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04/18/2016Monday, April 18, 2016 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda April 18, 2016Council Work Session Work Session Agenda 1. Call to Order 2. Presentations April Service Awards2.1 Automated Vehicle - Paul J. Steinman, District Seven Secretary FDOT2.2 3. Library St. Petersburg College (SPC) Presentation of Joint-Use Library Update (WSO) 3.1 4. Finance Comprehensive Annual Financial Report for Fiscal Year 2015. (WSO)4.1 Approve a contract (purchase order) with APG Electric, Inc. for services necessary for the City’s compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition, price not to exceed $530,219; and authorize the appropriate officials to execute same. (consent) 4.2 5. Gas System Approve an annual blanket purchase order (contract) to Florida Gas Contractors, Inc., in the amount of $3,700,000, with the option for two, one-year term extensions to provide the installation of natural gas mains and service lines (ITB 11-16), and authorize the appropriate officials to execute same. (consent) 5.1 6. Engineering Provide direction on the recommended deployment of a one-way pair roadway system with Coronado Drive and Hamden Drive in the fall of 2016. 6.1 Approve a construction agreement with CSX Transportation of Jacksonville, Florida in the amount of $374,644.00 for the establishment of a quiet zone along the CSX railroad line between Lakeview Road and Drew Street and authorize the appropriate officials to execute same. (consent) 6.2 Page 2 City of Clearwater Printed on 4/15/2016 April 18, 2016Council Work Session Work Session Agenda Approve Change Order 1 to Layne Inliner, LLC for Sewer Cleaning and Televising Inspection in the amount of $840,000; Change Order 1 to Hinterland Group, Inc. for Trenchless Repairs of the Sanitary Sewer Collection System in the amount of $360,000 and authorize the appropriate officials to execute same. (consent) 6.3 Approve the Contract for Purchase of Real Property by the City of Clearwater (Purchase Contract) of certain real property owned by Clearwater Christian College Private School, Inc. and Easterland Properties, LLC, with a purchase price of $1,360,000 and total expenditures not to exceed $1,400,000 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 6.4 Approve a work order to Engineer- of- Record (EOR) Brown and Caldwell of Tampa, FL in the amount of $178,849 for engineering services associated with the Marshall Street Water Reclamation Facility (WRF) Odor Control System and authorize the appropriate officials to execute same. (consent) 6.5 Approve the First Amendment to the agreement between the City of Clearwater and the Clearwater Ferry Services, Inc. (FERRY) extending the Time of Performance for the reimbursement through July 4, 2016 at no additional cost to the City and authorize the appropriate officials to execute same. (consent) 6.6 Approve a work order to Engineer of Record (EOR) Tetra Tech, Inc. in the amount of $99,980 for the Reclaimed Booster Pump Station Chlorine Control Improvements Project (16-0001-UT) and authorize the appropriate officials to execute same. (consent) 6.7 7. Planning Approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. (consent) 7.1 Award a contract for professional services pursuant to Request for Proposals (RFP) 04-16 to HR and A Advisors, Inc. for the Imagine Clearwater: Downtown Waterfront Master Plan Project as described in the Scope of Services for a lump sum fee of $378,000, and authorize the appropriate officials to execute same. (consent) 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road; and pass Ordinances 8865-16, 8866-16 and 8867-16 on first reading. (ANX2016-02004) 7.3 Page 3 City of Clearwater Printed on 4/15/2016 April 18, 2016Council Work Session Work Session Agenda Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive; and pass Ordinances 8871-16, 8872-16 and 8873-16 on first reading. (ANX2016-02006) 7.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue; and pass Ordinances 8868-16, 8869-16 and 8870-16 on first reading. (ANX2016-02005) 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way; and pass Ordinances 8847-16, 8848-16 and 8849-16 on first reading. (ATA2016-02001) 7.6 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way; and pass Ordinances 8850-16, 8851-16 and 8852-16 on first reading. (ATA2016-02002) 7.7 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way; and pass Ordinances 8853-16, 8854-16 and 8855-16 on first reading. (ATA2016-02003) 7.8 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1712 Grove Drive; and pass Ordinances 8897-16, 8898-16 and 8899-16 on second reading. (ANX2014-10021) 7.9 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court; and pass Ordinances 8874-16, 8875-16 and 8876-16 on first reading. (ANX2016-02007) 7.10 Page 4 City of Clearwater Printed on 4/15/2016 April 18, 2016Council Work Session Work Session Agenda Approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended; and adopt Resolution 16-05. 7.11 Approve a Future Land Use Map Amendment from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8895-16 on first reading. (LUP2016-03003) 7.12 Approve a Zoning Atlas Amendment from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8896-16 on first reading. (REZ2016-03003) 7.13 8. Marine & Aviation Approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same, and adopt Resolution 16-11. 8.1 9. Public Utilities Approve a Blanket Purchase Order (contract) to Water Specialists Technologies LLC of Sanford, FL in the amount of $183,700.00 for the purchase of copper precipitant TR-50 for a one-year period, May 1, 2016 through April 30, 2017, and authorize the appropriate officials to execute same. (consent) 9.1 Approve an annual blanket purchase order (contract) to H and H Liquid Sludge Disposal, Inc. of Branford, FL, in the annual amount of $596,400.00, with the option for two, one-year term extensions for the purchase of biosolids services (ITB 21-16), and authorize the appropriate officials to execute same. (consent) 9.2 10. Official Records and Legislative Services Reappoint Denise L. Rosenberger to the Airpark Advisory Board with a term to expire April 30, 2020. (consent) 10.1 Page 5 City of Clearwater Printed on 4/15/2016 April 18, 2016Council Work Session Work Session Agenda Appoint one member to the Parks and Recreation Board to fill the remainder of an unexpired term through May 31, 2018. 10.2 Reschedule the June 2, 2016 Council Meeting to Tuesday, May 31, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. (consent) 10.3 Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. 10.4 11. Legal Request authority to institute a civil action on behalf of the City against Gulfcoast Concrete Service, Inc. to recover $704.36 for damages to city property. (consent) 11.1 Request for authority to institute a civil action on behalf of the City against Malcolmson Construction Company, Inc. to recover $1,692.42 for damages to city property. (consent) 11.2 Request for authority to institute a civil action on behalf of the City against Salser Construction, LLC to recover $7,671.23 for damages to city property. (consent) 11.3 Request for authority to institute a civil action on behalf of the City against Duke Energy Florida, LLC to recover $19,886.34 for damages to city property. (consent) 11.4 Request for authority to institute a civil action on behalf of the City against GopowerFree, LLC to recover $565.09 for damages to city property. (consent) 11.5 Request for authority to settle the case of Bernadette Dean vs. City of Clearwater Case No. 14-009368-CI for $100,000. (consent) 11.6 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. Council Discussion Item County Blue Laws - Mayor Cretekos14.1 15. 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). 16. Closing Comments by Mayor 17. Adjourn Page 6 City of Clearwater Printed on 4/15/2016 April 18, 2016Council Work Session Work Session Agenda 18. Presentation(s) for Council Meeting April Service Awards18.1 Nall Lumber Company Day Proclamation - Carroll Nall and family18.2 Arbor Day Proclamation - Chuck Porthouse, P&R Department18.3 Civitan Awareness Month Proclamation - David Seabrooks, Civitan International 18.4 Drinking Water Week is May 1 - 7, 2016 Proclamation - David Porter, Public Utilities Director 18.5 National Landscape Architecture Month Proclamation - John Del Vitto, American Society of Landscape Architecture (Tampa Chapter) 18.6 City Employee Basketball League Award Presentation - Regina Novak, P&R 18.7 Page 7 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2240 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: April Service Awards SUMMARY: 5 Years of Service Joseph Marshall Solid Waste Brandi Portalatin Solid Waste Michael Andrews Library Patrick Brafford Parks and Recreation Michael Birnbaum Public Utilities Jessica Silveus Police 10 Years of Service Elizabeth Minor Parks and Recreation Carolyn Tellier Engineering/Parking Anne Wills City Manager LeAnn Holbrook Police Shannon Winthrop Public Utilities Patricia Shields Finance Michael Hatch Police Adam Kraft Police 15 Years of Service Katie Robinson Solid Waste Samantha Freeland Police Michelle Arnold Library Charles Walden Public Utilities Lydia Moreda Information Technology James Wagner Planning and Development Services 20 Years of Service Tanya Smith Police Charles Wilson Engineering/Parking Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2240 Thomas Carrick Planning and Development Services Theodore Miller Police Tereasa Roose Library Tim Hulburt Parks and Recreation Robert Orton General Services Kurt Rodriguez Police Andrew Blauvelt Public Utilities 25 Years of Service Thomas Mahony Engineering 30 Years of Service William Brown Parks and Recreation 35 Years of Service Mark Smyth Fire Nancy Scott Planning and Development Services Page 2 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2362 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Automated Vehicle - Paul J. Steinman, District Seven Secretary FDOT SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Automated Vehicle Technology – Our Future February 2016 Automated Vehicles Data Gathering/ Information Exchange •Vehicle-to-Infrastructure (V2I) •Vehicle-to-Vehicle (V2V) •Vehicle-to-Bike/Ped/Other (V2X) Safety critical functions of the vehicle (steering/throttle) not affected (operator is in control at all times) Enhanced Situational Awareness Connected Vehicles Specific Applications FDOT has Developed and/or Integrated from USDOT into SunGuide •Wrong Way Driver Detection and Alert •Over-height Detection and Alert •Emergency Braking •Emergency Vehicle Alert •Red Light Violation Warning Connected Vehicles Demonstration from 2014 FAV Summit Levels of Automation (as defined by NHTSA) •0 – No Automation, but advanced collision warnings, blind spot monitoring, etc. •1 – Function Specific, such as adaptive cruise control or active lane centering (but not as same time) •2 – Combined Function, such as adaptive cruise control and active lane centering working at same time (must still be actively engaged in operation of vehicle) •3 – Limited Self-Driving, Driver is not expected to monitor vehicle movements for limited time in limited situations (driver operates vehicle during part(s) of trip) •4 – Full Self-Driving, No human operator expected to control safety-critical functions of the vehicle Autonomous Vehicles Safety critical functions of the vehicle (steering/throttle) are affected without direct driver input GM Announced ‘Super Cruise’ at ITS World Congress (2014) Semi-automated driving technology and Vehicle-2-Vehicle (DSRC) communications •2017 Cadillac CTS Hands free, feet free (not mind free) driving •Highway cruising speeds •Stop-and-go congestion “Through technology and innovation, we will make driving safer.” – Mary Barra, GM CEO ITS World Congress 9/8/2014 General Motors Invests in Lyft GM announced in January (2016) that they’ve invested $500M in ride-sharing startup Lyft. Teaming to create a “network of on-demand autonomous vehicles.” “We see the future of personal mobility as connected, seamless, and autonomous.” – Dan Ammann, GM President Image courtesy of Wired.com Tesla Provided Over-the-Air Auto-Pilot Update Models sold after October 2014 optional “Auto Pilot Hardware” (cameras and radar sensors), but software was not included at time of sale. Approximately 70,000 Model S vehicles currently have Auto-Pilot capability. Software 7.1 Update (1/10/2016): •Auto-Pilot •Auto-Steer (20-85 mph) •Use turn signal to change lanes •Auto-Summon on private property AV Legislation Sixteen states introduced legislation related to autonomous vehicles in 2015, up from 12 states in 2014, nine states and D.C. in 2013, and six states in 2012. National Conference of State Legislatures 1/19/2016 States with Enacted AV Legislation Rapidly Changing Business Models •Requires new benefit/cost analysis to support deployment decisions •Needs systematic & strategic approach New Investments Needed •Funding sources •Infrastructure requirements •Staffing needs Data Issues •Ownership •Privacy/security •Access & support Interoperability •Local, regional, national – multiple protocols •Multi-jurisdictional testing and pilot agreements Implementation Challenges of Automated Vehicles Public Sector Perspective Space weather refers to the variable conditions on the Sun and in space that can influence performance and reliability of space and ground--based technological systems, and endanger life or health. Space Weather Electromagnetic Radiation Energetic Charged Particles Magnetic Field (Magnetized Plasma) Ionosphere Magnetosphere Geomagnetic Storm Impacts Satellite Operations Manned Spaceflight Aircraft Operations Rail Power Grid Operations GPS Impacts from geomagnetic storms are wide-ranging with potentially significant consequences. Potential Effects of AV on Design Criteria Lane Width •Potential less lane widths required for AV only lanes •For long life span projects (bridges/urban facilities) - combine small increases in paving now with reduced AV-only lane footprint for an extra lane in the future •Dedicated lanes for freight/transit Criteria that may become less of an issue •Sight distances •Road signs Materials •Materials may need to be updated to prevent ‘rutting’ if cars drive within >10 cm of lane center •Markings may need changes for improved machine-read as opposed to human read Potential Effects of AV on Urban Planning Parking Space Size •Reduced width (doors don’t need to open) •Varied sizes to fit specific vehicle types Parking Lot Location •No spaces within 300’ of building entrances? •On-street parking repurposed •Passenger drop off/pick up lanes at building entrance (similar to airport design) •Remote lots to make better use of urban land Development Patterns •Higher density requirements may be more attainable •Driveway placement and design •Building setbacks •Greater focus on bike/ped improvements Blue Polygons = Parking Autonomous Intersection Management Source: University of Texas Florida Automated Vehicle Initiative Steering Committee •Develop a Strategic Plan •Draft Design Standards for Major Infrastructure Investments •Initiate additional testing facilities •Form new non-traditional partnerships •Prioritize investment locations •Include AV/CV in all state planning documents •Long Range Transportation Plans •Strategic Highway Safety Plan •Further enhance 2015/2016 accomplishments FAV Steering Committee Members Chair - Assistant Secretary Rich Biter (Intermodal Systems Development) Assistant Secretary Brian Blanchard (Engineering & Operations) Assistant Secretary Rachel Cone (Finance and Administration) Chief Engineer – Tom Byron State Transportation Development Administrator – Jim Wood District 7 Secretary – Paul Steinman Florida’s Turnpike Enterprise Executive Director – Diane Gutierrez-Scaccetti Director of Transportation Statistics – Ed Hutchinson Director of TSM&O Office – Mark Wilson Working Groups Chairs Dana Reiding (Policy) Ed Coven (Transit) Fred Heery (ITS) Policies & Legal Issues Infrastructure/Technology •Roadway improvements •Engineering & design standards •Infrastructure investment Modal Applications •Transit •Freight •Inspections Stakeholder Working Groups •Policy – Metropolitan Planning Organizations and Long Range Transportation Plans (UF) •Connected Vehicle Messaging (UCF) •Autonomous Technologies for Mobility Solutions for the Aging and Disabled Populations (FSU) •Visioning Future Cities with AV Technologies (FSU) •Unmanned Aerial Vehicles (FIT) and Unmanned Surface Vessels (FAU) for Bridge Inspections •AVs for DOT Maintenance Vehicles (ERAU) University Research Partnerships Universities in Florida have been conducting research on AV/CV/ITS technologies for >10 years Pilot Projects Assessing Advanced Driver Assistance Systems in District 7 (Safety) Assessing Connected Vehicle Technologies for Miami’s Perishable Freight Industry (Freight Mobility) USDOT Connected Vehicle Deployment in District 7 with the Tampa Hillsborough Expressway Authority •Focused on reducing the frequency and severity of crashes (Safety) Potential Pilot Projects (in planning): •Autonomous Attenuator Truck (Work Zone Safety) •Autonomous Low Speed Electric Shuttle for First/Last Mile Solutions (Mobility for Transportation Disadvantaged and Aging Populations) Improving Safety and Mobility Email questions/comments to: AutomatedFL@dot.state.fl.us www.AutomatedFL.com Questions? Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2308 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Library Agenda Number: 3.1 SUBJECT/RECOMMENDATION: St. Petersburg College (SPC) Presentation of Joint-Use Library Update (WSO) SUMMARY: SPC will present an update of the joint-use project. Draft copies of Interlocal and Operating Agreement are available for City Council review. No action will be taken at this time. Page 1 City of Clearwater Printed on 4/15/2016 [GM14-1721-003/166562/5] Date Filed with the Pinellas County Clerk’s Office:___________ INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION AND DESIGN OF THE SHARED USE COMMUNITY LIBRARY LOCATED ON THE ST. PETERSBURG COLLEGE CAMPUS AT 2465 DREW STREET, CLEARWATER, FLORIDA ________________________________________________ Between CITY OF CLEARWATER, for and on behalf of the Clearwater Public Library System and ST. PETERSBURG COLLEGE BOARD OF TRUSTEES, for and on behalf of St. Petersburg College –Clearwater Campus [GM14-1721-003/166562/5] Intergovernmental Construction and Design Agreement Table of Contents ARTICLE 1:DEFINITIONS……………………………………….……… 1 ARTICLE 2:OWNERSHIP AND USE……………………………....… 3 ARTICLE 3: NAME OF LIBRARY………………………….………… 4 ARTICLE 4: LOCATION, DESIGN AND CONSTRUCTION...................4 ARTICLE 5 FUNDING……………………………….………………… 6 ARTICLE 6: TERM…………………………………………………….… 9 ARTICLE 7: FURNISHINGS, FIXTURES AND EQUIPMENT…………9 ARTICLE 8: CITY-DEDICATED LIBRARY CAPITAL CONTRIBUTION: SHARED LIBRARY CAPITAL CONTRIBUTION; ROUTINE MAINTENANCE AND COST-SHARING…………………….………..… 9 ARTICLE 9: FUTURE ISSUES………………………………………….. 10 ARTICLE 10: APPROPRIATION……………………………………….. 10 ARTICLE 11: INDEMNIFICATION…………………………………... 10 ARTICLE 12: INSURANCE……………..………..…………………….. 11 ARTICLE 13: DISPUTE RESOLUTION………………………….…… 12 ARTICLE 14: FISCAL NONFUNDING …………………………..…… 13 ARTICLE 15: DEFAULT, BREACH, TERMINATION AND ENFORCEMENT OF AGREEMENT………………………………..…… 13 ARTICLE 16: CONDEMNATION………………………………….…… 13 ARTICLE 17: EFFECTIVE DATE………………………….………..… 13 ARTICLE 18: COMPLIANCE WITH LAWS…………………….…… 13 ARTICLE 19: REPRESENTATATIONS AND WARRANTIES………. 13 ARTICLE 20: ASSIGNMENT…………………………………..……… 14 ARTICLE 21: EXHIBITS………………………………………………. 14 ARTICLE 22: NOTICES………………………………………………… 14 ARTICLE 23: WAIVER…………………………………………..……… 15 ARTICLE 24: GOVERNINGLAW……………….……………………….. 15 ARTICLE 25: JURISDICTION AND VENUE…………….…………..… 15 ARTICLE 26: SURVIVAL……………………………………………….. 15 ARTICLE 27: PUBLIC RECORDS/STUDENT RECORDS…………. 15 [GM14-1721-003/166562/5] ARTICLE 28: BINDING EFFECT………………………………… 15 ARTICLE 29: NO THIRD PARTY BENEFICIARY………………… 15 ARTICLE 30: HEADINGS……………………………………………. 15 ARTICLE 31: UNDERSTANDING AND DRAFTING OF AGREEMENT...........................................................................................15 ARTICLE 32: ENTIRE AGREEMENT…………………………..……. 15 ARTICLE 33: SEVERABILITY…………………………………..…… 16 [GM14-1721-003/166562/5]Page 1of 25 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is originally made and entered into on the _____ day of _______, 2016by and between the City of Clearwater, Florida ("City or Party"), a municipal corporation, and the Board of Trustees of St. PetersburgCollege ("College or Party"), a political subdivision of the State of Florida, (collectively, "Parties"). WITNESSETH: WHEREAS, the City and College desire that library facilities (“Library”) shall be jointly planned, designed, and constructed on the College's Clearwater Campus at 2465 Drew Street, Clearwater, FL, 33765, to provide library programs, services, materials and resources to benefit the citizens of the City and the students, staff and faculty of the College; and WHEREAS, the Parties are authorized to enter into intergovernmental agreements, pursuant to section 163.01, Florida Statutes, to provide any function, service, or facility; and WHEREAS,the City and College desire to enter into this Agreement in order to set forth their respective rights and obligations concerning the design, construction, maintenance, operation, management and use of the Library; and WHEREAS,the land upon which the Library will be built is owned by the College; and WHEREAS,the Library building will be owned by the College; and WHEREAS, the College is required to provide library services and resources as part of its accreditation as an institution of higher education under the standards of the Southern Association of Colleges and Schools Commission on Colleges;and WHEREAS,the College anticipates that the Library will serve that purpose; and WHEREAS, the City desires to provide library service to citizens in the service area of the Library and all other citizens of the City; and WHEREAS,the City anticipatesthat the Library will serve that purpose. NOW,THEREFORE,for and in consideration of the foregoing recitals (all of which are hereby adopted as an integral part of this Agreement), the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and College agree as follows: Article 1.Definitions. A."City Council" means the City Council of the City of Clearwater. B."City Library Director" means the Director of the City's library system, or his or her [GM14-1721-003/166562/5]Page 2of 25 authorized designee. C."Directorof Learning Resources" means the Director of Learning Resources at College libraries, or his or her authorized designee. D.“City-dedicated Space” means space generally reserved for the City’s exclusive use. E."City Librarian" means the librarian who oversees the City-designated Space and Shared Spaceof the Library and delivery of services to community users. The CityLibrarian shall be a member of the City and Shared Operations Staff. F."City and Shared Operations Staff” means a qualified and experienced library staff that will be assigned to work both City-designated and shared operations areas of the Library. G.“College-dedicated Space” means space generally reserved for the College’s exclusive use. H.“College Use Staff” means a qualified and experienced library staff that will be assigned to work in the College-designatedand shared operation areas of the Library and participate primarily in the delivery of programs and services to College users. I."Days" or "days" means calendar days, exclusive of City and/or College holidays. J."Educational Specifications" or "Ed. Specs." means a document developed by the Educational Specifications Team and approved by the City and College that sets forth the programmatic requirements of the City and College related to the design and construction of the Library, including furnishings, fixtures, and equipment. K."Educational Specifications Team" or "Ed. Specs. Team" means the group of representatives designated by the City and College, under the direction of the College and in conjunction with the City, that shall meet to develop, review and approve the programming and design of the Library. L."Effective Date" means the date this Agreement is executed by the last Party to this agreement. This Agreement is contingent upon the approval of the governing board or entity of each Party. M.“Laws" means all applicable present and future (i) federal, state, and local laws, statutes, ordinances, rules, regulations, and codes and the federal and state constitutions; (ii) decrees, orders, applicable equitable remedies and decisions by courts in cases where such decisions are binding precedent in the State of Florida; (iii) decisions of federal courts applying the Laws of the State of Florida; and (iv) regulations and orders of quasi-official entities orbodies (e.g., boards, bureaus and public utilities), as the same may be amended or supplemented from time to time. "Laws" shall include, without limitation, the bonding requirements of Section255.05, Florida Statutes, the public records requirements of Chapter 119, Florida Statutes, theAmericans with [GM14-1721-003/166562/5]Page 3of 25 Disabilities Act, and employment laws. N."Library'' means the library facilities, including the building, landscaping, relevant furniture, fixtures, equipment and related parking to be designed and constructed pursuant to this Agreement, as further describedin the recitals set forth above. O."President" means the president of the College, or his or her authorized designee. P.“Shared Space” means all space notdesignated College-dedicated space or City- dedicated space. Shared Space includes“program space” whichgenerallymeans library/study space, nonvocational laboratory space, audio visual space, auditorium/exhibition space, student services space, office space, and support services space. Shared Space also includes “common areas” which generally meansspace for electrical, mechanical and HVAC equipment, general circulation include stairs and elevators, student sanitation, staff and public sanitation, custodial, interior and exterior walls, open malls and under roof overhangs. Article 2.Ownership andUse. A. Ownership. The land upon which the Library will be built and, upon completion of construction of the Library, the building, the capital improvements, and fixtures related to the Library shall be owned by the College. B. Operating Agreement.The Parties shall negotiate and sign a separate agreement specifying each party’s rights and obligations concerning the use and operation of the Library (“Operating Agreement”). The signing of the Operating Agreement is a condition precedent for the Cityto provide the College the funding specified in this Agreement for the design and construction of the Library. The Operating Agreement will address the following, but is not limited to: library governance and management; staffing; hours of Library operation; circulation services; computer access; security; Library patron identification systems; city-specific parking; operating expenses; shared and separate Library uses; and a mission statement for the Library. The Parties will enter into an Operating Agreement for a minimum of thirty (30) years, with two optional ten-year (10) extensions. C.Limitation of Use. The Parties agree that the Library and the land it will occupy shall be used solely as a joint academic and community library serving the campus of the College and the City’s community for a minimum of thirty (30) years, with two optional ten-year (10) extensions. Neither party shall allow any use of the Library for any purpose or action that compromises the aforementioned Operating Agreement. This promise shall be enforceable by injunctive, declaratory, or other relief. If this Intergovernmental Agreement is terminated, the City is entitled to a full refund of any design and construction costs paid to the College up to the date of termination. D.Amortization of City’s Investment. If the College breaches the promise to utilize the Library and land as a joint academic and community library, or the Operating Agreement is [GM14-1721-003/166562/5]Page 4of 25 terminatedby the Collegewithout cause,or by the City for-cause,the College agrees to pay the City an amount equal to the unamortized design and construction funds provided to the College by the City, calculated as detailed in Exhibit A, on the date of the breach, such unamortized design and construction costs to be determined by amortizing on a straight line basis over a thirty (30) year period commencing on the Operating Agreement commencement date. If the Operating Agreement is terminated during the span of an agreement year, then the amount of the City’s refund will be prorated for that particular agreement year. If the City terminates the Operating Agreementwithout cause,the Collegemay keep all funds paid toward the design and construction of the Library, withoutanyreimbursement to the City. Article 3.Name of Library. A. Library Name. The College and the City shall, in good faith, mutually agree on the name of the Library. Any name of the Library shall be subject to the approval and guidelines of the City Council and the College’s Board of Trustees. The College’s Rule on Naming of College Facilities, located in the Board of Trustees Rules and College Procedures (http://www.spcollege.edu/central/botrules/#) and as amended during the span of this Intergovernmental Agreement and/or the Operating Agreement, is incorporated herein by reference. B. Names of Allocated Space. The College and the City shall each retain the right to name spaces within the College-designated Space and the City-designated Space, respectively, subjectto the reasonable approval of the other Party. C. Names of Shared Space. Either Party shall have the right to propose to the other Party names for any Shared Space within the Library. Such proposed names shall be submitted by the Party proposing such name to the other Party, and the Parties, each using their respective guidelines and procedures, shall decide whether or not to approve of such names. In the event theParties do not agree as to any such proposed name, such Shared Space shall not be named. Article 4.Location,Design,andConstruction. A. Location. The Library will be located at a site within the SPC–Clearwater campus at 2465 Drew Street, Clearwater, Florida, and it shall be easily visible and accessible from Drew Street. The site plan, specifically describing the location, is attached hereto as Exhibit B. The square footage of the Library building shall total Forty-Three Thousand, Five Hundred and Fifteen (43,515) square feet. The City’s anticipated square footage will include 16,442square feet comprised of 9,457square feet of City-designatedprogram Space and the City’s proportionate share (37.8percent) of the Shared Space within the Library buildingwhich is calculated to be 6,985square feet. The College’s anticipatedsquare footage will include 27,073 square feet, comprised of 15,572 square feet of program space and its proportionate share of Shared Space totaling 11,501 square feet. The Library will include utility and technology infrastructure; curbs; sidewalks; landscaping; and other site improvements. At minimum, eighty (80) City-exclusive parking spaces will be [GM14-1721-003/166562/5]Page 5of 25 located near the immediate vicinity of the Library building, and such City-exclusive parking shall meet the City’s and College’s requirements.The parking constructed at the Library will be built to industry standards and consistent with the type of parking that is typically constructed at other college/university libraries.The City will bear the cost of this exclusive-use parking. B. The Ed. Specs. Team shall meet not less than once per month during the design phase of the Library project. The Ed. Specs. Team shall cease meeting at the conclusion of design development. C.College’s Obligations. The College: 1.Shall complete the Library project in accordance with applicable Laws, including but not limited to the Americans with Disabilities Act (“ADA”), State Requirements for Educational Facilities (“SREF”) and the Florida Building Code. All building requirements, permits and inspections shall be under the jurisdiction of the College and not subject to City building permitting or inspection ordinances. The College will submit to the City's site plan review process for the Library project. 2.HasselectedCanerday,BelfskyandArroyoArchitects,Inc., asthe architect (“Architect”) and Creative Contractors, Inc., as the Construction Manager At-Risk (“Construction Manager”)fortheLibraryproject. 3.Shall be solely responsible for developing and constructing the Library and other associated site improvements associated with the construction of the Library in accordance with the plans and specifications prepared by the Architect and afterapproval bythe City. Both the College and the City will collaborate in the contractor selection and all project design decisions. 4.Shall procure goods and services for the Library in compliance with law of the state of Florida. 5.Shall, on behalf of itself and the City, pay any and all fees and charges associated with the construction of the Library project. 6.Shall provide the City with a copy of all payment invoices, requests, or applications at the time as submitted to theCollege at the address provided in this Agreement. 7. Shall serve as fiscal agent for the design and construction of the Library and management of the Project Construction Budget, as defined in this Agreement. 8. Shall serve as the designated project manager through the planning, design, and construction phases of the Library. 9.Pursuant to the City’s public art policy, the College shall incorporate public art into the Library Project. The City shall contribute $53,620.47toward thecost of such [GM14-1721-003/166562/5]Page 6of 25 public art. E.City’s Obligation. The City, subject to the College’s performance under this Agreement, shall make payments to the College in the manner detailed by this Agreement. F.The College and the City’s Joint Obligations. The Parties: 1. ThePartiesshallparticipateinthe selectionoftheConstruction Manager throughthecompetitive selectionprocess setforthinSection287.055,FloridaStatutes,and administered bytheCollege. TheCity’s participantsintheselection processshallbe designatedbytheCityandmaybemembersoftheEd. Specs.Team. TheCollege shallnot replacetheArchitectorConstruction ManagerselectedbythePartieswithouttheCity’s priorwritten consent. 2.TheCollegeandtheCity,throughtheEd.Specs.Team,shalldevelop the Ed.Specs. TheEd.Specs.shallbeusedbythearchitectin thedevelopment ofthedesign documents.ThosedocumentsshallbeprovidedtotheCity, andtheCity shallhavethirty(30) daysfromthedateofreceiptofsuchdocumentstoreviewandcomment onthedocuments andreturnsuchdocumentstotheCollege, as the City could require approval from its City Council. TheCollege shallnotcommenceconstructionoftheLibraryuntiltheCityhas notified theCollege,inwriting,ofthe City'sapproval ofthefully developed construction documents(“100% Construction Documents”),which approval shall not be unreasonably withheld. FailureoftheCitytorespond totheCollegewithintheabove-referenced thirty(30) day timeframeshall constitute approval by the City for the Collegetoproceedwith constructionoftheLibraryinaccordancewiththe 100% ConstructionDocumentsprovidedto theCity.TheCollegeshallnot modify the 100% ConstructionDocuments without the City’s prior written approval, whichapprovalshallbesubjecttotheabove-referencedthirty(30) day time frame. 3.The Parties shall conduct one or more design charettes to seek community input on the design of the City-designated areas in the Library. Article 5.Funding. A.Library Construction Budget. The Library construction budget (“Library Construction Budget”) shall consist of the projected design and construction costs, including site development and all furnishings, fixtures, and equipment costs for the Library that the College and the City will share. B.Site Development Costs. It is understood and agreed by the Parties that the site development costs included in the Library Construction Budget are those necessary and directly related to the construction of the Library, or that are required to connect the Library site with infrastructure, such as existing utilities and roads. C.Exceeding the Library Construction Budget. In the event that the guaranteed maximum price for the construction of the Library exceeds the dollar amounts provided for in the Library [GM14-1721-003/166562/5]Page 7of 25 Construction Budget, the Parties shall confer, consult, and unanimously agree on the appropriate action to take, including but not limited to, approval of modifications to the Architect’s plans and specifications to reduce the cost of construction. The College understands that the City is under no obligation to provide more than its contribution to this project, as detailed in this Agreement, to cover cost overruns. D.The College acknowledgesthat the City's Contribution will be funded by proceedsgeneratedfromthelocal government infrastructuresurtax,thatsuchproceedsarethe City'ssolesourceoffundingfor theCity'sContribution,andthattheCity's Contribution shallbe expendedbytheCollegeinaccordancewithSection212.055,FloridaStatutes,other applicable Lawsandcurrentandfuturerestrictions ontheuseofproceedsgeneratedfromthe local government infrastructure surtax. E.Library Costs and Payment Schedule. 1.The College shall establish and maintain a separate project account for the design and construction of the Library. 2.The Parties acknowledge that the Library Construction Budget is an estimate of the cost to build the Library and their actual financial responsibility includes all of the costs actually incurred in designing and constructing the Library (“Actual Project Costs”). Notwithstanding this, the Parties must unanimously agree to any Library costs in excess of the Library Construction Budget, or agree to joint or individual reductions in project scope to meet available funding from each Party. In the event that the Actual Project Costs are less than the Library Construction Budget at final completion, any remaining budgeted funds of the College, or as maybe contributed by the City, shall be moved into the Operational Fund, to be maintained and used pursuant to Section 5.4 of the Agreement for the Operation of the Shared use Community Library. 3.The College shall pay all Actual Project Costs to contractors, design consultants, consultants, vendors, or suppliers, so long as they do not exceed the Library Construction Budget. ExceptfortheCity'sContribution,theCollegeshallberesponsiblefor providing thenecessaryfundingforthe designandconstructionoftheLibrarypursuanttothis Agreement. 4.TheCityshallcontribute Five Million, Nine Hundred and Sixty-Two Thousand, Eight Hundred and Thirty-Eightdollars ($5,962,838.00)towardthe Actual Project Costs("City'sContribution"), not including the City’s Contribution of Public Art as provided for in this Article. 5.TheconstructionscheduleshallbeprovidedbytheCollegeandshall reflectdatesforeach significantphaseoftheLibraryproject("Milestone Dates").The followingMilestoneDateshavebeenestablishedbyboth the CollegeandtheCity:(i) programminganddesignphaseshall beginbythe endof__________;(ii)finaldesignapproval shalloccurby__________;(iii)constructionoftheLibrary shallcommenceby__________; and(iv) constructionshallbecompletedandthe Libraryopened tothepublicby __________("Opening Date"). TheCollegeshallnotifytheCityofanymodifications tothe MilestoneDates. EachMilestoneDatemaybemodified,subjecttothe College'snotification oftheCity,uptosixty(60)days. However,the Collegeshallnotmodifyanindividual [GM14-1721-003/166562/5]Page 8of 25 MilestoneDatebysixty-one(61)days ormorewithoutthepriorwrittenapprovaloftheCity, whichapproval shallnotbeunreasonablywithheld. Notificationsandrequestsforapproval shallbemade in accordancewiththis Agreement. 6.Payment Schedule –Design Costs. Upon final design approval, the City shall make available to the College its portion of the design costs, to be calculated at $25.00 per square foot.The City’s funding contribution to the design costs of Four Hundred and Eleven Thousand, and Fifty dollars ($411,050.00)is based upon the City-dedicated program Space and the City’s proportionate share of the Shared Space,totaling 16,442square feet within the real improvements comprising the Library. 7.Payment Schedule –Construction Costs. Upon commencement of construction of the Library, the City shall make available to the College Five Million, Nine Thousand, Two Hundred and Two dollars ($5,009,202.00),which constitutes 100% of the City’s Construction Contributionof $281.00per square footfor City-dedicated Space and the City’s proportionate share of the Shared Space, and $389,000.00 for the exclusive-use parking (80 spaces); and then at Substantial Completion the City shall make available to the College Five Hundred and Forty-TwoThousand, Five Hundred and Eighty-Sixdollars ($542,586.00), which constitutes the City’s share of furniture, fixtures and equipmentat$33.00per square footfor City dedicated Space and the City’s proportionate share of the Shared Space. 8. Procedure for Payment of Project Costs. The Parties agree that the College shall provide copies of invoices or other requests for payment from the Architect and/or the Construction Manager to the City at the following address: City of Clearwater Engineering P.O. Box 4748 Clearwater, FL 33758-4748 The City’s Assistant Director of Engineering may also participate in the review of invoices or other requests for payment from the Architect and/or the Construction Manager. The City shall direct the funds detailed in the above payment schedules in paragraphs 6 and 7 above to St. Petersburg College, Facilities Planning & Institutional Services, Attention: Associate Vice President of Facilities Planning & Institutional Services, P.O. Box 13489, St. Petersburg, Florida 33733, on the dates herein stated. 9.Disposition of Project Claims. If the Architect and/or Construction Manager assert a claim under their contracts, the College shall be responsible for investigating and disposing of those claims, as specified in its contract terms, procurement procedures, and as state statutes dictate. To the extent that those claims may affect the Library Construction Budget or Actual Project Costs significantly, the College’s Project Manager shall confer with the City regarding the disposition of the claim. 10. City Contribution ofPublicArt The City shall separately contribute an estimated $53,620.47 for public art to be identified and incorporated into the Library plans developed in accordance with the applicable requirementsof the City of Clearwater Library System, and mutually agreed upon by the City and the Provost of the College’s Clearwater Campus. [GM14-1721-003/166562/5]Page 9of 25 Article 6. Term. The term of this Agreement shall commence upon the Effective Date and expire when the construction of the Library described in Article 4 is complete, all claims, payments and other external costs of construction and design have been paid or satisfied, and the City has provided the College all of the City’s Contribution, pursuant to Article 5 of this Agreement. Article 7.Furnishings,Fixtures,andEquipment . A. TheCollegeshall provideandsupervisetheinterior design, manufacturers,and vendorsasnecessaryforthedesign,planning,purchase(or lease) and installation of furnishings,fixtures,and equipment fortheLibrary. The College and the Cityunderstand that the cost offurnishings, fixtures, and equipment isincluded in theCity’s contribution for Construction Costs towardthe Library, as set forth in Article 5 above. B. UnlessotherwisemutuallyagreeduponbytheParties,theCollege shallbe responsible forpurchasingor leasing allfurnishings,fixturesandequipmentfortheLibrary,assetforth in anequipmentlistmutuallyagreeduponbytheParties ("Equipment List"—Exhibit C). The College and the City understand that the cost of technology is not included in the City’s contribution for Construction Costs toward the Library. The City shall pay for its technology at the City’s sole cost and expense independent of any amounts referenced under this Agreement. C. Allfurnishings,fixturesandequipmentpurchasedor leased bytheCollegeshallbe owned bytheCollege. All furnishings,fixturesandequipmentsuppliedbytheCityshall remainthepropertyoftheCity. D. TheCollegeshallprovidesufficientfurnishings,fixturesand equipmentintheShared SpaceoftheLibrary,assetforthintheExhibit C. Nothingherein obligates norprohibitsthe City,ofitsownaccord,frommakingfurthercontributions offurnishings,fixturesand equipmenttotheLibrary,asapprovedbythe College.A list of such furnishings, fixtures, and equipment so supplied or affixed as of the date of Substantial Completion shall be delineated and set forth in an addendum mutually agreed upon by the Parties as Exhibit D, “Furnishings, Fixtures and Equipment Contributed by the City.” Article 8.City-Dedicated Library Capital Contribution; Shared Library Capital Contribution; Routine Maintenance and Cost-sharing A. The College shall maintain, repair and keep in good working order and condition the Library building and land, capital improvements, furnishings, fixtures (e.g., lighting, plumbing, and heating and air conditioning equipment) and equipment, and parking lots designated for the Library. [GM14-1721-003/166562/5]Page 10of 25 B.TheCollegewillprovideforallutilitiesandcapitalmaintenance. It is understood by the Parties that theCity shallberesponsibleforproviding its share of fundingnecessarytofulfill operating expenses at the Library as provided in Article 5 of the Operating Agreement. Article 9.Future Issues.The City and College shall work cooperatively to implement any future expansion of the Library that the Parties mutually agree is appropriate and necessary to meet the needs of College and community users. Article 10.Appropriation. A.TheCollegeislargelydependentuponannualappropriationsfrom theState Legislatureand,therefore,theCollege's financialobligationsunderthisAgreement are contingentuponanadequate annual appropriation fromtheStateLegislature.Thereduction or eliminationofservicesbytheCollegeduetoinsufficientannual legislativeappropriations shall notbeadefaulthereunder.TheCitymayterminatethisAgreementuponthirty(30) daysprior writtennoticeintheeventthattheCollege'sinadequatefundingadverselyaffectsthe community useareasoftheLibrary or services providedtocommunityusers. B.The obligations of the City as to any funding required pursuant to this Agreement (other than the City's Contribution which shall be funded only as provided in Article 5of this Agreement) shall be limited to an obligation to budget and appropriate from legally available funds, after monies for essential City services have been budgeted and appropriated. Notwithstanding the foregoing, the City shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the City pursuant to this Agreement. C.Neither party shall be required to pay for or perform the duties or responsibilities of the other in the event of the other's inadequate funding. In the event of the College’s failure to perform its duties and responsibilities under this Agreement due to inadequate funding, the City shall be refunded the full amount of funds contributed to the Library within thirty (30) days of the College’s notice to the City of its inability to perform. In the event of the City’s failure to perform its duties and responsibilities under this Agreement due to inadequate funding, the College may, at its sole option, retain any City-contributed funds toward the design and construction of the Library, without reimbursement to the City, and apply such toward completing the Library. Article 11. Indemnification. A. Each Party hereto shall indemnify and hold harmless and defend the other Party, their trustees, officers, agents, elected officials, or employees, from any and all liability, damages, cost, or expense any indemnified Party shall become obligated to pay by reason of any claim, lawsuit, or judgment on account of injury to propertyor injury received or death suffered to persons, which is caused by the act or omission of any duty that the indemnifying Party or their trustees, officers, agents, elected officials, or employees under this Agreement. This indemnification clause shall survive the expiration or earlier [GM14-1721-003/166562/5]Page 11of 25 termination of this Agreement until all claims against the Parties involving any indemnified matters are resolved or barred by the applicable statute of limitation. B. All of the indemnification obligations of the College and City shall be limited to the extent permitted by law. Nothing in this Agreement shall alter the waiver of sovereign immunity or extend the College's or City's liability beyond the limits established in Section 768.28, Florida Statutes. C. Nothing herein shall be construed as consent by the City or College to be sued by third parties in any matter arising out of this Agreement. Article 12. Insurance. A.It is understood that the City and the College shall, at each Party’sown cost and expense, acquire and maintain (and cause any contractors, representatives, or agentsto acquire and maintain) during the term of this Agreement, sufficient insurance, self-insurance, or a combination of self-insurance and excess insurance, toadequately protect the respective interests of the parties. Specifically both Parties shall carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 1.Commercial General Liability Insurance coverage in the minimum amount of $200,000 (two hundred thousanddollars) per occurrence and $300,000 (three hundred thousanddollars) general aggregate. Coverage should include but not be limited to, premises operations, products/completed operations, products liability, independent contractors, personal injury and advertising injury. 2.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $200,000 (two hundred thousanddollars) combined single limit. 3.Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, Public Entities, sub Public Entities, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies, and are subject to applicable changes, including changes in limits, by the Florida Legislature to the rules and provisions governing such coverage and to §768.28, Florida Statutes. B.In addition to coverage required in Article 12,Section A,after the Certificate of Occupancy has been issued,the College shall acquire and maintain Property Insurance on the [GM14-1721-003/166562/5]Page 12of 25 Library to repair, rebuild, or replace the Library to its original, new condition. In particular, the College shall acquire andmaintain an “all-risk” type of insurance, including coverage for flood and other catastrophes. The policy shall cover the Library, appurtenant structures and outbuildings, improvements and alterations, fixtures, furnishings, equipment, and College-owned contents. The City shall acquire and maintain such Property Insurance or self-insure to cover 100% of the full replacement value of City-owned contents within the Library. C.The College shall purchase and maintain, or cause the Construction Manager to purchase and maintain, Builder’s Risk insurance, property insurance written on an “all risk” policy form including coverage as detailedin section 12.B. in an amount equal to 100% of the estimated completed value of the project plus any subsequent modifications to that sum, and shall include property in transit and property stored on or off premises that shall become part of the project. Such Builder’s Risk insurance shall be maintained until the final payment has been made and the Certificate of Occupancy is received.In the event of damage to or destruction of the Library during construction caused by the perils covered by insurance, the proceeds thereof shall be applied to the reconstruction, repair, or replacement of the damaged or destroyed portion of the Library and/or fixtures and personal property of the Party whose insurance is providing the proceeds. The College shall begin such reconstruction, repair, or replacement promptly after such damage or destruction occurs and shall continue and properly complete such reconstruction, repair, or replacement so that same shall be completed expeditiously; the Library shall be free and clear of all claims and liens. D.If the insurance proceeds are insufficient to complete reconstruction or repair of the Library duringconstruction, the Parties agree to meet and confer with each other to determine funding of amount needed to complete the reconstruction or repair. The College understands that the City is not obligated to fund more than the City’s contribution. E.Other Insurance Provisions. 1.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, each Party shall furnish the other Party with either a Letter of Self-Insurance (SIGNED by the Risk Manager) and/or Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements where required) evidencing all of the coverage set forth above. 2.Both Parties shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. 3.Each Party shall be responsible for their own self-insured retention or deductibles associated with any purchased program. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability, and failure to request evidence of this insurance shall not be construed as a waiver of the City’s or College’s obligation to provide the insurance coverage specified. Article 13.DisputeResolution. Except as otherwise provided in this Agreement, if any [GM14-1721-003/166562/5]Page 13of 25 dispute or controversy arises amongst the Parties regarding the interpretation or enforcement of this Agreement or because of an alleged controversy, breach, or default in connection with any provision of this Agreement, the Parties will first attempt to resolve such differences via nonbinding mediation, if they are unable to resolve such difference in good faith on their own. If mediation does not resolve the dispute, the other Party may exercise all legal and equitable remedies available to it. Article 14.FiscalNonfunding. In the event that sufficient budgeted funds are not appropriated by the State of Florida to allow the College to design and construct the Library as contemplated herein, the College shall notify the City of such occurrence, the College shall not have any further obligations to construct the Library and this Agreement shall terminate. The City and the College shall have no further obligation or liability to each other under this Agreement, other than the College returning the City’s Contribution, together withinterest, income or revenue generated therefrom, to the City within thirty(30) days of the College's termination pursuant to this Article. Article 15.Default, Breach,Termination and Enforcement ofAgreement. A.If any Party fails to cure a material breach of this Agreement within sixty (60) days following receipt of written notice from the other Party, that Party shall be considered in default. The Parties shall engage in non-binding mediation to resolve the matter. If mediation does not resolve the dispute within ninety (90) days following receipt of the written notice required in this section, the other Party may exercise all legal and equitable remedies available to it. B.During the period when a Party is inbreach of this Agreement, all rights and privileges of such Party shall be suspended. C.Notice of any termination shall be given in accordance with Article 22of this Agreement. D.Should the College terminate this Agreement, theCollegeshallnotretainany furniture,fixtures,equipment,resources,materials orcollectionspurchasedorrelocatedto theLibrarythat are ownedbytheCity. Article 16.Condemnation. If the Library, or a substantial portion of the City-designated use areas (as determined solely by the City), is taken by eminent domain prior to the end of the year of this contract Term, the College shall pay the City according to the amortization schedule in Exhibit A. The College's payment to the City required pursuant to this Paragraph 16 shall be made within ten(10) days of receipt of notice of the condemnation, by the College, from the condemning authority. Article 17.EffectiveDate.TheCollegeshallfilethisAgreementwiththeClerkofthe CircuitCourt of PinellasCountyafterexecutionbytheParties,andthisAgreementshallbe effectiveupon execution by the last Party to this Agreement. This Agreement is contingent upon the approval of the governing board or entity of each Party. Article 18.CompliancewithLaws. The Collegeshallcomply withallapplicable Laws [GM14-1721-003/166562/5]Page 14of 25 in the design,construction,maintenance,operation,staffingandmanagementofthe Library. Article 19.RepresentationsandWarranties. A. TheCityherebyrepresentsand warrantstotheCollegethat: (i) theCityisa duly authorizedandvalidlyexistingFloridamunicipalcorporation;(ii) theCityhasthefullright and authoritytoenterintothisAgreement; (iii) eachofthepersons executingthis Agreement on behalfoftheCityisauthorizedtodoso;and(iv) thisAgreementconstitutes avalidand legally bindingobligationoftheCity,enforceableinaccordancewithits terms. B. TheCollegerepresents andwarrantstotheCitythat: (i)theCollege isa duly authorizedandexistingpoliticalsubdivisionoftheStateofFlorida;(ii) theCollegehasthe full right and authority to enter into this Agreement; (iii) each of the persons executing this AgreementonbehalfoftheCollegeisauthorizedtodoso;and(iv)this Agreementconstitutes a validandlegallybindingobligationoftheCollege,enforceablein accordancewithits terms. Article 20.Assignment. NeithertheCitynorCollegemayassignanyrightsordelegate any duties underthisAgreementwithoutthewrittenconsentoftheother party. Article 21.Exhibits. Each exhibit to this Agreement is an essential part hereof and is hereby incorporatedhereinbyreference. Anyamendmentsor revisionstosuch exhibits,evenif not physicallyattachedhereto,shallbetreatedasifapartofthis Agreementifsuchamendments or revisionsspecificallyreferencethisAgreementandare executedbythe Parties. Article 22.Notices. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands,requests forapprovals orothercommunications which arerequired to be given by eitherpartytotheothershallbeinwritingandshallbedeemedgivenand deliveredonthe date deliveredinpersontotheauthorizedrepresentativeof therecipient providedbelow,upon the expiration offive (5)daysfollowing thedatemailedby registered or certified mail, postage prepaid, return receipt requested, or upon thedate delivered by overnight courier (signature required)and addressed: TOTHECITY:TOTHE COLLEGE: City of Clearwater Library St. Petersburg College ATTN: Barbara Pickell ATTN: General Counsel’s Office P.O. Box 4748 P.O. Box 13489 Clearwater,Florida33758-4748 St. Petersburg, FL 33733 WITH COPY TO: [GM14-1721-003/166562/5]Page 15of 25 City Attorney’s Office ATTN: Library Designee P.O. Box 4748 Clearwater, Florida 33758-4748 B. TheCityorCollegemaychangeits authorizedrepresentativeoraddress for receipt ofnoticesbyprovidingtheotherwithwrittennoticeofsuchchange. Thechangeshall becomeeffectiveten(10)daysafterreceiptbythenon-changingpartyofthewrittennoticeof change. Article 23.Waiver. Noact ofomissionorcommissionofeitherparty,includingwithout limitation, anyfailuretoexerciseanyright,remedy,orrecourse,shallbedeemedtobeawaiver, release,or modificationofthesame. Suchawaiver,release,ormodificationistobeeffected onlythrough awrittenmodificationtothisAgreement. Article 24.GoverningLaw. This Agreement shallbe construed inaccordancewiththe Lawsofthe State ofFlorida. Article 25.JurisdictionandVenue. Venue foranyactionbroughtinstatecourtshall bein Pinellas County. Venueforanyactionbroughtinfederalcourtshallbeinthe MiddleDistrict ofFlorida,TampaDivision,unlessadivisioniscreatedinSt.Petersburgor PinellasCounty,in whichcasetheactionshallbebroughtinthatdivision. Eachpartywaives anydefense, whetherassertedbymotionorpleading,thattheaforementionedcourtsarean improperor inconvenientvenue.Moreover,thePartiesconsenttothepersonal jurisdiction ofthe aforementioned courtsandirrevocablywaiveanyobjectionstosaidjurisdiction. Article 26.Survival. Allobligations(includingindemnityobligations)orrightsofany partyarising duringorattributabletotheperiodpriortoexpirationorearlierterminationof thisAgreement shallsurvivesuchexpirationorearliertermination. Article 27.PublicRecords/Student Records. TheprovisionsofChapter119,Florida Statutes,the FamilyEducationalRightsandPrivacyAct,andSection1002.225,Florida Statutes,shallapplyto thisAgreement. Article 28.Binding Effect. Thiswriting,togetherwiththeexhibitshereto,constitutes theentire agreementbetweenthePartiesandshallinuretothebenefitoftheirrespective successorsand assigns. Article 29.NoThirdPartyBeneficiary. PersonsnotapartytothisAgreementmaynot claimany benefithereunderoras thirdparty beneficiaries hereto. Article 30.Headings. Theparagraphheadingsareinsertedhereinforconvenienceand reference onlyandinnowaydefine,limit,orotherwisedescribethescopeorintentofany provisions hereof. Article 31.Understanding and DraftingofAgreement. The parties hereto, and each of them, further represent that they have carefully read this Agreement, have consultedwith their [GM14-1721-003/166562/5]Page 16of 25 own legal counsel, know and understand the contents of this Agreement, and that each party hereto signs this Agreement freely, voluntarily, and with a full understanding of its terms. This AgreementhasbeendraftedandnegotiatedbytheCity andCollegeandthesameshallnotbe construedagainsteitherparty. Article 32.EntireAgreement. ThisAgreement, alongwithallexhibitsandother documents incorporatedherein,constitutestheentireagreement betweenthePartiesandno changewill be validunlessmadebysupplementalwrittenagreementexecutedbybothParties. Article 33.Severability. ShouldanysectionorpartofanysectionofthisAgreementbe rendered void,invalid,orunenforceablebyanycourtoflaw,foranyreason,sucha determinationshall notrendervoid,invalid,orunenforceableanyothersectionoranyother partofanysection of thisAgreementprovidedthattheParties continuetoenjoytheintended benefitsforwhichthey enteredintothisAgreement. [This section is intentionally left blank; signature page follows.] [GM14-1721-003/166562/5]Page 17of 25 INTERGOVERNMENTAL AGREEMENT CITY OF CLEARWATER, for and on behalf of the Clearwater Public Library System and ST. PETERSBURG COLLEGE BOARD OF TRUSTEES, for an on behalf of St. Petersburg College-Clearwater Campus INWITNESS WHEREOF,thePartieshavecausedthisAgreementtobeexecuted by their dulyauthorized representatives onthedatefirstabovewritten. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk WITNESSES: (as to College) THE BOARD OF TRUSTEES OF ST. PETERSBURG COLLEGE By: _________________________________ Approved as to William D. Law, Jr., Form and Content [GM14-1721-003/166562/5]Page 18of 25 College President and Secretary of Board of Trustees _________________________ Suzanne L. Gardner General Counsel [GM14-1721-003/166562/5] Exhibit A –Amortization Table [GM14-1721-003/166562/5] Exhibit B –Site Plan [GM14-1721-003/166562/5] Exhibit C –Equipment List [GM14-1721-003/166562/5] Exhibit D -Furnishings, Fixtures and Equipment Contributed by the City [GM14-1721-003/175090/1] Date Filed with the Pinellas County Clerk’s Office: AGREEMENTFORTHEOPERATIONOF THESHAREDUSECOMMUNITYLIBRARY LOCATEDONTHEST. PETERSBURG COLLEGECAMPUS AT2465 DREW STREET, CLEARWATER, FLORIDA ______________________________________________________________ Between CITYOF CLEARWATER, forand on behalfofthe Clearwater Public LibrarySystem and ST. PETERSBURG COLLEGEBOARD OF TRUSTEES, forand on behalfofSt. Petersburg College—Clearwater Campus [GM14-1721-003/175090/1] OperationsAgreementTableofContents ARTICLE1 GENERALPROVISIONS .........................................................................4 1.1EffectiveDate ..........................................................................................................4 1.2EffectofHeadings ...................................................................................................5 1.3Term ........................................................................................................................5 1.4LimitationsofUse ...................................................................................................5 1.5TitletoImprovements ..............................................................................................5 1.6GrantofRighttoUse ...............................................................................................5 1.7LibraryName ...........................................................................................................6 1.8SpecificDefinitions .................................................................................................6 1.9Authority .................................................................................................................6 ARTICLE2 MISSIONSTATEMENT ...........................................................................6 ARTICLE3 GOVERNANCEANDUSEOFTHECOMMUNITYLIBRARYBUILDING ..6 3.1IntegratedUseand Staffing .....................................................................................6 3.2LibraryBuilding ......................................................................................................7 3.3SpaceDesignationandAllocation ...........................................................................7 3.4Interior and City-exclusive ParkingSpace ..................................................................8 3.5UseoftheRoof ........................................................................................................8 3.6SeparateJurisdictionandIdentity ............................................................................8 3.7DesignatedCo-Managers .........................................................................................9 3.8 Operational Steering Committee Team .................................................................10 3.9ExecutiveCommittee ............................................................................................11 ARTICLE4 LIBRARYOPERATIONS .......................................................................12 4.1TheCollection .......................................................................................................12 4.2LendingPolicy .......................................................................................................12 4.3CollectionofFines .................................................................................................13 4.4ElectronicMaterials ...............................................................................................13 4.5IntellectualFreedom ..............................................................................................13 4.6IntegratedLibrarySystems ....................................................................................13 4.7LibraryPrivileges ..................................................................................................13 4.8ComputerUse ........................................................................................................14 4.9LibraryPrograms ...................................................................................................14 4.10ServiceMarksandTrademarks .............................................................................14 4.11AncillaryFunctions ...............................................................................................14 4.12Concessions ...........................................................................................................14 ARTICLE5 RESPECTIVEDUTIESANDRESPONSIBILITIES ..............................14 5.1Definitions .............................................................................................................14 5.2GeneralStatementofSiteResponsibility;CostSharingandReimbursement .......15 5.3AppearanceoftheSite ...........................................................................................16 5.4RoutineServicesandMaintenance;ReimbursementandCostSharing ................16 5.5LiensandEncumbrances .......................................................................................18 [GM14-1721-003/175090/1] 5.6StorageofHazardousMaterials .............................................................................18 5.7Contents .................................................................................................................19 5.8NamingRights .......................................................................................................19 5.9Advertising ............................................................................................................19 5.10Security .................................................................................................................19 ARTICLE6 DISPUTESANDDEFAULTS .................................................................20 6.1DisputeResolution ................................................................................................20 6.2WithdrawalfromAgreement .................................................................................20 6.3Default ...................................................................................................................20 6.4NoticeofDefault;Cure .........................................................................................21 6.5Remedies ...............................................................................................................21 6.6DefaultProcedures .................................................................................................22 ARTICLE7 INDEMNIFICATIONANDINSURANCE .............................................22 7.1Indemnification .....................................................................................................22 7.2Self-Insurance .......................................................................................................22 7.3InsuranceCoverage ...............................................................................................25 7.4LiabilityClaims .....................................................................................................25 ARTICLE8 STANDARDTERMSANDCONDITIONS ............................................25 8.1Successors,Assignment .........................................................................................25 8.2Integration .............................................................................................................25 8.3VoluntaryAgreement ............................................................................................26 8.4PublicAgencyAuthority .......................................................................................26 8.5Notices ...................................................................................................................26 8.6ApplicableLaw, Jurisdiction, and Venue ..............................................................26 8.7ApprovalofBudgetintoNextFiscalYear ............................................................27 8.8 Public Records/Student Records ............................................................................27 8.9Nondiscrimination .................................................................................................27 8.10Amendments ..........................................................................................................27 8.11 Exhibits ..................................................................................................................27 8.12 Waiver ...................................................................................................................27 8.13 Survival .................................................................................................................27 8.14 Binding Effect and Entire Agreement ....................................................................27 8.15 No Third Party Beneficiary ...................................................................................28 8.16 Headings ...............................................................................................................28 8.17 Understanding and Drafting of Agreement ............................................................28 8.18 Severability ............................................................................................................28 4[GM14-1721-003/175090/1] OPERATIONSAGREEMENTFORTHESHAREDUSELIBRARYLOCATED ON THEST. PETERSBURGCOLLEGE—CLEARWATER CAMPUSAT2465 DREW STREET, CLEARWATER, FLORIDA (“AGREEMENT”) THISOPERATIONSAGREEMENT(“Agreement”)isenteredinto betweenthe CityofClearwater, a municipalcorporation(“Cityor Party”)on behalfof the ClearwaterPublic Library System(“CitySystem”),andtheSt. Petersburg CollegeBoard of Trustees(“Collegeor Party”), a political subdivision of the State of Florida, on behalfofSt. Petersburg College—Clearwater Campus, (collectively, “Parties”). RECITALS WHEREAS,on_____________, 2016theCityandCollegeentered intoanIntergovernmentalAgreement(“Intergovernmental Agreement”) tojointly plan,designandconstructashareduselibrary(the“Library”)tobelocatedonthe College’s Clearwater campusat2465 Drew Street, Clearwater, Floridato providecost-effective,enhancedservicesforboththegeneralpublic andcommunitycollege students;and WHEREAS,that Intergovernmental Agreement is incorporated herein by reference; and WHEREAS,theParties are authorized to enter into this agreement, pursuant to section 163.01, Florida Statutes; and WHEREAS,CollegewillownandmaintaintheLibraryupon completionandtheCitywillhaveanon-exclusiverighttousethe Libraryaswellas sharedspaceintheexterioroftheLibraryincluding parkingfora termspecifiedin this Agreement;and WHEREAS,thePartiesenterintothis operations agreementtobetter definetheir respectivedutiesandresponsibilitiesregardingtheuseandoperationofthe Library upon completion; and NOW,THEREFORE,inconsiderationofthemutualpromisesherein,the Parties agree asfollows: ARTICLE1 GENERALPROVISIONS 1.1 Effective Date ThisAgreementiscontingentuponapprovalofthegoverningbody ofeachParty.This AgreementwillbecomeeffectiveuponsubstantialcompletionoftheLibrary.The Collegeshallberesponsibleforrecordingthis AgreementwiththePinellas County 5[GM14-1721-003/175090/1] Clerk’s Office. 1.2 EffectofHeadings TheheadingsortitlesoftheseveralarticlesandparagraphsinthisAgreementare solelyforthe convenienceofreference.They shallnotcontrol,affect,modify,amendor changethemeaning or construction ofanytermorprovision containedinthis Agreement. 1.3 Term The term of this Agreement shall commence upon the Effective Date and expire thirty (30) years after the date that the Library first begins to provide library services to the public (“Initial Term”). The parties may extend the Agreementfor two optional ten (10) year terms (“Renewal Terms”) through a written amendment signed by authorized representatives of both parties as provided in paragraph 8.10. On the terminationor expiration of this Agreement, the Library will cease to be a public library, and the College shall not be obligated to operate it as one. 1.4 LimitationsofUse BothPartiesagreeandpromisethattheLibraryandthelanditwilloccupywillbe usedonlyas a joint academic and community public library consistentwith themissionoftheCityandCollegeforaslongasthis Agreement remains in place. NeitherPartyshallallowanyuseoftheLibraryforanypurposeoractionthat maycompromisethemission of either partyor this Agreement. If this Agreement is terminated by the College without cause prior to the expiration of the initial term,or if the City terminates this agreement for-cause,the City is entitled to a refund of any design and construction costs paid to the College up to the date of termination, in the manner detailed in Article 2, paragraph D of the Intergovernmental Agreement. 1.5 Titleto Improvements SubjecttothetermstothisAgreement,titletoandownershipoftheLibraryand improvements toitshallbeand remain thesole propertyofthe College. 1.6 GrantofRightto Use 1.6.1 The College grantstotheCitythenon-exclusive,irrevocablerightto usethe City-dedicated ProgramSpace and associated Shared Space/Common Area of the Library. 1.6.2 The College grants the city exclusive, irrevocable right to utilize_____________square feet of City-designated Space and a non-exclusive, irrevocable right to utilize __________square feet of Shared Space inthe Library building. Further, the City shall have the exclusive right toeighty(80) parking spaces that are located near theimmediate vicinity of the Library, and such parking shall meet the City’s requirements,as approved by the College. 6[GM14-1721-003/175090/1] 1.7 LibraryName IftheParties’respectivegoverningboardsapproveofthisOperatingAgreement,the nameofthe Libraryshall bedecided in accordance with the College’s Rule on Naming of College Facilities and the City’s Library Donor Naming Recognition Policy, as set forth in Article 3.A. of the Intergovernmental Agreement executed by the Parties on ___________, 2016, and in accordance with paragraph 5.8, herein 1.8 Specific Definitions As usedinthis Agreement,thefollowingterms have the followingmeaning: 1.8.1 “Collection”meansallmaterialssuchasbooks,magazines,microfilm, electronic resources,andothersuchmaterials,acquired,throughcontributionbyaParty forthe Libraryforeducationalorrecreation purposes(“Collection”). 1.8.2 “Library”meansthelibraryoperatedinthelibrarybuildingbythe City and the Collegepursuantto the terms ofthis Agreement. 1.8.3 “Contents”meansallpropertywithintheLibrarywhichisnot permanentlyfixedtothebuilding’sstructure,suchascarpeting,furniture,and computers,but excludesthe Collection andSpecialContents. 1.8.4 “SpecialContents” means specialexhibits,fine arts,and anyotherspecial item identified andagreed uponbythe Cityandthe Collegeto be located in the Library. 1.8.5 “City-dedicated Space” means space generally reserved for the City’s exclusive use.. 1.8.6 “College-dedicated Space” means space generally reserved forthe College’s exclusive use. 1.8.7 “Shared Space” means all space not designated College-dedicated space or City-dedicated space. Shared Space includes “program space” which generally means library/study space, nonvocational laboratory space, audio visual space, auditorium/exhibition space, student services space, office space, and support services space. Shared Space also includes “common areas” which generally means space for electrical, mechanical and HVAC equipment, general circulation include stairs and elevators, student sanitation, staff and public sanitation, custodial, interior and exterior walls, open malls and under roof overhangs. 1.9 Authority As required bythelawsand policiesthatgovern eachParty, the CityCouncilofthe City of Clearwateris the governingboard relatingtothe City’s decisions, budgetingand expenditures,andthe Board of Trustees of St. Petersburg College is the governingboard relatingtothe College’s decisions, budgeting and expendituresunderthisAgreement, 7[GM14-1721-003/175090/1] notwithstandingthe creation underthis Agreementofajointmanagementstructure. The authorityofeach Partyto budgetannuallyispreserved, as specifiedin Paragraph8.7. ARTICLE2 MISSIONSTATEMENT Through its information resources and services, accessible facilities, technology and professionally trained staff, the Library will support teaching and learning, cultural enrichment, increased opportunity, knowledge creation, and recreation of St. Petersburg College and the greater Clearwater community. ARTICLE3 GOVERNANCEANDUSEOF THECOMMUNITYLIBRARYBUILDING 3.1 Integrated Useand Staffing 3.1.1 TheLibrarywillserve as an integrated use community library. Both parties will jointlyoperatethe Librarysubjectto the terms and conditions ofthis Agreement. ThePartiesfullycommittothe philosophyofa shareduse community library.Itistheintentof each Partyto hire orassignemployees to staffthe Librarythat understandand share such acommitment,and who willserve theclientele ofthe Library withoutany outward appearance ofservingseparate employers. 3.1.2 Atalltimes duringthis Agreement, individuals assigned to staffthe Librarywillbeemployees ofthe Partythathired them, and thoseemployees willbe subject solelyto the payscales andemployee benefits oftheemployingParty. To ensure compliance by each Partywith laws and regulations relatingto employment, the Parties mayattheirdiscretion,each conductan annualemploymentauditoftheirstaffworking in the Library.Each Partyagreestoensurethatits supervisors workingin the Library havebeentrained on and are knowledgeableaboutissuesrelatingtojointemployees, and are awarethattheymust avoid, where possible,creatinga situation in whichajoint employmentissue may arise. 3.1.3 Each Partywillprovide professionalstafftrained and knowledgeable aboutthe learningresources, information,media materials andservicesrequiredforthe clientele ofthe respective Parties. 3.1.4 TheParties willprovide cross-trainingoftheirrespective stafftoensure all staff have a comprehensive overview of the Library’s operation. All staff in joint or shared use areas, such as circulation, will be trained to provide seamless service to both college and public users. Certain functions performed by staffwithin the Library may from time to time be functions that the Co-Managers determine shall be the shared responsibility of the City and the College. Additionally, the College shallprovide library personnel up to a total of 80 hours perweek, which may be provided byone or two full- time positions,or a combination thereof, for the purpose of accomplishing joint or shared functions of the Library, including, but not limited to,reference and circulation services. The Co-Managers shall review and periodically revise their staffing plansas deemed necessary and in accordancewith paragraph 3.7of this Agreement. 3.1.5 Because minors willbe usingthe Library,each Partymustrequire a Level 2 background checkon eachofits employees whoprovide services withinor 8[GM14-1721-003/175090/1] immediatelyaround the Libraryand who mayhave directaccess tominorsand students. 3.2 LibraryBuilding 3.2.1 The Collegewill own the Library, and thelandon which itsits aswellas theinfrastructureand facilitiesthatsupportit,theCollectionsthatithas purchasedor willpurchase withitsown funds and the Contents.Likewise, the Cityshallown the Collectionsand Special Contentsthatithaspurchased orwill purchaseand housesinthe Library. Upon expirationoftheTermoraRenewalTermunderParagraph 1.3, the City shallbeentitled to remove the Collections and Special Contents itpurchased or contributed. 3.2.2 Unless restricted by law or contract, each Party’s Collections inthe Librarywillgenerallybeavailableto alllibrarypatrons. 3.2.3 The Library shall be open a minimum of six daysa week, with the exception of weeks that contain holidays or are between academic sessions as determined by the College’s Academic Calendar. The Parties shall mutually develop a plan for establishing operational hours of theLibrary, to includeevening and weekend hours,during which the Library shall be staffed by employees ofthe City and College. The hours of operation shall be reviewed and adjustedbymutual agreement of the Co- Managers and the Operational SteeringCommittee in accordance with paragraphs 3.7 and 3.8, herein. 3.3 Space Designationand Allocation TheParties,through the Operational Steering Committee (“Operational Committee”) describedin Paragraph 3.8, shallwork withthe design consultantduringdesign ofthe Libraryto designatethe functionsof specific spaces within the interiorofthelibrary, and neededinfrastructure.TheOperational Committeeshallalso beresponsible forreviewing the function of spaceon an on-goingbasis, and recommendingto the Executive Committee waysto achieve effective useoftheLibrary. 3.4 Interiorand City-exclusive Parking Space 3.4.1 Theinteriorofthe Libraryshallgenerallybe sharedspace to be used freelybyboth Parties, but the parties understand that the City is receiving __________ square feetwhich includes City-dedicated Space and the City’s proportionate share of the Shared Spacewithin the Librarywhich shall not exceed 45,000 square feet. 3.4.2 At minimum, eighty(80) City-exclusive parking spaces will be located near the immediate vicinity of the Library building, and such City-exclusive parking shall meet the City’s requirements,as approved by the College. City patrons shall be required to use the City-exclusive parking spaces before non City-exclusiveparking spaces. 3.5 Use ofthe Roof Eitherpartymayrequestthrough the Operational Committeethatitbe permittedto purchasetelecommunications antennas, microwave orsatellite dishes orother communications equipmentforinstallation on the Libraryroofforthe benefitoflibrary 9[GM14-1721-003/175090/1] clientele. Placementofthe equipmentontheroofissubjecttorequired government approvals atthe cost and expenseofboth Parties, suchexpense subjecttothe Parties’ respective CostSharing Percentages.The Parties willbearthe costofroutine maintenance ofthe equipmentbasedon theirCostSharingPercentages. Before any equipmentisinstalled,the Parties and the Library’sproperty insurer(s)orother consultant(s)shallapprove the plansandmethods foranyaesthetic, structural, safetyor technologicalconcerns.The Partieswill notunreasonablywithholdtheirapproval. 3.6 SeparateJurisdiction andIdentity 3.6.1 Each Partyshallmaintain sole authorityoverthose non-libraryspecific activities thatare relatedtotheoverallmanagementand administration oftheir operations ofwhich the Libraryis apart, such asbudgeting, human resources,and procurement, subjectto theterms andconditionsofthis Agreement. Additionally, each Partyshallfollowits own processes forthoseactivities, subjectto the terms and conditions ofthis Agreement.The Parties agree toprovidenoticetoeach otherpromptly ofanyofthose activitiesthatmightmateriallyaffectorimpairthe operation ofthe Libraryas describedinthis Agreementorasa full-service libraryforthe public and the College. 3.6.2 TheCo-Managers, asdefined in Section3.7, shalldetermine those functions within the Librarythatthe Parties willjointlyoperate, such ascirculation and meeting space, and shall mutually develop and implement policy and procedure accordingly. 3.6.3 Each Partyshallcoordinateanyuse bythird parties ofthe Library through the Operational Committee, whichwillthendevelop athird-partyusepolicythatis consistentwiththose ofthe City and the Collegeforits other buildings.The Parties shall jointlyagreeto thethird-partyusepolicy inadvanceof any third party use. Fundraising orsocialevents sponsored bythe College, the Cityorby entitiesrelatedto eitherthe College orthe Citywillnotbesubjectto the payment ofrentalfees solongastheuse is notcontinuous forthose typesofactivities duringany year.Ameeting room, within the SharedSpace,will be available for thirdpartiesthat choose to utilize such space for informative or cultural programs that are free to the public, and pursuant to the City’s library policy, such third parties will not be subject to the payment of rental fees for the use of such space. The Collegemay elect to charge rentalfeesincompliance with its use facilities use policy. 3.6.4 Sincethe Libraryis a buildingowned bythe College, the College’s policies and administrative regulations and requirements for timely reportingthatrelate to itsproperty, such asrestrictions on smoking,solicitation,and child welfare applyto the useofthe Library.Children(age 17 or under)may utilize the Library, so long as their conduct and supervision meets with the College’s policies, operational procedures, and administrative regulationsof the College and the Library. 3.6.5 Anyand allmonies provided tothe Citybyorthrough the Clearwater Library System Foundationoranythird party, such as the Clearwater Friends of Library,shallbeforthesole use and benefitofthe Cityand are notsubject to this Agreement.Likewise, anyand allmonies provided tothe College or SPC Board of Trustees by or through the SPC Foundation, Inc.,oranythird partyshallbeforthe sole 10[GM14-1721-003/175090/1] useand benefitoftheCollegeand are notsubjecttothis Agreement. 3.7 Designated Co-Managers The College and the City shalleachselecta persontoserve onits behalfas a co-manager ofthe Library(“Co-Managers”).The Co-Managers willestablish and communicate library operationalprocedures andprotocols as wellas manage theoperations ofthe Library. In the eventofapermanentvacancyin the positionofone oftheCo-Managers, a representative ofthe otherPartyorhis orherdesigneemayserve ona selection committee asa resourceforthe Partyfillingthe vacancy. Both Partiesrecognize thatany hiringdecisionisthe sole and exclusive decisionofthe PartyemployingthatCo- Manager.Theresponsibilities ofthe Co-Managers or theirdesignees includethe following, inadditionto otherresponsibilities as may be specified in this Agreement: 3.7.1 When practical to both Parties,jointlydevelopa coordinated plan for publicizingscheduledevents,programs and servicesto be adoptedand followed by both Parties; otherwise, each party will individually plan topublicize scheduled events, programs, and services on its own; 3.7.2 Provide, atthe requestofthe otherParty, a staffmemberto serve on any selectioncommitteeoftheotherPartyto selectneworreplacementstaffforlibrarians and other professionalstaff,recognizingthatthe hiringdecision is solelythatofthe hiringParty; 3.7.3 Supervisetheirrespective staffand agree on supervisoryand communication procedures,includingdelegation procedures, inthe eventofone Co- Manager’s absence; 3.7.4 Jointlyschedule staffto ensure adequateservice coverage in the Library basedon the hoursthe Libraryis open,includinga staffingplan forall libraryfunctions foreach year; 3.7.5 Periodicallyupdate the staffingplan toreflectthechanges in position assignments between and within programs and functions, andto ensure thatthework schedulesof employees in allpositionsare maintained on acurrentbasis andprovided to theappropriate employees and supervisorsas necessary; 3.7.6 Discuss andidentifyfactorsthatare importanttothe mission ofthe Libraryforevaluatingthe performance oftheindividuals assignedto workatthe Library, recognizingthateach Partywillevaluateits employees usingits own required forms and procedures, and thatdecisions relatingtoevaluation and discipline arethe sole responsibilityof the Partythatemploys the individual; 3.7.7 Identifythelibraryfunctions thatthe Parties willjointlyperformand establish benchmarks, procedures and guidelinesforthosefunctions; 3.7.8 Jointly assess and recommend Deferred Maintenance,Capital Improvements and CapitalRepairs(asdefinedin Paragraph 5.1)programforthe Library and make recommendationstothe Operational Committee,asdeemed necessary; 11[GM14-1721-003/175090/1] 3.7.9 Develop anyremodelingideas and recommend themto the Operational Committee; 3.7.10 Serve onthe Operational Committeetooversee managementand operations ofthe Library; 3.7.11 Actasthelead pointofcontactforeach Party, and assume day-to-day responsibilitytotheleadership ofboth Parties concerningthe operation andmanagement of the Library; 3.7.12 Resolve disagreementsanddisputes referred tothembythe Operational Committee;and 3.7.13 EnsurethatthestaffoftheLibraryis cross-trainedandtrained inthe policies and procedures ofthe Library, andthatthe staffattendsappropriate meetings and trainingsessions. 3.8 Operational Steering CommitteeTeam An Operational Committeeshallbeestablished andcomprisedofthe Co- Managers, the Clearwater Library Director or his/her designee and theCollege’s Director ofLearning Resources or his/her designee. Theresponsibilitiesofthe Operational Committeeshallbeasfollows: 3.8.1 Meetmonthlyduringthefirstyearofthe Libraryoperations,atleast quarterlythereafterand atsuch othertimes deemed necessarybythe Operational Committee; 3.8.2 Discuss the mutualneeds and goals ofthe College and the Cityas they relate tothe Library; 3.8.3 Fosterand developanintegrated libraryoperationby drafting an Integrated Procedures Manual that willaddress policies, procedures, and day-to-day matters regarding the Librarywithapprovalof such Integrated Procedures Manual or subsequent modificationsfrom the Executive Committee. Such Integrated Procedures Manual shall include, but not be limited to,policy, protocol and procedures related to public meeting space and scheduling, facility use and accessibility policies, computer usage policy, security protocols,printservicesand copyright policies, and shared technology policies; 3.8.4 Recommend the days and hours ofoperation forthe Librarytothe appropriate entityorentities withineach Partythatareresponsibleforapprovingthose operationalissues, ifapplicable; 3.8.5 Recommend lendingproceduresappropriateto the operation ofthe Library; 3.8.6 Attempttoresolve disputesand disagreementsthatmayarise underthis Agreementorduetoinconsistenciesbetweenthe policies ofthe Collegeand the City as tobookand materialloans, returns and renewals,staffing, and access to Library 12[GM14-1721-003/175090/1] Collections,computers, theinternetand otherservices,formembers ofthe generalpublic and the college community; 3.8.7 Recommend, bydates thatpermiteach Partytocomplywith its budgeting process,an annualoperatingand capitalbudgetfortheLibrarytothe Executive Committee; 3.8.8 Develop animmediatecommunications planforroutine and non-routine events thatintegrate withthatoftheLibrary,includingdevelopingproceduresfor compliance withthe Library’s EmergencyOperations Planand the College’s Emergency Management Planand operational continuity protocols;and 3.8.9 Reviewremodelingrecommendationsofthe Co-Managers andforward any approved recommendationsthrough each Party’sprocess forfundingand final approvalofsuch recommendations. 3.9 Executive Committee 3.9.1 The SPC Clearwater Campus Provost andClearwater’s Assistant City Managershallserveon, andcomprise, the Executive Committee. 3.9.2 TheExecutive Committee shallmeetannually for the first three years of the initial term of the Agreement and may meetas-needed during the remaining portion of the initial term or renewal terms to discuss otherissues as determined bythe Parties. 3.9.3 TheExecutive Committee shallmeetas-needed toresolve disputes and disagreements referred toitbythe Operational Committee,in the eventthe members of that committee are unable to reach aconsensus, and to approve the Integrated Procedures Manual and any subsequent changes to such Manual. ARTICLE4 LIBRARYOPERATIONS 4.1 TheCollection 4.1.1 Themembers ofthe generalpublicand users connected tothe College shallhave therightto on-siteuseofthe Collection.The Collectionshallbe of sufficientscope and currencytoserve the greaterClearwaterarea as wellassupport specific needs ofCollege. 4.1.2 Each Partyshallown thatpartofthe Collectionthatitpurchases usingits own funds.Ifthe Parties determinethatitis necessaryto purchase anyCollection materialsjointly, theyshallconfer, before makingthe purchase, withtheirrespective Finance and Risk-management Departments to ensure thatanyjointly-owned property willbe properlyinventoried and valued. 4.1.3 Each Partyshallretain the righttoselectmaterials forthe Collection appropriate to itsspecificclientele whouse the Library, and shallberesponsiblefor selectingthe Collection materialsthatbestmeetthe needs ofitsconstituencywithin the dollarsthateach Party has separatelybudgetedand available. 13[GM14-1721-003/175090/1] 4.1.4 Each Partywillhave a written collectionsdevelopmentpolicy. The policy will establishclearguidelinesforthe types ofmaterialsto be acquired, acquisition priorities, procedures, processingforleasingand rentalofmaterials, challenge and withdrawalas wellas disposition ofmaterialsandthe processes and procedures, ifany, forthe imposition and enforcementofpenalties,fees orfines, if any,forthe delinquent return ofmaterials orloss ofordamage to materials. 4.1.5 Each Party, through its respective Co-Manager,shallretain the rightto establishrules and procedures regardingthe on-site use ofthatpartofthe Collection that itowns. Additionally, each Party, through its Co-Manager, shallbe allowed to setits own off-sitelendingpolicies forcertain materials inthe Collection. 4.1.6 Regardingits materials, each Party, through its respective Co-Manager, shallretain the right to discontinueanyperiodicals,reducethatportion ofthe Collection thatitowns,repairits books, discontinuelendingcertaintypes ofits materials (for example, videos)andreclassifyorcatalog them. 4.1.7 Each Party shall catalog itsown Collection pursuant to its own cataloging systemand will participate in its own separate integrated library system (“ILS”). The parties understand that there will not be completely integrated Collection amongst the parties; however, to the extent possible, both parties will work toward sharing information and creating as much transparency as possible between the two catalogs and ILS’s. Each party understands that it will be separately responsible for maintaining its own Bibliographicrecords, borrowerrecords,anditemrecordsin the standard manner utilized by each respective party. 4.2 LendingPolicy The College andthe Cityshalladhereto its respective lendingpoliciesforeach Collection.Theterm “lendingpolicy” shallmean allpolicies, rules andregulations promulgated byeitherParty regardingthe off-site use ofany materials within the Collection. Suchlendingpolicyshall include, withoutlimitation,thetime periodfor suchoff-site use,earlyreturn policies, reserve policies,the amountofanylate fines, and thenumberofmaterials thatcan be borrowed atone time bya single borrower. 4.3 Collection ofFines TheCo-Managers willestablish a procedure forthe collection offines andforthe distributionor use ofanymonies collected. 4.4 ElectronicMaterials When negotiatinglicenseorotheruse agreements forelectronically-availablematerials, both Partiesshallattempttonegotiateforthe benefitofalllibraries within each Party’s librarynetwork as longas suchnegotiations do notresultin thatParty’s incurring additionalcosts.Under circumstances where a Partyis notableto negotiateuse beyond its ownclientelewithout incurringadditionalcosts,thatPartyshallhave the rightto restrictaccessto thosematerials so as notto violatethelicense oruse agreement. 14[GM14-1721-003/175090/1] 4.5 IntellectualFreedom Itis theintentoftheCollegeand theCitytocontinue to honorthecurrentpolicyofboth the Collegeand the Cityto provide accesstoallservices and materials. Iflaws or ordinances are passed thatrestrictoneorboth ofthe Parties’abilityto provide services, orifa Partyimposes rules, policies orregulations thatrestrictaccessforcertain groups ofusersto materialwithinthe Collection oreitherParty’ssponsoredservices or programs, each Partythrough itsCo-Manager agreesto promptlynotifythe otherParty. Upon notification,the Parties,through theirCo-Managers, willmeetand mutually establish a policytoaddresstheissue. 4.6 Integrated LibrarySystems Each respective party will be responsible for purchase and maintenance of its own ILS. To the extent possible, both parties’ ILS will be accessible from computers and equipment throughout the Library. The College will ensure, to the best of its ability, that its ILS technology or ILS-related technology upgrades work with the City’s technology. The City also utilizes RFID technology and will provide the sorting equipment and technology that supports only the check-in and –out and security for the City’s Collection. If the College adopts RFID technology while this Agreement is in place, the City will, to the best of its ability, attempt to have its RFID technology work with the College’s. 4.7 LibraryPrivileges Members ofthe general public andthe College’s students and faculty shallhave access to theShared Space duringallhours thatthe Libraryis open; however, the general public and/or studentsand facultymay not have access to the City-dedicated or the College-dedicated Program Space, if such respective area is closed. The City and the College will work to provide whatever service is needed,in the event that the other is closed, and each Party reserves the right to adjust its hoursof operation and staffing. Each party will honor, to the best staffing and operational capacity, service to Library patrons when oneofthe Parties is closed pursuant to mutually agreed to accessibility rules. The Collegemaysuspend orrevoke studentlibraryprivileges for-cause, and City maysuspend orrevoke libraryprivileges ofthegeneralpublic for-cause,as determined intheirsole discretion. 4.8 ComputerUse Co-Managers shall establish proceduresforaccessto computers basedon the managementofaccessthat,to theextentfeasible, providesthe same accessto each Party’s clienteleastheyhave ateach Party’s separately-operatedlocations. Use of, and access to, computers shall be subject to the established computer usage policies and procedures of the Library and the College, and as incorporated into the Integrated Procedures Manual. 4.9 LibraryPrograms 15[GM14-1721-003/175090/1] The College and the Cityshalleachretainthe righttocreate, sponsorandoperate separatelibrary programs fortheirclientelewithin the Library. Each Partyshallbe solely responsible forfundingitsseparateprograms. The Partiesagree tocooperate in good faith with eachotherin facilitatingalllibraryprograms operated withintheLibrary. NeitherPartyshallhave the righttosponsoralibraryprogramthatimposes an unreasonable burden on shared costsofthe Parties orLibraryfacilities. 4.10 ServiceMarks andTrademarks NeitherPartyshalluse anyservicemarks, trademarks,logos orothermarks oftheother Party withoutthe express writtenapprovalofthe otherParty. The useofanymarksmust complywith the owner’s requirements,includingusingthe “circleR” indication ofa registered trademark. 4.11 AncillaryFunctions TheParties shallhave therightto provide separateservicestotheirclientelethatare ancillaryto the corelibraryservices, solongas theydo notburdenLibraryresources or costs. ARTICLE5 RESPECTIVEDUTIES ANDRESPONSIBILITIES 5.1 Definitions Forthe purposes ofthis Article, the followingdefinitions shallapply: 5.1.1 “Capital” means thatdollaramountatwhich each Partyconsiders an expenseto be capitalized anddepreciableforaccountingpurposes. 5.1.2 “CapitalImprovement” means a planned Capitalexpenditureto renovate or expandthe Site orthe Site’s infrastructure, includingmajorbuilding systems. 5.1.3 “CapitalRepair” means a planned periodic Capitalexpenditure that correctsa defectordegradation ofmajorbuildingsystems, siteimprovements, components,assemblies or capitalequipment. Itis asubsetofregularornormal facilitymaintenancethatrefers to costly repairs orthereplacement/rebuildingof majorfacilitycomponents. Forexample, roofreplacementattheend ofits anticipated usefullifeistypicallya CapitalRepairitem, while replacinga roofseveralyears after itsnormalusefullife isconsidereda DeferredMaintenance item. CapitalRepairdoes notinclude expansionorrenovation offacilities. 5.1.4 “Deferred Maintenance” means expenditures for repairs not accomplishedas a partofroutine maintenanceorCapitalRepairthathave accumulated to the pointwherefacility deterioration is imminentand could impairthe proper functioningoftheLibrary. DeferredMaintenance willgenerallyinvolve a Capital expense. 16[GM14-1721-003/175090/1] 5.1.5 “EmergencyMaintenance orRepair” means a suddenand unanticipated event thatcausesanimminentoractualsignificantpropertyloss, damage or deterioration tothe Site and thatrequires an immediateresponseandexpenditure, generallya Capitalexpense, toavoid dangertopersonsorproperty, orhindrance ofthe properfunctioningofthe Library. 5.1.6 “RoutineMaintenance” means the day-to-dayefforts to control deteriorationof facilities(up-keepexpenses)through scheduled repetitive activities (suchas cleaning), periodic scheduledwork(such asinspections and equipment adjustments)and minorrepairs made on an as-needed basis.RoutineMaintenance may ormaynotinvolve a Capitalexpense. 5.1.7 “Site” meansthe Libraryand the parkingspaces necessaryto meetthe City’srequirementsas approved by the College. 5.2 GeneralStatementofSiteResponsibility;CostSharingand Reimbursement 5.2.1 As the ownerofthe Site, the College shallbe solelyresponsible and authorizedto contractforand undertake CapitalImprovements, CapitalRepairs, DeferredMaintenance, EmergencyMaintenanceorRepairs orRoutine Maintenanceto the Site, exceptasspecifiedin this Paragraph.Anyofthose activities thatthe College undertakes ontherecommendation ofthe Executive Committee oraspartofthe College’sstandardsformaintainingitsfacilitiesshallbe fundedbythe Parties accordingto paragraph 5.4 herein. The Collegeagrees to useits best efforts to accommodate theCity’s recommended schedule as reflectedin ExhibitAorassuchis modifiedfromtime to time. 5.2.2 The College shallundertake EmergencyMaintenanceorRepairseither unilaterally orontherecommendationofthe Co-Managers and willrequestthe Executive Committee toratify anysuch actions.Upon ratification bythe Executive Committee, the College shall draw funds from the Operational Fund, as detailed in paragraph 5.4 herein, and this shall constitute the City’s full contribution to thecostofanysuch Emergency Maintenance or Repairs. 5.2.3 ForanyCapitalImprovements, CapitalRepairs,DeferredMaintenance, or Routine Maintenance the Collegeshallselectacontractorusingits competitive procurement process. ForEmergencyMaintenance orRepairs,the Collegeshallobtain competition totheextent itis practicable underthecircumstances. Forinstancesin which itis appropriate to obtainthe services ofa contractorthrough an existingjob order contract, eitherawarded byeitherPartyor byanotherFloridapublicentityand available throughcooperative purchasing, the College mayuse thatcontractinstead ofprocuring bids. 5.2.4 ForCapitalImprovementsrequested bythe ExecutiveCommittee, or Capital Repairs orDeferredMaintenancerecommended bytheExecutive Committee,the College shall draw funds from the OperationalFund, as detailed in paragraph 5.4 herein, and this shall constitute the City’s full contribution to the cost of any such Capital Improvement, Capital Repair, or Deferred Maintenance. 17[GM14-1721-003/175090/1] 5.2.5 ForRoutineMaintenance,the Collegeshalldraw from the Operational Fund and, as detailed in paragraph 5.4herein, this shall constitute the City’s full contribution to the cost of any such Routine Maintenance. 5.3 Appearanceofthe Site Duringthetermofthis Agreementand unlessthe Parties agreeotherwise,the Collegeshall keep the Site in goodrepair, operatingcondition, workingorder, and appearance, including withoutlimitation: 5.3.1 maintainingand keepingtheinteriorandexteriorofthe Site clean, painted andin good condition andrepair, reasonable wearandtearexcepted;and 5.3.2 operatingand maintaining(andreplacingas applicable)allparts ofthe Site,including,butnotlimited to,airconditioning, heating, plumbing, bathrooms, electricaldistribution systems, elevators, concretefoundation floors,roofs, building structure systems, fire alarm systems and parking;keepingthemin clean and good condition, reasonable wearand tear excepted. 5.4 Routine ServicesandMaintenance;Reimbursementand CostSharing 5.4.1 Unlessthe Parties determine otherwise,the Collegeshallbe responsible, through the SPC Board of Trustees, to provide orsecurethe services as neededto maintain andservice the Siteincluding, but notlimitedto,telecommunications, particularly providing for City-specific time clock and a method to direct City phone calls to City staff,janitorial, utilities,trash removal, landscape,electricaland heatingand airconditioningservices. 5.4.2 The City shall contribute with quarterly payments to an Operational Fund to be maintained and administered by the Collegein accordance with the provisions herein. The Operational Fund shall be used to cover 100% of the City’s share of costs for “Emergency Maintenance & Repair” & “Routine Maintenance,” as defined by this Agreement; janitorial services; utility services including electric, sewer/water, and gas; for “Capital Improvements;” “Capital Repairs;”and “Deferred Maintenance”as defined by thisAgreement. The City agrees tocontribute the following amounts to the Operational Fund: 5.4.2.1 A minimum of $_____________per year to the Operational Fund for maintenance of the City-dedicated Space and the City’s proportionate share (___%) of the Shared Space. This amount is based on $7.04per square foot of __________square feet. 5.4.2.2 After the first year of the Agreement, the College reserves the right to increase the City’s annual contribution toward the Operational Fund insubsequent years of the Agreement no more thana maximum of three percent(3%) over the previous year’s 18[GM14-1721-003/175090/1] contributionorbytheOperational Costs—New Facilities (OCNF)rateestablishedby the State of Floridafor that contract year, whichever increase amount is less.In the event that there is an OCNF decrease or no OCNFincrease, then there shall be no increase (0%) to the City’s annual contribution for that contract year. 5.4.3 Regarding the College’s obligations and contribution towards operational and maintenance costs, the College shall: 5.4.3.1Pay all construction costs for the project over and above the City’s contribution as described hereinor the Intergovernmental Agreement. 5.4.3.2Pay all costs over and above the City’s contribution as described herein for Emergency “Maintenance & Repair” & “Routine Maintenance” as defined by the Operating Agreement; janitorial services; and utility services including electric, sewer & water and gas. 5.4.3.3Pay all costs over and above the City’s contribution as described herein for “Capital Improvements” & Capital Repairs” as defined by the Operating Agreement. 5.4.4 The Collegeshallsecure otherservices thattheParties mutuallyagree are desiredor become necessaryto promote ormaintain optimaluseofthe Library. Such servicesincludethosethatareprovidedinthe interestof the health orsafetyofthe patrons, such as pestcontroloremergency medicalservices equipment.TheCollege shall draw the City’s shared cost of such other service from the Operational Fund, as detailed in paragraph 5.4.2 herein. 5.5 Liensand Encumbrances 5.5.1 Both PartiesagreethattheSiteshallbe keptfree andclearfromanyand all mechanics’and materialmen’sliens, claims and charges. To the extent allowable by law, each Partyshallindemnifyand holdthe otherPartyharmlessfromanyand allcost, expenses,claims, liens ordemands, including reasonable attorney’s fees,(collectively “costs”)arisingoutoforbyvirtue ofanynonpaymentof anyobligationsincurred bythe indemnifyingPartyrelatingto the Library. 5.5.2 Both PartiesagreethatthisAgreementand theirrespective interestsshall notbe subordinatedorsubjecttoanyencumbrances. 5.6 Storage ofHazardous Materials NeitherPartyshalluse orstore hazardous materials exceptforrequired cleaningsupplies orother necessarysubstances keptin reasonablynecessaryquantities fornormallibrary functions, providedsuchsubstancesshallbe storedin accordancewith allapplicablelaws and regulations. 5.7 Contents Before the Library opens, the Parties, through the Co-Managers, shallbe responsible for 19[GM14-1721-003/175090/1] providing theirown Contents to house in the Library. TheCityshall provide its own security for its Contents, and such security measures includecirculation RFID equipment, self-check machines, sorters, and security gates. The City shall be solely responsiblethe replacement and purchase of its contents, per City Council budgetary restraints. 5.8 NamingRights 5.8.1 Library Name. The College and the City shall, in good faith, mutually agree on the name of the Library. Any name of the Library shall be subject to the approval and guidelines of the City Council and the College’s Board of Trustees. The College’s Rule onNaming of College Facilities, located in the Board of Trustees Rules and College Procedures (http://www.spcollege.edu/central/botrules/#) and as amended during the span of this Operating Agreementand/or the Intergovernmental Agreement, is incorporated herein by reference. 5.8.2 Names of Allocated Space. The College and the City shall each retain the right to name spaces within the College-designated Space and the City-designated Space, respectively, subject to the reasonable approval of the other Party. 5.8.3 Names of Shared and Common Space. Either Party shall have the right to propose to the other Party names for any shared or common space within the Library. Such proposed names shall be submitted by the Party proposing such name to the other Party, and the Parties, each using their respective guidelines and procedures, shall decide whether or not to approve of such names. In the event the Parties do not agree as to any such proposed name, such shared space or common space shall not be named. 5.9 Advertising Exceptforroutine announcements regardingprograms and services, noformof publicity, advertising, orpromotion concerningthe Libraryshallbe issued byeither Party withoutthe priorwrittenconsentoftheotherParty, exceptas suchrelease or announcementmay be required bylaw,in which case the Partyrequired tomake the release orannouncementshall, to the extentpossible, allowthe otherPartyreasonable time tocommenton suchrelease orannouncementinadvance ofsuch issuance. 5.10 Safety or Security The College, atitssole expense, shallbe responsibleforsafety or securityservicesboth inside and outside the Library.EachPartyshallensurethatthe provideracknowledges andagreestocomplywith the College’s and the City’s Comprehensive Emergency Operations Manualand coordinatesdeliveryofitsservices with Clearwater’s Police Department, where necessary.The safety or security service providershallbe properly licensedandinsured. ARTICLE6 DISPUTES ANDDEFAULTS 6.1 Dispute Resolution 20[GM14-1721-003/175090/1] In the eventthatthe Executive Committee is unabletoreach a consensusregardinga dispute,the Executive Committee mayreferthe disputetothe Presidentofthe College or his orherdesignee and the City Managerorhis orherdesigneeforresolution.Disputes relatingtomatters ofthe City’sorCollege’spolicies orprocedures, orto the laws that govern each Party, mayrequirethatthe dispute be referred to eachParty’s governing board, which mayagree to submitthe dispute to some alternative disputeresolution process.Ifa Partybelieves thata disputeinvolves a default bythe otherPartyofthis Agreementora disagreementinvolvingthe interpretation ofa material provision ofthis Agreement, the procedures andremediesspecifiedin Article 6 apply.In all cases of disputes ordefaults underthis Agreement,theParties willfirstattempttoresolve differences,in good faith, betweenthemselves. 6.2 WithdrawalfromAgreement 6.2.1 ThePartiesrecognize thatthis Agreementrequires cooperation between the Partiesanda longtermfinancialcommitmentbyeach Party. Accordingly, withdrawalfromthis Agreementis a defaultasspecified in Paragraph 6.3.8. 6.2.2 Notwithstanding Section 6.2.1, if a Party’swithdrawal is due to budget reductions or program elimination during the Term, or any other reason mutually agreed to by the parties, the withdrawing Party shall give written notice as specified in this Agreement immediately on knowing that withdrawal is necessary, but in any event, no later than 180 calendar days before October 1st of the following fiscal year. If the College withdraws from or this Agreement is terminated, by the Collegewithout cause, or the City for-cause, then the College agrees to paythe City an amount equal to the unamortized design and construction funds provided to the College by the City, calculated as detailed in Exhibit A of the Intergovernmental Agreement, on the date of the termination, such unamortized design and constructioncosts to be determined by amortizing on a straight line basis over a thirty (30) year period commencing on the Operating Agreement commencement date. If the Operating Agreement is terminated during the span of an agreement year, then the amount of the City’s refund will be prorated for that particular agreement year. The baseline year shall be the first year of joint operation.If the Citywithdraws from orterminates the Operating Agreement without cause, the College may keep all funds paid toward the constructionand design of theLibrary, without any reimbursement to the City. 6.2.3 ThewithdrawingPartyshallbe entitledtoremove its Collectionand Special Contents. 6.2.4 Alternative to the option provided in 6.2.2, ifthe College is the withdrawingParty,the Citycan opt to enterinto aleaseforthe Libraryunderwhich the Citymaycontinue to operatethe building asa public library. While the Cityshall notpayrent,the lease willaddress issues suchas the terms underwhichthe City continues to usethe Contents, insuringthose Contents,andthe City’s reimbursement ofcosts relatedto maintainingand operatingthe Library. 6.3 Default 21[GM14-1721-003/175090/1] ”Without cause” withdrawal or terminationoccurs underthisAgreementas follows: 6.3.1 The City fails to payits quarterly payment into the Operational Fund, as required underthis Agreement; 6.3.2 The Collegefailsto performmaintenance orrepairsrequired underthis Agreement; 6.3.3 APartyfails tocomplywith anyothermaterialprovision ofthis Agreement; 6.3.4 APartyfails topayits respective share ofthe funds asprovidedforinthe Library ProjectBudget; 6.3.5 The College fails to pay all construction costs for the project over and above the Citycontribution as described in paragraph 5.4 herein; 6.3.6 The College fails to pay all costs over and above City contribution, as described in paragraph 5.4herein, for Emergency “Maintenance & Repair” & “Routine Maintenance” as defined by this Agreement; janitorial services; and utility services including electric, sewer & water and gas; 6.3.7 The College fails to pay all costs over and above the City’s contribution, as described in paragraph 5.4 herein,for “Capital Improvements” & Capital Repairs” as defined by the Operating Agreement; or 6.3.8 APartyunilaterallywithdraws fromthe AgreementduringtheTerm. 6.4 Notice ofDefault;Cure Ifa Partyfailsto cureits defaultwithin thirty (30)calendar days followingwritten notice fromtheotherParty, thatPartyshallbe considered in default. 6.5 Remedies Upon theoccurrenceofa defaultand untilthe defaultingPartycures it, the non- defaultingparty mayexercise all, anyoranycombination ofthe followingremedies,in anyorderand repetitively: 6.5.1 Thenon-defaultingPartymayperformanyofthe defaultingParty’s obligations underthis Agreementwithoutincurringanyliabilityto the non-defaulting Partyforanyloss or damage thatitmaysustainas aresult.The non-defaultingpartyshall be entitledto recoverallof itscostsand expensesincurredin connection with that performance, plusan administrative fee equaltotheprime ratetimes thetotalcostsand expenses, togetherwith interestattherate of10% peryearfromthe date thatthe non- defaultingPartypaid orincurred ituntilthe defaultingParty fullypays the costor expense. 6.5.2 Thenon-defaultingPartymaysuspendcertain privileges andservices providedto the defaultingPartyortowhichitnormallyhasaccess.In no event, however, 22[GM14-1721-003/175090/1] shallanyactive studentin good standingofthe Collegeora Citylibrarypatronin good standingbe denied admittance totheLibraryoraccess to anylibraryservicesasa result ofthe default. 6.5.3 Thenon-defaultingPartymaypursueanyand allotherremediesto which itmay be entitled atlaw,inequityorunderthe provisions ofthe agreement.Theserights and remedies areintended tobe and shallbe cumulative, andtheexercise orattempted exercisebythe non-defaultingpartyofa given remedyshallnotprecludeorlimitthe rightorabilityofthe non-defaultingPartyto exercise, atthe same oratanydifferent time, anyotherremedy orremedies. 6.6 DefaultProcedures Ifa Partydefaults underthis Agreement, the Parties may, with the approvaloftheprocess by theirgoverningboards,referthe mattertonon-bindingmediation.Theinitiation of non-binding mediationshallnotin anywayimpairtherightofthenon-defaultingParty to filea claimunder FloridaStatutesand the statuteof limitationsshallbetolledforthe periodfromthe date ofthe approvalofthe governingboards tomediateuntilthe datethat the mediationis complete.The non-defaultingParty, however,maystill opt toinstitute litigation withoutinstitutingnon-binding mediation.Legal expensesin the eventofany litigationinstituted byeitherthe Cityorthe Collegeagainstthe otherin anyway connectedwith this Agreementshall be covered by each respective party,and the successfulpartyto anysuchaction(whetherornot prosecutedtojudgment)shallnot recoverfromthe otherpartyattorney’sfees and court costs. ARTICLE7 INDEMNIFICATIONANDINSURANCE 7.1 Indemnification 7.1.1Each party hereto shall indemnify and hold harmless and defend the other party, their trustees, officers, agents, elected officials, or employees, from any and all liability, damages, cost, or expense any indemnified party shall become obligated to pay by reason of any claim, lawsuit, or judgment on account of injury to property or injury received or death suffered to persons, which is caused by the act or omission of any duty that the indemnifying party or their trustees, officers, agents, elected officials, or employees under this Agreement. This indemnification clause shall survive the expiration or earlier termination of this Agreement until all claims against the Parties involving any indemnified matters are resolved or barred by the applicable statute of limitation. 7.1.2All of the indemnification obligations of the College and City shall be limited to the extent permitted by law. Nothing in this Agreement shall alter the waiver of sovereign immunity or extend the College's or City's liability beyond the limits established in Section 768.28, Florida Statutes. 7.1.3Nothing herein shall be construed as consent by the City or College to be sued by third parties in any matter arisingout of this Agreement. 7.2 Insurance 23[GM14-1721-003/175090/1] 7.2.1It is understood that the City and the College shall, at each Party’sown cost and expense, acquire and maintain (and cause any contractors, subcontractors, representatives, or agentsto acquire and maintain) during the term of this Agreement, sufficient insurance, self-insurance, or a combination of self-insurance and excess insurance, to adequately protect the respective interests of the parties. Specifically both Parties shall carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 7.2.1.1 Commercial General Liability Insurance coverage in the minimum amount of $200,000 (two hundred thousanddollars) per occurrence and $300,000 (three hundred thousanddollars) general aggregate. Coverage should include but not be limited to, premises operations, products/completed operations, products liability, independent contractors, personal injury and advertising injury. 7.2.1.2 Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $200,000 (two hundred thousanddollars) combined single limit. 7.2.1.3Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’sLiability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, Public Entities, sub Public Entities, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies, and are subject to applicable changes, including changes in limits, by the Florida Legislature to the rules and provisions governing such coverage and to §768.28, Florida Statutes. 7.2.2In addition to coverage required in section 7.2.1 above,after the Certificate of Occupancy has been issued,the College shall acquire and maintain Property Insurance on the Library to repair, rebuild, or replace the Library to its original, new condition. In particular, the College shall acquire and maintain an “all-risk” type of insurance, including coverage for flood and other catastrophes. The policy shall cover the Library, appurtenant structures and outbuildings, improvements and alterations, fixtures, furnishings, equipment, and College-owned contents. The City shall acquire and maintain such Property Insurance or self-insure to cover 100% of the full replacement value of City- owned contents within the Library. 24[GM14-1721-003/175090/1] 7.2.3The College shall purchase and maintain, or cause the Construction Manager to purchase and maintain, Builder’s Risk insurance, property insurance written on an “all risk” policy form including coverage as detailed in section 7.2.2in an amount at equal to 100% of the estimated completed value of the project plus any subsequent modifications to that sum, and shall include property in transit and property stored on or off premises that shall become part of the project.Such Builder’s Risk insurance shall be maintained until the final payment has been made and the Certificate of Occupancy is received.In the eventofdamage to ordestruction ofthe Librarycaused bytheperils covered byinsurance,the proceeds thereof shall be applied to the reconstruction, repair, or replacement of the damaged or destroyed portion of the Library and/or fixtures and personal property of the Party whose insurance is providing the proceeds. The College shall begin such reconstruction, repair, or replacement promptly after such damage or destruction occurs and shall continue and properly complete such reconstruction, repair, or replacement so that same shall be completed expeditiously; the Library shall be free and clear of all claims and liens. Undernocircumstanceswill the Collegebe requiredto spend more fundson reconstruction, repairorreplacementthanthe proceedsitreceives frominsurance,exceptas providedin Paragraph 7.2.4. 7.2.4In the eventtheinsurance proceeds are notsufficienttocomplete reconstruction, repairor replacementofthe Library, the Partiesshall,through the Operational Committee, meetandconferwith representatives ofeach Partyto devise a planforaccommodatingtheirclientele through a buildingthatissmallerin size or providesfewerservicesthan the originalbuilding, ortoestimate the additionalfunding, basedon the CostShare Percentage, thateach willneedto contributeto fullycomplete thereconstruction, repairorreplacement.ThePartiesshallsubmittheirplan tothe Executive Committee for approval.On approvalofthe Executive Committee, each Party agreesto pursueapprovals, includingfundingifapplicable,fortheplan. Reconstruction, repair, orreplacementmaynot begin untileach Partyhas completed theirprocesses for approvingthe planandthe plan each has approvedis agreeable to both Parties. The College understands, however, that the City is under no obligation to fund more than the City’s Contribution, as detailed in the Interlocal Agreement. 7.2.5 Other Insurance Provisions. 7.2.5.1Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, each Party shall furnish the other Party with either a Letter of Self- Insurance (SIGNED by the Risk Manager) and/or Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements when required) evidencing all of the coverage set forth above. 7.2.5.2Both Parties shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. 7.2.5.3Each Party shall be responsible for their own self-insured retention or deductibles associated with any purchased program. 25[GM14-1721-003/175090/1] The stipulated limits of coverage above shall not be construed as a limitation of any potential liability, and failure to request evidence of this insurance shall not be construed as a waiver of the City’s or College’s obligation to provide the insurance coverage specified. 7.3 LiabilityClaims The College, through itsriskmanagement program,shallhandleall propertyand liabilityclaims caused by, arisingout of,orrelated tothe operation, maintenance or use of the Library. The Collegeshalltender allliabilityclaims for whichthe Citymaybe responsible under Paragraph7.1 and 7.2 to the Cityina timely manner or in no less than 5 business days when the Collegehas knowledge of such claims. 7.4 Indemnification and Insurance Required ofContractors, Subcontractors, Representatives and/or Agents Each Partyshallrequire anyindependentcontractors, subcontractors, representatives, or agentsithires to undertake theactivitiesspecified in Paragraphs5.2 and 5.4tothe following: 7.4.1To defend, indemnify, save, and hold harmless, and defend the City and the College from any and all claims, suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees and costs, or other legal expenses; and 7.4.2To maintain the insurance coverage and minimum amounts identified in section 7.2.1 and the insurance provisions in section 7.2.5. All independent contractors, subcontractors, representatives, and agentsshall include both the City and the College as “Additional Insured” on all liability policies and, prior to execution of work, will furnish to both Parties a Certificate of Insurance(s) using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable ENDORSEMENTS naming the City and College as an “Additional Insured.” ARTICLE8 STANDARDTERMS ANDCONDITIONS 8.1 Successors, Assignment This Agreementshallbebindingupon and inuretothebenefitofthe Parties and their successors and assigns. No party may assign anyrightorobligation underthis Agreementwithoutthe consentofthe otherparty, which consentshallnotbe unreasonablywithheld. 8.2 Integration This Agreementsetsforththe entire agreementbetween the partiesto the agreementwith regard to the subjectmatterhereofand supersedes allpriorwritten ororalagreements, covenants, arrangements, communications, representations orunderstandingbyanyparty thatare notfully expressed inthis agreement. ThisAgreementmaynotbe modified, changed, supplemented or terminated, normayanyobligation underthis agreementbe 26[GM14-1721-003/175090/1] waived, exceptbywritten instrument signed bythe partyto becharged orits agent, duly authorizedin writing, oras otherwise expresslypermitted inthisagreement. Thisisa fullyintegrated agreement. 8.3 VoluntaryAgreement ThePartiesrepresentthattheyhave carefullyreadthisAgreement, have consultedwith theirown legalcounsel, knowand understandthe contents ofthis Agreement, andthat eachPartysignsthis Agreementfreely, voluntarily, and with a complete andfull understandingofits terms.Both parties have cooperated inthe draftingand preparationof this Agreement. Ifthereis any construction to be made ofthis document,thesame shall notbe construed againsteitherParty. 8.4 Public AgencyAuthority Each governmentalentitysigningthis Agreementrepresents and warrantsthatthe Agreementis executedin compliance with a resolution ofthe governingentityofsaid Party, dulyadopted by governingentity. Anyindividualsigningthisagreementon behalfofthe public entityrepresents and warrantsthathe/she has fullauthorityto doso. 8.5 Notices Notices hereundershallbein writingandshallbe given byhand, byfirstclass mail, or by certified mail, returnreceiptrequested,tothefollowingaddress,provided thatany partymay change its addressforsuchnoticesupon writtennoticeto the otherparty. TOTHECITY:TOTHE COLLEGE: City of Clearwater Library St. Petersburg College ATTN: Barbara Pickell ATTN: General Counsel’s Office P.O. Box 4748 P.O. Box 13489 Clearwater,Florida33758-4748 St. Petersburg, Florida 33733 WITH COPY TO: City Attorney’s Office ATTN: Library Designee P.O. Box 4748 Clearwater, Florida 33758-4748 8.6 Applicable Law, Jurisdiction, and Venue Thevalidity, effect,intendmentand constructionofthis Agreementshallbe governed by the laws ofthe StateofFlorida.Venue foranyactionbroughtinstatecourtshall bein Pinellas County. Venueforanyactionbroughtinfederalcourtshallbeinthe Middle DistrictofFlorida,TampaDivision,unlessadivisioniscreatedinSt.Petersburgor PinellasCounty,inwhichcasetheactionshallbebroughtinthatdivision. Eachparty waives anydefense,whetherassertedbymotionorpleading,thattheaforementioned courtsarean improperorinconvenientvenue.Moreover,thePartiesconsenttothe personal jurisdiction ofthe aforementioned courtsandirrevocablywaiveanyobjectionsto 27[GM14-1721-003/175090/1] saidjurisdiction. 8.7 ApprovalofBudgetinto NextFiscalYear ThePartiesrecognize thatthe continuationofthis Agreementaftertheclose of anygivenFiscal yearofeach Partyshallbesubjectto the approval of the budget ofeachPartyprovidingan appropriation coveringtheitemas an expenditure. Neitherthe Citynorthe College represents thatfuture budgetitems willactually be adopted,thatdeterminationbeingthatofeach Party’s governingbodies atthe time ofthe adoption ofeach Party’s annual budget. 8.8 PublicRecords/Student Records TheprovisionsofChapter119,FloridaStatutes,the FamilyEducationalRights andPrivacyAct,andSection1002.225,FloridaStatutes,shallapplyto this Agreement. 8.9 Nondiscrimination TheParties agree tobe bound byapplicablecity, stateand federallaws,rulesand regulations governingEqualEmploymentOpportunityand Nondiscrimination, as well as the College’s Equal Access and Opportunity Statement, located in the Board of Trustees Rules and College Procedures (https://www.spcollege.edu/eaeo) and as amended during the span of this Operating Agreement and/or the Intergovernmental Agreement, is incorporated herein by reference. 8.10 Amendments TheParties mayrevise thisAgreementonlythrough awrittenamendmentsignedby authorized representatives ofboth Partiesand,ifrequired, approved bytheirgoverning bodies. 8.11 Exhibits Each exhibit to this Agreement is an essential part hereof and is hereby incorporatedhereinbyreference. Anyamendmentsor revisionstosuchexhibits, evenif not physicallyattachedhereto,shallbetreatedasifapartofthisAgreement ifsuchamendments or revisionsspecificallyreferencethisAgreementandare executedbythe Parties. 8.12 Waiver Noact ofomissionorcommissionofeitherparty,includingwithoutlimitation, any failuretoexerciseanyright,remedy,orrecourse,shallbedeemedtobeawaiver,release, or modificationofthesame. Suchawaiver,release,ormodificationistobeeffected onlythrough awrittenmodificationtothisAgreement. 8.13 Survival Allobligations(includingindemnityobligations)orrightsofanypartyarising duringor attributabletotheperiodpriortoexpirationorearlierterminationofthisAgreement shallsurvivesuchexpirationorearliertermination. 28[GM14-1721-003/175090/1] 8.14 Binding Effectand Entire Agreement Thiswritingtogetherwiththeexhibitsheretoconstitutestheentire agreementbetween thePartiesandshallinuretothebenefitoftheirrespectivesuccessorsand assigns.No change to this Agreementwill be valid,unlessmadebysupplementalwrittenagreement executedbybothParties. 8.15 NoThirdPartyBeneficiary PersonsnotapartytothisAgreementmaynotclaimany benefithereunderoras third party beneficiaries hereto. 8.16 Headings Theparagraphheadingsareinsertedhereinforconvenienceandreference onlyandin nowaydefine,limit,orotherwisedescribethescopeorintentofanyprovisions hereof. 8.17 Understanding and DraftingofAgreement The parties hereto, and each of them, further represent that they have carefully read this Agreement, have consulted with their own legal counsel, know and understand the contents of this Agreement, and that each party hereto signs this Agreement freely, voluntarily, and with a full understanding of its terms. This Agreement has been drafted and negotiated by the Cityand College and the same shall not be construed against either party. 8.18 Severability ShouldanysectionorpartofanysectionofthisAgreementberendered void,invalid, orunenforceablebyanycourtoflaw,foranyreason,suchadeterminationshall not rendervoid,invalid,orunenforceableanyothersectionoranyotherpartofany section of thisAgreementprovidedthattheParties continuetoenjoytheintended benefitsforwhichthey enteredintothisAgreement. [This section is intentionally left blank; signature page follows.] 29[GM14-1721-003/175090/1] OPERATIONSAGREEMENTFORTHESHAREDUSELIBRARYLOCATED ON THEST. PETERSBURGCOLLEGE—CLEARWATER CAMPUSAT2465 DREW STREET, CLEARWATER, FLORIDA INWITNESS WHEREOF,thePartieshavecausedthisAgreementtobeexecuted by theirdulyauthorized representatives onthedatefirstabovewritten. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk WITNESSES: (as to College) ____________________ ___________________ THE BOARD OF TRUSTEES OF ST. PETERSBURG COLLEGE By: _________________________________ William D. Law, Jr., College President and Secretary ofBoard of Trustees 30[GM14-1721-003/175090/1] Approved as to Content and Form: ______________________ Suzanne L. Gardner General Counsel [GM14-1721-003/175090/1] EXHIBITA Asphalt/ParkingLot/Reseal/Restripe 10yr. cycle AsphaltReplacement 15yr. cycle Automatic Doors(500Mcycles)5 yr Carpet 15yrs Paintinginterior 15yrs Paintingexterior 10 yrs. Electric Relamp (Interior)3 yrs. Electric Relamp (Exterior)4 yrs. Furniture Systems/Cubicles 15yrs. Furniture Public 8 yrs. Landscape Plants/hardscape 10 yrs. Millwork 15 yrs. March 15, 2016 Existing Site Library Building – Clearwater Campus Project Number 1707-P-12-2 Existing Library Existing Administration Drew Street Ol d C o a c h m a n R o a d Crossroads Crossroads Bookstore Student Life March 15, 2016 Library Building – Clearwater Campus Project Number 1707-P-12-2 Two -Story 43,515gsf Proposed Site Plan Crossroads Crossroads Bookstore Student Life Drew Street Ol d C o a c h m a n R o a d March 15, 2016 First Floor Library Building – Clearwater Campus Project Number 1707-P-12-2 Floor Plan - 43,515gsf March 15, 2016 Library Building – Clearwater Campus Project Number 1707-P-12-2 Second Floor Floor Plan - 43,515gsf March 15, 2016 View from the North Library Building – Clearwater Campus Project Number 1707-P-12-2 March 15, 2016 Project Schedule and Budget Library Building – Clearwater Campus Project Number 1707-P-12-2 •Total Budget - $15.0 Million •College Share - $ 9.1 Million •City Share - $ 5.9 Million •75% Construction Documents review complete •Final Construction Documents issued May 6 •Guaranteed Maximum Price delivered May 27 •Approval by Clearwater City Council on June 16 •Guaranteed Maximum Price Approval by St. Petersburg College on June 21 •Groundbreaking July 2016 BUDGET AND PLANNING Date Updated:4/6/2016 $/gsf Proposed Budget Library Building/Site Improvements Clearwater FUNDING SOURCE AMOUNT Reserves 9,100,000$ City of Clearwater 5,900,000$ Total Funds 15,000,000$ CONSTRUCTION/PLANNING UNIT $/UNIT Construction Cost LIBRARY BUILDING 43,515 277.17$ 11,611,000$ 266.83$ Miscellaneaous costs (test & balance, surveys, testing, 3.75%450,000$ 10.34$ inspections, security, bid ad- vertising, building locks, ground- breaking, etc.) Sub-Total Construction Costs 12,061,000$ 277.17$ Exclusive use parking*389,000$ Total Construction Costs Total 12,450,000 OTHER PROJECT COSTS Architect/Engineer fees 8.75%1,050,000$ 24.13$ Furniture & Equipment (% of GMP)12.00%1,440,000$ 33.09$ TOTAL PROJECT COSTS 14,940,000$ 334.39$ Deficit/ Surplus 60,000$ * Not included in Cost /S.F. calc's. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2329 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Comprehensive Annual Financial Report for Fiscal Year 2015. (WSO) SUMMARY: The City’s external auditors, Cherry Bekaert LLP, will present the Comprehensive Annual Financial Report (CAFR) and the results of the City’s audit for Fiscal Year 2015 APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 CITY OF CLEARWATER, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2015 2014/2015 George N. Cretekos Mayor Doreen Caudell Jay Polglaze Bill Jonson Hoyt Hamilton Councilmember Councilmember Councilmember Councilmember William B. Horne II City Manager Brian Jay Ravins Finance Director Prepared by: City of Clearwater Finance Department City of Clearwater, Florida Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2015 i ii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2015 TABLE OF CONTENTS INTRODUCTORY SECTION: Title Page and List of Elected and Appointed Officials .......................................................................................... i Letter of Transmittal ............................................................................................................................................... v Certificate of Achievement for Excellence in Financial Reporting ....................................................................... ix Organizational Chart .............................................................................................................................................. x FINANCIAL SECTION: Report of Independent Auditor .............................................................................................................................. 1 Management’s Discussion and Analysis ............................................................................................................... 5 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position ........................................................................................................................... 20 Statement of Activities ................................................................................................................................ 21 Fund Financial Statements: Balance Sheet – Governmental Funds ..................................................................................................... 22 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ............ 23 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds ......... 24 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................................................................... 25 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (Non-GAAP Basis) – General Fund ...................................................................... 26 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) – Special Development Fund ......................................................... 27 Statement of Net Position – Proprietary Funds ........................................................................................ 28 Statement of Revenues, Expenses, and Changes in Net Position – Proprietary Funds ........................ 32 Statement of Cash Flows – Proprietary Funds ......................................................................................... 36 Statement of Fiduciary Net Position – Fiduciary Funds ........................................................................... 40 Statement of Changes in Fiduciary Net Position - Fiduciary Funds ........................................................ 41 Notes to the Basic Financial Statements ...................................................................................................... 42 Required Supplementary Information -– Pension Trust Funds ......................................................................... 98 Required Supplementary Information – Other Postemployment Benefits ....................................................... 104 Combining and Individual Fund Statements and Schedules Combining Balance Sheet – Nonmajor Governmental Funds .................................................................. 108 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds ............................................................................................................... 110 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual (GAAP Basis) – Community Redevelopment Agency Special Revenue Fund ....... 113 Combining Statement of Net Position – Nonmajor Enterprise Funds ....................................................... 116 Combining Statement of Revenues, Expenses, and Changes in Net Position - Nonmajor Enterprise Funds...................................................................................................................... 117 Combining Statement of Cash Flows – Nonmajor Enterprise Funds ....................................................... 118 Combining Statement of Net Position – Internal Service Funds ............................................................... 122 iii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2015 TABLE OF CONTENTS (Continued) Combining Statement of Revenues, Expenses, and Changes in Net Position – Internal Service Funds ................................................................................................................................. 123 Combining Statement of Cash Flows – Internal Service Funds ......................................................................... 124 Combining Statement of Fiduciary Net Position – Fiduciary Funds ................................................................... 128 Combining Statement of Changes in Fiduciary Net Position – Fiduciary Funds ............................................... 129 Statement of Changes in Assets and Liabilities – Agency Fund ........................................................................ 130 Supplemental Information: Continuing Disclosure – Gas System Revenue Refunding Bonds, Series 2007, 2013 and 2014 .................... 132 Continuing Disclosure – Water & Sewer Revenue Refunding Bonds, Series 2003, 2009B 2011 and 2014; and Revenue Bonds Series 2009A ................................................................................................................ 137 Continuing Disclosure – Stormwater System Revenue Refunding Bonds, Series 2012, 2013 and 2014 ........ 140 Fire Services Program ......................................................................................................................................... 141 STATISTICAL SECTION: Introduction ............................................................................................................................................ 143 Schedule 1 Net Position by Component .................................................................................................................. 145 Schedule 2 Changes in Net Position ....................................................................................................................... 146 Schedule 2a Program Revenues by Function/Program ............................................................................................ 149 Schedule 3 Fund Balances of Governmental Funds ............................................................................................... 150 Schedule 4 Changes in Fund Balances of Governmental Funds ........................................................................... 151 Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property .................................................... 152 Schedule 6 Direct and Overlapping Property Tax Rates ........................................................................................ 153 Schedule 7 Property Tax Levies and Collections .................................................................................................... 154 Schedule 8a Principal Real Property Taxpayers ....................................................................................................... 155 Schedule 8b Principal Personal Property Taxpayers ................................................................................................ 156 Schedule 9 Ratios of Outstanding Debt by Type .................................................................................................... 157 Schedule 10 Ratios of General Bonded Debt Outstanding ....................................................................................... 158 Schedule 11 Direct and Overlapping Governmental Activities Debt......................................................................... 159 Schedule 12 Legal Debt Margin Information ............................................................................................................. 160 Schedule 13 Pledged-Revenue Coverage ................................................................................................................ 161 Schedule 14 Demographic and Economic Statistics ................................................................................................. 163 Schedule 15 Principal Employers .............................................................................................................................. 164 Schedule 16 Full-time Equivalent City Government Employees by Function/Program ........................................... 165 Schedule 17 Operating Indicators by Function/Program .......................................................................................... 166 Schedule 18 Capital Asset Statistics by Function/Program ...................................................................................... 167 SINGLE AUDIT / GRANTS COMPLIANCE SECTION: Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................................................................................................ 171 Report of Independent Auditor on Compliance for Each Major Federal Program and State Financial Assistance Project, and on Internal Control over Compliance Required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General .............................................................................................. 173 Schedule of Expenditures of Federal Awards and State Financial Assistance Projects ............................................ 175 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects .............................. 178 Schedule of Findings and Questioned Costs ................................................................................................................ 179 Summary Schedule of Prior Year Audit Findings .......................................................................................................... 182 Independent Auditor’s Management Letter ................................................................................................................... 183 Report of Independent Accountant on Compliance with Local Government Investment Policies .............................. 185 Schedule of Receipts and Expenditures of Funds Related to the Deepwater Horizon Oil Spill .................................. 186 ix City of Clearwater Organizational Chart Public Communications Library Solid Waste / General Support Services Official Records & Legislative Services Human Resources Planning & Development Gas System City Auditor Information Technology Public Utilities Marine & Aviation Customer Service Police Department Financial Services Parks & Recreation Economic Development & Housing Emergency Management City Manager Fire DepartmentEngineering Office of Management & Budget Assistant City ManagerAssistant City Manager Citizens of Clearwater City Council City Attorney x Report of Independent Auditor To the Honorable Mayor and City Councilmembers City of Clearwater, Florida: Report on Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”) as of and for the year ended September 30, 2015, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2015, as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 1 Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida, as of September 30, 2015, and the respective changes in financial position and, where applicable, cash flows thereof, and the respective budgetary comparisons for the general fund and the special development fund, for the year then ended in accordance with accounting principles generally accepted in the United States of America. In addition, in our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each of the nonmajor governmental funds, nonmajor enterprise funds, internal service and fiduciary funds of the City as of September 30, 2015, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended, in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matters Change in Accounting Principles As discussed in Note IV.J. to the financial statements the City adopted the provisions of Governmental Accounting Standards Board (“GASB”) Statement No. 68, Accounting and Financial Reporting for Pensions – an Amendment of GASB Statement No 27, and GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date – an Amendment of GASB Statement No. 68, during the year ended September 30, 2015. Our opinions are not modified with respect to these matters. Prior Period Restatement - Correction of an Error As discussed in Note IV.K. to the financial statements, the September 30, 2014 financial statements have been restated to correct an error. Our opinion is not modified with respect to this matter. Prior Period Adjustment As discussed in Note IV.L. to the financial statements, the September 30, 2014 financial statement have been restated. Our opinions are not modified with respect to this matter. Fund Reclassification As described in Note 1.B.2. to the financial statements, effective October 1, 2014, the Recycling Utility Fund was combined with the Solid Waste Utility Fund. Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and the required supplementary information schedules - Pension Trust Funds and other Postemployment, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, supplemental information, statistical section, and the schedule of receipts and expenditures related to the deepwater horizon oil spill are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying schedule of expenditures of federal awards and state financial assistance, as required by the Office of Management and Budget Circular A-133, Audits of States, Local Government, and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General of the State of Florida, is also presented for purposes of additional analysis and is not a required part of the basic financial statements. The schedule of expenditures of federal awards and state financial assistance and the schedule of receipts and expenditures of funds related to the deepwater horizon oil spill are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards and state financial assistance, and the schedule of receipts and expenditures of funds related to the deepwater horizon oil spill are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory, statistical sections, and supplemental information on pages 132-141 have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 28, 2016 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Tampa, Florida March 28, 2016 3 5 Management’s Discussion and Analysis This Management’s Discussion and Analysis report provides the reader with a narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2015. Management’s Discussion and Analysis (MD&A) should be read in conjunction with the City’s Transmittal Letter, which begins on page v of this report. Financial Highlights  The City’s assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources at the close of fiscal year 2015 by $877.4 million (net position). Of this amount, $285.2 million (unrestricted net position) may be used to meet the government’s ongoing obligations to citizens and creditors.  The City’s total net position decreased by $21.4 million, or 2.4%, from the prior year’s net position, as restated. Net position for governmental activities decreased by $30.1 million, or 6.4%, while the business-type net position increased by $8.6 million, or 2.0%.  Significant factors contributing to the $30.1 million decrease in governmental net position included an increase of net program expense of $47.8 million from fiscal 2014 (before prior period adjustments) as a result of an increase of $49.0 million in governmental program expenses, primarily in the public safety, transportation and culture and recreation programs, offset by a net increase in program revenues of $1.2 million. This increase in expenses was primarily due to $48.5 million of current year increase in pension expense per the implementation of Governmental Accounting Standards Board (GASB) Statement No. 68, Accounting and Financial Reporting for Pensions. The increase in pension expense is primarily due to pension plan investment performance and the resulting impact on the net pension asset/liability and deferred inflows and outflows of the pension plans. General revenues for governmental activities and extraordinary items increased by $10.5 million, or 12.5%, primarily due to a $6.5 million settlement received from BP Oil for the Deepwater Horizon oil spill, a $2.3 million increase in property taxes, a $1.1 million increase in sales taxes and an increase of $682 thousand in investment earnings. Transfers in from business-type activities decreased $4.1 million.  The $8.6 million increase in business-type net position included a decrease in net program revenues of $15.0 million (before prior period adjustments) as a result of an increase in charges for services of $5.0 million offset by a decrease in operating grants and contributions totaling $90 thousand and a decrease in capital grants and contributions of $8.9 million, coupled with an increase in program expenses of $10.9 million. $4.8 million of the increase in charges for services is attributable to the Water & Sewer Utility and the Parking System. The Water & Sewer Utility also posted a decrease of $8.0 million in capital grants and contributions, due to decreased funding from the Southwest Florida Water Management District as a result of completed capital projects. General revenues increased $679 thousand due to an increase in investment earnings, and transfers out to governmental activities decreased $4.1 million, primarily due to the closure of the Harborview Center Enterprise Fund and the transfer of its capital assets to governmental activities, which occurred in fiscal 2014.  At September 30, 2015, the City’s governmental funds reported combined ending fund balances of $114.7 million, an increase of $14.5 million, or 14.5%, in comparison with the prior year (as restated). Of this amount, $29.0 million (or 25.27%) is available for spending at the government’s discretion (unassigned fund balance).  At September 30, 2015, unrestricted fund balance (the total of the committed, assigned and unassigned components of fund balance) for the general fund was $32.0 million, or 28.1% of total fiscal 2015 general fund expenditures.  Total outstanding long-term liabilities increased $49.2 million from the prior year (as restated) primarily due to principal payments on bonds payable in the amount of $8.2 million, an increase in the net pension liability of $51.1 million due to negative investment returns per the implementation of GASB Statement No. 68, a net increase in lease purchase contracts of $4.8 million, an increase in the liability for compensated absences of $445 thousand, an increase in the liability for other postemployment benefits of $1.8 million, and a decrease in claims payable of $703 thousand. 6 Overview of the Financial Statements This discussion and analysis (MD&A) is intended to serve as an introduction to the City of Clearwater’s basic financial statements. The City’s basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are the statement of net position and the statement of activities. These statements report information about the City as a whole using accounting methods similar to those used by private- sector businesses. Emphasis is placed on the net position of governmental activities and business-type activities, and the change in net position. Governmental activities are principally supported by taxes and intergovernmental revenues. Governmental activities include most of the City’s basic services, including police, fire, public works, parks and recreation, and general administration. Business-type activities are intended to recover all or a significant portion of their costs through user fees and charges. The City’s water and sewer system, stormwater system, gas system, solid waste and recycling, marine, aviation, Clearwater Harbor Marina, and parking system operations are reported as business- type activities.  The statement of net position presents information on all of the City’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator as to whether the financial position of the City is improving or deteriorating. Net position is reported in three major categories: 1) net investment in capital assets; 2) restricted; and 3) unrestricted.  The statement of activities presents information showing how the City’s net position changed as a result of the year’s activities. All changes in net position are recorded in the period in which the underlying event takes place, which may differ from the period in which cash is received or disbursed. The Statement of Activities displays the expense of the City’s various programs net of related revenues, as well as a separate presentation of revenues available for general purposes. The government-wide financial statements include not only the City of Clearwater itself but also the Clearwater Redevelopment Agency (CRA). The CRA, though legally separate, is reported as part of the primary government as a blended component unit because the City Council serves as the CRA’s governing board and City management has operational responsibility for the CRA. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The fund financial statements provide detailed information about the City’s major funds – not the City as a whole. Fund accounting helps to ensure and demonstrate compliance with finance-related legal requirements. Based on restrictions on the use of monies, the City has established many funds that account for the multitude of services provided to residents. These fund financial statements focus on the City’s most significant funds: governmental, proprietary, and fiduciary. Governmental funds. Governmental funds are used to report most of the City’s basic services. These funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. The funds focus on the inflows and outflows of current resources and the balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 7 The City maintains ten individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General, Special Development, and Capital Improvement funds, which are considered to be major funds. Data from the other seven governmental funds are combined into a single aggregated columnar presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements in the supplementary information section of this report. Annual appropriated budgets are adopted for the General Fund, the Special Development Special Revenue Fund, and the Community Redevelopment Agency Special Revenue Fund. Budgetary comparison statements and/or schedules have been provided for these funds to demonstrate budgetary compliance. The basic governmental fund financial statements can be found on pages 22-27 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the fiscal activities related to water and sewer, gas, solid waste & recycling and stormwater utilities, along with marine, aviation, parking system, and Clearwater Harbor Marina downtown boat slip operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the City’s building maintenance, custodial services, self-insurance program, risk management program, employee group insurance, vehicle acquisition and maintenance, and various support activities including data processing, legal, telecommunications, and postal services. All of the City’s internal service funds predominantly benefit governmental activities and consequently have been aggregated and included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer Utility, Gas Utility, Solid Waste & Recycling Utility, and Stormwater Utility enterprise funds, which are considered to be major funds of the City. The remaining four non-major enterprise funds are combined into a single aggregated presentation in the proprietary fund financial statements. Similarly, governmental activity internal service funds are aggregated into a single presentation. Individual fund data for the non-major enterprise funds and the internal service funds is provided in the form of combining statements in the supplementary information section of this report. The basic proprietary fund financial statements can be found on pages 28-39 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of the fiduciary funds are not available to support the City’s own programs. The accounting used for fiduciary funds is similar to proprietary funds. The City of Clearwater maintains two different types of fiduciary funds. Pension trust funds are used to report resources held in trust for retirees and beneficiaries covered by the city’s pension plans. An agency fund is used to report resources held by the city in a custodial capacity for individuals, private organizations and other governments, such as the Clearwater Downtown Development Board. The fiduciary fund statements can be found on pages 40-41 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information that is essential for a full understanding of the information provided in the government-wide and fund financial statements, including the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. The notes to the financial statements can be found on pages 42-97 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. Required supplementary information can be found on pages 98-104 of this report. 8 The combining statements referred to earlier in connection with non-major governmental funds, non-major enterprise funds, and internal service funds, are presented immediately following the required supplementary information. Combining and individual fund statements can be found on pages 108-130 of this report. Government-Wide Financial Analysis The total net position of the City decreased in fiscal 2015, primarily due to negative investment returns in fiscal 2015, which increased the City’s net pension liability per the implementation of GASB Statement No. 68. As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets exceeded liabilities by $877.4 million at the close of the fiscal year ended September 30, 2015. This represents a decrease of $21.4 million from the September 30, 2014 total net position of $898.8 million (as restated). The City reports positive balances in all three categories of net position, both for the government as a whole as well as for its separate governmental and business-type activities, for both the current year and the prior year, as indicated in the following table: (restated)(restated)(restated) 201520142015201420152014 Assets Current and other assets182,948,098$ 195,255,937$ 225,852,250$ 221,178,827$ 408,800,348$ 416,434,764$ Capital assets285,364,260 280,198,958 428,854,296 424,517,765 714,218,556 704,716,723 Total assets468,312,358 475,454,895 654,706,546 645,696,592 1,123,018,904 1,121,151,487 Deferred Outflows of Resources 39,089,379 48,861,725 17,061,340 19,555,216 56,150,719 68,416,941 Liabilities Current and other liabilities9,409,238 6,057,255 19,708,126 16,481,273 29,117,364 22,538,528 Long-term debt outstanding: Due within one year11,446,139 10,253,728 10,079,913 9,531,752 21,526,052 19,785,480 Due in more than one year43,203,283 34,041,732 205,110,911 210,824,224 248,314,194 244,865,956 Total liabilities64,058,660 50,352,715 234,898,950 236,837,249 298,957,610 287,189,964 Deferred Intflows of Resources 2,137,165 2,699,577 659,768 833,392 2,796,933 3,532,969 Net position Net investment in capital assets262,934,280 261,886,142 226,570,671 214,175,302 489,504,951 476,061,444 Restricted57,239,231 68,427,455 45,502,940 49,530,227 102,742,171 117,957,682 Unrestricted121,032,401 140,950,731 164,135,557 163,875,638 285,167,958 304,826,369 Total net position441,205,912$ 471,264,328$ 436,209,168$ 427,581,167$ 877,415,080$ 898,845,495$ City of Clearwater, Florida - Net Position Governmental ActivitiesBusiness-type ActivitiesTotal A large portion of the City’s net position (55.8%) represents its net investment in capital assets (e.g., land, infrastructure, land improvements, buildings, and equipment, less any related outstanding debt used to acquire those assets). The City uses these capital assets to provide services to citizens, and consequently these assets are not available for future spending. Although the City’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other resources, since the capital assets themselves will not be used to liquidate these liabilities. There was a $1.0 million, or .4%, increase in net investment in capital assets for governmental activities versus the previous year. The increase was due to a decrease in related revenue bond debt due to $635 thousand in scheduled bond principal payments and a net increase of $4.8 million in capital lease purchase contracts, plus a net increase of $5.2 million in governmental capital assets for the current fiscal year. The increase in governmental capital assets resulted from capital asset additions of $22.7 million and net transfers from business-type activities of $8 thousand, offset by depreciation expense of $17.4 million and net capital asset retirements totaling approximately $105 thousand. 9 Net investment in capital assets for business-type activities increased by $12.4 million, or 5.8%, due to $24.4 million of capital asset additions, offset by $20.1 million in current year depreciation expense, $8 thousand in net transfers to governmental activities, and a decrease of $8.1 million in related debt, net of unspent bond proceeds. An additional portion of the City’s net position (11.7%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($285.2 million or 32.5%) may be used to meet the government’s ongoing obligations to citizens and creditors. Changes in Net Position The following table reflects the changes in net position for the years ended September 30, 2015, and September 30, 2014: restatedrestatedrestated 201520142015201420152014 Revenues Program revenues: Charges for services41,996,636$ 41,357,619$ 163,328,727$ 158,352,056$ 205,325,363$ 199,709,675$ Operating grants and contributions6,892,564 6,304,872 50,000 139,930 6,942,564 6,444,802 Capital grants and contributions2,326,185 2,390,527 4,661,948 13,589,852 6,988,133 15,980,379 General revenues: Property taxes40,925,422 38,573,745 - - 40,925,422 38,573,745 Sales taxes16,833,401 15,722,125 - - 16,833,401 15,722,125 Utility taxes14,094,447 14,309,064 - - 14,094,447 14,309,064 Other taxes12,887,736 12,785,814 - - 12,887,736 12,785,814 Other3,304,102 2,624,462 4,086,503 3,407,016 7,390,605 6,031,478 Total revenues139,260,493 134,068,228 172,127,178 175,488,854 311,387,671 309,557,082 Expenses General Government16,818,382 2,396,035 - - 16,818,382 2,396,035 Public Safety99,055,781 20,662,065 - - 99,055,781 20,662,065 Physical Environment3,272,641 3,416,173 - - 3,272,641 3,416,173 Transportation19,366,262 6,959,967 - - 19,366,262 6,959,967 Economic Environment4,895,166 14,362,526 - - 4,895,166 14,362,526 Human Services248,666 93,638 - - 248,666 93,638 Culture and Recreation40,782,817 23,081,132 - - 40,782,817 23,081,132 Interest on Long-term Debt689,625 726,819 - - 689,625 726,819 Water and Sewer Utility- - 69,550,196 55,988,322 69,550,196 55,988,322 Gas Utility- - 33,352,144 27,117,616 33,352,144 27,117,616 Solid Waste Utility- - 22,485,705 12,674,156 22,485,705 12,674,156 Stormwater Utility- - 16,109,960 13,939,372 16,109,960 13,939,372 Recycling Utility- - 2,455,229 2,121,459 2,455,229 2,121,459 Harborview Center- - - 522,057 - 522,057 Other- - 10,215,864 7,620,002 10,215,864 7,620,002 Total expenses185,129,340 71,698,355 154,169,098 119,982,984 339,298,438 191,681,339 (45,868,847) 62,369,873 17,958,080 55,505,870 (27,910,767) 117,875,743 Transfers9,330,079 13,409,931 (9,330,079) (13,409,931) - - Increase in net position before extraordinary item(36,538,768) 75,779,804 8,628,001 42,095,939 (27,910,767) 117,875,743 Extraordinary Item - BP Settlement6,480,352 - - - 6,480,352 - Increase in net position(30,058,416) 75,779,804 8,628,001 42,095,939 (21,430,415) 117,875,743 Net position - beginning (restated)471,264,328 395,484,524 427,581,167 385,485,228 898,845,495 780,969,752 Net position - ending441,205,912$ 471,264,328$ 436,209,168$ 427,581,167$ 877,415,080$ 898,845,495$ City of Clearwater, Florida - Changes in Net Position transfers Governmental ActivitiesBusiness-type ActivitiesTotals Increase in net position before 10 Governmental Activities Net position of governmental activities decreased by $30.1 million from $471.3 million as of September 30, 2014 (as restated), to $441.2 million as of September 30, 2015. This represents a 6.4% decrease in net position for governmental activities. Total expenses for governmental activities increased by $113.4 million, or 158.2%, versus the prior year (as restated). The majority of this increase is due to the recognition of pension expense due to the increase in net pension liability, deferred inflows of resources and deferred outflows of resources per the implementation of GASB Statement No. 68, which affected governmental activities in the amount of $48.5 million. Other increases were most significant in the Public Safety ($28.9 million), Transportation ($8.2 million) and Culture and Recreation ($7.7 million) programs. Total program revenues for governmental activities increased by $1.2 million, or 2.3%, versus the prior year. This increase was primarily due to a $639 thousand increase in charges for services, and a $523 thousand net increase in operating and capital grants and contributions. Operating grants and contributions increased $587 thousand, while capital grants and contributions decreased $64 thousand. Total general revenues for governmental activities increased by $4.0 million, or 4.8%, primarily due to a $2.4 million increase in property taxes, a $1.1 million increase in sales taxes and an increase of $682 thousand in investment earnings. Transfers in from business-type activities decreased $4.1 million, or 30.4%, primarily due to the closure of the Harborview Center Enterprise Fund and the transfer of its capital assets to governmental activities, which occurred in fiscal 2014. In addition, a $6.5 million settlement received from BP Oil for the Deepwater Horizon Oil spill was recorded as an extraordinary item (See Note . The cost of all governmental activities this year was $185.1 million. This reflects an increase of $113.4 million, or 158.2% from the fiscal 2014 total of $71.7 million, as restated. Prior period adjustments reduced the fiscal 2014 expenses in the amount of $76.8 million to establish a net pension asset, deferred inflows and deferred outflows associated with the implementation of GASB Statement No. 68; and increased the fiscal 2014 expenses in the amount of $12.4 million to establish an allowance for uncollectable accounts for mortgage loans receivable. However, as shown on the Statement of Activities, the amount that the City’s taxpayers ultimately financed for fiscal 2015 activities totaled $133.9 million, because some of the cost was paid for by those who directly benefited from the programs ($42.0 million) or by other governments and organizations that subsidized certain programs with grants and contributions ($9.2 million). This total of $133.9 million is $47.8 million, or 55.6%, greater than the fiscal 2014 amount financed from general revenues, before prior period adjustments. $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 Millions Expenses and Program Revenues -Governmental Activities For the Year Ended September 30, 2015 Expenses Revenues General Government Public Safety Physical Environment Transportation Economic Environment Human Services Culture and Recreation Intereston Long-term Debt 11 Business-type Activities Net position for business-type activities increased by $8.6 million from $427.6 million as of September 30, 2014 (as restated), to $436.2 million as of September 30, 2015. This represents a 2.0% increase net position for business-type activities. Net revenue from business-type activities, before investment earnings and transfers, decreased from $28.8 million for the prior year to $13.9 million for fiscal 2015. This $15.0, or 51.9%, decrease was primarily the result of a $5.0 million increase in charges for services offset by a $8.9 million decrease in capital grants and contributions and a $90.0 thousand decrease in operating grants and contributions coupled with a $10.9 million increase in operating expenses. The decrease in net revenues was due primarily to the Water & Sewer Fund ($9.1 million) and the Solid Waste and Recycling Utility ($4.0 million). Total program revenues for business-type activities decreased by $4.0 million, or 2.3%, to $168.0 million versus the prior year total of $172.0 million, primarily in the Water & Sewer Utility, where charges for services increased $3.7 million (5.5%) as a result of a 4.5% rate increase effective October 1, 2014, and capital grants and contributions decreased $8.0 million (70.9%) as a result of reduced funding from the Southwest Florida Water Management District due to completion of capital projects. Total expenses for business-type activities increased by $34.2 million, or 28.5%, from $120.0 million in fiscal 2014 (as restated) to $154.2 million for fiscal 2015. Part of this increase is due to the recognition of pension expense associated the increase in the net pension liability, deferred inflows of resources and deferred outflows of resources per the implementation of GASB Statement No. 68, which affected business-type activities in the amount of $14.9 million. Expenses in the Water & Sewer Utility increased $4.7 million (7.3%) primarily as a result of the recognition of pension expense due to the implementation of GASB Statement No. 68 as well as increased personnel costs and supplies needed to operate the new RO Plant, offset by decreased purchases of water from Pinellas County, which is also a result of the new RO Plant. There was also a decrease in professional fees due to reduced project activity. Solid Waste & Recycling Utility expenses increased $4.3 million (20.7%) primarily due to increased personnel costs due to the recognition of pension expense as a result of the implementation of GASB Statement No. 68. Expenses in the Gas Utility increased $1.7 million (5.4%) primarily due to the decreased cost of natural gas and liquid propane purchased for resale, offset by increased personnel costs as a result of 4 additional employees as well as recognition of pension expense due to the implementation of GASB Statement No. 68. Finally, transfers for business-type activities decreased $4.1 million, or 30.4%, primarily due to the closure of the Harborview Center Enterprise Fund and the transfer of its capital assets to governmental activities, which occurred in fiscal 2014. Charges for services 27.1% Operating grants and contributions 4.4% Capital grants and contributions 1.5% Property taxes 26.4% Sales taxes 10.9% Utility taxes 9.1% Communications services taxes 3.2% Other taxes 5.1% Other revenues 8.1% Extraordinary Item 4.2% Revenues by Sources -Governmental Activities For the Year Ended September 30, 2015 12 $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 Water and Sewer Utility Gas UtilitySolid Waste Utility Stormwater Utility RecyclingOther Expenses and Program Revenue -Business-type Activities For the Year Ended September 30, 2015 Expenses Revenues Charges for services 94.89% Operating grants and contributions .03%Capital grants and contributions 2.71% Investment earnings 2.37% Revenues by Source -Business-type Activities For the Year Ended September 30, 2015 13 Financial Analysis of the City’s Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The focus of the City’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. The City reports the General Fund, Special Development Fund, and Capital Improvement Fund as major governmental funds. The City’s governmental funds for the year ended September 30, 2015, reflect a combined fund balance of $114,695,226 versus $110,173,890 (as restated) for the prior year, an increase of $14,521,336. A total of $29.0 million, or 25.27%, represents unassigned fund balance available for spending at the government’s discretion. The remainder of the fund balance is classified as assigned ($8.3 million or 7.20%) to indicate that it is intended to be used for specific purposes supported by management’s intent; committed ($20.2 million or 17.58%) to indicate that it can be used only for the specific purposes determined by a formal vote of the City Council; restricted ($57.2 million or 49.91%) to indicate that it can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation; or nonspendable ($41 thousand or 0.04%) to indicate that it cannot be spent or is legally or contractually required to remain intact. The General Fund is the chief operating fund of the City. At September 30, 2015, unassigned fund balance of the General Fund totaled $31.5 million, with the remaining $487 thousand in fund balance classified as nonspendable or assigned. As a measure of the general fund’s liquidity it is useful to compare unassigned fund balance to total fund expenditures. Unassigned fund balance represents 27.7% of total general fund expenditures (GAAP basis before transfers) for the current fiscal year. The fund balance of the Special Development Fund increased from $5.9 million to $8.2 million, an increase of $2.3 million or 39.0%, during the current fiscal year versus a decrease of $130 thousand for fiscal 2014. Intergovernmental revenue increased by $1.3 million, impact fees increased by $860 thousand and total taxes increased by $879 thousand. The fund balance for the Capital Improvement Fund increased from $43.2 million to $47.0 million during the current fiscal year. This increase of $3.8 million is primarily the result of current year capital project funding received from other funds ($21.8 million) in excess of current year capital project expenditures ($17.6 million). This is typical volatility for the Capital Improvement Fund due to timing differences between project funding and project spending. The fund balances for Other (non-major) Governmental Funds posted an increase of $782 thousand (from $26.6 million, as restated, to $27.4 million) during the current fiscal year. Proprietary Funds The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. The City reports the Water and Sewer Utility Fund, the Gas Utility Fund, the Solid Waste & Recycling Utility Fund, and the Stormwater Utility Fund as major funds. The Water and Sewer Utility Fund realized an $3.0 million increase in net position versus an $11.7 million increase for the prior year (before prior period adjustments). Operating revenues increased by $3.5 million, or 5.3%, while operating expenses increased $3.7 million, or 6.5%. This resulted in a net decrease in operating income of $186 thousand, from $9.2 million in fiscal 2014 to $9.0 million in 2015. Additionally, capital grants and contributions decreased by $8.0 million, or 70.9% and investment earnings increased by $1.0 million. The increase in operating revenues was the result of a 4.5% rate increase effective October 1, 2014. The increase in operating expenses was primarily due to the recognition of pension expense per GASB Statement No. 68 in the amount of $5.6 million, as well as increased personnel costs and supplies needed to operate the new RO Plant, offset by decreased purchases of water from Pinellas County, which is also the result of the new RO Plant. There was also a decrease in professional fees due to reduced project activity. The decrease in capital grants and contributions was primarily the result of decreased grant revenues from the Southwest Florida Water Management District due to the completion of the Reverse Osmosis Plant #2 Expansion project, as well as decreased contributions from developers, sewer taps and water impact fees. 14 The Gas Utility Fund realized a $6.0 million increase in net position versus a $7.9 million increase for the prior year. Operating revenues decreased by $392 thousand, or .95%, from the prior year, while operating expenses increased by $1.4 million (4.6%), before prior period adjustments. The increase in operating expenses was primarily due to the decreased cost of natural gas and liquid propane purchased for resale, offset by increased personnel costs as a result of 4 additional employees as well as the recognition of pension expense in the amount of $2.9 million in accordance with GASB Statement No. 68. This resulted in a $1.8 million, or 18.2%, decrease in operating income from the prior year. Additionally, other nonoperating revenues increased $503 thousand primarily due to increased investment earnings of $201 thousand, decreased interest expense of $113 thousand and an increase of $189 thousand in other nonoperating revenue as a result of contributions from property owners for main line extensions. Transfers out to other funds increased by $1.2 million, or 46.8% primarily due to the increased dividend to the General Fund computed on the fiscal 2014 increase in net position. The Solid Waste & Recycling Utility Fund is the combination of two funds that were reported separately prior to fiscal 2015. The combined fund realized a $2.0 million decrease in net position versus a $1.4 increase for the two funds in the prior year, before prior period adjustments. Operating revenues increased by $226 thousand, or 1.0%, while operating expenses also increased by $3.8 million, resulting in a decrease of $3.6 million in operating income from $1.5 million in fiscal 2014 (before prior period adjustments) to an operating loss of $2.1 million in fiscal 2015. The increase in operating revenues was very slight, as there were no rate increases approved for fiscal 2015. The increase in operating expenses was primarily the result of increased personnel costs due to the recognition of pension expense in the amount of $3.8 million per GASB Statement No. 68. Nonoperating revenues increased $197 thousand primarily due to an increase of $180 thousand in investment earnings. The Stormwater Utility Fund realized an increase in net position of $2.2 million versus a prior year increase of $2.0 million (before prior period adjustments). Operating revenues increased by $685 thousand, or 4.1%, primarily due to scheduled rate increases of 2.75% effective October 1, 2014. Additionally, fiscal 2015 realized a $759 thousand, or 5.0% decrease in operating expenses, despite the recognition of pension expense in the amount of $1.6 million per GASB Statement No. 68. There was also a significant decrease in capital grants and contributions of $1.4 million (68.4%) due to the completion of stormwater projects that were funded by the Southwest Florida Water Management District. Unrestricted net position and changes in net position of the proprietary funds for fiscal years 2015 and 2014: (restated)(restated) Fund2015201420152014 Water and Sewer Utility42,816,009$ 42,823,660$ 2,968,847$ 20,477,599$ Gas Utility41,626,186 40,608,768 5,960,947 12,463,252 Solid Waste & Recycling Utility34,218,753 36,216,046 (2,017,645) 7,239,631 Stormwater Utility31,318,341 29,516,750 2,206,753 4,550,482 Other funds13,689,535 12,187,243 1,565,537 (2,486,082) Totals163,668,824$ 161,352,467$ 10,684,439$ 42,244,882$ Unrestricted Net PositionChange in Net Position General Fund Budgetary Highlights The final amended budget for General Fund expenditures reflected a net increase of $3.0 million, or 2.6%, from the original budget. Key elements of this increase were as follows:  First Quarter Budget Amendments included an increase of $618,890 to fund the $1,500 base pay merit increase for each General Fund CWA employee; an increase of $10,388 for the City Manager and City Attorney merit increases; an increase of $350,950 to fund the City Manager approved merit increase for each General Fund SAMP employee; a decrease in the City Manager’s flex funds to provide funding for a transfer to the Special Programs Fund for United Way campaign activities; an increase of $50,000 in Economic Development and Housing to provide additional funding to the Homeless Emergency Project; an increase of $70,870 in Finance to fund retirement 15 payouts for two long-term employees; an increase in Police operating expenditures of $976 and an increase of $8,018 in Police overtime; and an increase of $25,000 to fund a legal settlement.  Mid-Year Budget Amendments included an increase of $32,500 in Marine & Aviation to reflect inventory purchases of $25,300, operating supplies of $4,000 and full-time salaries of $3,200 ; and an increase of $3,516 in Police overtime.  Third Quarter Budget Amendments included an increase in the City Manager’s Office of $17,960 to fund the current year cost of an ICMA Management Intern to be shared with the City of Largo and the City of Oldsmar; an increase of $1,150,830 in the Fire Department for the General Fund’s contribution to the Fire Supplemental Pension Plan; an increase of $23,770 in Library personal services to fund retirement payouts; an increase of $10,000 in Official Records and Legislative Services to fund advertising costs; a decrease of $198,000 in Parks and Recreation to fund a transfer to the Capital Improvement Fund for the Jack Russell Demolition & Refurbishment project; a decrease of $25,000 in Parks and Recreation to fund a transfer to the Capital Improvement Fund for the Joe DiMaggio Multi-Purpose Field Renovations project; a decrease of $50,000 in Planning and Development to fund a transfer to the Capital Improvement Fund for the U.S. 19 Wayfinding project; a decrease of $50,000 in Public Communications to fund a transfer to the Special Programs Fund for the Strategic Direction Action Plan to fund the branding consultant contract; an increase in Police operating expenditures of $760; and an increase of $915,419 in the Police Department for the General Fund’s contribution to the Police Supplemental Pension Plan. Final budgeted revenues reflect a net increase of $9.5 million, or 8.8%, from the original budget primarily due to the following:  First Quarter Budget Amendments included an increase of $8,994 in intergovernmental revenue to reflect an increase in reimbursements from the Department of Treasury supporting the FBI and Secret Service.  Mid-Year Budget Amendments included an increase of $3,516 in intergovernmental revenue to reflect an increase in reimbursements from the Department of Treasury supporting the IRS and Joint Terrorism Task Force; and an increase of $32,500 in charges for services to reflect an increase to Pier 60 concession souvenirs revenue.  Third Quarter Budget Amendments included an increase of $164,730 in ad valorem taxes to reflect actual collections for the year; a decrease of $550,000 to reflect telecommunications tax revenue that was less than expected; an increase of $660,000 in other permits and fees revenue to reflect increased building permit revenue due to increased development in the City; an increase of $2.3 million in intergovernmental revenue to reflect an increase of $760 for reimbursements received for Homeland Security Investigations, an increase of $32,250 to Fire Tax and $233,530 to EMS Tax to bring the budget in line with actual receipts, an increase of $11,980 to recognize revenue from the City of Largo for their portion of costs for the ICMA Management Intern, and an increase of $2,066,249 to record state monies received for Police and Fire supplemental pension plans; an increase of $113,000 in charges for services to bring the budget in line with anticipated receipts for fire inspection fees, various Parks and Recreation revenues and Pier 60 concession souvenirs; a decrease of $50 thousand in court fine revenue from Pinellas County to bring the budget in line with anticipated annual receipts; and an increase of $6.8 million in miscellaneous revenues to recognize an increase of $270 thousand to beach and rental revenues to bring the budget in line with anticipated receipts; and an increase of $6,480,352 representing the settlement from BP Oil for the Deepwater Horizon oil spill. Final budgeted “transfers in” from other funds reflect a $2.1 million, or 23.9%, increase from the original budget primarily due to:  A transfer of $2,138,538 from the Gas Fund representing an increase in the computed annual gas dividend payment for fiscal year 2013/14;  The return of General Fund revenues in the amount of $32,029 from the Capital Improvement Fund for the following capital projects which were closed out upon completion: Ladder Truck Equipment, Rescue Squad Replacement and Training Facility Concrete Pad Repairs. 16 Final budgeted “transfers out” reflect a $4.6 million, or 104.3%, increase from the original budget primarily due to:  A transfer of $1,500 to the Special Programs Fund to provide funding for the United Way campaign activities;  A transfer of $776,214 to the Capital Improvement Fund for the Bright House Field Repairs project;  A transfer of $275,000 to the Special Programs Fund to provide funding for Special Events;  A transfer of $500,000 to the Special Programs Fund to provide funding for ULI Report Implementation;  A transfer of $100,000 to the Capital Improvement Fund for the Joe DiMaggio Sports Complex project;  A transfer of $810,000 to the Capital Improvement Fund for the Pinellas New Mains & Service Lines project;  A transfer of $40,000 to the Gas Fund to offset the cost of the fireworks display;  A transfer of $237,870 to reimburse the Stormwater Fund for surplus land at Prospect Lake;  A transfer of $650,000 to the Capital Improvement Fund for the Centennial Monument project;  A transfer of $25,000 to the Capital Improvement Fund for the Countryside Renovation project;  A transfer of $198,000 to the Capital Improvement Fund for the Jack Russell Demolition & Refurbishment project;  A transfer of $25,000 to the Capital Improvement Fund for the Joe DiMaggio Multi-Purpose Field Renovations project;  A transfer of $50,000 to the Capital Improvement Fund for the U.S. 19 Wayfinding project;  A transfer of $50,000 to the Special Programs Fund for the Strategic Direction Action Plan to fund the branding consultant contract;  A transfer of $250,000 to the Capital Improvement Fund for the Crest Lake Park Veterans War Memorial project;  A transfer of $335,000 to the Capital Improvement Fund for the Pier 60 and Beach Walk Repairs and Improvements project;  A transfer of $190,000 to the Capital Improvement Fund for the Missouri Avenue Median Beautification project;  A transfer of $75,000 to the Capital Improvement Fund for the Sailing Center Upgrades and Improvements project; and  A transfer of $28,250 to the Special Programs Fund for the Nagano Sister City program to fund the cost of the Nagano trip. Total actual revenues for the General Fund for fiscal 2015 were $1.4 million, or 1.3%, greater than final budgeted revenues. Contributing to this surplus of actual revenues versus final budgeted revenues are a surplus of $755,358 (53.8%) in Miscellaneous Revenue, a surplus of $542,490 (4.4%) in Intergovernmental Revenue received from the State, and a surplus of $243,072 (24.7%) in Fines and Forfeitures. Fiscal 2015 actual expenditures for the General Fund were $2.3 million (2.0%) less than final budgeted expenditures, primarily due to budget savings across most City departments for fiscal 2015. Capital Asset and Debt Administration Capital Assets Capital assets include land, buildings and building improvements, improvements other than buildings, machinery and equipment, and infrastructure. The infrastructure asset category includes long-lived capital assets, typically stationary in nature, such as roads, sidewalks, and bridges. At September 30, 2015, the City had investments in capital assets totaling $714,218,556 (net of accumulated depreciation). 17 201520142015201420152014 Land77,306$ 76,787$ 29,950$ 30,509$ 107,256$ 107,296$ Buildings105,741 91,486 26,455 6,397 132,196 97,883 Improvements other than buildings19,251 16,818 353,044 338,756 372,295 355,574 Machinery and equipment22,246 17,397 9,963 2,491 32,209 19,888 Infrastructure58,081 62,278 - - 58,081 62,278 Construction in progress2,739 15,433 9,442 46,365 12,181 61,798 Total285,364$ 280,199$ 428,854$ 424,518$ 714,218$ 704,717$ * Net of accumulated depreciation Governmental ActivitiesTotalBusiness-type Activities City of Clearwater, Florida - Capital Assets* (amounts in thousands) Net capital assets for the City’s governmental activities increased from $280.2 million to $285.4 million, reflecting an increase of $5.2 million for the current fiscal year. Capital asset additions of $22.7 million were offset by depreciation expense of $17.4 million and net capital asset retirements totaling approximately $105 thousand. Major fiscal 2015 completed governmental capital projects included $9.7 million for the construction of Fire Station #45, $3.0 million for renovations at the Sid Lickton Complex, $895 thousand for construction of the Countryside Library and $626 thousand for Wood Valley Traffic Calming. Net capital assets for the City’s business-type activities increased from $424.5 million to $428.8 million, reflecting an increase of $4.3 million for the current fiscal year. Capital asset additions of $24.4 million were offset by depreciation expense of $20.1 million. Major fiscal 2015 completed business-type capital projects included $32.2 million for Reverse Osmosis Plant #2 Expansion, $2.4 million for various stormwater projects and $2.3 million for the sanitary sewer extensions. Additional information on the City’s capital assets can be found in Note III (C) on the notes to the financial statements. Long-term debt The City’s total long-term debt increased from $220.6 million to $269.8 million, an increase of $49.2 million or 222.9%. Long-term debt for governmental activities increased by $44.0 million, or 411.6%, while long-term debt for business- type activities increased by $5.2 million or 2.5%. Key factors contributing to these changes included:  The increase in long-term debt for governmental activities is primarily due to an increase in the net pension liability of $39.0 million due to negative investment returns during fiscal 2015 per the implementation of GASB Statement No. 68; increased accruals for lease purchase contracts of $4.8 million; as well as increased accruals for compensated absences and other postemployment benefits, offset by a decrease in claims payable; and principal payment of $635 thousand on the Spring Training Facility Revenue Bonds.  The decrease in long-term debt for business-type activities is primarily due to an increase in the net pension liability of $12.1 million due to negative investment returns during fiscal 2015 per the implementation of GASB Statement No. 68; increased accruals for other post-employment benefits and compensated absences, offset by a decrease in lease purchase contracts; and approximately $8.2 million of scheduled bond principal payments offset by a $1.1 million increase in revenue bonds payable due to the issuance of the 2014 Water & Sewer Revenue Refunding Bonds to redeem the 2006 Water & Sewer Revenue Bonds. The City’s bonded debt as of September 30, 2015, consists entirely of revenue bonds (secured solely by specified revenue sources) with no general obligation debt or special assessment debt outstanding. Governmental activities revenue bonds totaled $8.3 million while business-type activities totaled $204.7 million. 18 The City’s Charter limits indebtedness to 20% of the assessed valuation of non-exempt real estate. The current debt limitation is approximately $2.1 billion, which is significantly in excess of the City’s applicable indebtedness of approximately $205 million at September 30, 2015. Additional information on the City’s long-term debt can be found in Note III (F) of the notes to the financial statements. Economic Factors and Year 2016 Budgets and Rates Factors considered in preparing the City of Clearwater’s budget for fiscal year 2016 included:  An increase of 6.5% in property values, from $8.2 billion to $8.7 billion. This is the third increase in valuations that the City has recognized in seven years. City taxable values are still approximately 22% below peak values of 2007.  The approved millage rate of 5.1550 mills for fiscal year 2016 is the same millage rate as the City’s rate for the last seven fiscal years.  A net increase of 37.3 full-time equivalent positions City-wide to a total of 1,746.9 FTE’s. 19.8 positions were added to the General Fund, 15 positions were added in the utility and enterprise funds, 1.5 positions were added in the internal services funds, and 1 position was added in the Special Programs Fund.  A decrease of $2 million in the actuarially required contribution to the Employees’ Pension Plan, from $10.8 million, or 14.53% of covered payroll, for fiscal 2015 to $8.8 million, or 11.66% of covered payroll, for fiscal 2016. The approved budget plans for a contribution rate of 17%, which will provide for the actuarially required contribution of 11.66% as well as restore approximately $5 million to the credit balance to prepare us for future economic challenges.  An increase in employee medical insurance costs of $2.2 million to a total of $16.2 million across all City operations. This increase includes a projected 10% increase in claims costs based on preliminary estimates, as well as $1.4 million to offset the cost of the Employee Health Clinic.  Budgeted Water and Sewer utility revenues for 2016 reflect a 4.5% rate increase effective October 1, 2015, per a rate study adopted in August 2011. Fiscal 2016 budgeted Stormwater utility revenues reflect a 1.25% rate increase effective October 1, 2015, per a rate study adopted in September 2015. Budgeted revenue for the Solid Waste & Recycling Utility reflect an increase of 3.75% based upon a new rate structure that was approved in August 2015. There are no planned rate increases for the Gas Utility. Contacting the City’s Financial Management This financial report is designed to provide a general overview of the City’s finances for all those with an interest in our government and to show the City’s accountability for the money it receives. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to: City of Clearwater, Finance Department, 100 South Myrtle Avenue, Clearwater, Florida 33756-5520. 19 Basic Financial Statements GovernmentalBusiness-type Activities ActivitiesTotal ASSETS Cash and investments$164,367,718 $150,763,508 $315,131,226 Receivables (net)8,357,346 14,521,030 22,878,376 Internal balances(446,462) 446,462 - Due from other governments4,270,592 1,437,009 5,707,601 Prepaid items1,746,918 4,844 1,751,762 Inventories469,770 2,808,904 3,278,674 Restricted assets: Cash and investments- 55,444,752 55,444,752 Due from other governments- 425,741 425,741 Net pension asset843,464 - 843,464 Land held for resale3,338,752 - 3,338,752 Capital assets: Land77,306,091 29,950,296 107,256,387 Buildings105,740,821 26,455,200 132,196,021 Improvements other than buildings19,251,265 353,044,436 372,295,701 Machinery and equipment22,246,000 9,962,768 32,208,768 Infrastructure58,080,565 - 58,080,565 Construction in progress2,739,518 9,441,596 12,181,114 Total assets468,312,358 654,706,546 1,123,018,904 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows on refunding- 4,993,977 4,993,977 Deferred outflows on pension 39,089,379 12,067,363 51,156,742 Total deferred outflows of resources39,089,379 17,061,340 56,150,719 LIABILITIES Accounts payable and other current liabilities6,222,670 8,485,008 14,707,678 Accrued liabilities2,238,513 692,358 2,930,871 Accrued interest payable35,492 31,341 66,833 Due to other governments460,624 - 460,624 Deposits5,300 87,010 92,310 Unearned revenue and liens446,639 44,856 491,495 Payable from restricted assets: Construction contracts payable- 363,560 363,560 Accrued interest payable- 2,956,109 2,956,109 Customers deposits- 7,047,884 7,047,884 Non-current liabilities due within one year: Compensated absences4,379,741 1,126,380 5,506,121 Capital lease purchases payable4,197,598 128,533 4,326,131 Revenue bonds payable660,000 8,825,000 9,485,000 Claims payable2,208,800 - 2,208,800 Long-term debt and liabilities: Unearned revenue- 187,113 187,113 Compensated absences3,353,174 862,367 4,215,541 Other postemployment benefits9,526,791 4,065,044 13,591,835 Capital lease purchases payable9,835,654 150,440 9,986,094 Revenue bonds payable7,736,728 198,173,629 205,910,357 Claims payable7,333,850 - 7,333,850 Net pension liability5,417,086 1,672,318 7,089,404 Total liabilities64,058,660 234,898,950 298,957,610 DEFERRED INFLOWS OF RESOURCES Deferred inflows on pension2,137,165 659,768 2,796,933 NET POSITION Net investment in capital assets262,934,280 226,570,671 489,504,951 Restricted for: Capital projects41,343,124 9,300,000 50,643,124 Debt service621,681 21,739,553 22,361,234 Renewal and replacement- 12,706,758 12,706,758 Land held for resale3,338,752 - 3,338,752 Grant programs11,935,674 - 11,935,674 Impact fees- 1,756,629 1,756,629 Unrestricted121,032,401 164,135,557 285,167,958 Total net position$441,205,912 $436,209,168 $877,415,080 The notes to the financial statements are an integral part of this statement. Primary Government City of Clearwater, Florida Statement of Net Position September 30, 2015 20 Pr o g r a m R e v e n u e s Op e r a t i n g P r i m a r y G o v e r n m e n t C h a r g e s f o r G r a n t s a n d C a p i t a l G r a n t s & G o v e r n m e n t a l B u s i n e s s - T y p e Fu n c t i o n s / P r o g r a m s E x p e n s e s S e r v ic e s C o n t r i b u t i o n s C o n t r i b u t i o n s Ac t i v i t i e s A c t i v i t i e s T o t a l Pr i m a r y g o v e r n m e n t : Go v e r n m e n t a l a c t i v i t i e s : Ge n e r a l g o v e r n m e n t 1 6 , 8 1 8 , 3 8 2 $ 2 3 , 6 6 8 , 1 4 1 $ 2 8 $ - $ 6 , 8 4 9 , 7 8 7 $ - $ 6 , 8 4 9 , 7 8 7 $ Pu b l i c s a f e t y 9 9 , 0 5 5 , 7 8 1 1 0 , 5 9 3 , 0 5 6 2 , 6 0 7 , 8 6 0 - ( 8 5 , 8 5 4 , 8 6 5 ) - ( 8 5 , 8 5 4 , 8 6 5 ) Ph y s i c a l e n v i r o n m e n t 3 , 2 7 2 , 6 4 2 1 9 5 , 9 6 3 0 1 , 1 1 4 , 6 8 9 ( 1 , 9 6 1 , 9 9 0 ) - ( 1 , 9 6 1 , 9 9 0 ) Tr a n s p o r t a t i o n 1 9 , 3 6 6 , 2 6 1 3 2 7 , 2 6 6 2 5 3 , 4 4 9 4 4 3 , 6 7 8 ( 1 8 , 3 4 1 , 8 6 8 ) - ( 1 8 , 3 4 1 , 8 6 8 ) Ec o n o m i c e n v i r o n m e n t 4 , 8 9 5 , 1 6 6 1 0 8 , 7 9 0 1 , 6 0 4 , 0 7 1 - ( 3 , 1 8 2 , 3 0 5 ) - ( 3 , 1 8 2 , 3 0 5 ) Hu m a n s e r v i c e s 2 4 8 , 6 6 6 - 3 4 9 , 9 7 8 - 1 0 1 , 3 1 2 - 1 0 1 , 3 1 2 Cu l t u r e a n d r e c r e a t i o n 4 0 , 7 8 2 , 8 1 7 7 , 1 0 3 , 4 2 0 2 , 0 7 7 , 1 7 8 7 6 7 , 8 1 8 ( 3 0 , 8 3 4 , 4 0 1 ) - ( 3 0 , 8 3 4 , 4 0 1 ) In t e r e s t o n l o n g - t e r m d e b t 6 8 9 , 6 2 5 - - - ( 6 8 9 , 6 2 5 ) - ( 6 8 9 , 6 2 5 ) To t a l g o v e r n m e n t a l a c t i v i t i e s 1 8 5 , 1 2 9 , 3 4 0 4 1 , 9 9 6 , 6 3 6 6 , 8 9 2 , 5 6 4 2 , 3 2 6 , 1 8 5 ( 1 3 3 , 9 1 3 , 9 5 5 ) - ( 1 3 3 , 9 1 3 , 9 5 5 ) Bu s i n e s s - t y p e a c t i v i t i e s : W a t e r & S e w e r U t i l i t y 6 9 , 5 5 0 , 1 9 6 7 0 , 8 4 8 , 1 7 1 - 3 , 2 9 7 , 7 9 2 - 4 , 5 9 5 , 7 6 7 4 , 5 9 5 , 7 6 7 Ga s U t i l i t y 3 3 , 3 5 2 , 1 4 4 4 1 , 1 4 3 , 0 2 3 - - - 7 , 7 9 0 , 8 7 9 7 , 7 9 0 , 8 7 9 So l i d W a s t e U t i l i t y 2 2 , 4 8 5 , 7 0 5 2 0 , 4 0 1 , 2 7 2 - - - ( 2 , 0 8 4 , 4 3 3 ) ( 2 , 0 8 4 , 4 3 3 ) St o r m w a t e r U t i l i t y 1 6 , 1 0 9 , 9 6 0 1 7 , 1 6 2 , 1 6 1 - 6 4 2 , 2 6 5 - 1 , 6 9 4 , 4 6 6 1 , 6 9 4 , 4 6 6 Re c y c l i n g U t i l i t y 2 , 4 5 5 , 2 2 9 2 , 2 6 0 , 3 0 9 - - - ( 1 9 4 , 9 2 0 ) ( 1 9 4 , 9 2 0 ) Ma r i n e 4 , 1 8 2 , 0 5 5 4 , 3 5 2 , 2 0 6 - 5 , 0 9 0 - 1 7 5 , 2 4 1 1 7 5 , 2 4 1 Av i a t i o n 3 9 8 , 9 8 8 2 8 2 , 4 5 6 - 7 1 6 , 8 0 1 - 6 0 0 , 2 6 9 6 0 0 , 2 6 9 N e t ( E x p e n s e ) R e v e n u e a n d C h a n g e s i n N e t P o s i t i o n Ci t y o f C l e a r w a t e r , F l o r i d a St a t e m e n t o f A c t i v i t i e s Fo r t h e Y e a r E n d e d S e p t e m b e r 3 0 , 2 0 1 5 21 Pa r k i n g S y s t e m 4 , 7 2 4 , 2 7 3 6 , 2 1 4 , 9 2 8 - - - 1 , 4 9 0 , 6 5 5 1 , 4 9 0 , 6 5 5 Cl e a r w a t e r H a r b o r M a r i n a 9 1 0 , 5 4 8 6 6 4 , 2 0 1 5 0 , 0 0 0 - - ( 1 9 6 , 3 4 7 ) ( 1 9 6 , 3 4 7 ) To t a l b u s i n e s s - t y p e a c t i v i t i e s 1 5 4 , 1 6 9 , 0 9 8 1 6 3 , 3 2 8 , 7 2 7 5 0 , 0 0 0 4 , 6 6 1 , 9 4 8 - 1 3 , 8 7 1 , 5 7 7 1 3 , 8 7 1 , 5 7 7 To t a l p r i m a r y g o v e r n m e n t 3 3 9 , 2 9 8 , 4 3 8 $ 2 0 5 , 3 2 5 , 3 6 3 $ 6 , 9 4 2 , 5 6 4 $ 6 , 9 8 8 , 1 3 3 $ ( 1 3 3 , 9 1 3 , 9 5 5 ) 1 3 , 8 7 1 , 5 7 7 ( 1 2 0 , 0 4 2 , 3 7 8 ) Ge n e r a l r e v e n u e s : T a x e s : P r o p e r t y t a x e s 4 0 , 9 2 5 , 4 2 2 - 4 0 , 9 2 5 , 4 2 2 S a l e s t a x e s 1 6 , 8 3 3 , 4 0 1 - 1 6 , 8 3 3 , 4 0 1 U t i l i t y t a x e s 1 4 , 0 9 4 , 4 4 7 - 1 4 , 0 9 4 , 4 4 7 C o m m u n i c a t i o n s s e r v i c e s t a x e s 4 , 9 1 8 , 6 1 2 - 4 , 9 1 8 , 6 1 2 O t h e r t a x e s 7 , 9 6 9 , 1 2 4 - 7 , 9 6 9 , 1 2 4 I n v e s t m e n t e a r n i n g s ( l o s s ) 3 , 2 7 8 , 5 9 4 4 , 0 8 6 , 5 0 3 7 , 3 6 5 , 0 9 7 M i s c e l l a n e o u s 2 5 , 5 0 8 - 2 5 , 5 0 8 Tr a n s f e r s 9 , 3 3 0 , 0 7 9 ( 9 , 3 3 0 , 0 7 9 ) - T o t a l g e n e r a l r e v e n u e s a n d t r a n s f e r s 9 7 , 3 7 5 , 1 8 7 ( 5 , 2 4 3 , 5 7 6 ) 9 2 , 1 3 1 , 6 1 1 C h a n g e i n n e t p o s i t i o n b e f o r e e x t r a o r d i n a r y i t e m ( 3 6 , 5 3 8 , 7 6 8 ) 8 , 6 2 8 , 0 0 1 ( 2 7 , 9 1 0 , 7 6 7 ) Ex t r a o r d i n a r y I t e m - B P O i l s e t t l e m e n t p r o c e e d s 6 , 4 8 0 , 3 5 2 - 6 , 4 8 0 , 3 5 2 C h a n g e i n n e t p o s i t i o n ( 3 0 , 0 5 8 , 4 1 6 ) 8 , 6 2 8 , 0 0 1 ( 2 1 , 4 3 0 , 4 1 5 ) Ne t p o s i t i o n - b e g i n n i n g ( a s p r e v i o u s l y r e p o r t e d ) 4 0 6 , 8 4 1 , 4 2 8 4 0 4 , 3 1 2 , 2 5 5 8 1 1 , 1 5 3 , 6 8 3 Pr i o r p e r i o d r e s t a t e m e n t s ( S e e N o t e I V . J . ) 6 4 , 4 2 2 , 9 0 0 2 3 , 2 6 8 , 9 1 2 8 7 , 6 9 1 , 8 1 2 Ne t p o s i t i o n - - b e g i n n i n g ( r e s t a t e d ) 4 7 1 , 2 6 4 , 3 2 8 4 2 7 , 5 8 1 , 1 6 7 8 9 8 , 8 4 5 , 4 9 5 Ne t p o s i t i o n - - e n d i n g 4 4 1 , 2 0 5 , 9 1 2 $ 4 3 6 , 2 0 9 , 1 6 8 $ 8 7 7 , 4 1 5 , 0 8 0 $ Th e n o t e s t o t h e f i n a n c i a l s t a t e m e n t s a r e a n i n t e g r a l p a r t o f t h i s s t a t e m e n t . SpecialCapitalOtherTotals GeneralDevelopmentImprovementGovernmentalGovernmental FundFundFundFundsFunds ASSETS Cash and investments $31,172,646 $6,423,593 $49,951,225 $20,077,633 $107,625,097 Receivables (net where applicable, of allowances for estimated uncollectible amounts): Accrued interest 123,987 161,679 1,183 65,951 352,800 Accounts and contracts 385,091 - - - 385,091 Mortgages, notes and other loans - - - 5,072,390 5,072,390 Property taxes 127,292 7,857 - - 135,149 Utility taxes 1,008,873 - - - 1,008,873 Franchise fees 928,867 - - - 928,867 Other 249,318 - 1,968 8,148 259,434 Due from other governmental entities - grants - - - 124,592 124,592 Due from other governmental entities - other 1,993,032 1,924,764 - 228,204 4,146,000 Land held for resale - - - 3,338,752 3,338,752 Inventories, at cost 40,535 - - - 40,535 Advances to other funds - - - 325,440 325,440 Total assets $36,029,641$8,517,893$49,978,912$29,241,110 $123,767,556 LIABILITIES Accounts and contracts payable $1,350,896 $- $1,491,308 $432,945 $3,275,149 Accrued payroll 1,928,014 - - 36,708 1,964,722 Due to other funds - - 670,838 316,667 987,505 Due to other funds (deficit in pooled cash)- - - 24,536 24,536 Due to other governmental entities 82,652 329,073 - 48,899 460,624 Deposits 5,300 - - - 5,300 Construction escrows - - - 3,383 3,383 Unearned revenue 635,818 7,857 - - 643,675 Advances from other funds - - 748,663 958,773 1,707,436 Total liabilities 4,002,680336,9302,910,809 1,821,911 9,072,330 FUND BALANCES (DEFICITS) Nonspendable inventories and prepaid items 40,535 - - - 40,535 Restricted - 3,112,122 31,986,905 22,140,204 57,239,231 Committed - 253,297 16,304,582 3,609,753 20,167,632 Assigned 446,809 4,815,544 - 2,999,108 8,261,461 Unassigned 31,539,617 - (1,223,384) (1,329,866) 28,986,367 Total fund balances 32,026,961 8,180,963 47,068,103 27,419,199 114,695,226 Total liabilities and fund balances $36,029,641 $8,517,893 $49,978,912 $29,241,110 $123,767,556 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Balance Sheet Governmental Funds September 30, 2015 22 Total fund balances of governmental funds 114,695,226$ Capital assets used in governmental activities are not financial resources, therefore, are not reported in the funds. The cost of the assets totals $528,762,251 and the accumulated depreciation totals $243,397,991 285,364,260 Other assets are prepaid or are not available as financial resources and, therefore, are deferred in the funds: Accrued property taxes 135,149 Accrued liens 385,127 Accrued permit fees 123,398 643,674 The net pension asset related to governmental activities does not represent financial resources and is not reported in the funds.843,464 Deferred outflows are not current assets or financial resources and, therefore, are not reported in the funds39,089,379 Deferred inflows are not current liabilities or financial uses and, therefore, are not reported in the funds(2,137,165) Accrued pollution remediation obligation expenses are not financial uses and, therefore, are not reported in the funds.(244,125) Accrued general long-term debt interest expenses are not financial uses and, therefore, are not reported in the funds.(35,492) The assets and liabilities of the internal service funds (funds used to charge the costs of certain activities to individual funds) are included in the governmental activities in the statement of net position. Net position of internal service funds 58,693,869 Less: Capital assets included in total governmental capital assets above(22,359,363) Less: Deferred outflows included in total governmental above(4,131,930) Add: Deferred inflows included in total governmental above225,908 Add: Capital lease purchases payable included in total governmental below 13,661,787 Add: Compensated absences included in total governmental below 696,067 Add: Other post-employment benefits included in total governmental below1,201,247 Add: Net pension liability included in total governmental below572,611 Less: Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds 48,093,463 Long-term liabilities, including bonds payable, are not due and payable in the current period and accordingly are not reported in the funds. Long-term liabilities at year-end consist of: Bonds payable (8,255,000) Add: Issuance premium (to be amortized as a reduction of interest expense)(141,728) Capital lease purchases payable (14,033,252) Other post-employment benefits (9,526,791) Compensated absences (7,732,915) Net pension liability (5,417,086) (45,106,772) Total net position of governmental activities 441,205,912$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2015 (466,733) 23 SpecialCapitalOtherTotal GeneralDevelopmentImprovementGovernmentalGovernmental FundFundFundFundsFunds REVENUES Taxes: Property$38,969,608 $1,949,511 $- $- $40,919,119 Sales - 10,187,514 - - 10,187,514 Utility14,094,447 - - - 14,094,447 Communications services4,918,612 - - - 4,918,612 Other taxes2,028,722 1,490,308 - - 3,519,030 Total taxes60,011,389 13,627,333 - - 73,638,722 Franchise fees9,872,948 - - - 9,872,948 Licenses, permits, and fees3,048,774 1,359,064 - - 4,407,838 Intergovernmental: Federal - - - 1,408,884 1,408,884 State12,882,719 - 440,240 1,184,151 14,507,110 Local8,367,414 1,341,676 - 1,948,057 11,657,147 Total intergovernmental21,250,133 1,341,676 440,240 4,541,092 27,573,141 Charges for services14,466,100 - - 1,364,328 15,830,428 Fines and forfeitures1,227,072 - - 410,576 1,637,648 Investment earnings687,608 1,007,291 7,179 458,197 2,160,275 Miscellaneous2,160,358 - 651,000 1,074,116 3,885,474 Total revenues112,724,382 17,335,364 1,098,419 7,848,309 139,006,474 EXPENDITURES Current: General government12,572,373 - 386,195 200,282 13,158,850 Public safety64,563,604 - 305,909 2,016,005 66,885,518 Physical environment2,993,345 - 83,476 81,440 3,158,261 Transportation5,980,339 - 3,944,647 - 9,924,986 Economic environment1,677,918 - - 2,314,976 3,992,894 Human services- - - 223,207 223,207 Culture and recreation25,896,951 - 809,824 1,631,755 28,338,530 Debt service: Principal - - - 928,476 928,476 Interest & fiscal charges- - 30,438 470,768 501,206 Capital outlay- - 12,075,113 56,751 12,131,864 Total expenditures113,684,530 - 17,635,602 7,923,660 139,243,792 Excess (deficiency) of revenues over / (under) expenditures(960,148) 17,335,364 (16,537,183) (75,351) (237,318) OTHER FINANCING SOURCES (USES) Transfers in11,074,299 1,097,283 21,802,527 5,412,158 39,386,267 Transfers out(8,982,251) (16,138,213) (1,514,687) (4,554,593) (31,189,744) Other long-term debt issued- - 81,779 - 81,779 Total other financing sources (uses)2,092,048 (15,040,930) 20,369,619 857,565 8,278,302 Net change in fund balances before extraordinary item1,131,900 2,294,434 3,832,436 782,214 8,040,984 EXTRAORDINARY ITEM BP Oil settlement proceeds6,480,352 - - - 6,480,352 Net change in fund balances7,612,252 2,294,434 3,832,436 782,214 14,521,336 Fund balances - beginning (as previously reported)24,414,709 5,886,529 43,235,667 39,020,894 112,557,799 Prior period adjustment (See Note IV.L.)- - - (12,383,909) (12,383,909) Fund balances - beginning (restated)24,414,709 5,886,529 43,235,667 26,636,985 100,173,890 Fund balances - ending$32,026,961 $8,180,963 $47,068,103 $27,419,199 $114,695,226 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2015 24 Net change in fund balances - total governmental funds 14,521,336$ Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures while governmental activities report depreciation expense to allocate those costs over the life of the assets. This is the amount by which capital outlays exceeded depreciation in the current period. Expenditures for capital assets 11,765,863$ Less current year depreciation (11,745,809) 20,054 In the Statement of Activities the loss on disposition of capital assets is reported. The loss is not a use of current resources and thus is not reported in the funds.(88,340) Loan proceeds provide current financial resources to governmental funds; however issuing debt increases long-term liabilities in the Statement of Net Position. In the current year these amounts are: Capital lease proceeds (81,779) Deferred outflows and deferred inflows are not current resources or uses of current financial resources and consequently are not reported in the funds: Current year change in deferred outflows (8,739,364) Current year change in deferred inflows 502,962 Repayment of long term debt principal is an expenditure in the governmental funds, however the repayment reduces long-term liabilities in the Statement of Net Position. Current year amounts are: Revenue bond principal payments 635,000 Capital lease principal payments 293,476 928,476 Net pension asset is not current financial resources and consequently is not reported in the funds. However it is a asset in the Statement of Net Position. Current year change in the net pension asset (219,059) Net pension liability does not require the use of current financial resources and consequently is not reported in the funds. However it is a liability in the Statement of Net Position. Current year change in the net pension liability (34,905,368) Liability for other post-employment benefits (OPEB) does not require the use of current financial resources and consequently is not reported in the funds. However it is a liability in the Statement of Net Position. Current year change in the liability for other post-employment benefits (1,039,832) Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Current year change in compensated absences (547,268) Amortization of bond discounts and premiums 21,232 Current year change in pollution remediation obligation 2,227 Current year change in accrued interest expense 2,117 (521,692) Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Current year change in property taxes receivable 6,303 Current year change in liens receivable 2,664 Current year change in permit fees receivable 28,800 Current year change in accrued intergovernmental revenues (931,779) The net revenues of internal service funds (funds used to charge the costs of certain activities to individual funds) for governmental activities are reported in the Statement of Activities but not in the governmental funds.458,202 Total change in net position of governmental activities (30,058,416)$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds For the Year Ended September 30, 2015 to the Statement of Activities 25 Variance with ActualFinal Budget OriginalFinalAmountsPositive (Negative) Taxes: Property $38,779,620 $38,944,350 $38,969,608 $25,258 Utility taxes14,182,400 14,182,400 14,094,447 (87,953) Communications services5,469,780 4,919,780 4,918,612 (1,168) Other taxes2,135,000 2,135,000 2,028,722 (106,278) Total taxes60,566,800 60,181,530 60,011,389 (170,141) Franchise fees10,090,000 10,090,000 9,872,948 (217,052) Licenses, permits, and fees2,220,500 2,880,500 3,048,774 168,274 Intergovernmental: State 10,248,730 12,340,229 12,882,719 542,490 Local 8,408,380 8,674,160 8,367,414 (306,746) Total intergovernmental18,657,110 21,014,389 21,250,133 235,744 Charges for services14,085,540 14,231,040 14,466,100 235,060 Fines and forfeitures1,034,000 984,000 1,227,072 243,072 Investment earnings512,500 512,500 687,608 175,108 Miscellaneous 1,135,000 1,405,000 2,160,358 755,358 Total revenues108,301,450 111,298,959 112,724,382 1,425,423 EXPENDITURES General government City Council275,880 277,040 269,473 7,567 City Manager's Office1,091,940 1,126,937 1,104,321 22,616 City Attorney's Office1,629,360 1,653,821 1,383,816 270,005 Official Records & Legislative Services1,002,630 1,025,675 987,960 37,715 Public Communications1,012,470 975,550 985,958 (10,408) Finance 2,387,300 2,496,860 2,364,998 131,862 Human Resources1,056,010 1,068,780 1,049,099 19,681 Non-Departmental2,543,210 2,568,210 2,606,505 (38,295) Engineering57,659 58,864 55,967 2,897 Planning1,481,600 1,455,690 1,467,558 (11,868) City Auditor's Office196,560 200,060 199,486 574 Total general government12,734,619 12,907,487 12,475,141 432,346 Public safety Police 36,609,711 37,691,985 36,895,324 796,661 Fire 23,421,610 24,617,585 24,086,863 530,722 Development & Neighborhood Services3,398,130 3,521,805 3,449,874 71,931 Total public safety63,429,451 65,831,375 64,432,061 1,399,314 Physical environment Engineering2,565,834 2,619,444 2,490,529 128,915 Parks and Recreation 575,220 586,200 580,449 5,751 Total physical environment3,141,054 3,205,644 3,070,978 134,666 Transportation Engineering4,740,966 4,782,428 4,663,238 119,190 Parks and Recreation1,304,440 1,324,570 1,223,355 101,215 Total transportation6,045,406 6,106,998 5,886,593 220,405 Economic environment Economic Development1,609,830 1,675,545 1,663,052 12,493 Total economic environment1,609,830 1,675,545 1,663,052 12,493 Culture and recreation Parks and Recreation19,380,590 19,426,610 19,340,624 85,986 Library 5,391,810 5,502,200 5,480,430 21,770 Marine 850,720 892,970 889,058 3,912 Total culture and recreation25,623,120 25,821,780 25,710,112 111,668 Total expenditures (budgetary basis)112,583,480 115,548,829 113,237,937 2,310,892 Excess (deficiency) of revenues over expenditures (budgetary basis)(4,282,030) (4,249,870) (513,555) 3,736,315 OTHER FINANCING SOURCES (USES) Transfers in 9,071,110 11,241,677 11,074,299 (167,378) Transfers out(4,425,070) (9,041,904) (8,982,251) 59,653 Total other financing sources (uses) (budgetary basis)4,646,040 2,199,773 2,092,048 (107,725) Excess (deficiency) of revenues and other financing sources over expenditures and other financing uses (budgetary basis) before extraordinary item364,010 (2,050,097) 1,578,493 3,628,590 EXTRAORDINARY ITEM BP Oil settlement proceeds- 6,480,352 6,480,352 - Excess (deficiency) of revenues and other financing sources over expenditures and other financing uses (budgetary basis) Encumbered purchase orders, beginning of year- - (893,402) (893,402) Encumbered purchase orders, end of year- - 446,809 446,809 Excess (deficiency) of revenues and other financing sources over expenditures and other financing uses (GAAP basis) Fund balances - beginning24,414,709 24,414,709 24,414,709 - Fund balances - ending$24,778,719 $28,844,964 $32,026,961 $3,181,997 The notes to the financial statements are an integral part of this statement. REVENUES 364,010 4,430,255 8,058,845 City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (Non-GAAP Budgetary Basis) General Fund For the Year Ended September 30, 2015 364,010 4,430,255 7,612,252 3,181,997 Budgeted Amounts 3,628,590 26 Variance with Final Budget ActualPositive OriginalFinalAmounts(Negative) REVENUES Taxes: Property$1,920,480 $1,948,250 $1,949,511 $1,261 Sales 9,453,580 9,453,580 10,187,514 733,934 Other taxes1,424,090 1,424,090 1,490,308 66,218 Total taxes12,798,150 12,825,920 13,627,333 801,413 Licenses, permits, and fees221,180 1,049,520 1,359,064 309,544 Intergovernmental: Local- - 1,341,676 1,341,676 Investment earnings35,000 524,310 1,007,291 482,981 Total revenues13,054,330 14,399,750 17,335,364 2,935,614 EXPENDITURES Total expenditures- - - - Excess of revenues over expenditures13,054,330 14,399,750 17,335,364 2,935,614 OTHER FINANCING SOURCES (USES) Transfers in- - 1,097,284 1,097,284 Transfers out(14,719,960) (14,985,394) (16,138,214) (1,152,820) Total other financing sources (uses)(14,719,960) (14,985,394) (15,040,930) (55,536) Excess / (Deficiency) of revenues and other sources over expenditures and other uses(1,665,630) (585,644) 2,294,434 2,880,078 Fund balances - beginning5,886,529 5,886,529 5,886,529 - Fund balances - ending$4,220,899 $5,300,885 $8,180,963 $2,880,078 The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2015 Budgeted Amounts City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Special Development Fund 27 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility ASSETS Current assets: Cash and investments$37,929,997 $38,206,640 $31,794,946 Accrued interest receivable235,006 130,140 113,006 Accounts and contracts receivable: Billed3,829,926 1,051,895 1,130,355 Unbilled charges estimated2,686,600 1,722,800 850,292 6,516,526 2,774,695 1,980,647 Less: Allowance for uncollectable accounts(110,759) (42,822) (28,826) Total receivables, net6,405,767 2,731,873 1,951,821 Other receivables70,840 137,565 - Due from other funds- - - Due from other governmental entities853,101 103,061 - Inventories, at cost784,060 1,990,066 - Prepaid expenses and other assets4,404 - 440 Total current assets - unrestricted46,283,175 43,299,345 33,860,213 Current assets - restricted: Restricted cash and investments10,910,856 2,901,943 1,065,879 Due from other governmental entities425,741 - - Total current assets - restricted11,336,597 2,901,943 1,065,879 Total current assets57,619,772 46,201,288 34,926,092 Noncurrent assets: Restricted: Restricted cash and investments27,798,460 300,000 - Other receivables187,113 - - Advances to other funds- - - Capital assets: Land and other nondepreciable assets8,046,813 354,684 1,094,865 Capital assets, net of accumulated depreciation267,067,907 56,019,352 1,761,437 Total noncurrent assets303,100,293 56,674,036 2,856,302 Total assets360,720,065 102,875,324 37,782,394 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts on refunding2,892,448 734,636 - Deferred outflows on pension4,574,947 2,345,025 3,043,826 Total deferred outflows of resources7,467,395 3,079,661 3,043,826 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2015 Business-type Enterprise 28 Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds $29,096,129 $13,735,796 $150,763,508 $56,742,621 100,243 74,877 653,272 176,254 936,893 31,844 6,980,913 - 1,438,000 - 6,697,692 - 2,374,893 31,844 13,678,605 - (23,958) - (206,365) - 2,350,935 31,844 13,472,240 - - - - 208,405 38,488 - - - 1,099,430 43,966 436,881 1,437,009 - - 34,778 2,808,904 429,235 - - 4,844 1,746,918 31,591,273 14,314,176 169,348,182 60,232,946 1,375,313 9,300,000 25,553,991 - - - 425,741 - 1,375,313 9,300,000 25,979,732 - 32,966,586 23,614,176 195,327,914 60,232,946 1,792,301 - 29,890,761 - - - 187,113 - - - - 1,473,650 24,252,300 5,643,230 39,391,892 729,591 48,524,787 16,088,921 389,462,404 21,629,772 74,569,388 21,732,151 458,932,170 23,833,013 107,535,974 45,346,327 654,260,084 84,065,959 1,366,893 - 4,993,977 - 1,315,751 787,814 12,067,363 4,131,930 2,682,644 787,814 17,061,340 4,131,930 (Continued) Activities Funds 29 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2015 Business-type Enterprise LIABILITIES Current liabilities: Accounts and contracts payable4,718,227 2,164,703 540,500 Accrued payroll257,437 131,093 155,497 Accrued interest payable13,865 12,667 4,809 Deposits - - - Unearned revenue and liens- - - Current portion of long-term liabilities: Compensated absences399,613 319,914 189,655 Revenue bonds1,062,500 912,083 - Capital lease purchases payable57,484 - - Due to other funds- - - Claims payable- - - Total current liabilities (payable from current assets)6,509,126 3,540,460 890,461 Current liabilities (payable from restricted assets): Construction contracts payable363,560 - - Accrued interest payable2,469,522 28,036 - Current portion of long-term liabilities, revenue bonds5,312,500 82,917 - Customer deposits3,191,015 2,790,990 1,065,879 Total current liabilities payable from restricted assets11,336,597 2,901,943 1,065,879 Total current liabilities17,845,723 6,442,403 1,956,340 Noncurrent liabilities: Compensated absences305,947 244,930 145,202 Other postemployment benefits1,462,889 691,688 1,061,386 Revenue bonds (net of unamortized premiums/discounts)153,266,502 11,570,705 - Capital lease purchases payable119,524 - - Unearned revenue187,113 - - Advances from other funds- - - Claims payable- - - Net pension liability634,006 324,978 421,819 Total non-current liabilities155,975,981 12,832,301 1,628,407 Total liabilities173,821,704 19,274,704 3,584,747 DEFERRED INFLOWS Deferred inflows on pension250,129 128,211 166,418 Total deferred inflows of resources250,129 128,211 166,418 NET POSITION Net investment in capital assets118,188,658 44,542,967 2,856,302 Restricted for: Revenue bond debt service and sinking fund requirements18,947,573 82,917 - Revenue bond renewal and replacement requirements12,406,758 300,000 - Water and sewer impact fees1,756,629 - - Developer agreements- - - Unrestricted42,816,009 41,626,186 34,218,753 Total net position$194,115,627 $86,552,070 $37,075,055 - The notes to the financial statements are an integral part of this statement. 30 Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds Activities Funds 669,995 391,583 8,485,008 2,700,012 68,416 79,915 692,358 273,791 - - 31,341 - - 87,010 87,010 - - 44,856 44,856 446,639 116,931 100,267 1,126,380 394,235 121,250 - 2,095,833 - 71,049 - 128,533 3,956,424 - 20,271 20,271 91,654 - - - 2,208,800 1,047,641 723,902 12,711,590 10,071,555 - - 363,560 - 458,551 - 2,956,109 - 1,333,750 - 6,729,167 - - - 7,047,884 - 1,792,301 - 17,096,720 - 2,839,942 723,902 29,808,310 10,071,555 89,523 76,765 862,367 301,832 389,542 459,539 4,065,044 1,201,247 33,336,422 - 198,173,629 - 30,916 - 150,440 9,705,363 - - 187,113 - - - - 91,654 - - - 7,333,850 182,339 109,176 1,672,318 572,611 34,028,742 645,480 205,110,911 19,206,557 36,868,684 1,369,382 234,919,221 29,278,112 71,937 43,073 659,768 225,908 71,937 43,073 659,768 225,908 39,250,593 21,732,151 226,570,671 8,697,576 2,709,063 - 21,739,553 - - - 12,706,758 - - - 1,756,629 - - 9,300,000 9,300,000 - 31,318,341 13,689,535 163,668,824 49,996,293 $73,277,997 $44,721,686 435,742,435 $58,693,869 Net position of business-type activities$436,209,168 466,733 Adjustment to reflect consolidation of internal service fund activities related to enterprise funds 31 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility Operating revenues: Sales to customers$70,084,906 $38,674,009 $20,203,438 Service charges to customers488,791 2,010,614 96,904 User charges to customers- - 1,817,701 Billings to departments- - - Rentals- - - Other - - - Total operating revenues70,573,697 40,684,623 22,118,043 Operating expenses: Personal services17,097,951 8,261,558 11,407,235 Purchases for resale7,176,114 12,953,822 13,885 Operating materials and supplies3,340,456 818,978 443,390 Transportation1,138,213 552,557 4,820,143 Utility service2,947,554 123,449 110,009 Dumping charges2,269 - 4,217,810 Depreciation13,855,405 2,143,057 349,545 Interfund administrative charges5,870,736 2,433,060 1,495,644 Other current charges: Professional fees1,778,619 878,984 390,421 Advertising59,644 1,066,028 70,808 Communications107,902 135,218 44,292 Printing and binding12,923 21,971 6,843 Insurance718,776 276,654 388,188 Repairs and maintenance6,378,044 200,184 83,229 Rentals17,749 7,004 6,679 Miscellaneous426,377 338,052 84,942 Data processing charges607,176 443,796 240,684 Taxes- 1,895,429 - Total other current charges10,107,210 5,263,320 1,316,086 Total operating expenses61,535,908 32,549,801 24,173,747 Operating income9,037,789 8,134,822 (2,055,704) The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2015 Business-type 32 Governmental Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds $17,367,722 $8,520,334 $154,850,409 $- 77,763 - 2,674,072 - - 227,482 2,045,183 - - - - 48,605,812 - 2,543,889 2,543,889 - - - - 133,700 17,445,485 11,291,705 162,113,553 48,739,512 4,701,896 3,679,105 45,147,745 14,812,323 - 1,928,508 22,072,329 4,234,170 438,257 283,942 5,325,023 890,229 1,037,216 104,975 7,653,104 173,824 24,818 394,071 3,599,901 529,196 169,294 - 4,389,373 - 2,915,457 814,722 20,078,186 5,654,687 1,959,912 1,351,476 13,110,828 293,112 387,616 410,414 3,846,054 4,415,777 4,347 14,856 1,215,683 - 17,440 37,396 342,248 1,120,767 1,004 7,815 50,556 18,541 91,704 90,624 1,565,946 16,092,140 2,410,288 495,270 9,567,015 3,457,837 1,788 27,754 60,974 495,125 61,247 441,500 1,352,118 429,916 222,372 94,632 1,608,660 535,296 - 766 1,896,195 11,709 3,197,806 1,621,027 21,505,449 26,577,108 14,444,656 10,177,826 142,881,938 53,164,649 3,000,829 1,113,879 19,231,615 (4,425,137) (Continued) Activities Funds 33 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2015 Business-type Nonoperating revenues (expenses): Investment earnings1,455,231 817,940 710,101 Interest expense(7,277,456) (446,115) (5,909) Bond issuance costs(76,332) - - Gain on exchange of capital assets- - - Loss on exchange of capital assets- - - Other274,474 458,400 543,538 Total nonoperating revenue (expenses)(5,624,083) 830,225 1,247,730 Income (loss) before contributions and transfers3,413,706 8,965,047 (807,974) Capital grants and contributions3,297,792 - - Transfers in- 850,000 - Transfers out(3,742,651) (3,854,100) (1,209,671) Change in net position2,968,847 5,960,947 (2,017,645) Total net position - beginning (as previously reported)182,381,891 76,115,199 33,268,156 Prior period restatements (Note IV.J.)8,764,889 4,475,924 5,824,544 Total net position - beginning (restated)191,146,780 80,591,123 39,092,700 Total net position - ending$194,115,627 $86,552,070 $37,075,055 Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Change in net position of business-type activities (page 21) The notes to the financial statements are an integral part of this statement. 34 Governmental Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds Activities Funds 629,850 473,381 4,086,503 1,161,403 (1,148,865) (590) (8,878,935) (230,213) - - (76,332) - - - 544,272 (275,455) - (275,455) (59,012) (283,324) 272,086 1,265,174 276,895 (1,077,794) 744,877 (3,879,045) 1,693,345 1,923,035 1,858,756 15,352,570 (2,731,792) 642,265 721,891 4,661,948 - 539,173 25,000 1,414,173 1,133,556 (897,720) (1,040,110) (10,744,252) - 2,206,753 1,565,537 10,684,439 (1,598,236) 68,416,922 41,606,916 52,155,597 2,654,322 1,549,233 8,136,508 71,071,244 43,156,149 60,292,105 $73,277,997 $44,721,686 $58,693,869 (2,056,438) $8,628,001 35 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers$70,385,410 $40,991,886 $22,070,317 Cash received from other funds- - - Cash payments to suppliers(21,564,541) (18,087,830) (5,297,995) Cash payments to employees(11,284,446) (5,941,118) (7,512,016) Cash payments to other funds(9,020,526) (3,668,806) (6,944,719) Other revenues274,474 458,400 543,538 Net cash provided by operating activities28,790,371 13,752,532 2,859,125 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds- 850,000 - Transfers to other funds(3,742,651) (3,854,100) (1,209,671) Receipt of cash on loans to/from other funds- - - Payment of cash on loans to/from other funds- - - Net cash provided (used) by noncapital financing activities(3,742,651) (3,004,100) (1,209,671) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt(32,167,760) (824,919) (31,855) Interest paid(7,702,529) (443,969) (4,609) Acquisition of capital assets(13,645,907) (5,364,109) (252,067) Sale of capital assets- - - Proceeds from issuance of debt26,325,628 - - Payment of bond issue costs(76,332) - - Capital contributed by: Other governmental entities8,956,274 - - Property owners16,479 - - Developers713,426 - - Net cash provided (used) by capital and related financing activities(17,580,721) (6,632,997) (288,531) CASH FLOWS FROM INVESTING ACTIVITIES Investment earnings1,515,171 817,658 706,972 Net cash provided by investing activities1,515,171 817,658 706,972 Net increase in cash and cash equivalents8,982,170 4,933,093 2,067,895 Cash and cash equivalents at beginning of year67,657,143 36,475,490 30,792,930 Cash and cash equivalents at end of year$76,639,313 $41,408,583 $32,860,825 Cash and cash equivalents classified as: Cash and investments$37,929,997 $38,206,640 $31,794,946 Restricted cash and investments38,709,316 3,201,943 1,065,879 Total cash and cash equivalents$76,639,313 $41,408,583 $32,860,825 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2015 Business-type 36 Governmental Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds $17,333,169 $11,278,238 $162,059,020 $- - - - 48,735,518 (3,434,150) (3,581,106) (51,965,622) (29,779,381) (3,030,079) (2,621,196) (30,388,855) (9,720,594) (3,341,973) (1,774,925) (24,750,949) (1,608,632) 17,979 272,086 1,566,477 212,886 7,544,946 3,573,097 56,520,071 7,839,797 539,173 25,000 1,414,173 1,133,556 (897,720) (1,040,110) (10,744,252) - - - - 4,661,638 - (20,271) (20,271) (91,653) (358,547) (1,035,381) (9,350,350) 5,703,541 (1,474,487) - (34,499,021) (3,248,380) (1,025,088) (590) (9,176,785) (230,213) (1,887,172) (908,667) (22,057,922) (10,888,501) - - - 485,485 - - 26,325,628 8,233,473 - - (76,332) - 877,582 3,865 9,837,721 - - - 16,479 - - 342,322 1,055,748 - (3,509,165) (563,070) (28,574,484) (5,648,136) 626,921 467,017 4,133,739 1,158,643 626,921 467,017 4,133,739 1,158,643 4,304,155 2,441,663 22,728,976 9,053,845 27,959,588 20,594,133 183,479,284 47,688,776 $32,263,743 $23,035,796 $206,208,260 $56,742,621 $29,096,129 $13,735,796$150,763,508$56,742,621 3,167,614 9,300,000 55,444,752- $32,263,743 $23,035,796 $206,208,260 $56,742,621 (Continued) Activities Funds 37 WaterSolid Waste and SewerGas& Recycling UtilityUtilityUtility Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2015 Business-type Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)$9,037,789 $8,134,822 $(2,055,704) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Other nonoperating revenue274,474 458,400 543,538 Depreciation13,855,405 2,143,057 349,545 Capitalized labor (164,940) (850,360) - Change in assets and liabilities: (Increase) decrease in accounts receivable(351,585) 222,227 (37,840) (Increase) decrease in amount due from other governments(508,843) (103,061) - (Increase) decrease in inventory(77,669) (29,579) - (Increase) decrease in prepaid expenses(4) - (440) Increase (decrease) in accounts and contracts payable623,879 640,524 174,693 Increase (decrease) in deposits payable163,298 93,256 (9,886) Increase (decrease) in unearned revenue- - - Increase (decrease) in net pension liability4,568,132 2,341,531 3,039,291 Increase (decrease) in accrued payroll25,564 38,047 18,078 Increase (decrease) in other postemployment benefits266,958 111,152 120,688 (Increase) decrease in deferred outflows1,143,737 586,256 760,956 Increase (decrease) in deferred inflows(65,824) (33,740) (43,794) Total adjustments19,752,582 5,617,710 4,914,829 Net cash provided by operating activities$28,790,371 $13,752,532 $2,859,125 Non-cash investing, capital and financing activities: Contributions from developers$162,267 $- $- The notes to the financial statements are an integral part of this statement. 38 Governmental Activities - StormwaterOtherInternal Service UtilityFundsTotalFunds Activities Funds $3,000,829 $1,113,879 $19,231,615 $(4,425,137) 17,979 272,086 1,566,477 276,895 2,915,457 814,722 20,078,186 5,654,687 - - (1,015,300) - (112,316) (5,755) (285,269) (4,198) - - (611,904) - - 40,286 (66,962) 101,719 - - (444) (67,734) 51,180 287,682 1,777,958 1,275,641 - (12,798) 233,870 - - 5,086 5,086 (63,805) 1,313,791 786,640 12,049,385 4,125,774 1,151 8,607 91,447 (120,539) 46,868 77,044 622,710 112,962 328,938 196,953 3,016,840 1,032,982 (18,931) (11,335) (173,624) (59,450) 4,544,117 2,459,218 37,288,456 12,264,934 $7,544,946 $3,573,097 $56,520,071 $7,839,797 $- $- $162,267 $- 39 Pension TrustAgency FundsFund ASSETS Cash and investments$3,126,811 $1,612,594 Managed investment accounts, at fair value: Cash and cash equivalents21,307,942 - Government bonds75,308,848 - Index linked government bonds2,024,881 - Agency bonds6,809,064 - Domestic corporate bonds96,045,642 - International equity securities69,637,663 - Domestic stocks398,321,107 - Mortgage backed bonds67,280,842 - Asset backed securities8,083,271 - Other/Rights/Warrants184,045 - Domestic equity mutual funds46,362,735 - International equity mutual funds37,345,061 - Real estate59,090,421 - Total managed investment accounts887,801,522 - Securities lending collateral196,139,408 - Receivables: Interest and dividends2,566,950 303 Unsettled investment sales4,793,812 - Securities lending earnings receivable27,041 - Due from others15,028 - Total receivables7,402,831 303 Total assets 1,094,470,572 1,612,897 LIABILITIES Accounts payable921,265 - Unsettled investment purchases17,813,801 - Obligations under securities lending196,139,408 - Other miscellaneous payables: Downtown Development Board- 99,499 Special purpose funds- 7,833 Other - 1,505,565 Total miscellaneous payables- 1,612,897 Total liabilities 214,874,474 1,612,897 FIDUCIARY NET POSITION Restricted for pensions879,596,098 - Total fiduciary net position $879,596,098 $- The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Fiduciary Net Position Fiduciary Funds September 30, 2015 40 City of Clearwater, Florida Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2015 Pension Trust Funds ADDITIONS Contributions: Contributions from employer$14,923,098 Contributions from employer - state tax2,092,231 Contributions from employees6,483,666 Total contributions23,498,995 Investment income: Net (depreciation) in fair value of investments(18,828,394) Interest 9,623,278 Dividends 9,625,834 420,718 Less investment expenses: Investment management / custodian fees(5,224,747) Net income from investing activities (4,804,029) Securities lending income: Gross earnings 603,784 Rebate received 29,839 Bank fees (221,545) Net income from securities lending 412,078 Total additions 19,107,044 DEDUCTIONS Benefits and withdrawal payments: Benefits 42,148,396 Withdrawal payments1,000,827 Total benefits and withdrawal payments43,149,223 Income before adm inistrative expenses(24,042,179) Administrative expenses(343,916) Net decrease (24,386,095) Fiduciary net position restricted for pensions Fiduciary net position - beginning - as previously r eported905,213,472 Correction of an error (See Note IV.K.)(1,231,279) Fiduciary net position - beginning - as res tated903,982,193 Fiduciary net position - ending$879,596,098 The notes to the financial statements are an integral part of this statement. 41 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 42 Note I – Summary of Significant Accounting Policies The City of Clearwater was first incorporated in 1915 and reestablished in 1923 as a municipal corporation by Chapter 9710, Special Laws of Florida, 1923, as amended. The City is a Florida municipal corporation governed by a five member City Council including a mayor-council-member. The City has an estimated population of 110,679 and is located in the four-county Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA), which has an estimated population of 2,934,941. The financial statements of the City of Clearwater, Florida, reporting entity (City) have been prepared in accordance with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the standard-setting body for governmental accounting and financial reporting. The GASB periodically updates its codification of the existing Governmental Accounting and Financial Reporting standards which, along with subsequent GASB pronouncements (Statements and Interpretations), constitutes GAAP for governmental units. The City’s more significant accounting policies are described below. I.A. Financial Reporting Entity In evaluating the City as a reporting entity, management has included in the accompanying financial statements the City of Clearwater (the primary government) and its component units, entities for which the government is considered to be financially accountable. The City has adhered to the standards set forth in GASB Statement No. 14, as amended by GASB Statement No. 39 and GASB Statement No. 61, in reporting the primary government (including blended component units), the reporting entity, and related organizations. Blended Component Unit – Clearwater Community Redevelopment Agency: Component units that meet the criteria for blended presentation in accordance with GASB Statement No. 14, as amended by GASB Statement No. 39 and GASB Statement No. 61, are reported in a manner similar to that of the primary government itself. Accordingly, throughout this report, data presented for the primary government includes data of the following blended component unit. The Clearwater Community Redevelopment Agency (CRA), created by authority of Florida Statute Chapter 163, Part III, and City of Clearwater Resolutions 81-67 and 81-68, although it is legally separate, is reported as if it were part of the City (blended component unit) because the City Council serves as the governing board of the CRA, and city management has operational responsibility for the CRA. Separate financial statements for the CRA are not available. However financial statements for the CRA are included in the City’s comprehensive annual financial report as a governmental non-major special revenue fund and a governmental non-major capital projects fund. Related Organization – Clearwater Housing Authority (CHA): CHA is a public housing authority created by City Resolution 69-5 (1969), under Section 421.04 of the Florida Statutes. CHA receives primary funding from the Federal Department of Housing and Urban Development (HUD). The City Council appoints the governing board, however the City Council is not able to impose its will on the CHA, nor does the City have any responsibility for the budget, debt, financing deficits, or fiscal management of CHA. Consequently it is not a component unit of the City of Clearwater. Separate audited financial statements of CHA as of March 31, 2015 are available from CHA. Related Organization – Downtown Development Board: The City of Clearwater serves as administrative agent for the Clearwater Downtown Development Board (DDB). The Downtown Development Board is an independent special district of the City of Clearwater with an independent board elected by its members, with its own levy (0.9651 mills for fiscal 2015) on downtown properties, and is not financially dependent upon the City. Consequently it is not a component unit of the City of Clearwater. The DDB’s cash balance held by the City as administrative agent is reflected in the City’s fiduciary agency fund. Separate audited financial statements of the DDB as of September 30, 2015, are available from the DDB. Jointly governed organization – Florida Gas Utility: The City of Clearwater is a member of the Florida Gas Utility (FGU), a non-profit municipal public entity created for the primary purpose of reducing the costs of purchased gas for its members. FGU is a public body corporate and politic pursuant to Section 163.01 Florida Statutes (the Florida Interlocal Cooperation City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 43 Act), as amended, and the Interlocal Agreement, dated September 1, 1989, which was subsequently amended by the Amended Interlocal Agreement on June 1, 1992, amended and restated by the Amended and Restated Interlocal Agreement, dated July 1, 1996, then amended and restated by the Second Amended and Restated Interlocal Agreement, dated July 27, 1999, and then amended and restated by the Third Amended and Restated Interlocal Agreement dated March 25, 2011 (the Interlocal Agreement), executed and delivered among FGU and its members, which include municipalities, municipal utilities, and an interlocal agreement consisting of such entities. Due to the diverse needs of municipal utility systems, FGU established itself as a project-oriented agency. Under this structure, each member has the option whether or not to participate in a project. FGU has the authority to, among other things, plan, finance, acquire, construct, manage, operate, deliver, service, utilize, own, broker, exchange, and distribute natural gas, or other energy and energy services, pursuant to the Interlocal Agreement. As of September 30, 2015, FGU has 22 members. Separate audited financial statements of FGU as of September 30, 2015, are available from FGU. I.B. Basis of Presentation The City’s Basic Financial Statements contain three components: government-wide financial statements, fund financial statements, and notes to the financial statements. I.B.1. Government-wide financial statements. The government-wide financial statements report information on all of the nonfiduciary activities of the primary government and its component unit using the accrual basis of accounting, which is similar to the accounting used by private-sector businesses. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of net position presents information on all of the assets, deferred outflows or resources, liabilities, and deferred inflows of resources of the City. Net position is defined as the residual off all other elements presented in a statement of financial position. Net position is the difference between (a) assets and deferred outflows of resources and (b) liabilities and deferred inflows of resources. Changes in net position may serve as an indicator of whether the financial position of the City is improving or deteriorating. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. The operating grants include operating-specific and discretionary (either operating or capital) grants while the capital grants column reflects capital- specific grants. Taxes and other items not properly included among program revenues are reported instead as general revenues. All revenues and expenses are reported as soon as the underlying transaction has occurred, regardless of when cash is received or paid. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes and other interfund services provided and used. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. I.B.2. Fund financial statements. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. An emphasis is on the major funds in either the governmental or business-type categories. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Non-major funds (by category) are summarized into a single column. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 44 The City reports the following major governmental funds: The General Fund is the government’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Special Development Fund is a special revenue fund used to account for impact fees, property taxes for road improvements, local option gas taxes, infrastructure taxes, and other revenues which are restricted legally or by City Council policy to be used for specific capital improvement projects. The Capital Improvement Fund is used to provide combined accounting presentation for all City capital improvement projects except those financed from proprietary funds or bond proceeds where bond ordinance provisions require the segregation of bond proceeds in separate funds. The City reports the following major enterprise funds: The Water and Sewer Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the water and sewer services of the City from charges made to users of the service. The Gas Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the gas services of the City from charges made to the users of the service. The Solid Waste & Recycling Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the solid waste and recycling services of the City from charges made to the users of the service. Prior to fiscal 2015, the Recycling Utility was reported separately as a nonmajor enterprise fund. The Stormwater Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the stormwater management system of the City from charges assessed against each developed property. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the proprietary fund’s principal ongoing operations. Operating expenses for proprietary funds include the cost of sales and service, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Additionally, the City reports the following fund types: Internal service funds account for fleet management, information technology, telephone, employee relations, facilities management, radio communications, insurance, and risk management services provided to other City departments on a cost reimbursement basis. The Garage, Administrative Services, General Services, and Central Insurance funds primarily benefit governmental funds and are consequently included as governmental activities. Pension trust funds account for the financial operation and condition of the Employees’ Pension Plan, the Firefighters’ Relief and Pension Plan, the Police Supplemental Pension Plan, and the Firefighters Supplemental Pension Plan. The Treasurer’s Escrow Agency Fund accounts for the receipt, custody, and expenditure of monies held temporarily in an agency capacity for other parties. The pension trust funds and the agency fund are fiduciary funds used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not included in the government-wide financial statements because the resources of these funds are not available to support the City’s own programs. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 45 I.C. Measurement Focus and Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. The agency fund included within the fiduciary fund financial statements also uses the accrual basis of accounting but does not have a measurement focus. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers property tax revenues to be available if they are collected within 60 days of the end of the current fiscal year. Other revenues are considered to be available if they are collected within 90 days of fiscal year-end. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Intergovernmental revenues, representing grants and assistance received from other governmental units, are generally recognized as revenues in the period when all eligibility requirements, as defined by GASB Statement No. 33, have been met, and funds are available from the grantor agency or government. Taxes, franchise fees, licenses, and interest associated with the current fiscal period are all considered susceptible to accrual and so have been recognized as revenues of the current fiscal period for the governmental funds. All other revenue items are considered to be measurable and available only when cash is received by the City. I.D. Assets, Liabilities, and Net position or Fund Balance I.D.1. Deposits, pooled cash, and investments Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's funds have equity are held by the City's consolidated pool of cash and investments. The City utilizes the consolidated cash pool to account for cash and investments of all City funds other than those that are required by ordinance to be physically segregated. The consolidated cash pool concept allows each participating fund to benefit from the economies of scale and improved yield that are inherent to a larger investment pool. Formal accounting records detail the individual equities of the participating funds. The cash pool utilizes a single checking account for all City receipts and disbursements. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time and also funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool. All individual fund cash equity in a deficit (overdraft) position with respect to the consolidated cash pool is reclassified at year-end to short-term interfund payables to the Capital Improvement Fund. The Capital Improvement Fund is the fund selected by management to reflect the offsetting interfund receivables in such cases. The City has an agreement with its depository bank to provide that all excess cash is swept daily and automatically into an overnight money market account which pays interest at the federal funds rate, with no requirement for a minimum compensating balance. The federal funds rate was 0.07% at September 30, 2015. This account is collateralized through the State of Florida Public Deposits Program. The City Charter and the current Investment Policy, adopted by the City Council on September 9, 2010, authorize consolidated cash pool investments in the following: direct federal government obligations; federal agencies and instrumentalities; SEC registered money market funds with the highest credit quality rating; interest bearing time deposits or savings accounts in qualified public depositories; debt issued by the State of Florida or any political subdivision thereof City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 46 including pools; securities of open-end or closed-end management-type investment companies as defined in the policy; collateralized repurchase agreements and reverse repurchase agreements; local government investment pools per Section 163.01, Florida Statutes; and commercial paper of prime quality as defined in the policy. All investments are reported at fair value. The City utilizes a very conservative investment philosophy when it invests its pooled cash funds in that the return of the principal is more important than the return on the principal. The City does not actively trade its portfolio and generally holds investments until maturity. Through the use of a laddered approach to maturities and by timing maturities to cash needs, the City does not anticipate selling investments to meet cash flow requirements. Under the City’s Investment Policy, a performance measurement standard has been established. The performance measure chosen is a weighted average of: the overnight interest rate; and three month, six month, one year, three year, five year, and ten year Treasury rates, respectively. For the fiscal year ended September 30, 2015, the performance measure weighted average was 0.64%. The actual pooled cash earnings performance before bank charges was 1.49%. Investments being held outside of the consolidated cash pool include escrowed debt service investments and employee retirement investments. Permissible escrowed debt service investments are specifically defined in each individual debt instrument, but generally follow the same limitations applicable to consolidated cash pool investments. The City maintains four different employee retirement programs, and each one has its own list of permitted investments. Generally, each plan allows the same type of investments as the consolidated cash pool, but additionally allows some portion of its assets to be invested in corporate bonds, notes of corporations, and stocks that are listed on one or more of the recognized national or international stock exchanges. I.D.2. Receivables and payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either “due to/from other funds” (i.e. the current portion of interfund loans) or “advances to/from other funds” (i.e. the non-current portion of interfund loans). All other outstanding balances between funds are reported as “due to/from other funds.” Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances”. All trade and property tax receivables are shown net of an allowance for uncollectible accounts. Trade accounts receivable less than 60 days are included in the trade accounts receivable allowance for uncollectible accounts at the five- year average loss experience rate of 2.77%. Trade accounts receivable in excess of 60 days are reserved at 40%. The property tax receivable allowance for uncollectible accounts is 10% of the current year portion of the receivable, and 30%, 50%, 70%, 90%, and 95% for the receivable portions attributable to the prior five years respectively (fiscal 2010 thru 2014), and 100% of the receivable attributable to fiscal years 2009 and prior. Property tax revenue is recognized in the fiscal year for which the taxes are levied, provided the availability test is met, in conformance with National Council on Governmental Accounting Interpretation No. 3. Property taxes for the following fiscal year are levied by City Council action in September of each year. This levy is apportioned to property owners based on the previous January 1 assessed values. Tax bills are mailed out on or about November 1, and the collection period runs from November 1 through March 31. On April 1, unpaid property taxes are considered delinquent and become a lien. Tax certificates are sold in June for real property with delinquent taxes. Since taxes are not collected prior to November 1, the City does not record revenue for advance collections. Uncollected taxes receivable at year-end are recorded, with an appropriate allowance for estimated uncollectible amounts. The net amount deemed to be collectible but not current (not expected to be collected within sixty days after the close of the fiscal year) is shown as deferred revenue in the appropriate fund. All delinquent property taxes, except those levied specifically for the restricted purposes of financing activities accounted for in the Special Development Fund, are recorded in the General Fund. Property tax revenues are recognized in the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 47 General Fund and the required transfers to the appropriate debt service or pension fund are recorded as operating transfers from the General Fund. The City is permitted by State law to levy ten mills without referendum. Additional millage not subject to the ten mill limitation is authorized if approved by referendum, for a period not to exceed two years. The tax rate of 5.1550 mills for the year ended September 30, 2015 was the same rate that was levied for the five preceding fiscal years. Water, gas, stormwater, solid waste and recycling charges to customers are based on actual consumption. Consumption is determined on a monthly cycle basis. The City recognizes the unbilled consumption as revenue as of September 30th. I.D.3. Inventories, prepaid items and land held for resale Inventories of proprietary funds are stated at cost and valued on the first-in first-out (FIFO) basis. In governmental funds, the majority of inventory items are accounted for under the purchases method, which provides that expenditures are recognized when the inventory item is purchased. The only governmental fund inventory that is accounted for under the consumption method is the General Fund inventory of items for resale at the City’s public fishing pier. Under the consumption method, the expenditure/expense is recognized when the inventory item is sold (or consumed). Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. Land held for resale is intended to be sold and not to be used for City purposes. It is classified as a current asset and is recorded at acquisition cost, including costs incurred for pollution remediation, where applicable. I.D.4. Restricted assets Certain resources of the City’s enterprise funds are classified as restricted assets. Restricted assets include: Water and Sewer improvement charges restricted by the authorizing ordinances to the construction of additions and improvements to the water and sewer systems; Gas Utility and Solid Waste & Recycling Utility restricted customer deposits; and assets of the Water & Sewer Utility, Gas Utility, and Stormwater Utility funds restricted under the provisions of authorizing ordinances for revenue bonds to the payment of future revenue bond debt service, system construction, and renewals and replacements. I.D.5. Capital assets Capital assets, which include property, plant, equipment, and certain infrastructure assets, (e.g. roads, bridges, etc.) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets, as defined by the City, are assets with an initial individual cost of more than $5,000 (amount not rounded). Individual assets that cost less than $5,000, but that operate as part of a network system, may be capitalized in the aggregate, using the group method. Additionally, higher thresholds for capitalization apply to the following categories: land improvements, $50,000; buildings, building improvements, and utility systems, $100,000; intangible assets, $100,000; and infrastructure, $500,000. Capital assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed. The total interest expense incurred by business-type activities during the current fiscal year was $8,878,935. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 48 Interest expense amounts were netted against related project interest earnings of $0, $0, and $0, respectively, to arrive at net capitalized interest of $273,304, $79,105 and $35,526 for water & sewer, gas, and stormwater system projects, respectively. Property, plant, equipment, and intangible assets of the primary government are depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 10 – 40 Public domain infrastructure 20 – 40 Utility systems 18 – 40 Machinery & equipment 3 – 15 Vehicles 5 – 10 Intangible assets 5 – 20 I.D.6. Compensated absences It is the City’s policy to permit employees to accumulate earned but unused vacation and sick pay benefits. Vacation and sick leave “caps” vary depending upon an employee’s bargaining unit, hire date, etc, but generally employees may accumulate vacation time not exceeding 320 hours and sick leave not exceeding 1,560 hours. Upon retirement from City service a qualified employee is paid for all vacation time not exceeding the applicable vacation “cap” and one-half of accumulated unused sick leave not exceeding the sick leave cap (i.e. maximum pay-out of 780 hours for an employee with a 1,560 hour cap). The City accrues for all earned but unused vacation pay up to the applicable cap and the portion of unused sick leave estimated to be payable upon retirement. The current portion of compensated absences is the amount estimated to be used in the following year. For governmental activities, compensated absences are liquidated within the same governmental funds where the employee vacation and/or sick leave was earned. I.D.7. Long-term obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts, are deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are expended when incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. I.D.8. Deferred outflows/inflows of resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption on net City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 49 position that applies to a future period(s) and so will not be recognized as an outflow of resources (expenditure/expense) until that time. The City reports deferred outflows related to bond refundings and pensions. Similarly, in addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies for a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City reports deferred inflows related to pensions. In accordance with GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position, deferred outflows related to deferred amounts on bond refundings are reported in the Water and Sewer Utility, Gas Utility and Stormwater Utility funds, as well as in the government-wide statements. These amounts represent the difference between the reacquisition price and the net carrying amount of the old debt, which is amortized over the remaining life of the old debt or the life of the new debt, whichever is shorter. In accordance with GASB Statement No. 68, Accounting and Financial Reporting for Pensions, changes in total pension liability arising from the differences between expected and actual experience, changes of assumption of future economic and demographic factors and the net difference between projected and actual earnings on pension plan investments are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements. Changes between expected and actual experience and changes of assumptions are recognized in pension expense over a closed period equal to the average of the expected remaining service lives of all active and inactive employees, while the difference between projected and actual earnings is recognized in pension expense over a closed five-year period. I.D.9. Net position flow assumption Sometimes the City will fund outlays for a particular purpose from both unrestricted resources and restricted resources, such as restricted bond or grant proceeds. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted net position to have been depleted before unrestricted net position is applied. I.D.10. Fund balance flow assumption Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 50 I.D.11. Fund balance policies The fund balance of governmental funds is reported in various classifications that comprise a hierarchy based primarily on the extent to which the government is bound to observe constraints imposed upon the use of the resources reported in the governmental funds. Each classification of fund balance is based on the relative strength of the constraints that control how specific amounts can be spent. The order of spending follows the same hierarchy. Restricted resources are applied first when expenditures are incurred for purposes for which either restricted or unrestricted (committed, assigned or unassigned) amounts are available. Similarly, within unrestricted fund balance, committed amounts are reduced first followed by assigned, and then unassigned amounts when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Nonspendable fund balance represents amounts that cannot be spent, such as inventories, prepaid amounts, and amounts that are legally or contractually required to remain intact. Restricted fund balance includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. Committed fund balance includes amounts that can be used only for the specific purposes determined by the adoption of an ordinance prior to the end of the fiscal year by the City Council, the highest level of decision-making authority. Once adopted by ordinance, a commitment can only be revised or removed by the adoption of another ordinance. Assigned fund balance includes amounts that are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed because they are supported by management’s intent rather than a formal action of the City Council. The Finance Director is authorized by Section 2.511 of the Code of Ordinances to assign fund balance. Since assignments only exist temporarily, no further action is required to revise or remove them. Unassigned fund balance includes amounts not classified in the above categories. Positive unassigned fund balance may only be reported in the general fund. In all other funds, unassigned fund balance is limited to negative residual fund balances. Minimum fund balance: Per City Council Policy a minimum General Fund unassigned balance of 8.0% of the subsequent year’s budgeted expenditures must be maintained as a contingency fund for unanticipated financial needs. In addition, 0.5% of the subsequent year’s budgeted expenditures must be maintained to fund unanticipated retirements of employees residing in General Fund departments. Budgeted appropriations will maintain these minimum reserves of 8.5% of subsequent year’s budgeted expenditures, with excess reserves available for specific capital improvement projects or other “one-time” needs. Stabilization arrangement. As of September 30, 2015, the City Council has not established a revenue stabilization reserve. I.D.12. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles (GAAP) requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from the estimates. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 51 Note II – Stewardship, Compliance, and Accountability II.A. Budgets and budgetary accounting Annual budgets are legally adopted for the General Fund, Special Development special revenue fund, and the Community Redevelopment Agency special revenue fund. The budget for the Special Development Fund is adopted on a basis consistent with GAAP, and appropriations lapse at year-end. Appropriations for open encumbered purchase orders at year- end in the General Fund do not lapse, but rather continue until liquidated or otherwise cancelled by City Council action. For the General Fund budgetary comparison statements, actual expenditures have been adjusted to include end-of-year encumbrances and to exclude beginning-of-year encumbrances, in order to provide a meaningful comparison. Except for the treatment of encumbrances and certain transactions relating to interfund loans, the General Fund Budget is adopted on a basis consistent with GAAP, and all non-encumbered appropriations lapse at year-end. The level of budgetary control established by the legislative body, the level on which expenditures may not legally exceed appropriations, is the individual fund. In accordance with provisions of Ordinance 5025-90 and with Section 2.519(4) of the Clearwater Code, the City Manager may transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Such transfers must be included in the next budget review presented to the City Council. Upon detailed written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one fund to another. As established by administrative policy, department directors may transfer money from one operating code to another within a program without a formal written amendment. Formal requests for budget amendments from department directors are required for transfers, capital expenditures, and reserves. Thus, certain object classifications within departmental and/or program budget appropriations are subject to administratively imposed controls, in addition to the legal controls imposed by City Council action described above. The Community Redevelopment Agency (CRA) Fund annual budget is adopted by the trustees of that agency in accordance with state law. The level of budgetary control is the total fund. The CRA Fund Budget is adopted on a basis consistent with GAAP, and all appropriations lapse at year-end. Budget amounts presented in the accompanying financial statements reflect all amendments adopted by the City Council and the governing board of the component unit. All amendments were adopted in conformance with legal requirements. Individual amendments, as well as the net effects of all amendments during the fiscal year, were not material in relation to the original appropriations for the governmental funds in the aggregate. Budgets for the Capital Projects Funds, the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund, and the Pinellas County Local Housing Assistance Trust Fund are adopted on a multi-year completed program basis, where budgetary appropriations do not lapse at year-end, but may extend across two or more fiscal years. A comparison of annual results with these budgets would not be meaningful and is therefore not included in this report. All City Council adopted budgets are integrated into the formal accounting system to allow for monthly comparison of projected and actual results in all funds for which budgets are adopted. Note III – Detailed Notes on All Funds III.A. Deposits and investments Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits, in that additional funds may be deposited at any time and also funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash-equivalent regardless of the maturities of investments held by the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 52 pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. Deposits All cash of the City is entirely insured either by federal depository insurance or via banks’ participation as qualified public depositories pursuant to Florida Statutes, Chapter 280, “Security for Public Deposits”. The City is required to verify that monies are invested in “qualified public depositories” as defined in Florida Statutes section 280.02. Pooled Cash and Investments To increase returns and minimize fees, the City follows the practice of pooling available cash and investments of all funds with the exception of retirement plan investments and assets held under Bond Trust Indenture Agreements. Please refer to Note (I)(D)(1) for a discussion of allowable investments under the pooled cash and investments investment policy. All investments at year-end were in compliance with the pooled cash and investments investment policy. Cash and investments as of September 30, 2015 are classified in the accompanying financial statements as follows: Statement of net position 09/30/15 Primary Government: Cash and investments315,131,226$ Restricted cash and investments55,444,752 Fiduciary Funds: Cash and investments-agency fund1,612,594 Total cash and investments372,188,572$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 53 Carrying% ofMoody's Pooled Cash and Investments Amount Portfolio Less than 1 1-3 Years More than 3 Rating Cash and cash equivalents: Cash on hand47,370$ 0.01%N/A Money Markets14,492,776 3.89%N/A Total cash and cash equivalents14,540,146 Investments:Standard & Local Government Investment Pools:Poor's Rating Florida Safe Investment Pool5,000,658 1.34%5,000,658 - - AAAm Florida Local Government Investment Trust Short Term Bonds56,083,548 15.08%- 56,083,548 - AAAf 61,084,206 5,000,658 56,083,548 - Moody's Rating Treasuries2,134,987 0.57%- 1,063,997 1,070,990 N/A U.S. Agencies: Federal Home Loan Bank (FHLB)82,044,001 22.04%7,505,713 45,371,772 29,166,516 Aaa Federal National Mortgage Assn (FNMA)29,518,388 7.93%- 18,051,272 11,467,116 Aaa Federal Farm Credit Bank (FFCB)27,064,705 7.27%9,513,952 12,535,125 5,015,628 Aaa Government National Mortgage Assn (GNMA)13,505,682 3.63%5,266,083 8,239,599 - Aaa Federal Home Loan Mortgage Corp (FHLMC)39,085,003 10.50%- 33,075,596 6,009,407 Aaa Federal Home Loan Mortgage Corp Zeroes4,681,550 1.26%2,999,730 - 1,681,820 Aaa Other Government Sponsored Agencies4,031,747 1.08%- 3,858,827 172,920 Aaa Federal National Mortgage Assn (FNMA) Zeroes8,819,465 2.37%- - 8,819,465 Aaa Farmer Mac (FAMCA)4,017,436 1.08%2,001,170 2,016,266 - Aaa Small Business Administration (SBA)4,161,653 1.12%385,697 3,428,534 347,422 Aaa Tennessee Valley Authority (TVA) Zeroes2,525,395 0.68%- - 2,525,395 Aaa Total U.S. Agencies219,455,025 27,672,345 126,576,991 65,205,689 Municipal bonds24,714,193 6.64%7,043,798 12,668,050 5,002,345 Aa1/Aa2/Aa3 Municipal bonds14,413,427 3.87%5,710,189 6,693,010 2,010,228 A1/A2/A3 Municipal bonds2,478,116 0.67%954,329 1,523,787 - NR Total municipal bonds41,605,736 13,708,316 20,884,847 7,012,573 Asset Backed Bonds22,465,622 6.04%4,944,649 10,724,877 6,796,096 Aaa Collateralized mortgage obligations10,902,850 2.93%7,270,562 3,632,288 - Aaa Total investments357,648,426 58,596,530 218,966,548 80,085,348 Total pooled cash and investments372,188,572$ 100.00% Investment Maturities in Years City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 54 Interest Rate Risk – Pooled Cash and Investments: As a means of limiting exposure to fair value losses arising from rising interest rates, the City’s pooled cash investment policy prohibits investments in securities maturing more than fifteen years from the date of purchase, unless matched to a specific cash flow requirement. Additionally, the policy allows no more than 10% of the portfolio to have maturities in excess of ten years unless specifically matched against a debt or obligation. Finally, the investment policy states that it is the City’s intent to keep the weighted average maturity to three years or less, except for temporary situations due to market conditions and/or cash needs when the average maturity may exceed three years but shall not exceed five years. Weighted average maturities for the City’s pooled cash investments are indicated in the table above. Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy, in accordance with Florida Statutes, allows investments to direct obligations of the United States, federal agencies, debt issued by the State of Florida or any political subdivision, and commercial paper of prime quality of the highest letter and numerical rating as provided by at least one nationally recognized rating service. Ratings for the City’s pooled cash investments are disclosed in the preceding table. Concentration of Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy limits the investment in any one issuer to 40% of the portfolio. Concentrations for several issuers exceeded 5% as disclosed in the preceding table, though none exceeded the 40% limit per the policy. Pension Plan Assets The City reports four pension funds in the accompanying financial statements. Each of the plans has a separate governing board of trustees, a separate investment policy, and differing investment restrictions/risks. Consequently each is disclosed separately below. All investments at year-end were in compliance with the respective plan investment policies. Please refer to Note (I)(D)(1) for a discussion of allowable investments under the pension plans. Investments are reported at fair value and are managed by third party money managers. The City’s independent custodian and the individual money managers price each instrument (using various third party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 55 Employees Pension Plan At year-end, the Employees’ Pension Plan cash and investment balances were as follows: Carrying% ofWeighted avgMoody's Employees' Pension Plan Cash and Investments Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents - pooled cash 664,633$ 0.08%N/AN/A Cash in managed investment accounts 20,079,929 2.36%N/AN/A Total cash and cash equivalents 20,744,562 Investments: Government bonds 68,345,827 8.02%Aaa Government bonds 5,794,757 0.68%A Government bonds 187,000 0.02%Baa Index linked treasuries 2,024,881 0.24%21.8 Aaa U.S. agencies 1,868,598 0.22%AGY U.S. agencies 2,240,665 0.26%Aaa U.S. agencies 568,200 0.07%A Domestic corporate bonds 300,470 0.04%Aaa Domestic corporate bonds 2,448,460 0.29%Aa Domestic corporate bonds 21,466,122 2.52%A Domestic corporate bonds 61,204,564 7.19%Baa Domestic corporate bonds 3,693,436 0.43%Ba Domestic corporate bonds 492,813 0.06%Caa Domestic corporate bonds 3,826,822 0.45%NR Asset backed bonds 201,119 0.02%AGY Asset backed bonds 2,348,297 0.28%Aaa Asset backed bonds 24,558 0.00%Baa Asset backed bonds 5,509,297 0.65%NR Other/Rights/Warrants 184,045 0.02%N/A NR Domestic stocks 385,095,014 45.21%N/AN/A International equity securities 68,841,663 8.08%N/AN/A Mortgage backed bonds 65,547,750 7.70%AGY Mortgage backed bonds 101,577 0.01%Aaa Mortgage backed bonds 174,399 0.02%NR International equity mutual funds 34,071,336 4.00%N/AN/A Domestic equity mutual funds 37,540,241 4.41%N/AN/A Real Estate/Timber 56,847,854 6.67%N/AN/A Total investments 830,949,765 Total cash and investments 851,694,327$ 100.00% 14.1 5.6 6.1 10.5 22.2 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 56 Interest Rate Risk – Employees’ Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Employees’ Pension Plan investment policy limits the investment in fixed income investments to no more than 50% of the portfolio. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on one of the national or international stock exchanges. Additionally, fixed income corporate bonds must carry an “investment grade” rating as established by one of the nationally recognized rating agencies. At September 30, 2015, the Plan had $8,013,071 invested in domestic corporate bonds that had fallen below investment grade (Ba1 and lower) as the result of investment downgrades, as indicated on the previous table. The respective money managers notified the Plan administrators of the downgrades and the planned courses of action related to these securities on a timely basis, consistent with the policy’s individual manager guidelines. Concentration of Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one corporation to 3% of the plan equity assets, unless due to a higher percentage included in a nationally recognized market index at least as broad as the Standard and Poor’s Composite Index of 500 companies, or upon a specific finding by the investment committee that such higher percentage is in the best interest of the fund. Additionally, the individual manager guidelines associated with the policy provide further diversification of both equity and fixed income investments to minimize concentration of credit risk. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 57 Foreign Currency Risk – Employees’ Pension Plan: Risk of loss arises from changes in currency exchange rates. The Employees’ Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of no more than 25% of the plan assets invested in international equities. The Pension Plan’s exposure to foreign currency risk is as follows: Investment Currency Fair Value Investment Currency Fair Value Common StockEuro12,414,582$ Common StockUae Dirham529,843$ Common StockJapanese Yen8,484,809 Common StockKuwaiti dinar508,583 Common StockBritish Pound Sterling7,646,966 Common StockEgyptian Pound504,903 Common StockHong Kong Dollar3,394,075 Common StockColombian Peso496,108 Common StockChinese Yuan3,048,375 Common StockJordanian Dinar291,480 Common StockIndian Rupee2,177,568 Common StockSaudi Riyal284,291 Common StockSwiss Franc2,155,870 Common StockBahraini Dinar272,332 Common StockSouth Korean Won2,083,264 Common StockSri Lankan Rupee272,026 Common StockSouth African Rand2,029,051 Common StockNigeria Naira270,969 Common StockMexican Peso2,061,726 Common StockArgentine Peso265,825 Common StockNew Taiwan Dollar2,038,158 Common StockPakistan Rupee261,736 Common StockNew Russian Ruble2,108,767 Common StockMoroccan Dirham260,646 Common StockBrazilian Real1,725,714 Common StockKenyan Shilling260,169 Common StockSwedish Krona1,544,529 Common StockOmani Rial259,078 Common StockNorwegian Krone1,455,866 Common StockMauritian Rupee254,786 Common StockSingapore Dollar1,127,124 Common StockDanish Krone253,058 Common StockTurkish Lira1,106,773 Common StockBangladesh Taka252,741 Common StockMalaysian Ringgit1,084,656 Common StockVietnamese Dong250,118 Common StockPolish Zloty1,059,505 Common StockCroatian Kuna246,234 Common StockChilean Peso1,022,822 Common StockRomanian Ieu245,518 Common StockPhillipine Peso1,014,935 Common StockKazakhstan Tenge201,362 Common StockThailand Baht1,007,907 Common StockTunisain Dinar102,964 Common StockIndonesian Rupiah1,000,970 Common StockLebanese Pounds93,321 Common StockCzech Koruna922,991 Common StockBotswana Pula65,315 Common StockCanadian Dollar842,115 Common StockPanama Balboa63,918 Common StockAustralian Dollar667,802 Common StockUkraine Hryvnia48,722 Common StockHungarian Forint564,767 Common StockGhana Cedi25,894 Common StockPeruvian Nouveau Sol532,671 Common StockEstonian Kroon20,102 Common StockQatari Rial536,884 Common StockBulgarian Lev2,930 Total73,726,214$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 58 Firefighters’ Relief and Pension Plan At year-end, the Firefighters’ Relief and Pension Plan cash and investment balances were as follows: Carrying% ofWeighted avgMoody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents2,452,915$ 53.50%N/AN/A Total cash and cash equivalents2,452,915 Investments: U.S. agency - Farmer Mac (FAMCA)1,174,992 25.63%8.63Aaa U.S. agency - Federal Home Loan Bank (FHLB)956,609 20.87%11.88Aaa Total investments2,131,601 Total managed cash and investments4,584,516$ 100.00% Interest Rate Risk – Firefighters’ Relief and Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Relief and Pension Plan investment policy limits the target investment in fixed income investments to no more than 70% of the portfolio. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits credit risk by restricting the fixed income investments to investment grade securities, per a nationally recognized ranking agency. Concentration of Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits concentration of credit risk by limiting the target allocation of the plan to domestic fixed income to 70% of the portfolio, with the remainder of the portfolio allocated to the City’s well-diversified pooled cash portfolio (see above disclosure). There are no additional limitations on concentrations with individual issuers or agencies due to the relatively small portfolio of this closed pension plan. Foreign Currency Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy does not permit investment in foreign fixed income or equity securities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 59 Police Supplemental Pension Plan At year-end, the Police Supplemental Pension Plan cash and investment balances were as follows: Carrying% ofWeighted avgMoody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in bank9,263$ 0.05%N/AN/A Cash in managed investment accounts807,131 4.54%N/AN/A Total cash and cash equivalents816,394 Investments: International equity securities661,258 3.72%N/A N/R Domestic stocks9,594,426 53.97%N/A N/R Domestic equity mutual funds4,568,761 25.70%N/A N/R International equity mutual funds2,136,885 12.02%N/A N/R Total investments16,961,330 Total managed cash and investments17,777,724$ 100.00% Interest Rate Risk – Police Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Police Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to 125% of the duration of the Barclays Intermediate Government/Credit Bond Index subject to quarterly review. Additionally, no issues, Treasury, or Corporate Bonds may be purchased with more than 15 years to maturity. Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on any one or more of the recognized national stock exchanges. Additionally, fixed income security investments are limited to U.S. Government and agency obligations; “BBB” rated or higher corporate bonds, debentures and preferred stocks; and bonds and other evidence of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state, or organized territory of the United States or District of Columbia provided the corporation meets the standards set forth in section 185.06(1)(b), Florida Statutes as amended from time to time. Finally, the investment policy requires that investment managers dispose of any issue that has been downgraded below “BBB” as soon as is economically feasible. Concentration of Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the stock position of the equity portfolio to no more than 3 percentage points in excess of the S&P 500. Additionally, any sector position of the equity portfolio may not exceed the S&P 500 sector weighting by more than 10 percentage points without written approval from the Board. Investments in fixed income securities of a single issuer with the exception of the U.S. Government and its agencies may not exceed 5 percent of the fixed income portfolio’s value at cost. Foreign Currency Risk – Police Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Police Supplemental Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of that no more than 25% of the total portfolio at cost may be invested in foreign securities. The Plan has no current exposure to foreign currency risk. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 60 Firefighters Supplemental Pension Plan At year-end, the Firefighters Supplemental Pension Plan cash and investment balances were as follows: Carrying% ofWeighted avgMoody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in managed investment accounts420,882$ 2.49%N/AN/A Total cash and cash equivalents420,882 Investments: U.S. Treasury obligations553,940 3.28%16.80Aaa Municipal obligations224,297 1.33%A1/A2/A3 Municipal obligations137,653 0.82%Aa1/Aa2/Aa3 Municipal obligations35,133 0.21%Baa1 Municipal obligations30,241 0.18%N/R Domestic corporate bonds1,201,135 7.12%A1/A2/A3 Domestic corporate bonds239,291 1.42%Aaa/Aa2/Aa3 Domestic corporate bonds25,250 0.15%B1/B2/B3 Domestic corporate bonds1,041,571 6.17%Baa1/Baa2/Baa3 Domestic corporate bonds105,708 0.63%N/R International equity securities134,742 0.80%N/AN/R Domestic stocks3,631,667 21.53%N/AN/R Mortgage backed bonds1,457,116 8.64%12.1N/R Domestic equity mutual funds4,253,733 25.20%N/AN/R International equity mutual funds1,136,840 6.74%N/AN/R Real estate2,242,567 13.29%N/AN/R Total investments16,450,884 Total managed cash and investments16,871,766$ 100.00% 3.50 8.20 Interest Rate Risk – Firefighters Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to less than 135% of the duration of the Barclay’s Capital Aggregate Bond Index. Credit Risk – Firefighters Supplemental Pension Plan: The Firefighters Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to securities that are fully and easily negotiable. Investments in corporations whose stock has been publicly traded for less than one year are limited to 15% at cost value of the equity portfolio. Investment in equity securities whose market capitalization is less than $10 billion dollars shall be limited to 25% of the total equity portfolio. The average credit quality of the bond portfolio shall be “A” or higher, and those securities rated below “BBB” shall not exceed 15% of the entire fixed income portfolio. Concentration of Credit Risk – Firefighters Supplemental Pension Plan: The Firefighters Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one issuing company within an investment manager’s portfolio to 5% of the portfolio. Similarly, no more than 5% of a fixed income investment manager’s portfolio may be invested in the securities of City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 61 any single corporate issuer per the plan investment policy. Finally, investments in collateralized mortgage obligations are limited to 25% of the market value of the investment manager’s total portfolio. Foreign Currency Risk – Firefighters Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Firefighters Supplemental Pension Plan requires that no more than 25% of the market value of the plan’s total assets may be invested in foreign equity securities, commingled or mutual funds. Direct investment in foreign companies is limited to those traded on a national exchange and/or American Depository Receipts (ADR’s). III.B. Receivables Receivables as of year-end for the City’s governmental, proprietary and internal service funds, including the applicable allowances for uncollectible accounts for the proprietary funds, are segregated on the fund financial statements. Mortgages, Notes, and Other Loans in the amount of $5,072,390 are reported on the Governmental Funds Balance Sheet net of an allowance for uncollectible accounts in the amount of $13,414,180. The gross receivable of $18,486,570 includes $17,796,014 of long-term loans receivable that are not expected to be collected within the next fiscal year. Mortgage notes receivable and the related payment history are reviewed individually on an annual basis to determine collectability for allowance and bad debt determinations. Receivables as of year-end for the primary government’s individual major funds, as well as non-major funds and internal service funds in the aggregate, are as follows: Receivables, net of applicable allowances for uncollectible accounts (amounts in thousands): FranchiseAccounts Taxes Fees Interest and Contracts Notes Other Total General fund1,483$ 929$ 124$ 385$ -$ 249$ 3,170$ Special Development 50 - 162 - - - 212 Capital Improvement- - 1 - - 2 3 Non-major governmental funds- - 66 - 18,486 8 18,560 Internal service funds- - 176 - - 39 215 Total governmental1,533 929 529 385 18,486 298 22,160 Less: Allowance for uncollectable accounts(389) - - - (13,414) - (13,803) Net governmental receivables1,144$ 929$ 529$ 385$ 5,072$ 298$ 8,357$ Water and Sewer Utility-$ -$ 235$ 6,516$ -$ 258$ 7,009$ Gas Utility- - 130 2,775 - 138 3,043 Solid Waste Utility- - 113 1,980 - - 2,093 Stormwater Utility- - 100 2,375 - - 2,475 Non-major enterprise funds- - 75 32 - - 107 Total business-type- - 653 13,678 - 396 14,727 Less: Allowance for uncollectable accounts- - - (206) - - (206) Net business-type receivables-$ -$ 653$ 13,472$ -$ 396$ 14,521$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 62 III.C. Capital assets Capital asset activity for the year ended September 30, 2015: BeginningTransfers / Ending Governmental Activities:BalanceIncreasesDecreasesReclassificationsBalance Non-depreciable capital assets: Land76,787,171$ 518,920$ -$ -$ 77,306,091$ Construction in progress15,432,742 1,848,798 (14,542,022) - 2,739,518 Total non-depreciable capital assets92,219,913 2,367,718 (14,542,022) - 80,045,609 Depreciable capital assets: Buildings152,821,063 19,144,844 - - 171,965,907 Improvements other than buildings33,266,351 3,806,748 - - 37,073,099 Machinery and equipment83,576,099 11,249,898 (3,426,328) (7,995) 91,391,674 Infrastructure147,642,463 643,499 - - 148,285,962 Total depreciable capital assets417,305,976 34,844,989 (3,426,328) (7,995) 448,716,642 Less accumulated depreciation for: Buildings(61,335,321) (4,889,765) - - (66,225,086) Improvements other than buildings(16,448,082) (1,373,752) - - (17,821,834) Machinery and equipment(66,178,798) (6,296,312) 3,321,441 7,995 (69,145,674) Infrastructure(85,364,730) (4,840,667) - - (90,205,397) Total accumulated depreciation(229,326,931) (17,400,496) 3,321,441 7,995 (243,397,991) Net depreciable capital assets187,979,045 17,444,493 (104,887) - 205,318,651 Net governmental activities capital assets280,198,958$ 19,812,211$ (14,646,909)$ -$ 285,364,260$ BeginningTransfers / Ending Business-type activities:Balance Increases Decreases Reclassifications Balance Non-depreciable capital assets: Land30,509,054$ 18,000$ (576,758)$ -$ 29,950,296$ Construction in progress46,364,998 4,939,078 (41,862,480) - 9,441,596 Total non-depreciable capital assets76,874,052 4,957,078 (42,439,238) - 39,391,892 Depreciable capital assets: Buildings13,671,516 20,498,567 - - 34,170,083 Improvements other than buildings598,030,187 33,230,634 - - 631,260,821 Machinery and equipment10,150,440 8,167,676 (83,797) 7,995 18,242,314 Total depreciable capital assets621,852,143 61,896,877 (83,797) 7,995 683,673,218 Less accumulated depreciation for: Buildings(7,274,869) (440,014) - - (7,714,883) Improvements other than buildings(259,209,940) (19,006,445) - - (278,216,385) Machinery and equipment(7,723,621) (631,727) 83,797 (7,995) (8,279,546) Total accumulated depreciation(274,208,430) (20,078,186) 83,797 (7,995) (294,210,814) Net depreciable capital assets347,643,713 41,818,691 - - 389,462,404 Net business-type activities capital assets424,517,765$ 46,775,769$ (42,439,238)$ -$ 428,854,296$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 63 Depreciation expense was charged to functions / programs of the primary government as follows: Governmental activities: General government660,666$ Public safety844,406 Physical environment21,172 Transportation, including depreciation on infrastructure assets4,941,570 Economic environment525,748 Culture and recreation4,752,247 Capital assets held by governmental internal service funds are charged to the various functions based on their usage of assets5,654,687 17,400,496$ Business-type activities: Water and sewer utility13,855,405$ Gas utility2,143,057 Solid waste and recycling utility349,545 Stormwater utility2,915,457 Marine operations67,623 Aviation operations178,830 Parking system operations238,406 Clearwater Harbor Marina operations329,863 20,078,186$ Construction commitments At September 30, 2015, material outstanding construction commitments were as follows: Construction Commitments Project Fund Outstanding Sanitary Sewer ExensionsWater & Sewer Utility Enterprise Fund4,482,024$ Island Estates Bridge ReplacementsCapital Improvement Fund3,180,409 Street ResurfacingCapital Improvement Fund2,500,864 Jeffords Street OutfallStormwater Utility Enterprise Fund1,370,754 Resident Initiated Reclaimed Water Distribution ProjectWater & Sewer Utility Enterprise Fund1,122,561 Northeast Water Reclamation Facility Clarifiers RehabWater & Sewer Utility Enterprise Fund821,476 Bayshore TrailCapital Improvement Fund725,400 East Water Reclamation Facility Effluent Filters RehabWater & Sewer Utility Enterprise Fund609,193 Total Construction Commitments 14,812,681$ III.D. Interfund receivables, payables, and transfers III.D.1. Interfund balances As discussed in Note III-A, individual fund deficits in the consolidated cash pool, if any, have been reclassified as of September 30, 2015, as interfund loans from the Capital Improvement Fund, which was selected by management for this purpose. This reclassification results in a corresponding reduction in the cash equity in the Capital Improvement Fund, offset by an increase in interfund receivables. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 64 As of September 30, 2015, the Community Redevelopment Agency fund reported a cash pool deficit of $24,536. The amounts of the reclassified cash pool deficits, if any, as well as the current portion of other individual fund interfund payable and receivable balances are classified as Due from/to Other Funds. The long-term portions of other interfund balances are classified as Advances to/from Other Funds. Due fromDue toAdvances toAdvances from FundOther FundsOther FundsOther FundsOther Funds Special Revenue Funds: Special Programs-$ -$ 325,440$ -$ Community Redevelopment Agency- 341,203 - 958,773 Capital Project Fund: Capital Improvement24,536 670,838 - 748,663 Enterprise Fund: Aviation Operations- 20,271 - - Internal Service Funds: Administrative Services- 91,654 - 91,654 Central Insurance1,099,430 - 1,473,650 - 1,123,966$ 1,123,966$ 1,799,090$ 1,799,090$ Descriptions of interfund loans as of September 30, 2015: An internal ten-year loan from the Central Insurance Fund to the Administrative Services Fund for purchase and installation of fiber optic cable and termination equipment. The loan provides for ten annual payments of $91,654 plus interest at the cash-pool rate, due on September 30 of each year. The loan commenced September 30, 2003 with the first annual principal payment due September 30, 2008, the year that the infrastructure project was completed. The current portion ($91,654) is classified as due to/from other funds, while the long-term portion ($91,654) is classified as an advance. An internal five-year loan from the Central Insurance Fund to the Aviation Operations enterprise fund, for the construction of a new multi- plane hangar, in the amount of $101,357. The loan provides for five annual payments of $20,271 plus interest at the cash-pool rate, due on September 30 of each year. The loan commenced April 2, 2008, with the first principal payment due September 30, 2012, the year that construction was completed. Because the final principal payment ($20,271) is due within one year, this loan is classified as due to/from other funds. An internal loan from the Special Programs special revenue fund to the Community Redevelopment Agency special revenue fund in the amount of $325,440, approved on September 1, 2011, for the environmental cleanup of the Car Pro site in the East Gateway area of the downtown. This loan is interest-free and is to be repaid upon the sale of the developed parcel. Because the first principal payment is not due within one year, this loan is classified as an advance. An internal loan from the Central Insurance Fund to the Community Redevelopment Agency special revenue fund in the amount of $1,900,000 to underwrite the acquisition, closing costs and site demolition costs related to the acquisition of the Economy Inn and surrounding properties in the East Gateway area for redevelopment purposes. This loan, which commenced on September 9, 2010, provides for interest-only payments at the cash-pool rate through fiscal year 2012, and City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 65 level debt service (principal and interest) from fiscal year 2013 through fiscal year 2018. The current portion of this loan ($316,667) is classified as due to/due from other funds, while the long-term portion ($633,333) is classified as an advance. An internal loan in the amount of $3,432,015 from the Central Insurance Fund to the Capital Improvement Fund for the construction of a new Fire Station #45. This loan, which commenced on October 4, 2012, provides for interest at the cash pool rate and payment of principal and interest from infrastructure sales tax (“Penny for Pinellas”) revenues beginning in fiscal 2013. The current portion of this loan ($670,838) is classified as due to/due from other funds, while the long-term portion ($748,663) is classified as an advance. III.D.2. Interfund transfers Interfund transfers for the year ended September 30, 2015 consisted of the following: Transfers to General Fund from: Water & Sewer Utility Enterprise Fund3,583,728$ Gas Utility Enterprise Fund3,838,538 Solid Waste & Recycling Utility Enterprise Fund1,189,176 Stormwater Utility Enterprise Fund897,720 Capital Improvement Fund32,029 Nonmajor governmental funds883,816 Nonmajor enterprise funds649,292 Total11,074,299 Transfers to Capital Improvements Fund from: General Fund5,654,314 Special Development Fund16,113,213 Nonmajor governmental funds35,000 Total21,802,527 Transfer to Gas Utility Enterprise Fund from: General Fund850,000 Transfers to Stormwater Utility Fund from: General Fund237,870 Nonmajor governmental funds301,303 Total539,173 Transfers to Special Development Fund from: Capital Improvement Fund706,465 Nonmajor enterprise funds390,818 Total1,097,283 Transfer to Nonmajor enterprise funds from: Special Development Fund25,000 Transfers to Nonmajor governmental funds from: General Fund2,224,634 Nonmajor governmental funds3,187,524 Total5,412,158 Transfers to Internal service funds from: General Fund15,433 Capital Improvement Fund776,193 Water & Sewer Utility Enterprise Fund158,923 Gas Utility Enterprise Fund15,562 Solid Waste & Recycling Utility Enterprise Fund20,495 Nonmajor governmental funds146,950 Total1,133,556 Total interfund transfers 41,933,996$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 66 Transfers are primarily used to 1) transfer revenues that have been collected in the required fund per state law to the funds and activities that state law allows for expenditures; 2) transfer of “payment in lieu of taxes” contributions from the utility funds to the General Fund; 3) transfer funding from governmental funds to debt service and capital improvements funds; and 4) transfer matching funds from the General Fund to various grant programs. Other non-routine interfund transfers occurring during the current fiscal year included a transfer of $2.1 million from the Gas Fund to the General Fund representing an increase in the computed annual gas dividend payment for fiscal year 2013/14; the return of $32 thousand from the Capital Improvement Fund to the General Fund for various closed out capital projects (Ladder Truck Equipment, Rescue Squad Replacement and Training Facility Concrete Pad Repairs); $238 thousand from the General Fund and $301 thousand from the Community Redevelopment Agency Fund to the Stormwater Fund to recognizing reimbursement for surplus land at Prospect Lake; $40 thousand from the General Fund to the Gas Fund to offset the cost of the fireworks display; $1 million from the Solid Waste & Recycling Fund to the Capital Improvement Fund for the Transfer Station Rebuild project; $1 million from the Solid Waste & Recycling Fund to the Capital Improvement Fund for the Recycling Processing Center Expansion and Upgrade project; $250 thousand from the Special Development Fund to the Capital Improvement Fund for the Bicycle Path/Bridges project; $250 thousand from the Special Development Fund to the Capital Improvement Fund for the Rehabilitation of Airpark Hangar D project; $844 thousand from the Special Development Fund to the Capital Improvement Fund for park land acquisition; $4,700 from the Capital Improvement Fund to the Special Development Fund representing the unused portion of funding for the 2014 property purchase from CSX Transportation; $650 thousand from the General Fund to the Capital Improvement Fund for the Centennial Monument project; $25 thousand from the General Fund to the Capital Improvement Fund for the Countryside Library Renovation project; $249 thousand from the Special Development Fund to the Capital Improvement Fund for the Countryside Library Renovation project; $3,528 from the Capital Improvement Fund to the Special Development Fund representing the unused portion of the Sid Lickton Complex Renovation project; $250 thousand from the General Fund to the Capital Improvement Fund for the Crest Lake Park Veterans War Memorial project; $335 thousand from the General Fund to the Capital Improvement Fund for the Pier 60 and Beach Walk Repairs and Improvement project; $190 thousand from the General Fund to the Capital Improvement Fund for the Missouri Avenue Median Beautification project; $75 thousand from the General Fund to the Capital Improvement Fund for the Sailing Center Upgrades and Improvements project; $28 thousand from the General Fund to the Special Programs Fund for the Nagano Sister City program; $703 thousand from the Capital Improvement Fund to the Special Development Fund representing the unused portion of the Downtown Streetscape Phase II project; and $391 thousand from the Capital Improvement Fund to the Special Development Fund representing the unused portion of the Downtown Boat Slips project. III.E. Leases The City purchases various equipment for governmental and business-type activities under lease purchase financing agreements. The equipment is purchased with cash and subsequently provided as collateral via a “lease purchase” financing arrangement, typically for a five-year term. Obligations under these lease purchase agreements are recorded at the present value of their future minimum lease payments as of date of inception. Purchase of the assets is recorded as a cash outflow and the subsequent receipt of the financing proceeds is recorded as “proceeds from issuance of debt” for Statement of Cash Flows reporting. Capitalized equipment subject to lease purchase financing as of September 30, 2015: GovernmentalBusiness-type ActivitiesActivities Equipment21,668,274$ 793,278$ Less: Accumulated Depreciation(6,661,784) (469,548) Total15,006,490$ 323,730$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 67 The future minimum lease payments under capital lease purchase agreements are as follows as of September 30, 2015: GovernmentalBusiness-type Year Ending Sept. 30 ActivitiesActivities 20164,465,398$ 133,658$ 20173,757,572 68,281 20182,988,941 32,728 20192,138,014 32,728 20201,296,091 21,780 14,646,016 289,175 Deduction of the amount of imputed interest necessary to reduce net minimum lease payments to present value 14,033,252$ 278,973$ (612,764) (10,202) The City also leases personal computers under a three-year operating lease that is cancelable on an annual basis. Lease payments for fiscal year ended September 30, 2015, totaled $377,741. III.F. Long-term debt III.F.1. Revenue Bonds $14,810,000 in Spring Training Facility Revenue Bonds, Series 2002; issued to provide a portion of the costs of the acquisition, construction, rehabilitation and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team; serial bonds due in annual installments of $660,000 due March 1, 2016, to $295,000 due March 1, 2022, with maximum principal of $845,000 due March 1, 2021; interest at 4.10% to 5.375%; 5.375% term bonds in the amount of $1,730,000 due March 1, 2027; and 5.375% term bonds in the amount of $1,750,000 due March 1, 2031. $8,255,000 Total revenue bonds for governmental activities 8,255,000 $8,410,000 Water and Sewer Revenue Refunding Bonds, Series 2003; issued to refund and redeem on December 1, 2003, all of the City’s Water and Sewer Refunding Revenue Bonds, Series 1993, maturing after December 1, 2003; serial bonds due in annual installments of $230,000 at December 1, 2015, to $260,000 due December 1, 2018, interest at 3.60% to 4.00%. 980,000 $67,715,000 Water and Sewer Revenue Bonds, Series 2009A; issued to pay the costs of the design, acquisition, construction, or reconstruction of capital improvements to the City’s water and sewer system; serial bonds due in annual installments of $420,000 at December 1, 2019, to $495,000 due December 1, 2023; interest at 4.375% to 5.00%; 5.125% term bonds in the amount of $5,655,000 due December 1, 2032; and 5.25% term bonds in the amount of $59,780,000 due December 1, 2039. 67,715,000 $41,700,000 Water and Sewer Revenue Refunding Bonds, Series 2009B; issued to currently refund and redeem all of the outstanding principal amount of the City’s Water and Sewer Refunding Revenue Bonds, Series 1998; serial bonds due in annual installments of $4,430,000 at December 1, 2015 to $5,150,000 due December 1, 2018; interest at 5.00%. 19,130,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 68 $47,025,000 Water and Sewer Revenue Refunding Bonds, Series 2011; issued to refund and redeem on December 1, 2011 the City’s callable Water and Sewer Revenue Bonds, Series 2002, maturing after December 1, 2011; serial bonds due in annual installments of $1,545,000 at December 1, 2015, to $2,000,000 due December 1, 2030, interest at 4.00% to 5.00%; 4.50% term bonds in the amount of $6,850,000 due December 1, 2032. 42,800,000 $27,520,000 Water and Sewer Revenue Refunding Bonds, Series 2014; issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Bonds, Series 2006, maturing on and after December 1, 2019; term bonds due in annual installments of $170,000 at December 1, 2015, to $2,305,000 due December 1, 2032; interest at 3.18%. 27,520,000 $3,700,000 Gas System Revenue Refunding Bonds, Series 2007; issued to refund and redeem on December 1, 2007, all of the outstanding principal amount of the City’s Gas System Revenue Bonds, Series 1998; serial bonds due in equal annual installments of $370,000 due September 1, 2016, through September 1, 2017; interest at 4.00%. 740,000 $7,365,000 Gas System Revenue Refunding Bonds, Series 2013; issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2004, maturing after September 1, 2013; term bonds due in annual installments of $375,000 due September 1, 2016, to $1,520,000 due September 1, 2026; interest at 2.41%. 6,650,000 $5,405,000 Gas System Revenue Refunding Bonds, Series 2014; issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2005, maturing after September 1, 2014; term bonds due in annual installments of $250,000 due September 1, 2016, to $2,040,000 due September 1, 2027; interest at 2.67%. 5,160,000 $19,365,000 Stormwater System Revenue Refunding Bonds, Series 2012, issued to pay and redeem all of the Stormwater Revenue Bonds, Series 2002, currently outstanding; serial bonds due in annual installments of $680,000 due November 1, 2015, to $1,350,000 due November 1, 2032, interest at 2.00% to 5.00%. 17,580,000 $11,025,000 Stormwater System Revenue Refunding Bonds, Series 2013; issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2004, maturing after November 1, 2014; term bonds due in annual installments of $480,000 due November 1, 2015, to $780,000 due November 1, 2032; interest at 2.98%. 10,960,000 $5,450,000 Stormwater System Revenue Refunding Bonds, Series 2014; issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2005, maturing after November 1, 2014; term bonds due in annual installments of $295,000 due November 1, 2015, to $435,000 due November 1, 2029; interest at 2.72%. 5,450,000 Total revenue bonds for business-type activities 204,685,000 Total revenue bonds $212,940,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 69 III.F.2. Restrictive covenants and collateral requirements The Spring Training Facility Revenue Bonds are special, limited obligations of the City, payable solely from and secured by a lien upon and pledge of the (i) payments received by the City from the State of Florida pursuant to Section 212.20, Florida Statutes (State payments); and (ii) payments received by the City from Pinellas County, Florida pursuant to the Interlocal Agreement dated December 1, 2000 (County payments). The pledge of the State Payments and County Payments does not constitute a lien upon any property of the City. Furthermore, neither the City, Pinellas County, the State of Florida, nor any political subdivision thereof has pledged its faith or credit or taxing power to the payment of the bonds. The Water and Sewer Revenue Bonds, Series 2009A; and the Water and Sewer Revenue Refunding Bonds, Series 2003, Series 2009B, Series 2011 and Series 2014; are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s water and sewer system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix and maintain such rates, and collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to time whenever necessary, which will provide gross revenues in each fiscal year sufficient to pay the cost of operation and maintenance of the system; one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds; plus one hundred percent (100%) of all reserve and other payments required to be made pursuant to the ordinances authorizing the bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide gross revenues for such purpose. The Gas System Revenue Refunding Bonds, Series 2007, Series 2013 and Series 2014 are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s gas system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of the cost of operations and maintenance of the system in such year and all reserve and other payments provided for in the ordinances authorizing the bonds, along with one hundred twenty five percent (125%) of the bond service requirement due in such year on all outstanding bonds. The Stormwater Revenue Refunding Bonds, Series 2012, Series 2013 and Series 2014 are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s stormwater management system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, revise from time to time whenever necessary, and maintain and collect always such fees, rates, rentals and other charges for use of the products, services, and facilities which will always provide net revenues in each year sufficient to pay one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide revenues for such purpose. Additionally, the covenants of each of the above issues includes a “Reserve Requirement” equal to the lesser of: the Maximum Bond Service Requirement for any given year; 125% of the Average Annual Bond Service Requirement; or the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. A Reserve Fund has been funded for the Series 2012 Bonds. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 70 Annual debt service requirements to maturity for revenue bonds are as follows: Year Ending September 30 PrincipalInterestPrincipalInterest 2016660,000$ 412,376$ 8,825,000$ 8,666,869$ 2017685,000 380,437 9,160,000 8,292,441 2018725,000 342,543 9,185,000 7,885,770 2019760,000 302,634 9,570,000 7,464,076 2020805,000 260,574 6,155,000 7,142,574 2021-20252,120,000 897,930 35,480,000 31,945,959 2026-20302,030,000 410,381 41,425,000 24,567,177 2031-2035470,000 12,631 40,005,000 16,430,792 2036-2040- - 44,880,000 6,137,250 2041-2045- - - - Totals8,255,000$ 3,019,506$ 204,685,000$ 118,532,908$ Business-type ActivitiesGovernmental Activities III.F.3. Pledged revenues State of Florida and Pinellas County Payments Pledged: The City has pledged future revenues derived from payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, Florida pursuant to an Interlocal Agreement, together with any investment income earned on the revenues, to repay $14.8 million in Spring Training Facility Revenue bonds issued in September 2002. Proceeds from the bonds provided financing for a portion of the costs of the acquisition, construction, rehabilitation, and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team. The bonds are payable solely from the State of Florida and Pinellas County, Florida payments and are payable through March 2031. Annual principal and interest payments on the bonds are expected to require less than 100 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $11,274,506. Principal and interest paid for the current year and total revenue received were $1,073,606 and $1,099,824 respectively. Water and Sewer Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Water & Sewer Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $8.4 million in Water & Sewer Revenue Refunding bonds issued in October 2003. Proceeds from the bonds provided financing to refund and redeem the City’s then outstanding Water and Sewer Revenue Refunding Bonds, Series 1993. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2018. $67.7 million in Water & Sewer Revenue bonds issued in May 2009. Proceeds from the bonds provided financing for the costs of design, acquisition, construction or reconstruction of capital improvements to the City’s water and sewer system. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2039. $41.7 million in Water and Sewer Revenue Refunding bonds issued in May 2009. Proceeds from the bonds provided financing to refund and redeem the City’s then outstanding Water and Sewer Revenue Refunding Bonds, Series 1998. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2018. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 71 $47.0 million in Water and Sewer Revenue Refunding bonds issued in September 2011. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing after December 1, 2011 of the City’s Water and Sewer Revenue Bonds, Series 2002. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. $27.5 million in Water and Sewer Revenue Refunding bonds issued in December 2014. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on and after December 1, 2019 of the City’s Water and Sewer Revenue Bonds, Series 2006. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. Annual principal and interest payments on the bonds are expected to require less than 85 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $263,486,931. Principal and interest paid for the current year ($13,559,914) required 55.1% of total net revenue ($24,622,899). Stormwater Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Stormwater Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $19.4 million in Stormwater Revenue Refunding bonds issued in February 2012. Proceeds from the bonds provided sufficient funds to be available on March 5, 2012 to pay and redeem the City’s outstanding Stormwater Revenue Bonds, Series 2002. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. $11.0 million in Stormwater Revenue Refunding bonds issued in June 2013. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Bonds, Series 2004, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. $5.4 million in Stormwater Revenue Refunding bonds issued in August 2014. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Refunding Bonds, Series, 2005, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2029. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $44,748,264. Principal and interest paid for the current year ($2,459,086) required 37.3% of total net revenue ($6,594,115). Gas System Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Gas System Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $3.7 million in Gas System Revenue Refunding Bonds issued in October 2007. Proceeds from the bonds provided financing to refund the outstanding principal of the City of Clearwater Gas System Revenue Bonds, Series 1998. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2017. $7.4 million in Gas System Revenue Refunding Bonds issued in June 2013. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2004. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2026. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 72 $5.4 million in Gas System Revenue Refunding Bonds issued in June 2014. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2005. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2027. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $14,982,713. Principal and interest paid for the current year ($1,337,775) required 11.6% of total net revenue ($11,554,219). III.F.4. Advance refunding of bonds On December 9, 2014, the City issued $27,520,000 at par value of Water & Sewer Revenue Refunding Bonds, Series 2014, for the purpose of redeeming on December 1, 2015, $26,430,000 principal of Water & Sewer Revenue Bonds, Series 2006, maturing on or after December 1, 2019. The net proceeds in the amount of $27,590,897 (after payment of $77,481 plus additional cash of $148,378 from released debt service reserve escrow), were deposited into an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded bonds. The refunding transaction resulted in an aggregate debt service reduction in the amount of $3,162,339 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,242,720. The outstanding principal of the refunded bonds at September 30, 2015 was $26,430,000. III.F. 5. Changes in long-term liabilities BeginningEndingDue Within Balance Additions Reductions Balance One Year Governmental activities: Revenue bonds payable8,890,000$ -$ (635,000)$ 8,255,000$ 660,000$ Add (subtract) deferred amounts: For issuance premiums (discounts) 162,960 - (21,232) 141,728 - Net revenue bonds payable9,052,960 - (656,232) 8,396,728 660,000 Net pension liability- 39,031,142 (33,614,056) 5,417,086 - Lease purchase contracts (a)9,259,856 8,315,252 (3,541,856) 14,033,252 4,197,598 Compensated absences (b)7,363,289 4,771,485 (4,401,859) 7,732,915 4,379,741 Other postemployment benefits (c)8,373,997 2,211,002 (1,058,208) 9,526,791 - Claims payable (d)10,245,358 13,091,624 (13,794,332) 9,542,650 2,208,800 Governmental activity Long-term liabilities44,295,460$ 67,420,505$ (57,066,543)$ 54,649,422$ 11,446,139$ Business-type activities: Revenue bonds payable211,835,000$ 27,520,000$ (34,670,000)$ 204,685,000$ 8,825,000$ Less deferred amounts: For issuance premiums (discounts) 2,681,927 - (368,298) 2,313,629 - Net revenue bonds payable214,516,927 27,520,000 (35,038,298) 206,998,629 8,825,000 Net pension liability- 12,049,385 (10,377,067) 1,672,318 - Lease purchase contracts (a)296,549 155,355 (172,931) 278,973 128,533 Compensated absences (b)1,913,053 1,207,761 (1,132,067) 1,988,747 1,126,380 Other postemployment benefits (c)3,442,334 1,194,327 (571,617) 4,065,044 - Unearned revenue187,113 - - 187,113 - Business-type activity Long-term liabilities220,355,976$ 42,126,828$ (47,291,980)$ 215,190,824$ 10,079,913$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 73 (a) Governmental activities lease purchase contract additions of $8,315,252 includes $8,233,473 attributable to internal service funds and $81,779 attributable to governmental funds. The lease purchase contracts reduction of $3,541,856 includes $3,248,380 for internal service funds and $293,476 for governmental funds. (b) Compensated absences are paid by the fund where salaries are incurred, which is primarily the General Fund for governmental activities. (c) Since the plan’s inception in fiscal 2008, other postemployment benefits costs are allocated to and paid by funds based on their percentage of full time equivalent employees, which is primarily the General Fund for governmental activities. (d) The Central Insurance Fund, an internal service fund, accrues for estimated claims and pays claims for all departments. III.G. Restricted assets Restricted assets are classified as current or noncurrent on the Statement of Net Position on the basis of the underlying liabilities payable from the restricted assets. III.G.1. Water and Sewer Utility Fund Assets in the Water and Sewer Utility Fund restricted for construction include: Sewer Improvement charges, the use of which is restricted by the authorizing ordinance to the construction of additions to the sewer system; assets remaining at September 30, 2015, are: Cash and Investments $1,756,629 Assets of the Water and Sewer Utility Fund restricted under the provisions of the ordinances authorizing the issuance of Water and Sewer Revenue Bonds consisted of the following at September 30, 2015: Water and Sewer Revenue Bonds Debt Service: Cash and Investments 21,417,095 Water and Sewer Revenue Bonds Renewals and Replacements: Cash and Investments 12,344,577 Due from Other Governmental Entities for advances to the Florida Department of Transportation for utility relocations related to improvements to State Road 590 west of Marilyn Street to east of Audrey Drive 425,741 Assets of the Water and Sewer Utility Fund representing Customers' Deposits and therefore restricted, consisting entirely of Cash and Investments at September 30, 2015 3,191,015 Total restricted assets – Water and Sewer Utility Fund $39,135,057 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 74 III.G.2. Gas Utility Fund Assets in the Gas Utility Fund restricted under the provisions of the ordinance authorizing the issuance of revenue bonds consisted of the following at September 30, 2015: Gas System Revenue Bonds Debt Service: Cash and Investments $ 110,953 Renewals and Replacements: Cash and Investments 300,000 Assets of the Gas Utility Fund representing Customers' Deposits at September 30, 2015: Cash and Investments 2,790,990 Total restricted assets – Gas Utility Fund $ 3,201,943 III.G.3. Solid Waste & Recycling Utility Fund Restricted assets in the Solid Waste & Recycling Utility Fund represent customer deposits in the amount of $1,065,879 at September 30, 2015, and consisted entirely of Cash and Investments. III.G.4. Stormwater Utility Fund Assets restricted under the provisions of the ordinances for the issuance of revenue bonds consisted of the following at September 30, 2015: Stormwater Revenue Refunding Bonds – Series 2012 Debt Service: Cash and Investments $2,259,344 Stormwater Revenue Refunding Bonds – Series 2013 Debt Service: Cash and Investments 576,087 Stormwater Revenue Refunding Bonds – Series 2014 Debt Service: Cash and Investments 332,183 Total restricted assets – Stormwater Utility Fund $ 3,167,614 III.G.5. Parking System Fund Assets in the Parking System restricted under the provisions of a development agreement between L.O.M., Inc. and the City of Clearwater as of September 30, 2015: Equity in Pooled Cash and Investments $ 9,300,000 Total restricted assets – Parking System Fund $ 9,300,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 75 III.H. Fund Balances Classification SpecialCapitalNon-Major GeneralDevelopmentImprovementGovernmental FundFundFundFunds Non Spendable: Inventories40,535$ -$ -$ -$ Restricted for: General government- - 217,998 103,567 Public safety- - 6,596,131 2,029,204 Physical environment- 18,083 672,053 1,170,890 Transportation- 1,190,645 13,268,803 - Economic environment- - - 17,561,370 Human services- - - 617,457 Culture and recreation- 763,624 11,231,920 657,716 Debt service reserve- - - - Infrastructure capital projects- 1,139,770 - - Committed to: General government- - 4,452,294 309,030 Public safety- - 727,130 2,411,708 Physical environment- - 869,854 - Transportation- 253,297 6,098,159 - Economic environment- - - 713,599 Human services- - - 5,882 Culture and recreation- - 4,157,145 169,534 Assigned to: General government118,653 - - 138,562 Public safety85,886 - - 1,491,387 Physical environment- - - 393,219 Transportation29,300 - - - Economic environment15,079 - - 697,568 Human services- - - 209,336 Culture and recreation197,891 23,912 - 69,036 Infrastructure capital projects- 4,791,632 - - Unassigned31,539,617 - (1,223,384) (1,329,866) Total Fund Balances32,026,961$ 8,180,963$ 47,068,103$ 27,419,199$ General Fund assigned fund balance ($446,809) relates to encumbrances. In the Special Development Fund, restricted amounts relate to collections from drainage fees ($18,083), sidewalk fees ($152,337), transportation impact fees ($890,080), local option gas tax ($148,228), recreation impact fees ($763,624) and the local infrastructure sales tax ($1,139,770). Committed amounts relate to the portion of property tax revenues that is set City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 76 aside in the budget process to provide funding for road maintenance projects ($253,297). Assigned amounts relate to interest earned on recreation impact fees ($23,912) and local infrastructure sales tax balances ($4,791,632). Amounts in the Capital Improvement Fund all relate to funding for various capital projects. Significant restrictions in the non-major governmental funds include public safety restrictions for law enforcement programs ($2,000,592) and EMS programs ($28,612); and economic environment restrictions for economic development programs ($781,425), low income housing ($7,417,837) and community redevelopment ($9,362,108). Significant commitments include commitments to public safety for police vehicles ($153,221), emergency operations ($2,184,981) and law enforcement programs ($73,506). Assigned amounts relate to interest earned on program balances for general government ($138,562), public safety ($1,491,387), physical environment ($393,219), economic environment ($502,072), human services ($209,336), and culture and recreation ($69,036). Additional amounts assigned for economic environment purposes are for low income housing ($173,414) and community redevelopment ($22,082). Note IV - Other Information IV.A. Risk management The City is self-insured within certain parameters for losses arising from claims for general liability, auto liability, police professional liability, public official’s liability, property damage, and workers' compensation. Insurance coverage has been maintained by the City to pay for or indemnify the City for losses in excess of certain specific retentions and up to specified maximum limits in the case of claims for liability, property damage, and workers' compensation. The liability excess coverage is $7,000,000 per occurrence ($14,000,000 aggregate) with self-insured retention of $500,000. There is workers’ compensation coverage to the statutory limit, with self-insured retention of $600,000. The property damage excess coverage is $500,000 per occurrence after either a $100,000 self-insured retention for perils other than a named storm or 5% self-insured retention for named storm with a $500,000 minimum. Settled claims have not exceeded excess coverage in any of the past three years. On October 17, 2012, City Council authorized a partial self-insured funding arrangement with Cigna for health insurance effective for the plan year beginning January 1, 2013. Per this arrangement, the City is self-insured for medical and pharmacy claims up to $250,000 per person per year. The City has purchased stop loss insurance from Cigna which covers 50% of individual claims for any amount of the claim between the amounts of $250,000 and $350,000 and covers 100% of individual claims for any amount of the claim exceeding the amount of $350,000 per person per year. In accordance with the fully insured arrangement between the City and Cigna prior to January 1, 2013, the City has no liability for health insurance claims incurred prior to this date. The City estimates a liability for health insurance claims incurred but not yet paid as of September 30, 2015 in the amount of $1,018,650. The transactions relating to the self-insurance program are accounted for in the Central Insurance Fund, an internal service fund. The billings by the Central Insurance Fund to the various operating funds (the interfund premiums) are based on actuarial estimates of the amounts needed to pay prior and current year claims. The claims liability reported at September 30, 2015, is based on the requirements of GASB Statement No. 10, which requires that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements and the amount of the loss can be reasonably estimated. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 77 Changes in the claims liability amounts in fiscal years 2014 and 2015 were: Self Insurance Balance at September 30, 201310,403,285$ Current year claims and changes in estimates12,280,379 Claims paid(12,438,306) Balance at September 30, 201410,245,358 Current year claims and changes in estimates13,091,624 Claims paid(13,794,332) Balance at September 30, 20159,542,650$ IV.B. Statements of cash flows For purposes of the statements of cash flows, investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time and also funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. IV.D. Employee retirement systems and pension plans IV.D.1. Defined benefit pension plans The City contributes to two separate single-employer, self-administered defined benefit pension plans covering approximately three-fourths of all City employees. The Employees' Pension Plan covers all permanent, full-time City employees who successfully pass the required physical examination, except for firefighters employed prior to July 1, 1963, and certain unclassified (primarily managerial) employees. The Firefighters’ Relief and Pension Plan covered eligible firefighters hired prior to July 1, 1963, and is closed to new entrants. As indicated, both plans are self-administered, and the administrative costs of the plans are financed from the respective plan assets. Each pension fund is accounted for as a pension trust fund; therefore each is accounted for in substantially the same manner as proprietary funds with an economic resources measurement focus and the accrual basis of accounting. Fund assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the plans, and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Detailed information about each plan’s fiduciary net position is available on pages 98-103 and pages 128-129 of this Comprehensive Annual Financial Report. Neither of these plans issues a stand-alone financial report. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 78 The Employees' Pension Plan is authorized by and operates under the provisions of Sections 2.391 through 2.428 of the Municipal Code of the City of Clearwater. Sections 2.391 through 2.401 apply to those participants who attained a vested benefit and terminated employment prior to January 1, 2013. Sections 2.410 through 2.428 apply to those participants who are actively employed by the City of Clearwater as of or after January 1, 2013. Plan provisions have been duly approved as required by the voters in referendums. There were no changes to either the plan provisions or the actuarial assumptions during the plan year. Management of the Employees’ Pension Plan is vested in the Clearwater City Council, serving as the Pension Trustees. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, January 1, 2015, the membership of the Employees’ Pension Plan was as follows: Employees' Pension Plan Retirees and benficiaries currently receiving benefits1,125 Terminated employees entitled to benefits but not yet receiving them69 Active employees1,482 Total number of participants2,676 Benefits provided. The normal retirement benefit is a monthly benefit equal to 2.75% of average monthly compensation (2.00% for participants in non-hazardous duty hired on or after January 1, 2013) for the highest five of the final ten years of service multiplied by the number of years of service to date of retirement. Eligibility for normal retirement occurs upon completion of 10 years of service and the attainment of age 65, or completion of 20 years of service and the attainment of age 55, or completion of 30 years of service regardless of age, for employees hired before January 1, 2013 who are engaged in non-hazardous duty. For employees hired on or after January 1, 2013 who are engaged in non-hazardous duty, eligibility for normal retirement occurs upon completion of 25 years of service and attainment of age 60 or completion of 10 years of service and attainment of age 65. For those engaged in hazardous duty, eligibility occurs upon completion of 20 years of service or upon completion of 10 years of service and attainment of age 55. For all hazardous duty participants and non-hazardous duty participants eligible to retire as of January 1, 2013, the normal monthly benefit is payable for the life of the participant and will continue, after the participant's death, to be paid at the same amount for 5 years to the surviving spouse; after 5 years, the survivor annuity is reduced to 50% of the original amount and ceases upon death or remarriage of the spouse. For non-hazardous duty participants not eligible to retire as of January 1, 2013, the normal benefit is a monthly annuity paid for the life of the participant. There are several other benefit payment options that are computed to be the actuarial equivalent of the normal benefit. The plan provides for an annual cost of living increase of up to 1.5% for benefits accrued prior to January 1, 2013. For non-hazardous duty members, there is a five-year delay until the cost of living increase is applied to benefits accrued after January 1, 2013, and for hazardous duty members, there is no cost of living increase for benefits accrued after January 1, 2013. The plan also provides for disability and death benefits, vesting after completion of 10 years of service and the refund of employee contributions in case of a non-vested termination. Covered employees in non-hazardous duty and employees in hazardous duty who are eligible to retire as of January 1, 2013 contribute 8% of their compensation. Covered employees in hazardous duty who are not eligible to retire as of January 1, 2013 contribute 10% of their compensation. It is the City's obligation to provide a sufficient additional contribution to maintain the actuarial soundness of the fund but, in any event, not less than 7% of participating employee’s compensation per the ordinance governing the plan. Contributions. Employer contributions are made in equal installments during the first two quarters of the fiscal year based upon the actuarially determined percentage of payroll and the actual payroll payable at the time contributions are made. The minimum required City contribution is 7% of covered payroll. Member contributions are made continuously throughout the year. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 79 Investment policy. The Employees’ Pension Plan investment policy was adopted by the Pension Trustees on December 13, 2011. The policy requires an annual review by the Pension Investment Committee with a recommendation to the Pension Trustees to confirm or revise. The following was the Trustees’ adopted asset allocation policy as of September 30, 2015: Asset ClassTarget Allocation Large Cap Growth13.00% Large Cap Value14.00% Mid Cap Growth5.00% Mid Cap Value5.00% Small Cap Growth2.50% Small Cap Value2.50% Intermediate Fixed28.00% International Equity11.00% Emerging Markets Equity7.00% Private Real Estate - Core7.00% US REITS1.50% Timber3.50% 100.00% The Employees’ Pension Plan has invested in real estate and timber limited partnership funds. The strategies of these funds are long term and illiquid in nature. As a result, investors are subject to redemption restrictions which generally limit distributions and restrict the ability of limited partners to exit a partnership investment prior to its dissolution. These investments partnerships are valued using their respective net asset value (NAV), and are audited annually. The most significant input into the NAV of such an entity is the fair value of its investment holdings. These holdings are valued by the general partners on a quarterly or semi-annual basis, in conjunction with management and investment advisors, and consultation with valuation specialists. The management assumptions are based upon the nature of the investment and the underlying business. The valuation techniques vary based upon investment type and involve a certain degree of expert judgment. All timber acquisitions are valued per an independent expert third party appraisal within one year of acquisition and similar independent third party appraisals of fair value are conducted at least every three years thereafter. Concentrations. As of September 30, 2015, the Employees' Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2015, the annual money-weighted rate of return on investments of the Employees’ Pension Plan, net of pension plan investment expense, was (0.03)%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 80 Net pension liability. The components of the net pension liability of the City for the Employees’ Pension Plan at September 30, 2015, were as follows: Total pension liability847,358,253$ Plan fiduciary net position840,268,849 City's net pension liability7,089,404$ Plan fiduciary net position as a percentage of99.16% the total pension liability The changes in the net pension liability of the City for the Employees’ Pension Plan for the year ending September 30, 2015 were as follows: Total PensionPlan FiduciaryNet Pension LiabilityNet PositionLiability/(Asset) (a)(b)(a) - (b) Balances at 9/30/14819,598,826$ 863,589,949$ (43,991,123)$ Changes for the year: Service cost14,585,979 - 14,585,979 Interest56,983,247 - 56,983,247 Differences between expected and actual experience(3,532,969) - (3,532,969) Contributions - employer- 14,923,098 (14,923,098) Contributions - employee- 6,483,666 (6,483,666) Contributions - state tax- 12,000 (12,000) Net investment income- (4,165,092) 4,165,092 Benefit payments, including refunds of employee contributions(40,276,830) (40,276,830) - Administrative expense- (297,942) 297,942 Net changes27,759,427 (23,321,100) 51,080,527 Balances at 9/30/15847,358,253$ 840,268,849$ 7,089,404$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of January 1, 2015 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2015 (Measurement Date): Inflation2.50% Salary increases3.50% to 7.90% depending on service, including inflation Investment rate of return7.00% net of investment expense City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 81 Mortality rates were based on the fully generational RP-2000 Combined Healthy Participant Mortality Tables for males and females. Mortality improvements are projected to all future years from the year 2000 using Scale BB. The actuarial assumptions used in the January 1, 2015 valuation were based on the results of an experience study of the 5-year period from January 1, 2007 to January 1, 2012. There were no benefit or assumption changes during the year. Long-term expected rate of return. The long-term expected rate of return on investments of the Employees’ Pension Plan was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. For each major asset class that is included in the pension plan’s target asset allocation as of September 30, 2015, these best estimates are summarized in the following table: Long-Term Expected Asset ClassReal Rate of Return Large Cap Growth6.70% Large Cap Value6.60% Mid Cap Growth7.70% Mid Cap Value7.30% Small Cap Growth8.40% Small Cap Value8.00% Intermediate Fixed2.00% International Equity7.10% Emerging Markets Equity9.80% Private Real Estate - Core4.80% US REITS5.80% Timber4.70% Discount rate. A single discount rate of 7.00% was used to measure the total pension liability. The single discount rate was based on the expected rate of return on pension plan investments of 7.00%. The projection of cash flows used to determine single discount rate assumed that plan member contributions will be made a t the current contribution rate and that employer contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on these assumptions, the pension plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the net pension liability to changes in the discount rate. The following presents the Employee Pension Plan’s net pension liability, calculated using a single discount rate of 7.00%, as well as what the plan’s net pension liability/(asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1%Discount Rate1% DecreaseAssumptionIncrease 6.00%7.00%8.00% 117,815,456$ 7,089,404$ (83,780,938)$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 82 Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2015, the City recognized pension expense of $17,655,817 for the Employees’ Pension Plan. At September 30, 2015, the City reported deferred outflows of resources and deferred inflows of resources related to pension from the following sources: Deferred OutflowsDeferred InflowsNet Deferred Outflows of Resourcesof Resourcesof Resources Differences between expected and actual experience-$ 2,796,933$ (2,796,933)$ Net differences between projected and actual earnings on pension plan investments51,156,742 - 51,156,742 Total51,156,742$ 2,796,933$ 48,359,809$ Amounts reported as deferred outflows or resources and deferred inflows on resources related to pensions will be recognized in pension expense as follows: Year ended September 30: 201612,053,151$ 201712,053,151 201812,053,151 201912,200,356 2020- Thereafter- 48,359,809$ The Firefighters’ Relief and Pension Plan is authorized and operated under the provisions of Subpart B, Article I (Laws of Florida, Chapter 30658, 1955 and amendments), Sections 1 through 27 of the Municipal Charter and Related Law of the City of Clearwater and Chapter 26, Article III, Sections 26.50 through 26.52 of the Municipal Code of the City of Clearwater. Since the last actuarial valuation as of October 1, 2014, the Mortality Assumption for retired participants has changed from the 1994 Unisex Mortality Table projected to 2010 using Scale AA, to the RP2000 table projected to 2020 using Scale BB. There is no change to the tables used for disabled participants. Management of the Firefighters’ Relief and Pension Plan rests with the Board of Trustees, which consists of the Mayor, the Fire Chief and three members of the Fire Department, which can be either active or retired members of the Firefighters’ Relief and Pension Plan, as stipulated in Chapter 2008-287, Laws of Florida. If no one is available to stand for election or to participate in the voting, then members of the Board of Trustees will be appointed by the City Council from membership of the City Council. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, October 1, 2015, the membership of the Firefighters’ Relief and Pension Plan was as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 83 Firefighters' Relief and Pension Plan Retirees and benficiaries currently receiving benefits22 Terminated employees entitled to benefits but not yet receiving them- Active employees- Total number of participants22 Benefits provided. The normal retirement benefit is a monthly benefit in the amount of 50% of the prevailing wage at the date of retirement of the lowest rank held by the participant during the three years immediately preceding retirement plus 2% of such prevailing wage for each year of service in excess of 20 years up to a maximum of 60%. Participants retiring at the age of 65 years are entitled to a benefit of 60% of the prevailing wage of the lowest rank held by the participant during the three years immediately preceding retirement. The ending rate of pay specified above may not exceed the highest rate of pay for the rank of Captain. Eligibility for normal retirement occurs upon completion of 20 years of service or attainment of age 65. The monthly benefits are payable for the life of the participant and continue, after the participant's death, to be paid to certain eligible surviving beneficiaries at an amount that is one-half of the amount received by the participant. Benefits are also provided for children of the deceased participant who are less than 18 years of age subject to certain limitations as to amount. The plan also provides for disability and death benefits and for vesting upon completion of at least 12 years of service. The plan provides for post retirement cost of living increases equal to the increase in the prevailing wage for the rank at which the participant retired with a limitation for those retiring on or after January 1, 1972, of 100% of the initial pension benefit for total cost of living increases. Participating employees are required to contribute 6% of their salaries up to the equivalent of the salary of a fireman holding the rank of Captain. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), is fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Contributions. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future annual valuations show an actuarial need for such. Investment policy. The Firefighters’ Relief and Pension Plan investment policy was adopted on September 28, 2000. It must be reviewed annually by the Board of Trustees. The following was the adopted asset allocation policy as of September 30, 2015: Asset ClassTarget Allocation Domestic Fixed Income0 - 70% Pooled Cash30% - 100% Concentrations. As of September 30, 2015, the Firefighters’ Relief and Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2015, the annual money-weighted rate of return on investments of the Firefighters’ Relief and Pension Plan, net of pension plan investment expense, was 4.315 %. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 84 Net pension liability/(asset). The components of the net pension liability/(asset) of the City for the Firefighters’ Relief and Pension Plan at September 30, 2015, were as follows: Total pension liability3,771,835$ Plan fiduciary net position4,615,299 City's net pension liability(843,464)$ Plan fiduciary net position as a percentage of122.36% the total pension liability The changes in the net pension liability of the City for the Firefighters’ Relief and Pension Plan for the year ending September 30, 2015 were as follows: Total PensionPlan FiduciaryNet Pension LiabilityNet PositionLiability/(Asset) (a)(b)(a) - (b) Balances at 9/30/143,797,780$ 4,860,303$ (1,062,523)$ Changes for the year: Service cost- - - Interest100,650 - 100,650 Differences between expected and actual experience114,258 - 114,258 Contributions - employer- - - Contributions - employee- - - Net investment income- 199,776 (199,776) Benefit payments, including refunds of employee contributions(442,775) (442,775) - Administrative expense- (2,005) 2,005 Other changes201,922 - 201,922 Net changes(25,945) (245,004) 219,059 Balances at 9/30/153,771,835$ 4,615,299$ (843,464)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of October 1, 2015 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2015 (Measurement Date): Inflation2.00% Salary increasesN/A Investment rate of return3.00% net of investment expense City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 85 Mortality rates were based on the RP2000 table projected to 2020 using Scale BB for retired participants. Mortality rates for disabled participants were based on PBGC Tables 3 and 4 for males and females, respectively. There is no projection of mortality improvement due to the small number of participants and their advanced age. Long-term expected rate of return. Because the Firefighters’ Relief and Pension Plan is limited to investments in fixed income securities and pooled cash, the long-term expected rate of return will approximate the discount rate of 3.00%. Discount rate. A discount rate of 3.00% was used to measure the total pension liability. The discount rate was based on the actuary’s expectation of future yields and consideration of the City’s projection of future weighted yield based on current asset holdings. Sensitivity of the net pension liability/(asset) to changes in the discount rate. The following presents the Firefighters’ Relief and Pension Plan’s net pension liability/(asset), calculated using a discount rate of 3.00%, as well as what the plan’s net pension liability/(asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1%Discount Rate1% DecreaseAssumptionIncrease 2.00%3.00%4.00% (642,860)$ (843,464)$ (1,027,253)$ Pension expense. For the year ended September 30, 2015, the City recognized pension expense of $0 for the Firefighters’ Relief and Pension Plan. IV.D.2. Police Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible policemen, which is funded by earmarked revenues received from the State and is administered by the Board of the Police Supplemental Pension Plan. The revenues received from the State are allocated among eligible police officers on the basis of days employed as Clearwater Police Officers. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, totaled $908,419 for the year ended September 30, 2015, and are obtained from an eighty-five one hundredths of one percent (0.85%) excise tax on the gross receipts from premiums collected on casualty insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund police department expenditures in the current year. The current year contributions represent 4.95% of current year covered payroll. The fair value of cash and investments at September 30, 2015, totaled $17,777,724. The Police Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.471 through 2.480 of the Municipal Code of the City of Clearwater and Chapter 185 of Florida Statutes. Under the plan provisions, the total monies received during each fiscal year, after payment or provision for all costs and expenses of management and operation of the plan, are allocated to participants on the basis of the total number of shares to which each participant is entitled. Each participant is entitled to one share in the fund for each day of service as a police officer of the City. All police officers, as defined in Section 26.70(g) of the Code of Ordinances of the City of Clearwater, who are elected, appointed, or employed full-time by the City are eligible to participate in the plan. There are no employee contributions to the supplemental plan. Benefits are fully vested for a lump sum distribution after twenty years from the date of hire, with provision for partial vesting after ten or more years under the plan. Accumulated benefits are payable in full in case of City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 86 death while employed by the City or in case of total and permanent job-related disability. Non-vested participants' account values upon termination of employment during any fiscal year are added to the monies received during that fiscal year for allocation to the remaining participants in the plan on the basis of total days worked. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2015, the payroll of the covered officers’ was $18,347,664; the City's total payroll for the same period was $86,804,948. Since the entitlement to benefits is based entirely upon the allocation of monies received by the plan to the participants' share accounts, there is no actuarial liability on the part of either the State or the City. IV.D. 3. Firefighters Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible firefighters, which is funded by earmarked revenues received from the State and is administered by the Board of the Clearwater Firefighters Supplemental Pension Plan. The revenues received from the State are allocated among eligible firefighters on the basis of days worked during the previous year. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, amounted to $1,171,812 in the year ended September 30, 2015, and are obtained from a one and eighty-five one hundredths percent (1.85%) excise tax on the gross receipts from premiums collected on property insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund fire department expenditures in the current year. The contributions represent 9.0% of current year covered payroll. The fair value of cash and investments at September 30, 2015, totaled $16,871,766. As the plan is described as a money purchase pension plan, whereby contributions are allocated based on the number of days worked during the fiscal year ended September 30, and interest earnings allocated based on the beginning balances in each participant's account, there is no actuarial liability on the part of the State or the City. The Firefighters Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.441 through 2.455 of the Municipal Code of the City of Clearwater and Chapter 175 of Florida Statutes. Eligibility requires two years of credited calendar year service as a firefighter with concurrent participation in the Employees' Pension Plan. There is no employee contribution to the supplemental plan, and benefits are vested for a lump sum distribution at ten years unless there is early retirement, disability or death. Non-vested participants' account values upon termination of employment are reallocated among the remaining participants on the basis of days worked during the previous year. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2015, the covered payroll was $13,669,674; the City's total payroll for the same period was $86,804,948. IV.D.4. Pension Plan Financial Statements Separate financial statements are provided in the Notes per the guidance of GASB Statement No. 34 as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 87 Statement of Fiduciary Net Position:Defined BenefitDefined Contribution Pension Trust FundsPension Trust Funds Firefighters'PoliceFirefighters Employees'Relief andSupplementalSupplemental Pension FundPension FundPension FundPension Fund ASSETS Cash and investments$664,633 $2,452,915 $9,263 $- Managed investment accounts, at fair value: Cash and cash equivalents20,079,929 - 807,131 420,882 Government bonds74,327,584 - - 981,264 Index linked government bonds2,024,881 - - - Agency bonds4,677,463 2,131,601 - - Domestic corporate bonds93,432,687 - - 2,612,955 International equity securities68,841,663 - 661,258 134,742 Domestic stocks385,095,014 - 9,594,426 3,631,667 Mortgage backed bonds65,823,726 - - 1,457,116 Asset backed securities8,083,271 - - - Other/Rights/Warrants184,045 - - - Domestic equity mutual funds37,540,241 - 4,568,761 4,253,733 International equity mutual fund34,071,336 - 2,136,885 1,136,840 Real estate56,847,854 - - 2,242,567 Total managed investment accounts851,029,694 2,131,601 17,768,461 16,871,766 Securities lending collateral196,139,408 - - - Receivables: Interest and dividends2,473,707 30,783 10,199 52,261 Unsettled investment sales4,793,812 - - - Securities lending earnings27,041 - - - Due from others15,028 - - - Total receivables7,309,588 30,783 10,199 52,261 Total assets 1,055,143,323 4,615,299 17,787,923 16,924,027 LIABILITIES Accounts payable 921,265 - - - Unsettled investment purchases17,813,801 - - - Obligations under securities lending196,139,408 - - - Total liabilities214,874,474 - - - FIDUCIARY NET POSITION Net position restricted for pension benefits$840,268,849 $4,615,299 $17,787,923 $16,924,027 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 88 Statement of Changes in Fiduciary Net Position:Defined BenefitDefined Contribution Pension Trust FundsPension Trust Funds Firefighters'PoliceFirefighters Employees'Relief andSupplementalSupplemental Pension FundPension FundPension FundPension Fund ADDITIONS Contributions: Contributions from employer$14,923,098 $- $- $- Contributions from employer - state tax12,000 - 908,419 1,171,812 Contributions from employees6,483,666 - - - Total contributions21,418,764 - 908,419 1,171,812 Investment income (loss): Net appreciation in fair value of investments(17,161,321) 91,553 (877,078) (881,548) Interest9,301,014 108,223 531 213,510 Dividends8,385,894 - 221,986 1,017,954 525,587 199,776 (654,561) 349,916 Less investment expenses: Investment management / custodian fees(5,102,757) - (22,589) (99,401) Net income from investing activities (4,577,170) 199,776 (677,150) 250,515 Securities lending income: Gross earnings603,784 - - - Rebate received29,839 - - - Bank fees(221,545) - - - Net income from securities lending 412,078 - - - Total additions 17,253,672 199,776 231,269 1,422,327 DEDUCTIONS Benefits and withdrawal payments: Benefits39,276,003 442,775 1,516,743 912,875 Withdrawal payments1,000,827 - - - Total benefits and withdrawal payments40,276,830 442,775 1,516,743 912,875 Income (loss) before administrative expenses(23,023,158) (242,999) (1,285,474) 509,452 Administrative expenses(297,942) (2,005) (13,478) (30,491) Net increase (decrease)(23,321,100) (245,004) (1,298,952) 478,961 Fiduciary net position restricted for pensions Fiduciary net position - beginning (as previously reported)863,589,949 4,860,303 19,086,875 17,676,345 Correction of an error (See Note IV.K.)- - - (1,231,279) Fiduciary net position - beginning (as restated)863,589,949 4,860,303 19,086,875 16,445,066 Fiduciary net position - ending$840,268,849 $4,615,299 $17,787,923 $16,924,027 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 89 IV.D.5. 401(a) defined contribution plan For all management employees not covered under either of the defined benefit pension plans, the City provides pension benefits through a 401(a) defined contribution plan. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. Employees are participants from the date of employment and are fully vested upon enrollment. The plan is totally contributory on the part of the City in an amount equal to 15% of compensation on behalf of the City Manager and the City Attorney and 8% of compensation on behalf of all other management contract employees and Assistant City Attorneys. The City makes bi-weekly contributions to the Trust throughout the plan year to meet its funding obligations under the plan. Plan provisions and contribution requirements are established and may be amended by the City Council. The International City Management Association Retirement Corporation (ICMA-RC), the trustee for the defined annuity, offers participants a variety of investment options. The City’s total payroll for the fiscal year ended September 30, 2015 was $86,804,948. The Plan members’ payroll for the same period totaled $4,233,550. The City’s contribution, per the above contribution rates, totaled $363,538. The assets, reported at fair value based on quoted market prices, totaled $6,982,489 at September 30, 2015. IV.D.6. Deferred compensation plan The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. Effective January 1, 1997, Federal legislation converted the Section 457 deferred compensation assets from City assets to employee assets. As a result of these changes, plan assets are no longer subject to the claims of the City’s general creditors. Consequently, these assets are no longer reported in the accompanying financial statements, in compliance with GASB Statement No. 32. IV.E. Post-employment Benefits Other Than Pension Plan Description - The City of Clearwater administers a single-employer defined benefit healthcare plan (the “Plan”) that provides medical insurance benefits to its employees and their eligible dependents. Because the City provides a medical plan to active employees of the City and their eligible dependents, the City is also required by Section 112.0801 of the Florida Statutes to provide retirees with the opportunity to participate in this Plan. Benefit provisions for the Plan are established by the City Council and may be amended by the City Council. The retirees pay the full group premium amount for health insurance with no explicit subsidy from the City. Additionally the City provides and pays for $1,000 of term life insurance for retirees who retired before October 1, 2008. The term life insurance benefit provision was also established, and may be amended, by action of the City Council. The City does not issue stand-alone financial statements for these programs. Funding Policy – Contribution rates for the Plan are established on an annual basis by the City Council. Eligible retirees and their covered dependents receiving benefits contribute 100% of their premium costs for health insurance and 0% of the cost for the $1,000 term life insurance. For the year ended September 30, 2015, the estimated retiree contributions for health insurance premiums totaled $1,358,083. While the City does not directly contribute towards the costs of retiree premiums via an explicit subsidy, the ability of retirees to obtain health insurance coverage at a group rate which includes active employees, constitutes a significant economic benefit to retirees, or an “implicit” subsidy. This implicit subsidy is City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 90 considered an “other post-employment benefit” (OPEB) obligation of the City. The City is currently funding this OPEB obligation on a pay-as-you-go basis. For the year ended September 30, 2015, the City estimated it subsidized $1,611,464 of health care costs for retirees and their covered dependents, and $18,361 of life insurance benefits for retirees. Annual OPEB Cost and Net OPEB Obligation – The City’s annual OPEB cost (expense) is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with parameters of GASB Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and to amortize unfunded liabilities of the plan over a period not to exceed thirty years. The following table shows the components of the City’s annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City’s net OPEB obligation to the Plan, including both the implicit rate subsidy for health insurance and the term life insurance benefit: Annual required contribution3,446,429$ Interest on net OPEB obligation472,653 Adjustment to annual required contribution(513,753) Annual OPEB cost (expense)3,405,329 Contributions made(1,629,825) Increase in net OPEB obligation1,775,504 Net OPEB obligation - beginning of year11,816,331 Net OPEB obligation - end of year13,591,835$ The actuarially determined contribution requirements for the City’s fiscal year ended September 30, 2015, are based on an actuarial valuation as of January 1, 2014, supplemented by an actuarial roll-forward to adjust the results to be applicable to the fiscal year ending September 30, 2015. No trust or agency fund has been established for the plan and there were no adjustments to the annual required contribution or interest earnings. The City’s annual required contribution, the employer contributions made to the plan, and the percentage of the annual required contribution that was contributed for the fiscal year ending September 30, 2015, are presented below: Fiscal YearAnnualAnnual OPEBNet OPEB EndedOPEB CostCosts ContributedObligation 9/30/20132,935,226$ 44.05%9,721,023$ 9/30/20143,298,390$ 36.47%11,816,331$ 9/30/20153,405,329$ 47.86%13,591,835$ As of September 30, 2015, the accrued liability for benefits was $34,091,536, all of which was unfunded. The covered payroll (annual payroll of active employees covered by the plan) was $72.7 million and the ratio of the unfunded actuarial liability (UAL) to covered payroll was 46.9%. Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. Actuarial City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 91 valuations for other post-employment benefits involve estimates of the value of reported amounts and assumptions about the probability of events far into the future, and consequently actuarially determined amounts are subject to continual revision as results are compared to past expectations and new estimates are made about the future. For the September 30, 2015 report, the entry age normal actuarial cost method was used, with an increasing normal cost pattern consistent with the salary increase assumptions. The Unfunded Actuarial Accrued Liability (UAAL) reflects a 23- year, closed level percent of expected payroll amortization method. The actuarial assumptions included a 4.0% investment rate of return and projected salary increases of 6.0%, which reflects the general wage inflation assumption of 2.5% in addition to merit and seniority increases of 3.5%. The rates for salary increases, rates of disability, rates of termination and rates of retirement are the same as used by the Pension Plan Actuary. The actuarial valuation of the Plan as of January 1, 2014, reflected changes in actuarial assumptions and methods from the previous valuation as of January 1, 2012 as follows: the Health Care Cost Trend Rate decreased from 8.5% in 2012 to 8.0% in 2014, with planned decreases of ½% each subsequent year so that it is projected to reach the ultimate goal of 5% in 2021 rather than 2019. There were no changes to the Investment Discount Rate, Mortality Tables or Medicare Benefits. IV.F. Securities lending transactions The City of Clearwater Employees’ Pension Plan participates in securities lending transactions, as authorized by the Pension Trustees on April 14, 2003, via a Securities Lending Authorization Agreement with Northern Trust Company, who is also the pension plan’s custodian. Securities are loaned versus collateral that may include cash, U.S government securities, and irrevocable letters of credit. U.S. government securities are loaned versus collateral at 102% of the fair value of the securities plus any accrued interest. Non-U.S. securities are loaned versus collateral at 105% of the fair value plus any accrued interest. The Plan’s investment policy places no restrictions on the amount of securities that can be loaned. Non-cash collateral cannot be pledged or sold unless the borrower defaults. All securities loans can be terminated on demand by either the lender or the borrower. The average term for the pension plans loans at September 30, 2015 was 38 days. If a borrower fails to return the loaned security because of bankruptcy, insolvency, reorganization, liquidations, receivership, conservatorship, or a similar event, Northern Trust Company shall, at its expense, credit the City with the difference between the fair value of such loaned security and the fair value of the related collateral. At September 30, 2015, there was no failure by a borrower to return a loaned security. Cash “open” collateral is invested in a short-term investment pool, the Core USA Collateral Section, which had an average weighted maturity of 38 days as of September 30, 2015. Cash collateral may also be invested separately in “term loans” in which investments match the loan term. These term loans may be terminated on demand by either the lender or the borrower. There were no significant violations of legal or contractual provisions, nor any borrower or lending agent defaults known to the securities lending agent. The Plan did not impose any restrictions on the amount of loans made by Northern Trust during fiscal year 2015. Northern Trust has indemnified the Plan for losses attributable to violations by the entity of the Standard of Care set out in the Agreement. Northern Trust has also indemnified the Plan for all losses as a result of borrower default and for any losses resulting from related collateral insufficiency. At year-end the Plan has no credit risk exposure to borrowers because the amounts the Plan owes the borrowers equal or exceed the amounts the borrowers owe the Plan and the lending agent indemnifies the Plan if the collateral is inadequate to repay the borrowers. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 92 The following is a summary of securities on loan and their collateral at fair value: Security TypeLoaned SecuritiesCash CollateralLoaned SecuritiesCash Collateral U.S. Equity144,184,644$ 145,834,197$ -$ -$ U.S. Corporate Fixed7,924,418 8,032,464 - - U.S. Government Fixed40,936,631 41,673,939 - - Global Equities573,348 598,808 - - Total193,619,041$ 196,139,408$ -$ -$ Securities Collateralized by Non- CashSecurities Collateralized by Cash On the statement of fiduciary net position, a securities lending asset of $196,139,408 was reported that represents the fair value of the investments made with cash collateral at September 30, 2015. In addition, a securities lending obligation of $196,139,408 was reported that represents the collateral that the City is required to maintain to cover the fair value of the loaned securities. IV.G. Contingencies and commitments Loan Guarantee - PACT, Inc. PACT, Inc. is a nonprofit corporation formed in 1978, for the purpose of financing, constructing, and operating a performing arts center. Per a Guaranty Agreement dated May 18, 2001, the City guaranteed $1,000,0000 on a $5,000,000 mortgage note for PACT, Inc., used to refinance a previous mortgage with a similar City guarantee. City management does not consider it probable that this guarantee will be called, and, accordingly, no amounts have yet been accrued or otherwise recorded in the accompanying financial statements to reflect this possibility. Loan Guarantee – Chi Chi Rodriquez Youth Foundation, Inc. On March 30, 1992, the City Council approved a contingent loan guarantee of $1,000,000 on a $2,500,000 note for the Chi Chi Rodriquez Youth Foundation, Inc. The proceeds of the note were used to refinance existing foundation debt incurred to construct a golf course on a parcel of City-owned land. Subsequently, the note was refinanced with Variable Rate Demand Revenue Bonds (Chi Chi Rodriquez Youth Foundation Project), Series 1998, on August 1, 1998. In the event of default, the City is obligated to contribute $1,000,000 out of legally available non-ad valorem revenues. In addition, the City has the option to retire the entire unpaid balance and assume ownership and operation of the golf course facility. Pollution Remediation Claims Liabilities Pursuant to GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, the City is required to analyze known polluted sites to determine future component cost outlays, including estimation where required, for pollution remediation. At September 30, 2014, accruals totaled $478,503 consisting of $7,859 for removal of hydraulic lifts at various parcels which comprise the Prospect Lake Park site, $6,250 in the Airpark Fund (a non-major proprietary fund) for contamination cleanup from a fuel spill, $238,493 for the Harbor Drive Fill Area site which was a former landfill area, and $225,901 for assessment and remediation at the Gas Plant site (see the Soil and groundwater contamination site note below). During fiscal year 2015 net additions to estimates and contractual commitments totaled $44,989 with payments totaling $74,374. At September 30, 2015, accruals totaled $449,118 consisting of $232,574 for the Harbor Drive Fill Area site City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 93 which was a former landfill area, $11,551 for removal of hydraulic lifts at a recently acquired property on McMullen Booth Road, and $204,993 for assessment and remediation at the Gas Plant site. In addition to the above sites for which accruals exist, the City has 17 other sites that have known contamination from petroleum products, metals, arsenic, chlorine or coal tar. Ten of these sites are on the State of Florida Petroleum Clean- up Program. When any of these ten sites will be scheduled for cleanup cannot be determined at this time. The remaining seven sites are under monitoring plans or are awaiting responses from the FDEP on data submitted by the City. Any additional cleanup costs for these sites cannot be estimated at this time. On November 19, 2013, the FDEP approved the certification of closure construction completion of the former fill area at Philip Jones Field. However, this site remains on the list as it includes the Harbor Drive Fill Area for which assessment and remedial planning remain. On October 30, 2014, the Prospect Lake Park site was sold to Prospect Park Development, LLC. Construction began on 257 market-rate apartments in early 2015. The 6.85 acre site, adjacent to Prospect Lake Park, is located at the eastern end of the Cleveland Street business district. Since the City no longer owns this property, this site has been removed from the list. On April 27, 2015, the FEDP issued a Site Rehabilitation Completion Order for the Clearwater Airpark site at 1000 North Hercules Avenue, which releases the City from any further obligation to conduct site rehabilitation at the facility for petroleum product contamination associated with discharge events that occurred in 2001 and 2002. Therefore, this site has been removed from the list. Soil and groundwater contamination site The City is the owner of property located at 400 Myrtle Street, Clearwater, Pinellas County, Florida ("Property"). The Property occupies approximately six acres and is currently used by the City Gas Division as its administrative offices and operating facility. The City operated a manufactured gas plant at the Property from approximately 1929 to 1960. Following the discovery in June 1990 of soil and groundwater impacts at the Property allegedly resulting from the prior operation of the manufactured gas plant, the Florida Department of Environmental Protection ("FDEP") directed the City to implement measures to delineate the area and vertical extent of the impacts at the Property and, if necessary, implement appropriate remedial actions. Contamination assessment activities were initiated at the Property in 1995. On April 17, 1996, the City executed an Intergovernmental Agreement with FDEP, governing the scope of assessment and remediation work performed at the Property. The material terms and conditions of the Intergovernmental Agreement require the City to perform contamination assessment activities to delineate the area and vertical extent of soil and groundwater impacts and, if necessary, to remediate such impacts to the extent required by Florida law. Field activities to delineate the extent of impacts were performed from 1995 to 2003. The results of the final field work are presented in a Supplemental Assessment Report dated May 2003, in which the City's consultant concluded that field activities to delineate the extent of soil and groundwater impacts were complete and that a risk assessment should be undertaken to evaluate an appropriate remedy for the reported impacts. By letter dated April 19, 2004, FDEP directed the City to install two additional monitoring wells within the source area on site to delineate the vertical extent of groundwater impacts. The City and FDEP previously discussed the potential harm to the underlying aquifer that may result from the installation of monitoring wells through a source area and the underlying clay confining unit during a meeting with FDEP held on November 29, 2003. Based on the advice of its environmental consultant and other specialists consulted concerning this issue, the City has consistently maintained that the installation of the additional monitoring wells requested by FDEP will likely provide a pathway for the migration of impacts into the aquifer underlying the clay confining unit that is otherwise not presently impacted by the former operations of the MGP City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 94 based on existing perimeter monitoring well data. The City responded to the FDEP by letter dated April 29, 2004, requesting that FDEP advise the City whether the directive to install the additional vertical extent wells was deemed by FDEP to be final agency action that would otherwise be subject to review in an administrative proceeding. The City's April 29, 2004 response included a request for an extension of time to file an administrative proceeding in the event that FDEP deemed the April 19, 2004 FDEP communication to be final agency action. During fiscal 2005, the Myrtle Avenue Utility and Roadway Widening project began, requiring extensive dewatering during construction. Consulting, equipment, laboratory, permitting, and labor costs for dewatering in areas where there was suspected or known contamination from the former MGP plant were charged to the City of Clearwater Gas Division. All activities related to the Myrtle Avenue dewatering project were documented in the “Supplemental Site Assessment Report – North Myrtle Ave Roadway Corridor” dated March 2007. On January 17, 2008, FDEP issued a letter to the City stating FDEP was willing to replace the need for additional vertical delineation wells with periodic sampling of existing deep wells, as long as they remain unaffected by the contaminants of concern on the site. In May 2009, FDEP issued a status report on all Manufactured Gas Plant sites in Florida. In the report it referenced the January 17, 2008 letter and reaffirmed FDEP’s agreement to forego additional on-site vertical delineation if the City continues to monitor the perimeter wells on the facility. On June 22, 2009, the perimeter monitoring wells were tested and the results were reported to FDEP. On February 3, 2010, FDEP issued a letter that formally accepted Clearwater Gas System’s Contamination Assessment Report (CAR) and required no further site assessment activities. Furthermore, the DEP required CGS to re-sample all monitoring wells on the site within 60 days of the February 3, 2010 letter. In May 2010, CGS issued a Request for Proposal (RFP) to prepare a Feasibility Study, for DEP approval, that would offer a long-term corrective action plan for the gas plant site. Arcadis, Inc. was selected to conduct the Feasibility Study; however, two months into the project the City’s Environmental Attorney recommended an alternate method of site remediation. He proposed that the City work with the University of Waterloo (Canada) to treat the contaminated soils with sodium persulfate, a chemical oxidant, which would stop the off-site groundwater impacts that are currently experienced on the Pinellas County Health Department site. Chemical oxidation is accepted as a very effective method of dealing with Manufactured Gas Plant residuals. This project was approved by the City Council in January 2011. The project is scheduled to last approximately 6 years at an estimated cost of $600,000. In addition, the City has pursued insurance claims under certain insurance policies covering the Property for the period of time from June 1961 through July 1986. On September 17, 2001, the City agreed to reduce its claim against Southern American Insurance Company ("SAIC"), the sole remaining excess carrier with the City, at an undiscounted value of $300,000. In December 2007, the liquidator managing the SAIC liquidation made an initial payment to the City in the amount of $96,000. In September 2008, a second distribution payment of $174,000 was issued to the City. Finally, in December 2009, the City received a payment of $30,000 for a total collection amount of $300,000. In summary, the City has recovered $787,500 on all of its outstanding insurance claims. Expenses related to MGP assessment activities, which include both environmental consultant and outside attorney fees, were $53,507 for fiscal 2015. From 1993 through September 30, 2015, the City spent a total of $1,289,998. Contractual Commitment – Water and Sewer Utility Under the terms of a 30-year contract between the City and Pinellas County, which is effective through September 30, 2035, the maximum amount of water available to the City is 15 million gallons per day on an annual average basis with no minimum quantity purchase requirement. Effective October 1, 2014, the rate, which is set by the Pinellas County Board of County Commissioners (BOCC), was $3.8557 per 1,000 gallons. The rate effective October 1, 2015 is $3.9232 per 1,000 gallons. The cost of water purchased from the County during fiscal years 2014 and 2015 was $10,009,342 and $7,176,114 respectively. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 95 Contractual Commitment – Parking System Under the terms of a put agreement dated October 29, 2010, related to a development agreement between the City and L.O.M., Inc. (developer) for development of a condominium retail/commercial project including a parking garage, the City is obligated to purchase the parking garage component of the project for $9,300,000 from the lender if the developer defaults under the terms of the financing agreement within five years of the project’s completion on July 1, 2011. The City has segregated and restricted $9.3 million of Parking System enterprise funds per the terms of this put agreement, which expires on June 30, 2016. Contractual Commitment – Clearwater Marine Aquarium In a special election held on November 5, 2013, Clearwater voters approved a referendum to amend the Clearwater City Charter to allow the City to negotiate and enter into a lease with the Clearwater Marine Aquarium, Inc. (CMA) for the construction, operation and maintenance of an aquarium for an initial term of 60 years on City owned property which includes the current Clearwater City Hall. Because the City and the CMA did to enter into a lease on or before June 15, 2015, the exemptions created by the charter amendment expired and have no further force or effect. Grant Revenues During the current fiscal year and prior fiscal years, the City received revenues and contributions related to grants from the State of Florida, the federal government, and other grantors. These grants are for specific purposes and are subject to review and audit by the grantor agencies. Such audits could result in requests for reimbursement for expenditures disallowed under the terms of the grants. Based upon prior experience, City management believes such disallowances, if any, will not be significant. Encumbrances Encumbrance accounting is used in governmental funds to ensure effective budgetary control and accountability and to facilitate effective cash planning and control. At September 30, 2015, the amount of encumbrances expected to be honored upon performance by the vendor in the coming year were: General fund446,809$ Capital Improvement fund10,207,621 Nonmajor governmental funds443,943 11,098,373$ IV.H. Pending litigation In the normal course of operations the City is a defendant in various legal actions, the ultimate resolution of which is not expected to have a material effect on the financial statements, other than for amounts that have been reserved and recorded as liabilities in the Central Insurance Fund. IV.I. Conduit debt The City has one issue of conduit debt outstanding as follows: OriginalAmountAmount IssueOutstandingOutstanding Description / Purpose Amountat 9/30/14at 9/30/15 Drew Gardens Refunding Bonds / residential rental facility3,425,000$ 2,060,000$ 1,940,000$ The bonds do not constitute a debt, liability, or obligation of the City of Clearwater, the State of Florida, or any political subdivision thereof and accordingly have not been reported in the accompanying financial statements. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 96 IV.J. Restatement of Prior Year Net Position During the fiscal year ended September 30, 2015, the City implemented GASB Statement No. 68, Accounting and Financial Reporting for Pensions, an amendment of GASB Statement No. 27, and GASB Statement No. 71, Pension Transition Contributions Made Subsequent to the Measurement Date, an amendment of GASB Statement No. 68, for the Employees’ Pension Plan and the Firefighters’ Relief and Pension Plan. The objective of these Statements is to improve accounting and financial reporting by state and local governments for pensions. It requires the liability of employers to employees for defined benefit pension plans (net pension liability) to be measured as the portion of the present value of projected benefit payments to be provided through the pension plan to current active and inactive employees that is attributed to those employees’ past periods of service (total pension liability), less the amount of the pension plan’s fiduciary net position. In addition to establishing deferred inflows of resources and deferred outflows of resources as described in Note I.D.8., implementation of these statements resulted in the restatement of net position as of October 1, 2014, which increased the net position of governmental and business-type activities in the amounts of $76,806,809 and $23,268,912, respectively. During the current year it was determined that an allowance for uncollectible accounts would be recorded for mortgage loans receivable to reflect the likelihood of payment, deferral or loan forgiveness associated with each type of loan. This resulted in a prior period adjustment to net position as of October 1, 2014, which decreased the net position of governmental activities in the amount of $12,383,909. GovernmentalBusiness-Type ActivitiesActivities Beginning net position, as previously reported406,841,428$ 404,312,255$ Net pension asset - Firefighters' Relief and Pension Plan1,062,523 - Net pension asset - Employees' Pension Plan29,582,138 9,018,101 Deferred Outflows - Employees' Pension Plan48,861,725 15,084,203 Deferred Inflows - Employees' Pension Plan(2,699,577) (833,392) Restatements related to Pensions76,806,809 23,268,912 Prior period adjustment related to mortgage receivables (See Note IV.L.)(12,383,909) - Total restatements64,422,900 23,268,912 Beginning net position, as restated471,264,328$ 427,581,167$ IV.K. Restatement - Correction of an Error During the current year it was noted that an investment asset was incorrectly recorded twice due to a change in reporting by the custodian of the Firefighters Supplemental Defined Contribution Pension Trust Fund. As a result, the September 30, 2014 financial statements have been restated to properly reflect the correction of an error. The effects of this adjustment to the previously issued financial statements are as follows: Net AppreciationNet Increase Total Managed(Depreciation)(Decrease) in Investmentin Fair Value ofFiduciary NetFiduciary Net AccountsInvestmentsPositionPosition Balances, as previously reported17,616,341$ 1,862,588$ 2,626,098$ 17,676,345$ Correction of error(1,231,279) (1,231,279) (1,231,279) (1,231,279) Balances, as restated16,385,062$ 631,309$ 1,394,819$ 16,445,066$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2015 97 IV.L. Prior Period Adjustment During the current year it was determined that an allowance for uncollectible accounts would be recorded for mortgage loans receivable reported in the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund and the Pinellas County Local Housing Assistance Trust Funds (nonmajor governmental funds) to reflect the likelihood of payment, deferral or loan forgiveness associated with each type of loan. This methodology was applied to mortgage loans receivable as of October 1, 2014, and recorded as a prior period adjustment as follows: Allowance for UncollectableFund AccountsBalance Balances, as previously reported: Special Programs Fund202,321$ 22,764,449$ SHIP Local Housing Assistance Trust Fund209,062 7,068,127 Pinellas County Local Housing Assistance Trust Fund- 896,506 411,383 30,729,082 Prior period adjustments: Special Programs Fund7,130,743 (7,130,743) SHIP Local Housing Assistance Trust Fund5,031,689 (5,031,689) Pinellas County Local Housing Assistance Trust Fund221,477 (221,477) 12,383,909 (12,383,909) Balances, as restated: Special Programs Fund7,333,064 15,633,706 SHIP Local Housing Assistance Trust Fund5,240,751 2,036,438 Pinellas County Local Housing Assistance Trust Fund221,477 675,029 12,795,292$ 18,345,173$ IV.M. Extraordinary Item – Deepwater Horizon Oil Spill In the time period following the Deepwater Horizon Oil Spill of April 2010, the City incurred reduced revenues that were determined to be directly or indirectly attributed to the oil spill. On July 13, 2015, the City adopted Resolution 15-18 and accepted a full and final settlement of all claims against BP Exploration and Production, Inc. and others in the amount of $6,480,352, net of $1,658,687 attorney’s fees. Because this event was infrequent in occurrence and would not be reasonably expected to recur in the foreseeable future, the proceeds are categorized as an Extraordinary Item on the General Fund Statement of Revenues, Expenditures and Changes in Fund Balance as well as the Government-wide Statement of Activities. IV.N. Subsequent Event On November 18, 2015, City Council approved a Third Amendment to the lease between the City of Clearwater and Marina Cantina, LLC for the lease of 9,285 square feet of interior space and 11,237 square feet of exterior patio space for development of a destination restaurant at the Clearwater Marina. The amendment modifies the terms of the lease dated September 17, 2012, to provide reimbursement to the lessee for numerous unanticipated emergency repairs and upgrades to the marina building in the amount of $409,606 that were not contemplated in the original lease and were incurred prior to September 30, 2015. 20152014 Total Pension Liability Service Cost$14,585,979 14,670,375 Interest on the Total Pension Liability56,983,247 55,622,257 Benefit Changes- - Difference between Expected and Actual Experience(3,532,969) (11,230,163) Assumption Changes- - Benefit Payments(39,276,003) (37,118,458) Refunds(1,000,827) (1,675,419) Net Change in Total Pension Liability 27,759,427 20,268,592 Total Pension Liability - Beginning 819,598,826 799,330,234 Total Pension Liability - Ending (a)$847,358,253 819,598,826 Plan Fiduciary Net Position Contributions - Employer$14,923,098 18,860,463 Contributions - Non-Employer Contributing Entity12,000 12,000 Contributions - Employee6,483,666 7,073,440 Net Investment Income(4,165,092) 82,832,149 Benefit Payments(39,276,003) (37,118,458) Refunds(1,000,827) (1,675,419) Administrative Expense(297,942) (175,212) Other - - Net Change in Plan Fiduciary Net Position (23,321,100) 69,808,963 Plan Fiduciary Net Position - Beginning 863,589,949 793,780,986 Plan Fiduciary Net Position - Ending (b)$840,268,849 863,589,949 Net Pension Liability/(Asset) - Beginning (43,991,123) 5,549,248 Net Pension Liability/(Asset) - Ending (a) - (b)7,089,404 (43,991,123) Plan Fiduciary Net Position as a Percentage of Total Pension Liability 99.16%105.37% Covered Employee Payroll 76,767,125 75,629,669 Net Pension Liability as a Percentage of Covered Employee Payroll 9.23%-58.17% Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 1 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Employees' Pension Plan 98 20152014 Total Pension Liability Service Cost$- - Interest on the Total Pension Liability100,650 92,956 Benefit Changes- - Difference between Expected and Actual Experience114,258 (426,528) Assumption Changes201,922 - Benefit Payments(442,775) (525,760) Refunds Other - 143,654 Net Change in Total Pension Liability (25,945) (715,678) Total Pension Liability - Beginning 3,797,780 4,513,458 Total Pension Liability - Ending (a)$3,771,835 3,797,780 Plan Fiduciary Net Position Contributions - Employer- - Contributions - Non-Employer Contributing Entity- - Contributions - Employee- - Net Investment Income199,776 169,627 Benefit Payments(442,775) (525,760) Refunds - - Administrative Expense(2,005) (5,808) Other - - Net Change in Plan Fiduciary Net Position (245,004) (361,941) Plan Fiduciary Net Position - Beginning 4,860,303 5,222,244 Plan Fiduciary Net Position - Ending (b)$4,615,299 4,860,303 Net Pension Liability/(Asset) - Beginning (1,062,523) (495,433) Net Pension Liability/(Asset) - Ending (a) - (b)(843,464) (1,062,523) Plan Fiduciary Net Position as a Percentage of Total Pension Liability 122.36%127.98% Covered Employee Payroll N/AN/A Net Pension Liability as a Percentage of Covered Employee Payroll N/AN/A Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 2 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Firefighters' Relief and Pension Plan 99 Actuarially ContributionActual Contribution FY EndingDeterminedActualDeficiency Coveredas a % of September 30ContributionContribution(Excess)PayrollCovered Payroll 201510,803,098$ 14,935,098$ (4,132,000)$ 76,767,125$ 19.46% 201419,608,078 18,872,463 *735,615 75,629,669 24.95% Valuation Date:January 1, 2015 Measurement Date:September 30, 2015 Notes: Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost MethodFrozen Entry Age Amortization MethodLevel Dollar, Closed Remaining Amortization Period17 years Asset Valuation Method5-year smoothed market; 20% corridor Inflation2.50% Salary Increases3.50% to 7.90% depending on service; including inflation Investment Rate of Return7.00% Retirement Age Mortality Other Information: Notes Data unavailable prior to 2014. RP-2000CombinedHealthyParticipantMortalityTablesformalesand femaleswithfuturemortalityimprovementsprojectedfrom2000toallfuture years by using Scale BB. Therewerenobenefitorassumptionchangesduringtheyear.Theabove assumptionswerelastupdatedfortheJanuary1,2013valuationpursuantto anexperiencestudyofthe5-yearperiodfromJanuary1,2007through January1,2012.EffectivefortheJanuary1,2015valuation,theactuarial costmethodwaschangedfromtheFrozenEntryAgemethodtotheEntry Age Normal method. Schedule of Contributions Employees' Pension Plan *Aportionoftheplan'screditbalancewasappliedtomeettheremainderoftheactuariallydetermined contribution for the fiscal year ending September 30, 2014. Notes to Schedule of Contributions ActuariallydeterminedcontributionsarecalculatedasofJanuary1,whichis ninemonthspriortothebeginningofthefiscalyearinwhichcontributions are reported. Page 3 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Experience-basedtableofratesthatarespecifictotheemployment classification and type of eligibility condition. 100 Actuarially ContributionActual Contribution FY EndingDeterminedActualDeficiency Coveredas a % of September 30ContributionContribution(Excess)PayrollCovered Payroll 2015$- $- $- $- $0.00% 2014- - - - 0.00% Note: Data unavailable prior to 2014. Page 4 of 6 EffectivewiththefiscalyearendedSeptember30,2007,theFirefighters'ReliefandPensionPlan,withno remainingactivemembers(onlyretirees),wasfullyfundedpertherequirementsofthegoverningOrdinance. The City may elect to contribute should future valuations show an actuarial need for such. Schedule of Contributions Firefighters' Relief and Pension Plan Notes to Schedule of Contributions City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited 101 20152014 Annual money-weighted rate of return, net of investment expense-0.03%10.90% Note: Data unavailable prior to 2014. Page 5 of 6 Schedule of Investment Returns Employees' Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited 102 20152014 Annual money-weighted rate of return, net of investment expense4.315%3.902% Note: Data unavailable prior to 2014. Page 6 of 6 Schedule of Investment Returns Firefighters' Relief and Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited 103 Page 1 of 1 Schedule of Employer Contributions: FiscalAnnualPercentage YearRequiredEstimated of ARC EndingContributionContributions (1)Contributed September 30, 20082,415,000$ 618,900$ 25.63% September 30, 20092,657,200$ 642,600$ 24.18% September 30, 20102,676,849$ 1,226,290$ 45.81% September 30, 20112,591,067$ 1,267,980$ 48.94% September 30, 20122,634,280$ 1,168,342$ 44.35% September 30, 20132,922,797$ 1,292,849$ 44.23% September 30, 20143,314,592$ 1,203,082$ 36.30% September 30, 20153,446,429$ 1,629,825$ 47.29% (1) Since there is no funding, these are the estimated benefit payments. Schedule of Funding Progress: ActuarialActuarial AccruedUnfunded AAL Value ofLiability (AAL) -UnfundedFundedCoveredas a Percentage Actuarial ValuationAssetsProjected Unit CreditAALRatioPayroll of Covered Payroll Date (Biannual)(a)(b)(b-a)(a/b)(c)((b-a) /c) October 1, 2007(1)-$ 23,215,500$ 23,215,500$ 0.00%83,100,000$ 27.94% January 1, 2010-$ 32,823,521$ 32,823,521$ 0.00%80,987,124$ 40.53% January 1, 2012-$ 30,721,086$ 30,721,086$ 0.00%68,293,356$ 44.98% January 1, 2014-$ 34,091,536$ 34,091,536$ 0.00%70,649,261$ 48.25% (1) Initial year of plan dislosure. City of Clearwater, Florida Other Post-Employment Benefits Required Supplementary Information - Unaudited Significantchangesaffectingthepresentedtrendinformationinclude:TheactuarialvaluationofthePlanasofJanuary1,2014,reflected changesinactuarialassumptionsandmethodsfromthepreviousvaluationasofJanuary1,2012asfollows:TheHealthCareCostTrendRate decreasedfrom8.5%in2012to8.0%in2014,withplanneddecreasesof½%eachsubsequentyearsothatitisprojectedtoreachtheultimategoal of 5% in 2021 rather than 2019. There were no changes to the Investment Discount Rate, Mortality Tables or Medicare Benefits. 104 105 Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. Special Programs Fund – to account for grants and contributions, the use of which is restricted for certain programs. Community Redevelopment Agency Fund – to account for receipt, custody, and expenditure of property tax increment funds associated with related redevelopment projects. Local Housing Assistance SHIP Trust Fund – to account for monies allocated to the City under the State Local Housing Assistance SHIP grant program. Pinellas County Local Housing Assistance Trust Fund – to account for monies allocated to the City under the Pinellas County Local Housing Assistance grant program. 106 Debt Service Funds Debt service funds provide separate accounting records for all debt interest, principal, and reserve requirements for general government long-term. Debt of proprietary funds is serviced through restricted accounts maintained within the individual enterprise or internal service fund associated with the debt. Notes and Mortgages Debt Service Fund - to account for the advance monthly accumulation of resources by transfer of General Revenues from the General and Special Revenue Funds and the payment of currently maturing installments of principal and interest on the various note and mortgage obligations of the governmental funds during each fiscal year. Spring Training Facility Revenue Bonds Debt Service Fund – to account for the advance monthly accumulation of resources received from the State of Florida and Pinellas County, and the payment of currently maturing installments of principal and interest each year. 107 Capital Projects Funds Capital projects funds are used to account for resources to be used for the acquisition or construction of major capital improvement projects, other than those financed by proprietary funds. A major capital improvement project is a property acquisition, a major construction undertaking, or a major improvement to an existing facility or property, with a cost greater than $25,000 and a minimum useful life of at least five years. Community Redevelopment Agency Capital Projects Fund – to provide separate accounting records for the acquisition or construction of capital improvement projects for the Clearwater Community Redevelopment Agency. SHIPPinellas County CommunityLocal HousingLocal Housing SpecialRedevelopmentAssistanceAssistance ProgramsAgencyTrustTrustTotal ASSETS Cash and investments$12,398,713 $- $412,310 $370,065 $13,181,088 Receivables: Accrued interest39,730 21,323 1,756 1,195 64,004 Mortgage notes3,097,706 - 1,696,291 278,393 5,072,390 Other8,148 - - - 8,148 Due from other governments - grants124,592 - - - 124,592 Due from other governments - other228,204 - - - 228,204 Land held for resale220,741 3,118,011 - - 3,338,752 Advances to other funds325,440 - - - 325,440 Total assets$16,443,274 $3,139,334 $2,110,357 $649,653 $22,342,618 LIABILITIES Accounts and contracts payable$409,674 $3,213 $9,426 $- $422,313 Accrued payroll36,708 - - - 36,708 Due to other funds- 316,667 - - 316,667 Due to other funds (deficit in pooled cash)- 24,536 - - 24,536 Due to other governmental entities899 48,000 - - 48,899 Construction escrows- - 3,383 - 3,383 Advances from other funds- 958,773 - - 958,773 Total liabilities447,281 1,351,189 12,809 - 1,811,279 FUND BALANCES Restricted9,409,214 3,118,011 2,097,548 649,653 15,274,426 Committed3,609,753 - - - 3,609,753 Assigned2,977,026 - - - 2,977,026 Unassigned- (1,329,866) - - (1,329,866) Total fund balances15,995,993 1,788,145 2,097,548 649,653 20,531,339 Total liabilities and fund balances$16,443,274 $3,139,334 $2,110,357 $649,653 $22,342,618 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30, 2015 108 Capital SpringProject TrainingFundTotal NotesFacilityCommunityNonmajor andRevenueRedevelopmentGovernmental MortgagesBondsTotalAgencyFunds $- $619,734 $619,734 $6,276,811 $20,077,633 - 1,947 1,947 - 65,951 - - - - 5,072,390 - - - - 8,148 - - - - 124,592 - - - - 228,204 - - - - 3,338,752 - - - - 325,440 $- $621,681 $621,681 $6,276,811 $29,241,110 $- $- $- $10,632 $432,945 - - - - 36,708 - - - - 316,667 - - - - 24,536 - - - - 48,899 - - - - 3,383 - - - - 958,773 - - - 10,632 1,821,911 - 621,681 621,681 6,244,097 22,140,204 - - - - 3,609,753 - - - 22,082 2,999,108 - - - - (1,329,866) - 621,681 621,681 6,266,179 27,419,199 $- $621,681 $621,681 $6,276,811 $29,241,110 Debt Service Funds 109 SHIPPinellas County CommunityLocal HousingLocal Housing SpecialRedevelopmentAssistanceAssistance ProgramsAgencyTrustTrustTotal REVENUES Intergovernmental: Federal$1,408,884 $- $- $- $1,408,884 State241,383 - 442,764 - 684,147 Local350,978 1,009,429 - - 1,360,407 Charges for services1,364,328 - - - 1,364,328 Fines and forfeitures410,576 - - - 410,576 Investment earnings281,285 133,488 19,282 11,972 446,027 Miscellaneous994,113 66,421 - 13,372 1,073,906 Total revenues5,051,547 1,209,338 462,046 25,344 6,748,275 EXPENDITURES Current: General government200,282 - - - 200,282 Public safety2,016,005 - - - 2,016,005 Physical environment81,440 - - - 81,440 Economic environment1,443,348 774,766 57,160 - 2,275,274 Human services223,207 - - - 223,207 Culture and recreation1,631,755 - - - 1,631,755 Debt service: Principal- - - - - Interest & fiscal charges- 18,445 - - 18,445 Capital outlay56,751 - - - 56,751 Total expenditures5,652,788 793,211 57,160 - 6,503,159 Excess (deficiency) of revenues over / (under) expenditures(601,241) 416,127 404,886 25,344 245,116 OTHER FINANCING SOURCES (USES) Transfers in1,403,988 1,160,102 - - 2,564,090 Transfers out(440,460) (3,215,738) (343,776) (50,720) (4,050,694) Total other financing sources (uses)963,528 (2,055,636) (343,776) (50,720) (1,486,604) Net change in fund balances362,287 (1,639,509) 61,110 (25,376) (1,241,488) Fund balances - beginning (as previously reported)22,764,449 3,427,654 7,068,127 896,506 34,156,736 Prior period adjustment (See Note IV.L.)(7,130,743) - (5,031,689) (221,477) (12,383,909) Fund balances - beginning (restated)15,633,706 3,427,654 2,036,438 675,029 21,772,827 Fund balances - ending$15,995,993 $1,788,145 $2,097,548 $649,653 $20,531,339 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2015 110 Spring TrainingFundTotal NotesFacilityCommunityNonmajor andRevenueRedevelopmentGovernmental MortgagesBondsTotalAgencyFunds $- $- $- $- $1,408,884 - 500,004 500,004 - 1,184,151 - 587,650 587,650 - 1,948,057 - - - - 1,364,328 - - - - 410,576 12,170 12,170 - 458,197 - - - 210 1,074,116 - 1,099,824 1,099,824 210 7,848,309 - - - - 200,282 - - - - 2,016,005 - - - - 81,440 - - - 39,702 2,314,976 - - - - 223,207 - - - - 1,631,755 293,476 635,000 928,476 - 928,476 13,417 438,906 452,323 - 470,768 - - - - 56,751 306,893 1,073,906 1,380,799 39,702 7,923,660 (306,893) 25,918 (280,975) (39,492) (75,351) 306,893 - 306,893 2,541,175 5,412,158 - - - (503,899) (4,554,593) 306,893 - 306,893 2,037,276 857,565 - 25,918 25,918 1,997,784 782,214 - 595,763 595,763 4,268,395 39,020,894 - - - - (12,383,909) - 595,763 595,763 4,268,395 26,636,985 $- $621,681 $621,681 $6,266,179 $27,419,199 Capital Debt Service Funds Project 111 Variance with Final Budget ActualPositive OriginalFinalAmounts(Negative) REVENUES Intergovernmental - Local$1,035,016 $1,009,429 $1,009,429 $- Investment earnings50,000 75,129 133,488 58,359 Miscellaneous 63,724 64,924 66,421 1,497 Total revenues1,148,740 1,149,482 1,209,338 59,856 EXPENDITURES Current - Economic environment260,164 329,666 774,766 (445,100) Debt Service - Interest & fiscal charges- - 18,445 (18,445) Total expenditures260,164 329,666 793,211 (463,545) Excess of revenues over expenditures888,576 819,816 416,127 (403,689) OTHER FINANCING SOURCES (USES) Transfers in854,967 824,991 1,160,102 335,111 Transfers out(1,743,543) (1,946,110) (3,215,738) (1,269,628) Total other financing sources (uses)(888,576) (1,121,119) (2,055,636) (934,517) Excess (deficiency) of revenues and other sources over expenditures and other uses- (301,303) (1,639,509) (1,338,206) Fund balances - beginning3,427,654 3,427,654 3,427,654 - Fund balances - ending$3,427,654 $3,126,351 $1,788,145 $(1,338,206) The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2015 Budgeted Amounts City of Clearwater, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Community Redevelopment Agency 113 115 Nonmajor Enterprise Funds Enterprise funds are used to account for the financing, acquisition, operation, and maintenance of governmental facilities that are supported primarily by user charges. Marine Operations Fund - to account for the financing, operation, and maintenance of the City’s marine operations (excluding the downtown boat slips) and associated real property from rents collected from users. Aviation Operations Fund - to account for the financing, operation, and maintenance of the City’s airpark operations from rents collected from users. Parking System Fund - to account for the financing, construction, operation and maintenance of the City's parking system, including on- and off-street parking on Clearwater Beach and Downtown Clearwater, from parking charges. Clearwater Harbor Marina Fund - to account for the financing, operation, and maintenance of the City’s downtown boat slips from boat slip rentals. MarineAviationParkingClearwater OperationsOperationsSystemHarbor MarinaTotal ASSETS Current assets: Cash and investments$1,024,066 $160,757 $11,423,181 $1,127,792 $13,735,796 Accrued interest receivable2,148 1,473 67,772 3,484 74,877 Accounts and contracts receivable 31,844 31,844 Due from other governmental entities1,225 435,656 - - 436,881 Inventories, at cost34,778 - - - 34,778 Total current assets - unrestricted1,062,217 597,886 11,490,953 1,163,120 14,314,176 Current assets - restricted: Restricted cash and investments- - 9,300,000 - 9,300,000 Total current assets - restricted- - 9,300,000 - 9,300,000 Total current assets1,062,217 597,886 20,790,953 1,163,120 23,614,176 Noncurrent assets: Capital assets: Land and other nondepreciable assets670,086 3,991,862 981,282 - 5,643,230 Capital assets, net of accumulated depreciation181,794 1,680,185 2,698,945 11,527,997 16,088,921 Total noncurrent assets851,880 5,672,047 3,680,227 11,527,997 21,732,151 Total assets1,914,097 6,269,933 24,471,180 12,691,117 45,346,327 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows on pension292,105 19,951 439,948 35,810 787,814 Total deferred outflows of resources292,105 19,951 439,948 35,810 787,814 LIABILITIES Current liabilities: Accounts and contracts payable130,305 119,395 114,711 27,172 391,583 Accrued payroll43,469 1,321 31,137 3,988 79,915 Deposits40,714 - 4,378 41,918 87,010 Unearned revenue and liens- - 17,777 27,079 44,856 Current portion of long-term liabilities: Compensated absences60,110 2,634 34,940 2,583 100,267 Due to other funds- 20,271 - - 20,271 Total current liabilities274,598 143,621 202,943 102,740 723,902 Noncurrent liabilities: Compensated absences46,021 2,016 26,750 1,978 76,765 Other postemployment benefits135,918 11,145 267,895 44,581 459,539 Net pension liability40,481 2,764 60,969 4,962 109,176 Total non-current liabilities222,420 15,925 355,614 51,521 645,480 Total liabilities497,018 159,546 558,557 154,261 1,369,382 DEFERRED INFLOWS OF RESOURCES Deferred inflows on pension15,970 1,091 24,054 1,958 43,073 Total deferred inflows of resources15,970 1,091 24,054 1,958 43,073 NET POSITION Net investment in capital assets851,880 5,672,047 3,680,227 11,527,997 21,732,151 Restricted for: Developer agreement- - 9,300,000 - 9,300,000 Unrestricted841,334 457,200 11,348,290 1,042,711 13,689,535 Total net position$1,693,214 $6,129,247 $24,328,517 $12,570,708 $44,721,686 The notes to the financial statements are an integral part of this statement. City of Clearwater, FloridaCombining Statement of Net Position Nonmajor Enterprise Funds September 30, 2015 116 MarineAviationParkingClearwater OperationsOperationsSystemHarbor MarinaTotals Operating revenues: Sales to customers$2,679,738 $17,922 $5,822,674 $- $8,520,334 User charges to customers189,984 - - 37,498 227,482 Rentals1,273,019 258,238 387,282 625,350 2,543,889 Total operating revenues4,142,741276,1606,209,956662,84811,291,705 Operating expenses: Personal services1,351,079 84,784 2,017,441 225,801 3,679,105 Purchases for resale1,928,088 - - 420 1,928,508 Operating materials and supplies105,282 10,244 113,773 54,643 283,942 Transportation10,012 1,033 90,576 3,354 104,975 Utility service231,047 44,575 48,702 69,747 394,071 Depreciation67,623 178,830 238,406 329,863 814,722 Interfund administrative charges192,912 53,964 961,152 143,448 1,351,476 Other current charges: Professional fees64,657 14,010 304,255 27,492 410,414 Advertising11,081 - 24 3,751 14,856 Communications15,044 - 20,773 1,579 37,396 Printing and binding- - 7,815 - 7,815 Insurance17,244 6,348 29,952 37,080 90,624 Repairs and maintenance60,070 450 433,665 1,085 495,270 Rentals1,870 - 25,884 - 27,754 Miscellaneous81,363 1,355 353,611 5,171 441,500 Data processing charges34,908 2,820 48,756 8,148 94,632 Taxes766 - - - 766 Total other current charges287,00324,9831,224,73584,3061,621,027 Total operating expenses4,173,046398,4134,694,785911,58210,177,826 Operating income (loss)(30,305)(122,253)1,515,171(248,734)1,113,879 Nonoperating revenues (expenses): Investment earnings13,907 9,539 427,802 22,133 473,381 Interest expense- (590) - - (590) Other209,465 6,296 4,972 51,353 272,086 Total nonoperating revenue (expenses)223,37215,245432,77473,486744,877 Income (loss) before contributions and transfers193,067(107,008)1,947,945(175,248)1,858,756 Capital grants and contributions5,090 716,801 - - 721,891 Transfers in- 25,000 - - 25,000 Transfers out(232,992) (14,364) (371,348) (421,406) (1,040,110) Change in net position(34,835)620,4291,576,597(596,654)1,565,537 Net position - beginning (as previously reported)1,177,7635,469,66621,865,20813,094,27941,606,916 Prior period restatements (Note IV.J.)550,28639,152886,71273,0831,549,233 Net position - beginning (restated)1,728,0495,508,81822,751,92013,167,36243,156,149 Net position - ending$1,693,214$6,129,247$24,328,517$12,570,708$44,721,686 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenues, Expenses, and Changes in Net Position Nonmajor Enterprise Funds For the Year Ended September 30, 2015 117 MarineAviationParkingClearwater OperationsOperationsSystemHarbor MarinaTotals CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers$4,126,510 $276,160 $6,212,159 $663,409 $11,278,238 Cash payments to suppliers(2,364,846) 42,225 (1,119,652) (138,833) (3,581,106) Cash payments to employees(972,788) (58,893) (1,414,791) (174,724) (2,621,196) Cash payments to other funds(296,487) (64,165) (1,220,665) (193,608) (1,774,925) Other revenues209,465 6,296 4,972 51,353 272,086 Net cash provided (used) by operating activities701,854 201,623 2,462,023 207,597 3,573,097 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds- 25,000 - - 25,000 Transfers to other funds(232,992) (14,364) (371,348) (421,406) (1,040,110) Payment of cash on loans to/from other funds- (20,271) - - (20,271) Net cash (used) by noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Interest paid- (590) - - (590) Acquisition of capital assets(14,803) (773,530) - (120,334) (908,667) Capital contributed by other governmental entities3,865 - - - 3,865 Capital contributed by developers- 342,322 - - 342,322 Net cash (used) by capital and related financing activities(10,938) (431,798) - (120,334) (563,070) CASH FLOWS FROM INVESTING ACTIVITIES Investment earnings13,098 8,978 423,308 21,633 467,017 Net cash provided by investing activities13,098 8,978 423,308 21,633 467,017 Net increase (decrease) in cash and cash equivalents471,022 (230,832) 2,513,983 (312,510) 2,441,663 Cash and cash equivalents at beginning of year553,044 391,589 18,209,198 1,440,302 20,594,133 Cash and cash equivalents at end of year$1,024,066 $160,757 $20,723,181 $1,127,792 $23,035,796 Cash and cash equivalents classified as: Cash and investments$1,024,066 $160,757 $11,423,181 $1,127,792 $13,735,796 Restricted cash and investments- - 9,300,000 - 9,300,000 Total cash and cash equivalents$1,024,066 $160,757 $20,723,181 $1,127,792 $23,035,796 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2015 (1,035,381) (232,992) (9,635) (371,348) (421,406) 118 MarineAviationParkingClearwater OperationsOperationsSystemHarbor MarinaTotals City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2015 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss)$(30,305) $(122,253) $1,515,171 $(248,734) $1,113,879 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Other nonoperating revenue209,465 6,296 4,972 51,353 272,086 Depreciation67,623 178,830 238,406 329,863 814,722 Change in assets and liabilities: (Increase) decrease in accounts receivable- - - (5,755) (5,755) (Increase) decrease in inventory40,286 - - - 40,286 Increase (decrease) in accounts and contracts payable52,725 112,859 98,621 23,477 287,682 Increase (decrease) in deposits(16,231) - 1,809 1,624 (12,798) Increase (decrease) in unearned revenue- - 394 4,692 5,086 Increase (decrease) in net pension liability291,670 19,921 439,293 35,756 786,640 Increase (decrease) in accrued payroll1,461 (68) 5,799 1,415 8,607 Increase (decrease) in other postemployment benefits16,337 1,337 53,901 5,469 77,044 (Increase) decrease in deferred outflows73,026 4,988 109,987 8,952 196,953 Increase (decrease) in deferred inflows(4,203) (287) (6,330) (515) (11,335) Total adjustments732,159 323,876 946,852 456,331 2,459,218 Net cash provided (used) by operating activities$701,854 $201,623 $2,462,023 $207,597 $3,573,097 119 121 Internal Service Funds Internal service funds are used to account for services and commodities furnished by a designated department to other departments within the City or to other governments on a cost reimbursement basis. Garage Fund - to account for the cost of automotive and other motorized equipment of the City. The acquisition cost of new or upgraded equipment is financed through user departments and the asset value is simultaneously contributed to the Garage Fund. The cost of replacement of existing equipment is financed by the Garage Fund. Administrative Services Fund - to account for various support activities including information technology, printing, mailing, and telephone services. The cost for these services is charged to user departments based on the cost of providing units of service. General Services Fund - to account for various support activities including building maintenance and custodial services for all City departments and facilities. The cost for these services is charged to user departments based on the cost of providing units of service. Central Insurance Fund - to account for the City's limited self-insurance program wherein all funds are assessed charges based on damage claims incurred and on management's assessment of individual funds' risk exposure. All claims and premiums are paid out of this fund, together with other costs necessary to administer the program. Medical self-insurance costs and employee health clinic operating expenses are also paid from this fund. AdministrativeGeneralCentral GarageServicesServicesInsuranceTotal ASSETS Current assets: Cash and investments$8,146,883 $9,980,293 $2,127,959 $36,487,486 $56,742,621 Accrued interest receivable26,782 35,597 6,720 107,155 176,254 Other receivables5,818 - - 32,670 38,488 Due from other funds- - - 1,099,430 1,099,430 Inventories, at cost429,235 - - - 429,235 Prepaid expenses and other assets- 444 - 1,746,474 1,746,918 Total current assets8,608,718 10,016,334 2,134,679 39,473,215 60,232,946 Noncurrent assets: Advances to other funds- - - 1,473,650 1,473,650 Capital assets: Land and other nondepreciable assets729,591 - - - 729,591 Capital assets, net of accumulated depreciation19,226,337 2,398,815 4,620 - 21,629,772 Total noncurrent assets19,955,928 2,398,815 4,620 1,473,650 23,833,013 Total assets28,564,646 12,415,149 2,139,299 40,946,865 84,065,959 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows on pension935,657 2,096,403 872,222 227,648 4,131,930 Total deferred outflows of resources935,657 2,096,403 872,222 227,648 4,131,930 LIABILITIES Current liabilities: Accounts and contracts payable2,085,451 222,003 165,906 226,652 2,700,012 Accrued payroll69,581 145,736 41,767 16,707 273,791 Unearned revenue446,639 - - - 446,639 Current portion of long-term liabilities: Compensated absences60,494 247,722 71,776 14,243 394,235 Capital lease purchases payable3,681,130 275,294 - - 3,956,424 Due to other funds- 91,654 - - 91,654 Claims payable- - - 2,208,800 2,208,800 Total current liabilities (payable from current assets)6,343,295 982,409 279,449 2,466,402 10,071,555 Noncurrent liabilities: Compensated absences46,314 189,659 54,955 10,904 301,832 Other postemployment benefits270,342 606,604 256,750 67,551 1,201,247 Capital lease purchases payable9,289,392 415,971 - - 9,705,363 Advances from other funds- 91,654 - - 91,654 Claims payable- - - 7,333,850 7,333,850 Net pension liability129,665 290,524 120,874 31,548 572,611 Total noncurrent liabilities9,735,713 1,594,412 432,579 7,443,853 19,206,557 Total liabilities16,079,008 2,576,821 712,028 9,910,255 29,278,112 DEFERRED INFLOWS OF RESOURCES Deferred inflows on pension51,156 114,618 47,688 12,446 225,908 Total deferred inflows of resources51,156 114,618 47,688 12,446 225,908 NET POSITION Net investment in capital assets6,985,406 1,707,550 4,620 - 8,697,576 Unrestricted6,384,733 10,112,563 2,247,185 31,251,812 49,996,293 Total net position$13,370,139 $11,820,113 $2,251,805 $31,251,812 $58,693,869 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Internal Service Funds September 30, 2015 122 AdministrativeGeneralCentral GarageServicesServicesInsuranceTotal Operating revenues: Charges for services$12,312,064 $9,994,032 $4,533,360 $21,766,356 $48,605,812 Other- - - 133,700 133,700 Total operating revenues12,312,0649,994,0324,533,36021,900,05648,739,512 Operating expenses: Personal services3,519,676 7,278,398 3,168,659 845,590 14,812,323 Purchases for resale4,234,170 - - - 4,234,170 Operating materials and supplies196,973 144,130 369,488 179,638 890,229 Transportation2,286 81,838 79,897 9,803 173,824 Utility service100,237 - 425,572 3,387 529,196 Depreciation4,911,663 728,817 14,207 - 5,654,687 Interfund administrative charges289,116 3,996 - - 293,112 Other current charges: Professional fees422,249 660,965 - 3,332,563 4,415,777 Communications19,761 1,061,804 33,870 5,332 1,120,767 Printing and binding501 17,980 60 - 18,541 Insurance: Premiums60,192 15,444 38,592 2,886,288 3,000,516 Claims incurred- - - 13,091,624 13,091,624 Repairs and maintenance825,762 1,389,627 1,226,352 16,096 3,457,837 Rentals38,405 389,832 17,648 49,240 495,125 Miscellaneous32,772 70,936 57,992 268,216 429,916 Data processing charges162,576 221,784 121,692 29,244 535,296 Taxes11,709 - - - 11,709 Total other current charges1,573,927 3,828,372 1,496,206 19,678,603 26,577,108 Total operating expenses14,828,048 12,065,551 5,554,029 20,717,021 53,164,649 Operating income (loss)(2,515,984) (2,071,519) (1,020,669) 1,183,035 (4,425,137) Nonoperating revenues (expenses) Investment earnings168,667 224,323 42,310 726,103 1,161,403 Interest expense(208,216) (21,997) - - (230,213) Gain on sale of capital assets544,272 - - - 544,272 Loss on disposal of capital assets(58,787) (225) - - (59,012) Other276,846 - - 49 276,895 Total nonoperating revenue (expenses)722,782 202,101 42,310 726,152 1,693,345 Income (loss) before contributions and transfers(1,793,202) (1,869,418) (978,359) 1,909,187 (2,731,792) Transfers in1,133,556 - - - 1,133,556 1,133,556 - - - 1,133,556 Change in net position(659,646) (1,869,418) (978,359) 1,909,187 (1,598,236) Net position - beginning (as previously reported)12,191,455 9,631,421 1,450,074 28,882,647 52,155,597 Prior period restatements (See Note IV.J.)1,838,330 4,058,110 1,780,090 459,978 8,136,508 Net position - beginning (restated)14,029,785 13,689,531 3,230,164 29,342,625 60,292,105 Net position - ending$13,370,139 $11,820,113 $2,251,805 $31,251,812 $58,693,869 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenue, Expenses, and Changes in Net Position Internal Service Funds For the Year Ended September 30, 2015 123 AdministrativeGeneralCentral GarageServicesServicesInsuranceTotal CASH FLOWS FROM OPERATING ACTIVITIES Cash received from other funds$12,312,064 $9,994,032 $4,533,360 $21,896,062 $48,735,518 Cash payments to suppliers(4,025,035) (3,380,397) (1,961,178) (20,412,771) (29,779,381) Cash payments to employees(2,356,952) (4,698,568) (2,102,706) (562,368) (9,720,594) Cash payments to other funds(723,524) (547,254) (287,182) (50,672) (1,608,632) Other revenues212,837 - - 49 212,886 Net cash provided (used) by operating activities5,419,390 1,367,813 182,294 870,300 7,839,797 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds1,133,556 - - - 1,133,556 Receipt of cash on loans to/from other funds 4,661,638 4,661,638 Payment of cash on loans to/from other funds- (91,653) - - (91,653) Net cash provided (used) by noncapital financing activities1,133,556 (91,653) - 4,661,638 5,703,541 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt(2,928,314) (320,066) - - (3,248,380) Interest paid(208,216) (21,997) - - (230,213) Acquisition of capital assets(10,564,834) (323,667) - - (10,888,501) Sale of capital assets485,485 - - - 485,485 Proceeds from issuance of debt7,896,262 337,211 - - 8,233,473 Net cash (used) by capital and related financing activities(5,319,617) (328,519) - - (5,648,136) CASH FLOWS FROM INVESTING ACTIVITIES Investment earnings167,641 222,681 42,062 726,259 1,158,643 Net cash provided by investing activities167,641 222,681 42,062 726,259 1,158,643 Net increase in cash and cash equivalents1,400,970 1,170,322 224,356 6,258,197 9,053,845 Cash and cash equivalents at beginning of year6,745,913 8,809,971 1,903,603 30,229,289 47,688,776 Cash and cash equivalents at end of year$8,146,883 $9,980,293 $2,127,959 $36,487,486 $56,742,621 Cash and cash equivalents classified as: Cash and investments$8,146,883 $9,980,293 $2,127,959 $36,487,486 $56,742,621 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2015 124 AdministrativeGeneralCentral GarageServicesServicesInsuranceTotal City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2015 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss)$(2,515,984) $(2,071,519) $(1,020,669) $1,183,035 $(4,425,137) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Other nonoperating revenue276,846 - - 49 276,895 Depreciation4,911,663 728,817 14,207 - 5,654,687 Change in assets and liabilities: (Increase) decrease in accounts receivable(204) - - (3,994) (4,198) (Increase) decrease in inventory101,719 - - - 101,719 (Increase) decrease in prepaid expenses- 216 - (67,950) (67,734) Increase (decrease) in accounts and contracts payable1,546,431 130,469 122,803 (524,062) 1,275,641 Increase (decrease) in unearned revenue(63,805) - - - (63,805) Increase (decrease) in net pension liability934,263 2,093,280 870,923 227,308 4,125,774 Increase (decrease) in accrued payroll(24,588) (80,366) (6,322) (9,263) (120,539) Increase (decrease) in other postemployment benefits32,597 72,978 (4,155) 11,542 112,962 (Increase) decrease in deferred outflows233,914 524,101 218,056 56,911 1,032,982 Increase (decrease) in deferred inflows(13,462) (30,163) (12,549) (3,276) (59,450) Total adjustments7,935,374 3,439,332 1,202,963 (312,735) 12,264,934 Net cash provided (used) by operating activities$5,419,390 $1,367,813 $182,294 $870,300 $7,839,797 125 127 Fiduciary Funds Fiduciary Funds are used to account for resources that are managed in a trustee capacity or as an agent for other parties or funds. Employees’ Pension Fund - to account for the financial operation and condition of the major employee retirement system. Firefighters’ Relief and Pension Fund - to account for the financial operation and condition of the Firefighters' Relief and Pension Plan, closed to new members in 1962, and containing 22 retired members with no active members. The Plan was fully funded effective with fiscal year 2007. Police Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for sworn police officers. Firefighters’ Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for firefighters. Treasurer’s Escrow Agency Fund - to account for the receipt, custody, and expenditure of funds held temporarily in trust for other parties. Defined BenefitDefined Contribution Pension Trust FundsPension Trust Funds Firefighters'PoliceFirefighters' Employees'Relief andSupplementalSupplemental Pension FundPension FundPension FundPension FundTotals ASSETS Cash and cash equivalents$664,633 $2,452,915 $9,263 $- $3,126,811 Managed investment accounts, at fair value: Cash and cash equivalents20,079,929 - 807,131 420,882 21,307,942 Government bonds74,327,584 - - 981,264 75,308,848 Index linked government bonds2,024,881 - - - 2,024,881 Agency bonds4,677,463 2,131,601 - - 6,809,064 Domestic corporate bonds93,432,687 - - 2,612,955 96,045,642 International equity securities68,841,663 - 661,258 134,742 69,637,663 Domestic stocks385,095,014 - 9,594,426 3,631,667 398,321,107 Mortgage backed bonds65,823,726 - - 1,457,116 67,280,842 Asset backed securities8,083,271 - - - 8,083,271 Other/rights/warrants184,045 - - - 184,045 Domestic equity mutual funds37,540,241 - 4,568,761 4,253,733 46,362,735 International equity mutual funds34,071,336 - 2,136,885 1,136,840 37,345,061 Real estate56,847,854 - - 2,242,567 59,090,421 Total managed investment accounts851,029,694 2,131,601 17,768,461 16,871,766 887,801,522 Securities lending collateral196,139,408 - - - 196,139,408 Receivables: Interest and dividends2,473,707 30,783 10,199 52,261 2,566,950 Unsettled investment sales4,793,812 - - - 4,793,812 Securities lending earnings27,041 - - - 27,041 Due from others15,028 - - - 15,028 Total receivables7,309,588 30,783 10,199 52,261 7,402,831 Total assets 1,055,143,323 4,615,299 17,787,923 16,924,027 1,094,470,572 LIABILITIES Accounts payable 921,265 - - - 921,265 Unsettled investment purchases17,813,801 - - - 17,813,801 Obligations under securities lending196,139,408 - - - 196,139,408 Total liabilities214,874,474 - - - 214,874,474 FIDUCIARY NET POSITION Net position restricted for pensions$840,268,849 $4,615,299 $17,787,923 $16,924,027 $879,596,098 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Fiduciary Net Position Fiduciary Funds September 30, 2015 128 Defined BenefitDefined Contribution Pension Trust FundsPension Trust Funds Firefighters'PoliceFirefighters' Employees'Relief andSupplementalSupplemental Pension FundPension FundPension FundPension Fund Totals ADDITIONS Contributions: Contributions from employer$14,923,098 $- $- $- $14,923,098 Contributions from employer - state tax12,000 - 908,419 1,171,812 2,092,231 Contributions from employees6,483,666 - - - 6,483,666 Total contributions21,418,764 - 908,419 1,171,812 23,498,995 Investment income (loss): Net appreciation (depreciation) in fair value of investments(17,161,321) 91,553 (877,078) (881,548) (18,828,394) Interest9,301,014 108,223 531 213,510 9,623,278 Dividends8,385,894 - 221,986 1,017,954 9,625,834 Less investment expenses: Investment management/custodian fees(5,102,757) - (22,589) (99,401) (5,224,747) Net investment income (loss)(4,577,170) 199,776 (677,150) 250,515 (4,804,029) Securities lending income: Gross earnings603,784 - - - 603,784 Rebate received29,839 - - - 29,839 Bank fees(221,545) - - - (221,545) Net income from securities lending 412,078 - - - 412,078 Total additions 17,253,672 199,776 231,269 1,422,327 19,107,044 DEDUCTIONS Benefits and withdrawal payments: Benefits39,276,003 442,775 1,516,743 912,875 42,148,396 Refunds1,000,827 - - - 1,000,827 Total benefits and refunds40,276,830 442,775 1,516,743 912,875 43,149,223 Income (loss) before administrative expenses(23,023,158) (242,999) (1,285,474) 509,452 (24,042,179) Less administrative expenses(297,942) (2,005) (13,478) (30,491) (343,916) Net increase (decrease)(23,321,100) (245,004) (1,298,952) 478,961 (24,386,095) Fiduciary net position restricted for pensions Fiduciary net position - beginning (as previously reported)863,589,949 4,860,303 19,086,875 17,676,345 905,213,472 Correction of an error (See Note IV.K.)- - - (1,231,279) (1,231,279) Fiduciary net position - beginning (as restated)863,589,949 4,860,303 19,086,875 16,445,066 903,982,193 Fiduciary net position - ending$840,268,849 $4,615,299 $17,787,923 $16,924,027 $879,596,098 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2015 129 BalanceBalance October 1,September 30, 2014AdditionsDeductions2015 TREASURER'S ESCROW FUND ASSETS Cash and investments$945,786 1,058,251 391,443 $1,612,594 Accrued interest receivable275 408 380 303 Total Assets$946,061 1,058,659 391,823 $1,612,897 LIABILITIES Other miscellaneous payables: Downtown Development Board$90,444 398,343 389,288 $99,499 Special purpose funds7,833 - - 7,833 Other847,784 660,316 2,535 1,505,565 Total Liabilities$946,061 1,058,659 391,823 $1,612,897 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Changes in Assets and Liabilities Agency Fund For the Year Ended September 30, 2015 130 131 Supplemental Information 132 Page 1 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2007, 2013 and 2014 Supplemental Information The System: Rates, Fees and Charges The City Council has established a schedule of rates and charges by ordinance, which includes a purchased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease in the purchased price of gas. The City is not subject to regulation by any State agency in establishing or revising its rates. Where competitive fuel sources or transportation service are available to the customer, the City Council has authorized the City Manager to enter into contract gas service rates at special rates and/or conditions as required to obtain/retain the customer load. Such contract service must meet the normal construction feasibility formula to insure profitable payback to the City. For the fiscal year ending September 30, 2015, contract rates applied to an average of 182 customer accounts per month and impacted 7.0% of total revenues. The rates charged by the System through September 30, 1996, were part of the Phase I Gas Rate Case implemented October 1, 1995, which was based on a comprehensive cost of service study performed by the Utility Advisory Services Group of the international accounting firm of Coopers & Lybrand, LLP (the “Rate Study”). This Phase I implementation resulted in an extensive overhaul of the Gas System customer rates, providing numerous classes of service and a modernized billing methodology. The new rates, effective October 1, 1996, were designed to be industry-based and responsive to the competitive energy challenges. The goal of the Rate Study was to establish rates which would be fair to all classes of customers, provide funding to implement planned expansion in both existing northern Pinellas County services area and into the newly acquired southwestern Pasco service area, and provide an adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax rates (current impact is about 0.5 mills). As the result of experiences during the first seven months of the Phase I implementation, adjustments made to the Phase II rates were implemented October 1, 1996, and additional adjustments (Phase III) were implemented effective October 1, 1997. The total projected impact of both new phases of the rate case was $1.05 million, or less than 7.9% of total gas sales revenues. The rate ordinance containing the Phase II and Phase III rate changes was approved by the City Council on June 6, 1996. Gas rates for customer charges were increased effective April 1, 2005. The total estimated annual impact of this rate increase was $373,352. New rates, effective October 1, 2008, were designed to recover the costs of providing service to respective classes of customers. The goal of the “Cost of Service and Rate Study” was to establish rates which would be sufficient to meet Clearwater Gas System’s total revenue requirements and reflect cost of service consideration and practical rate implementation constraints as required. CL E A R W A T E R G A S S Y S T E M NA T U R A L G A S R A T E B I L L I N G F A C T O R S FO R A U G U S T 1 , 2 0 1 5 - S E P T E M B E R 3 0 , 2 0 1 5 B A S E D O N A P P R O V E D G A S A D J U S T M E N T F A C T O R S Interr.Contract F i r m N a t u r a l G a s R a t e S c h e d u l e s NG RateNG Rate R S S M F M M F L M F S G S M G S L G S R A C G A C L A C S L SL w / M & N G V N S S IS CNS Re l i g h t (N o n - R e s l ) ( N o n - R e s l ) Ap p l i c a b l e A n n u a l T h e r m R a n g e N A ( 1 - N A ( 4 + N A ( 4 + N A ( 4 + 0 - 1 8 , 0 0 0 - 1 0 0 , 0 0 0 N A ( 1 - N A ( 0 - N A ( 1 5 0 N A N A N A N A 1 0 0 , 0 0 0 N A o r O t h e r R a t e D e t e r m i n a n t 3 U n i t s ) U n i t s ) U n i t s ) U n i t s ) 1 7 , 9 9 9 9 9 , 9 9 9 & u p 3 U n i t s ) 1 4 9 t o n s ) t o n s & + ) & up Mo n t h l y C u s t o m e r C h a r g e $ 1 2 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 9 5 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 9 5 . 0 0 $ 1 2 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 2 0 . 0 0 $ 2 0 . 0 0 B y C o n t r a c t $ 5 0 . 0 0 $ 2 5 0 . 0 0 B y C o n t r act (F o r C e n t r a l P a s c o T e r r i t o r y ) ( $ 2 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 1 6 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 1 6 0 . 0 0 ) ( $ 2 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 3 0 . 0 0 ) ( $ 3 0 . 0 0 ) (B y C o n t r a c t ) ( $ 7 5 . 0 0 ) $ 4 0 0 . 0 0 ( B y C o n t r a c t ) if n o t p r e v . i f n o t p r e v . i f n o t p r e v . No n - F u e l E n e r g y C h a r g e / T h e r m bi l l e d b i l l e d b i l l e d No n - F u e l E n e r g y C h a r g e $ 0 . 4 4 $ 0 . 4 4 $ 0 . 4 4 $ 0 . 4 4 $ 0 . 4 2 $ 0 . 3 8 $ 0 . 3 4 $ 0 . 2 0 $ 0 . 1 5 $ 0 . 1 0 $ 0 . 2 0 $ 0 . 3 5 B y C o n t r a c t $ 0 . 4 2 $ 0 . 2 4 B y C o n t r a c t En e r g y C o n s e r v a t i o n A d j . ( E C A ) 0 . 1 5 0 . 1 5 0 . 1 5 0 . 1 5 0 . 1 5 0 . 1 5 0 . 1 5 N A N A N A N A N A N A N A N A N A Re g u l a t o r y I m p o s i t i o n A d j . ( R I A ) 0 . 1 0 0 . 1 0 0 . 1 0 0 . 1 0 0 . 1 0 0 . 1 0 0 . 1 0 N A N A N A N A N A N A N A N A N A Us a g e & I n f l a t i o n A d j . ( U I A ) 0. 0 1 0. 0 1 0. 0 1 0. 0 1 0. 0 2 0. 0 2 0. 0 2 NA NA NA NA NA NA NANANA To t a l N o n - F u e l E n e r g y C h a r g e $0 . 7 0 $ 0 . 7 0 $ 0 . 7 0 $ 0 . 7 0 $0 . 6 9 $ 0 . 6 5 $ 0 . 6 1 $ 0 . 2 0 $0 . 1 5 $ 0 . 1 0 $ 0 . 2 0 $ 0 . 3 5 By C o n t r a c t $0 . 4 2 $ 0 . 2 4 By Contract Pu r c h a s e d G a s A d j u s t m e n t ( P G A ) 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 8 7 0. 7 7 0.870.770.77 To t a l E n e r g y C h a r g e / T h e r m 15 7 15 7 15 7 15 7 15 6 15 2 14 8 10 7 10 2 09 7 10 7 12 2 07 7 129101077City of CleContinuing Disclosure -Series 2007Suppleme____________________________ 13 To t a l En e r g y Ch a r g e / T h e r m 1.57 1.57 1.57 1.57 1.56 1.52 1.48 1.07 1.02 0.97 1.07 1.22 0.77 1.291.010.77 + N o n - F u e l + N o n - F u e l Mi n i m u m M o n t h l y B i l l $ 1 2 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 9 5 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 9 5 . 0 0 $ 1 2 . 0 0 $ 2 5 . 0 0 $ 4 0 . 0 0 $ 2 0 . 0 0 $ 2 0 . 0 0 B y C o n t r a c t $ 5 0 . 0 0 $ 2 5 0 . 0 0 C u s t o m e r (F o r C e n t r a l P a s c o T e r r i t o r y ) ( $ 2 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 1 6 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 1 6 0 . 0 0 ) ( $ 2 0 . 0 0 ) ( $ 4 0 . 0 0 ) ( $ 7 0 . 0 0 ) ( $ 3 0 . 0 0 ) ( $ 3 0 . 0 0 ) (B y C o n t r a c t ) ( $ 7 5 . 0 0 ) $ 4 0 0 . 0 0 C h a r g e + @ p r e m i s e @ p r e m i s e @ p r e m i s e + F A C + F A C + F A C + F A C + N o n - F u e l T h e rNon-Fuel Therm Rate for ContracRate for Contract # of Therms# of Therms Co m p a r e s t o L P / G a l l o n R a t e o f 1 . 4 4 $ 1 . 4 4 $ 1 . 4 4 $ 1 . 4 4 $ 1 . 4 3 $ 1 . 3 9 $ 1 . 3 5 $ 0 . 9 8 $ 0 . 9 3 $ 0 . 8 9 $ 0 . 9 8 $ 1 . 1 2 $ 0 . 7 0 $ 1 . 1 8 $ 0 . 9 2 $ 1. 5 2 $ 1 . 5 2 $ 1 . 5 2 $ 1 . 5 2 $ 1 . 5 1 $ 1 . 4 7 $ 1 . 4 4 $ 1 . 0 4 $ 0 . 9 9 $ 0 . 9 4 $ 1 . 0 4 $ 1 . 1 8 $ 0 . 7 5 $ 1 . 2 5 $ 0 . 9 8 $ Ch a n g e f r o m 9 / 2 0 1 4 T h e r m R a t e (0 . 1 8 ) $ ( 0 . 1 8 ) $ ( 0 . 1 8 ) $ ( 0 . 1 8 ) $ ( 0 . 1 5 ) $ ( 0 . 1 3 ) $ ( 0 . 1 1 ) $ ( 0 . 0 7 ) $ ( 0 . 0 7 ) $ ( 0 . 0 7 ) $ ( 0 . 0 7 ) $ ( 0 . 0 7 ) $ ( 0 . 0 8 ) $ ( 0 . 1 1 ) $ ( 0 . 1 2 ) $ (0.08)$ % C h a n g e f r o m 9 / 2 0 1 4 T h e r m R a t e -8 . 0 % - 8 . 0 % - 8 . 0 % - 8 . 0 % - 7 . 0 % - 6 . 2 % - 5 . 4 % - 3 . 7 % -3 . 8 % - 3 . 9 % - 3 . 7 % - 3 . 5 % - 4 . 5 % - 5 . 1 % - 6 . 9 % - 5 . 5 % Ut i l i t y T a x N o t e : Fu e l R a t e p e r T h e r m 1 0 / 0 1 / 1 9 7 3 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 6 9 $ 0 . 0 5 5 $ 0 . 0 6 9 No n - U t i l i t y T a x a b l e F u e l / T h e r m $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 8 0 1 $ 0 . 7 0 1 $ 0 . 8 0 1 $ 0 . 7 1 5 $ 0 . 7 0 1 BT U F A C T O R = T H E R M S / 1 0 0 C U B I C F E E T ( C C F ) 10 / 2 0 1 4 11 / 2 0 1 4 12 / 2 0 1 4 01 / 2 0 1 5 02 / 2 0 1 5 03 / 2 0 1 5 04 / 2 0 1 5 05 / 2 0 1 5 06 / 2 0 1 5 07 / 2 0 1 5 08 / 2 0 1 5 09 / 2 0 1 5 FY 1 4 / 1 5 A v g . Fi r m S e r v i c e R a t e s 1 . 0 4 7 1 . 0 4 8 1 . 0 4 8 1 . 0 5 1 1 . 0 5 3 1 . 0 4 7 1 . 0 4 5 1 . 0 4 6 1 . 0 4 4 1 . 0 4 4 1 . 0 4 5 1 . 0 4 5 1. 0 4 7 In t e r r u p t i b l e S e r v i c e R a t e s 1 . 0 2 6 1 . 0 2 8 1 . 0 2 7 1 . 0 3 0 1 . 0 3 2 1 . 0 2 6 1 . 0 2 5 1 . 0 2 5 1 . 0 2 4 1 . 0 2 4 1 . 0 2 4 1 . 0 2 4 1. 0 2 6 earwater, Florida -Gas System Revenue Bonds7, 2013 and 2014ntalInformation _______________________________Page 2 of 5 33 Page 3 of 5 Table 1 Breakdown of Transportation Capacity Phase II (FTS-1)Phase III (FTS-2)Total MMBtu Per DayMMBtu Per DayMMBtu Contract Period 2/01/07 - 1/31/1712/9/91 - 2/28/25Per Day October 170,43841,788212,226 Nov-Mar1,543,069268,9311,812,000 April216,57053,430270,000 May-Sept711,756206,244918,000 Total Annual2,641,833570,3933,212,226 ThetwonaturalgastransmissioncompaniesthatservewithintheStateofFloridaareFloridaGasTransmission(FGT) andGulfstream.CurrentlyFGTisthesoleprovideroftransportationservicetotheCity.FGTisownedbyCitrusCorp. CitrusCorpisowned50%byEnergyTransferPartners,LLCAND50%byKinderMorgan,Inc.FGTisoperatedby Panhandle Energy, a subsidiary of Energy Transfer Partners. TheCityjoinedFloridaGasUtility(FGU)inOctober2000byResolution00-35.FGUisresponsibleforthepurchase& managementoftheCity'snaturalgassupply.AnupdatedAllRequirementsGasServiceAgreement,whichwas approvedbyResolution02-02inJanuary2002,requiredtheCitytopurchase100%ofitssupplythroughFGU.FGUwas formedthroughanInterlocalAgreementamongitsmembers.TheInterlocalAgreementbecameeffectiveonSeptember 1,1989andconsistedoffivemunicipalutilities.Overthenextseveralyears,additionalelectricandgasdistribution utilities joined FGU, bringing its current membership to 22 entities. Inaddition,theCityhasenteredintoaGasSupply&TransportationAgreementwithPeoplesGasSystem(PGS),dated 12/02/04,topurchasenaturalgastoservecustomerslocatedinourCentralPascoterritory,generallyeastofthe SuncoastParkwayinPascoCounty.TheCityreceivedaletterfromFGUCouncil,dated8/31/04,grantingtheCity permissiontoutilizeTECOPeoplesGasasathirdpartygassuppliersinceFGUisunableandunwillingtoprovidegasto theCitywithinthemeaningoftheprovisionsofSection3(a)(i)and(ii)oftheALLRequirementsGasServiceAgreement between the City and FGU. TheCityhastwoFirmTransportationServiceagreements(FTS-1&FTS-2)withFGTinordertodelivernaturalgasto theCity'sfourgatestations.FGUiscurrentlymanagingtheCity'sPhaseII(FTS-1)andPhaseIII(FTS-2)transportation capacityonadailybasis.Table1showsthebreakdownoftheCity'sannualgassupplyentitlementswithFGT.Thetotal annual entitlement is 3,212,226 decatherms of natural gas transportation. City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2007, 2013 and 2014 Supplemental Information GAS SUPPLY OnAugust1,1990,theFederalEnergyRegulatoryCommission(FERC)deregulatedthenaturalgaspipelineindustry. Thisallowsothernaturalgassuppliersandlocaldistributioncompanies,liketheCityofClearwater,totransportgasover the Florida Gas Transmission (FGT) pipelines as opposed to purchasing natural gas supply from only FGT. 134 135 Page 4 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2007, 2013 and 2014 Supplemental Information Service Area The Clearwater Gas System (CGS) is owned and operated as an enterprise utility by the City of Clearwater. CGS operates over 884 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout northern Pinellas County and western Pasco County. As a “full service” gas utility, CGS provides gas appliance sales, installation of inside customer gas piping, domestic and commercial gas equipment service, construction and maintenance of underground gas mains and service lines, and 24-hour response to any gas emergency within the service area. The Florida Public Service Commission and the Federal Department of Transportation regulate CGS for safety. CGS has been serving customers in the Clearwater area for over 92 years (since 1923) when operations began with a manufactured gas plant operation from coal and coke. In 1959, when natural gas transmission lines were finally extended to the Florida peninsula, CGS discontinued manufacturing gas and began receiving piped natural gas from Florida Gas Transmission. Clearwater Gas System serves over 20,719 customers in a 330 square mile service territory, which includes 20 municipalities as well as the unincorporated areas of northern Pinellas County and western Pasco County. The Pinellas County service territory is 158 square miles and extends generally from Ulmerton and Walsingham Roads on the south to the Pasco County line on the north and from the Gulf of Mexico on the West to the Hillsborough County line on the east. This includes all of the Pinellas beach communities south to Redington Beach. The Pasco County service territory is 172 square miles and extends from the Gulf of Mexico on the West inland about 20 miles to just east of State Road 41 and Land O’ Lakes and from the Pinellas and Hillsborough County lines on the South to generally State Road 52 on the north. The CGS service territory extends 42.3 miles from the southwestern-most to the northwestern-most points. Clearwater Gas System prides itself in being a competitive and public service-minded utility, providing safe, economical and environmentally-friendly gas, which is made in America, available in our communities for all of the homes and businesses in our service area, with special focus on the residential customers who make up 88.84% of our customer base. Page 5 of 5 City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2007, 2013 and 2014 Supplemental Information As of September 30, 2015 the System's active natural gas customers were located as shown in the following table: LocationMetersPercentage Belleair4582.36% Belleair Beach2001.03% Belleair Bluffs310.16% Belleair Shores300.15% Clearwater6,86935.48% Dunedin1,1776.08% Indian Rocks Beach1180.61% Indian Shores900.46% Largo1,0275.30% New Port Richey820.42% North Redington Beach360.19% Oldsmar1270.66% Port Richey140.07% Redington Beach1340.69% Redington Shores610.31% Safety Harbor6093.14% Tarpon Springs1,5668.09% Unincorporated Areas Pasco3,15616.30% Central Pasco7183.71% Unincorporated Areas Pinellas2,86514.79% Total19,368100.00% The following table shows the five largest interruptible customers by peak monthly consumption and the percent of the System's revenues derived from such customers during the 12 months ending September 30, 2015: Peak Monthly% of Gross Customer NameThermsRevenues Morton Plant Hospital143,595.42.90% New Port Richey Hospital Inc.174,329.22.76% Ajax Paving Industries81,540.72.33% Metal Industries73,592.61.67% Angelica Textile Service99,996.51.63% The following table shows the breakdown of the System's customers by category as well as the volume of gas sold and the sales revenues generated by each category for the year ended September 30, 2015: Average No.Gas Gas CustomersVolumeSales Interruptible (including Gas Station)16 31.30%16.67% Residential17,073 13.98%23.02% Commercial (excluding Gas Station)2,279 54.72%60.31% ThermsRevenues Interruptible (including Gas Station)7,601,595.2 5,743,111$ Residential3,395,615.3 7,929,170 Commercial (excluding Gas Station)13,287,447.0 20,772,226 Totals24,284,657.5 34,444,507$ 136 137 Page 1 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2003, 2009B, 2011 and 2014; and Revenue Bonds Series 2009A Supplementary Information Historical Financial Information Water System: Source and Volume of Water Pumped (in million gallons per day, averaged over the fiscal year) FYCity WellsCountyTotal 20114.9466.37111.317 20125.9254.99910.924 20135.4145.55510.969 20145.1916.85412.045 20155.0935.54210.635 Historical Growth in Number of Water Customers (all figures are as of September of the year indicated) Water YearCustomers 201141,391 201241,988 201343,500 201443,701 201544,236 Ten Largest Water Customers Fiscal Year Ending September 30, 2015 Water UsedRevnues Name of User(in 100 Cubic Feet)Produced 1. CITY OF CLEARWATER71,562 878,383$ 2. CHURCH OF SCIENTOLOGY116,184 709,207 3. MORTON PLANT HOSPITAL64,091 466,543 4. PINELLAS COUNTY SCHOOLS38,041 342,469 5. PINELLAS COUNTY GOVERNMENT25,071 289,178 6. RH MACARTHUR PARK LLC40,757 255,457 7. SANDPEARL RESORT LLC34,072 207,950 8. CLEARWATER APARTMENTS I LP32,709 188,551 9. 301 SOUTH GULFVIEW LLC24,132 185,778 10. RADISSON BAYSIDE HOTEL24,979 170,138 471,598 3,693,654$ Reclaimed Water System: Average Daily Flow YearMGD 20115.75 20126.67 20135.03 20145.27 20154.73 138 Page 2 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2003, 2009B, 2011 and 2014; and Revenue Bonds Series 2009A Supplementary Information Sewer System: Average Sewage Flow and Historical Growth in Number of Sewer Customers (as of September of the year indicated) Sewer YearFlow in MGDCustomers 201114.833,063 201214.533,093 201313.233,405 201412.333,564 201513.833,390 Ten Largest Sewer Customers Fiscal Year Ending September 30, 2015 Sewer UsedRevenues Name of User(in 100 Cubic Feet)Produced 1. CHURCH OF SCIENTOLOGY89,139 610,830$ 2. CITY OF CLEARWATER28,682 521,283 3. MORTON PLANT HOSPITAL60,245 510,635 4. PINELLAS COUNTY SCHOOLS37,532 457,922 5. RH MACARTHUR PARK LLC40,757 260,353 6. SANDPEARL RESORT LLC34,072 217,649 7. CLEARWATER APARTMENTS I LP32,710 215,945 8. CP CLEARWATER, LLC31,208 207,900 9. SHERATON SAND KEY30,066 205,645 10. CLEARWATER HOUSING AUTHORITY26,522 200,188 410,933 3,408,350$ Rates, Fees And Charges The City uses a three-tiered rate structure for water and sewer usage. The base rate for water includes a minimum usage for residential and nonresidential water rates. Any usage over the minimum is billed at one rate per 1,000 gallons up to a designated level and at a second rate for usage over that level. For irrigation, there is a base rate, with no usage allowance, and a charge per 1,000 gallons of water usage up to a designated level and a higher charge for usage over that amount. The sewer base rate includes a minimum usage and a fixed charge per 1,000 gallons of water usage over the basic allowance. The minimum usage and second and third tier usage levels vary with the size of the meters. For fiscal year 2015 there were no changes to the three- tiered rate structure for water or sewer usage. 139 Page 3 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2003, 2009B, 2011 and 2014; and Revenue Bonds Series 2009A Supplementary Information Residental and October 1,October 1,October 1,October 1,October 1, Nonresidential Water Rates 2011 2012 2013 2014 2015 Minimum - Under 1 inch16.30$ 17.03$ 17.80$ 18.60$ 19.44$ 1 inch38.04 39.75 41.54 43.41 45.36 1.5 inch543.40 567.85 593.40 620.10 648.00 2 inch1,266.12 1,323.10 1,382.64 1,444.86 1,509.88 3 or 2 inch manifold1,950.81 2,038.60 2,130.34 2,226.21 2,326.39 4 inch3,754.89 3,923.86 4,100.43 4,284.95 4,477.77 6 inch9,645.35 10,079.39 10,532.96 11,006.94 11,502.25 8 inch16,302.00 17,035.59 17,802.19 18,603.29 19,440.44 Size of Meter Additional charges are assessed for usage in excess of designated minimums. Rates for Irrigation October 1,October 1,October 1,October 1,October 1, (Lawn) Meters 2011 2012 2013 2014 2015 Minimum - Under 1 inch5.81$ 6.07$ 6.34$ 6.63$ 6.93$ 1 inch17.44 18.22 19.04 19.90 20.80 1.5 inch87.27 91.20 95.30 99.59 104.07 2 inch244.34 255.34 266.83 278.84 291.39 3 or 2 inch manifold482.86 504.59 527.30 551.03 575.83 4 inch930.84 972.73 1,016.50 1,062.24 1,110.04 6 inch2,809.97 2,936.42 3,068.56 3,206.65 3,350.95 Size of Meter October 1,October 1,October 1,October 1,October 1, Sewer Rates 2011 2012 2013 2014 2015 Minimum - Under 1 inch22.44$ 23.46$ 24.51$ 25.62$ 26.76$ 1 inch52.36 54.74 57.19 59.78 62.44 1.5 inch748.00 782.00 817.00 854.00 892.00 2 inch1,742.84 1,822.06 1,903.61 1,989.82 2,078.36 3 or 2 inch manifold2,685.32 2,807.38 2,933.03 3,065.86 3,202.28 4 inch5,168.68 5,403.62 5,645.47 5,901.14 6,163.72 6 inch13,277.00 13,880.50 14,501.75 15,158.50 15,833.00 8 inch22,440.00 23,460.00 24,510.00 25,620.00 26,760.00 Per 1,000 gallons of water used over the allowed minimum7.487.828.178.548.92 Size of Meter Additional Indebtedness No additional indebtedness was incurred for capital improvements to the water and sewer systems. Additional indebtedness in the amount of $155,355 was incurred for the lease purchase of capital equipment. 140 Page 1 of 1 City of Clearwater, Florida Continuing Disclosure – Stormwater System Revenue Refunding Bonds Series 2012, 2013 and 2014 Supplementary Information Rates, Fees, and Charges The City uses a measurement of one equivalent residential unit or ERU as the basis for the stormwater management utility fee. The rates per ERU from the inception of the utility are as follows: Effective DateRate per ERUEffective DateRate per ERU January 1, 1991$3.00October 1, 2007$10.51 October 1, 19984.00October 1, 200811.14 October 1, 19994.17October 1, 200911.80 October 1, 20004.35October 1, 201012.51 October 1, 20014.54October 1, 201113.04 January 1, 20026.13October 1, 201213.40 October 1, 20027.16October 1, 201313.77 October 1, 20038.01October 1, 201414.15 October 1, 20048.65October 1, 201514.33 October 1, 20059.35October 1, 201614.51 October 1, 20069.71 Single-family homes, multifamily units, condominium units, apartments and mobile homes are rated as one ERU per dwelling unit. Nonresidential property is charged at the rate of 1,830 square feet of impervious area per ERU. HISTORICAL NET REVENUES 2011 2012 2013 2014 2015 Net Operating Revenues (Excluding Depreciation)7,247,625$ 7,343,936$ 8,105,045$ 4,207,288$ 5,916,286$ Interest Income and other Non-operating Revenues (Expenses)491,645 530,796 (92,148) 495,462 677,829 Total Net Revenues7,739,270$ 7,874,732$ 8,012,897$ 4,702,750$ 6,594,115$ Maximum Annual Debt Service2,889,994$ 2,693,144$ 2,608,421$ 2,568,762$ 2,568,762$ Coverage2.68 2.92 3.07 1.83 2.57 141 City of Clearwater, Florida Fire Services Program Supplementary Information Pursuant to agreements between the City of Clearwater, the Pinellas County Fire Authority and the Pinellas County Emergency Medical Services Authority, the City has provided fire and emergency medical services to the respective authorities. With respect to fire services, the services are provided for the benefit of properties located outside the corporate limits of the City, but within a designated service area. Emergency medical services are provided for the benefit of persons residing both inside and outside the corporate limits of the City, based on the Authority's nearest unit dispatch policy. With respect to the Fire Services Program, a budget was prepared by Fire Department personnel covering proposed expenditures for fiscal year ending September 30, 2015, for the Fire Department as a whole. Since the funding for the Emergency Medical Services Program is based on the level fixed in prior years, the Fire Services Program budget is essentially the residual obtained by deducting the approved level of funding for the Emergency Medical Services Program from the budgeted amounts included in the total Fire Department budget. This budget was submitted to, and duly approved by, the relevant Authority prior to the commencement of the fiscal year. Income received from Pinellas County Fire Protection Authority and valid program expenditures for the Fire Services Program for the fiscal year ended September 30, 2015 are summarized below. Total Revenue Received from Pinellas County Fire Protection Authority2,132,259$ Total Fire Service Expenditures for Fiscal Year Ended September 30, 201519,348,492$ The Fire Service Program does not currently utilize an equipment reserve. Financial Trends Schedule 1Net Position by Component Schedule 2Changes in Net Position Schedule 2aProgram Revenues by Function/Program Schedule 3Fund Balances of Governmental Funds Schedule 4Changes in Fund Balances of Governmental Funds Revenue Capacity Schedule 5Assessed Value and Estimated Actual Value of Taxable Property Schedule 6Direct and Overlapping Property Tax Rates Schedule 7Property Tax Levies and Collections Schedule 8aPrincipal Real Property Taxpayers Schedule 8bPrincipal Personal Property Taxpayers Debt Capacity Schedule 9Ratios of Outstanding Debt by Type Schedule 10Ratios of General Bonded Debt Outstanding Schedule 11Direct and Overlapping Governmental Activities Debt Schedule 12Legal Debt Margin Information Schedule 13Pledged-Revenue Coverage These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt, and the City’s ability to issue additional debt in the future. CITY OF CLEARWATER, FLORIDA STATISTICAL SECTION This section of the City’s CAFR presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the City’s overall financial health. This information has not been audited by the independent auditor. These schedules contain trend information to help the reader understand how the City’s financial performance and well-being changed over time. These schedules contain information to help the reader assess the City’s significant local revenue, the property tax. 143 Economic and Demographic Information Schedule 14Demographic and Economic Statistics Schedule 15Principal Employers Operating Information Schedule 16Full-time Equivalent City Government Employees by Function/Program Schedule 17Operating Indicators by Function/Program Schedule 18Capital Assets Statistics by Function/Program These schedules offer economic and demographic indicators to help the reader understand the environment within which the City’s financial activities take place. These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs. Sources: Unless otherwise noted, the information in this section is derived from the City’s comprehensive annual financial reports for the relevant year. STATISTICAL SECTION (CONTINUED) CITY OF CLEARWATER, FLORIDA 144 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 Pr i m a r y G o v e r n m e n t Go v e r n m e n t a l a c t i v i t i e s N e t i n v e s t m e n t i n c a p i t a l a s s e t s 1 8 2 , 4 7 4 $ 2 0 5 , 0 7 9 $ 2 1 8 , 3 8 4 $ 2 4 0 , 5 5 0 $ 2 4 9 , 0 4 3 $ 2 5 7 , 5 4 2 $ 2 4 9 , 7 4 2 $ 2 5 2 , 6 6 1 $ 261,886$ 262,934$ R e s t r i c t e d 4 1 , 2 0 4 4 1 , 5 4 3 3 9 , 0 2 0 4 2 , 6 8 1 4 9 , 6 8 2 5 7 , 2 4 5 6 5 , 6 0 3 6 0 , 4 5 4 6 8 , 4 2 8 57,239 U n r e s t r i c t e d 1 0 0 , 2 3 4 1 0 8 , 2 6 2 1 1 4 , 2 4 7 1 0 3 , 5 5 6 9 3 , 2 8 3 7 9 , 9 5 5 8 0 , 2 0 8 8 2 , 3 6 9 7 6 , 5 2 8 121,033 To t a l g o v e r n m e n t a l a c t i v i t i e s n e t p o s i t i o n 3 2 3 , 9 1 2 $ 3 5 4 , 8 8 4 $ 3 7 1 , 6 5 1 $ 3 8 6 , 7 8 7 $ 3 9 2 , 0 0 8 $ 3 9 4 , 7 4 2 $ 3 9 5 , 5 5 3 $ 3 9 5 , 4 8 4 $ 406,842$ 441,206$ Bu s i n e s s - t y p e a c t i v i t i e s N e t i n v e s t m e n t i n c a p i t a l a s s e t s 1 5 6 , 7 2 8 $ 1 6 4 , 2 4 6 $ 1 7 0 , 7 3 5 $ 1 5 8 , 1 2 9 $ 1 6 5 , 7 0 4 $ 1 5 9 , 9 1 3 $ 1 6 3 , 3 1 6 $ 1 8 0 , 3 2 4 $ 214,175$ 226,571$ R e s t r i c t e d 3 5 , 0 5 4 3 5 , 7 7 5 3 9 , 6 3 5 4 1 , 3 3 3 4 4 , 3 3 2 5 5 , 0 3 8 5 5 , 2 0 4 5 3 , 2 3 7 4 9 , 5 3 0 4 5 , 5 0 3 U n r e s t r i c t e d 7 7 , 4 3 5 8 4 , 0 2 1 8 3 , 6 8 1 1 2 0 , 4 6 1 1 2 6 , 2 0 4 1 3 6 , 0 6 7 1 5 1 , 6 9 3 1 5 3 , 7 6 1 1 4 0 , 6 0 7 1 6 4 , 1 3 5 To t a l b u s i n e s s - t y p e a c t i v i t i e s n e t p o s i t i o n 2 6 9 , 2 1 7 $ 2 8 4 , 0 4 2 $ 2 9 4 , 0 5 1 $ 3 1 9 , 9 2 3 $ 3 3 6 , 2 4 0 $ 3 5 1 , 0 1 8 $ 3 7 0 , 2 1 3 $ 3 8 7 , 3 2 2 $ 404,312$ 436,209$ Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) Schedule 1 Ci t y o f C l e a r w a t e r , F l o r i d a Ne t P o s i t i o n b y C o m p o n e n t , La s t T e n F i s c a l Y e a r s (a c c r u a l b a s i s o f a c c o u n t i n g ) 145 Pr i m a r y g o v e r n m e n t N e t i n v e s t m e n t i n c a p i t a l a s s e t s 3 3 9 , 2 0 2 $ 3 6 9 , 3 2 5 $ 3 8 9 , 1 1 9 $ 3 9 8 , 6 7 9 $ 4 1 4 , 7 4 7 $ 4 1 7 , 4 5 5 $ 4 1 3 , 0 5 8 $ 4 3 2 , 9 8 5 $ 476,061$ 489,505$ R e s t r i c t e d 7 6 , 2 5 8 7 7 , 3 1 8 7 8 , 6 5 5 8 4 , 0 1 4 9 4 , 0 1 4 1 1 2 , 2 8 3 1 2 0 , 8 0 7 1 1 3 , 6 9 1 1 1 7 , 9 5 8 102,742 U n r e s t r i c t e d 1 7 7 , 6 6 9 1 9 2 , 2 8 3 1 9 7 , 9 2 8 2 2 4 , 0 1 7 2 1 9 , 4 8 7 2 1 6 , 0 2 2 2 3 1 , 9 0 1 2 3 6 , 1 3 0 2 1 7 , 1 3 5 285,168 To t a l p r i m a r y g o v e r n m e n t n e t p o s i t i o n 5 9 3 , 1 2 9 $ 6 3 8 , 9 2 6 $ 6 6 5 , 7 0 2 $ 7 0 6 , 7 1 0 $ 7 2 8 , 2 4 8 $ 7 4 5 , 7 6 0 $ 7 6 5 , 7 6 6 $ 7 8 2 , 8 0 6 $ 811,154$ 877,415$ No t e : F i s c a l y e a r s p r i o r t o 2 0 1 5 a r e n o t r e s t a t e d f o r G A S B - 6 8 . 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 Go v e r n m e n t a l a c t i v i t i e s : G e n e r a l g o v e r n m e n t 1 3 , 2 0 3 $ 1 3 , 1 6 9 $ 1 4 , 3 4 2 $ 1 3 , 5 1 5 $ 1 5 , 9 6 6 $ 1 6 , 1 8 3 $ 1 4 , 2 3 0 $ 1 3 , 4 9 6 $ 15,018$ 16,818$ P u b l i c s a f e t y 6 0 , 1 7 8 6 8 , 6 3 6 6 6 , 5 8 2 6 4 , 9 7 7 6 9 , 4 5 7 6 6 , 9 1 4 6 7 , 5 5 9 6 8 , 0 5 7 70,126 99,056 P h y s i c a l e n v i r o n m e n t 3 , 0 9 8 3 , 0 2 7 2 , 7 3 0 4 , 2 6 6 4 , 9 4 1 3 , 8 6 8 3 , 1 8 9 3 , 4 5 1 3,416 3,273 T r a n s p o r t a t i o n 1 3 , 8 9 8 1 3 , 6 9 4 1 2 , 3 2 2 9 , 5 9 5 1 3 , 7 6 0 1 3 , 2 7 5 1 3 , 4 3 2 1 2 , 9 5 4 11,129 19,366 E c o n o m i c e n v i r o n m e n t 3 , 3 2 1 3 , 1 4 2 4 , 5 3 4 3 , 9 2 4 4 , 1 5 5 3 , 1 1 3 2 , 2 4 0 3 , 0 3 5 2,517 4,895 H u m a n s e r v i c e s 4 4 4 4 4 8 4 4 0 4 0 2 9 7 1 8 2 1 8 6 1 0 4 137 249 C u l t u r e a n d r e c r e a t i o n 3 2 , 6 3 6 3 2 , 8 7 2 3 7 , 6 8 8 2 8 , 7 4 0 3 0 , 6 1 0 3 0 , 6 0 6 3 2 , 8 1 4 3 2 , 2 1 3 33,051 40,783 I n t e r e s t o n l o n g - t e r m d e b t 2 , 3 7 3 2 , 2 4 8 1 , 9 9 8 1 , 8 5 0 1 , 4 4 6 1 , 2 1 7 7 0 9 6 9 8 727 689 To t a l g o v e r n m e n t a l a c t i v i t i e s e x p e n s e s 12 9 1 5 1 13 7 2 3 6 14 0 6 3 6 12 7 2 6 9 14 0 4 3 2 13 5 3 5 8 13 4 3 5 9 134008136121185129 Pa g e 1 o f 3 Ex p e n s e s Ci t y o f C l e a r w a t e r , F l o r i d a Schedule 2 Ch a n g e s i n N e t P o s i t i o n La s t T e n F i s c a l Y e a r s (a c c r u a l b a s i s o f a c c o u n t i n g ) Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) 1 To t a l go v e r n m e n t a l ac t i v i t i e s ex p e n s e s 12 9 ,15 1 13 7 ,23 6 14 0 ,63 6 12 7 ,26 9 14 0 ,43 2 13 5 ,35 8 13 4 ,35 9 134,008 136,121 185,129 Bu s i n e s s - t y p e a c t i v i t i e s : W a t e r a n d s e w e r u t i l i t y 4 8 , 5 9 2 4 9 , 8 4 0 5 2 , 0 1 5 5 4 , 5 2 0 5 7 , 2 2 9 6 1 , 0 1 0 5 9 , 4 0 6 5 7 , 7 7 4 64,810 69,550 G a s u t i l i t y 3 6 , 9 4 7 3 3 , 5 7 9 3 5 , 9 4 4 2 9 , 2 8 5 3 1 , 2 0 0 2 8 , 3 5 4 2 7 , 6 6 2 2 9 , 7 4 7 31,639 33,352 S o l i d w a s t e u t i l i t y 1 6 , 0 1 3 1 6 , 1 7 2 1 6 , 0 3 6 1 4 , 8 0 1 1 5 , 6 1 8 1 5 , 8 4 4 1 6 , 6 3 2 1 7 , 0 4 2 17,572 22,486 S t o r m w a t e r u t i l i t y 9 , 0 1 3 9 , 4 6 5 1 1 , 0 7 0 1 1 , 7 7 5 1 0 , 9 3 7 1 2 , 2 3 4 1 2 , 8 4 7 1 2 , 2 8 4 16,476 16,110 R e c y c l i n g 2 , 5 7 9 2 , 8 9 5 3 , 2 0 7 2 , 5 1 8 2 , 7 5 9 2 , 9 5 4 2 , 8 5 5 4 , 0 5 6 3,094 2,455 M a r i n e 4 , 3 0 3 4 , 3 6 6 4 , 6 9 6 4 , 0 2 5 3 , 8 6 8 4 , 1 3 6 4 , 1 6 8 4 , 2 1 4 4,378 4,182 A v i a t i o n 4 6 8 3 8 2 4 1 7 7 4 3 3 8 8 5 1 5 3 6 6 4 0 4 345 399 P a r k i n g s y s t e m 3 , 9 7 6 3 , 4 2 7 3 , 5 2 1 3 , 7 5 2 4 , 3 0 2 3 , 8 6 7 4 , 2 0 0 3 , 7 3 0 3,637 4,724 H a r b o r v i e w C e n t e r 2 , 6 1 8 2 , 6 6 4 2 , 8 0 0 2 , 3 4 5 9 8 4 5 7 9 6 1 0 5 2 0 522 - C l e a r w a t e r H a r b o r M a r i n a - - 2 3 4 7 4 4 7 3 6 5 7 7 2 6 6 7 6 779 911 To t a l b u s i n e s s - t y p e a c t i v i t i e s e x p e n s e s 1 2 4 , 5 0 9 1 2 2 , 7 9 0 1 2 9 , 7 2 9 1 2 4 , 2 3 8 1 2 7 , 7 5 8 1 3 0 , 1 5 0 1 2 9 , 4 7 2 1 3 0 , 4 4 7 143,252 154,169 To t a l p r i m a r y g o v e r n m e n t e x p e n s e s 2 5 3 , 6 6 0 $ 2 6 0 , 0 2 6 $ 2 7 0 , 3 6 5 $ 2 5 1 , 5 0 7 $ 2 6 8 , 1 9 0 $ 2 6 5 , 5 0 8 $ 2 6 3 , 8 3 1 $ 2 6 4 , 4 5 5 $ 279,373$ 339,298$ No t e s : T h e H a r b o r v i e w C e n t e r F u n d w a s c l o s e d i n F Y 2 0 1 4 a n d i t s o p e r a t i o n s t r a n s f e r r e d t o t h e G e n e r a l F u n d d u r i n g t h e y e a r e n d e d S e p t e m b e r 3 0 , 2 0 1 4 . F i s c a l y e a r s p r i o r t o 2 0 1 5 a r e n o t r e s t a t e d f o r G A S B - 6 8 . 46 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 C h a r g e s f o r s e r v i c e s : G e n e r a l g o v e r n m e n t a b 13 , 5 8 5 $ 1 4 , 6 2 8 $ 1 4 , 5 0 8 $ 2 1 , 6 3 9 $ 2 1 , 6 7 9 $ 2 1 , 4 8 4 $ 2 0 , 8 6 9 $ 2 0 , 4 0 1 $ 1 9 , 9 2 0 $ 22,726$ 23,668$ P u b l i c s a f e t y 7 , 5 0 0 8 , 2 2 2 8 , 4 4 4 9 , 8 0 3 1 0 , 2 9 1 8 , 9 6 6 9 , 9 8 0 9 , 2 6 5 1 0 , 6 5 4 11,040 10,593 P h y s i c a l e n v i r o n m e n t 1 1 9 1 5 0 1 2 3 9 1 2 4 9 3 3 1 1 4 7 7 7 1 7 4 150 196 T r a n s p o r t a t i o n 1 6 3 2 3 5 2 6 1 1 9 4 3 9 7 8 5 7 8 5 2 8 8 5 7 3 8 454 327 E c o n o m i c e n v i r o n m e n t 1 6 4 1 1 0 1 0 7 1 0 8 2 1 1 1 2 4 1 5 3 1 2 2 1 2 1 132 109 C u l t u r e a n d r e c r e a t i o n 4 , 7 5 3 5 , 2 9 6 5 , 5 7 4 5 , 3 1 8 5 , 3 3 4 5 , 1 7 4 5 , 4 9 1 5 , 4 7 4 5 , 9 7 3 6,855 7,103 O p e r a t i n g g r a n t s a n d c o n t r i b u t i o n s 6 , 2 7 3 7 , 1 8 1 9 , 6 8 7 9 , 1 2 3 8 , 5 4 2 7 , 5 6 1 8 , 0 6 2 8 , 5 2 1 8 , 1 1 4 6,305 6,893 C a p i t a l g r a n t s a n d c o n t r i b u t i o n s 1 5 , 0 5 8 3 , 4 0 5 1 1 , 7 4 8 7 , 6 3 2 3 , 1 6 9 1 , 3 1 5 2 , 7 6 6 8 4 5 4 3 7 2,391 2,326 To t a l g o v e r n m e n t a l a c t i v i t i e s 47 6 1 5 39 2 2 7 50 4 5 2 53 9 0 8 49 8 7 2 45 8 1 2 48 3 2 0 45 5 9 0 461315005351215 Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) Pr o g r a m r e v e n u e s Schedule 2 (continued) Ci t y o f C l e a r w a t e r , F l o r i d a Ch a n g e s i n N e t P o s i t i o n La s t T e n F i s c a l Y e a r s (a c c r u a l b a s i s o f a c c o u n t i n g ) Pa g e 2 o f 3 p r o g r a m r e v e n u e s 47 ,61 5 39 ,22 7 50 ,45 2 53 ,90 8 49 ,87 2 45 ,81 2 48 ,32 0 45 ,59 0 46,131 50,053 51,215 Bu s i n e s s - t y p e a c t i v i t i e s : C h a r g e s f o r s e r v i c e s : W a t e r a n d s e w e r u t i l i t y 4 5 , 3 0 6 4 9 , 1 5 9 5 0 , 3 8 1 5 2 , 1 1 1 5 3 , 9 6 5 5 5 , 8 0 1 5 9 , 8 1 0 6 2 , 0 1 2 6 5 , 2 9 2 67,141 70,848 G a s u t i l i t y 3 7 , 4 6 9 4 3 , 1 6 0 3 8 , 9 0 6 4 0 , 9 0 2 3 9 , 0 7 9 3 6 , 6 2 2 3 6 , 4 7 0 3 6 , 3 5 1 3 7 , 6 9 3 41,347 41,143 S o l i d w a s t e u t i l i t y 1 6 , 5 4 1 1 6 , 8 1 6 1 7 , 3 0 1 1 7 , 5 1 2 1 7 , 8 4 7 1 8 , 4 2 2 1 9 , 2 0 5 1 9 , 4 6 2 1 9 , 5 0 4 19,966 20,401 S t o r m w a t e r u t i l i t y 1 0 , 3 1 9 1 1 , 1 3 8 1 1 , 8 8 5 1 2 , 7 7 0 1 3 , 4 9 3 1 4 , 7 1 7 1 5 , 2 2 2 1 5 , 8 9 0 1 6 , 3 7 8 16,789 17,162 R e c y c l i n g 2 , 7 8 4 2 , 7 4 0 3 , 2 0 4 3 , 4 1 1 2 , 2 2 7 2 , 6 9 5 3 , 1 3 5 2 , 6 8 1 2 , 4 5 3 2,370 2,261 M a r i n e 3 , 7 2 1 4 , 0 7 5 4 , 3 2 3 4 , 7 9 8 4 , 0 3 1 4 , 0 6 4 4 , 3 8 7 4 , 1 8 1 4 , 3 3 1 4,643 4,352 A v i a t i o n 2 0 5 2 1 3 2 2 4 2 2 7 2 1 6 3 3 2 2 3 7 2 5 7 2 6 1 268 283 P a r k i n g s y s t e m 4 , 7 5 2 4 , 9 8 1 4 , 6 5 5 4 , 1 6 6 5 , 0 0 7 4 , 3 5 8 4 , 6 7 7 4 , 8 9 0 4 , 9 9 4 5,159 6,215 H a r b o r v i e w C e n t e r 1 , 6 4 6 1 , 8 4 2 1 , 8 4 6 2 , 0 3 2 1 , 6 4 1 4 4 0 5 1 2 0 9 4 8 50 - C l e a r w a t e r H a r b o r M a r i n a - - - - 5 0 4 4 3 2 5 4 6 7 5 5 9 619 664 O p e r a t i n g g r a n t s a n d c o n t r i b u t i o n s 5 9 5 9 8 3 8 3 8 3 1 8 7 1 3 3 1 3 4 5 8 4 140 50 C a p i t a l g r a n t s a n d c o n t r i b u t i o n s 6 , 1 3 8 6 , 6 3 9 6 , 3 8 2 1 , 0 8 6 2 , 6 0 9 1 1 , 0 6 0 5 , 2 9 0 7 , 4 6 9 6 , 2 5 0 13,590 4,662 To t a l b u s i n e s s - t y p e a c t i v i t i e s p r o g r a m r e v e n u e s 12 8 , 9 4 0 1 4 0 , 8 2 2 1 3 9 , 1 9 0 1 3 9 , 0 9 8 1 4 0 , 2 4 8 1 4 8 , 7 4 2 1 4 8 , 9 4 2 1 5 4 , 0 0 3 1 5 8 , 3 4 7 172,082 168,041 To t a l p r i m a r y g o v e r n m e n t pr o g r a m r e v e n u e s 17 6 , 5 5 5 $ 1 8 0 , 0 4 9 $ 1 8 9 , 6 4 2 $ 1 9 3 , 0 0 6 $ 1 9 0 , 1 2 0 $ 1 9 4 , 5 5 4 $ 1 9 7 , 2 6 2 $ 1 9 9 , 5 9 3 $ 2 0 4 , 4 7 8 $ 222,135$ 219,256$ 147 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 Ne t ( E x p e n s e s ) / R e v e n u e Go v e r n m e n t a l a c t i v i t i e s ( 7 1 , 1 1 2 ) $ ( 8 9 , 9 2 4 ) $ ( 8 6 , 7 8 4 ) $ ( 8 6 , 7 2 8 ) $ ( 7 7 , 3 9 7 ) $ ( 9 4 , 6 2 0 ) $ ( 8 7 , 0 3 8 ) $ ( 8 8 , 7 7 0 ) $ ( 8 7 , 8 7 6 ) $ (86,068)$ (133,914)$ Bu s i n e s s - t y p e a c t i v i t i e s 1 4 , 1 4 8 1 6 , 3 1 3 1 6 , 4 0 0 9 , 3 6 9 1 6 , 0 1 0 2 0 , 9 8 4 1 8 , 7 9 2 2 4 , 5 3 1 2 7 , 9 0 0 28,830 13,872 To t a l p r i m a r y g o v e r n m e n t n e t ( e x p e n s e ) / r e v e n u e ( 5 6 , 9 6 4 ) $ ( 7 3 , 6 1 1 ) $ ( 7 0 , 3 8 4 ) $ ( 7 7 , 3 5 9 ) $ ( 6 1 , 3 8 7 ) $ ( 7 3 , 6 3 6 ) $ ( 6 8 , 2 4 6 ) $ ( 6 4 , 2 3 9 ) $ ( 5 9 , 9 7 6 ) $ (57,238)$ (120,042)$ Ge n e r a l R e v e n u e s a n d O t h e r C h a n g e s i n N e t P o s i t i o n Go v e r n m e n t a l a c t i v i t i e s : T a x e s P r o p e r t y 4 1 , 5 8 8 $ 4 8 , 0 7 6 $ 5 3 , 7 1 7 $ 5 0 , 3 4 7 $ 4 6 , 8 9 3 $ 4 4 , 0 4 0 $ 3 9 , 2 5 3 $ 3 7 , 9 3 8 $ 3 7 , 3 6 0 $ 38,574$ 40,925$ S a l e s 1 6 , 3 5 1 1 7 , 1 5 5 1 6 , 0 7 9 1 5 , 6 7 5 1 3 , 8 5 0 1 3 , 2 5 3 1 3 , 3 8 5 1 4 , 0 9 2 1 4 , 8 1 8 15,722 16,833 F r a n c h i s e a 8, 2 2 6 9 , 4 3 5 9 , 5 0 5 - - - - - - - - U t i l i t y 1 0 , 6 1 1 1 1 , 2 6 4 1 1 , 4 1 0 1 1 , 5 3 3 1 2 , 0 2 1 1 3 , 5 7 4 1 3 , 2 2 9 1 2 , 7 3 6 1 3 , 4 7 3 14,309 14,095 C o m m u n i c a t i o n s s e r v i c e s 6 , 8 8 3 6 , 8 5 4 6 , 7 8 4 7 , 3 1 6 6 , 3 9 8 6 , 1 0 7 5 , 8 5 2 5 , 8 7 1 5 , 4 7 0 5,061 4,919 O t h e r t a x e s b 5, 1 8 3 5 , 5 2 3 5 , 7 7 9 8 , 1 5 4 7 , 5 8 1 7 , 7 7 3 7 , 4 5 1 7 , 1 0 5 8 , 1 5 7 7,725 7,969 I n v e s t m e n t e a r n i n g s 2 , 6 4 8 5 , 3 5 2 7 , 4 0 2 5 , 8 3 7 8 , 6 3 5 5 , 0 1 5 2 , 9 6 5 2 , 7 5 8 ( 1 , 1 0 9 ) 2,596 3,279 M i s c e l l a n e o u s 1 5 1 3 9 6 1 3 1 4 3 7 1 1 3 1 2 8 1 2 5 1 0 1 1 3 4 28 26 E x t r a o r d i n a r y i t e m - - - - - - - - - - 6,480 Tr a n s f e r s 4 7 0 7 3 6 5 8 6 9 4 8 4 1 9 6 (2 9 5 8 ) 9 9 5 1 7 5 1 1 8 9 8 0 9505134109330 Pa g e 3 o f 3 Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) Schedule 2 (continued) Ci t y o f C l e a r w a t e r , F l o r i d a Ch a n g e s i n N e t P o s i t i o n La s t T e n F i s c a l Y e a r s (a c c r u a l b a s i s o f a c c o u n t i n g ) 148 Tr a n s f e r s 4,70 7 3,65 8 6,94 8 4,19 6 (2 ,95 8 ) 9,95 1 7,51 1 8,980 9,505 13,410 9,330 To t a l g o v e r n m e n t a l a c t i v i t i e s 9 6 , 3 4 8 1 0 7 , 7 1 3 1 1 7 , 7 5 5 1 0 3 , 4 9 5 9 2 , 5 3 3 9 9 , 8 4 1 8 9 , 7 7 1 8 9 , 5 8 1 8 7 , 8 0 8 97,425 103,856 Bu s i n e s s - t y p e a c t i v i t i e s : I n v e s t m e n t e a r n i n g s 2 , 2 1 0 4 , 3 4 1 5 , 3 7 3 4 , 3 1 3 6 , 9 0 4 5 , 2 8 4 3 , 4 9 7 3 , 6 4 4 ( 1 , 2 8 7 ) 3,407 4,086 T r a n s f e r s ( 4 , 7 0 7 ) ( 3 , 6 5 8 ) ( 6 , 9 4 8 ) ( 4 , 1 9 6 ) 2 , 9 5 8 ( 9 , 9 5 1 ) ( 7 , 5 1 1 ) ( 8 , 9 8 0 ) ( 9 , 5 0 5 ) (13,410) (9,330) To t a l b u s i n e s s - t y p e a c t i v i t i e s ( 2 , 4 9 7 ) 6 8 3 ( 1 , 5 7 5 ) 1 1 7 9 , 8 6 2 ( 4 , 6 6 7 ) ( 4 , 0 1 4 ) ( 5 , 3 3 6 ) ( 1 0 , 7 9 2 ) (10,003) (5,244) To t a l p r i m a r y g o v e r n m e n t 9 3 , 8 5 1 $ 1 0 8 , 3 9 6 $ 1 1 6 , 1 8 0 $ 1 0 3 , 6 1 2 $ 1 0 2 , 3 9 5 $ 9 5 , 1 7 4 $ 8 5 , 7 5 7 $ 8 4 , 2 4 5 $ 7 7 , 0 1 6 $ 87,422$ 98,612$ Ch a n g e i n N e t P o s i t i o n Go v e r n m e n t a l a c t i v i t i e s 2 5 , 2 3 6 $ 1 7 , 7 8 9 $ 3 0 , 9 7 1 $ 1 6 , 7 6 7 $ 1 5 , 1 3 6 $ 5 , 2 2 1 $ 2 , 7 3 3 $ 8 1 1 $ ( 6 8 ) $ 11,357$ (30,058)$ Bu s i n e s s - t y p e a c t i v i t i e s 1 1 , 6 5 1 1 6 , 9 9 6 1 4 , 8 2 5 9 , 4 8 6 2 5 , 8 7 2 1 6 , 3 1 7 1 4 , 7 7 8 1 9 , 1 9 5 1 7 , 1 0 8 18,827 8,628 To t a l p r i m a r y g o v e r n m e n t c h a n g e i n n e t p o s i t i o n 3 6 , 8 8 7 $ 3 4 , 7 8 5 $ 4 5 , 7 9 6 $ 2 6 , 2 5 3 $ 4 1 , 0 0 8 $ 2 1 , 5 3 8 $ 1 7 , 5 1 1 $ 2 0 , 0 0 6 $ 1 7 , 0 4 0 $ 30,184$ (21,430)$ a F r a n c h i s e f e e s r e c l a s s i f i e d f r o m G e n e r a l R e v e n u e s t o C h a r g e s f o r S e r v i c e s e f f e c t i v e w i t h f i s c a l 2 0 0 8 , p e r g u i d a n c e f r o m S t a t e o f F l o r i d a , D e p a r t m e n t o f F i n a n c i a l S e r v i c e s , B u r e a u o f L o c a l G o v e r n m e n t . b O c c u p a t i o n a l l i c e n s e s r e c l a s s i f i e d f r o m C h a r g e s f o r S e r v i c e s t o L o c a l B u s i n e s s T a x ( O t h e r T a x e s ) e f f e c t i v e w i t h f i s c a l 2 0 0 8 , p e r g u i d a n c e f r o m S t a t e o f F l o r i d a , D e p a r t m e n t o f F i n a n c i a l S e r v i c e s , B u r e a u o f L o c a l G o v e r n m e n t . 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 Fu n c t i o n / P r o g r a m Go v e r n m e n t a l a c t i v i t i e s : G e n e r a l g o v e r n m e n t 1 4 , 6 9 7 $ 1 4 , 5 1 4 $ 2 1 , 6 4 0 $ b 21 , 6 8 1 $ 2 1 , 5 1 2 $ 2 1 , 5 3 3 $ 2 0 , 4 1 8 $ 1 9 , 9 2 0 $ 22,728$ 23,668$ P u b l i c s a f e t y 9 , 2 7 5 1 1 , 7 6 3 1 2 , 7 8 4 1 3 , 2 8 4 1 2 , 3 0 9 1 2 , 6 3 1 1 3 , 7 5 3 1 3 , 5 5 1 14,192 13,201 P h y s i c a l e n v i r o n m e n t 1 , 2 7 4 7 0 4 6 9 5 3 0 4 3 6 0 3 4 4 3 2 7 3 2 6 447 1,311 T r a n s p o r t a t i o n 2 , 3 0 0 1 0 , 4 9 1 a 6, 6 2 8 1 , 8 5 2 2 , 0 2 4 2 , 6 5 1 1 , 4 3 6 1 , 2 8 4 885 1,024 E c o n o m i c e n v i r o n m e n t 2 , 7 0 8 3 , 2 9 8 2 , 8 4 4 3 , 3 2 7 1 , 9 8 2 2 , 4 4 4 1 , 6 8 7 2 , 9 8 8 1,828 1,713 H u m a n s e r v i c e s - - - - - 2 1 1 1 8 0 1 4 7 - 350 C u l t u r e a n d r e c r e a t i o n 8 , 9 7 3 9 , 6 8 2 9 , 3 1 7 9 , 4 2 4 7 , 6 2 5 8 , 5 0 6 7 , 7 8 9 7 , 9 1 5 9,973 9,948 Su b t o t a l g o v e r n m e n t a l a c t i v i t i e s 3 9 , 2 2 7 5 0 , 4 5 2 5 3 , 9 0 8 4 9 , 8 7 2 4 5 , 8 1 2 4 8 , 3 2 0 4 5 , 5 9 0 4 6 , 1 3 1 50,053 51,215 Bu s i n e s s - t y p e a c t i v i t i e s : W a t e r a n d s e w e r u t i l i t y 52 2 6 4 56 0 7 1 52 8 0 7 55 2 9 1 63 4 2 6 63 5 6 6 68 8 1 2 697327847874146 Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) Schedule 2a Ci t y o f C l e a r w a t e r , F l o r i d a Pr o g r a m R e v e n u e s b y F u n c t i o n / P r o g r a m La s t T e n F i s c a l Y e a r s (a c c r u a l b a s i s o f a c c o u n t i n g ) 14 Wa t e r an d se w e r ut i l i t y 52 ,26 4 56 ,07 1 52 ,80 7 55 ,29 1 63 ,42 6 63 ,56 6 68 ,81 2 69,732 78,478 74,146 G a s u t i l i t y 4 3 , 1 6 0 3 8 , 9 0 6 4 0 , 9 0 2 3 9 , 0 7 8 3 6 , 6 7 2 3 6 , 4 7 0 3 6 , 3 5 1 3 8 , 1 4 3 41,347 41,143 S o l i d w a s t e u t i l i t y 1 6 , 8 1 6 1 7 , 3 0 1 1 7 , 5 1 2 1 7 , 8 4 7 1 8 , 4 2 2 1 9 , 2 0 5 1 9 , 4 6 2 1 9 , 5 0 4 19,966 20,401 S t o r m w a t e r u t i l i t y 1 4 , 3 4 3 1 2 , 5 5 9 1 2 , 9 4 1 1 4 , 4 7 8 1 5 , 6 8 2 1 6 , 5 2 3 1 5 , 9 6 1 1 6 , 8 6 9 18,821 17,805 R e c y c l i n g 2 , 7 9 9 3 , 2 8 7 3 , 4 9 3 2 , 3 1 0 2 , 7 7 9 3 , 2 1 8 2 , 7 6 4 2 , 5 3 6 2,453 2,261 M a r i n e 4 , 1 2 8 4 , 3 2 3 4 , 8 1 0 4 , 0 3 1 4 , 0 6 4 4 , 3 8 7 4 , 2 5 9 4 , 3 3 4 4,658 4,357 A v i a t i o n 4 8 9 2 4 2 3 3 5 3 6 5 4 9 1 4 5 4 7 7 6 1 , 4 9 1 480 999 P a r k i n g s y s t e m 4 , 9 8 1 4 , 6 5 5 4 , 2 6 6 5 , 1 5 7 4 , 3 6 4 4 , 6 7 7 4 , 8 9 0 4 , 9 9 4 5,159 6,215 H a r b o r v i e w C e n t e r 1 , 8 4 2 1 , 8 4 6 2 , 0 3 2 1 , 6 4 1 4 4 0 5 1 2 0 9 4 8 50 - C l e a r w a t e r H a r b o r M a r i n a - - - 5 0 2 , 4 0 2 3 9 1 5 1 8 6 9 6 670 714 Su b t o t a l b u s i n e s s - t y p e a c t i v i t i e s 1 4 0 , 8 2 2 1 3 9 , 1 9 0 1 3 9 , 0 9 8 1 4 0 , 2 4 8 1 4 8 , 7 4 2 1 4 8 , 9 4 2 1 5 4 , 0 0 2 1 5 8 , 3 4 7 172,082 168,041 To t a l p r i m a r y g o v e r n m e n t 1 8 0 , 0 4 9 $ 1 8 9 , 6 4 2 $ 1 9 3 , 0 0 6 $ 1 9 0 , 1 2 0 $ 1 9 4 , 5 5 4 $ 1 9 7 , 2 6 2 $ 1 9 9 , 5 9 2 $ 2 0 4 , 4 7 8 $ 222,135$ 219,256$ a I n 2 0 0 7 , t h e C i t y r e c e i v e d g r a n t s f r o m t h e F l o r i d a D e p a r t m e n t of T r a n s p o r t a i o n f o r c o n s t r u c t i o n of B e a c h W a l k ( $ 3 . 8 m i l l i o n ) a n d t h e D o w n t o w n S t r e e t s c a p e ( $ 2 . 6 m i l l i o n ) . b F r a n c h i s e f e e s r e c l a s s i f i e d f r o m G e n e r a l R e v e n u e s t o C ha r g e s f o r S e r v i c e s e f f e c t i v e w i t h f i s c a l 2 0 0 8 , p e r g u i d a n c e f r o m S t a t e o f F l o r i d a , D e p a r t m e n t o f F i n a n c i a l S e r v i c e s , B u r e a u o f L o c a l G o v e r n m e n t . 9 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 b 20 1 2 20 1 3 20 1 4 2015 Ge n e r a l F u n d : N o n s p e n d a b l e - $ - $ - $ - $ - $ 2 4 $ 2 5 $ 3 7 $ 3 3 $ 4 0 $ R e s t r i c t e d - - - - - - - - - - C o m m i t t e d - - - - - - - - - - A s s i g n e d - - - - - 8 5 6 1 , 0 4 3 5 8 8 8 9 4 4 4 7 U n a s s i g n e d - - - - - 2 3 , 0 8 1 2 2 , 0 3 4 2 1 , 6 6 4 2 3 , 4 8 8 3 1 , 5 4 0 R e s e r v e d 2 , 9 4 1 3 , 4 7 6 3 , 5 0 0 3 , 1 6 8 1 , 1 6 4 - - - - - U n r e s e r v e d 2 1 , 4 7 9 2 3 , 5 8 0 1 7 , 5 6 4 1 9 , 1 7 1 2 2 , 9 0 3 - - - - - To t a l G e n e r a l F u n d 2 4 , 4 2 0 $ 2 7 , 0 5 6 $ 2 1 , 0 6 4 $ 2 2 , 3 3 9 $ 2 4 , 0 6 7 $ 2 3 , 9 6 1 $ 2 3 , 1 0 2 $ 2 2 , 2 8 9 $ 2 4 , 4 1 5 $ 3 2 , 0 2 7 $ Al l O t h e r G o v e r n m e n t a l F u n d s : N o n s p e n d a b l e - $ - $ - $ - $ - $ 9 0 $ 8 7 $ 9 6 $ - $ - $ R e s t r i c t e d - - - - - 6 1 , 9 9 1 6 5 , 6 4 5 6 0 , 4 9 3 6 8 , 4 2 7 5 7 , 2 3 9 Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) Schedule 3 Ci t y o f C l e a r w a t e r , F l o r i d a Fu n d B a l a n c e s o f G o v e r n m e n t a l F u n d s La s t T e n F i s c a l Y e a r s (m o d i f i e d a c c r u a l b a s i s o f a c c o u n t i n g ) 150 , , , ,, C o m m i t t e d - - - - - 1 7 , 1 3 1 1 7 , 3 4 6 2 7 , 3 2 2 1 9 , 3 7 4 2 0 , 1 6 7 A s s i g n e d - - - - - 7 , 4 0 4 8 , 4 8 8 5 , 8 0 1 6 , 6 8 9 7 , 8 1 5 U n a s s i g n e d - - - - - ( 1 , 9 2 1 ) ( 2 , 1 1 9 ) ( 3 , 9 1 7 ) ( 6 , 3 4 7 ) ( 2 , 5 5 3 ) R e s e r v e d 3 5 , 3 6 3 4 8 , 7 2 2 3 6 , 6 4 1 3 7 , 2 5 9 2 9 , 9 7 0 - - - - - U n r e s e r v e d , r e p o r t e d i n : - S p e c i a l r e v e n u e f u n d s 1 9 , 6 0 8 1 8 , 6 5 6 1 6 , 4 2 6 1 6 , 8 9 9 1 3 , 9 4 4 - - - - - D e b t s e r v i c e f u n d s 6 4 9 0 1 1 3 1 3 6 7 , 7 2 6 - - - - - C a p i t a l p r o j e c t f u n d s 2 7 , 7 4 6 1 9 , 2 2 5 4 0 , 6 8 5 a 36 , 7 5 7 3 6 , 2 4 0 - - - - - To t a l a l l o t h e r g o v e r n m e n t a l f u n d s 8 2 , 7 8 1 $ 8 6 , 6 9 3 $ 9 3 , 8 6 5 $ 9 1 , 0 5 1 $ 8 7 , 8 8 0 $ 8 4 , 6 9 5 $ 8 9 , 4 4 7 $ 8 9 , 7 9 5 $ 8 8 , 1 4 3 $ 8 2 , 6 6 8 $ a T h e f i s c a l 2 0 0 8 u n r e s e r v e d f u n d b a l a n c e i n c r e a s e f o r c a p i t a l p r o j e c t s i s d u e t o f u n d i n g o f c a p i t a l p r o j e c t s i n a d v a n c e o f p r o j ec t e x p e n d i t u r e s . b G A S B S t a t e m e n t N o . 5 4 w a s i m p l e m e n t e d i n 2 0 1 1 a n d r e f l e c t s n e w f u n d b a l a n c e c l a s s i f i c a t i o n f o r 2 0 1 1 . Th e n e w c l a s s i f i c a t i o n s h a v e n o t b e e n r e s t a t e d f o r 2 0 1 0 a n d p r i o r . 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 201320142015 To t a l G o v e r n m e n t a l F u n d s : P r o p e r t y t a x e s 4 8 , 0 7 6 $ 5 3 , 7 1 7 $ 5 0 , 3 4 7 $ 4 6 , 5 7 9 $ 4 4 , 0 9 7 $ 3 9 , 2 9 0 $ 3 7 , 9 5 4 $ 3 7 , 4 1 3 $ 38,597$ 40,919$ S a l e s t a x e s 1 0 , 7 0 5 9 , 9 3 1 9 , 8 6 3 8 , 5 7 4 7 , 9 8 7 7 , 9 2 9 8 , 3 9 3 8 , 8 6 8 9,465 10,188 U t i l i t y t a x e s 1 1 , 2 6 4 1 1 , 4 1 0 1 1 , 5 3 3 1 2 , 0 2 0 1 3 , 5 7 4 1 3 , 2 2 9 1 2 , 7 3 5 1 3 , 4 7 3 14,309 14,094 C o m m u n i c a t i o n s s e r v i c e s t a x e s 6 , 8 5 4 6 , 7 8 4 6 , 7 4 7 6 , 9 6 6 6 , 1 0 7 5 , 8 5 2 5 , 8 7 1 5 , 4 7 0 5,061 4,919 O t h e r t a x e s 3 , 0 1 6 3 , 0 1 5 3 , 6 6 9 4 , 1 6 7 3 , 6 1 3 3 , 5 6 1 3 , 3 0 8 3 , 5 5 6 3,554 3,519 F r a n c h i s e f e e s 9 , 4 3 5 9 , 5 0 5 9 , 2 5 4 1 0 , 2 0 4 1 0 , 5 4 0 9 , 9 9 4 9 , 6 0 3 9 , 1 6 4 9,877 9,873 L i c e n s e s , p e r m i t s , a n d f e e s 4 , 7 8 0 4 , 4 4 1 2 , 7 1 9 1 , 9 1 8 1 , 7 6 6 2 , 3 6 4 2 , 1 1 7 2 , 1 8 7 3,292 4,408 I n t e r g o v e r n m e n t a l r e v e n u e s 2 5 , 4 0 7 3 4 , 6 2 2 3 1 , 4 7 3 2 7 , 9 7 2 2 5 , 4 0 0 2 6 , 6 9 3 2 5 , 7 5 0 2 6 , 8 4 2 26,354 27,573 C h a r g e s f o r s e r v i c e s 1 4 , 6 6 9 1 4 , 8 0 6 1 4 , 8 9 5 1 4 , 9 3 3 1 4 , 8 0 3 1 4 , 0 8 1 1 4 , 6 8 2 1 4 , 4 8 4 15,574 15,830 F i n e s a n d f o r f e i t u r e s 1 , 5 5 7 1 , 4 0 1 1 , 2 9 8 1 , 4 7 8 1 , 1 0 1 1 , 6 3 8 9 8 5 1 , 8 0 8 1,480 1,638 I n v e s t m e n t e a r n i n g s 3 , 7 8 4 5 , 4 0 0 4 , 1 0 1 5 , 7 6 8 3 , 3 6 0 1 , 9 3 7 1 , 7 1 9 ( 6 6 8 ) b1,717 2,160 M i s c e l l a n e o u s 2 , 0 8 9 4 , 1 7 3 4 , 9 6 1 1 , 8 8 0 1 , 7 0 9 2 , 9 6 3 2 , 0 1 6 2 , 3 1 0 2,734 3,886 To t a l r e v e n u e s 1 4 1 , 6 3 6 1 5 9 , 2 0 5 1 5 0 , 8 6 0 1 4 2 , 4 5 9 1 3 4 , 0 5 7 1 2 9 , 5 3 1 1 2 5 , 1 3 3 1 2 4 , 9 0 7 132,014 139,007 Ex p e n d i t u r e s To t a l G o v e r n m e n t a l F u n d s : C u r r e n t : G e n e r a l g o v e r n m e n t 1 2 , 5 9 0 1 3 , 3 5 7 1 4 , 1 7 0 1 3 , 6 3 3 1 5 , 6 7 6 1 5 , 0 4 2 1 2 , 7 6 4 1 2 , 5 2 0 14,391 13,159 P u b l i c s a f e t y 5 7 , 2 6 5 6 5 , 0 9 9 6 4 , 6 3 6 6 4 , 2 4 2 6 4 , 7 3 4 6 3 , 6 1 0 6 4 , 1 7 1 6 6 , 2 6 2 66,771 66,886 P h y s i c a l e n v i r o n m e n t 3 , 0 3 5 2 , 9 6 4 2 , 6 7 3 4 , 0 8 5 3 , 7 7 7 3 , 7 2 2 3 , 0 3 2 3 , 3 7 6 3,400 3,158 T r a n s p o r t a t i o n 1 0 , 2 6 7 1 1 , 1 6 2 9 , 9 5 0 7 , 7 6 8 9 , 1 2 8 8 , 5 3 6 8 , 3 3 2 7 , 5 2 2 7,787 9,925 E c o n o m i c e n v i r o n m e n t 3 , 3 2 4 3 , 1 7 5 4 , 2 1 3 3 , 1 6 6 3 , 0 8 9 2 , 7 7 3 2 , 4 7 0 3 , 2 5 6 2,544 3,993 H u m a n s e r v i c e s 4 4 2 4 5 3 4 3 7 4 0 5 1 0 0 1 8 0 1 8 2 1 0 4 137 223 Schedule 4 Ci t y o f C l e a r w a t e r , F l o r i d a Ch a n g e s i n F u n d B a l a n c e s o f G o v e r n m e n t a l F u n d s La s t T e n F i s c a l Y e a r s (m o d i f i e d a c c r u a l b a s i s o f a c c o u n t i n g ) Re v e n u e s Fi s c a l Y e a r (a m o u n t s i n t h o u s a n d s ) 151 C u l t u r e a n d r e c r e a t i o n 2 8 , 5 4 4 2 9 , 9 3 9 3 0 , 3 1 7 2 7 , 1 1 4 2 5 , 8 8 3 2 5 , 1 9 8 2 7 , 0 2 8 2 6 , 5 6 7 27,557 28,339 D e b t s e r v i c e : P r i n c i p a l 7 , 2 5 7 7 , 1 9 2 7 , 4 1 4 7 , 8 2 5 1 1 , 6 7 0 9 , 5 1 0 1 , 0 4 9 1 , 0 4 9 947 928 I n t e r e s t & i s s u a n c e c o s t s 3 , 0 2 9 a 1, 9 9 9 1 , 7 2 8 1 , 6 1 7 1 , 3 3 9 8 5 6 5 4 8 5 3 8 542 501 C a p i t a l o u t l a y 9 , 8 3 4 2 4 , 1 2 6 2 1 , 9 7 0 2 2 , 3 1 2 1 0 , 1 4 5 9 , 1 6 5 8 , 8 6 0 1 3 , 3 1 8 16,098 12,132 T o t a l e x p e n d i t u r e s 1 3 5 , 5 8 7 1 5 9 , 4 6 6 1 5 7 , 5 0 8 1 5 2 , 1 6 7 1 4 5 , 5 4 1 1 3 8 , 5 9 2 1 2 8 , 4 3 6 1 3 4 , 5 1 2 140,174 139,244 Ex c e s s ( d e f i c i e n c y ) o f r e v e n u e s o v e r ( u n d e r ) e x p e n d i t u r e s 6 , 0 4 9 ( 2 6 1 ) ( 6 , 6 4 8 ) ( 9 , 7 0 8 ) ( 1 1 , 4 8 4 ) ( 9 , 0 6 1 ) ( 3 , 3 0 3 ) ( 9 , 6 0 5 ) (8,160) (237) To t a l G o v e r n m e n t a l F u n d s : T r a n s f e r s i n 3 5 , 2 5 8 4 7 , 3 3 4 4 2 , 4 8 1 3 8 , 9 5 6 5 2 , 4 8 1 3 4 , 9 0 8 3 1 , 3 7 3 3 5 , 8 1 3 34,453 39,386 T r a n s f e r s o u t ( 2 9 , 8 5 0 ) ( 4 0 , 7 7 9 ) ( 3 9 , 0 2 3 ) ( 3 1 , 3 1 2 ) ( 4 2 , 4 4 0 ) ( 3 0 , 2 0 4 ) ( 2 4 , 4 9 1 ) ( 2 6 , 6 7 3 ) (25,819) (31,190) S a l e o f c a p i t a l a s s e t s 1 2 0 - - - - - - - - - L a n d h e l d f o r r e s a l e f r o m g e n e r a l g o v e r n m e n t 1 , 0 0 0 - - - - - - - - - L o n g t e r m d e b t i s s u e d 8 9 5 2 5 4 4 , 3 7 0 5 2 5 - 1 , 0 6 6 3 1 4 - - 82 To t a l o t h e r f i n a n c i n g s o u r c e s ( u s e s ) 7 , 4 2 3 6 , 8 0 9 7 , 8 2 8 8 , 1 6 9 1 0 , 0 4 1 5 , 7 7 0 7 , 1 9 6 9 , 1 4 0 8,634 8,278 Ex t r a o r d i n a r y I t e m : BP O i l s e t t l e m e n t p r o c e e d s - - - - - - - - - 6,480 13 , 4 7 2 $ 6 , 5 4 8 $ 1 , 1 8 0 $ ( 1 , 5 3 9 ) $ ( 1 , 4 4 3 ) $ ( 3 , 2 9 1 ) $ 3 , 8 9 3 $ ( 4 6 5 ) $ 474$ 14,521$ De b t s e r v i c e a s a p e r c e n t a g e o f n o n c a p i t a l e x p e n d i t u r e s 8 . 5 % 6 . 9 % 6 . 8 % 7 . 4 % 9 . 6 % 8 . 2 % 1 . 3 % 1 . 3 % 1 . 3 % 1 . 1 % No t e : F i s c a l y e a r s p r i o r t o 2 0 1 5 a r e n o t r e s t a t e d f o r G A S B - 6 8 . a T h e i n c r e a s e i n f i s c a l 2 0 0 6 i n t e r e s t a n d i s s u a n c e c o s t s i s d u e t o $ 7 4 2 t h o u s a n d o f a r b i t r a g e r e b a t e o n t h e 2 0 0 1 I n f r a s t r u c t u r e S a l e s T a x r e v e n u e b o n d s . b T h e d e c r e a s e i n 2 0 1 3 i n v e s t m e n t e a r n i n g s w a s d u e t o a l o w i n t e r e s t r a t e e n v i r o n m e n t a l o n g w i t h a n u n r e a l i z e d l o s s i n m a r k e t v a lu e a t S e p t e m b e r 3 0 , 2 0 1 3 . Ot h e r F i n a n c i n g S o u r c e s ( U s e s ) Ne t C h a n g e i n F u n d B a l a n c e s Le s s : Go v e r n m e n t H o m e s t e a d T o t a l E s t i m a t e d A s s e s s e d an d A s s e s s m e n t L e s s : Ta x a b l e T o t a l A c t u a l V a l u e a s a Fi s c a l R e s i d e n t i a l C o m m e r c i a l I n d u s t r i a l I n s t i t u t i o n a l P e r s o n a l O t h e r C a p T a x E x e m p t A s s e s s e d D i r e c t T a x a b l e P e r c e n t a g e o f Ye a r Pr o p e r t y P r o p e r t y P r o p e r t y P r o p e r t y P r o p e r t y P r o p e r t y D i f f e r e n t i a l b Pr o p e r t y Val u e T a x R a t e cValueActual Value 20 0 6 8 , 3 2 5 , 1 3 4 1 , 9 0 2 , 6 2 7 1 5 3 , 0 3 5 1 , 3 2 9 , 2 1 9 6 0 5 , 1 0 2 7 0 , 6 6 5 1 , 6 9 0 , 2 0 8 2 , 0 4 5 , 3 4 3 8 , 6 5 0 , 2 3 1 5 . 7 5 3 0 1 0 , 1 7 6 , 7 4 2 85.0% 20 0 7 1 0 , 9 6 7 , 9 1 0 2 , 2 9 4 , 4 9 2 1 7 8 , 9 8 7 1 , 4 9 9 , 4 3 4 6 3 7 , 3 0 8 6 7 , 4 7 8 2 , 7 6 7 , 0 3 5 2 , 2 2 2 , 3 2 9 1 0 , 6 5 6 , 2 4 5 5 . 2 0 8 8 1 2 , 5 3 6 , 7 5 9 85.0% 20 0 8 1 1 , 3 5 9 , 7 5 2 2 , 3 8 5 , 9 4 3 1 8 7 , 5 5 7 1 , 5 0 0 , 6 3 3 6 4 0 , 3 8 7 7 2 , 9 1 3 2 , 6 9 1 , 2 9 8 2 , 3 0 7 , 1 3 2 1 1 , 1 4 8 , 7 5 5 4 . 6 7 7 7 1 3 , 1 1 6 , 1 8 2 85.0% 20 0 9 9 , 9 6 5 , 5 8 9 2 , 3 5 3 , 5 6 3 1 9 2 , 9 4 0 1 , 5 8 6 , 8 8 2 6 4 5 , 4 6 0 8 9 , 6 8 6 1 , 7 2 1 , 7 7 3 2 , 9 5 1 , 3 5 7 1 0 , 1 6 0 , 9 9 0 4 . 7 2 5 4 1 1 , 9 5 4 , 1 0 6 85.0% 20 1 0 8 , 1 6 3 , 8 9 7 2 , 3 4 6 , 4 6 2 1 8 5 , 3 5 3 1 , 1 5 6 , 8 1 1 6 5 7 , 9 3 3 9 5 , 2 5 9 9 0 7 , 0 8 7 2 , 8 7 8 , 1 3 6 8 , 8 2 0 , 4 9 2 5 . 1 5 5 0 1 0 , 3 7 7 , 0 4 9 85.0% 20 1 1 7 , 0 6 9 , 2 3 6 2 , 0 4 3 , 8 1 3 1 6 2 , 5 2 9 9 9 9 , 8 8 4 6 3 0 , 0 4 4 1 1 2 , 8 6 4 4 7 2 , 7 9 3 2 , 6 7 9 , 1 6 7 7 , 8 6 6 , 4 1 0 5 . 1 5 5 0 9 , 2 5 4 , 6 0 0 85.0% 20 1 2 6 , 7 3 2 , 5 8 5 2 , 0 0 1 , 9 4 5 1 4 9 , 1 6 6 9 7 3 , 9 1 7 6 0 9 , 7 0 4 9 4 , 7 5 0 3 9 1 , 6 7 0 2 , 5 7 3 , 4 4 8 7 , 5 9 6 , 9 4 9 5 . 1 5 5 0 8 , 9 3 7 , 5 8 7 85.0% 20 1 3 6 , 4 9 6 , 2 7 8 2 , 0 4 3 , 9 5 2 1 4 0 , 3 7 7 1 , 0 1 7 , 9 4 4 5 9 3 , 7 4 6 1 1 4 , 6 1 5 2 9 0 , 9 8 9 2 , 6 2 3 , 6 9 9 7 , 4 9 2 , 2 2 4 5 . 1 5 5 0 8 , 8 1 4 , 3 8 1 85.0% As s e s s e d V a l u e a Schedule 5 Ci t y o f C l e a r w a t e r , F l o r i d a As s e s s e d V a l u e a n d E s t i m a t e d A c t u a l V a l u e o f T a x a b l e P r o p e r t y La s t T e n F i s c a l Y e a r s (i n t h o u s a n d s o f d o l l a r s ) 152 20 1 4 6 , 8 6 3 , 8 7 4 2 , 0 7 7 , 0 7 8 1 4 9 , 2 9 8 1 , 0 5 7 , 9 1 5 6 0 1 , 7 4 3 1 1 3 , 5 5 2 4 8 5 , 2 9 5 2 , 6 4 0 , 3 3 9 7 , 7 3 7 , 8 2 6 5 . 1 5 5 0 9 , 1 0 3 , 3 2 5 85.0% 20 1 5 7 , 7 1 3 , 7 7 7 2 , 1 4 5 , 2 1 2 1 5 6 , 4 8 7 1 , 1 1 7 , 9 7 3 6 3 1 , 7 9 8 1 1 3 , 5 9 1 9 5 9 , 4 3 3 2 , 7 1 4 , 9 4 5 8 , 2 0 4 , 4 6 0 5 . 1 5 5 0 9 , 6 5 2 , 3 0 6 85.0% a P r o p e r t i e s a r e a s s e s s e d a t a p p r o x i m a t e l y 8 5 % o f m a r k e t v a l u e t o r e f l e c t c o s t o f s a l e s , p e r s o n a l p r o p e r t y i n c l u d e d i n m a r k e t v a lu e , e t c . b F l o r i d a S t a t u t e s , 1 9 3 . 1 5 5 , p r o v i d e s f o r a n a n n u a l c a p o n a s s e s s m e n t i n c r e a s e s f o r " H o m e s t e a d p r o p e r t i e s " ( p r o p e r t i e s q u a l i f y i n g f o r H o m e s t e a d e x e m p t i o n ) . T h e c a p i s t h e l o w e r o f 3 % o f t h e a s s e s s e d v a l u e o f t h e p r o p e r t y o r t h e p e r c e n t a g e c h a n g e i n t h e C o n s u m e r P r i c e I n d e x f o r A l l U r b a n C o n s u m e r s . c R a t e i s p e r $ 1 , 0 0 0 o f a s s e s s e d v a l u e Fiscal YearOperating GOB Debt Service Total Direct Pinellas County Pinellas County Schools Pinellas Transit District Emergency Medical Services Other Districts Downtown Development Board a 20065.7530 0.00005.75306.14108.39000.63770.66001.65551.0000 20075.2088 0.00005.20885.47008.21000.60740.63001.63781.0000 20084.6777 0.00004.67774.87307.73100.56010.58321.51210.9651 20094.7254 0.00004.72544.87308.06100.56010.58321.55510.9651 20105.1550 0.00005.15504.87308.34600.56010.58321.51060.9651 20115.1550 0.00005.15504.87308.34000.56010.58321.44100.9651 20125.1550 0.00005.15504.87308.38500.73050.85061.23900.9651 20135.1550 0.00005.15505.07278.30200.73050.91581.30340.9651 20145.1550 0.00005.15505.33778.06000.73050.91581.29590.9651 20155.1550 0.00005.15505.33777.84100.73050.91581.2799 b 0.9651 Source: Pinellas County Property Appraiser a A separate taxing district established by referendum which affects only downtown properties. b "Other" includes Pinellas County Planning Council 0.0160; Juvenile Welfare Board 0.8981; SW Florida Water Management District 0.3658. Schedule 6 City Direct RatesOverlapping Rates City of Clearwater, Florida Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (rate per $1,000 of assessed value) 153 Fiscal Year Taxes Levied for the Fiscal YearAmount Percentage of Levy Collections in Subsequent YearsAmount Percentage of Levy 200649,764,779$ 47,957,449$ 96.3761,257$ 48,018,706$ 96.49 200755,506,24853,668,684 96.69159,385 53,828,069 96.98 200852,150,53450,215,870 96.29243,975 50,459,845 96.76 200948,014,74046,405,161 96.65218,343 46,623,504 97.10 201045,469,63843,912,287 96.57160,937 44,073,224 96.93 201140,551,36339,163,100 96.5851,026 39,214,126 96.70 201239,162,29537,874,151 96.7152,648 37,926,799 96.85 201338,622,43837,298,959 96.5736,821 37,335,780 96.67 201439,888,51638,521,211 96.5731,727 38,552,938 96.65 201542,294,00940,832,366 96.54- 40,832,366 96.54 Note1:Discountsareallowedforearlypayment:4%forNovember,3%forDecember,2%forJanuary,and1%for February. No discount is allowed for payment in March. Penalties are assessed beginning in April. Note2:Priortofiscalyear2012,thePinellasCountyTaxCollectordidnotallocatedelinquenttaxescollectedbythe originaltaxyearlevied.Consequently,allcollectionsofdelinquenttaxeswereappliedtotheimmediatelyprecedingtax year.Beginningwithfiscalyear2012,theTaxCollectorhasallocateddelinquenttaxescollectedbytheoriginaltax year levied. Schedule 7 Collected within the Fiscal Year of the LevyTotal Collections to Date City of Clearwater, Florida Property Tax Levies and Collections Last Ten Fiscal Years 154 Taxpayer Taxable Assessed ValueRank Percentage of Total City Taxable Assessed Value Taxable Assessed ValueRank Percentage of Total City Taxable Assessed Value REAL PROPERTY BELLWETHER PROP FLA142,630,438$ 11.84%111,519,300$ 11.06% 301 SOUTH GULFVIEW LLC62,540,609 20.80% JOHN S TAYLOR PROPERTIES LLC48,253,90030.62%34,360,00040.33% STANDARD GRAND RESERVE LLC41,551,20040.53% SAND KEY ASSOC LTD PARTNERSHIP40,841,70050.53%35,000,00030.33% CENTRO NP CLEARWATER MALL LLC39,231,67560.50%43,895,80020.42% ZOM BAYSIDE ARBORS LTD38,847,41570.50%25,350,900100.24% SANDPEARL RESORT LLC38,161,38980.49% NWP CLEARWATER HOLDINGS LLC28,962,90090.37% WEINGARTEN NOSTAT INC27,535,000100.35%29,750,00060.28% GRAND VENEZIA BAYWATCH LP25,912,30080.25% CALIFORNIA STATE TEACHERS32,150,00050.31% ST JOE CO 27,850,00070.26% UNITED DOMINION RLTL TRUST25,450,00090.24% Total508,556,226$ 6.54%391,238,300$ 3.72% Source: Pinellas County Property Appraiser Schedule 8a City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago 20152006 155 Taxpayer Taxable Assessed ValueRank Percentage of Total City Taxable Assessed Value Taxable Assessed ValueRank Percentage of Total City Taxable Assessed Value PERSONAL PROPERTY DUKE ENERGY (1)77,434,728$ 117.91%62,479,630$ 112.66% VERIZON FLORIDA LLC (2)30,939,16627.15%50,406,660 210.21% BRIGHT HOUSE NETWORKS LLC (3)14,422,82933.34%14,603,830 32.96% INSTRUMENT TRANSFORMERS9,762,94842.26%3,902,27070.79% PUBLIX SUPER MARKET8,346,71151.93% FLORIDA GAS TRANSMISSION7,787,63261.80% MONIN INC6,560,22871.52% HYATT REGENCY CLEARWATER BEACH5,550,11381.28% WOW! INTERNET, CABLE & PHONE5,489,61691.27% MODEL SCREW PRODUCTS INC5,338,444101.23% BAUSCH & LOMB INC 10,368,83042.10% BURDINES INC 4,050,91050.82% GENERAL ELECTRIC CREDIT CO3,996,23060.81% SHERATON SAND KEY 3,586,31080.73% MARRIOTT SUITES CLEARWATER3,477,48090.70% TARGET #1820 3,242,640100.66% Total171,632,415$ 39.69%160,114,790$ 32.44% Notes: (1) Duke Energy was formerly Progress Energy and Florida Power prior to that (2) Verizon Florida, Inc. was formerly GTE (3) Bright House Networks was formerly Time Warner Entertainment Source: Pinellas County Property Appraiser Schedule 8b City of Clearwater, Florida Principal Personal Property Taxpayers Current Year and Nine Years Ago 20152006 156 Sp r i n g T r a i n i n g Pu b l i c S e r v i c e S a l e s T a x F a c i l i t y W a t e r / S e w e r G a s S t o r m w a t e r P u b l i c S e r v i c e T o t a l P e r c e n t a g e Fi s c a l T a x R e v e n u e R e v e n u e I n t e r g o v e r n m e n t a l C a p i t a l R e v e n u e R e v e n u e R e v e n u e T a x R e v e n u e C a p i t a l P r i m a r y o f P e r s o n a l P e r Ye a r Bo n d s Bo n d s Re v e n u e B o n d s Le a s e s Bo n d s Bo n d s Bo n d s Bo n d s Le a s e s Go v e r n m e n t In c o m e (a)Capita (a) 20 0 6 9 , 8 8 5 $ 2 4 , 9 5 5 $ 1 3 , 2 4 5 $ 1 1 , 0 4 7 $ 1 4 1 , 5 2 4 $ 2 6 , 9 3 0 $ 4 4 , 8 3 0 $ - $ 1 , 9 0 6 $ 2 7 4 , 3 2 2 $ 6 . 8 0 % 2 , 4 8 0 20 0 7 9 , 5 6 5 1 9 , 0 8 0 1 2 , 7 5 5 1 0 , 8 4 0 1 3 6 , 9 5 5 2 3 , 0 1 5 4 3 , 8 4 5 - 1 , 3 6 6 2 5 7 , 4 2 1 6 . 0 4 % 2 , 3 3 0 20 0 8 1 3 , 0 0 0 1 2 , 9 7 5 1 2 , 2 5 5 1 0 , 5 6 0 1 3 2 , 2 9 0 1 8 , 2 4 0 4 2 , 8 3 0 9 , 1 3 5 9 3 2 2 5 2 , 2 1 7 5 . 6 0 % 2 , 2 8 8 20 0 9 1 2 , 5 4 5 6 , 6 2 0 1 1 , 7 4 0 9 , 2 3 0 1 9 0 , 4 1 5 1 7 , 4 7 0 4 1 , 7 8 0 9 , 1 3 5 6 6 0 2 9 9 , 5 9 5 6 . 5 3 % 2 , 7 2 6 20 1 0 8 , 5 4 0 - 1 1 , 2 1 0 8 , 2 7 9 1 8 5 , 7 3 0 1 6 , 6 9 5 4 0 , 7 0 0 - 6 3 0 2 7 1 , 7 8 4 6 . 0 4 % 2 , 5 2 4 20 1 1 - - 1 0 , 6 6 0 8 , 7 2 2 1 7 9 , 2 7 5 1 5 , 9 0 0 3 9 , 5 8 0 - 8 0 8 2 5 4 , 9 4 5 5 . 9 6 % 2 , 3 6 5 20 1 2 - - 1 0 , 0 9 0 9 , 0 5 8 1 7 4 , 0 8 5 1 5 , 1 0 5 3 7 , 4 9 5 - 7 6 5 2 4 6 , 5 9 8 5 . 4 4 % 2 , 2 8 5 20 1 3 9 5 0 0 8 2 4 9 16 8 6 2 0 14 3 7 5 36 5 6 5 51 2 23 7 8 2 1 489%2181Schedule 9 Bu s i n e s s - T y p e A c t i v i t i e s Go v e r n m e n t a l A c t i v i t i e s Ci t y o f C l e a r w a t e r , F l o r i d a Ra t i o s o f O u t s t a n d i n g D e b t b y T y p e La s t T e n F i s c a l Y e a r s (a m o u n t s i n t h o u s a n d s , e x c e p t p e r c a p i t a ) 157 20 1 3 - - 9,50 0 8,24 9 16 8 ,62 0 14 ,37 5 36 ,56 5 - 51 2 23 7 ,82 1 4.89%2,181 20 1 4 8 , 8 9 0 9 , 2 6 0 1 6 2 , 9 4 0 1 3 , 5 3 0 3 5 , 3 6 5 - 2 9 6 2 3 0 , 2 8 1 4 . 7 7 % 2 , 1 0 6 20 1 5 - - 8 , 2 5 5 1 4 , 0 3 3 1 5 8 , 1 4 5 1 2 , 5 5 0 3 3 , 9 9 0 2 7 9 2 2 7 , 2 5 2 4 . 6 3 % 2 , 0 5 3 No t e : D e t a i l s r e g a r d i n g t h e C i t y ' s o u t s t a n d i n g d e b t c a n b e f o u n d i n t h e n o t e s t o t h e f i n a n c i a l s t a t e m e n t s . (a ) S e e S c h e d u l e 1 4 f o r p e r s o n a l i n c o m e a n d p o p u l a t i o n d a t a . T h e s e r a t i o s a r e c a l c u l a t e d u s i n g p e r s o n a l i n c o m e f r o m t w o f i s c a l y e a rs p r i o r , as n o t e d o n S c h e d u l e 1 4 . Percentage of GeneralPublic ServiceSales TaxActual Taxable FiscalObligationTax RevenueRevenueValue ofPer YearBondsBondsBondsTotalProperty (a)Capita (b) 2006-$ 9,885$ 24,955$ 34,840$ 0.34%315 2007- 9,565 19,080 28,645 0.23%259 2008- 13,000 12,975 25,975 0.20%236 2009- 12,545 6,620 19,165 0.16%174 2010- 8,540 - 8,540 0.16%79 2011- - - - - - 2012- - - - - - 2013- - - - - - 2014- - - - - - 2015- - - - - - (a) See Schedule 5 for property value data. (b) Population data can be found in Schedule 14. Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Schedule 10 General Bonded Debt Outstanding City of Clearwater, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years (amounts in thousands, except per capita) 158 Estimated EstimatedShare of DebtPercentageOverlapping Governmental Unit Outstanding Applicable a Debt Debt repaid with property taxes -$ n/a-$ Other debt Pinellas County Government Notes11,559 13.8%1,590 Pinellas County Government Capital Leases41 13.8%6 Pinellas County School District State Bonds b 14,884 13.8%2,047 Pinellas County School District Capital Leases972 13.8%134 Subtotal, overlapping debt 3,776 City direct debt 22,288 Total direct and overlapping debt 26,064$ Sources: Assessed value data used to estimate applicable percentages provided by Pinellas County Property Appraiser Debt outstanding data is provided by each respective governmental unit. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Clearwater. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. a The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental unit's taxable assessed value that is within the City's boundaries and dividing it by each unit's total taxable assessed value. b The School District State Bonds are secured by a pledge of the District's portion of the State-assessed motor vehicle license tax. The State's full faith and credit is also pledged for the bonds. (amounts in thousands) Schedule 11 City of Clearwater, Florida Direct and Overlapping Governmental Activities Debt As of September 30, 2015 159 Total Net Debt Applicable Total Net Debtto Limit FiscalDebtApplicableLegalas Percentage YearLimitto LimitDebt Marginof Debt Limit 20061,631,179$ 247,706$ 1,383,473$ 15.19 20072,028,832 230,639 1,798,193 11.37 20082,128,847 224,224 1,904,623 10.53 20091,942,045 271,594 1,670,451 13.98 20101,672,462 248,800 1,423,662 14.88 20111,982,900 232,771 1,750,129 11.74 20121,911,916 224,409 1,687,507 11.74 20131,904,237 215,753 1,688,484 11.33 20141,955,083 208,318 1,746,765 10.66 20152,057,302 204,926 1,852,376 9.96 Legal Debt Margin Calculation for Fiscal Year 2015: Assessed valuation of non-exempt real estate10,286,509$ Debt Limit (20% of assessed valuation per City Charter)2,057,302 Debt applicable to limit: Revenue bonds212,940$ Capital leases14,312 Less: Amount set aside for repayment of bonded debt(22,326) 204,926 Legal debt margin 1,852,376$ Note: Per City Charter, the City's indebtedness, to include revenue, refunding, and improvement bonds shall not exceed 20 percent of the current assessed valuation of all real property located in the City. (amounts in thousands) Schedule 12 City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years 160 Less:Net FiscalGrossOperatingAvailable Year Revenues Expenses Revenues Principal Interest Coverage 200610,704$ -$ 10,704$ 5,660$ 1,896$ (a)1.42 20079,931 - 9,931 5,875 889 1.47 20089,863 - 9,863 6,105 641 1.46 20098,574 - 8,574 6,355 397 1.27 20107,987 - 7,987 6,620 132 1.18 2011- - - - - - 2012- - - - - - 2013- - - - - - 2014- - - - - - 2015- - - - - - 20061,107$ -$ 1,107$ 475$ 603$ 1.03 20071,112 - 1,112 490 591 1.03 20081,107 - 1,107 500 577 1.03 20091,104 - 1,104 515 561 1.03 20101,105 - 1,105 530 544 1.03 20111,099 - 1,099 550 526 1.02 20121,098 - 1,098 570 507 1.02 20131,084 - 1,084 590 485 1.01 20141,097 - 1,097 610 463 1.02 20151,100 - 1,100 635 439 1.02 Public Service Tax/Improvement Revenue Bonds (c) 200618,118$ -$ 18,118$ 385$ 473$ 21.12 200718,194 - 18,194 320 464 23.21 200818,280 - 18,280 330 450 23.44 200918,987 - 18,987 340 438 24.40 201019,680 - 19,680 355 425 25.23 201119,081 - 19,081 8,540 (d)291 2.16 2012- - - - - - 2013- - - - - - 2014- - - - - - 2015- - - - - - (a) Pledged revenues for the Infrastructure Sales Tax Revenue Bonds include the City's share of revenues derived by Pinellas County, Florida, from the levy and collection of a one-cent discretionary infrastructure sales surtax pursuant to Section 212.055(2), Florida Statutes, as amended. Interest for 2006 includes arbitrage rebate of $742,000. (b) Pledged revenues for the Spring Training Facility Revenue Bonds include payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, pursuant to an inter-local agreement dated December 1, 2000, along with related interest earnings. (c) Pledged revenues for the Improvement Revenue Refunding Bonds, issued October 2001, were public service taxes. Effective October 1, 2001, the Florida Legislature repealed the public tax on communications and created a replacement communications services tax. Consequently the pledged revenues effective October 1, 2001, include both public service taxes and the new communications services taxes. (d) Principal payment in 2011 includes an additional principal payment in the amount of $8,170,000 on February 1, 2011 to redeem all outstanding principal as of that date. Debt Service Infrastructure Sales Tax Bonds (a) Spring Training Facility Bonds (b) Schedule 13 City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 1 of 2 161 Less:Net FiscalGrossOperatingAvailableMaximum Year Revenues Expenses Revenues Principal Interest Coverage Coverage (a) Water & Sewer Utility Revenue Bonds 200651,197$ 36,546$ 14,651$ 7,020$ 2,711$ 1.51 200752,815 37,109 15,706 7,115 3,588 1.47 200854,014 38,325 15,689 7,080 3,817 1.44 200956,952 36,305 20,647 7,195 3,773 1.88 201058,220 37,358 20,862 4,685 9,310 1.49 201161,473 40,304 21,169 4,935 9,627 1.45 201263,743 38,479 25,264 5,190 8,008 1.91 201364,665 37,001 27,664 5,465 8,333 2.00 201468,601 44,732 23,869 5,680 8,099 1.73 201572,303 47,680 24,623 5,885 7,675 1.82 Gas Utility Revenue Bonds 200643,772$ 34,154$ 9,618$ 825$ 1,195$ 4.764.47 200739,756 30,483 9,273 855 1,162 4.604.31 200841,582 33,562 8,020 765 741 5.333.73 200939,992 26,813 13,179 770 730 8.796.13 201040,515 28,517 11,998 775 704 8.115.75 201137,021 25,934 11,087 795 678 7.535.16 201236,916 24,919 11,997 795 649 8.315.58 201337,922 27,159 10,763 825 502 8.115.01 201441,963 29,173 12,790 925 384 9.776.11 201541,961 30,407 11,554 980 358 8.645.52 Stormwater Utility Revenue Bonds 200611,589$ 6,020$ 5,569$ 925$ 1,906$ 1.97 200712,458 6,161 6,297 985 1,874 2.20 200813,270 7,038 6,232 1,015 1,845 2.18 200914,231 7,684 6,547 1,050 1,814 2.29 201015,283 6,766 8,517 1,080 1,782 2.98 201115,656 7,917 7,739 1,120 1,741 2.70 201216,355 8,480 7,875 1,155 1,712 2.75 201316,230 8,217 8,013 1,100 1,421 3.18 201417,256 12,553 4,703 1,300 1,186 1.89 201518,123 11,529 6,594 1,375 1,084 2.68 (a) Maximum debt service coverage is presented for continuing disclosure on the Gas System Debt Service Revenue Bonds and is based upon the maximum annual debt service for outstanding bonds and parity bonds. Schedule 13 (continued) City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (a) (amounts in thousands) Page 2 of 2 162 YearPopulation (a) Personal Income (thousands of dollars) Per Capita Personal Income (b) Median Age (c ) School Enrollment (d) Annual Average Unemployment Rate (e) 2006110,6024,033,655$ 36,470$ 44.215,6962.9 2007110,4694,258,911 38,55344.515,5003.8 2008110,2514,502,761 40,84144.515,4825.5 2009109,9074,590,925 41,77145.014,97510.1 2010107,6854,500,372 41,79245.314,70412.4 2011107,8054,280,721 39,70846.314,37510.9 2012107,9064,534,965 42,02746.514,2108.7 2013109,0654,858,737 44,54946.814,0106.7 2014109,3404,822,769 44,10847.014,1606.2 2015110,6794,909,942 44,36247.514,1325.0 (a) (b) (c ) (d) (e) Note: DataisforPinellasCountyforprioryear.SourceistheUniversityofFlorida,BureauofEconomicand Business Research. Source of data is the Pinellas County School District. Sourceforfiscalyears2005to2009istheUniversityofFlorida,BureauofEconomicandBusiness Research,FloridaStatisticalAbstract,AnnualAveragesoftheindicatedfiscalyear.Sourceforfiscal2010 to 2015 is the US Dept of Labor, Bureau of Labor Statistics, Tampa Metro Area as of September 30. Dataisthelatestpublishedannualdataavailableforanunspecifiedpointineachyear,notspecifically September 30. Schedule 14 City of Clearwater, Florida Demographic and Economic Statistics Last Ten Fiscal Years SourceistheUniversityofFlorida,BureauofEconomicandBusinessResearch:April1,2015estimate for current year and Florida Statistical Abstract for prior years. Dataisfrom percapitapersonalincome forPinellasCountyfortwoyearsprior.SourceistheUniversity of Florida, Bureau of Economic and Business Research. 163 EmployerEmployeesRank Percentage of Total County Employment EmployeesRank Percentage of Total County Employment Pinellas County School District15,836 13.88%17,658 13.67% Bay Pines VA Medical Center4,459 21.09%2,759 70.57% All Children's Hospital3,200 30.78%2,319 100.48% City of St. Petersburg3,165 40.78%3,420 40.71% Pinellas County Sheriff2,732 50.67% Raymond James2,650 60.65%2,850 60.59% Morton Plant Hospital2,550 70.62%2,439 80.51% St. Petersburg College2,413 80.59% Home Shopping Network2,150 90.53%2,439 90.51% Mease Hospital2,100 100.51% Pinellas County Board of County Commissioners7,378 21.54% Nielson Media Research3,510 30.73% Times Publishing 3,187 50.66% Total Employment b 408,252480,647 a Data is for Pinellas County. City data is not available. b Source: Florida Research and Economic Database and Pinellas County Department of Economic Development. 2015 b 2006 Schedule 15 City of Clearwater, Florida Principal Employersa Current Year and Nine Years Ago 164 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Function/Program General government307.5 322.0 327.3 321.6 346.6 326.6 316.5 317.0312.1 312.0 Public safety: Fire215.0 221.0 212.0 212.0 211.0 205.0 201.0 201.0201.0 201.0 Police407.9 407.9 393.9 389.9 370.9 344.0 342.5 343.5345.5 345.0 Physical environment38.7 38.7 34.0 33.5 28.5 27.5 17.5 17.017.0 17.0 Transportation74.3 74.3 69.0 67.5 57.5 53.5 52.5 38.038.0 38.0 Economic environment69.5 66.5 64.5 62.5 11.0 11.0 8.0 9.010.0 10.0 Human services3.0 3.0 3.0 2.0 - - - - - - Culture and recreation: Library94.9 93.9 88.4 78.3 73.2 73.2 73.6 73.673.6 74.4 Parks & Rec239.8 240.8 221.8 203.7 191.1 184.1 184.7 197.2199.2 200.9 Water & Sewer Utility 175.0 175.0 168.0 169.0 164.0 166.0 167.0 167.0176.0 184.0 Gas Utility 90.0 90.0 90.0 84.0 77.0 77.0 79.0 83.083.0 87.0 Solid Waste Utility 112.0 112.0 112.0 112.0 112.0 112.0 112.2 112.2111.5 111.5 Stormwater Utility46.0 46.0 46.0 47.0 46.0 47.0 48.0 50.049.0 49.0 Recycling22.5 22.5 22.5 22.3 22.3 22.3 22.3 22.322.0 22.0 Marine32.6 18.1 18.6 18.8 17.1 16.1 17.1 17.117.1 17.1 Clearwater Harbor Marina5.6 5.6 5.6 5.65.6 5.6 Aviation1.9 1.9 1.9 1.7 1.4 1.4 1.4 1.41.4 1.4 Parking System20.8 20.7 20.7 20.7 31.6 31.6 30.8 30.633.7 33.7 Total1,951.4 1,954.3 1,893.6 1,846.51,766.81,703.91,679.7 1,685.5 1,695.7 1,709.6 Source: City of Clearwater Office of Management and Budget Schedule 16 City of Clearwater, Florida Full-time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years 165 Fi s c a l Y e a r E n d e d S e p t 3 0 : 20 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 Fu n c t i o n / P r o g r a m Ge n e r a l g o v e r n m e n t Pl a n n i n g Co m m e r c i a l b u i l d i n g p e r m i t s i s s u e d 1 , 8 5 8 2 , 0 0 9 1 , 6 3 9 1 , 3 4 9 1 , 3 6 5 1 , 4 0 0 1 , 8 0 3 2 , 0 6 5 1,988 1,854 Re s i d e n t i a l b u i l d i n g p e r m i t s i s s u e d 6 , 7 5 9 5 , 3 3 0 4 , 7 7 3 4 , 2 7 3 4 , 7 9 4 5 , 1 0 2 4 , 9 4 1 4 , 9 8 5 5,756 6,546 Pu b l i c s a f e t y Po l i c e Av e r a g e o f f i c e r t r a i n i n g h o u r s 5 5 1 0 5 7 8 8 3 5 1 7 5 8 3 8 3 8 5 1 2 0 To t a l v o l u n t e e r t r a i n i n g h o u r s 9 3 2 1 , 0 2 3 1 , 0 0 1 7 3 5 3 9 3 5 5 3 8 5 4 1 2 2 8 6 2 4 6 Fi r e Pe r c e n t a g e o f f i r e r e s p o n s e s u n d e r 7 . 5 m i n u t e s 9 0 % 9 1 % 9 2 % 9 6 % 9 0 % 9 2 % 9 5 % 9 1 % 9 3 % 9 3 % Ph y s i c a l e n v i r o n m e n t Sq u a r e f e e t o f s i d e w a l k s r e p a i r e d / c o n s t r u c t e d 4 8 , 4 5 8 8 8 , 0 2 8 6 4 , 2 0 1 4 7 , 0 7 6 5 3 , 1 5 7 4 5 , 1 6 9 4 5 , 4 1 6 2 8 , 0 3 6 23,651 35,611 Tr a n s p o r t a t i o n Mi l e s o f r o a d w a y r e s u r f a c e d 1 0 1 4 1 0 1 0 5 8 8 0 8 1 5 Ec o n o m i c e n v i r o n m e n t Co d e e n f o r c e m e n t c a s e s b r o u g h t t o c o m p l i a n c e 9 , 7 6 2 8 , 7 9 4 9 , 3 0 0 8 , 5 5 3 6 , 0 2 9 4 , 3 4 6 4 , 6 6 4 4 , 9 0 5 4,431 4,458 Hu m a n s e r v i c e s Ci t y e m p l o y e e s t h a t m e n t o r i n a r e a s c h o o l s 3 8 3 4 2 4 2 0 2 2 1 8 2 0 2 5 65 Cu l t u r e a n d r e c r e a t i o n Li b r a r y s y s t e m Li b r a r y v i s i t s 90 2 ,13 5 9 7 9 ,54 4 9 7 6 ,98 7 8 6 4 ,35 0 8 6 0 ,04 4 8 3 3 ,03 6 8 2 0 ,00 0 8 3 6 ,919 600,148 636,006 Sc h e d u l e 1 7 Ci t y o f C l e a r w a t e r , F l o r i d a Op e r a t i n g I n d i c a t o r s b y F u n c t i o n / P r o g r a m La s t T e n F i s c a l Y e a r s 166 Li b r a r y vi s i t s 90 2 , 1 3 5 97 9 , 5 4 4 97 6 , 9 8 7 86 4 , 3 5 0 86 0 , 0 4 4 83 3 , 0 3 6 82 0 , 0 0 0 836,919 600,148 636,006 Ci r c u l a t i o n 1 , 1 9 3 , 6 3 7 1 , 1 2 1 , 4 8 0 1 , 1 8 1 , 1 8 4 1 , 1 6 1 , 0 5 9 1 , 1 4 7 , 4 2 8 1 , 0 8 7 , 9 7 6 1 , 0 5 8 , 0 3 8 1 , 0 9 9 , 9 8 8 1,019,984 987,430 Pa r k s a n d r e c r e a t i o n Re c r e a t i o n c e n t e r v i s i t a t i o n s 6 2 3 , 5 0 0 9 6 7 , 8 1 7 1 , 0 5 0 , 7 8 2 8 6 8 , 4 4 5 7 2 4 , 7 6 9 7 5 9 , 8 0 7 7 3 8 , 5 7 7 7 1 9 , 3 9 3 517,378 696,094 At h l e t i c p r o g r a m v i s i t a t i o n s 5 1 5 , 1 0 0 4 1 4 , 8 0 5 6 4 3 , 9 9 5 5 4 6 , 4 4 6 5 4 7 , 4 9 2 5 1 5 , 6 6 5 5 4 1 , 4 3 3 1 , 1 0 8 , 6 4 4 989,570 1,066,767 Wa t e r a n d S e w e r U t i l i t y Wa t e r c u s t o m e r s 4 0 , 4 6 7 4 0 , 4 0 7 4 0 , 1 3 1 3 9 , 9 3 5 3 9 , 9 7 1 4 1 , 3 9 1 4 1 , 9 8 8 4 3 , 5 0 0 43,704 46,424 Vo l u m e o f w a t e r p u m p e d ( m i l l i o n g a l l o n s / d a y ) 1 4 . 0 9 1 2 . 6 6 1 1 . 9 2 1 1 . 5 2 1 0 . 7 6 1 1 . 3 2 1 0 . 9 2 1 0 . 6 2 12.05 10.64 Se w e r c u s t o m e r s 3 3 , 2 7 9 3 3 , 2 5 5 3 3 , 1 4 6 3 3 , 0 8 4 3 3 , 0 4 1 3 3 , 0 6 3 3 3 , 0 9 3 3 3 , 4 0 5 33,564 33,390 Mi l e s o f s e w e r s c l e a n e d 1 6 6 1 6 8 9 1 7 6 2 0 8 2 1 5 2 3 0 2 2 9 197 172 Ga s U t i l i t y Nu m b e r o f c u s t o m e r s 1 9 , 0 3 5 1 9 , 4 7 0 1 9 , 5 2 7 1 9 , 5 2 7 1 9 , 5 8 1 1 9 , 8 0 7 2 0 , 0 2 9 2 0 , 3 1 3 2 0 , 7 1 9 21,049 So l i d W a s t e U t i l i t y So l i d w a s t e t o n n a g e c o l l e c t e d a n d d i s p o s e d 1 3 2 , 7 4 1 1 3 0 , 3 0 8 1 2 3 , 0 1 8 1 1 2 , 8 5 1 1 1 0 , 9 0 5 1 1 2 , 9 3 6 1 1 4 , 3 1 7 1 1 6 , 8 3 0 1 1 3 , 2 1 8 117,214 St o r m w a t e r U t i l i t y Nu m b e r o f e q u i v a l e n t r e s i d e n t i a l u n i t s 9 7 , 2 9 7 9 8 , 5 1 3 9 7 , 9 8 6 9 8 , 4 3 6 9 9 , 5 3 6 1 0 0 , 1 2 5 1 0 0 , 4 6 1 9 8 , 1 9 5 100,629 101,663 Re c y c l i n g U t i l i t y Ma r k e t a b l e t o n s r e c y c l e d 1 4 , 4 3 3 1 4 , 4 9 2 1 4 , 0 0 6 1 2 , 1 1 4 9 , 5 6 4 9 , 2 5 0 8 , 6 0 5 8 , 1 4 3 1 1 , 7 1 6 12,079 * N o t e : N o o p e r a t i n g i n d i c a t o r s a r e a v a i l a b l e f o r m a r i n e , a v i a t i o n , p a r k i n g a n d C l e a r w a t e r H a r b o r M a r i n a f u n c t i o n s . 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Function/Program Public safety Fire Stations8 8 8 8 8 8 8 888 Police Stations10 10 9 6 5 6 6 667 Transportation Paved streets (miles)305 305 305 313 314 315 316 316320321 Culture and recreation Library system Volumes in collection (thousands)565 590 601 606 606 601 598 581582564 Parks and recreation Parks acreage1,400 1,400 1,400 1,400 1,427 1,427 1,427 1,427 1,453 1,455 Recreational paths (miles)14 16 16 16 16 16 16 161822 Playgrounds33 33 29 29 29 27 27 272727 Baseball and softball fields35 35 32 32 32 32 32 343232 Soccer and football fields25 25 20 20 20 20 20 182020 Recreation centers7 7 7 7 6 5 5 555 Water & Sewer Utility Water mains (miles)568 571 575 593 592 592 591 590597589 Sanitary sewer mains (miles) 365 368 362 362 363 363 363 363364364 Daily treatment capacity (millions of gallons)29 29 29 29 29 29 29 292929 Gas Utility Gas mains (miles)786 816 814 821 826 830 843 849862884 Stormwater Utility Stormwater mains (miles)148 156 146 148 148 148 150 150151153 Marine Boat slips209 209 209 207 207 207 203 189189189 Clearwater Harbor Marina Boat slips- - - - 126 126 126 126126126 Aviation Airpark spaces177 177 177 177 177 177 177 177177177 Parking system Parking spaces3,636 3,322 3,382 3,497 3,297 2,475 a 2,460 2,319 2,232 2,312 a The decrease in parking spaces for fiscal 2011 was loss of Sand Key and a management decision to not charge for certain lots. Sources: Various city departments Note: No capital asset indicators are available for the general government, physical environment, economic environment, human services, solid waste and recycling functions. Schedule 18 City of Clearwater, Florida Capital Asset Statistics by Function/Program Last Ten Fiscal Years 167 168 This Page Intentionally Left Blank 169 Single Audit / Grants Compliance ReportofIndependentAuditoronInternalControloverFinancial ReportingandonComplianceandOtherMattersBasedonanAuditof FinancialStatementsPerformedinAccordancewithGovernment AuditingStandards To the Honorable Mayor and City Councilmembers City of Clearwater, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”) as of and for the year ended September 30, 2015, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated March 28, 2016. That report recognizes that the City implemented new accounting standards effective October 1, 2014. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2015, as listed in the table of contents. That report recognizes that the City implemented new accounting standards effective October 1, 2014. InternalControloverFinancialReporting In planning and performing our audits of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as described in the accompanying schedule of findings and questioned costs, we identified a certain deficiency in internal control that we consider to be a material weakness. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. We consider the deficiency, 2015- 001 described in the accompanying schedule of findings and questioned costs to be a material weakness. 171 ComplianceandOtherMatters As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. CityofClearwater,Florida’sResponsetoFinding The City’s response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. PurposeofthisReport The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Tampa, Florida March 28, 2016 172 ReportofIndependentAuditoronComplianceforEachMajorFederal ProgramandStateFinancialAssistanceProject,andonInternal ControloverComplianceRequiredbyOMBCircularAͲ133andChapter 10.550,RulesoftheAuditorGeneral To the Honorable Mayor and City Councilmembers City of Clearwater, Florida ReportonComplianceforEachMajorFederalProgramandStateFinancialAssistanceProject We have audited the City of Clearwater, Florida’s (the “City”) compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133,Compliance Supplement and the requirements described in the Florida Department of Financial Services, State Projects Compliance Supplement that could have a direct and material effect on its major federal programs and state financial assistance projects for the year ended September 30, 2015. The City's major federal programs and state financial assistance projects are identified in the summary of the auditors' results section of the accompanying schedule of findings and questioned costs. Management’sResponsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs and state assistance projects. Auditor’sResponsibility Our responsibility is to express an opinion on compliance for each of the City’s major federal programs and state financial assistance projects based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States,Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133, and Chapter 10.550, Rules of the AuditorGeneral, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program and state financial assistance project. However, our audit does not provide a legal determination on the City's compliance. OpiniononEachMajorFederalProgramandStateFinancialAssistanceProject In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on its major federal programs and state financial assistance projects for the year ended September 30, 2015. 173 ReportonInternalControloverCompliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City's internal control over compliance with requirements that could have a direct and material effect on each major federal program and state financial assistance project to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and state financial assistance project and to test and report on internal controls over compliance in accordance with OMB Circular A-133 and Chapter 10.550, but not for the purpose of expressing our opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program or state financial assistance project on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program or state financial assistance project will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program or state financial assistance project that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of OMB Circular A- 133 and Chapter 10.550. Accordingly, this report is not suitable for any other purpose. Tampa, Florida March 28, 2016 174 FY 2015 Federal Grantor / Federal Pass-through Grantor / CFDAProgram/Share of Program TitleNumberGrant I.D. NumberProject #Expenditures FEDERAL AWARDS U.S. Department of Housing and Urban Development: Community Development Block Grant -Entitlement14.218B-13-MC-12-0002 613,348$ 14.218B-14-MC-12-0002- Community Development Block Grant -Entitlement/NSP314.218B-11-MN-12-0031- 14.218Program Income46,145 14.218659,493 Home Investment Partnerships Program14.239M-11-MC-12-023010,106 14.239M-12-MC-12-023070,640 14.239M-13-MC-12-0230290,091 14.239Program Income677,603 14.2391,048,441 Total U.S. Department of Housing and Urban Development 1,707,934 U.S. Department of the Interior: Fish and Wildlife Service Passed through Florida Dept of Environmental Protection Clean Vessel Act Program Pumpout Pump & Maintenance15.616 DEP Agreement MV149 CVA14-720 432-013715,090 City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2015 National Park Service Passed through Florida Dept of Environmental Protection Outdoor Recreation_Acquisition, Development and Planning Moccasin Lake Nature Park Project15.916 DEP LW625 12-00625 315-936480 Total U.S. Department of the Interior 5,090 U.S. Department of Justice: Federal Forfeiture Sharing16.000FL0520300181-99387 136,940 National Institute of Justice Clearwater Cold Case Team Project 201416.562014-DN-BX-K086181-99209 11,053 Edward Byrne Memorial Justice Assistance Grant Program16.7382014-DJ-BX-0111181-99206 58,177 Edward Byrne Memorial Justice Assistance Grant Program16.7382014-DJ-BX-0136181-99213 49,118 Total U.S. Department of Justice 255,288 U.S. Department of Transportation: Federal Highway Administration Passed through Florida Dept of Transportation: Highway Planning and Construction Federal-Aid Highway Program - HVE for Pedestrian & Bicycle Safety20.205TWO #945-001 Contract #BDV25181-9920891,548 Total U.S. Department of Transportation 91,548 175 FY 2015 Federal Grantor / Federal Pass-through Grantor / CFDAProgram/Share of Program TitleNumberGrant I.D. NumberProject #Expenditures City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2015 U.S. Dept of Health & Human Services Centers for Disease and Control Passed through Pinellas County Health Department Partnerships to Improve Community Health93.331181-99869 10,642 Total U.S. Dept of Health & Human Services 10,642 Corporation For National and Community Services: Passed through FL Commission on Community Services Americorps - 201494.006181-9924444,344 Passed through FL Commission on Community Services Americorps - 201594.006181-9921288,736 Total Corporation for National and Community Services94.006133,080 Total Federal Financial Assistance 2,203,582$ See Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects 176 FY 2015 State Grantor / State Pass-through Grantor / CSFAProgram/Share of Program TitleNumberGrant I.D. NumberProject #Expenditures (a) STATE FINANCIAL ASSISTANCE Florida Department of Environmental Protection: Statewide Surface Water Restoration and Wastewater Projects Clearwater Sanitary Sewer Expansion Program37.039DEP Agreement LP52090315-96630250,000 Total Florida Department of State 250,000 Florida Department of Community Affairs: Florida Housing Finance Corporation State Housing Initiative Partnership Program (SHIP)52.901N/AFund 191569,100 Total Florida Department of Community Affairs 569,100 Florida Department of Transportation: Aviation Development Grants - Airpark Runway/Taxiway Extension and Rehabilitation55.004FPN:422554-1-94-01; Contract AQJ28315-9487196,189 Maintenance Hangar Rehabilitation55.004FPN:425922-1-94-01; Contract ARB47315-9488191,367 Rehabilitation of Hanger D55.004FPN:425922-1-94-01; Contract ARB48315-94882433,486 55.004 621,042 Total Florida Department of Transportation 621,042 Florida Department of Revenue: Facilities for Retained Spring Training Franchise Phillies Stadium73.016213-334730500,004 City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2015 177 Total Florida Department of Revenue 500,004 Total State Financial Assistance 1,940,146$ Total Expenditures of Federal Awards and State Financial Assistance Projects 4,143,728$ (a) Funded with State grants and aids appropriations. See Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects 177 178 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2015 NOTE 1 – Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects presents the activity of all federal financial and state grant activity projects of the City of Clearwater, Florida (the “City”). Federal and state financial assistance received directly from federal and state agencies, and federal financial assistance passed through other governmental agencies are included on the schedules. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General. NOTE 2 – Basis of Accounting The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects is presented using the accrual basis of accounting, depending on the type of fund in which the grant is recorded, as described in Note 1.C. to the City’s basic financial statements. NOTE 3 – CFDA/CSFA Numbers CFDA numbers represent Catalog of Federal Domestic Assistance and apply only to federal awards. CSFA numbers represent Catalog of State Financial Assistance and apply only to state financial assistance. NOTE 4 – Subrecipients Of the federal and state expenditures presented in the Schedule, the City provided federal and state awards to subrecipients as follows: Federal CFDA/ Amount Provided Program Title State CFSA To Subrecipients U.S. HUD Community Development Block Grant 14.218 $ 359,090 U.S. HUD Home Investment Partnerships Program 14.239 $ 739,309 Florida Housing Finance Corporation, State Housing Initiative Partnership Program 52.901 $ 166,250 NOTE 5 – Loans Outstanding The City had the following loan balances outstanding, net of $13,206,322 allowance for uncollectable accounts, at September 30, 2015. The current year additions related to the loans are included in the Schedule of Federal Awards and State Financial Assistance. 14.218 Community Development Block Grant $ 870,255 14.239 Home Investment Partnership 2,227,451 52.901 State Housing Initiative Partnership 1,696,291 $ 4,793,997 CITYOFCLEARWATER,FLORIDA SCHEDULEOFFINDINGSANDQUESTIONEDCOSTS YEARENDEDSEPTEMBER30,2015 PartI—Summaryofauditor’sresults FinancialStatementSection Type of auditors' report issued: Internal control over financial reporting: Material weakness(es) identified?xyes no Significant deficiency(ies) identified not considered to be material weakness(es)?yesxnone reported Noncompliance material to financial statements noted yesxno FederalAwardsProgramsandStateProjectsSection Internal control over major programs: Material weakness(es) identified?yesxno Significant deficiency(ies) identified not considered to be material weakness(es)?yesxnone reported Noncompliance material to federal awards noted? yesxno Type of auditors' report on compliance for major federal programs: Any audit findings disclosed that are required to be reported in accordance with section 510(a) of OMB Circular A-133 and Chapter 10.550 yesxno Identification of major federal programs and state projects: Federal programs: CFDA Numbers 14.239 State projects. CSFA Numbers 37.039 Wastewater Projects 52.901 73.016 Professional Sports, or Retained Spring Training Franchise Facilities for New Professional Sports, Retainined Unmodified Unmodified Name of Program or Cluster Name of Project Home Investment Partnerships Program Statewide Surface Water Restoration and State Housing Initiatives Partnership Program 179 CITYOFCLEARWATER,FLORIDA SCHEDULEOFFINDINGSANDQUESTIONEDCOSTS(CONTINUED) YEARENDEDSEPTEMBER30,2015 PartI—Summaryofauditor’sresults(continued) Dollar threshold used to determine Type A programs: Federal programs State projects Auditee qualified as low-risk auditee for federal purposes?xyesno $ 300,000 $ 300,000 PartII—Scheduleoffinancialstatementfindings This section identifies the significant deficiencies, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported in accordance with Government Auditing Standards. Finding 2015-001: Material Weakness in Internal Controls over Financial Close and Reporting Process Criteria: City of Clearwater, Florida (the “City”) is responsible for establishing and maintaining internal controls over their financial close reporting process. Condition: An investment asset account within the Firefighters Supplemental Defined Contribution Pension Trust Fund (“Pension Trust Fund”) was recorded twice, resulting in an overstatement of the Pension Trust Fund balance for the year ending September 30, 2014. Effect: The effect of the error in the Pension Trust Fund was a $1,231,279 overstatement of total investments, net appreciation in the fair value of investments, net increase in fiduciary net position, and fiduciary net position for the year ending September 30, 2014. Cause: Those in the City who are responsible for the creation of the comprehensive annual financial report (the “CAFR”) maintained spreadsheets for the Pension Trust Fund that consolidated the annual statements from the plan’s custodian, Salem Trust and a mutual fund not included in the custodian’s report, BNY Mellon’s TBC International Fund. During the year ending September 30, 2014, Salem Trust incorporated this mutual fund into their custodial report. City staff was not aware of this change in reporting (it was not reflected in the minutes of the quarterly Board meetings) and did not identify the addition of this mutual fund in the Salem Trust statement. BNY Mellon continued to provide separate statements. As a result, the City incorrectly recorded the asset twice as a result of lack of communication with the Fire Pension Board. Recommendation: We recommend that the Board of the Firefighters Supplemental Pension Fund provide the Pension Trust Fund’s annual report to those in the City who are responsible for the preparation of the CAFR in a manner timely enough to allow for comparison between the two reports. We further recommend that the City obtain underlying investment statements during the financial close and reporting process to ensure that all investments are properly recorded. Management’s Response: Management will ensure that the Pension Trust Fund’s annual report is received in advance of the completion of the CAFR so that the two reports can be compared and any differences reconciled prior to the filing of either report. 180 CITYOFCLEARWATER,FLORIDA SCHEDULEOFFINDINGSANDQUESTIONEDCOSTS(CONTINUED) YEARENDEDSEPTEMBER30,2015 PartIII—FindingsandquestionedcostsͲmajorfederalawardprograms This section identifies the significant deficiencies, material weaknesses, and instances of noncompliance, including questioned costs, related to the audit of major federal programs, as required to be reported by OMB Circular A-133. There were no findings required to be reported in accordance with OMB Circular A-133. PartIV—Findingsandquestionedcosts–majorstatefinancialassistanceprojects This section identifies the significant deficiencies, material weaknesses, and instances of noncompliance, including questioned costs, related to the audit of major state projects, as required to be reported by Chapter 10.550. There were no findings required to be reported in accordance with Chapter 10.550. 181 CITYOFCLEARWATER,FLORIDA SUMMARYSCHEDULEOFPRIORYEARAUDITFINDINGS YEARENDEDSEPTEMBER30,2015 Finding 2014-01 - Grant Reconciliation of the Schedule of Federal Expenditures and State Financial Assistance (SEFA) to General Ledger Finding: During fiscal year 2014, the City did not maintain adequate controls over the preparation of the SEFA. Certain grant programs were not fully reconciled with the general ledger balances. There were several federal and state grant expenditures that were not properly included on the SEFA and one federal grant that incorrectly included a match. Finally, they noted several grants where the expenditures were not recorded in the proper period. Status/Corrective Action: The City enhanced its internal controls over the preparation of the SEFA by putting a system in place that included reconciliation from the SEFA to the expenditures captured at the department level on a timely basis. 182 IndependentAuditor’sManagementLetter To the Honorable Mayor and City Councilmembers City of Clearwater, Florida ReportontheFinancialStatements We have audited the financial statements of the City of Clearwater, Florida (the "City"), as of and for the year ended September 30, 2015, and have issued our report thereon dated March 28, 2016. Auditor’sResponsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. OtherReports We have issued our Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards;Report of Independent Auditor on compliance for Each Major Program and on Internal Control over Compliance Required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General of the State of Florida; Schedule of Findings and Questioned Costs; and Report of Independent Accountant on Compliance with Local Government Investment Polices, regarding compliance in accordance with Chapter 10.550, Rules of the Auditor General. Disclosure in those reports and schedule, which are dated March 28, 2016, should be considered in conjunction with this management letter. PriorAuditFindings Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. Corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. OfficialTitleandLegalAuthority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in the notes to the financial statements. FinancialCondition Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, requires that we report the results of our determination as to whether or not the City has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.554(1)(i)5.c. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. 183 AnnualFinancialReport Section 10.554(1)(i)5.b. and 10.556(7), Rules of the Auditor General, requires that we apply appropriate procedures and report the results of our determination as to whether the annual financial report for the City for the fiscal year ended September 30, 2015, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2015. In connection with our audit, we determined that these two reports were in agreement. DeepwaterHorizonOilSpill Section 10.556(10)(3), Rules of the Auditor General, requires a determination of the City’s compliance with federal and state laws, rules, regulations, contracts or grant agreements related to the receipt and expenditure of funds related to the Deepwater Horizon Oil Spill. The City’s Deepwater Horizon Oil Spill funds received are unrestricted and, therefore, do not have related compliance requirements. OtherMatters Section 10.554(1)(i)2., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statement amounts that is less than material but warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. PurposeofthisLetter The purpose of this management letter is to communicate certain matters prescribed by Chapter 10.550, Rules of the Auditor General. Accordingly, this management letter is not suitable for any other purpose. Tampa, Florida March 28, 2016 184 ReportofIndependentAccountantonCompliancewithLocalGovernmentInvestmentPolicies To the Honorable Mayor and City Councilmembers City of Clearwater, Florida ReportonCompliance We have examined the City of Clearwater, Florida’s (the "City"), compliance with the local government investment policy requirements of Sections 218.415, Florida Statutes, during the year ended September 30, 2015.Management is responsible for the City’s compliance with those requirements. Our responsibility is to express an opinion on the City’s compliance based on our examination. Scope Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion.Our examination does not provide a legal determination on the City’s compliance with specified requirements. Opinion In our opinion, the City complied,in all material respects,with the aforementioned requirements for the year ended September 30, 2015. Tampa, Florida March 28, 2016 185 AmountAmount ReceivedExpended in thein the 2014-152014-15 SourceFiscal YearFiscal Year British Petroleum: Agreement No. Not Applicable$6,480,352$0 City of Clearwater, Florida Note:ThisdoesnotincludefundsrelatedtotheDeepwaterHorizonOilSpillthatareconsidered FederalawardsorStatefinancialassistance.TheCitydidnotreceivefundsthatwereconsidered Federal funds or State financial assistance related to the Deepwater Horizon Oil Spill. Schedule of Receipts and Expenditures of Funds Related to the For the Fiscal Year Ended September 30, 2015 Deepwater Horizon Oil Spill 186 Ci t y of Cl e a r w a t e r , Fl o r i d a Au d i t Su m m a r y an d Re q u i r e d Co m m u n i c a t i o n s Th e H o n o r a b l e M a y o r a n d M e m b e r s o f C i t y C o u n c i l Ci t y o f C l e a r w a t e r , F l o r i d a De a r H o n o r a b l e M a y o r a n d C o u n c i l M e m b e r s : We h a v e a u d i t e d t h e a c c o m p a n y i n g f i n a n c i a l s t a te m e n t s o f t h e g o v e r n m e n t a l a c t i v i t i e s , th e b u s i n e s s - t y p e a c t i v i t i e s , e a c h m a j o r f u n d , a n d t h e a g g r e g a t e r e m a i n i n g f u n d in f o r m a t i o n o f t h e C i t y o f C l e a r w a t e r , F l o r i d a ( t h e “ C i t y ” ) a s o f a n d f o r t h e y e a r e n d e d Se p t e m b e r 3 0 , 2 0 1 5 , a n d t h e r e l a t e d n o t e s t o t h e f in a n c i a l s t a t e m e n t s , w h i c h c o l l e c t i v e l y co m p r i s e t h e C i t y ’ s b a s i c f i n a n c i a l s t a t e m e n t s . W e a l s o h a v e a u d i t e d t h e f i n a n c i a l st a t e m e n t s o f e a c h o f t h e C i t y ’ s n o n m a j o r g o v e r n m e n t a l f u n d s , n o n m a j o r e n t e r p r i s e fu n d s , i n t e r n a l s e r v i c e a n d f i d u c i a r y f u n d s p r es e n t e d a s s u p p l e m e n t a r y i n f o r m a t i o n , a s de f i n e d b y t h e G o v e r n m e n t a l A c c o u n t i n g S t a n d a r d s B o a r d , i n t h e a c c o m p a n y i n g co m b i n i n g a n d i n d i v i d u a l f u n d s t a t e m e n t s a s o f a n d f o r t h e y e a r e n d e d S e p t e m b e r 3 0 , 20 1 5 , a n d h a v e i s s u e d o u r r e p o r t t h e r e o n d a t e d M a r c h 2 8 , 2 0 1 6 . As r e q u i r e d b y a u d i t i n g s t a n d a r d s g e n e r a l l y a c c e p t e d i n t h e U n i t e d S t a t e s o f A m e r i c a , Go v e r n m e n t A u d i t i n g S t a n d a r d s , OM B C i r c u l a r a n d C h a p t e r 1 0 . 5 5 0 , Ru l e s o f t h e A u d i t o r Ge n e r a l we a r e p r o v i d i n g y o u w i t h t h e i n f o r m a t i o n s h o w n i n t h i s p r e s e n t a t i o n r e l a t i v e t o th e c o n d u c t o f o u r a u d i t . S u c h i n f o r m a t i o n i s i n t e n d e d f o r t h e u s e o f t h e m a n a g e m e n t , t h e Au d i t C o m m i t t e e a n d C i t y C o u n c i l o f t h e C i t y , a n d i s n o t i n t e n d e d f o r a n y o n e o t h e r t h a n th e s e s p e c i f i e d p a r t i e s . CH E R R Y BE K A E R T LL P 2  Au d i t o p i n i o n – p a g e 1 ( U n m o d i f i e d )  Re p o r t o n I n t e r n a l C o n t r o l o v e r F i n a n c i a l R e p o r t i n g a n d o n Co m p l i a n c e – p a g e 1 7 1 ( O n e m a t e r i a l w e a k n e s s i n c o n t r o l s a n d n o ma t e r i a l c o m p l i a n c e m a t t e r s r e p o r t e d )  Re p o r t o n C o m p l i a n c e f o r e a c h M a j o r P r o g r a m a n d o n I n t e r n a l Co n t r o l o v e r C o m pl i a n c e – p a g e 1 7 3 ( N o c o n t r o l d e f i c i e n c i e s o r ma t e r i a l c o m p l i a n c e m a t t e r s r e p o r t e d )  Ma n a g e m e n t L e t t e r – p a g e 1 8 3  Re p o r t o n C o m p l i a n c e w i t h L o c a l G o v e r n m e n t I n v e s t m e n t Po l i c i e s – p a g e 1 8 7 ( U n m o d i f i e d )  Ot h e r r e p o r t s n o t i n c l u d e d i n C A F R :  Re p o r t o n S c h e d u l e o f R e v e n u e s a n d E x p e n d i t u r e s R e l a t e d to E m e r g e n c y M e d i c a l S e r v i c e s Su m m a r y of De l i v e r a b l e s 3  Si g n i f i c a n t A c c o u n t i n g P o l i c i e s  De s c r i b e d i n N o t e 1 t o t h e f i n a n c i a l s t a t e m e n t s  In a c c o r d a n c e w i t h a c c o u n t i n g p r i n c i p l e s ge n e r a l l y a c c e p t e d i n t h e U n i t e d S t a t e s o f Am e r i c a  Co n s i s t e n t w i t h i n d u s t r y p r a c t i c e s a n d s t a n d a r d s .  Ad o p t i o n o f , o r c h a n g e i n , a c c o u n t i n g p o l i c i e s  GA S B N o . 6 8 - A c c o u n t i n g a n d F i n a n c i a l R ep o r t i n g f o r P e n s i o n s – a n a m e n d m e n t of G A S B S t a t e m e n t N o . 2 7  No D i s a g r e e m e n t s o r D i f f i c u l t i e s w i t h M a n a g e m e n t  Th e r e w e r e n o d i s a g r e e m e n t s w i t h m a n a g e m e n t on f i n a n c i a l a c c o u n t i n g a n d r e p o r t i n g ma t t e r s t h a t , i f n o t s a t i s f a c t o r i l y r e s o l v e d , w ou l d h a v e c a u s e d a m o d i f i c a t i o n o f o u r r e p o r t o n th e C i t y ’ s f i n a n c i a l s t a t e m e n t s , n o r w e r e t h e r e s i g n i f i c a n t d i f f i c u l t i e s i n d e a l i n g w i t h ma n a g e m e n t i n p e r f o r m i n g o u r a u d i t . AU D I T O R ’ S RE Q U I R E D CO M M U N I C A T I O N (A U 38 0 ) 4 Pr e s e n t e d b y : Jo h n J . G i l b e r t o La u r e n M a r t i n Ch e r r y B e k a e r t L L P 40 1 E . J a c k s o n S t r e e t , S u i t e 3 4 0 0 Ta m p a , F l o r i d a 3 3 6 0 2 Em a i l : jg i l b e r t o @ c b h . c o m lm a r t i n @ c b h . c o m Ph o n e : 8 1 3 - 2 5 1 - 1 0 1 0 Fa x : 8 1 3 - 2 5 1 - 9 2 3 5 CO N T A C T IN F O R M A T I O N 5 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2320 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) with APG Electric, Inc. for services necessary for the City’s compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition, price not to exceed $530,219; and authorize the appropriate officials to execute same. (consent) SUMMARY: The National Fire Protection Association has produced NFPA 70E, a standard established to protect electricians from arc flash hazards. A single arc flash incident can cause catastrophic injury or death. Compliance with NFPA 70E is required by the Occupational Safety and Health Administration (OSHA). While the City is not regulated by OSHA, the City is voluntarily compliant with OSHA standards in the interest of employee safety. City staff has identified a need for a third party expert to assist the City in becoming compliant with NFPA 70E. The City issued RFP 05-16 on November 10, 2015. Among the five respondents, the City requested three firms to deliver verbal presentations. APG Electric, Inc., d.b.a. APG Engineering (APG), was the successful respondent. Their services under the contract will include an analysis of 4,929 electrical components. Deliverables include the following: ·Complete Engineering Analysis and Review of electrical distribution systems to include Short Circuit, Fault Current, Protective Device Coordination Study, and Arc Flash Analysis with detailed engineering analysis and recommendations by a State of Florida Certified Professional Engineer ·Prepare report with findings and recommendations ·Provide Arc Flash Hazard label per NFPA-70E ·Training and/or training documentation ·Assist the City with upgrading its electrical safety program Recommendations to be provided by APG will be aimed at reducing the potential for an arc flash incident. This contract will provide for each electrical component, with the potential to produce an arc flash, to be labeled. The label will inform the electrician of the hazard level and the required personal protective equipment to be used. Ultimately, the service to be provided by APG under this contract will result in a safer work environment for city electricians and contractors. APPROPRIATION CODE AND AMOUNT: A mid-year amendment will increase the City’s Central Insurance Fund, cost code Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2320 0590-07590-530100-519 (Professional Services) to fund this contract. Offsetting revenues will be recognized from Central Insurance Fund reserves. USE OF RESERVE FUNDS: After appropriation of the above $530,219, remaining available Central Insurance Fund reserves total $17,320,036. Page 2 City of Clearwater Printed on 4/15/2016 CONTRACT THIS CONTRACT, entered into this __________ day of ___________, 2016, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City, “ P.O. Box 4748, Clearwater, Florida 33758 and APG Electric, Inc., a Florida Corporation, d.b.a. APG Engineering, referred to as “APG,” 4825 140th Avenue North, Clearwater, Florida 33762. WHEREAS, the City is seeking the services of APG with respect to the City’s compliance with the requirements of the National Fire Protec tion Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition (NFPA 70E); and WHEREAS, APG agrees to provide all services and fulfill all requirements as fully defined within the City of Clearwater RFP #05-16 for a maximum of 4,929 components of electrical equipment. NOW THEREFORE, in consideration of the promises stated herein, the City and APG mutually agree as follows: 1. SCOPE OF PROJECT. APG agrees to provide Electrical Engineering and other related services under the terms and conditions set forth in Request for Proposal (RFP) No.05-16, National Fire Protection Association Standard 70E Compliance , and APG’s Page 2 of 5 response dated December 9, 2015, and described in attached Exhibit A – Scope of Work. 2. TIME OF PERFORMANCE. The initial Contract Term shall commence on April 25, 2016 and end April 25, 2017. This Contract may be extended for an additional period of three months upon the mutual agreements of the Parties. 3. COMPENSATION. The City will pay APG a sum not to exceed $530,219 as described in attached Exhibit B – Fee Schedule, inclusive of all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project of APG to be performed hereunder. Such changes, including any increase or decrease in the amount of APG’s compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and APG shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. APG’s invoices shall be submitted to the City for approval for payment on a Net 30 basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Co ntract is contingent upon an annual appropriation of the City’s budget. Page 3 of 5 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. APG City of Clearwater Michael Dobbs, Principal Chuck Lane, Risk Manager 4825 140th Avenue North P.O. Box 4748 Clearwater, Florida 33732 Clearwater, Florida 33758 Telephone # (727) 223-0202 Telephone # (727) 562-4655 Facsimile # (727) 530-0045 Facsimile # (727) 562-4659 6. TERMINATION OF CONTRACT. Termination by the City is pursuant to RFP No. 05-16 Terms and Conditions. 7. INDEMNIFICATION AND INSURANCE. APG agrees to comply with all terms, provisions, and requirements contained in RFP No.05-16 National Fire Protection Association Standard 70E Compliance, made a part hereof as if said document were fully set forth at length herein. Page 4 of 5 8. PROPRIETARY MATERIALS. Upon termination of this Contract, APG shall transfer, assign and make available to City or its representatives all property and materials in APG’s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. APG covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. APG agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party sha ll bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Paul R. Hull Rosemarie Call Assistant City Attorney City Clerk APG ELECTRIC, INC., d.b.a. APG ENGINEERING Attest: __________________________ By: _____________________________ Print Name: ________________ Print Name: ______________________ Secretary Title: ___________________________ EXHIBIT “A” Scope of Work The project will include services necessary for the City’s compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition. APG will perform a complete equipment inventory/data study by collecting relative data, analyze the results received, provide the resulting data to the City, provide equipment labels, label the relevant equipment, and provide training guidance to the City. APG will also assist the City in developing an Electrical Safety Program. APG Engineering will provide all services and fulfill all requirements as fully defined within the City of Clearwater RFP #05-16 Scope of Work, for an estimated 4,929 pieces of electrical equipment. Deliverables to include the following:  Complete Engineering Analysis and Review of electrical distribution system to include Short Circuit, Fault Current, Protective Device Coordination Study, and Arc Flash Analysis with detailed engineering analysis and recommendations by a State of Florida Certified Professional Engineer  Prepare report with findings and recommendations  Provide Arc Flash Hazard labels per NFPA-70E  Training and/or training documentation Owner shall be responsible for furnishing access to facilities during normal business hours for gathering pertinent information and/or applying labels to equipment. Owner shall also provide access to all available electrical plans and power diagrams necessary to complete the arc flash risk assessment. The arc flash risk assessment is a representation of the incident energy levels based on existing conditions. Any change to the power system (circuit breaker settings, adding major equipment, etc.) will affect the incident energy levels/PPE requirements of the arc flash risk assessment. Recognizing that the study is based upon the validity of the power system study at a given point in time, all changes to the power system after APG Engineering begins their work will be considered a “Change In Service” and subject to additional fee to modify/re -evaluate the arc flash risk assessment. EXHIBIT “B” Fee Schedule Based on the scope of work as described above to perform services on 4,929 electrical components, APG Engineering’s fee is a lump sum not-to-exceed, all-inclusive price of Five Hundred Four Thousand Nine Hundred Seventy Dollars ($504,970.00). This lump sum shall be adjusted upward pro rata if the scope increases from the above. The contract price of $530,219 contains a 5% contingency should the actual electrical component count increase above 4,929 during the life of the Contract. Should the actual electrical component count decrease below 4,929 during the life of the Contract, this lump sum shall be adjusted downward accordingly. APG’s fee has been assembled as follows: For hourly work, or work considered "Change in Service", APG Engineering will be reimbursed on an hourly basis at the rates indicated below:  Principal: $230  Project Manager/Senior Engineer: $185  Engineer/Senior Designer: $165  Designer: $125  CAD Operator: $95  Administrative: $75 APG’s original fee of $421,145.00, as proposed in APG’s response to RFP #05-16, was based on the estimated 4,106 electrical components provided by the City of Clearwater. The adjusted fee of $504,970.00 reflects the increase in scope to an estimated 4,929 electrical components. This adjusted fee is based on the following:  Fixed Fee for Engineering Services: $3,050  Fee per estimated electrical component: $101.83  APG recognizes that analysis of electrical components of less than 151 Volts AC may incur a cost of less than $101.83 per component. For invoicing purposes, APG will calculate the price of assessing such components accordingly. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2321 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to Florida Gas Contractors, Inc., in the amount of $3,700,000, with the option for two, one-year term extensions to provide the installation of natural gas mains and service lines (ITB 11-16), and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas Contractors (FGC), Inc., located at PO Box 280, Dade City FL 33526, was the lowest and most responsive bidder for Invitation to Bid (ITB) 11-16. FGC currently holds the contract for the installation of gas mains and service lines and has performed satisfactory work for Clearwater Gas System (CGS) over the last year. FGC has also provided a Performance Bond and Proof of Insurance for the period April 1, 2016 through March 31, 2017. APPROPRIATION CODE AND AMOUNT: CGS has budgeted funds available in account codes 315-96378-563800 ($1,850,000) Pasco New Mains and Service Lines and 315-96377-563800 ($1,850,000) Pinellas New Mains and Service Lines. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/15/2016 v. 11/2015 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748 33758-4748 INVITATION TO BID Installation of Natural Gas Main, Service Lines, and House Piping # 11 -16 February 4, 2016 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, March 3, 2016 to provide Installation of Natural Gas Main, Service Lines, and House Piping. Brief Description: The Clearwater Gas System (CGS) seeks qualified bidders to provide all labor, materials, incidental items and equipment necessary for Installation of Natural Gas Main, Service Lines, and House Piping Services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. Questions concerning this solicitation should be directed , IN WRITING, to the following project contacts or their designees: Issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater Questions concerning this solicitation should be directed, IN WRITING, to: Alyce Benge, CPPO, C.P.M. Purchasing Manager Finance Department Fax: 727-562-4535 AlyceBenge@myclearwater.com INSTRUCTIONS Natural Gas Line Installation 2 ITB # 11-16 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 3, 2016 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted, and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting Purchasing. . i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes 100% of annual bid amount If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida ; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contrac t when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one -year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS Natural Gas Line Installation 3 ITB # 11-16 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT BIDS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Floor, Clearwater FL 33756-5520 or PO Box 4748, Clearwater, FL 33758-4748 Bids will be received at this address. Bidders may mail or hand-deliver bids. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time sp ecified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial ra ther than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non -responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to g rant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performanc e and desired characteristics. INSTRUCTIONS Natural Gas Line Installation 4 ITB # 11-16 Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension o r debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contra ct does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participate s in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. INSTRUCTIONS Natural Gas Line Installation 5 ITB # 11-16 i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purcha sing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 S. Myrtle Ave., 3rd Floor Clearwater, FL 33756-5520 or PO Box 4748 Clearwater, FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas Line Installation 6 ITB # 11-16 i.21 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws -including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personn el and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s Purchasing website to view relevant bid information and notices; http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx . i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: February 4, 2016 Advertise Tampa Bay Times: February 6, 2016 Bids due: March 3, 2016 Review bids: March 3 – 9, 2016 Award recommendation: March 10, 2016 Council authorization: April 7, 2016 Contract begins: April 2016 STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 7 ITB # 11-16 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Co ntractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attemp ted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 8 ITB # 11-16 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to th e City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in r egard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 9 ITB # 11-16 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt m eeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement . The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 10 ITB # 11-16 b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the oth er party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a wri tten assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security , if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and exp ended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreeme nt after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 11 ITB # 11-16 available. In the event of such termination, the City agrees to provide written notice of its in tent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of acti on, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the cou rse of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standa rd warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 12 ITB # 11-16 but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8 , a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same wi thout suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such a ction or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the additio n or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable contr ol, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other part y of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 13 ITB # 11-16 such causes if it is feasible to do so, or to minimize or eliminate the effe ct thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties . S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitute s the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Natural Gas Line Installation 14 ITB # 11-16 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was named “Florida’s Best Beach Town 2013” by USA Today and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed in Clearwater. 2. BACKGROUND. The City of Clearwater (“City”), doing business as the Clearwater Gas System (“CGS”), owns and operates a natural gas distribution system (“System”) within portions of Pinellas and Pasco County, Florida that serves approximate ly 19,000 natural gas customers. CGS has approximately 875 miles of distribution gas mains that operate between 8 – 60 PSI. The 330 square mile service territory of CGS extends from north Pinellas County (north of Ulmerton Road) to Southwest Pasco County (the Pinellas/Pasco county line to State Road 52 and Ehren Cutoff Road) and includes the beach communities starting from Clearwater and traveling south to Redington Beach (see Attachment C: Clearwater Gas System – Overview). The awarded Contractor will work independently to complete the services for CGS, with minimal assistance or supervision from CGS. 3. SCOPE OF WORK. A. SERVICE REQUIREMENTS: 1. The work to be performed under this contract shall co nsist of the furnishing of all labor, materials, equipment, and administrative paperwork, necessary to satisfactorily complete:  Installation of natural gas distribution mains and service lines, including meter set, excess flow valves, testing, pigging, purging, connecting to gas main, final gassing and restoration;  Written logs, as-built drawing of gas service line piping installations, pressure test charts  Directional drilling bore logs  Provide all meter/customer piping connections  Applicable turn-on and meter set paperwork  Testing of customer’s piping with documentation and establishment/ reestablishment of gas service  All gas joining equipment to be used, including nitrogen gas purging, shall be certified by CGS to be in good working condition  Include all necessary construction, including live tie-in connections in order to provide a complete main or service line installation ready for the transportation of natural gas according to Clearwater Gas System’s Construction Manual DETAILED SPECIFICATIONS Natural Gas Line Installation 15 ITB # 11-16 2. Gas Main and Service line installation may include the following materials:  Various piping, to include PE and Steel;  PE tapping tees, 3-way tees, weld tees, or smaller tapping tees, stop cock, riser;  Gas meters, Regulators, valves, and valve boxes, valve box concrete rings ;  Fittings, tracer wire, test stations, line marker, poles, barricades, bumper poles ;  MOT signage-maintenance required per FDOT specifications for traffic control. 3. All workmanship shall be fully guaranteed for a period of one (1) year after date of acceptance by the Owner. All Testing shall be paid by the Contractor. All Professional Surveying and job stake out including placement elevations shall be paid by the Contractor. 4. All ditch lines and bell holes must be machine compacted to approved density. Required environmental protection, such as the installation of silt fencing adjacent to wet lands and placement of straw bales or similar approved devices at storm inlets. 5. In the event it becomes necessary to continue work beyond the n ormal hours of operation, the contractor will obtain approval from CGS, a minimum of two (2) working days in advance, except for an emergency condition when notification is required as soon as possible. The contractor agrees to pay CGS inspection after-hours expenses, prior to CGS releasing the project for service and authorizing payment for completed work. B. PE- UNDERGROUND EXTERIOR HOUSE PIPING: From outlet side of meter set to the exterior appliances or house piping stub. Will include risers on each end, stop cock, valves and miscellaneous fittings. Must be noted as House Piping on all invoices. Air test at 15 pounds per square inch (PSI) for 24 hours required for final approval and tagged with pressure, date and time. Must be a licensed Plumber or LP/ Natural Gas contractor and qualified in this discipline. Contractor is responsible for all code deficiencies and must furnish payment for code violations, such as loss of pressure test, improper depth, no tracer wire etc. Underground house piping installation also includes the placement and installation of temporary sight (4” PE) tubes for inspectional purposes. C. ABOVE GROUND EXTERIOR HOUSE PIPING METER CONNECT: This work to be performed, shall consist of the contractor furnishing all necessary labo r, tools, equipment, materials, pipe & fittings, supplies, manufactured articles, electric power, and essential customer communication, labor, and other operations necessary for the modification of existing natural gas house plumbing to accommodate reloca tion of gas meters including: obtaining required permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer pip ing from a new location and, subsequent integrity pressure testing (Drop Test - utilizing a manometer) of the entire consumers owned gas plumbing system, and passing required inspections. The requirement also extends to completing and submitting the requ ired gas service account, meter card and integrity testing paperwork timely. CGS will require the reestablishing of the gas service and relighting the applicable appliances that pass the integrity pressure test. Contractor shall immediately notify CGS dispatcher of the “on gas” and complete the required paperwork, including the drop test DETAILED SPECIFICATIONS Natural Gas Line Installation 16 ITB # 11-16 form, and submit, no later than the following business day (within 24 hours). The contractor shall also notify gas dispatch (727 -462-6633) immediately of any gas account that does not pass the integrity test or where access to premise is unavailable. The work shall be complete and performed in strict accordance with the Contract Specifications, and in compliance with all applicable codes, CGS requirements, Florida Fuel Ga s Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith, shall be performed, furnished, and ins talled by the Contractor as though originally so specified or shown, at no increase in cost to the City. Gas pipe fitters and plumbers shall be thoroughly trained and experienced in the skill set required, and shall be completely familiar with the design and application of work described. All applicable plumbing and gas fitters licensing documents shall be furnished to CGS. D. RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR: The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction and the Contractor performing the work: CGS logo (provided to Contractor on disk); the scheduled start date; the type of construction; general sequence and scheduling o f construction events; Contractor’s name; Contractor’s address; Contractor’s phone number; and Managers’ name. A sample door hanger is attached to this document and shall be printed on brightly colored card stock and a minimum of 4 ¼” x 11” in size. A sample door hanger including proposed language shall be approved by CGS prior to the start of construction. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor’s activities no later than two (2) days p rior to start of construction. Directly affected by Contractor’s activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start withou t proper two (2) day notice period to residents. Contractor is also required to maintain sufficient staff to answer resident inquiries during normal business hours and to maintain message recording equipment to receive resident inquiries after business hours. Contractor Manager and Supervisor emergency contact phone number shall be provided, maintained and answered 24 hours a day, 365 days a year; updates shall be provided as necessary to the CGS Dispatch and CGS inspector personnel. E. SITE CONDITIONS: Any information on site or soil conditions made available to the prospective bidders through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil or groundwater conditions at the job site, be accepted as a basis in any claim for extra compensation. It is recommended that Bidder review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performe d, or affect the equipment, materials, and labor required. The Bidder shall carefully evaluate the service area and the specifications, conditions, and requirements of this contract. No additional allowances shall be made because of lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas Line Installation 17 ITB # 11-16 F. APPROVED MATERIALS AND EQUIPMENT : Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the materials or articles so named, and that the Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard named materials or articles and no other. To assist the Engineer in making an adequate evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed information and data on the items he proposes to furnish as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identification, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate material, article or piece of equipment shall not be purchased or installed by the Contractor without the Engineer's written approval. Any revisions to the Drawings as a result of alternate equipment shall be at the expense of the Contractor. G. BID ITEMS AND ESTIMATED QUANTITIES: The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work specified to be done under that item. All work herein specified or implied in any way in the drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. BID ITEMS: MAIN LINE - PLASTIC  Diameter, 2 inch, 4 inch, 6 inch, and 8 inch; pricing per foot. MAIN LINE - STEEL  Diameter, 2 inch, 4 inch, 6 inch, and 8 inch; pricing per foot. SERVICE LINE – PLASTIC (LUMP SUM, 100 FT or less per location)  Diameter, 5/8 & ¾ inch, 1 inch, 2 inch, 4 inch; pricing per location. SERVICE LINE – PLASTIC (UNIT PRICE, greater than 100 feet per location)  Diameter, 5/8 & ¾ inch, 1 inch, 2 inch, 4 inch; pricing per foot. DETAILED SPECIFICATIONS Natural Gas Line Installation 18 ITB # 11-16 SERVICE LINE - STEEL  Diameter, 5/8 & ¾ inch; 1 inch, 2 inch, 4 inch, 6 inch, 8 inch, pricing per foot. SERVICE LINE – CUT AND CAP AT MAIN (any material)  Diameter, 2 inch or less per service location.  Must include site restoration. CASING PUSH / MISSILE  Diameter, 5/8 & ¾ inch, 1 inch, 2 inch; pricing per foot. Boring includes insertion of the carrier pipe within the casing, restoration, cleanup, insulators, end seals, and vent poles. For all bores, payment will be for actual distance of the bore, not to include footage of entrance and exit pits and installation of tracer wire or carrier pipe. JACK AND/OR BORE - STEEL  4 inch, 6 inch, 8 inch; pricing per foot. DIRECTIONAL BORE - PLASTIC Directional Boring installations shall not exceed four feet (4’) in depth without CGS written approval.  5/8 & 3/4 inch; 1 inch; 2 inch; 4 inch, 6 inch, 8 inch, 12 inch; pricing per foot. STEEL-WELD, MECANICAL & PE TAPPING TEES Welder shall be OQ qualified, 3rd party non destructive tested and CGS destructive tested and certified prior to welding on CGS facilities)  2 inch Williamson, 5/8 inch Weld Punch Tees, ¾ inch Weld Punch Tees, 1inch Weld Punch Tees; pricing per each.  Mechanical or PE Fused Service Tee (saddle clamp, saddle tee, PE tee, and wrap around); pricing per each. SOD Sod material will be supplied, placed, watered and maintained for three (3) weeks by Contractor and acceptable to the Right of Way authority.  Bahia / Floratan; pricing per square foot, including all related costs MAINTENANCE OF TRAFFIC (MOT) METER AND REGULATOR INSTALLATION  Installing Residential & Light Commercial Meters (Meter Set Only); pricing per each meter  Above Ground Exterior House Piping and Meter Connect (Includes meter set and connection to customer’s piping system, safety inspection, drop test relight of customer’s appliances and permits where applicable. Pricing per each meter. DETAILED SPECIFICATIONS Natural Gas Line Installation 19 ITB # 11-16 SURFACE RESTORATION Cut, remove, and replace. Restoration material provided by Contractor .  Asphalt; pricing per inch thickness  Limerock; pricing per inch thickness  Concrete; pricing per square feet.  Shell, pricing per square feet.  Brick / Paver removal; pricing per square feet.  Brick/ Paver replacement; pricing per square feet.  Seed and mulch; pricing per square feet. PIPE REMOVAL  Diameter, 2 inch, 4 inch, and 6+ > inch; pricing per foot. PE – UNDERGROUND EXTERIOR HOUSE PIPING  Diameter, 5/8 & ¾ inch, 1 inch, 2 inch, 4 inch, 6 inch; pricing per foot.  PE Fused Service Type Tap Tees; pricing per each.  3-way PE Tees; pricing per each. OTHER PAY ITEMS  As itemized on bid pages 4. MINIMUM QUALIFICATIONS. Bidder shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Bidder shall be licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Bidders shall have successfully completed two (2) contracts for similar work during the past three (3) years, in an amount comparable (within 25%) to the amount of the proposed bid total. B. Bidders' employees and CGS approved subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” (OQ) with mandatory knowledge, skill and abilities, training to be completed by March 1, 2016. OQ. and all training docum entation shall be furnished, via email, upon request. The Bidders’ Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a five (5) year period. Failure to provide proof of Operator Qualification compliance, and successful maintenance is a breach of contract and may result in contract cancellation. Training records shall be made available to CGS for auditing. The Contractor shall provide prior to starting work and updating quarterly "Resume of Experience" for key employees. The Contractor must state in writing that their Operator Qualification plan is i n conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. Provide all OQ Training Documentation records shall be furnished upon requ est. The Contractor’s Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contrac tor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a five (5) year period. Failure to provide proof of Operator Qualification compliance, and DETAILED SPECIFICATIONS Natural Gas Line Installation 20 ITB # 11-16 successful maintenance will disqualify the bidder from consideration for the award of this bid. Training records shall be made available to CGS for auditing . C. The Bidder confirms that it has in place, or will implement a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the U nited States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded bidder will furnish quarterly statistical reports to CGS’s Operations Manager, or designee, to show active compliance. A copy of the Alcohol and Drug Testing Program will be included in the response to this Invitation to Bid. D. Vendor must attest to the Certification regarding Scrutinized Companies List, certifying that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. Pursuant to Section 287.135(5), Florida Statutes. The Contractor agrees the Department may immediately terminate th is Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sec tor List during the term of the Contract. E. Vendor shall attest to comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work H ours and Safety Standards Act (PL 91-54). The Contractor shall comply with OSHA 1926 Subpart P Excavation, the State of Florida Trench Safety Act and the City Of Clearwater Trench Safety Regulations during the term of the Contract. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor’s deductible or self -insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3 ) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $2,000,000 (two million dollars) per occurrence and $4,000,000 (four million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. DETAILED SPECIFICATIONS Natural Gas Line Installation 21 ITB # 11-16 d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non -sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with cer tified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, ITB # 11-16 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non -contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontract ors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Natural Gas Line Installation 22 ITB # 11-16 1. BEGINNING AND END DATE OF INITIAL TERM. April 2016 through March 2017. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (3 0) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, i nsurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for Non- Residential Construction Trades, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. c. No fuel surcharges will be accepted. RESPONSE ELEMENTS Natural Gas Line Installation 23 ITB # 11-16 1. BID SUBMISSION. In a sealed container, using the mailing label provided, submit:  one (1) signed original bid,  one (1) copy of the bid, and  one (1) copy in a digital format on a CD or Thumb Drive. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Bid security (if requested) included Original and proper number of copies with electronic format (if requested) included Bid container properly labeled Bid Pricing form completed and included W -9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form completed and included Vendor Information form completed and included Offer Certification form completed and included Scrutinized Companies and Business Operations Certification Form Drug and Alchohol training program information CLEARWATER GAS SYSTEM - OVERVIEW CUT ALONG THE DOTTED LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas Line Installation 36 ITB # 11-16 MAILING LABEL CUT ALONG THE DOTTED LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas Line Installation 37 ITB # 11-16 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID City of Clearwater Attn: Purchasing PO Box 4748 Clearwater, FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #11-16, Natural Gas Line Installation Due Date: March 3, 2016, at 10:00 A.M. City of Clearwater Attn: Purchasing, 3rd Floor 100 South Myrtle Avenue Clearwater, FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Submitted by: Company Name: Address: City, State, Zip: ITB #11-16, Natural Gas Line Installation Due Date: March 3, 2016, at 10:00 A.M. Page 1 of 10 EXHIBIT B – SPECIAL TERMS AND CONDITIONS RFP #11-16 1. DEFINITIONS. The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications and the Drawings, including all modifications and addenda thereof incorporated in the documents before their execution. These form the Contract. The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership or individual for whom the work is to be performed, or his or their authorized representative or agent. The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents, inspectors and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and specifications of this work, or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particular to this project. Written Notice shall be deemed to have been fully served if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the ess ence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 2. EXTENT OF CONTRACT. The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifications and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessary for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration’s by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Page 2 of 10 Should anything be omitted from the contract drawings or specifications which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 3. OBLIGATIONS OF CONTRACTOR. The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the necessary materials, labor, supervision, manager, a 24-hour/7 days a week direct reliable communication devices, tools, equipment and appliances, and shall construct, finish, test and purge, connect in a safe, substantial and workmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the work, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein conta ined, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 4. SUBCONTRACTS. The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall comply with the ASME B31Q Code, which meets the requirements of Federal CFR 49 Part 192 Subpart N, particularly the “Span of Control” ratio which requires the supervision of non-qualified personnel by OQ certified individuals depending on the performance of the covered task 5. SEPARATE CONTRACTS. The owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate hi s work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. Page 3 of 10 Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. 6. BONDS. The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of award, present himself to the place designated in the official notice of acceptance, for signing of the Contract and the plans, and to substitute for the bid security, a surety performance - payment bond in the amount of thirty percent (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 7. ACCIDENTS AND CLAIMS. The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or property of another resulting from negligence or carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 8. MUTUAL RESPONSIBILITY OF CONTRACTORS. Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 9. CONTRACTOR'S LIABILITY. The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, including losses of associated business revenue resulting from utility damage, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection w ith this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 10. FAMILIARITY WITH CONTRACT REQUIREMENT. It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general Page 4 of 10 and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to com ply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 11. PERMITS AND LICENSES. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for CGS gas mains and services classified as CGS permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise specified. Contractor will also be responsible for obtaining gas permits related to house piping connections to gas meter if required, and maintenance of appropriate trade licenses to perform the specific scope of work described in this contract, including consumer’s underground house piping and gas meter relocation piping and connections. They also will be noted as contractor of record on the applicable permits and be licensed as a contractor in the disciplines of plumbing or Natural / LP gas contracting in the State of Florida and registered in Pinellas and or Pasco counties to perform all underground house piping related work and meter connections. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 12. LAWS AND REGULATIONS. The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or b ased on, the violation of any such law, ordinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiar with all Federal, State, Local, and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereof. The Contractor shall be licensed and competent in the required discipline of installing gas mains, services, underground customer piping systems and related gas meter connections. 13. PLANS, SPECIFICATIONS AND SHOP DRAWINGS. The specifications are intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called Page 5 of 10 for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requ irements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be corrected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the as built drawings, they shall be promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and specifications. No deviation from the plans and specifications shall be appr oved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall make any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 14. WORKING SCHEDULES AND PROGRESS CHARTS. The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertake the construction. A schedule will include an ticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. All work provided to the contractor, including service lines shall be scheduled within a 72 hour turn around; emergency work will have an immediate response. FDOT, County and Municipal permit utilization right of way and road crossing permit installations shall be prioritized to recover from the delay associated with obtaining the permit. Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end o f each month. These progress charts will be used in preparing the monthly estimates to the Owner. The contractor shall furnish an electronic copy of the daily work schedule in advance of the work being done preferably prior to the beginning of the work day. Copies include Construction Inspection, Gas Sales, Dispatch and Senior Accountant. The contractor shall also provide an electronic copy of the daily completed work being done preferably at the end of that work day or the beginning of the next work day. 15. SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR. The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Page 6 of 10 Contractor shall at all times have an OQ competent superintendent and field supervisors, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good, safe and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from and, (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such portable chemical toilets accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water well or waterway. Portable toilets shall have incorporated therein holding containers which s hall be tightly closed and all waste shall be pumped out and transported away from the site of the work weekly and disposed of properly. The portable toilet facilities shall be sanitized weekly and not become a nuisance Any instructions, directions, or ord ers from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 16. SERVING NOTICE. Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 17. OBSERVATION OF THE WORK. The Owner or his authorized representative-CGS inspector shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. The contractor shall furnish to CGS a daily work schedule and list of all completed jobs. The notification shall be sent before the start of the work day and a distribution list shall be provided with necessary updates. After written Page 7 of 10 authorization to proceed with the work and the Engineer has been engaged to act as the Owners representative, the Engineer shall: A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an exper ienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in ac cordance with the plans and specifications. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final payments will be as specified elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents, and recommend in writing final payment to the Contractor. 18. EXAMINATION OF THE WORK. The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereo f is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure t o do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Page 8 of 10 Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contracto r's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 19. PROTECTION OF WORK AND PROPERTY. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as maybe directly due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall ade quately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passage ways, guard fences, lights, and other facilities for protection required by public authority or local conditions. From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of Page 9 of 10 said work shall be considered as having been included in the unit prices submi tted for the several items of the work to be done under this contract. 20. USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 21. CHANGES IN THE WORK. If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work specified, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of work other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall there by accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of suc h increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul th e obligations of the contract or the agreement for the work. Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work shall be classed as extra work. 22. EXTRA WORK / INCREASED COMPENSATION. The Owner may at any time, by a written order, without notice to the Sureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) By unit prices named in contract and subsequently agreed upon. (b) By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. 23. DEFECTIVE WORK OR MATERIALS. If at any time any materials or workmanship should be discovered which do not comply with the Page 10 of 10 plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Co ntractor's expense. Any work or materials condemned by the Owner as unsuitable, potentially unsafe or improperly done shall be removed and repaired or otherwise remedied by replacement, as the Owner may require. Any defective work regulated by an established OQ covered task shall require the individual, responsible for such failure, to be OQ recertified prior to performing such covered task. If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contr actor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. Page 1 of 30 EXHIBIT C - TECHNICAL SPECIFICATIONS RFP #11-16 B. GENERAL CONDITIONS T.1 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves and valve boxes; concrete valve rings; fittings; tracer wire; marker tape; marker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by CGS. The contractor shall provide all other materials necessary to complete the work. The contractor shall be responsible for all materials disbursed including accurately inventory of such materials. Contractor shall provide a trailer capable of transporting 40' or longer lengths of polyethylene pipe without damaging pipe. T.2 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, CSX railroad, Army Corps of Engineers permit and the Florida Department of Environmental Protection Dredge and Fill Exemption. The contractor is responsible for obtaining any necessary permits with gas meter relocations and shall be listed as the contractor of record for underground gas h ouse piping installations. T.3 JOINING OF PLASTIC PIPE The Contractor shall get prior approval from Clearwater Gas System to use electric fusion couplings. If electric fusion couplings are used for non-contractor convenience, they shall be supplied at an additional cost to the Contractor. The Contractor shall provide either an Central, Innogaz or Friatec universal electro fusion control box, capable of storing a minimum of 100 fusion records, pipe alignment clamp, tapping tee alignment clamp, tapping wrench, pipe scraper, and all other tooling specified by the Electro Fusion machine manufacturer in their respective installation procedures. Contractor shall provide the necessary electric power supply to meet the power requirements as specified by the manufacturer of the fusion equipment. Pipe support stands shall be utilized to support pipe during fusion joining, directional boring pull in, and while lowering of the pipe into the trench. Pipe support stands shall not be spaced greater than 15' apart for directional boring pull in. Pipe shall be supported with stands at all time it is placed on pavement to avoid scratching the pipe surface. The Contractor shall provide a pyronometer capable of testing the temperature of the heating iron, while at fusion t heating iron shall be verified each morning in the presence of the CGS Inspector. More frequent testing may be required at the discretion of CGS Inspector. Both sides of the heater p lates shall be checked for temperature accuracy Note: All fusion and related equipment must be in good working order and properly maintained during project installation. The CGS will inspect the preceding items and reject those not in compliance. The CGS shall have the right to reject any or all equipment judged inadequate to properly fuse Polyethylene Pipe and its Fittings. Page 2 of 30 B. GENERAL REQUIREMENTS T.4 TRAFFIC CONTROL The Contractor shall provide and maintain traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen are used. The Contractor will not be permitted to isolate access to residences or places of business. Traffic on County roads and State highways shall be controlled in accordance with the current standards of the appropriate agency. The contractor shall only utilize Florida certified Maintenance of Traffic (MOT) personnel when installing and maintaining approved work zone maintenance of traffic devices. No roadway shall be closed without proper advanced notification to Clearwater Gas System and the authority having jurisdiction, such as local police and fire. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work force personnel and the safety of the traveling public for the duration of the construction period. T.5 PROGRESS PHOTOGRAPHS The Contractor shall furnish digital photographs, as directed by the Owner, showing the job, before, during and upon completion of the construction. T.6 STANDARDS Wherever in these Contract documents reference is made to any of the following, or other, specifications, codes, standards, and requirements, by abbreviation or name, it shall be understood that the specifications, codes, standards, and requirements in effect on the date of advertisement for bids shall govern. ASTM American Society for Testing Materials ASME American Society for Mechanical Engineers ASA American Standards Association AWWA American Water Works Association NEMA National Electric and Manufacturers Association AIEE American Institute of Electrical Engineers AASHTO American Association of State Highway and Transportation Officials NBFU National Board Fire Underwriters NEC National Electric Code ACI American Concrete Institute AGA American Gas Association AISC American Institute Steel Construction AWPA American Wood Preservers Association Fed. Spec. Federal Specifications U.S. Government SBC Southern Building Code Page 3 of 30 FDOT Florida Department of Transportation NFPA 54 National Fuel Gas Code IFGC International Fuel Gas Code FBC-FG Florida Building Code Fuel Gas "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. T.7 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91 -54). The Contractor shall comply with OSHA 1926 Subpart P Excavation, the State of Florida Trench Safety Act and th e City Of Clearwater Trench Safety Regulations. T.8 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show app roval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. All drill mud and hydraulic oil shall be EPA approved and environmentally friendly. T.9 REPAIR OF DAMAGED SEWER LINES The Contractor shall schedule his work so as to either minimize or completely eliminate any by- pass of raw sewage during construction. All damaged sewer lines shall be repaired immediately and upon notification. T.10 TESTS Tests of material, where required by the specifications, shall be paid for by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. Steel Pipe Inspection Radiography Using X-Ray and Gamma γ Ray on Welds - Radiography is one of the most useful of the non-destructive tests which can be applied for assessing the quality of the welded joints. Radiograph has been used for the inspection of welds of all types and thicknesses ranging from minute welds in electronic components to welds up to half meter thick employed in heavy fabrications. All potential welder operating on CGS facilities shall be weld tested by both destructively and non- destructively methods of evaluation. Welding certification is limited to 6 months before requalification is required. Radiography can detect flaws or discontinuities in welds such as: (i) Cracks. (ii) Porosity and blow holes. (iii) Slag, flux or oxide inclusions. (iv) Lack of fusion between the weld metal and the parent metal (v) Incomplete penetration Page 4 of 30 T.11 WATER AND ELECTRIC POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipula ted for the several items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main through appropriate metering. The Contractor shall make his own arrangements for electric light and power, as may be required for his work. Electric light and power and water shall not be utilized from any location without written consent of the property owner. T.12 DETOURS The Contractor must so schedule his work that in no case are two adjoining parallel streets closed for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and maintaining "Detour" signs when required, or when directed by the Owner. The local fire department and 911 dispatch center shall be notified of any street closures in advance of such closure. T.13 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract; per OSHA 1026.651. T.14 SANITARY MEASURES Sanitary, portable chemical toilets, conveniences for the use of all persons employed on the work shall be provided and maintained by the Contractor in sufficient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations in regard to these matters. Page 5 of 30 T.15 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste material. Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and right of ways in a neat and satisfactory condition. T.16 FAILURE TO CLEAN UP Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. T.17 RESTORATION OF SURFACE The Contractor shall replace all surface material, and shall restore paving with hot asphalt (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that gra nite paving blocks, sound brick, or asphalt paving blocks may be reused. Restoration work should be expedited. T.18 PROJECT RECORD DRAWINGS (AS- BUILTS) The Contractor shall maintain continuous "record" data for the project, including accurate records of location, length, pressure test charts, elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide specific information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. After completion of any portion of the job site, the Contractor shall deliver to CGS a professional drawing of completed work, with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for Gas mains and service lines shall include the location of valves, tees, and offsets dimensions to the nearest permanent objector monument two road centerline measurements. Information to be shown on a submitted as built or service line installation card shall include the distance to the nearest cross street center line, length of service line, measurement from building corner, a north arrow and building number served. The C ontractor will be held responsible for the accuracy of such data and shall bear any monetary costs incurred in finding gas utilities as a result of incorrect data furnished by the Contractor. The contractor shall provide all rod sheets associated with directional boring. Page 6 of 30 C. TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS PART 1 - GENERAL T.19 WORK INCLUDED A. The work included under this Section consists of clearing, excavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. PART 2 - PRODUCTS T.20 BEDDING MATERIAL A. Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock or similar material as approved by the Owner’s Representative. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other fine inorganic material as approved by the Owner’s Representative. T.21 ADDITIONAL BACKFILL MATERIAL A. Additional backfill material shall be a noncohesive, nonplastic granular mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and when placed within 1-foot of piping and appurtenances stones or rocks shall be no larger than 2-inches in diameter (1-inch for PVC). T.22 ROCK SHIELDING A. Rock Shield is a flexible padding designed for the protection of the corrosion coating on pipelines when rocky backfill is encountered. Rock shield shall be placed in all areas where gas mains placement encounter rock type soil conditions that can damage and further impair epoxy coatings or plastic pipelines PART 3 - EXECUTION T.23 CLEARING A. The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplan ted, relocated, braced, shored, or otherwise protected, pre served, replaced and restored unless otherwise directed by the Owner’s Representative. T.24 EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substa nces encountered, to the dimensions and depth shown on the Drawings, or as directed. The contractor shall employ an OSHA 1926 subpart P competent person at each excavation site to promote safe excavation practices. All excavations shall be made by open cut. All existing Page 7 of 30 utilities such as pipes, poles and structures shall be carefully supported and protected from injury, and in case of damage, they shall be restored at no cost to the utility Owner's Representative. B. Trench walls shall be kept to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level 2-feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner’s Representative approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated material. A substantially and safely constructed movable trench box shield, "box" or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8 -inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12 -inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private property. In congested areas, such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. I. Suitable material in excess of backfill requirements and all unsuitable or contaminated material shall become the property of the Contractor and shall be removed from the work and disposed of by the Contractor at his expense. J. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limits of the project as directed by the Owner's Representative. The disposal area shall be finish graded upon completion of the work. K. Any unsafe excavation condition observed by the CGS inspector shall result in the immediate stoppage of the work operation, until the unsafe condition is mitigated Page 8 of 30 T.25 REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures are installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction, when approved by CGS. B. The Contractor shall provide all necessary pumps, underdrains, well -point systems, and other means for removing water from trenches and other parts of the work. The Contractor shall continue dewatering operations until the backfill has progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference wi th the use of the same by the public. CGS is not responsible for, or the disposal of, or any associated costs relating to the disposal of any contaminated ground water. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner’s Representative for approval and shall receive approval before starting the excavation. T.26 PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level 8 -inches below the outside bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with approved pipe bedding materials that are free of rock, sharp objects and debris, up to the level of the lower one-third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate support and bearing under the fitting. B. Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe , at no additional cost to the Owner's Representative. T.27 TRENCH STABILIZATION A. No claim for extras or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of c onstruction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. T.28 BACKFILL A. Backfilling of utility trenches will not be allowed until the work has been approved by the Owner's Representative, pressure tested if required, and the Owner's Representative indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner's Representative shall be uncovered or exposed for inspection at no cost to the Owner's Representative. Partial backfill may be ma de to restrain the pipe during pressure testing. Sight tubes will be installed on underground house piping installations as appropriate intervals for inspection. Page 9 of 30 B. Backfill material shall be non-cohesive, non-plastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within 1 -foot of piping and appurtenances shall not contain any stones or rocks C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner's Representative will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. D. Selected backfill material containing no stone or rocks shall be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Particular attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E. After the backfill has been placed to a level 12-inches over the gas line pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. F. After selected backfill has been placed to a depth of 12-inches over the gas line pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the backfill material in 6-inch layers and thoroughly compacting it with mechanical vibrators. Backfill in this portion of the work shall be compacted to 100 percent of maximum density of the material as hereinafter defined, unless otherwise specified on the plans. G. After the backfill has been placed to a level 30-inches over the gas line pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise spe cified on the plans. H. Within paved areas of trench excavation, the base and surfacing shall be reconstructed as specified under Section 02574 Pavement Removal and Replacement. I. No more than 800-feet of trench with pipe in place shall be partially backfilled at any time. J. Shut Down of Work: When work has shut down for each day, all lines shall be capped, sealed, and pressured to 90 pounds with air. When a Project is not immediately tied-in, plug and seal all openings in the pipe and maintain a minimum of 90 pounds of air pressure. If a pipeline is to be abandoned in place, then disconnect the gas supply source, purge all of t he gas utilizing nitrogen for all gas lines exceeding 1,000 linear feet or 4” pipe size and larger; any length, from the abandoned system, and seal all of the ends. T.29 COMPACTION AND DENSITIES A. Methods of control and testing of backfill construction to be employed in this work are: 1. Maximum density of the material in trenches s hall be determined by AASHTO Designation T-180, unless otherwise noted. 2. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner's Represen tative, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor’s expense. Tests will be made at depths and locations selected by the Owner's Representative. Page 10 of 30 C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. T.30 ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner’s Representative, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner's Representative and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this material shall be performed to protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of Article 3.04 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner's Representative. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the Owner’s Representative and obtain his determination as to whether or not the material will require removal, prior to preparing the pipe bedding. C. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in Article 3.08 Backfill. T.31 ALTERNATE METHOD OF CONSTRUCTION A. General: 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner's Representative, may elect to employ the following alternate method of construction. The concurrence of the Owner's Representative shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner's Representatives shall determine. 2. The construction specifications contained in the preceding parts of this sectio n shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory complet ion of the work. No additional payment will be made to the Contractor for excavation, backfill, sheeting or any costs incurred for work or materials, or any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accordance with the foll owing specifications. All requirements of Article 3.01 through Article 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. Page 11 of 30 T.32 RESTORATION OF EXISTING SURFACES A. Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. All materials required for temporary and permanent street repairs shall include base materials. PART 4 - MEASUREMENT AND PAYMENT T.33 MEASUREMENT A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule . If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.34 PAYMENT A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. D. PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL T.35 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shall be responsible for the protection of all types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. Page 12 of 30 PART 2 - PRODUCTS T.36 MATERIALS A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by current FDOT Specifications. 1. Lime rock shall be Miami or Ocala Lime rock. 2. Bituminous prime coat material shall be cutback asphalt Grade RC-70. 3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2. 4. Hot Asphaltic concrete shall be Type S-I or S-III. 5. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. 6. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A185 and ASTM-A615. PART 3 - EXECUTION T.37 PREPARATION A. Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, extreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. Contractor shall also make necessary acc ommodations to provide a safe path for handicap individuals traveling through the work zone, compliant to ADA. T.38 PERFORMANCE A. Removals: 1. Pavement Removal: a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal shall be minimal. b. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until final restoration. Said surfacing shall remain for 10 days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of final restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. Page 13 of 30 2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a formed joint in the concrete is within 3-feet of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. B. Restorations: 1. General: Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum req uirements. Backfill shall comply with the other sections o f these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180 field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of 24-hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of 24-hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient ex isting material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. The completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. f. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I hot asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. g. Cold patch bagged asphalt is not considered a permanent repair and shall only remain for a period of not exceeding 15 days, whereupon it shall be replaced with FDOT approved “Hot” asphalt. 3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as specified above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. Page 14 of 30 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewalks, walkways, driveways, driveway ribbons and curbs required to be removed for the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform to the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of 4- inch minimum thickness; concrete driveways and driveway ribbons shall be 6-inch minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. 5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or cleanfill material and compacted to a thickness to match the existing base. a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner's Representative. Provision for expansion joints (minimum ½" preformed joint filler) and saw cut joints shall be a part of the restoration work for the drivewa y and roadway. 6. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to the limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches of compacted lime rock base material placed in the top of the trench. PART 4 - MEASUREMENT AND PAYMENT T.39 MEASUREMENT A. The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.40 PAYMENT A. Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. Page 15 of 30 E. NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL T.41 WORK INCLUDED A. The work specified under this Section consists of all labor, services, equipment, materials, labor, testing, associated paperwork and purging required to complete the construction of the gas mains and services; including meter sets and connection to the consumer’s piping system with integrity testing performed of the customer’ system and reinitiating of gas service; consisting of, but not limited to, piping, appurtenances and other accessories as shown on the Drawings and or specifications. PART 2 - PRODUCTS T.42 MATERIALS A. Clearwater Gas System will furnish all gas related material in connection with the installation of gas mains and service lines. Materials will be available for pick -up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary for loading the materials supplied by the City of Clearwater. The CGS will not provide any items, unless specifically stated in the contract. The contractor is responsible for all materials obtained and must adhere to the requirements of contractor vehicle and warehouse audits. Contractor will be responsible for all shortages and monetary reimbursement is required. PART 3 - EXECUTION T.43 LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itself. When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be used in such a manner so as not to damage the pipe itself. Pipe shall not be dragged along the ground surfaces. Page 16 of 30 T.44 INSTALLATION A. Installation shall include excavation whether by trenching machine, backhoe, directional drilling, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The word "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, not less than one foot clearance will be permitted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Trench shall be free of debris, sharp rocks, etc., before adding the sand bed for the new gas main. Sand bed shall have a minimum thickness of 4" below and 12” above the gas main. 2. Before each section of pipe is installed in the line, internal surface shall be suitably clean. 3. The pipeline shall be pigged and safely purged prior to final acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be closed at night to prevent animals or foreign material from entering the pipe line or pipe section. Extreme care must be exercised when moving plastic pipe, support stands and rollers shall be used when fusing and lowering pipe into the trench or bore hole. POLYETHYLENE PIPE SHALL NOT BE DRAGGED ON THE GROUND OR ON PAVED SURFACES. Support/Stands must be used at all time that pipe is placed on paved surfaces. 5. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not be tolerated. 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum 36 -inch depth of cover unless shown otherwise. No gas line shall be installed at a depth of less than 36 inches or greater than 48” inches below finish grade without written approval of the owner. Unless otherwise specified a minimum of 12 inches vertically and 24 inches horizontally shall be maintained between the pipe surface and other utility lines or adjacent foreign structures. In the event that it is not possible to maintain required vertical clearance from other structures, the Contractor shall case the gas main in steel pipe or plastic sheeting topped with concrete at the discretion of the CGS's inspector. 9. Width of ditch shall be no less than twice the pipe diameter. 10. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. 11. Plastic pipe must be installed so as to minimize shear or tensile stresses. 12. Pipe that has scratches, notches, cuts or any other abrasions that exceed 10% of the pipe wall thickness shall be disposed of. The Contractor shall use pipe stands, rollers, spooling devices, or other means to avoid damaging the pipe during Page 17 of 30 installation. Observe pipe during installation for scratches, gouges or other defects. If defects are present, remove and discard defective section of pipe. The CGS Inspector must be notified of all defects and subsequent repairs. 13. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches and labeled D 2513. 14. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains 4 -inches or larger shall be marked by 4-inch wide non-metallic marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where 500 feet of pipe is laid between valves, empty test station boxes shall be installed over the gas main with tracer wire looped up every 500 feet. In commercially zoned areas, plastic marker poles with tracer wire looped up and attached may be substituted for gas test station type valve boxes wi th the inspector's approval. All tracer wire splices shall be made by the use of a direct bury splice kit, electric and duct tape connections are prohibited. Upon completion of the project, and before final payment, the contractor will perform the contin uity check of the tracer wire to ensure and demonstrate to the CGS inspector that there are no separations, and the tracer wire can be used for locating purposes. The Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes, valve box concrete rings, marker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat, with the exception of directio nal drilling placement. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves, valve boxes, marker poles and test stations that are damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to be flush with final grade. Valves and Valve Boxes: Install valves and valve boxes plumb. All boxes shall be installed flush with the finished grade. Support valve box with prefabricated valve box rings or other approved formed and poured concrete material. Adequate backfill shall be placed around the valve boxes and valve extension boxes to prevent any damage or settlement to the pipeline that may be transferred to the pipe through the valve box. Protective sleeves shall be installed over fusion joints and extend through the valve boxes on the polyethylene valve installations. Plastic valves shall be restrained from torque with approved restraints. Gas valves shall be marked by adhesive identification disks affixed to the permanent curb or the permanent pavement and marker poles installed if warranted for visibility. Valves shall be installed at the design marked locations. Val ve restraints are required for 2" valves and larger. Valves shall be installed with the operating nut on top, facing vertically up. CGS will not accept valves that are cocked or oriented in any direction except up. E. Prior to joining, all individual gas main lengths shall be swabbed. All gas mains shall be double pigged prior to initiation of gas service, but after joining has been complete. The pigs used shall be suitable for different size pipes and be designed for polyethylene pipe use. Any pig that could damage the pipe, such as wire brush type pigs suitable for steel pipe shall not be acceptable for use inside plastic mains. Only use of compressed air to drive the pig through the pipe shall be permitted. Page 18 of 30 F. Marker Poles: As the pipeline installation has progressed and before completion, the Contractor shall install marker poles and posts at the locations designated by the CGS construction standard of not to exceed 500 linear foot intervals and prominent locations such as offsets and valve locations Bury the anchor end of all 5- foot posts approximately one- foot deep to attain a uniform height of 4- feet above ground exposure as recommended by the manufacturer and to promote safety in the line of sight. G. All newly installed gas service lines and m ains will be located by the utilization of flags, yellow paint or stakes upon completion of construction and final restoration. T.45 QUALIFICATION OF JOINING PROCEDURES A. Joining procedures shall be in accordance with Section 192.283 of the US Depart ment of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. D. The Construction Coordinator will furnish a copy of the manufacturers recommended Heat Fusion Joining Procedures Manual at the time of certification. E. Butt Fusions: 1. All butt fusions must only be performed by the person(s) qualified by CGS to butt fuse, as certified by testing of the applicable pipe size category. Contractor’s supervisor shall be present during all pipe fusions to insure that all required procedures are adhered to and to witness the quality of each joint. 2. Pipe fusion shall be conducted in accordance with the "Clearwater Gas System Polyethylene Gas Pipe Training Procedures", Ambient temperature shall be between 55° F and 90° F prior to pipe fusion; otherwise pipe shall be protected from direct sunlight and cooled down until the ambient temperature falls within the above temperature range. T.46 QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct such evaluation initially and on an annual basis. Records shall be maintained of personnel qualified to make joints. NON-QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE ALLOWED TO PERFORM POLYETHYLENE JOINING. CGS fusion certifications shall remain in effect for up to one calendar year. C. The Contractor’s Operator Qualification Plan must explain how their em ployees have the ability to identify and safely react to natural gas related Abnormal Operating Conditions that may be encountered. The contractor’s emergency action plan must also describe the necessary actions their employees will take to protect people and then property in the event of gas pipeline failure resulting in a hazardous, flammable atmosphere. Page 19 of 30 T.47 INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Operations Coordinator with concurrence of the Operations Manager. 1. CGS will have OQ certified; polyethylene qualified construction inspector at the various gas construction job sites. The Inspector has the right to sample and evaluate field fusion joints, and reject any fusions not meeting CGS requirements. The Contracto r shall replace all fusions not meeting CGS requirements at his own expense. 2. The Contractor shall also designate a polyethylene qualified supervisor who will be present on site at all times to observe pipe fuser(s). 3. The CGS’s Inspector will employ non-destructive testing methods on polyethylene fusions and reject all deficient fusions. The CGS inspector can request any amount of random fusion samples, cut away from a joined pipeline for destructive testing. T.48 JOINING PLASTIC PIPE A. In general, all plastic joining shall be in accordance with American Standards Code for Pressure Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. C. Each heat fusion joint on plastic pipe must comply with the following: 1. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. T.49 TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to 90 pounds per square inch for MD PE 2406, 150 lbs per square inch for HDPE 3408, or no less than the Maximum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart -type pressure instrument, initially starting at the “0” increment mark and progressing to the testing increment, as testing medium is introduced. Test duration shall be a minimum of 24 hours and longer as required, depending on the complexity and developed length. A 24 -hour test shall be placed on the entire system of mains prior to initiation of gas service. If a portion of the gas service has met the requirements of the leak test and it is possible for the other sections to be tested independently, then the CGS inspector or the designated representative of CGS may approve initiation of gas service for that portion. B. Each day’s work shall be tied into the preceding day’s work and tested overnight. A pressure-time clock gauge with a range no greater than 0 – 200 psig. and in good working order shall be furnished by the Contractor. All testing shall comply with D.O.T. Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.” The location of the project along with the temperature at the time the test pressure is placed upon the pipe shall be recorded on the pressure chart. The pressure charts shall be given to the CGS inspector or the designated representative. In order to Page 20 of 30 facilitate daily testing, appropriate testing apparatus shall be used. Leaks shall be repaired in a manner approved by the CGS or the designated representative of CGS before additional lengths of pipe that need to be tested are added to the main. C. Fusion joints shall be a one-half inch molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. D. Purging Pipes and Fittings: A combustible gas indicator shall be used when purging mains, services and house piping. When purging gas from abandoned lines, the air and the gas must be discharged aboveground at a minimum height of 8’ above grade, and directed away from electric power lines or structures. When purging air from new lines, installation of a 5/8 service saddle and a grounded metallic riser is required at the end or with in four (4) feet from each dead end on all new installations of pipe in order to purge air from all dead ends simultaneously. Release gas into new lines at a rate that will prevent formation of a hazardous mixture of gas and air or precede natural gas with a slug of inert gas, such as nitrogen provided by the contractor at no additional cost to CGS. E. If service lines are installed at the same time as the mains, then service lines shall be included in the testing of the mains. If service lines are installed after gas service has been initiated, then the Contractor shall test each service line individually to stand up to an air test of 90- psig. for thirty (30) minutes. If a leak is discovered, then the Contractor shall immediately make the appropriate repairs, in a method approved by the CGS inspector or the designated representative of CGS. All existing service lines that are disconnected from the main temporarily shall be tested as if they are new lines before being placed back into service. The pressure shall not decrease during the test period. Air pressure shall be held until after soap testing. Soap test the service connection by brushing/ spraying an approved liquid leak detection solution around the tapping tee base at the main, both ends o f the outlet coupling, the outlet connection of the excess flow valve, and the pipe to riser connection in the customer’s yard or business location, and at the meter valve inlet and outlet. If any leaks appear, the CGS’s Inspector will direct appropriate repair procedures. T.50 INSTALLATION - SERVICES A. Service Lines Connected to a Polyethylene Main. All hot taps shall be made by qualified fusers using self-tapping tees Contractor shall install tapping tees at the locations marked by CGS. Bell holes shall be excavated, if installing the gas mains by boring methods, at each tapping tee installation site to provide an adequate work area for installation and inspection of tapping tees. The tapping tees shall be installed in accordance with the CGS Procedures by the person(s) qualified by CGS to install tapping tees. All tapping tee fusions must be left open to be inspected by the CGS Inspector. TAPPING TEES SHALL ONLY BE INSTALLED ON THE TOP OF MAIN. B. The main shall be tapped after the tapping tee fitting and final connections have cooled for the time period specified by the manufacturer and the service line has been soaped and pressure tested. The manufacturer supplied tapping wrench or fitting shall be the only tool used for turning the tapping tee cutter to avoid tapping the backside of the main or loss of the cutter into the main, Allen wrenches shall not be used. C. Mechanical Joints. Compression type mechanical joints to connect polyethylene pipe to steel pipe shall be designed for natural gas use and the gasket material in the coupling must be compatible with the polyethylene pipe. The coupling must be used in combination with an internal tubular rigid stiffener. The preferred method is the utilization of a transition fitting to allow a steel to steel connection using a compression dresser style coupling that can be readily restrained from pull out by a mechanical or welding a rod type clamping device. Joints shall be designed and installed to effectively sustain the longitudinal pull-out forces caused by contraction of the piping or by external loading. Compression couplings shall not Page 21 of 30 be used in above ground installations. All mechanical joint connections shall be noted on the submitted as built drawing, including the coupling manufacturer’s pertinent informatio n. T.51 NATURAL GAS HOUSE (PIPING) PLUMBING A. It is a mandatory requirement of the Natural Gas House (Piping) Plumbing Section that the contractor possesses either a Master Plumbers certified or registered with the State of Florida and locally or a Gas Contractor license registered locally with either PCCLB or Pasco County Building Department, depending where jurisdictionally the work will be performed. B. The work to be performed shall consist of furnishing all necessary labor, tools, equipment, materials, pipe & fittings, supplies, manufactured articles, power, and essential customer communication, labor, and other operations necessary for the modification of existing natural gas house plumbing to accommodate relocation of gas meters including: obtaining r equired permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer piping from a new location and, existing gas piping system code compliant review and subsequent pressure testing – leak check (Drop Test- utilizing a manometer))of the entire house gas plumbing system, and passing required inspections. CGS will reserve the right to mandate the turning on the gas and relighting the applicable appliances. Contractor shall immediately notify CGS dispatch of the “on gas” and complete the required paperwork, including the drop test integrity system testing form, and submit, no later than the following business day. The work shall be complete and performed in strict accordance with the Contract specifications, and in compliance with all applicable codes, CGS requirements, Florida Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipe fitters and plumbers shall be Florida licensed qualified and thoroughly trained and experienced in the skills required, and shall be completely familiar with the design and application of work described. T.52 EXISTING GAS HOUSE PIPING (PLUMBING) A. The modification of the existing gas house piping plumbing shall be performed by the contractor only after receiving written approval from the CGS construction inspector. With the inspector’s authorization the Contractor shall perform all modifications required for gas meter set clearance code compliance of existing natural gas plumbing. B. The Contractor shall remove and dispose of all abandoned existing gas plumbing piping. The Contractor shall not cut into the existing gas plumbing until the CGS inspector verifies the new meter stub-out location. T.53 TESTING A. Contractor shall pay for all testing and retesting required to show compliance with the Contract Specifications, Codes, Regulations, and all other applicable laws. 1. CUSTOMER SYSTEM PRESSURE TEST The Contractor will conduct leakage tests at one and half times the gas delivery pressure for minimum time of 15 minutes on the new completed gas plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. Page 22 of 30 2. CODE COMPLIANCE TESTING: Before turning gas on Before gas is introduced into a system of gas piping, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped. 3. LEAK DETECTION METHODS The leakage shall be located by means of an approved gas detector, a noncorrosive detection fluid or other approved leak detection methods B. The following is an approved procedure for leak testing customer piping systems: Leak tests are required any time there is an interruption of service meaning the flow of gas was stopped for any reason. Florida Fuel Gas Code 406.6.3 (NFPA 54 -8.2.3) states that "Immediately after the gas is turned on into a new system or into a system that has been initially restored after an interruption of service, the piping system shall be tested for leakage. If leakage is indicated, the gas supply shall be shut off until the necessary repairs have been made". The leak test will indicate any leaks within the propane piping system due to interruption of service or out of gas situation. The leakage test is simply testing the integrity of the system plumbing joints and the seal of the pipe joint compound, pip ing fittings, pipe, gas equipment & appliances, valves etc. This is the safety reasoning behind leak testing. The purpose a leak test is performed is the life-safety factor “Protect Life and Then Property and because it is required by Federal Pipeline Safety Laws of CFR 49.192, Florida Building Code adopted law/ ordinance and the gas industry. The leak check tests for leakage throughout the system of piping and appliances. It is used for new and existing gas systems. It is conducted after a system has been successfully pressure tested, inspected and approved. Normally, the leak check is conducted when one of the following occurs: • A system of new gas or modified gas piping is placed into service for the first time (drop test) • A gas leakage is suspected (investigation of an odor complaint) • A gas meter is replaced • An appliance or appliance connector is replaced • An out of gas condition occurs (interruption of service) The pressure test and leak check are often confused. A pressure test is required for new piping installations, while a leak check is required whenever the gas system is initially placed into service or when the gas is turned back on after it has been turned off. Leak checks differ from the pressure test in that it requires no special preparations. The medium used for a leak check is fuel gas at normal supply pressure. The gas is applied to the total system . T.54 LEAK CHECK PROCEDURE The procedure for the leak check is not specified in the NFPA 54- National Fuel Gas Code or the ICC Fuel Gas Code- Florida Fuel Gas Code. Any CGS accepted method can be used, as long as it finds leaks. It is recommended that a written procedure for the method be developed and the steps be taken to ensure that all employees follow the method established; conseq uently every system is tested identically. Page 23 of 30 T.55 TESTING FOR LEAKAGE This test can be done by one of the following methods: For Any Gas System - To an appropriate checkpoint attach a manometer or an appropriate pressure gauge between the inlet to the piping system and the first regulator in the piping system, momentarily turn on the gas supply and observe the gauging device for pressure drop with the gas supply shut off. No evident drop in pressure should occur during a period of 3 minutes. For Gas Systems Using Undiluted Liquefied Petroleum Gas System - Preparation for propane. A leak check performed on an LP Gas System being placed back into service should include all regulators, including appliance regulators, and control valves in the system. Accordingly, each individual equipment shutoff valve should be supplying pressure to its appliance for the leak check. This check will prove the integrity of the 100 percent pilot shut off of each gas valve in the on position. Pilot not incorporating a 100 percent pilot shut off valve and all manual gas valves not incorporating safety shutoff systems are to be placed in the off position prior to leak checking, by using the following methods: By inserting a pressure gauge between the container gas shutoff valve and the first regulator in the system, admitting full container gas pressure to the system and closing the container shutoff valve. Enough gas should be released from the system to lower the pressure gauge reading by 10psi. The system should then be allowed to stand for 3 minutes without showing an increase or decrease in the pressure gauge reading. For systems serving appliances that receive gas at a pressure of ½ psi or less, by inserting a water manometer or appropriate pressure gauge into the system downstream of the final regulator, pressurizing the system with either fuel gas or air to test pressure of 9 in. water column and observing the device for a pressure change. If fuel gas is used as a pressure source, it is necessary to pressurize the system to full operating pressure, close the container service valve, and then release enough gas from the system through a range burner valve or other suitable means to drop the system pressure to 9 in water column. This ensures that all regulators in the system are unlocked and that a leak anywhere in the system is communicated to the gauging device. The gauging device should indicate no lose or gain of pressure for a period of 3 minutes. T.56 WHEN LEAKAGE IS DETECTED When pressure drops on the gauge or manometer is noted, all equipment or outlets supplied through the system should be examined to see whether they are shut off and do not leak. If they are found tight, there is a leak in the piping system. Where leakage is indicated, the gas supply at the meter shall be shut off, locked and slugged until the necessary repairs have been made. CGS dispatch shall be notified ASAP Where leakage or other defects are located, the affected portion of the piping system shall be repaired or replaced and retested. Matches, candles, open flames or other methods that could provide a source of ignition shall not be used. T.57 PLACING GAS EQUIPMENT IN OPERATION Gas utilization equipment / appliances shall be permitted to be placed in operation after the piping system has been tested and determined to be free of leakage and purged in accordance with Section 406.7.2. of the Florida Fuel Gas Code. The Contractor will conduct leakage tests at one and a half times the gas delivery pressure for minimum time of 15 minutes on the existing gas house plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. Other inspections and tests required by the City – County Building Inspector, codes, ordinances, or other legally constituted authority shall be the responsibility of and shall be paid for by the Contractor. Testing of the existing gas house piping plumbing shall be perform ed prior to connecting the new supply line. Page 24 of 30 T.58 TESTING Testing will be in accordance with the Florida Building Code and the CGS leakage testing requirements. T.59 CONTRACTOR'S CONVENIENCE TESTING Inspection and testing performed exclusively for the Contractor's convenience by CGS shall be at the convenience of CGS if available and normal labor rates may be applicable. T.60 SCHEDULE FOR TESTING 1. If applicable, testing shall be scheduled with the Building Department in advance. 2. At least 48 hours notice shall be provided to the Building Department, when permits and testing is required. T.61 COOPERATION WITH THE BUILDING DEPARTMENT Building Inspectors shall have access to the work at all times and all locations where the work is in progress. Contractor shall provide such access to enable the Building Department to perform its functions properly. A. Revising schedule: When changes of construction schedule are necessary during construction, Contractor shall coordinate all such changes with the Building Department as required. B. Adherence to Schedule: When the Building Department is ready to inspect, but is prevented, correction notices fees will be paid for by the contractor . T.62 NATURAL GAS DISTRIBUTION SYSTEM Any incompleteness of the work, all extra charges for testing attributable to the delay will be back- charged to the Contractor and shall not be borne by the CGS. T.63 COORDINATION WITH CUSTOMERS The Contractor is responsible for coordinating access to private property with the homeowners. The Contractor shall notify the property owner/ resident at least 14 days in advance of performing work. Prior to starting work at a specific location the Contractor shall schedule the work with the homeowner or resident, as the customer’s presence during the meter upgrades/ change out work is required. The Contractor shall relight all pilot lights the same day after they install the new gas meter and regulator. Contractor will confirm the regulator settings for the specific flow. No residence shall be shall be left out of gas service overnight. Each residence shall be reconnected and all pilot lights re-lit before the end of the daily work day. Page 25 of 30 F. DIRECTIONAL DRILL UTILITY PLACEMENT PART 1 – GENERAL T.64 WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground gas utilities by directional drill methods. This work shall include all services, equipment, materials, labor and testing required completing the gas utility installation and restoring any disturbed areas to their existing or better conditions. The maximum depth of installed gas facilities shall not exceed four feet unless prior approval is received, since CGS must readily access the facility for maintenance in the future. All underground utilities shall be located and potholed prior to the start of boring. PART 2 - PRODUCTS T.65 MATERIALS A. Plastic Pipe: For all gas pipes over 1" diameter plastic pipe must meet or exceed the following strength and composition standards PE (Polyethylene) ASTM D 2513. 1. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type pipe being used. 2. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of installation, with joints completely set and cured prior to placement of the pipe. B. Drilling Fluids: Drilling Fluids shall consist of a mixture of potable water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. All drilling and hydraulic fluids shall be environmentally frie ndly and approved by the EPA. T.66 EQUIPMENT A. All equipment used in the execution of work shall have the built -in capacity, stability and necessary safety features required to fully comply with these specifications without showing evidence of undue stress or failure. B. It shall be the responsibility of the Contractor to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. C. General Arrangement of Tunnel Boring System : The tunnel boring equipment shall consist of truck-mounted field power unit and a trailer or dolly mounted drill unit. A minimum crew of three people is required to operate the units. 1. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high pressure bentonite cutting fluid to the drill unit. It shall contain a 1,000 gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during Page 26 of 30 tunneling in response to changing soil conditions. The field power unit shall contain the power-takeoff-driven high pressure bentonite pumping system. 2. Directional Drill System: A dolly mounted version of the drill system shall include a thrust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push 10-foot (3-meter) minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of high strength steel which permits them to bend to a 30-foot (9-meter) radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery- operated electronic system used to determine tool depth and location from surfac e and to orient the head for steering. 3. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non-mechanical but essential items shall be in sound condition and replaced immediately when need is apparent. 4. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. 5. Water sluicing methods, jetting with compressed air, or boring or tunne ling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. D. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuum and capacity to remove excess bentonite m ixture from the project site as required or directed by the Owner's Representative. PART 3 - EXECUTION T.67 PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision making capacity concerning the manner and method of carrying out the work specified herein. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to be performed, must be in direct charge and control of the operation at all times. In all cas es the supervisor must be continually present at the project site during the actual crossing operation. Page 27 of 30 T.68 COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. B. The Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. T.69 PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractor. C. Equipment Set-Up: 1. The general operating sequence of the tunneling system shall be as follows: a. The trailer or dolly is positioned at the starting location. b. The tool head and first drill pipe are loaded onto the thrust frame. c. The proper cutting fluid pressure is set on the field power unit. d. The tool is advanced and steered level at the proper depth using the locator to sense tool position. e. More drill pipe is added as the tool is advanced. f. After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep the tool on course. g. Steps "e" and "f" are repeated until the tool advances to the end of the run. h. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. i. The utility is attached to the reamer. j. The drill pipe is withdrawn from the hole pulling the utility. k. Utility connections are made. l. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: 1. In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, Page 28 of 30 when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. 2. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transportation (FDOT) Manual on T raffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. T.70 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented as further specified herein. Any alteration or waiver must be approved by the Engineer. T.71 REPORTING PROCEDURES A. An accurate drill log shall be kept by the Contractor o n all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspector's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every 10 feet along the crossing. All drill logs shall be submitted to CGS at the time of work invoicing. PART 4 - MEASUREMENT AND PAYMENT T.72 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.73 PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. Page 29 of 30 G. SODDING PART 1 - GENERAL T.74 WORK INCLUDED A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass, until rooted. PART 2 – PRODUCTS T.75 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. After sod is installed it shall be maintained until it is rooted, which will necessitate watering frequently T.76 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION T.77 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion, may authorize the elimination of ground preparation. T.78 PLACING SOD A. The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Alon g the edges of such staggered areas, the offsets of individual strips shall not exceed 6 -inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Page 30 of 30 C. On steep slopes, the Contractor shall, if so directed by the Owner's Representative, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. D. Sod which has been cut for more than 72 hours s hall not be used unless specifically authorized by the Owner's Representative after his inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. Sodding shall not be performed when weather and soil conditions are, in the Owner's Representative opinion, unsuitable for proper results. T.79 WATERING A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner's Representative, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). T.80 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass sta nd does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. PART 4 - MEASUREMENT AND PAYMENT T.81 MEASUREMENT A. The quantity of sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.82 PAYMENT A. Payment for sodding shall be made at the prices stated in the Bid Schedule. If a payment item for sodding is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. 2/11/2016 Addendum # 1 ITB #11-16, Installation of Natural Gas Lines Services February 11, 2016 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 11-16, Installation of Natural Gas Lines Services. Please note that Corrections/Additions have been made to the Bid document (copies of corrected pages are attached): Remove: Page 2 (dated original ITB) Replace: Page 2 (2/11/2016) Please add this new page to your copy of the Invitation to Bid and remove the original version of page 2. Page 2, INSTRUCTIONS i.6 has been corrected to require the PERFORMANCE SECURITY and not the BID SECURITY. End of Corrections. All other dates and terms and conditions remain the same in this Invitation to Bid. Vv2015.mm Addendum # 2 ITB #11-16, Installation of Natural Gas Lines Services February 23, 2016 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 11-16, Installation of Natural Gas Lines Services. Note that bid references to "material provided by the contractor" should read "incidental materials provided by the contractor". All primary materials, including pipe, fittings, tees, meters, valves, etc., will be provided by Clearwater Gas System. Question 1: How are we to bid Labor and Equipment Costs? Answer to Question 1: The necessary labor and equipment costs are per occurrence (i.e. Unit of Measure in Bid Pricing) and to be included in the "unit price" of each bid element. "Other Pay Items" page 29, does accommodate less common equipment utilization and labor activities. Question 2: Will CGS be furnishing Rolled Bore Pipe for Bores? Answer to Question 2: PE (plastic) Pipe up to and including 2" pipe is rolled pipe; and will be provided by CGS (see note above). Question 3:What material is the contractor responsible to furnish? Answer to Question 3: The contractor is responsible for all labor, incidental materials, equipment, and administrative paperwork necessary to perform the work. The primary materials will be available from CGS' inventory, in which case the contractor is responsible for reimbursement of all issued materials lost or shortages related to issued material inventory audits. Question 4: The previous contract under ABOVE GROUND EXTERIOR HOUSE PIPING AND METER CONNECT included the meter relight. We do not see this section in the new pricing. How are we to price the meter relight? Answer to Question 4: See ITB #11-16 page 18 for METER AND REGULATOR INSTALLATION for specifications; and page 27 for BID PRICING – METER AND REGULATOR INSTALLATION. End of Questions and Answers All dates and terms and conditions remain the same in this Invitation to Bid. End of Addenda Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2299 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Provide direction on the recommended deployment of a one-way pair roadway system with Coronado Drive and Hamden Drive in the fall of 2016. SUMMARY: The Traffic Operations Division has performed a modeling analysis using traffic counts at various intersections along Coronado Drive and Hamden Drive. These traffic counts have been entered into modeling software based on the Highway Capacity Manual/Synchro and other traffic engineering guidelines. The analysis and modeling presentation which is part of this item was conducted to determine the operation impacts of making Coronado Drive one-way southbound and Hamden Drive one-way northbound on Clearwater Beach. Some operational issues and impacts would be as follows: Coronado’s Volume would change from 10950 vehicles per day to 6380 vehicles per day due to the shift of northbound traffic to Hamden and the shift of southbound traffic from Hamden. Hamden’s Volume would change from 1210 vehicles per day to 5560 vehicles per day due to the shift of northbound traffic from Coronado and the shift of southbound traffic to Coronado. Traffic leaving the parking garages on Coronado would be required to turn right out of the garages and either access Fifth Street or Brightwater Drive to go north. Under this proposal the conversion to one way on Coronado would occur at First Street. This would allow both northbound lanes on Hamden Drive to turn right and go north onto Coronado to the roundabout concurrently. This is because there would be no northbound traffic at that point south of First Street to conflict with the Hamden movements. All of the connecting side streets would be two way allowing for very good cross connectivity between Coronado and Hamden as well as Gulfview Boulevard. The Traffic Operations Division is requesting guidance on whether or not to proceed with the one-way pair deployment in the Fall of 2016. Page 1 City of Clearwater Printed on 4/15/2016 Coronado / Hamden One Way Pairs Based on mid -week PM peak traffic volumes EXISTING CONFIGURATION ONE WAY PAIRS INTERSECTION CAPACITY UTILIZATION AVERAGE DELAY ( sec /vehicle) CAPACITY UTILIZATION AVERAGE DELAY ( sec /vehicle) Coronado Dr @ 1st St 40.4% 1.0 30.4% 0.0 Coronado Dr @ 2nd St 31.0% 0.8 17.9% 0.0 Coronado Dr @ 3rd St 37.9% 0.6 29.1% 0.3 Coronado Dr @ Brightwater 50.0% 0.7 18.7% 0.6 Coronado Dr @ 5th St 48.7% 2.1 18.8% 1.6 Hamden Dr @ Devon 13.3% 1.3 23.8% 0.0 Hamden Dr @ 3rd St 19.5% 1.7 29.1% 0.7 Hamden Dr@ Brightwater 23.9% 4.8 22.6% 1.5 Hamden Dr@ 5th St 21.2% 2.4 22.6% 1.7 Bayside Dr @ Hamden Dr 18.1% 2.5 21.1% 0.5 Coronado Dr @ Hamden Dr 44.2% 0.0 30.1% 0.0 OVERALL NETWORK 31.7% 17.9 24.0% 6.9 Spring break simulation (double volumes) EXISTING CONFIGURATION ONE WAY PAIRS INTERSECTION CAPACITY UTILIZATION AVERAGE DELAY ( sec /vehicle) CAPACITY UTILIZATION AVERAGE DELAY ( sec /vehicle) Coronado Dr @ 1st St 70.7% 2.1 54.1% 0.0 Coronado Dr @ 2nd St 54.4% 3.5 26.0% 0.0 Coronado Dr @ 3rd St 66.3% 1.0 51.6% 0.3 Coronado Dr @ Brightwater 90.6% 1.0 27.3% 0.8 Coronado Dr @ 5th St 66.8% 33.8 30.9% 3.1 Hamden Dr @ Devon 14.2% 2.0 37.6% 0.0 Hamden Dr @ 3rd St 22.5% 1.7 51.6% 1.0 Hamden Dr@ Brightwater 29.4% 5.1 44.9% 2.9 Hamden Dr@ 5th St 25.2% 2.4 38.4% 2.5 Bayside Dr @ Hamden Dr 19.6% 2.7 32.2% 0.6 Coronado Dr @ Hamden Dr 71.3% 0.0 50.1% 0.0 OVERALL NETWORK 48.3% 55.3 40.4% 11.2 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2303 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a construction agreement with CSX Transportation of Jacksonville, Florida in the amount of $374,644.00 for the establishment of a quiet zone along the CSX railroad line between Lakeview Road and Drew Street and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the Federal Railroad Administration’s (FRA) Train Horn Rule, locomotive engineers must sound the train horn in advance of all public grade crossings. To mitigate the impacts of the high decibel train horn, the FRA offers the option of establishing a quiet zone. For crossings within a quiet zone the CSX locomotive engineer would cease sounding the train horn at public grade crossings unless an emergency situation arises. Establishing a quiet zone between Lakeview Road and Drew Street, based on direction from City Council in October 2014, requires that the City upgrade the CSX railroad crossing at Pinellas Street along with upgrading the wiring and circuitry along the CSX corridor. The crossing at Pinellas Street is required to be upgraded with quad gates (railroad arms) to improve safety. The T-intersection crossings at Hendricks Street and Grove Street are also required to be permanently closed in order to establish the quiet zone. Traffic Operations has coordinated with the FRA, CSX, and the State of Florida on the establishment of the quiet zone and there is a possibility that the State of Florida may reimburse the City all or part of the $374,644.00. Additional forms and coordination shall be carried out by Traffic Operations staff upon execution of the agreement and work shall begin thereafter on the above mentioned improvements and upgrades. APPROPRIATION CODE AND AMOUNT: 0315-92559-563700-541-000-0000 $374,644 Sufficient funds are available in Capital Improvement Program project 0315-92559, City-Wide Intersections Improvements. Page 1 City of Clearwater Printed on 4/15/2016 La n e W i d t h : 20 f t . La n e W i d t h : 30 f t . La n e W i d t h : 24 f t . S EAST AVE PA R K S T DR U I D R D DR E W S T PI E R C E S T A S T TU R N E R S T CO U R T S T PI N E S T PI N E L L A S S T FR A N K L I N S T LA U R A S T CL E V E L A N D S T JE F F O R D S S T CH E S T N U T S T N GARDEN AVES GARDEN AVE HE N D R I C K S S T MA G N O L I A D R GR A N D C E N T R A L S T RO G E R S S T LA K E V I E W R D GR O V E S T TU S K A W I L L A S T WELLS CT HA R O L D C T JA S M I N E W A Y MA G N O L I A D R CSX QUIET ZONE Cristian Rubiano 04/01/2016Date: Engineering DepartmentTraffic Engineering Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750www.myClearwater.com Lakeview Road to Drew Sreet Document Path: U:\ArcGIS\MXDs\Greenlea-Otten_Project.mxd Overview 0 490 980245Feet Approved by:Author:Himanshu Patni, PE S MYRTLE AVE PI N E L L A S S T JE F F O R D S S T GR A N D C E N T R A L S T TU S K A W I L L A S T TU S K CSX QUIET ZONE Cristian Rubiano 04/01/2016Date: Engineering DepartmentTraffic Engineering Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750www.myClearwater.com Pinellas Street Improvements Document Path: U:\ArcGIS\MXDs\Greenlea-Otten_Project.mxd PAGE:LOC #1 0 80 16040Feet Approved by:Author:Himanshu Patni, PE N EAST AVE LA U R A S T GR O V E S T HE N D R I C K S S T CSX QUIET ZONE Cristian Rubiano 04/01/2016Date: Engineering DepartmentTraffic Engineering Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750www.myClearwater.com Grove ST / Hendricks ST Closure Document Path: U:\ArcGIS\MXDs\Greenlea-Otten_Project.mxd PAGE: LOC #2 0 30 6015Feet Approved by:Author:Himanshu Patni, PE Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 1 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made as of ______________________, 20____, by and between CSX TRANSPORTATION, INC., a Virginia corporation with its principal place of business in Jacksonville, Florida (“CSXT”), and the City of Clearwater a body corporate and political subdivision of the State of Florida (“Agency”). EXPLANATORY STATEMENT 1. Agency has proposed to construct, or to cause to be constructed, signal improvements at Pinellas Street, which includes the installation of 4-quad gates with sidelights (in the NE, NW, and SW quadrants), 8x8 house with remote monitoring and a GCP-4000, and AC meter service. Install cantilever/gate combos (with back-to-back tip lights) in the NE and SW quadrants; DOT 626794S, RRMP SY 875.58, (the “Project”). 2. Agency has obtained, or will obtain, all authorizations, permits and approvals from all local, state and federal agencies (including Agency), and their respective governing bodies and regulatory agencies, necessary to proceed with the Project and to appropriate all funds necessary to construct the Project. 3. Agency acknowledges that: (i) by entering into this Agreement, CSXT will provide services and accommodations to promote public interest in this Project, without profit or other economic inducement typical of other Agency contractors; (ii) neither CSXT nor its affiliates (including their respective directors, officers, employees or agents) will incur any costs, expenses, losses or liabilities in excess of payments made to CSXT, by or on behalf of Agency or its contractors, pursuant to this Agreement; and (iii) CSXT retains the paramount right to regulate all activities affecting its property and operations. 4. It is the purpose of this Agreement to provide for the terms and conditions upon which the Project may proceed. NOW, THEREFORE, in consideration of the foregoing Explanatory Statement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Project Plans and Specifications 1.1 Preparation and Approval. Pursuant to Exhibit A of this Agreement, all plans, specifications, drawings and other documents necessary or appropriate to the design and construction of the Project shall be prepared, at Agency’s sole cost and expense, by Agency or CSXT or their respective contractors. Project plans, specifications and drawings prepared by or on behalf of Agency shall be subject, at CSXT’s election, to the review and approval of CSXT. Such plans, specifications and drawings, as Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 2 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 prepared or approved by CSXT, are referred to as the “Plans”, and shall be incorporated and deemed a part of this Agreement. Plans prepared or submitted to and approved by CSXT as of the date of this Agreement are set forth in Exhibit B to this Agreement. 1.2 Effect of CSXT Approval or Preparation of Plans. By its review, approval or preparation of Plans pursuant to this Agreement, CSXT signifies only that such Plans and improvements constructed in accordance with such Plans satisfy CSXT’s requirements. CSXT expressly disclaims all other representations and warranties in connection with the Plans, including, but not limited to, the integrity, suitability or fitness for the purposes of Agency or any other persons of the Plans or improvements constructed in accordance with the Plans. 1.3 Compliance with Plans. The Project shall be constructed in accordance with the Plans. 2. Allocation and Conduct of Work Work in connection with the Project shall be allocated and conducted as follows: 2.1 CSXT Work. Subject to timely payment of Reimbursable Expenses as provided by Section 4, CSXT shall provide, or cause to be provided, the services as set forth by Exhibit A to this Agreement. Agency agrees that CSXT shall provide all services that CSXT deems necessary or appropriate (whether or not specified by Exhibit A) to preserve and maintain its property and operations, without impairment or exposure to liability of any kind and in compliance with all applicable federal, state and local regulations and CSXT’s contractual obligations, including, but not limited to, CSXT’s existing or proposed third party agreements and collective bargaining agreements. 2.2 Agency Work. Agency shall perform, or cause to be performed, all work as set forth by Exhibit A, at Agency’s sole cost and expense. 2.3 Conduct of Work. CSXT shall commence its work under this Agreement following: (i) delivery to CSXT of a notice to proceed from Agency; (ii) payment of Reimbursable Expenses (as provided by Section 4.1) as required by CSXT prior to the commencement of work by CSXT; (iii) issuance of all permits, approvals and authorizations necessary or appropriate for such work; and (iv) delivery of proof of insurance acceptable to CSXT, as required by Section 9. The initiation of any services by CSXT pursuant to this Agreement, including, but not limited to, the issuance of purchase orders or bids for materials or services, shall constitute commencement of work for the purposes of this Section. The parties intend that all work by CSXT or on CSXT property shall conclude no later than one calendar year from date of executed agreement, unless the parties mutually agree to extend such date. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 3 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 3. Special Provisions. Agency shall observe and abide by, and shall require its contractors (“Contractors”) to observe and abide by the terms, conditions and provisions set forth in Exhibit C to this Agreement (the “Special Provisions”). To the extent that Agency performs Project work itself, Agency shall be deemed a Contractor for purposes of this Agreement. Agency further agrees that, prior to the commencement of Project work by any third party Contractor, such Contractor shall execute and deliver to CSXT Schedule I to this Agreement to acknowledge Contractor’s agreement to observe and abide by the terms and conditions of this Agreement. 4. Cost of Project and Reimbursement Procedures 4.1 Reimbursable Expenses. Agency shall reimburse CSXT for all costs and expenses incurred by CSXT in connection with the Project, including, without limitation: (1) all out of pocket expenses, (2) travel and lodging expenses, (3) telephone, facsimile, and mailing expenses, (4) costs for equipment, tools, materials and supplies, (5) sums paid to CSXT’s consultants and subcontractors, and (6) CSXT labor in connection with the Project, together with CSXT labor overhead percentages established by CSXT pursuant to applicable law (collectively, “Reimbursable Expenses”). Reimbursable Expenses shall also include expenses incurred by CSXT prior to the date of this Agreement to the extent identified by the Estimate provided pursuant to Section 4.2. 4.2 Estimate. CSXT has estimated the total Reimbursable Expenses for the Project as shown on Exhibit D (the “Estimate”, as amended or revised). In the event CSXT anticipates that actual Reimbursable Expenses for the Project may exceed such Estimate, it shall provide Agency with the revised Estimate of the total Reimbursable Expenses, together with a revised Payment Schedule (as defined by Section 4.3.1), for Agency’s approval and confirmation that sufficient funds have been appropriated to cover the total Reimbursable Expenses of such revised Estimate. CSXT may elect, by delivery of notice to Agency, to immediately cease all further work on the Project, unless and until Agency provides such approval and confirmation. 4.3 Payment Terms. 4.3.1 Agency shall pay CSXT for Reimbursable Expenses in the amounts and on the dates set forth in the Payment Schedule as shown on Exhibit E (the “Payment Schedule”, as revised pursuant to Section 4.2). CSXT agrees to submit invoices to Agency for such amounts and Agency shall remit payment to CSXT at the later of thirty (30) days following delivery of each such invoice to Agency or, the payment date (if any) set forth in the Payment Schedule. 4.3.2 Following completion of the Project, CSXT shall submit to Agency a final invoice that reconciles the total Reimbursable Expenses incurred by CSXT against the total payments received from Agency. Agency shall pay to CSXT the Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 4 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 amount by which Reimbursable Expenses exceed total payments as shown by the final invoice, within thirty (30) days following delivery of such invoice to Agency. In the event that the payments received by CSXT from Agency exceed the Reimbursable Expenses, CSXT shall remit such excess to Agency. 4.3.3 In the event that Agency fails to pay CSXT any sums due CSXT under this Agreement: (i) Agency shall pay CSXT interest at the lesser of 1.0% per month or the maximum rate of interest permitted by applicable law on the delinquent amount until paid in full; and (ii) CSXT may elect, by delivery of notice to Agency: (A) to immediately cease all further work on the Project, unless and until Agency pays the entire delinquent sum, together with accrued interest; and/or (B) to terminate this Agreement. 4.3.4 All invoices from CSXT shall be delivered to Agency in accordance with Section 16 of this Agreement. All payments by Agency to CSXT shall be made by certified check and mailed to the following address or such other address as designated by CSXT’s notice to Agency: CSX Transportation, Inc. P.O. Box 116651 Atlanta, GA 30368-6651 4.4 Effect of Termination. Agency’s obligation to pay to CSXT Reimbursable Expenses in accordance with Section 4 shall survive termination of this Agreement for any reason. 5. Appropriations Agency represents to CSXT that: (i) Agency has appropriated funds sufficient to reimburse CSXT for the Reimbursable Expenses encompassed by the Estimate attached as Exhibit D; (ii) Agency shall use its best efforts to obtain appropriations necessary to cover Reimbursable Expenses encompassed by subsequent Estimates approved by Agency; and (iii) Agency shall promptly notify CSXT in the event that Agency is unable to obtain such appropriations. 6. Easements and Licenses 6.1 Agency Obligation. Agency shall acquire all necessary licenses, permits and easements required for the Project. 6.2 Temporary Construction Licenses. Insofar as it has the right to do so, CSXT hereby grants Agency a nonexclusive license to access and cross CSXT’s property, to the extent necessary for the construction of the Project (excluding ingress or egress over public grade crossings), along such routes and upon such terms as may be defined and imposed by CSXT and such temporary construction easements as may be designated on the Plans approved by CSXT. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 5 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 6.3 Permanent Easements. Insofar as it has the right to do so, CSXT shall grant, without warranty to Agency, easements for the use and maintenance of the Project wholly or partly on CSXT property as shown on the Plans approved by CSXT, if any, on terms and conditions and at a price acceptable to the parties. Upon request by CSXT, Agency shall furnish to CSXT descriptions and plat plans for the easements. 7. Permits At its sole cost and expense, Agency shall procure all permits and approvals required by any federal, state, or local governments or governmental agencies for the construction, maintenance and use of the Project, copies of which shall be provided to CSXT. 8. Termination 8.1 By Agency. For any reason, Agency may, as its sole remedy, terminate this Agreement by delivery of notice to CSXT. Agency shall not be entitled to otherwise pursue claims for consequential, direct, indirect or incidental damages or lost profits as a consequence of CSXT’s default or termination of this Agreement or Work on the Project by either party. 8.2 By CSXT. In addition to the other rights and remedies available to CSXT under this Agreement, CSXT may terminate this Agreement by delivery of notice to Agency in the event Agency or its Contractors fail to observe the terms or conditions of this Agreement and such failure continues more than ten (10) business days following delivery of notice of such failure by CSXT to Agency. 8.3 Consequences of Termination. If the Agreement is terminated by either party pursuant to this Section or any other provision of this Agreement, the parties understand that it may be impractical for them to immediately stop the Work. Accordingly, they agree that, in such instance a party may continue to perform Work until it has reached a point where it may reasonably and safely suspend the Work. Agency shall reimburse CSXT pursuant to this Agreement for the Work performed, plus all costs reasonably incurred by CSXT to discontinue the Work and protect the Work upon full suspension of the same, the cost of returning CSXT’s property to its former condition, and all other costs of CSXT incurred as a result of the Project up to the time of full suspension of the Work. Termination of this Agreement or Work on the Project, for any reason, shall not diminish or reduce Agency’s obligation to pay CSXT for Reimbursable Expenses incurred in accordance with this Agreement. In the event of the termination of this Agreement or the Work for any reason, CSXT’s only remaining obligation to Agency shall be to refund to Agency payments made to CSXT in excess of Reimbursable Expenses in accordance with Section 4. 9. Insurance In addition to the insurance that Agency requires of its Contractor, Agency shall acquire or require its Contractor to purchase and maintain insurance in compliance with Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 6 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 CSXT’s insurance requirements attached to this Agreement as Exhibit F. Neither Agency nor Contractor shall commence work on the Project until such policy or policies have been submitted to and approved by CSXT’s Risk Management Department. 10. Ownership and Maintenance 10.1 By Agency. Agency shall maintain and repair, at its sole cost and expense, all parts comprising the permanent aspects of the Project, as shown by the Plans, consisting of roadway pavement up to the outer ends of the railroad cross ties, sidewalks, guardrails, and curbs, in good and safe condition to CSXT’s satisfaction. In the event Agency fails to do so after reasonable notice from CSXT (unless an emergency condition exists or is imminent in the opinion of CSXT that requires immediate action), CSXT may perform such maintenance and repair, at Agency’s sole cost and expense. 10.2 By CSXT. CSXT shall maintain and repair the crossing surface between the ends of its cross ties and its signal facilities at the crossing, at Agency’s sole cost and expense. 10.3 Alterations. Agency shall not undertake any alteration, modification or expansion of the Project, without the prior written approval of CSXT, which may be withheld for any reason, and the execution of such agreements as CSXT may require. CSXT may undertake alterations of its property, track or facilities and shall be reimbursed by Agency for the expenses incurred by CSXT with respect to the removal and restoration of the crossing in connections with such alteration. 11. Indemnification 11.1 Generally. To the maximum extent permitted by applicable law, Agency and its Contractors shall indemnify, defend, and hold CSXT and its affiliates harmless from and against all claims, demands, payments, suits, actions, judgments, settlements, and damages of every nature, degree, and kind (including direct, indirect, consequential, incidental, and punitive damages), for any injury to or death to any person(s) (including, but not limited to the employees of CSXT, its affiliates, Agency or its Contractors), for the loss of or damage to any property whatsoever (including but not limited to property owned by or in the care, custody, or control of CSXT, its affiliates, Agency or its Contractors, and environmental damages and any related remediation brought or recovered against CSXT and its affiliates), arising directly or indirectly from the negligence, recklessness or intentional wrongful misconduct of the Contractors, Agency, and their respective agents, employees, invitees, contractors, or its contractors’ agents, employees or invitees in the performance of work in connection with the Project or activities incidental thereto, or from their presence on or about CSXT’s property. The foregoing indemnification obligation shall not be limited to the insurance coverage required by this Agreement, except to the extent required by law or otherwise expressly provided by this Agreement. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 7 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 11.2 Compliance with Laws. Agency shall comply, and shall require its Contractors to comply, with any federal, state, or local laws, statutes, codes, ordinances, rules, and regulations applicable to its construction and maintenance of the Project. Agency’s Contractors shall indemnify, defend, and hold CSXT and its affiliates harmless with respect to any fines, penalties, liabilities, or other consequences arising from breaches of this Section. 11.3 “CSXT Affiliates”. For the purpose of this Section 11, CSXT’s affiliates include CSX Corporation and all entities, directly or indirectly, owned or controlled by or under common control of CSXT or CSX Corporation and their respective officers, directors, employees and agents. 11.4 Notice of Incidents. Agency and its Contractor shall notify CSXT promptly of any loss, damage, injury or death arising out of or in connection with the Project work. 11.5 Survival. The provisions of this Section 11 shall survive the termination or expiration of this Agreement. 11.6 Notwithstanding anything contained herein to the contrary, Section 11 shall not be construed as a waiver of any immunity to which Agency is entitled or the extent of any limitation of liability pursuant to Florida Statute 768.28. Furthermore, this section is not intended to nor shall it be interpreted as limiting or in any way affecting any defense Agency may have under Florida Statute 768.28, or as consent to be sued by third parties. 12. Independent Contractor The parties agree that neither Agency nor its Contractors shall be deemed either agents or independent contractors of CSXT. Except as otherwise provided by this Agreement, CSXT shall exercise no control whatsoever over the employment, discharge, compensation of, or services rendered by Agency or Agency’s Contractors, or the construction practices, procedures, and professional judgment employed by Agency or its Contractor to complete the Project. Notwithstanding the foregoing, this Section 12 shall in no way affect the absolute authority of CSXT to prohibit Agency or its Contractors or anyone from entering CSXT’s property, or to require the removal of any person from its property, if it determines, in its sole discretion, that such person is not acting in a safe manner or that actual or potential hazards in, on or about the Project exist. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 8 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 13. “Entire Agreement” This Agreement embodies the entire understanding of the parties, may not be waived or modified except in a writing signed by authorized representatives of both parties, and supersedes all prior or contemporaneous written or oral understandings, agreements or negotiations regarding its subject matter. In the event of any inconsistency between this Agreement and the Exhibits, the more specific terms of the Exhibits shall be deemed controlling. 14. Waiver If either party fails to enforce its respective rights under this Agreement, or fails to insist upon the performance of the other party’s obligations hereunder, such failure shall not be construed as a permanent waiver of any rights or obligations in this Agreement. 15. Assignment CSXT may assign this Agreement and all rights and obligations herein to a successor in interest, parent company, affiliate, or future affiliate. Upon assignment of this Agreement by CSXT and the assumption of CSXT’s assignee of CSXT’s obligations under this Agreement, CSXT shall have no further obligation under this Agreement. Agency shall not assign its rights or obligations under this Agreement without CSXT’s prior consent, which consent may be withheld for any reason. 16. Notices All notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered upon personal delivery, upon the expiration of three (3) days following mailing by first class U.S. mail, or upon the next business day following mailing by a nationally recognized overnight carrier, to the parties at the addresses set forth below, or such other addresses as either party may designate by delivery of prior notice to the other party: If to CSXT: CSX Transportation, Inc. 500 Water Street, J-301 Jacksonville, Florida 32202 Attention: Director Project Management – Public Projects If to Agency: Paul Bertels Manager Traffic Operations City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 17. Severability The parties agree that if any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with any applicable federal, state, or local law or regulation, such part, term or provision shall be severable, with the remainder of the Agreement remaining valid and enforceable. 18. Applicable Law This Agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law rules. The parties further agree that the venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Duval Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 9 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 County, Florida, and the parties agree to submit to the personal jurisdiction of any State or Federal court situated in Pinellas County, Florida. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 10 Clearwater, Pinellas County, FL; Signal Improvements; DOT 626794S; RRMP SY 875.58 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate, each by its duly authorized officers, as of the date of this Agreement. CITY OF CLEARWATER By: Name: Title: CSX TRANSPORTATION, INC. By: Tony C. Bellamy Director Project Management – Public Projects Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 A-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 EXHIBIT A ALLOCATION OF WORK Subject to Section 2.1, work to be performed in connection with the Project is allocated as follows: A. Agency shall let by contract to its Contractors: 1. Maintenance of Traffic (MOT) 2. Roadway signage, including pavement markings B. CSXT shall perform or cause to be performed: 1. Installation of flashing lights and gates, etc. 2. Changes in communication and signal lines. 3. Flagging services and other protective services and devices as may be necessary. 4. Construction engineering and inspection to protect the interests of CSXT. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 B-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 EXHIBIT B PLANS AND SPECIFICATIONS Plans, Specifications and Drawings: As of the date of this Agreement, the following plans, specifications and drawings have been submitted by Agency to CSXT for its review and approval: SHEET DESCRIPTION PREPARER DATE 1 of 1 Proposed Crossing Layout (H01) Xorail 02/09/2016 Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 EXHIBIT C CSXT SPECIAL PROVISIONS DEFINITIONS: As used in these Special Provisions, all capitalized terms shall have the meanings ascribed to them by the Agreement, and the following terms shall have the meanings ascribed to them below: “CSXT” shall mean CSX Transportation, Inc., its successors and assigns. “CSXT Representative” shall mean the authorized representative of CSX Transportation, Inc. “Agreement” shall mean the Agreement between CSXT and Agency dated as of _______________________________, as amended from time to time. “Agency” shall mean the City of Clearwater. “Agency Representative” shall mean the authorized representative of the City of Clearwater. “Contractor” shall have the meaning ascribed to such term by the Agreement. “Work” shall mean the Project as described in the Agreement. I. AUTHORITY OF CSXT ENGINEER The CSXT Representative shall have final authority in all matters affecting the safe maintenance of CSXT operations and CSXT property, and his or her approval shall be obtained by the Agency or its Contractor for methods of construction to avoid interference with CSXT operations and CSXT property and all other matters contemplated by the Agreement and these Special Provisions. II. INTERFERENCE WITH CSXT OPERATIONS A. Agency or its Contractor shall arrange and conduct its work so that there will be no interference with CSXT operations, including train, signal, telephone and telegraphic services, or damage to CSXT’s property, or to poles, wires, and other facilities of tenants on CSXT’s Property or right-of-way. Agency or its Contractor shall store materials so as to prevent trespassers from causing damage to trains, or CSXT Property. Whenever Work is likely to affect the operations or safety of trains, the method of doing such Work shall first be submitted to the Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-2 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 CSXT Representative for approval, but such approval shall not relieve Agency or its Contractor from liability in connection with such Work. B. If conditions arising from or in connection with the Project require that immediate and unusual provisions be made to protect train operation or CSXT’s property, Agency or its Contractor shall make such provision. If the CSXT Representative determines that such provision is insufficient, CSXT may, at the expense of Agency or its Contractor, require or provide such provision as may be deemed necessary, or cause the Work to cease immediately. III. NOTICE OF STARTING WORK. Agency or its Contractor shall not commence any work on CSXT Property or rights-of-way until it has complied with the following conditions: A. Notify CSXT in writing of the date that it intends to commence Work on the Project. Such notice must be received by CSXT at least ten business days in advance of the date Agency or its Contractor proposes to begin Work on CSXT property. The notice must refer to this Agreement by date. If flagging service is required, such notice shall be submitted at least thirty (30) business days in advance of the date scheduled to commence the Work. B. Obtain authorization from the CSXT Representative to begin Work on CSXT property, such authorization to include an outline of specific conditions with which it must comply. C. Obtain from CSXT the names, addresses and telephone numbers of CSXT’s personnel who must receive notice under provisions in the Agreement. Where more than one individual is designated, the area of responsibility of each shall be specified. IV. WORK FOR THE BENEFIT OF THE CONTRACTOR A. No temporary or permanent changes to wire lines or other facilities (other than third party fiber optic cable transmission systems) on CSXT property that are considered necessary to the Work are anticipated or shown on the Plans. If any such changes are, or become, necessary in the opinion of CSXT or Agency, such changes will be covered by appropriate revisions to the Plans and by preparation of a force account estimate. Such force account estimate may be initiated by either CSXT or Agency, but must be approved by both CSXT and Agency. Agency or Contractor shall be responsible for arranging for the relocation of the third party fiber optic cable transmission systems, at no cost or expense to CSXT. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-3 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 B. Should Agency or Contractor desire any changes in addition to the above, then it shall make separate arrangements with CSXT for such changes to be accomplished at the Agency or Contractor’s expense. V. HAUL ACROSS RAILROAD A. If Agency or Contractor desires access across CSXT property or tracks at other than an existing and open public road crossing in or incident to construction of the Project, the Agency or Contractor must first obtain the permission of CSXT and shall execute a license agreement or right of entry satisfactory to CSXT, wherein Agency or Contractor agrees to bear all costs and liabilities related to such access. B. Agency and Contractor shall not cross CSXT’s property and tracks with vehicles or equipment of any kind or character, except at such crossing or crossings as may be permitted pursuant to this section. VI. COOPERATION AND DELAYS A. Agency or Contractor shall arrange a schedule with CSXT for accomplishing stage construction involving work by CSXT. In arranging its schedule, Agency or Contractor shall ascertain, from CSXT, the lead time required for assembling crews and materials and shall make due allowance therefore. B. Agency or Contractor may not charge any costs or submit any claims against CSXT for hindrance or delay caused by railroad traffic; work done by CSXT or other delay incident to or necessary for safe maintenance of railroad traffic; or for any delays due to compliance with these Special Provisions. C. Agency and Contractor shall cooperate with others participating in the construction of the Project to the end that all work may be carried on to the best advantage. D. Agency and Contractor understand and agree that CSXT does not assume any responsibility for work performed by others in connection the Project. Agency and Contractor further understand and agree that they shall have no claim whatsoever against CSXT for any inconvenience, delay or additional cost incurred by Agency or Contractor on account of operations by others. Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-4 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 VII. STORAGE OF MATERIALS AND EQUIPMENT Agency and Contractor shall not store their materials or equipment on CSXT’s property or where they may potentially interfere with CSXT’s operations, unless Agency or Contractor has received CSXT Representative’s prior written permission. Agency and Contractor understand and agree that CSXT will not be liable for any damage to such materials and equipment from any cause and that CSXT may move, or require Agency or Contractor to move, such material and equipment at Agency’s or Contractor’s sole expense. To minimize the possibility of damage to the railroad tracks resulting from the unauthorized use of equipment, all grading or other construction equipment that is left parked near the tracks unattended by watchmen shall be immobilized to the extent feasible so that it cannot be moved by unauthorized persons. VIII. CONSTRUCTION PROCEDURES A. General 1. Construction work on CSXT property shall be subject to CSXT’s inspection and approval. 2. Construction work on CSXT property shall be in accord with CSXT’s written outline of specific conditions and with these Special Provisions. 3. Contractor shall observe the terms and rules of the CSXT Safe Way manual, which Agency and Contractor shall be required to obtain from CSXT, and in accord with any other instructions furnished by CSXT or CSXT’s Representative. B. Blasting 1. Agency or Contractor shall obtain CSXT Representative’s and Agency Representative’s prior written approval for use of explosives on or adjacent to CSXT property. If permission for use of explosives is granted, Agency or Contractor must comply with the following: a. Blasting shall be done with light charges under the direct supervision of a responsible officer or employee of Agency or Contractor. b. Electric detonating fuses shall not be used because of the possibility of premature explosions resulting from operation of two-way train radios. c. No blasting shall be done without the presence of an authorized representative of CSXT. At least 10 days’ advance notice to Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-5 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 CSXT Representative is required to arrange for the presence of an authorized CSXT representative and any flagging that CSXT may require. d. Agency or Contractor must have at the Project site adequate equipment, labor and materials, and allow sufficient time, to (i) clean up (at Agency’s expense) debris resulting from the blasting without any delay to trains; and (ii) correct (at Agency’s expense) any track misalignment or other damage to CSXT’s property resulting from the blasting, as directed by CSXT Representative, without delay to trains. If Agency’s or Contractor’s actions result in delay of any trains, including Amtrak passenger trains, Agency shall bear the entire cost thereof. e. Agency and Contractor shall not store explosives on CSXT property. 2. CSXT Representative will: a. Determine the approximate location of trains and advise Agency or Contractor of the approximate amount of time available for the blasting operation and clean-up. b. Have the authority to order discontinuance of blasting if, in his or her opinion, blasting is too hazardous or is not in accord with these Special Provisions. IX. MAINTENANCE OF DITCHES ADJACENT TO CSXT TRACKS Agency or Contractor shall maintain all ditches and drainage structures free of silt or other obstructions that may result from their operations. Agency or Contractor shall provide erosion control measures during construction and use methods that accord with applicable state standard specifications for road and bridge construction, including either (1) silt fence; (2) hay or straw barrier; (3) berm or temporary ditches; (4) sediment basin; (5) aggregate checks; and (6) channel lining. All such maintenance and repair of damages due to Agency’s or Contractor’s operations shall be performed at Agency’s expense. X. FLAGGING / INSPECTION SERVICE A. CSXT has sole authority to determine the need for flagging required to protect its operations and property. In general, flagging protection will be required whenever Agency or Contractor or their equipment are, or are likely to be, Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-6 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 working within fifty (50) feet of live track or other track clearances specified by CSXT, or over tracks. B. Agency shall reimburse CSXT directly for all costs of flagging that is required on account of construction within CSXT property shown in the Plans, or that is covered by an approved plan revision, supplemental agreement or change order. C. Agency or Contractor shall give a minimum of 10 days’ advance notice to CSXT Representative for anticipated need for flagging service. No work shall be undertaken until the flag person(s) is/are at the job site. If it is necessary for CSXT to advertise a flagging job for bid, it may take up to 90-days to obtain this service, and CSXT shall not be liable for the cost of delays attributable to obtaining such service. D. CSXT shall have the right to assign an individual to the site of the Project to perform inspection service whenever, in the opinion of CSXT Representative, such inspection may be necessary. Agency shall reimburse CSXT for the costs incurred by CSXT for such inspection service. Inspection service shall not relieve Agency or Contractor from liability for its Work. E. CSXT shall render invoices for, and Agency shall pay for, the actual pay rate of the flagpersons and inspectors used, plus standard additives, whether that amount is above or below the rate provided in the Estimate. If the rate of pay that is to be used for inspector or flagging service is changed before the work is started or during the progress of the work, whether by law or agreement between CSXT and its employees, or if the tax rates on labor are changed, bills will be rendered by CSXT and paid by Agency using the new rates. Agency and Contractor shall perform their operations that require flagging protection or inspection service in such a manner and sequence that the cost of such will be as economical as possible. XI. UTILITY FACILITIES ON CSXT PROPERTY Agency shall arrange, upon approval from CSXT, to have any utility facilities on or over CSXT Property changed as may be necessary to provide clearances for the proposed trackage. XII. CLEAN-UP Agency or Contractor, upon completion of the Project, shall remove from CSXT’s Property any temporary grade crossings, any temporary erosion control measures used to control drainage, all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings belonging to Agency or Contractor. Agency or Contractor, upon Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 C-7 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 completion of the Project, shall leave CSXT Property in neat condition, satisfactory to CSXT Representative. XIII. FAILURE TO COMPLY If Agency or Contractor violate or fail to comply with any of the requirements of these Special Provisions, (a) CSXT may require Agency and/or Contractor to vacate CSXT Property; and (b) CSXT may withhold monies due Agency and/or Contractor; (c) CSXT may require Agency to withhold monies due Contractor; and (d) CSXT may cure such failure and the Agency shall reimburse CSXT for the cost of curing such failure. CSX TRANSPORTATION, INC. FORCE ACCOUNT ESTIMATE Page 1 Project Summary Sheet ACCT. CODE : 709 - FL2078 ESTIMATE SUBJECT TO REVISION AFTER: 8/30/2016 DOT NO.: 626794S CITY:COUNTY:Pinellas STATE:FL DIVISION:Jacksonville SUB-DIV:Clearwater MILE POST:SY 875.58 AGENCY PROJECT NUMBER:City of Clearwater PRELIMINARY ENGINEERING: 212 Contracted & Administrative Engineering Services -$ Subtotal -$ CONSTRUCTION ENGINEERING/INSPECTION: 212 Contracted & Administrative Engineering Services 4,000$ Subtotal 4,000$ FLAGGING SERVICE: (Contract Labor) 070 Labor (Conductor-Flagman)Days @ 350.00$ -$ 050 Labor (Foreman/Inspector)Days @ 392.00$ -$ 070 Additive 113.98% (Transportation Department)-$ 050 Additive 118.39% (Engineering Department)-$ 230 Per Diem (Engineering Department)Days @ 75.00$ -$ 230 Expenses Days @ 45.00$ -$ Subtotal -$ SIGNAL & COMMUNICATIONS WORK:336,586$ TRACK WORK:-$ PROJECT SUBTOTAL 340,586$ 900 CONTINGENCIES:10.00%34,059$ GRAND TOTAL *****************************************************374,644$ DIVISION OF COST: Agency 100.00%374,644$ Railroad -$ TOTAL *****************************************************374,644$ NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. Office of Assistant Chief Engineer Public Projects--Jacksonville, Florida Estimated prepared by:C. Showman Approved by:JAS CSXT Public Project Group DATE: 3/3/2016 REVISED: DATE: 03/03/16 This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and other factors known as of the date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, and/or other conditions that become apparent once construction commences or during the progress of the work Pinellas Street: Modify the crossing to accommodate a quiet zone - install 4-quad gates with sidelights, new house with remote monitoring and constant warning detection, and new AC meter service. Install cantilever/gate combos in the NE and SW quadrants. DESCRIPTION: Clearwater Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 E-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 EXHIBIT E PAYMENT SCHEDULE Advance Payment in Full Upon execution and delivery of notice to proceed with the Project, Agency will deposit with CSXT a sum equal to the Reimbursable Expenses, as shown by the Estimate. If CSXT anticipates that it may incur Reimbursable Expenses in excess of the deposited amount, CSXT will request an additional deposit equal to the then remaining Reimbursable Expenses which CSXT estimates that it will incur. CSXT shall request such additional deposit by delivery of invoices to Agency. Agency shall make such additional deposit within 30 days following delivery of such invoice to Agency. . Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 F-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 EXHIBIT F INSURANCE REQUIREMENTS I. Insurance Policies: Agency and Contractor, if and to the extent that either is performing work on or about CSXT’s property, shall procure and maintain the following insurance policies: 1. Commercial General Liability coverage at their sole cost and expense with limits of not less than $5,000,000 in combined single limits for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. 2. Statutory Worker’s Compensation and Employers Liability Insurance with limits of not less than $1,000,000, which insurance must contain a waiver of subrogation against CSXT and its affiliates (if permitted by state law). 3. Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. 4. Railroad protective liability insurance with limits of not less than $5,000,000 combined single limit for bodily injury and/or property damage per occurrence and an aggregate annual limit of $10,000,000, which insurance shall satisfy the following additional requirements: a. The Railroad Protective Insurance Policy must be on the ISO/RIMA Form of Railroad Protective Insurance - Insurance Services Office (ISO) Form CG 00 35. b. CSX Transportation must be the named insured on the Railroad Protective Insurance Policy. c. Name and Address of Contractor and Agency must be shown on the Declarations page. d. Description of operations must appear on the Declarations page and must match the Project description, including project or contract identification numbers. e. Authorized endorsements must include the Pollution Exclusion Amendment - CG 28 31, unless using form CG 00 35 version 96 and later. f. Authorized endorsements may include: Clearwater, Pinellas County, FL Signal Improvements at Pinellas Street, DOT 626794S; RRMP SY 875.58 Jacksonville Division, Clearwater Subdivision OP NO. FL2078 F-2 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 (i). Broad Form Nuclear Exclusion - IL 00 21 (ii) 30-day Advance Notice of Non-renewal or cancellation (iii) Required State Cancellation Endorsement (iv) Quick Reference or Index - CL/IL 240 g. Authorized endorsements may not include: (i) A Pollution Exclusion Endorsement except CG 28 31 (ii) A Punitive or Exemplary Damages Exclusion (iii) A “Common Policy Conditions” Endorsement (iv) Any endorsement that is not named in Section 4 (e) or (f) above. (v) Policies that contain any type of deductible 5. All insurance companies must be A. M. Best rated A- and Class VII or better. 6. Such additional or different insurance as CSXT may require. II. Additional Terms 1. Contractor must submit the original Railroad Protective Liability policy, Certificates of Insurance and all notices and correspondence regarding the insurance policies to: Insurancedocuments@csx.com 2. Neither Agency nor Contractor may begin work on the Project until it has received CSXT’s written approval of the required insurance. I-1 Clearwater, Pinellas County, FL; Quiet Zone near; DOT 626794S; RRMP SY 875.58 SCHEDULE I CONTRACTOR’S ACCEPTANCE To and for the benefit of CSX Transportation, Inc. (“CSXT”) and to induce CSXT to permit Contractor on or about CSXT’s property for the purposes of performing work in accordance with the Agreement dated _______________________, 20___, between the City of Clearwater and CSXT, Contractor hereby agrees to abide by and perform all applicable terms of the Agreement, including, but not limited to Exhibits C and F to the Agreement, and Sections 3, 9 and 11 of the Agreement. Contractor: ___________________________ By: ___________________________ Name: _________________________ Title: __________________________ Date: __________________________ \\COR\130459.7 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2304 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve Change Order 1 to Layne Inliner, LLC for Sewer Cleaning and Televising Inspection in the amount of $840,000; Change Order 1 to Hinterland Group, Inc. for Trenchless Repairs of the Sanitary Sewer Collection System in the amount of $360,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. The program objective is to maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens. February 5, 2015, City Council awarded 2-year contracts to Layne Inliner, LLC for Sewer Cleaning and Televised Inspections and Hinterland Group, Inc. for Trenchless Rehabilitation based on unit prices. Layne Inliner’s contract includes cleaning and TV inspection of selected sanitary sewer systems. This process restores capacity by removing sediment and obstructions and also accurately identifies defects that require corrective action. Hinterland Group’s contract includes lining of selected sewer pipeline to rebuild the pipes ’ structural integrity according to City Standard Specifications, limiting inflow and infiltration. From televised inspections staff reviewed and found it is necessary to have more cleaning and trenchless rehabilitation work done to stop major infiltration and pipe failures. Both contractors have performed excellent work for the City and agreed to hold their competitive unit pricing to continue the work for the City. Public Utilities staff will coordinate and direct contractors, on an ongoing basis, to those areas as needed to meet program goals. APPROPRIATION CODE AND AMOUNT: 0315-96665-563800-535-000-0000 $840,000 0327-96665-563800-535-000-0000 $360,000 Funding is available in Capital Improvement Program project 0315-96665, Sanitary Sewer Repair and Replacement, in the amount of $840,000.00, and Utility Renewal and Replacement Program project 0327-96665, Sanitary Sewer Repair and Replacement, in the amount of $360,000.00 for total funding in the amount of $1,200,000. Page 1 City of Clearwater Printed on 4/15/2016 CHANGE ORDER 1 DATE:March 14, 2016 PROJECT: PROJECT NUMBER: 14-0025-UT 2013-14 Sanitary Sewer & Manhole - Sanitary Sewer CIPP Rehabilitation PO REFERENCE: ST111382 CONTRACTOR: COUNCIL AWARD:February 5, 2015 Hinterland Group, Inc. 5401 N Haverhill Road, Unit 6 114 DATE OF CONTRACT: February 27, 2015 West Palm Beach, Fl 33407 CODE: 0327-96665-563800-535-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Hinterland Group, Inc. ORIGINAL CONTRACT AMOUNT 360,000.00$ 360,000.00$ By: (Seal) NEW CONTRACT AMOUNT 720,000.00$ Daniel Duke, President APPROVED AS TO FORM: Date: Witnesses (2): Camilo Soto, Assistant City Attorney George N Cretekos, Mayor ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Lan-Anh Nguyen, PE, Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Michael D Quillen, PE, City Engineer Change Order 1 - City Council - 4/7/2016 to increase funding with all unit prices, terms and conditions remaining the same-see attached for details. RE: Change Order 1 - 2013-14-10 Sanitary Sewer and Manhole Rehabilitation Cured in Place Pipe Lining ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Increases: 1.0 CIPP a 8” Dia. Sanitary Sewer Mains 6.0 mm Normal Thickness LF 4000 25.00$ 100,000.00$ b 10” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness LF 2500 30.00$ 75,000.00$ c 12” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness LF 1000 35.00$ 35,000.00$ d 15” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness LF 300 40.00$ 12,000.00$ e 18” Dia. Sanitary Sewer Mains 9.0 mm Normal Thickness LF 100 51.00$ 5,100.00$ f 21” Dia. Sanitary Sewer Mains9.0 mm Normal Thickness LF 100 56.00$ 5,600.00$ g 24” Dia. Sanitary Sewer Mains9.0 mm Normal Thickness LF 100 66.00$ 6,600.00$ 2.0 CIPP Sectional Repair a 6” Dia. Sanitary Sewer Mains 2’-10’EA 1 1,000.00$ 1,000.00$ 10.1’-20’EA 1 1,600.00$ 1,600.00$ 20.1’-30’EA 1 2,200.00$ 2,200.00$ b 8” Dia. Sanitary Sewer Mains 2’-10’EA 1 1,100.00$ 1,100.00$ 10.1’-20’EA 1 1,700.00$ 1,700.00$ 20.1’-30’EA 1 2,200.00$ 2,200.00$ c 10” Dia. Sanitary Sewer Mains 2’-10’EA 1 $ 1,200.00 1,200.00$ 10.1’-20’EA 1 $ 1,800.00 1,800.00$ 20.1’-30’EA 1 $ 2,300.00 2,300.00$ d 12” Dia. Sanitary Sewer Mains 2’-10’EA.1 1,300.00$ 1,300.00$ 10.1’-20’EA.1 1,900.00$ 1,900.00$ 20.1’-30’EA.1 2,400.00$ 2,400.00$ e 15” Dia. Sanitary Sewer Mains 2’-10’EA.1 1,400.00$ 1,400.00$ 10.1’-20’EA.1 2,400.00$ 2,400.00$ 20.1’-30’EA.1 3,100.00$ 3,100.00$ f 18” Dia. Sanitary Sewer Mains 2’-10’EA.1 1,500.00$ 1,500.00$ 10.1’-20’EA.1 2,700.00$ 2,700.00$ 20.1’-30’EA.1 3,500.00$ 3,500.00$ g 21” Dia. Sanitary Sewer Mains 2’-10’EA.1 1,600.00$ 2,800.00$ 10.1’-20’EA.1 2,800.00$ 3,500.00$ 20.1’-30’EA.1 3,500.00$ 3,500.00$ h 24” Dia. Sanitary Sewer Mains 2’-10’EA.1 1,600.00$ 1,600.00$ 10.1’-20’EA.1 2,900.00$ 2,900.00$ 20.1’-30’EA.1 4,000.00$ 4,000.00$ 3. Ancillary Services a. Mobilization/Demobilization including Traffic Control LS 5 1,500.00$ 7,500.000$ b. Easement Access, additional < or = 15” Diameter LF 2500 1.50$ 3,750.000$ > 15” Diameter LF 900 2.50$ 2,250.000$ Page 2 of 3 RE: Change Order 1 - 2013-14-10 Sanitary Sewer and Manhole Rehabilitation Cured in Place Pipe Lining ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST c. Service with Pressure Grouting EA 65 230.00$ 14,950.000$ d. Standard Service Reconnection EA 90 95.00$ 8,550.000$ e. Heavy Cleaning -$ 8”-10” Diameter LF 600 2.00$ 1,200.000$ 12”-15” Diameter LF 300 3.00$ 900.000$ 16”-24” Diameter LF 400 4.00$ 1,600.000$ f. Root Removal -$ 8”-10” Diameter LF 500 8.00$ 4,000.000$ 12”-15” Diameter LF 300 8.00$ 2,400.000$ 16”-24” Diameter LF 300 8.00$ 2,400.000$ g. Tuberculation Cleaning -$ 8”-10” Diameter LF 470 10.00$ 4,700.000$ 12”-15” Diameter LF 100 10.00$ 1,000.000$ 16”-24” Diameter LF 100 15.00$ 1,500.000$ h. Bypass Pump setup with Piping -$ 8”-12” Diameter EA 10 400.00$ 4,000.000$ 15”-18” Diameter EA 3 800.00$ 2,400.000$ 24” Diameter EA 2 2,000.00$ 4,000.000$ Total Increases: 360,000.000$ Page 3 of 3 CHANGE ORDER 1 DATE: March 15, 2016 PROJECT: PROJECT NUMBER:14-0025-UT 2013-2014 Sanitary Sewer and Manhole Rehabilitation - Sanitary Sewer Cleaning and Televising Inspection PO REFERENCE: ST111379 CONTRACTOR: COUNCIL AWARD: February 5, 2015 Layne Inliner, LLC 14413 62nd Street North DATE OF CONTRACT:February 27,2015 Clearwater, FL CODE: 0315-96665-563800-535-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Layne Inliner, LLC ORIGINAL CONTRACT AMOUNT $840,000.00 840,000.00$ By: (SEAL) NEW CONTRACT AMOUNT 1,680,000.00$ Mark Harris, Vice President APPROVED AS TO FORM: Date: Witnesses (by 2): Camilo Soto, Assistant City Attorney George N Cretekos, Mayor ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Lan-Anh Nguyen, PE, Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Michael D Quillen, PE, City Engineer to increase funding with all unit prices, terms and conditions remaining the same-see attached for details. Change Order 1 - City Council - 4/21/2016 Change Order 1 - 2013-14 Sanitary Sewer and Manhole Rehabilitation Sanitary Sewer Cleaning and Televising Inspection ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Increases: a. Mobilization/Demobilization including Traffic Control on City streets LS/work assignment 10 $ 0.01 $ 0.10 b.Traffic Control on non-City streets Per Day 20 $ 50.00 $ 1,000.00 c. Heavy Cleaning 8”-10” Diameter LF 200,000 $ 0.01 $ 2,000.00 12”-15” Diameter LF 100,000 $ 0.01 $ 1,000.00 16”-24” Diameter LF 50,000 $ 0.01 $ 500.00 30”-36” Diameter LF 1,000 $ 0.01 $ 10.00 d. Root Removal 8”-10” Diameter LF 100000 $ 1.00 $ 100,000.00 12”-15” Diameter LF 50000 $ 0.01 $ 500.00 16”-24” Diameter LF 5000 $ 0.01 $ 50.00 30”-36” Diameter LF 5000 $ 0.01 $ 50.00 e. Easement access, additional 8”-10” Diameter LF 100,000 $ 0.30 $ 30,000.00 12”-15” Diameter LF 3,000 $ 0.01 $ 30.00 16”-24” Diameter LF 4,000 $ 0.01 $ 40.00 30”-36” Diameter LF 1,000 $ 0.01 $ 10.00 f. Tuberculation Cleaning 8”-10” Diameter LF 985 $ 0.01 $ 9.85 12”-15” Diameter LF 1,000 $ 0.01 $ 10.00 16”-24” Diameter LF 1,000 $ 0.01 $ 10.00 30”-36” Diameter LF 1,000 $ 0.01 $ 10.00 g. EA 4702 $ 10.00 $ 47,020.00 a. Mobilization/Demobilization including Traffic Control on City streetsLS/work 5 $ 0.01 $ 0.05 b. Traffic Control on non-City streets Per day 10 $ 50.00 $ 500.00 c. CCTV pipe inspection 8”-10” Diameter LF 200,000 $ 1.25 $ 250,000.00 12”-15” Diameter LF 80,000 $ 2.00 $ 160,000.00 16”-24” Diameter LF 50,000 $ 3.50 $ 175,000.00 30”-36” Diameter LF 3,500 $ 14.00 $ 49,000.00 d. Manhole Inspection EA 50 $ 15.00 $ 750.00 e. Smoke Testing LF 45,000 $ 0.50 $ 22,500.00 Total Increases: $ 840,000.00 2. CCTV pipe and manhole inspection with PACP/CUES Granite XP Page 2 of 2: 1 Sewer Line Cleaning Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2306 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve the Contract for Purchase of Real Property by the City of Clearwater (Purchase Contract) of certain real property owned by Clearwater Christian College Private School, Inc. and Easterland Properties, LLC, with a purchase price of $1,360,000 and total expenditures not to exceed $1,400,000 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property is generally located north of Gulf to Bay Boulevard, east of Bayshore Boulevard and west of the Clearwater Christian College campus. The property is comprised of approximately 80 acres of wetlands and six acres of uplands (the Property). Clearwater Christian College Private School, Inc. (College) owns the majority of the wetlands and Easterland Properties, LLC owns an eight-acre parcel along Bayshore that is comprised of wetlands and uplands. The College is the principal owner of Easterland Properties, LLC (Easterland). Under the proposed Purchase Contract, the City will purchase the Property through a combination of warranty and quitclaim deeds. The quitclaim deed will be from the College and is intended to eliminate the potential for any future title conflicts. The Property is encumbered by a Development Agreement between the City and the College, and the proposed Purchase Contract is subject to the termination of the Development Agreement. The Property is also encumbered by that certain Settlement Agreement by and between the City, the College and three private party petitioners dated April 26, 2011 (the Settlement Agreement). The petitioners were nearby residents who challenged a certain land use plan amendment, applicable to the Property, which was approved prior to the Development Agreement. The Settlement Agreement preserves certain environmental elements and imposes certain development restrictions on the Property. At the College’s request, the proposed Purchase Contract contemplates the conditional approval of an amendment or release of the Settlement Agreement as long as the City’s intended use for the property survives. If the College brings forth an amendment or release of the Settlement Agreement that does not impose restrictions with respect to the City’s intended use of the Property, staff will present same to City Council at a later date. This proposed acquisition presents a unique opportunity for the City to provide water quality benefits to Tampa Bay, an impaired water body with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen. Tampa Bay is comprised of four bay segments, Old Tampa Bay, Middle Tampa Bay, Lower Tampa Bay and Hillsborough Bay. The City currently holds FDEP Wastewater and Stormwater Permits which allow for discharges into the waters of Old Tampa Bay, surrounding this property. The City is obligated by those permits to meet Nitrogen loading allocations along with water quality improvements mandates. The City will use these lands for the purpose of implementing water quality improvement projects with regional benefit Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2306 for years to come. As to the purchase price, City staff obtained five value estimates from three independent appraisals. Two appraisals were performed on behalf of the City and the other was performed for the College. Appraisals by James Millspaugh and Associates, Inc and Lee Pallardy, Inc. with valuation dates of October 23, 2015 and November 15, 2015 respectively were performed on behalf of the City. Integra Realty Resources, Tampa Bay performed an appraisal of the Easterland property on behalf of the College with a valuation date of June 2, 2015. Upland Valuation Wetland Valuation James Millspaugh & Associates, Inc.$960,000 $180,000 Lee Pallardy, Inc.$1,000,000 $135,000 Integra Realty Resources, Tampa Bay $1,180,000 N/A Acquisition Costs: Purchase Price $1,360,000 Survey $28,040 Closing Costs $6,900 TOTAL $1,394,940 APPROPRIATION CODE AND AMOUNT: 0181-99704-560100-539-000-0000 $463,303 0315-96168-560100-539-000-0000 $936,697 Funding is available in Special Program project 0181-99704, Sembler Mitigation, in the amount of $463,303 and Capital Improvement Program project 0315-96168, Stormwater System Expansion, in the amount of $936,697 for total funding of $1,400,000. Page 2 City of Clearwater Printed on 4/15/2016 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: CLEARWATER CHRISTI AN COLLEGE PRIVATE SCHOOL, INC. (herein referred to as “CCC”), a Florida non-profit corporation whose post office address is 3400 Gulf to Bay Boulevard, Clearwater, Florida 33759 and EASTERLAND PROPERTIES, LLC (herein referred to as “Easterland”), a Florida limited liability company whose post office address is 3400 Gulf to Bay Boulevard, Clearwater, Florida 33759, (together herein referred to as "Seller"), as their interests may appear, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein referred to as "Buyer" or "City"), whose principal address is 112 South Osceola Avenue, Clearwater, FL 33756, (each individually referred to herein as “Party”, or collectively as the "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the terms and conditions stated herein. 1. PROPERTY DESCRIPTION Four (4) tracts of land generally described as follows: • Parcel “A” - Portions of Pinellas County Property I.D. #s 16-29-16-00000-130-0200, 16-29-16- 00000-120-0100, 16-29-16-00000-110-0100 and 16-29-16-00000-140-0100, depicted in Exhibit “A” attached hereto and by this reference made a part hereof • Parcel “B” - Pinellas County Property I.D. # 16-29-16-00000-130-0300, previously deeded to Easterland by virtue of that certain Statutory Warranty Deed recorded in Book 16135, Page 2664 of the Official Records of Pinellas County, Florida, more particularly described in Exhibit “B” attached hereto and by this reference made a part hereof • Parcel “C” - Pinellas County Property I.D. # 16-29-16-00000-130-0310, previously deeded to CCC by virtue of that certain Warranty Deed (corrective) recorded in Book 10311, Page 1231 of the Official Records of Pinellas County, Florida • Parcel “D” - Portions of submerged lands acquired by CCC by virtue of deeds recorded in Book 10311, Page 1231 and Book 4248, Page 1059 of the official Records of Pinellas County, Florida and other submerged lands to which Seller may own an interest, as may be determined by a boundary survey, lying within, or adjacent to, Section 16, Township 29 South, Range 16 East Parcels “A”, “B”, “C” and “D” shall be more particularly described by a boundary survey as provided for in Paragraph 12 herein. PERSONALTY: NONE 2. FULL PURCHASE PRICE ...........................................……………………………….……... $1,360,000 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ……………...... $1,360,000 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. The Purchase Price is based upon appraisals by James Millspaugh and Associates, Inc., Lee Pallardy, Inc., and Integra Realty Resources – Tampa Bay. [GM15-1311-008/180352/2] Page 2 of 9 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Seller within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Seller in writing within 10 days of such action by the City Council, and Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Seller shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to Parcels “A” and “B” and shall convey marketable title to Parcels “A” and “B” by Statutory Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing. Seller shall convey Parcels “C” and “D” by Quitclaim Deed. Seller shall disclose all liens, easements and encumbrances of record or known to Seller that may affect Parcels “C” and “D”. 7. TITLE EVIDENCE Seller shall, at Buyer’s expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey marketable title to Parcels “A” and “B” subject only to liens, encumbrances, exceptions or qualifications as agreed to for the purposes of conveying marketable title as provided herein. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice to elect to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. 8. DEVELOPMENT AGREEMENT Portions of the property are encumbered by that certain Development Agreement between Clearwater Christian College Private School, Inc. and the City of Clearwater dated August 12, 2010 and recorded in Book 17005, Pages 630-679 of the Official Records of Pinellas County, Florida and amended by that certain First Amendment to Development Agreement dated October 27, 2010 and recorded in Book 17078, Pages 179-197 of the Official Records of Pinellas County, Florida (collectively “Development Agreement”). Closing on this contract shall be subject to the termination of the Development Agreement. Seller shall be solely responsible for submitting appropriate application and information for the City Council of the City of Clearwater to consider Seller’s request to terminate the Development [GM15-1311-008/180352/2] Page 3 of 9 Agreement. Termination of the Development Agreement shall occur simultaneous to closing, prior to conveyance of the Property, it being the intention of the Parties that termination of the Development Agreement is not to occur should this transaction not close. Failure to obtain approval of the termination of the Development Agreement shall not be deemed a breach of this contract by either Party hereto. 9. SETTLEMENT AGREEMENT. Portions of the property are encumbered by that certain Settlement Agreement between Clearwater Christian College Private School, Inc., the City of Clearwater, and Jinene L. Harvey, Christiane D. Perreve, and Kathleen Knapp, dated April 28, 2011 and recorded in Book 17243, Pages 718-731 of the Official Records of Pinellas County, Florida (“Settlement Agreement”). Buyer, through its City Council, hereby conditionally consents to the Release or Amendment of the Settlement Agreement, as long as the property restrictions provided for in any such Amendment are not more restrictive as to Buyers intended use of the property as determined by Buyer in its sole discretion. More specifically, the parties hereto expressly acknowledge that the Mitigation Bank contemplated in the Settlement Agreement has not been approved by state and federal agencies and is not financially viable. Therefore, in any amendment to the Settlement Agreement, Buyer shall be, at a minimum, allowed to proceed with mitigation projects as described Exhibit “C”, paragraph 4, as permitted by regulatory authorities. 10. TRANSFER OF DEVELOPMENT RIGHTS Seller may, at Seller’s sole Discretion, transfer development rights from Parcel A to lands owned by Seller prior to or in conjunction with this transaction. Said transfer of development rights shall be in accordance with applicable law and shall be performed at Seller’s expense. 11. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES Owner shall execute and deliver to the City the “Disclosure of Beneficial Interests” required pursuant to Section 286.23, Florida Statutes. 12. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect and Buyer shall object to such defect within the Inspection Period as provided for in Paragraph 19a herein. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 13. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, no later than July 15, 2016, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. The allotted time as provided for in Paragraph 7 shall also apply to title defects discovered by virtue of a survey as provided for in Paragraph 12 above. If either party is [GM15-1311-008/180352/2] Page 4 of 9 unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. The Parties agree to close this contract as quickly as reasonably possible provided all terms and conditions established herein are satisfied and each party is able to complete its respective due diligence as provided herein. 14. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. 15. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 16. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 17. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 18. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. Notwithstanding anything to the contrary contained herein, the Parties acknowledge that the Florida Department of Transportation currently occupies portions of Parcel “C”. 18. LEASES Seller warrants that there are no tenants occupying the Property, other than as disclosed in Paragraph 17, and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract. [GM15-1311-008/180352/2] Page 5 of 9 19. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 24 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 20. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 21. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 22. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and [GM15-1311-008/180352/2] Page 6 of 9 Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 23. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 24. SELLER WARRANTIES Seller has no knowledge of latent defects on the Property or any improvement located on the Property except as set forth below: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 19(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 25. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 26. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 27. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the [GM15-1311-008/180352/2] Page 7 of 9 parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 28. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 29. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 30. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 31. BROKER REPRESENTATION Neither Buyer nor Seller has been represented by a Real Estate Broker in this transaction. It either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. 32. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 33. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 34. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 35. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM15-1311-008/180352/2] Page 8 of 9 Signature Page (1 of 2) to Contract for Purchase of Real Property by the City of Clearwater, Florida EXECUTED this _____ day of ________________________, 2016 by Seller CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC. Attest: ______________________________ By: ___________________________ ______________________________ ______________________________ Print Name Print Name ______________________________ ______________________________ Print Name EASTERLAND PROPERTIES, LLC Attest: ______________________________ By: ___________________________ ______________________________ ______________________________ Print Name Print Name ______________________________ ______________________________ Print Name [GM15-1311-008/180352/2] Page 9 of 9 Signature Page (2 of 2) to Contract for Purchase of Real Property by the City of Clearwater, Florida APPROVED BY BUYER & EFFECTIVE this _____ day of _________________________, 2016. THE CITY OF CLEARWATER, FLORIDA By: _____________________________ George N. Cretekos, Mayor Approved as to form: Attest: _________________________ ___________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk DREW ST DREW ST BAYSHORE BLVD BAYSHORE BLVD C O U R T N E Y C A M P B E L L C S W Y C O U R T N E Y C A M P B E L L C S W Y McMULLEN-BOOTH RD McMULLEN-BOOTH RD DOWNING ST DOWNING ST GULF-TO-BAY BLVD GULF-TO-BAY BLVD DAMASCUS RD DAMASCUS RD LOCATION MAP MBK 4/1/2016 Map Gen By: Date: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com ACQUISITION OF ENVIRONMENTAL LANDSFROM CLEARWATER CHR ISTIAN CO LLEGE TOTAL ACQUIREDLAND ² N.T.S.Scale: Document Path: V:\GIS\Engineering\Location Maps\EnviroLandCCC.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2318 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Approve a work order to Engineer- of- Record (EOR) Brown and Caldwell of Tampa, FL in the amount of $178,849 for engineering services associated with the Marshall Street Water Reclamation Facility (WRF) Odor Control System and authorize the appropriate officials to execute same. (consent) SUMMARY: This work order provides for an evaluation of the existing odor control units that are not functional at the Marshall Street WRF and design of proposed improvements. The goal of this project is to design the rehabilitation of the existing system or to replace the system all together to reduce hydrogen sulfide at the headworks of the plant providing for a safe work environment for Operations staff in conformance with OSHA guidelines. The bid documents for the project are anticipated to be completed 8 months after the Notice to Proceed. Brown and Caldwell is an EOR for the City of Clearwater, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. APPROPRIATION CODE AND AMOUNT: 0315-96615-561300-535-000-0000 $178,849.00 Funding is available in Capital Improvement Program project 0315-96615, Odor Control, to fund this project. Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2319 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve the First Amendment to the agreement between the City of Clearwater and the Clearwater Ferry Services, Inc. (FERRY) extending the Time of Performance for the reimbursement through July 4, 2016 at no additional cost to the City and authorize the appropriate officials to execute same. (consent) SUMMARY: March 3, 2016, Council approved an agreement to reimburse the FERRY at $1.00 per one-way ticket during the hours of 10 a.m. to 8 p.m. for a period from March 1, 2016 through April 30, 2016. Due to the success of the program, it is desired to extend the Time of Performance through July 4, 2016 at no additional cost to the City. During the period March 1, 2016 through April 3, 2016, the number of 8 am to 10 pm trips on the FERRY has increased from less than one thousand to more than three thousand per week. At this rate of usage, the time period of the agreement can be extended through July 4, 2016 without the need to add any additional funds. Page 1 City of Clearwater Printed on 4/15/2016 FIRST AMENDMENT TO FERRY SERVICES AGREEMENT THIS FIRST AMENDMENT TO FERRY SERVICES AGREEMENT made and entered into this day of _ _, 2016, by and between CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater Florida 33758 and CLEARWATER FERRY SERVICES, INC., a Florida corporation, hereinafter referred to as “Ferry,” 415 Laughing Gull Lane, Palm Harbor, FL 34683. W I T N E S S E T H: WHEREAS, City and Ferry entered into that certain Ferry Services Agreement dated March 1, 2016, referred to herein as the “Services Agreement”; and, WHEREAS, City and Ferry desire to extend Services Agreement termination date from April 30, 2016 to July 4, 2016; and, NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: Paragraph 1, of the Services Agreement, as amended, is hereby revised by replacing the existing paragraph with: 1. SCOPE OF PROJECT. Ferry agrees to provide ferry service to Downtown Marina, Clearwater Municipal Marina and East Bay Esplanade seven days a week from 10 am to 8 pm between March 1, 2016 and July 4, 2016. Paragraph 2, of the Services Agreement, as amended, is hereby revised by replacing the existing paragraph with: 2. TIME OF PERFORMANCE. This Contract shall commence on March 1, 2016 and terminate on July 4, 2016. All terms and conditions of the Services Agreement not expressly amended hereby shall remain in full force and effect. IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. THE CITY OF CLEARWATER, FLORIDA By: _ William B. Horne, II, City Manager Approved as to form: Attest: _ _ Pamela K. Akin Rosemarie Call City Attorney City Clerk CLEARWATER FERRY By: _ Patricia Rodriguez, President Attest: _ Dennis Rodriguez, Vice President Clearwater Ferry Usage Week Ending Total Passengers One Way Tickets 10 am to 8 pm 3/6/2016 1491 907 3/13/2016 2901 1943 3/20/2016 2819 1982 3/27/2016 5372 3496 4/3/2016 -3087 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2324 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve a work order to Engineer of Record (EOR) Tetra Tech, Inc. in the amount of $99,980 for the Reclaimed Booster Pump Station Chlorine Control Improvements Project (16-0001-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: This work order provides for the evaluation of alternatives, design, permitting, and bidding of improvements at the Skycrest, Union and Drew Street Reclaimed Water Pump Stations. The design phase is anticipated to be completed by December 2016, followed up by the construction phase currently anticipated to begin in April 2017. Tetra Tech, Inc. is one of the City’s Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. APPROPRIATION CODE AND AMOUNT: 0327-96654-561300-535-000-0000 $99,980 Funding is available in Utility Renewal and Replacement Program project 0327-96654, Facilities Upgrade and Improvements to fund this project. Page 1 City of Clearwater Printed on 4/15/2016 1 of 14 WO Initiation Form.docx 8/1/2014 Tetra Tech, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: March 23, 2016 Project Number: City Project Number: 16-0001-UT Plan Set Number: 1. PROJECT TITLE: Reclaimed Water Booster Pump Station Chlorine Feed System Improvements Design, Permitting and Bidding 2. SCOPE OF SERVICES: The City of Clearwater has identified the need for modifications to the existing chlorine injection and chlorine residual monitoring facilities to improve the automated operational reliability at the Skycrest, Union and Drew Street Reclaimed Water Pump Stations and has requested Tetra Tech, Inc. (Tetra Tech) to provide a scope of services for the evaluation of alternatives, design, permitting, and bidding of improvements at these facilities. The goal of these improvements is to allow the City to institute automated operation of supplemental chlorine feed systems at each of these facilities. Specific details regarding the proposed facility improvements are presented below: A. Skycrest Reclaimed Booster Pump Station: The Skycrest facility serves as a storage and re‐pumping station for reclaimed water, and includes a 5.0 million gallon (MG) reclaimed water storage tank. Hydraulic control valves control filling of the storage tank during daytime hours, and the station pumps reclaimed water from the storage tank into the distribution system during the night. The chlorine dosing system is currently designed for use when the system is pumping water, however the City would like to include consideration of dosing chlorine during tank filling operations as a possible alternative. B. The Drew Street (Del Oro Park) and Union Street booster stations are both in‐line booster pump stations that increase pressure in the downstream reclaimed water distribution system based on control set points and remote operation. The condition of the existing sodium hypochlorite storage tanks, feed pumps and piping will be reviewed and 2 of 14 WO Initiation Form.docx 8/1/2014 equipment will be replaced if necessary. C. Controls will be provided through the existing programmable logic controller (PLC) and SCADA HMI interface at each pump station. D. The supply of electrical power will be through the existing MCC, starters, and power distribution panels. The following tasks will be completed as part of the preliminary and final designs of the aforementioned facility improvements:  Prepare Technical Memoranda outlining alternatives for each of the pump stations and conduct one (1) workshop to provide ranking of alternatives. This task will also include field testing of the existing systems at two (2) booster pump stations to help determine existing system operation.  Develop the contract documents (bidding and contract documents, engineering drawings and technical specifications) for the procurement and construction of the improvements. In order to provide logical, orderly completion of this assignment, the project is presented in phases. Tasks to be completed in each phase are described herein. I. TECHNICAL MEMORANDA Task 001 ‐ Data Request, Kickoff Meeting, Site Visits and Sampling The purpose of the technical memoranda phase is to gather information, develop, evaluate, and present the basis of design for the proposed improvements. Tasks to be completed in this phase are described below. A. Prepare a list of requested documents for the City to provide for Tetra Tech’s use in evaluation and design of the proposed improvements. It is anticipated that at a minimum the following information will be provided by the City: 1. Record Drawings and specifications from construction of the pump stations. 2. Specifications, shop drawings and O&M manuals, factory test performance curves, and model and serial numbers for all equipment scheduled for replacement under the proposed improvements. 3. Water quality and other available operational data from water reclamation facilities including TDS, pH, hardness, alkalinity, TOC. 4. All available CAD files for the above record drawings. 3 of 14 WO Initiation Form.docx 8/1/2014 B. Facilitate a project kick‐off meeting and Site Visit with the City and Tetra Tech’s staff. Tetra Tech will prepare and distribute meeting minutes to all attendees. C. Facilitate collection and analysis of reclaimed water samples during site visits. One (1) reclaimed water sample will be collected at each in‐line booster pump station and two (2) reclaimed water samples will be collected at the storage and pumping station. Samples will be used for measurement of chlorine residual and demand. The purpose of this sampling is to capture a representative/typical reclaimed water sample at each pump station. If operational conditions are not representative of typical water quality at the time of the initial site visits, then additional sampling may be need to be performed by the City and tested at the City’s expense. Task 002 – Field Testing of Existing System (Two Sites) Construction of the Drew and Union Street reclaimed water booster pump stations was completed in 2007 and the Skycrest reclaimed water booster pump station was completed in 2010. The three projects were designed with similar layouts and features. Based on operational observations made by the City’s utilities staff, the existing chemical injection and monitoring locations for supplemental dosing of sodium hypochlorite at these facilities have led to inconsistencies in the reclaimed water free chlorine residual when operated in automated control mode. The existing system utilizes chemical injectors but without the aid of static mixers or other means to provide mixing of the injected chemical with the reclaimed water. Additionally, the chemical injection is located upstream of propeller style flow meters, and there is insufficient space available to install static mixers without impacting the straight piping requirements of the flow meters. Also, the length of piping between the sodium hypochlorite injection point and the location where the reclaimed water is sampled for chlorine residual is relatively short and may not be sufficient to allow for complete mixing and reaction to occur within the piping prior to diversion of the sample stream. Furthermore, the location of the chlorine residual analyzer with respect to the sample point may contributing to a lag in the control response time from when dosing adjustments are made and when the responses are measured by the control system. The combination of these factors is believed to be contributing factors to the control system’s difficulty in achieving stable feedback control of the chlorine residual. The suspected challenges noted above will be evaluated for each of the reclaimed water booster pump stations and summarized in a technical memorandum for each facility. Additional site specific details are provided in the technical memorandum sections below. Prior to the submittal of draft technical memoranda, Tetra Tech will develop a field testing plan and submit it to the City for review and comment. The field testing plan will outline a methodology for a field test that will consist of operating the existing system under controlled conditions and without improvements in order to collect data for operating characteristics such as the chemical mixing effectiveness and the sample measurement delay time. It is 4 of 14 WO Initiation Form.docx 8/1/2014 anticipated that the field testing for a pumping station will occur within a single day and will include operation of the system at various chemical doses and reclaimed water flow rates. Tetra Tech will coordinate with City utilities staff and provide on‐site engineering staff for two (2) days to conduct field testing at two (2) booster pumping stations that are operationally available to facilitate the various tests to be conducted. The City shall confirm that existing system components are operational prior to commencing the field testing, and shall provide temporary equipment as needed (chemical metering pump and/or chemical tote and Tetra Tech to provide suggested temporary equipment specifications) to facilitate chemical dosing if the installed equipment is not functional. Depending on the results of field testing, it may be recommended to conduct similar testing at the remaining one (1) booster pumping station. If such testing is requested by the City, Tetra Tech will prepare a supplemental work order for additional field testing services. Task 003 – Skycrest Reclaimed Water Booster Pump Station Tech Memo Due to limited available space at the Skycrest Booster Pump Station site and the need for this facility to remain on‐line during periods of peak seasonal demand, the ability to address these operational issues through modifications to the existing discharge piping are expected to be limited, and therefore, other alternatives may be necessary. The City would like to evaluate alternatives to modify mechanical piping and chemical mixing, and/or methods of monitoring to allow for reliable automated control. Tetra Tech will provide preliminary concepts for four (4) alternatives; 1. Alternative that entails discharge piping modifications to provide sufficient chemical mixing and hydraulic detention times within the pump discharge piping header prior leaving the pump station site, 2. Alternative that will utilize either side stream pre‐dilution mixing or other advanced chemical mixing technologies to allow a more complete reaction with reclaimed water prior to sampling in order to minimize impacts to existing piping, 3. Alternative for injection of sodium hypochlorite with reclaimed water on the suction header of the booster pumps, which may require refitting of seals and impeller materials on the existing pumping equipment, and 4. Alternative for injection of sodium hypochlorite on the influent line to the storage tank. For this final alternative, an evaluation of DBP formation potential will be conducted on reclaimed water that is sampled from the system. Depending on which alternative is selected for implementation, Tetra Tech will also evaluate the potential benefits of relocating the Chlorine residual analyzer to reduce lag time in the sample measurement. Tetra Tech will prepare a draft technical memorandum to summarize the preliminary concepts and rough‐order‐of‐magnitude budgetary costs of alternatives for addressing the existing control deficiencies, and submit the memorandum to the City for review and comments. Following the City’s initial review, Tetra Tech will present the concepts to City 5 of 14 WO Initiation Form.docx 8/1/2014 staff in an alternatives workshop (one meeting for all three pump stations) to capture the operational advantages and disadvantages of each, and determine criteria rankings for selection of a preferred alternative. The results of the workshop ranking will be included in a finalized technical memorandum that will serve as a basis of design. The memorandum will include a summary of the work including a list of existing chemical feed pumps and/or storage tanks that are in need of replacement, any restrictions on allowable impacts to the pump station operations that must be followed by the Contractor during construction. The memoranda will also include the City’s equipment preferences to be used as a basis of design. Task 004 – Drew Street (Del Oro Park) Reclaimed Water Booster Pump Station Tech Memo Operated as an in‐line booster pumping station, the existing Drew Street Booster Pump Station site layout does provide some space that may allow for the installation of additional piping or relocation of existing piping to address potential shortfalls in chemical mixing and/or detention times. Tetra Tech will provide preliminary concepts for three (3) alternatives; 1. Alternative that entails discharge piping modifications to provide sufficient chemical mixing and hydraulic detention times within the pump discharge piping header prior leaving the pump station site, 2. Alternative that will utilize either side stream pre‐dilution mixing or other advanced chemical mixing technologies to allow a more complete reaction with reclaimed water prior to sampling in order to minimize impacts to existing piping, and 3. Alternative for injection of sodium hypochlorite with reclaimed water on the suction header of the booster pumps, which may require refitting of seals and impeller materials on the existing pumping equipment. Depending on which alternative is selected for implementation, Tetra Tech will also evaluate the potential benefits of relocating the Chlorine residual analyzer to reduce lag time in the sample measurement. Tetra Tech will prepare a draft technical memorandum to summarize the preliminary concepts and rough‐order‐of‐magnitude budgetary costs of alternatives for addressing the existing control deficiencies, and submit the memorandum to the City for review and comments. Following the City’s initial review, Tetra Tech will present the concepts to City staff in an alternatives workshop (one meeting for all three pump stations) to capture the operational advantages and disadvantages of each, and determine criteria rankings for selection of a preferred alternative. The results of the workshop ranking will be included in a finalized technical memorandum that will serve as a basis of design. The memorandum will include a summary of the work including a list of existing chemical feed pumps and/or storage tanks that are in need of replacement, any restrictions on allowable impacts to the pump station operations that must be followed by the Contractor during construction. The memoranda will also include the City’s equipment preferences to be used as a basis of design. 6 of 14 WO Initiation Form.docx 8/1/2014 Task 005 – Union Street Reclaimed Water Booster Pump Station Tech Memo Operated as an in‐line booster pumping station, the existing Union Street Booster Pump Station site layout does provide some space that may allow for the installation of additional piping or relocation of existing piping to address potential shortfalls in chemical mixing and/or detention times. Suction piping is configured differently than other pumping stations, with the suction header piping entering the building from the same side that the discharge piping leaves the building. Once in the piping trench, the suction piping splits at a TEE fitting located between two of the pumps. Tetra Tech will provide preliminary concepts for three (3) alternatives; 1. Alternative that entails discharge piping modifications to provide sufficient chemical mixing and hydraulic detention times within the pump discharge piping header prior leaving the pump station site, 2. Alternative that will utilize either side stream pre‐dilution mixing or other advanced chemical mixing technologies to allow a more complete reaction with reclaimed water prior to sampling in order to minimize impacts to existing piping, and 3. Alternative for injection of sodium hypochlorite with reclaimed water on the suction header of the booster pumps, which may require refitting of seals and impeller materials on the existing pumping equipment. Depending on which alternative is selected for implementation, Tetra Tech will also evaluate the potential benefits of relocating the Chlorine residual analyzer to reduce lag time in the sample measurement. Tetra Tech will prepare a draft technical memorandum to summarize the preliminary concepts and rough‐order‐of‐magnitude budgetary costs of alternatives for addressing the existing control deficiencies, and submit the memorandum to the City for review and comments. Following the City’s initial review, Tetra Tech will present the concepts to City staff in an alternatives workshop (one meeting for all three pump stations) to capture the operational advantages and disadvantages of each, and determine criteria rankings for selection of a preferred alternative. The results of the workshop ranking will be included in a finalized technical memorandum that will serve as a basis of design. The memorandum will include a summary of the work including a list of existing chemical feed pumps and/or storage tanks that are in need of replacement, any restrictions on allowable impacts to the pump station operations that must be followed by the Contractor during construction. The memoranda will also include the City’s equipment preferences to be used as a basis of design. Deliverables – One (1) electronic pdf file copy will be provided of the following documents:  Draft and Final Technical Memoranda for each pump station 7 of 14 WO Initiation Form.docx 8/1/2014 II. FINAL DESIGN PHASE Task 001 – Final Design Upon acceptance of the technical memoranda and selection of a preferred alternative by the City, Tetra Tech will initiate final design of improvements for the each of the pump stations. The final design will result in preparation of the bidding and contract documents, engineering drawings and technical specifications, which will be submitted to the City for review at 75‐ and 100‐percent completion levels. Design will be based on the City’s existing record documents. The proposed improvements for all three (3) pump stations will be combined into one (1) set of contract documents. The 75‐percent submittal shall include engineering drawings (all disciplines) plan views, sections, and details; bidding, contractual, and technical specifications; and opinion of probable construction costs. The 100‐percent submittal shall include updated engineering drawings; updated bidding, contract and technical specifications and updated opinion of probable construction costs incorporating the City’s comments. The project drawings will be prepared utilizing Autodesk AutoCAD and/or Revit 2013 to allow for the production of two dimensional drawings and bidding/specifications using MS WORD. To ensure proper design of the facilities, Tetra Tech will obtain approval from the City for any substantial changes in the technical memoranda prior to incorporation in the final design. Tasks to be completed during this phase are summarized below: 1. Prepare construction drawings necessary to depict the improvements identified in the technical memoranda. In addition to new facilities that are required for improvements, it is also anticipated that some of the existing chemical metering pumps and storage tanks will be scheduled for replacement due to age or non‐use. Such components will be included in the proposed work as replacement with like kind, however it is assumed that replacement will not require redesign of chemical piping systems or structural grating that are associated with the existing chemical feed facilities. The construction drawings shall be compiled using the City’s Deliverables Standards, as referenced in Attachment “A”. A preliminary list of drawings used as the basis of pricing is presented below. For the purposes of providing a scope of services through the bidding phase of the project, Tetra Tech has assumed that a majority of the design work will be related to process piping modifications with minor structural and electrical design work that will result from implementation of the selected alternatives. Should the alternatives selected by the City result in the need for additional design effort, Tetra Tech will prepare and submit a separate work order to the City for additional design services. General Cover Sheet Index of Drawings, Location Maps and General Notes 8 of 14 WO Initiation Form.docx 8/1/2014 Legend and Abbreviations Process Flow Schematics Structural Structural Details Process Existing Site Plan – Demolition Plan (3 sheets, 1 per pump station) Proposed Yard Piping Plan (3 sheets, 1 per pump station) Process Flow Diagrams Piping Plans and Sections (3 sheets, 1 per pump station) Mechanical Details Electrical Electrical Symbols and Abbreviations Electrical and Control Plan, Schedules (3 sheets, 1 per pump station) 2. Prepare a comprehensive project manual that contains the City’s bidding and contract documents (Division 0 and 1) and technical specifications (Divisions 2 through 16) for competitive bidding. The project manual and its contents will be formatted in accordance with the Construction Specification Institute (CSI) and prepared using MS WORD. 3. Prepare and submit an opinion of probable construction costs with the 75‐ and 100‐ percent submittals based on vendor quotations and previous bid tabulations. 4. Prepare for and attend up to 2 project coordination meetings with the City during final design. Prepare and distribute meeting minutes to all attendees. 5. A review meeting will be held with the City following each submission. Tetra Tech will prepare comment tracking sheets at each completion level, document meeting minutes, and distribute such minutes to all attendees over the project duration. Deliverables – Three (3) 24x36 copies, two (2) 11x17 copies, and one (1) PDF electronic copy will be provided for each submittal described below:  75‐ and 100‐percent submittals of the bidding and contract documents, engineering drawings and technical specifications.  Project coordination meetings minutes (pdf copies only, distributed by e‐mail).  75‐ and 100‐percent submittal review meeting minutes and comment/response tracking spreadsheet.  Opinion of probable construction costs at the 75‐ and 100‐percent completion levels. III. PERMITTING As noted under the final design task, the specific changes to existing facilities will not be known until completion of the ranking of alternatives that will follow the draft technical memoranda submittals, and the extent of permitting effort required for FDEP or SWFWMD 9 of 14 WO Initiation Form.docx 8/1/2014 permits is unknown. Therefore, Tetra Tech’s scope for permitting is limited to the preparing and preparation of a FDEP notification letter for permitting determination and the submittal of permit applications and supporting documentation to the City’s Planning Department to obtain permits for construction of the proposed improvements. Tetra Tech will also respond to requests for additional information (RAIs) from the City to clarify the original applications. All permit application fees will be paid by the City. Anticipated permit related activities for this project and associated work are as follows: 1. City of Clearwater Building Permit Application – Prepare materials for City Engineering staff to use in coordinating with the City’s Planning and Development Department. 2. FDEP Permitting – Depending on the nature of the improvements, modifications to reclaimed water and wastewater facilities that are regulated under FAC 62‐610 and 62‐ 620 may require permitting through the Florida Department of Environmental Protection (FDEP). Once a determination of specific improvements has been confirmed by the City, Tetra Tech will summarize the proposed improvements and prepare a notification letter to FDEP to request a determination if the activities will require a permit application. If FDEP determines that formal permitting is required, Tetra Tech will prepare and submit a separate work order to the City for FDEP permitting services. Any permit application fees for FDEP permitting shall be paid by the City. 3. SWFWMD Permitting – The need for permitting through SWFWMD is unknown at this time. If formal permitting is required due to the alternative selected for implementation, Tetra Tech will prepare and submit a separate work order to the City for SWFWMD permitting services. Any permit application fees for SWFWMD permitting shall be paid by the City. Deliverables – Five copies (5) and one (1) electronic pdf file copy of each station (3 submittals total) to be provided of the following documents:  Draft and Final City Planning and Development Permit Applications  Meeting minutes of pre‐application and coordination meetings IV. BIDDING ASSISTANCE Bidding services are based upon the generation of one (1) set of construction documents for the improvements at all three (3) pump stations to be bid as a single contract. Upon authorization to proceed with the bidding phase of the project, Tetra Tech will complete the following tasks: 10 of 14 WO Initiation Form.docx 8/1/2014 1. Provide one (1) signed and sealed copy of the Contract Documents (engineering drawings and specifications) in PDF format for distribution to potential bidders by the City's Purchasing Department. 2. Attend the pre‐bid meeting with the City. 3. Respond to questions as required to interpret, clarify or expand the bidding documents. The City Purchasing Department will prepare and distribute all addenda. 4. Review and evaluate the apparent low bidder’s qualifications for undertaking the work and make recommendations of contract award. 5. Prepare and provide three (3) conformed sets of the Contract Documents (engineering drawings in AutoCAD and PDF format and specifications in MS Word and PDF format) to the City. 3. PROJECT GOALS: The following work products will be delivered to the City as part of this project:  Draft and Final Technical Memoranda  75%, and 100% Design Plans and Specifications  Draft and Final Permit Applications  One (1) conformed set of the Contract Documents Five (5) hard copies and electronic pdf file copies of these documents will be provided to the City. In addition, three (3) copies for each pump station at 75% design will be provided for the City’s Planning and Development Department review. The project drawings will be produced utilizing AutoCAD and/or Revit 2013. At the completion of the project, the record drawings will be submitted in AutoCAD Release 2011 format. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Tetra Tech, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis , for a fee not to exceed ninety nine thousand, nine hundred eighty dollars ($99,980.00). The City will be responsible for paying permit application fees. 5. SCHEDULE: The project design and permitting is to be completed 10 months from issuance of notice‐to‐ proceed. The project deliverables are to be phased as follows: Prepare Technical Memoranda 90 calendar days 75% construction documents 150 calendar days Final (100%) construction documents 210 calendar days 11 of 14 WO Initiation Form.docx 8/1/2014 6. STAFF ASSIGNMENT (Consultant): Many team members will be involved in this project. Tetra Tech’s primary staff assignments for this project are as follows:  Project Manager ‐ Emilie Moore  Engineer of Record ‐ Scott Smith: Process, David Burger: Electrical and I&C  Quality Assurance/ Quality Control (QA/QC) – James Christopher, Jon Fox  Project Engineers – Dave MacNevin, Jennifer Roque, Jason Seignoret, Justin Coward The City’s primary staff assignments for this project are as follows:  Project Manager – Khang Nguyen, P.E.  Project Team – David Porter, Kathryn McGrath, Kervin St. Aimie, Robert Fahey, Jack Sadowski, Richard Gardner 7. CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s/Architect’s project correspondence shall be directed to Emilie Moore, PE, ENV SP. City project correspondence shall be directed to Khang Nguyen, PE with copies to others as 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: 327-96654-561300-535-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts 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. 12 of 14 WO Initiation Form.docx 8/1/2014 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. The City is responsible for paying all application fees for permits, registrations, and certifications. PREPARED BY: APPROVED BY: Vice President Tetra Tech, Inc. 3-23-16 Michael D. Quillen, PE City Engineer City of Clearwater Date Date 13 of 14 WO Initiation Form.docx 8/1/2014 Attachment “A” 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 copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES:  If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562‐4762 or email address: tom.mahony@myclearwater.com. 14 of 14 WO Initiation Form.docx 8/1/2014 RECLAIMED WATER BOOSTER PUMP STATION CHLORINE FEED SYSTEM IMPROVEMENTS Design, Permitting and Bidding Tetra Tech, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Consultant Services Total 1.0 Technical Memoranda 1.1 Data Request, Kickoff Meeting, Site Visit $7,441 1.2 Field Testing of Existing System $13,587 1.3 Skycrest Reclaimed Storage and Pumping $8,985 1.4 Drew Street Reclaimed Booster $8,218 1.5 Union Street Reclaimed Booster $8,218 $46,449 2.0 Final Design 2.1 Project Management & Progress Meetings $3,717 2.2 QA/QC, Design Coordination, Cost Estimating $4,815 2.3 75% Design $21,603 2.4 100% Design $12,802 $42,937 3.0 Permitting 3.1 Meetings, Permits/Notifications Preparation $3,927 $3,927 4.0 Bidding Assistance 4.1 Prepare Bid Documents $724 4.2 Pre‐Bid Meeting, Respond to Bidding Questions $2,858 4.3 Bid Evaluation, Recommendation $694 4.4 Prepare Conformed Documents $2,391 $6,667 Total $99,980 ABBEY LAKE RD O ak Ridge HOMESTEAD OAKS RD OAK FOREST DR N PRESTIGE Ln Woods Dr OAK FOREST DR E POINT RDGlesher ELYSIUM DIVINO DR BLVD CR-611 CR-611 CTHOMESTEAD WAY CIELO CIR S M E A D O W UNION ST BROOK Castle Woods MAIN STC.R. 576 DR Scarlet Oaks Majestic Oaks LOCATION MAP ²Prepared by:Engineering Departm entGeographic Technology Division100 S. Myrtle Ave, Clearwater , FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE ^ JA KN N.T.S.n/a n/a4/5/2016Map Gen By:Reviewed By:S-T-R :Grid #:Date:Scale: Reclaim ed Water B ooste r Pum p Station -Chlorine Feed System Document Path: V:\GIS\Engineering\Location Maps\RCWBooster.mxd SAN SAN LN BAY CALAIS SAN MADERA THOMAS RD WOLF E RD SANGRAND VIEW MERRILL HOYT AVEMOSS AVE AVE F e a t h e r w o o d BAY "K" ST LN CH AMBLEE BORDEAUX LN LN AVE Cleveland St CR-611 AVE L A K E Terrace View Ln DR OAK AVE VISTA GLEN AVE KOVE CIR KAPOK KAPOK KAPOK Crescent Ln DR Abbey Ct ALAMEDA MONTEREY MATEO BERNADINO MacDonald LN C o o p e r's A V E PEDRO JOSEAVE S A N Abbey DREW ST LOCATION MAP ²Prepared by:Engineering Departm entGeographic Technology Division100 S. Myrtle Ave, Clearwater , FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE ^ JA KN N.T.S.n/a n/a4/5/2016Map Gen By:Reviewed By:S-T-R :Grid #:Date:Scale: Reclaim ed Water B ooste r Pum p Station -Chlorine Feed System Document Path: V:\GIS\Engineering\Location Maps\RCWBooster.mxd SR-590 CASLER CT A V E BAKER RICHARDS HOBART AVE GILBERT DR KENNETH CASLER AIRPORT Feath tree Cir TR EE DR er McKIN LEY AVE HARDING DUNCAN AVE JU PITER AVE FEATHER MACRAE AVE DR NELSON WEBB DR AVE RIDGE LYNN WEBB LONG ARDEN AVE ST MURRAY KEENE RD ST AMBLE SATURN LN BRANDON ARCTURUS CR -1 RidgewoodSt HAR DING ST LOCATION MAP ²Prepared by:Engineering Departm entGeographic Technology Division100 S. Myrtle Ave, Clearwater , FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE ^ JA KN N.T.S.n/a n/a4/5/2016Map Gen By:Reviewed By:S-T-R :Grid #:Date:Scale: Reclaim ed Water B ooste r Pum p Station -Chlorine Feed System Document Path: V:\GIS\Engineering\Location Maps\RCWBooster.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2360 Agenda Date: 4/18/2016 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. (consent) SUMMARY: This scope will encompass the following key elements of the North Marina Master Plan (NMMP): existing parking area and Seminole Street modifications; waterfront boardwalk; Pinellas Trail connection; new boat and trailer parking lot; new car parking lot; new floating docks; new landscape and green space improvements including enhanced stormwater treatment; and conceptual design for enhancements to the existing park land owned by West Coast Inland Navigation District (WCIND). AECOM will prepare and submit permit applications, plans and supporting documents to the appropriate agencies or departments for review and approval. The project goal is to improve the infrastructure of the Old Bay/North Marina area. These proposed improvements will provide users of the north marina as well as the surrounding community with enhanced parking, upgraded features to promote increased use by residents and other users, and aesthetic improvements with landscaping and proposed park amenities. Coupled with other regulatory changes, these improvements will encourage private sector investment and expanded use in a manner to complement community, encourage additional area resident use, provide greater amenities, and utilize sustainable features as an integral component of design. For these and other reasons, it is recommended that the City Council approve the scope of services for Engineer of Record AECOM for the work outlined. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will transfer General Fund reserves to special program 181-99888, ULI Report Implementation, in the amount of $375,000 to fund this contract. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $375,000 to special program 99888, ULI Report Implementation. Inclusive of this item if approved, a net total of $1,918,646 of General Fund reserves has been appropriated by Council to fund expenditures in the 2015/16 operating budget. The remaining balance in General Fund reserves is approximately $29.8 million, or 23.9% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 4/15/2016 ID T a s k Na m e D u r a t i o n S t a r t F i n i s h 1 CO N C E P T U A L D E S I G N P H A S E 13 2 d a y s Mo n 5 / 2 / 1 6 Tu e 9 / 6 / 1 6 2 Ki c k - o f f M e e t i n g 0 d a y s Mo n 5 / 2 / 1 6 Mo n 5 / 2 / 1 6 3 Si t e I n s p e c t i o n 15 d a y s Mo n 5 / 2 / 1 6 Mo n 5 / 1 6 / 1 6 4 Da t a C o l l e c t i o n 21 d a y s Mo n 5 / 2 / 1 6 Su n 5 / 2 2 / 1 6 5 Su r v e y i n g 45 d a y s Su n 5 / 1 5 / 1 6 Mo n 6 / 2 7 / 1 6 6 Ge o t e c h n i c a l I n v e s t i g a t i o n 45 d a y s Su n 5 / 1 5 / 1 6 Mo n 6 / 2 7 / 1 6 7 Ut i l i t y C o o r d i n a t i o n 22 d a y s Su n 5 / 2 2 / 1 6 Su n 6 / 1 2 / 1 6 8 Su b s u r f a c e U t i l i t y E n g i n e e r i n g ( S U E ) 8 d a y s Su n 6 / 1 2 / 1 6 Mo n 6 / 2 0 / 1 6 9 Pe r m i t t i n g P r e - a p p l i c a t i o n M e e t i n g s 7 d a y s Mo n 6 / 2 0 / 1 6 Su n 6 / 2 6 / 1 6 10 Co n c e p t u a l P l a n P r e p a r a t i o n 45 d a y s Tu e 6 / 2 8 / 1 6 We d 8 / 1 0 / 1 6 11 Ci t y R e v i e w o f C o n c e p t u a l D r a w i n g s 14 d a y s We d 8 / 1 0 / 1 6 Tu e 8 / 2 3 / 1 6 12 Re v i e w C o m m e n t s f r o m C i t y 0 d a y s Tu e 8 / 2 3 / 1 6 Tu e 8 / 2 3 / 1 6 13 Pl a n R e v i s i o n s 7 d a y s We d 8 / 2 4 / 1 6 Tu e 8 / 3 0 / 1 6 14 Pu b l i c M e e t i n g 0 d a y s Tu e 8 / 3 0 / 1 6 Tu e 8 / 3 0 / 1 6 15 Pu b l i c F e e d b a c k D i r e c t i o n f r o m C i t y 7 d a y s Tu e 8 / 3 0 / 1 6 Tu e 9 / 6 / 1 6 16 PR E L I M I N A R Y D E S I G N P H A S E 10 5 d a y s Tu e 9 / 6 / 1 6 Fr i 1 2 / 1 6 / 1 6 17 Re v i e w M e e t i n g w i t h C i t y 0 d a y s Tu e 9 / 6 / 1 6 Tu e 9 / 6 / 1 6 18 Pr e p a r e P r e l i m i n a r y E n g i n e e r i n g D r a w i n g s 90 d a y s Tu e 9 / 6 / 1 6 Fr i 1 2 / 2 / 1 6 19 Ci t y R e v i e w o f P r e l i m i n a r y D r a w i n g s 15 d a y s Fr i 1 2 / 2 / 1 6 Fr i 1 2 / 1 6 / 1 6 20 FI N A L D E S I G N P H A S E 75 d a y s Fr i 1 2 / 1 6 / 1 6 Mo n 2 / 2 7 / 1 7 21 Re v i e w M e e t i n g w i t h C i t y 0 d a y s Fr i 1 2 / 1 6 / 1 6 Fr i 1 2 / 1 6 / 1 6 22 Fi n a l E n g i n e e r i n g D r a w i n g s 60 d a y s Sa t 1 2 / 1 7 / 1 6 Su n 2 / 1 2 / 1 7 23 Ci t y R e v i e w o f F i n a l D r a w i n g s 15 d a y s Su n 2 / 1 2 / 1 7 Mo n 2 / 2 7 / 1 7 24 CO N S T R U C T I O N P L A N S P E R M I T T I N G 19 6 d a y s Mo n 2 / 2 7 / 1 7 Mo n 9 / 4 / 1 7 25 Ci t y o f C l e a r w a t e r - S i t e C o n s t r u c t i o n P l a n A p p r o v a l 60 d a y s Mo n 2 / 2 7 / 1 7 We d 4 / 2 6 / 1 7 26 Pi n e l l a s C o u n t y P u b l i c W o r k s - R / O / W U s e P e r m i t 60 d a y s Mo n 2 / 2 7 / 1 7 We d 4 / 2 6 / 1 7 27 PC W M D - C o m m e r c i a l a n d M u l t i - u s e D o c k P e r m i t 90 d a y s Mo n 2 / 2 7 / 1 7 Th u 5 / 2 5 / 1 7 28 SW F W M D - E n v i r o n m e n t a l R e s o u r c e P e r m i t 90 d a y s Mo n 2 / 2 7 / 1 7 Th u 5 / 2 5 / 1 7 29 FD E P - W a t e r D i s t r i b u t i o n S y s t e m P e r m i t 90 d a y s Mo n 2 / 2 7 / 1 7 Th u 5 / 2 5 / 1 7 30 FD E P - S o v e r e i g n S u b m e r g e d L a n d s A u t h o r i z a t i o n 90 d a y s Mo n 2 / 2 7 / 1 7 Th u 5 / 2 5 / 1 7 31 US A C E - S e c t i o n 4 0 4 D r e d g e a n d F i l l P e r m i t 12 0 d a y s Mo n 2 / 2 7 / 1 7 Fr i 6 / 2 3 / 1 7 32 Re s p o n s e s t o R A I a n d R e s u b m i t t a l s 30 d a y s Fr i 6 / 2 3 / 1 7 Sa t 7 / 2 2 / 1 7 33 Pe r m i t s I s s u e d 45 d a y s Sa t 7 / 2 2 / 1 7 Su n 9 / 3 / 1 7 34 Is s u e d f o r B i d d i n g P l a n s S u b m i t t e d t o C i t y 1 d a y Su n 9 / 3 / 1 7 Mo n 9 / 4 / 1 7 35 BI D D I N G S E R V I C E S 58 d a y s Mo n 9 / 4 / 1 7 Mo n 1 0 / 3 0 / 1 7 36 Bi d d i n g D o c u m e n t s a n d T e c hn i c a l S p e c i f i c a t i o n s 21 d a y s Mo n 9 / 4 / 1 7 Su n 9 / 2 4 / 1 7 37 Bi d d i n g P e r i o d 30 d a y s Su n 9 / 2 4 / 1 7 Mo n 1 0 / 2 3 / 1 7 38 Bi d s D u e 0 d a y s Mo n 1 0 / 2 3 / 1 7 Mo n 1 0 / 2 3 / 1 7 39 Bi d d i n g A n a l y s i s 7 d a y s Mo n 1 0 / 2 3 / 1 7 Mo n 1 0 / 3 0 / 1 7 5/ 2 8/ 2 3 8/ 3 0 9/ 6 12/16 10/23 Ap r Ma y Ju n Ju l Au g Se p Oc t No v DecJanFebMarAprMayJunJulAugSepOctNov2017 CI T Y O F C L E A R W A T E R NO R T H M A R I N A D E V E L O P M E N T P L A N AP R I L 6 , 2 0 1 6 DRAFT 1of 18 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:April 7, 2016 Project Number:___________ City Project Number:___________ Plan SetNumber:___________ 1.PROJECT TITLE: The Clearwater North Marina Improvements 2.SCOPE OF SERVICES: The City of Clearwater (City) has requested that AECOM provide a Scope of Services for professional consulting services for the permitting, design, engineering and production of construction documents and all related design services as described herein for tasks identified in the Clearwater North Marina Area Master Plan. The purpose of this document is to establish a scope of services for AECOM, define the parameters of the project, the project understanding, project schedule, limits of work and tasks to be performed. The design, engineering, permitting and coordination tasks to be performed by AECOM will take into consideration the following key program elements: Existing Parking Area and Seminole Street Modifications and Waterfront Boardwalk –Repave/stripe existing parking lot, add landscaping islands, improve surface drainage, provide low-impact design for stormwater treatment, waterfront boardwalk with educational displays along existing seawall; connections to boat ramps and multi-use trail DRAFT 2of 18 Pinellas Trail Connection –New multi-use trail connection from the Seminole Boat Ramp east to Osceola Street with associated amenities and pedestrian level lighting; New Trailer Parking Lot –Provide pavement design, low-impact design for stormwater treatment, landscape design, and security lighting and pedestrian connections to boat ramps. New Car Parking Lot –Provide pavement design, low-impact design for stormwater treatment, landscape design, and security lighting and pedestrian connections to boat ramps and Francis Wilson Playhouse New Floating Docks –Provide construction plans for two new floating docks adjacent to existing boat ramp; New Lawn/Green Space –New lawn area/green space with associated LID Stormwater treatment Park Enhancement –New mini-park design with associated amenities to enhance existing park land owned by West Coast Inland Navigation District (WCIND). I –CONCEPTUAL DESIGN PHASE Task 1 –Kick-Off Meeting AECOMwill convene a Kick-Off Meeting with the CITY within one (1) week after the Notice to Proceed. AECOMwill develop the agenda for the Kick-Off Meeting with input from the CITY. The Kick-Off Meeting will discuss and document the points of contacts within the CITY and AECOM, communication protocol, data requirements, the scope of work, confirm desired program elements, project schedule, milestones and submittals, and other miscellaneous issues. AECOMwill prepare minutes of the Kick-Off Meeting and will distribute them to the meeting attendees. Task 2: Site Inspection AECOM will perform a site inspection to check and verify the site specific information against the data collected above. The site will be visually examined and photographed by the ProjectTeam prior to the start of the design phase. The proposed route of the multi-use trail to the Pinellas Trail will be visually inspected to gain an understanding of the available right-of-way, ADA requirements, safety concerns, grading and drainage issues, and other design constraints. Task3–Data Collection DRAFT 3of 18 AECOM will review and collect all relevant base data information that is available in the Public Record files of the following public agencies: City of Clearwater Pinellas County Watershed Management Division (PCWMD) Southwest Florida Water Management District (SWFWMD) Federal Emergency Management Agency (FEMA) Florida Department of Environmental Protection (FDEP) Army Corps of Engineers (ACOE) Task 4–Survey Boundary, topographic and tree surveys will be conducted within the limits of the project. Topographic mapping will be provided on a 50-foot (minimum) grid extending 25 feet beyond the boundary of all proposed site improvements. The surveying effort may include: Updating the boundary survey ofCity land and rights-of-way; Topographic survey of the existing and proposed parking lots and connections to roadways; Bathymetric surveys of the areas proposed for floating docks; Curblines and edges of pavement for surrounding roadways and parking areas; Locations, sizes, top elevations and inverts of sewer and storm drains; Location of potable water valves, meter boxes, backflow preventers, fire hydrants; Above ground utilities, building corners, structures, seawalls, and site features; Establishment of site horizontal and vertical control points; Legal descriptions and sketches for new utility easements; and Submerged land lease research. DRAFT 4of 18 Task 4 –Geotechnical Investigation An evaluation of subsurface conditions at the project site will be performed to develop recommendations for site preparation, pavement and shallow foundation design and construction. The geotechnical scope of work will include a review of existing data, a field exploration program, laboratory testing, preliminary engineering evaluation and recommendations and a final geotechnical engineering report. Task 5–Utility Coordination AECOM will coordinate with City of Clearwater, Verizon, Duke Energy, Clearwater Gas and other utility providers to establish the location of the existing utilities within the project limits. A Sunshine One Call utility locate request will be made and the utility owners within the project area will be identified. The surveyor will record the approximate horizontal locations on the site specific survey based on flagging or marks provided by the utility companies. Task 6–Subsurface Utility Engineering (SUE) Vacuum excavations may be required at critical underground utility crossings. If SUE work is necessary, the horizontal and vertical disposition of the utilities will be identified along with the utility's size and material type. Utility information acquired will be presented on the provided construction drawings with dimensions shown for horizontal location and vertical data presented as depth of cover from existing grade. Task 7-Conceptual PlanPreparation Upon completion of the field review and land surveying tasks, AECOMwill produce a Conceptual Plan incorporating the program elements approved by the City during the kick-off meeting. The plan will depict the proposed program elements and relationship to existing conditions on an illustrated map at an appropriate scale. The plan will address the issues of pedestrian and vehicular circulation, infrastructure improvements, sidewalks, landscaping, lighting, and site furnishings. It is anticipated that conceptual plan will be used to solicit feedback from the public on the proposed design and amenities. AECOMwill incorporate one set ofCityreview comments to produce revised concept plans for a stakeholder meeting with the stakeholders identified by the City. The City’s Project Manager shall be responsible forcoordinating with all other Citypersonnel and stakeholders required to schedule and attend the meeting. The City shall be responsible for the logistics of the meeting, including venue. AECOM will present the concept plans and elicit public input. DRAFT 5of 18 Task 8 –Permit Pre-application Meetings AECOM will coordinate and meet with representatives of the City of Clearwater, FDEP, Pinellas County, ACOE and other appropriate permitting agencies prior to the submittal of permit applications. II–PRELIMINARY DESIGN PHASE Task 1 –Project Coordination Meeting AECOM will participate in meetings with the project team during the Design Phase of the project to review the plans, permit applications and site specific requirements of the project. Meetings will be held at City of Clearwater offices on a monthly basis for the duration of the project. Task 2 –Preliminary EngineeringPlan Preparation After City approval of the conceptual plan, preliminary site drawings will be produced and will include the following: Overall Base Plan -A base sheet will be prepared in AutoCAD showing the proposed improvements overlaid on the existing property lines, roadways, parking lots, utilities, topography, wetland jurisdictional lines, trees, existing roadways. The parking lot will be laid out with consideration given for turning movements and required parking geometry for boat trailers. Paving and Grading Plans -Preliminary paving and grading plans will be prepared for the parking areas, trail connection, streetscaping, and sidewalks. Vehicular circulation patterns and turning radii of existing and new parking areas and roadways will be verifiedwith vehicle turning movement software such as AutoTurn. Drainage Analysis –The pre-application meetings with SWFWMD and FDEP will confirm the reviewing agency and the stormwater design criteria required for the improvements. A preliminary stormwater analysis will be prepared (to be completed with AdICPR software during Final Design Services.) The stormwater drainage system for the existing parking lot will be reviewed and assessed to determine if any remedial repairs or upgrades are required for the final configuration. Low-impact design alternatives for stormwater treatment for run- off from the parking area will be researched and incorporated into the drawings. Treatment options may include bioswales or manufactured treatment systems. DRAFT 6of 18 Preliminary Landscape & Hardscape Plans –Preliminary landscape, hardscape, lighting and gateway signageplans will be developed for the site and include the WCIND park area, the parking areas, the waterfront boardwalk, the lawn/green space and the trail connection route. Recreation, bicycle and pedestrian amenities such as comfort stations, water drinking fountains, shade structures, water accessibility, observation areas, picnic shelters, seating, bike racks, dog walk/sanitation stations can be discussed in the project programming. Floating Dock Plans –A City approved manufacturer or vendor will be responsible for the design of the floating docks. The vendor will provide signed and sealed plans and specifications to incorporate into the construction documents. AECOM will design the piers and the connections to land. This task includes design and permitting for dredging for the south staging dock. No inspection, upgrades or redesign of the existing seawalls or retaining walls is included. This task also includes delineation of existing seagrass beds within and immediately adjacent to the proposed project footprint, including any proposed temporary construction footprint locations. AECOM will document the boundaries of existing seagrass beds using hand-held GPS units for incorporation into the project construction plans. It is anticipated that impacts toexisting seagrass beds resulting from the proposed transient docks will require mitigation. This task does not include any formal wildlife surveys.Should seagrass mitigation be required, AECOM will develop a mitigation plan to offset adverse impacts to seagrass beds resulting from the project. As part of this task, proposed impacts will be evaluated using the Uniform Mitigation Assessment Method (UMAM), and the results will be used to determine the appropriate level of mitigation needed for the project. This task includes coordination with the FDEP and the USACE for negotiation and approval of the proposed UMAM scores and seagrass mitigation plan. This task does not include any post-construction mitigation monitoring. Lighting Design and Electrical Engineering –AECOM will document existing field conditions, equipment and furnishings to remain and coordinate new electrical installations with existing conditions in the field. Duke Energy will be contacted to confirm proper coordination of the electrical services and fixtures. AECOM will provide the City with options to choose from for the preferred type of light fixtures and light pole type(s). The City will provide direction for existing equipment to remain and/or be relocated. Deliverables: Boundary andTopographic Surveys Geotechnical Engineer Report DRAFT 7of 18 Preliminary Drainage Analysis Preliminary Drawings Cost Estimate CITY standard specifications will be used to the fullest extent possible. Any required sections not covered by standard CITY specificationswill be prepared by AECOM. AECOMtechnical specifications will be prepared in CSI Master Format -2004. Task 11 –Final Design The tasks included in Final Design Services will be the preparation of the final construction documents including plans for the project. The objective of this task will be to provide construction documents to support the permitting, bidding, and construction phases of the project. The construction document plan set will include the following plans: Demolition Plan–AECOM will prepare demolition and tree protection plans that will illustrate which buildings, structures, pavement areas, trees, etc. are to be demolished, removed, or protected. Paving and Grading Plan-Paving and grading plans will be developed for the developed portions of the site. This will include establishing lines, grades, and slopes necessary to provide adequate surface drainage for the parking areas, sidewalks and landscaped areas. AECOM will prepare a striping, signage and pavement marking plan for project limits of the parking lots and trail connection. The striping, signage and pavement marking plan will include the pavement marking (striping, turn arrows, reflective pavement markings, etc.) and signage required by the City. The Contractor will be responsible for the preparation of Maintenance of Traffic plans. Landscape Plans–Landscape Design Plan sheets will be prepared in AutoCAD DWG format and PDF format. Landscape Design Construction Documents will be prepared in accordance with City of Clearwater Community Development Code and be signed and sealed by a Registered Landscape Architect in Florida. The landscape design plan sheets will depict the proposed planting and will be graphically and dimensionally referenced. Plant Schedule: Plan sheet will include a plant schedule providing a tabular plant materials list identifying the proposed plantings by their plan symbol, quantity of each species, botanical and common name, and the planting specifications (planting height, width/spread, container or root ball size, caliper, clear trunk dimension, plant spacing on-center dimension), specialty features. Plans will also include General Notes and Landscape Details. DRAFT 8of 18 Hardscape Plans–Hardscape Design Plan sheets will be prepared in AutoCAD DWG format and PDF format. Hardscape Design Construction Documents will be signed and sealed by a Registered Landscape Architect and/or a Registered Professional Engineer in Florida. Plan sheets will depict proposed design elements including pedestrianand bicycle amenities, special paving and all other proposed hardscape amenities. Irrigation Plans–Irrigation Design Plan sheets and details will be prepared using AutoCAD for an irrigation system that provides 100% coverage for proposed plantings within the project limits. Irrigation design and technical specification shall be in accordance with City preferences. It is assumed that the source will be reclaimed water. Gateway Feature SignagePlans–Gateway Feature Sign Plan sheets will be prepared and include: Graphic standards (typestyle, arrows, symbols) Dimensioned layouts Fabrication details with material and color specifications Mounting details Technical specifications Potable Water Plan-Construction drawings will be prepared for a potable water system to service drinking fountains, fish cleaning stations and hose bibs. The water distribution system will be designed and prepared in accordance with the City of Clearwater Technical Standards and the requirements of the Florida Department of Environmental Protection (FDEP). The FDEP application is “Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs”. The location and number of proposed water drinking fountains, fish cleaning stations and hose bibs will be established as approved by the City during the preliminary design phase. Stormwater Management and Collection–A stormwater management report and construction plans will be developed for the applicable portions of the project. The expectation is that the existing paved parking lots and the pedestrian sidewalks will be exempt from environmental resource permitting. The stormwater permitting for the new parking area will be included in the ERP application package for the floating docks. Floating Dock Plans-The finaldesign of the floating docks will be completed with the vendor who was selected in the Preliminary Design phase. The vendor will provide signed and sealed plans and specifications to incorporate into the construction documents. AECOM will design the piers and connections to land. Lighting Design and Electrical Engineering–Photometric analysis will be conducted for the parking lot and pedestrian sidewalk. The lighting and electrical design drawings will be in accordance with the National Electrical Code NEC, the Illuminating Engineering Society of North America IES Handbook and other applicable codes and standards.AECOM will DRAFT 9of 18 perform all necessary calculations to support design documents including photometric calculations for lighting, voltage drop, and electrical load. AECOM will specify types of materials, method of attachment, conduit and conductor sizes and other pertinent information as required for a complete and operating system. Design drawings will be developed illustrating locations and requirements for electrical services, light poles and fixtures, receptacles, branch circuiting, power riser diagrams, and panel schedules. All wiring and conduit design to new designed lighting fixtures for a complete and operational system.All conduit and conductors are assumed to be new. Lighting luminaires shall be selected based on local environmental conditions (to be coordinated with the Florida Fish and Wildlife Commission).Luminaires shall be provided with glare and spill control. Other electrical and lighting services may include: Design of automatic lighting control.(Photocell only or photocell and timeclock); Electrical design of landscape lighting; Design of Closed Circuit Television (CCTV) design or provisions for future CCTV; Power provisions for parking lot pay station; Lighting for any signage; Lighting for floating dock(s) and boat ramps; Power provisions to any electric drinking fountains; Power provisions for lighting and receptacles at pavilions; Receptacles located in various parking lot site lighting poles; and Power for electric car chargers. Stormwater Pollution Prevention Plan (SWPPP) -AECOM will develop a Stormwater Pollution Prevention Plan (SWPPP) to support the NPDES Stormwater Construction Generic Permit (CGP) in accordancewith 40 CFR parts 122 and 123 and Section 403.0885, Florida Statutes, and applicable rules of the Florida Administrative Code. AECOM will design appropriate Best Management Practices (BMPs) to protect Waters of the State and existing stormwater management systems from adverse impacts during proposed construction activities. Such controls can include erosion controls, sediment controls, stormwater management controls, temporary grading for drainage, and controls for tracking of sediments. The SWPPP plan will include the following elements: Identify the stormwater team responsible for implementing the SWPPP, including a qualified inspector; DRAFT 10of 18 List all contractors or subcontractors who will be conducting construction activities at the site; Describe the nature of construction activities covered under the CGP; Describe the intended sequence and timetable of major soil-disturbing activities (clearing, grubbing, grading, cut/fill, dewatering, installation of BMP and stormwater controls, paving, stabilization, removal of construction equipment/vehicles, etc.); Estimate the total site area and area(s) anticipated to bedisturbed by construction activity; Locate proposed discharge points and list all anticipated non-stormwater discharges covered under the CGP; Describe temporary and permanent BMPs and stormwater controls that will be implemented or installed during the construction process to control pollutants/sediments in stormwater discharges; Describe dewatering controls (as applicable) to ensure that discharges of non- contaminated groundwater do not cause violations of State water quality standards; Detail stormwaterinspection procedures and BMP maintenance activities and schedules; Provide a site map showing property boundaries, entrance/exit points, drainage patterns and existing surface waters/wetlands, construction activity and dewatering locations, major structural and non-structural controls, discharge locations, protected areas; and Include all the signed contractors and subcontractors certifications Draft copies of this plan will be submitted to the City for their review and comment. Comments from the City will be incorporated into the plan prior to its submittal to the regulatory agencies (i.e., Florida Department of Environmental Protection and U.S. Environmental Protection Agency). AECOM will coordinate with the City and other contractors regarding stormwater management controls during the course of the project. Monthly reviews and updates (as needed) of the SWPPP may be required during the project due to changes in the plans, proposed construction methods or other permits. Deliverables: Final Drainage Analysis; Final Drawings –Landscape, Hardscape, Lighting, Paving & Grading, Drainage; Stormwater Pollution Prevention Plan DRAFT 11of 18 II-BIDDING PHASE Task 3 -Bidding Services AECOM will attend the pre-bid conference. The purpose of AECOM attendance is to answer technical questions with respect to the design. AECOM will not be responsible for questions or providing information involving the contract between the CITY and the contractor. AECOM will assist the CITY in preparing up totwo (2) addendaduring the bid phase to formally answer bidder’s technical questions, clarify issues or adjust the bid documents prior to the bid opening. Following bid advertisement by the CITY, AECOM will review the bids submitted by the contractors and provide recommendation of award to the CITY. 3.PERMITTING: AECOM will prepare and submit the permit applications, plans and supporting documents to the appropriate agencies or departments for reviewand approval. Submittals will be made to the following permitting agencies or governmental departments: City of Clearwater Project Planning Review Site Construction Plan Approval Pinellas County Public Works Right-of-Way Use Permit (Trail Connection) Pinellas County Watershed Management Division (PCWMD) Commercial and Multi-use Dock Permit Southwest Florida Water Management District (SWFWMD) Environmental Resource Permit (ERP) Florida Department of Environmental Protection (FDEP) Water Distribution System Permit Environmental Resource Permit (ERP) Sovereign Submerged Lands Authorization U.S. Army Corps of Engineers (USACE) Section 404 Dredge and Fill Permit Environmental Protection Agency (EPA) NPDES Notice of Intent (through FDEP) Agency Coordination -AECOM will coordinate with representatives of the above listed agencies as part of the permit application review process to address potential design and construction concerns. This task includes a pre-application meeting and, DRAFT 12of 18 if necessary, a post-submittal site inspection with each of the above permitting agencies. As part of this task, AECOM will respond to one (1) Request for Additional Information from each agency following the initial permit application submittal. Requests for Additional Information (RAI) and Resubmittals: AECOM will prepare written responses to each RAI comment from the agencies, complete additional design revisions, and resubmit the plans and supporting documents for final approval. Deliverables: City of Clearwater Site Plan Approval FDEPEnvironmental Resource Permit Pinellas County Right-of-Way Use Permit Pinellas County Commercial and Multi-use Dock Permit FDEP Water Distribution System Permit FDEP Sovereign Submerged Lands Authorization USACE Dredge and Fill Permit EPA NPDES Notice of Intent Application 4.PROJECT GOALS: The project goal is to improve the infrastructure of the North Marina Area. These proposed improvements will provide the users of the North Marina and others with enhanced parking, user features, landscaping and park amenities. 5.BUDGET: Attachment “B” provides the fee estimate detail. This price includes all labor and expenses anticipated to be incurred by AECOMfor the completion of these tasks in accordance with Professional Services Method “A” –Cost Times Multiplier Basis, for a fee not to exceed Three Hundred Seventy FiveThousand ($375,000.00). DRAFT 13of 18 6.SCHEDULE: The design portion of the project is to be completed XXXXX days from issuance of notice- to-proceedorfrom the date all information that is to be provided by the CITY is received by AECOM. Theschedule is based upon the assumption thatCITY reviews of the project work products will be completed in two (2) weeks from the date of submission. The project deliverables are to be phased as follows: Conceptual Design 132calendar days Preliminary Design 105calendar days FinalDesign 75 calendar days Permitting 196calendar days Bidding Assistance 58 calendar days 7.STAFF ASSIGNMENT (Consultant): Officer-in-Charge:Dana K. Tallman, PE, BCEE Project Manager:Dennis Syrja, PE Landscape Architect:Paul Kurtz, RLA, LEED AP, BD+C™ Senior Designer:Terry Sonnenberg Admin Assistant:Deborah Mols 8.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed toXXXXXX. All City project correspondence shall be directed to Dennis Syrjawith copies to others as may be appropriate. 9.INVOICING/FUNDING PROCEDURES: Invoices for work performedshall be submitted monthly to theCity of Clearwater, EngineeringDepartment, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: XXXXXXX DRAFT 14of 18 10.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.Contractbilling method –Lump Sum or Cost Times Multiplier E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 11.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013)where applicable. PREPARED BY:APPROVED BY: ________________________________________________ Dana K. Tallman, PE, BCEE Michael D. Quillen, PE Vice President City Engineer AECOM City of Clearwater ______________________________________ Date Date 15of 18 Attachment “A” WORK ORDER INITIATION FORM CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City ofClearwater 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 oftwo (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents inPDF 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. 16of 18 Attachment “B” THE CLEARWATER NORTH MARINA IMPROVEMENTS ÆÕÕ ÕÕÕÕ ÕÕ WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1 Conceptual Deign $29,670 $78,962 $108,632 2 Preliminary Design $82,518 $82,518 3 Final Design $121,685 $121,685 4 Permitting $35,891 $35,891 5 Bidding Services $11,376 $11,374 $360,100 Subtotal, Labor &Subcontractors $360,100 Permit Review Fees $5,000 Other Direct Costs (prints, photocopies, postage, etc.) $9,900 Grand Total $375,000 Attachment “C” 17of 18 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: Cover Sheet, Legend and Abbreviations per City standards, Key Sheet, Demolition Plans indicating existing improvements, utilities, and topography, and identification of trees to be removed, 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, 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: General Construction Notes related to best management practices, utilities, and other conditions relevant to the project, Typical pavement sections shall indicate typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas, Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, retaining walls, and related notes, Erosion control and tree protection details, including best management practices applied to the project, Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, Detailed Cross Sections, Wetland Planting Plans and Details, 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, Permit Applications, Estimated construction quantities, Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 60% design submittal, and Engineer/Architect will review City’s standard technical specifications and modify or supplement as necessary for the project. Attachment “C” 18of 18 90% Construction Plans The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include the following: a.Maintenance of Traffic Plan, b.Structural plans, details, and calculations, including design and details of shallow foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks, and stability analyses for slopes and retaining walls, c.Detailed construction quantities based upon 90% design, d.Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 90% design submittal, and e.Technical specifications and Special Provisions. Final (100%) Construction Documents The 100% submittal shall address the City’s final review comments. Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. See Attachment “A” –Deliverables –for specific labeling requirements. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2370 Agenda Date: 4/18/2016 Status: Approval ReviewVersion: 1 File Type: ReportIn Control: Planning & Development Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract for professional services pursuant to Request for Proposals (RFP) 04-16 to HR and A Advisors, Inc. for the Imagine Clearwater: Downtown Waterfront Master Plan Project as described in the Scope of Services for a lump sum fee of $378,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The creation of a master plan for the bluff/waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014. RFP 4-16 was prepared to solicit consulting services to develop such plan with the primary objectives of better connecting the bluff and the waterfront with the remainder of downtown, creating a strategy for economic development, activating the waterfront, defining a parking strategy and creating opportunities for waterfront events to benefit downtown businesses. The RFP also called for the inclusion of a robust public engagement process and an implementation strategy to transform the area into a signature waterfront area connected to the commercial area. On November 18, 2016, notice of RFP 04-16 was posted on the City’s website, as well as the websites of the American Planning Association and the Congress for New Urbanism. A total of eight firms submitted proposals by the January 8, 2016 deadline including: Design Collective; Dover, Kohl, & Partners; GAI Consultants, Inc.; HR & A Advisors, Inc.; Stantec’s Urban Places Group; TBG Partners; Urban Design Associates and Zyscovich Architects. On January 22, 2016, the City’s Evaluation Committee comprised of representatives of the Planning and Development, Economic Development and Housing, Engineering, Parks and Recreation and Marine and Aviation Departments short-listed six of those firms: Design Collective; GAI Consultants; HR & A Advisors, Inc.; Stantec’s Urban places Group; Urban Design Associates; and Zyscovich Architects. Interviews were conducted on February 25 and 26, 2016 and on March 3, 2016 HR & A Advisor’s, Inc. was selected as the top-ranked firm. The proposed scope of services calls for the following major tasks in the development of the waterfront master plan: ·review and analysis of existing conditions (demographic, economic, real estate market, and physical conditions including circulation and parking, parks and open space, public realm and opportunities assessment of major parcels and sites within the study area); ·development of framework plan that address circulation, open space and catalyst projects; ·development of infrastructure cost estimates for public investments; Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2370 ·development of action plan /implementation strategy (considers factors such as market potential, property ownership, policy, etc.; and ·preparation of draft and final master plan Each task builds upon the previous one and includes development of ideas and refinements after public input is received. Two opportunities for City Council review and input will also occur once the draft framework plan is prepared and then again after the draft master plan is prepared. Public engagement with the citizens of Clearwater will occur at seven meetings at three points during the master planning process. A stakeholder coalition made up of a diverse group of community constituents will also be formed to participate in the process. Additionally, social media and a project website will be used to provide information to the community, as well as provide a mechanism for input. The Planning and Development Department will also conduct outreach activities to community, business and neighborhood groups. Presentations will also be made to City council for input. The conceptual framework plan will be presented to City Council for feedback as well as the draft Master Plan. The Planning and Development Department recommends that City Council award the contract to HR & A Advisors, Inc. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in the CRA Project Fund 388-94885, ULI Implementation, to be authorized by the CRA at their April 18, 2016 meeting. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 1 SCOPE OF SERVICES CLEARWATER BLUFF/WATERFRONT MASTER PLAN The HR&A Team proposes a scope of services that will meet the City of Clearwater’s need for a Master Plan that will integrate the Bluff, Waterfront, and Downtown. The overarching goal of this plan will be to catalyze new development, invigorate the local economy, manage stakeholder partnerships, and create a vibrant waterfront. Public engagement will be an ongoing effort throughout the plan’s duration. Our public engagement goals for the Clearwater Bluff/Waterfront Master Plan are twofold. Successful public outreach will engage a wide range of Clearwater’s residents to ensure that the plan’s design is grounded in the public’s aspirations and sensitive to the public’s concerns, while also building the consensus and partnerships required to ensure a successful implementation plan. 1) Project Kick-Off Phase 1 provides an opportunity for the HR&A Team to review background information and engage with the City to establish priorities for the plan. Phase 1 will take place over the first several weeks of the project, with Task 1.3 occurring concurrently with initial Phase 2 activities. Task 1.1: Review of Existing Plans and Data The HR&A Team will review all existing plans related to the study area. Plans will include the Urban Land Institute’s assessment, the Clearwater Downtown Redevelopment Plan, the Comprehensive Boating Plan, and the City’s stormwater manual, among others. Furthermore, we will review any market studies and related data sources provided by the City. This task will help set the stage for Phase 2, the Existing Conditions Analysis. Task 1.2: Initial Project Conference Call HR&A will participate in a conference call with the City’s project lead. The purpose of this call will be to plan the Team’s first trip to Clearwater. Task 1.3: Project Kick-Off in Clearwater To formally initiate the project, the HR&A Team will make a two-day trip to Clearwater (Trip #1) in order to:  Hold a kick-off meeting with City officials to discuss the project’s schedule and work plan, in addition to planning for the public engagement strategy that B2 Communications will assist with, including: o Planning for public engagement activities; o Project website content, launch, and maintenance; and o Social media strategy and email list; THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 2  Hold a kickoff meeting with initial Stakeholder Coalition, described in Task 2.1a; and  Conduct a tour of the study area. 2) Public Engagement and Stakeholder Coalition Launch The activities described in Phase 2, which include the creation of and engagement with a Stakeholder Coalition, will overlap with specific activities throughout the entirety of the project scope of work. Please reference the project schedule for an illustration of the relationship of the proposed activities. Task 2.1: Form a Stakeholder Coalition We will help to lay the groundwork for a robust coalition of stakeholder organizations that can articulate the views of the City’s diverse constituents and play a supporting role in the Team and City’s robust outreach process. Our work will include the following subtasks: Subtask 2.1a. Initiate Stakeholder Coalition. During Trip #1, following our kick-off meeting with the City, we will meet with the group of Clearwater stakeholders already identified by the City in order to discuss a strategy to create a broader coalition of stakeholders. We will prepare a summary of our findings and recommendations to share with the City and stakeholders, as referenced in the deliverable description below. DELIVERABLE: FEEDBACK FROM PROJECT KICK-OFF After Phase II, HR&A will draft a memo to report back to the City staff and the Stakeholder Coalition on feedback gathered during project kick-off and key considerations to guide the planning process, including recommendations regarding the supporting role to be played by the Stakeholder Coalition. Subtask 2.1b. Refine Outreach Plan. Once we have established an initial set of goals and supporting roles for the Stakeholder Coalition, we will return to Clearwater for Trip #2, timed to align with the conclusion of the Existing Conditions phase, to discuss outreach progress with the group and the City, acknowledging that the City will likely play the largest role in one-on-one outreach to neighborhood groups and other community organizations in between the official public meetings. We will discuss the Stakeholder Coalition’s role – and the role of specific members – in supporting the City’s implementation of the outreach strategy, as well as any implications from the Team’s existing conditions findings. Subtask 2.1c. Conduct Initial Public Meetings. During Trip #2 we will conduct three highly-promoted initial public meetings to gather initial input and suggestions from Clearwater’s citizens regarding the broad direction of the waterfront planning effort and their vision for the site, as well as understand their thoughts and aspirations for downtown. The public events will be designed in a charrette-style to engage attendees in a highly interactive discussion of specific core areas of interest, which might include waterfront recreation, parks and open space, or real estate development. The events will be coordinated with the City of Clearwater to maximize public THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 3 participation, and we will likely vary location to reach a wide cross-section of Clearwater residents. Our conversation will be informed by the Team’s existing conditions findings. B2 Communications will work with the City to encourage event attendance by diverse Clearwater constituents via digital and other outreach. Task 2.2: Provide Ongoing Parallel Outreach Support The City intends to take a leadership role in managing a parallel outreach process to be undertaken primarily by the City and secondarily by key members of the Coalition. While the City will organize and attend the majority of these meetings, it may discuss strategy regarding outreach targets, participation and materials with the Team. We will be available throughout the master planning process to support the City by helping staff tweak any templates created for earlier public meetings (e.g. presentation slides, visual aids) for use during outreach meetings. Task 2.3: Provide Ongoing Digital Engagement Strategy and Media Relations Efforts Over the course of the project, B2 Communications will launch and oversee a digital engagement and media relations strategy, as follows: Subtask 2.3a. Digital Engagement Strategy. B2 Communications will coordinate with the City to generate awareness and excitement about the master planning process and its community meetings.  B2 will support the maintenance of an email listserv that has already been developed by the City, to be used throughout the project’s duration.  Simultaneously, B2 will work with the City to deploy social media, using outlets such as Facebook and Twitter, as a means of communicating with the public and circulating information.  B2 will support the City’s launch of a project website that will serve as a “command center” for the planning process and complement the City’s existing MyClearwaterInput.com. The site will be a place to publicly display aspects of the plan as it unfolds and may also serve as forum to collect public feedback. The City will manage the development, maintenance and hosting of the web portal. Subtask 2.3b. Media Content and Relations. Throughout the master planning process, B2 Communications will coordinate with the City’s Public Communications Department to actively pursue key media placements with reporters and publications to generate informative stories about the planning process. These news articles and press releases will support the efforts of the City’s Public Communications Department and ensure that messaging is targeted and accurate. B2 will provide strategic guidance to the City regarding content for major social media postings, newspaper articles, email announcements and website postings, while the City’s Public Communications Department and other City leadership will handle announcements and other simple postings independently. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 4 3) Existing Conditions Analysis In Phase 3, the HR&A Team will analyze economic trends and the physical conditions of the study area as a platform for understanding the waterfront’s needs going forward. Task 3.1: Demographic, Economic, and Real Estate Market Analysis Subtask 3.1a. Demographic and Economic Analysis: HR&A will analyze demographic and employment trends and indicators in the study area, as well as the Tampa-St. Petersburg-Clearwater MSA in order to contextualize the study area within its greater context. HR&A will assess trends in population, age, migration, educational attainment, and commuting patterns. We will also examine the performance of the region’s key industry sectors in terms of employment and earnings trends in order to assess employers’ potential space needs. The firm will conduct this analysis using third-party data from the U.S. Census Bureau, ESRI Business Analyst, the U.S. Bureau of Labor Statistics, as well as available local sources. This effort will provide a foundation of knowledge for the Master Plan. Subtask 3.1b. Real Estate Market Analysis: HR&A will complete an analysis of Clearwater’s real estate market. This study will address multiple asset classes, including retail, residential, commercial office, and hotel in order to determine what mix of uses Clearwater’s market is likely to support. HR&A will supplement third party data sources such as CoStar, REIS, Smith Travel Research, and broker market reports, through interviews with real estate industry experts including real estate brokers and developers. This real estate market analysis will include:  A review of recent trends in inventory, rents, and vacancy for residential, commercial office, and retail uses.  A survey of recent market activity and the development pipeline for each asset class, focused on the City of Clearwater and the region. HR&A will profile successful projects in Clearwater and the region that could serve as precedents for future development.  A review of Clearwater’s existing housing stock and an analysis of the area’s resident market in order to consider the potential for new residential development.  An analysis of the office market in Clearwater and the region that will include absorption potential based on trends in supply and demand.  A retail gap analysis intended to identify potential categories of growth for Clearwater’s retail market based on spending potential and existing sales.  A hotel analysis that identifies the potential for additional hotel development in Clearwater based on recent trends in occupancy, average daily rate, revenue per available room, and supply of hotel rooms. Task 3.2: Physical Conditions Analysis Subtask 3.2a. Circulation and Parking Conditions: Kimley-Horn will lead the HR&A Team’s analysis of circulation and parking conditions. Kimley-Horn will study existing pedestrian, bicycle, vehicular, and watercraft transit networks in order to determine how they perform individually and as a system THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 5 overall. Kimley Horn will also review existing parking conditions, including (i) an inventory of on- and off-street parking facilities, which will include access points, wayfinding/signage, hours of operation, and cost, and (ii) a study of parking occupancy counts within the study area for both a typical weekday and weekend day. Kimley-Horn will review past, completed studies such as the Urban Land Institute’s Advisory Services Panel Report, the Comprehensive Boating Plan, the Clearwater Downtown Redevelopment Plan, and Pinellas County’s 2040 Long Range Transportation Plan to supplement the Team’s own analysis with an understanding of broader planned and proposed transportation infrastructure improvements. Subtask 3.2b. Parks and Open Space Conditions: Sasaki will lead the HR&A Team’s analysis of existing parks and open space. Sasaki will study discrete green spaces such as Coachman Park, linear pathways such as the Pinellas Trail, and more general open space networks. Overall, the Team will assess Clearwater’s open space assets for their ability to cater to a range of different activities, including passive recreation and special programming, through their design and physical conditions. Furthermore, the Team will consider the resiliency of the study area’s green spaces with respect to usage, flooding, and environmental concerns. A key output of this analysis will be an assessment of Coachman Park’s assets, challenges, and opportunities to support planning efforts moving forward. Subtask 3.2c. Existing Public Realm Conditions: Sasaki will lead the HR&A Team’s analysis of existing urban realm conditions. The Team will study the design of the urban realm overall, considering how its many land uses and multifaceted form facilitate or inhibit daily life. Layered on top of our studies of circulation, parking, parks, and open space, this study of the urban realm will reveal how Clearwater’s many systems interact. Subtask 3.2d. Opportunities Assessment: The HR&A Team will build upon its analysis of Existing Public Realm Conditions by assessing major parcels and sites within the study area, including those specified in the RFP. This will allow the Team to vet key opportunities for catalyst projects that could become essential “first steps” in activating the downtown waterfront. Specifically, HR&A and Sasaki will develop a scorecard for each potential catalyst project to guide City priorities going forward. Factors to be considered may include:  Property usage  Physical constraints  Access and adjacencies  Timing of potential availability  Current uses & future devt. plans  Infrastructure availability/requirements  Zoning restrictions  Other legal restrictions  Visions expressed in planning documents  Market analysis implications The scorecard will include metrics by which to rank properties or areas according to the above criteria. DELIVERABLE: EXISTING CONDITIONS PRESENTATION The HR&A Team will prepare a presentation summarizing the findings of the existing conditions analysis. The existing conditions analysis will document the study area’s economic outlook and real estate market, circulation system, and opportunities to improve upon existing public spaces and activate catalyst the projects. This analysis provides a necessary foundation for subsequent phases of the planning process. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 6 Task 3.3: Presentation of Existing Conditions Findings and Public Engagement Part II The HR&A Team will make a two-day trip to Clearwater (Trip #2) to undertake the following activities:  The HR&A Team will preview our findings with City representatives, either in advance of Trip #2, or during, in order to identify any changes necessary in advance of briefing the Stakeholder Coalition and the public.  During Stakeholder Coalition Meeting #2 we will introduce the study, present preliminary existing conditions findings, discuss potential opportunities and challenges, and provide a venue to comment on the existing community vision for Downtown.  During Public Workshops #1, 2 and 3, as described in Task 2.1a, we will gather input from the public on their priorities and vision for the waterfront. Task 3.4: Conference Call with Client to Discuss Public Engagement Findings from Trip #2 The HR&A Team will join a conference call with the Client to discuss findings from the public engagement activities completed during Trip #2. This call will help guide Phase 3 of the project by determining how to best incorporate public feedback. DELIVERABLE: FEEDBACK FROM ENGAGEMENT The Team will prepare a summary of findings from our public engagement activities, including a summary of goals, opportunities and challenges associated with waterfront redevelopment. 4) Development of Framework Plan In Phase 4, the HR&A Team will build upon the existing conditions analysis and feedback from public engagement to develop a Framework Plan. The Framework Plan will address salient issues through topical chapters including circulation, open space, and catalyst projects, which the HR&A Team will then vet through additional public engagement to confirm the elements of the final plan. Task 4.1: Framework Plan Concept Development The HR&A Team will meet internally to workshop the overall vision for the Master Plan and the key framework elements being prepared by Team members. This workshop will be an opportunity to put forth a number of hypotheses and ideas that can unite the components of the Framework Plan. Topics to be considered will include the overall spatial ordering, identification of sites to prioritize, identification of programmatic opportunities to pursue, and the overall vision for the study area’s future. The output of this workshop will be up to three (3) conceptual scenarios that may vary by spatial arrangement, uses of catalytic sites, or program of public amenities and spaces. The Team may propose a single conceptual scenario should it seem appropriate. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 7 Task 4.2: High-Level Conceptual Framework Plan Components: The HR&A Team will create high-level conceptual framework plans in order to steer further plan development. The framework plans will flow from the scenarios outlined during an internal opportunities workshop. Each framework plan will, based upon the scenarios developed, offer a set of alternative strategies for improvement to be tested and refined through public engagement. These framework plans will be executed on a high level so that more detail may be added at a later phase. Subtask 4.2a. Catalyst Projects Framework Plan: HR&A and Sasaki will develop a conceptual Catalyst Projects Framework Plan that will prioritize up to three alternative development strategies based on the findings of the opportunities assessment. This plan will reflect the values of the community in spatial terms to provide a clear phasing structure that will identify tangible, specific “first steps.” The Catalyst Projects Framework Plan will delineate a mix of land uses both within the study area and in immediately adjacent areas to ensure that sites, when redeveloped, have multiple ripple effects on economic development, public realm enhancement and greater connectivity for the City as a whole. Subtask 4.2b. Parks, Open Space, and Public Realm Framework Plan: Our Team will develop a conceptual Parks, Open Space, and Public Realm Framework Plan. The framework plan will provide options for the overall physical structure for the Bluff/Waterfront Master Plan by prioritizing major open space networks, and by giving form to the spatial character and function of the Bluff’s great placemaking opportunity, Coachman Park. Opportunities for passive and active recreation will be considered from the outset. Clear and inviting access will be the first critical step in creating a true destination – Clearwater’s own vibrant city-scaled waterfront park and public realm network. Furthermore, the Team will incorporate principles of Low Impact Design in order to mitigate stormwater runoff and maximize the usability of the study area’s open spaces. Subtask 4.2c. Circulation Framework Plan and Parking Strategy: Our Team, led by Kimley Horn, will also develop a conceptual Circulation Framework Plan and parking strategy. This plan will unite the previous two framework plans, providing options for a circulation system that will facilitate successful new developments, exciting open spaces, and a functional, pleasant public realm. A high-level transportation network will include walking and bicycle access, transit access/circulation, vehicular traffic flow, watercraft access including water taxi, emergency vehicle access and staging, maintenance access, deliveries (food service, etc.), and special event access and traffic circulation. The overriding principle of the framework plan will be to set the stage for creating a walkable and bike-able environment that is pleasant, interesting, and seamlessly connected and integrated with downtown. Kimley-Horn will also lead the Team in generating a parking strategy for the study area. The parking strategy will assess the study area’s parking demand in light of both existing demand and the proposed development program for catalyst sites. We will identify locations for new parking facilities, in addition to opportunities for shared parking (public and private). The strategy will also propose parking design guidelines, zoning code updates, and a management strategy, as appropriate. Kimley-Horn’s approach to parking strategy is at the forefront of technology-driven planning, an approach that the Team hopes to bring to Clearwater. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 8 DELIVERABLE: DRAFT FRAMEWORK PLAN The HR&A Team will prepare the Conceptual Framework Plan in presentation format. The document will utilize data visualization techniques, graphic drawings and renderings, and narrative text, among other communicative means as needed. The presentation will convey the Conceptual Framework Plan’s different scenarios in an accessible manner so that the Team may receive feedback on options from City representatives, the Stakeholder Coalition and the public. Task 4.3: Presentation of Framework Plan The HR&A Team will visit Clearwater for a three-day trip (Trip #3) in order to:  Preview the Conceptual Framework Plan with the City representatives to solicit input in advance of presenting to the Stakeholder Coalition.  Meet with the Stakeholder Coalition to receive feedback on the Conceptual Framework Plan. We will present the alternative scenarios comprising each framework element so that members can voice preferences for specific elements to be elaborated further in the final Framework Plan.  Conduct two public events to introduce the Conceptual Framework Plan to the local community. These sessions will be an opportunity for the public to provide input on the options presented in the scenarios, such as urban design initiatives, open space improvements and infrastructure priorities. These sessions will be highly interactive and will occur after meetings with City representatives. Workshop-style activities that utilize graphic materials will provide an accessible avenue for community members to communicate their ideas, comments, and concerns. As before, B2 Communications will work with the City to drive diverse attendance through various forms of digital outreach. B2 will also report back on the outcome(s) of the workshops.  Present the Conceptual Framework Plan to City Council for feedback. B2 Communications will coordinate with the City in managing media relations prior to and after the meeting. DELIVERABLE: FEEDBACK FROM ENGAGEMENT The Team will prepare a summary of findings from our public engagement activities and how the engagement exercises suggest refinements to the conceptual framework plan. Task 4.4: Prepare Infrastructure Cost Estimates Based on the overall development concept, the HR&A Team, led by Kimley-Horn, will prepare infrastructure cost estimates for public investments. The Team’s approach to assisting in budget management and cost estimating will be to employ cost mechanisms to establish Opinions of Probable Costs. Kimley-Horn will use readily available construction cost guides to determine relevant unit price index for recent bids as well as bids for private sector projects of similar magnitude. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 9 Task 4.5: Finalize Framework Plan Following the feedback received from Trip #4, the HR&A Team will refine and finalize our Catalyst Projects, Parks, Open Space, Public Realm, and Circulation Framework Plans into a synthesized Framework Plan. For each of the elements, the Framework Plan may represent the selection of one alternative among the scenarios, or hybrid plans that combine elements of one of more scenarios. The Framework Plan will incorporate a greater degree of detail than the conceptual plans completed earlier in Phase 4. DELIVERABLE: FRAMEWORK PLAN The HR&A Team will prepare a presentation containing all aspects of the Framework Plan. This document will utilize data visualization techniques, case studies, graphic drawings and renderings, and narrative text, among other communicative means as needed. The Framework Plan will present a synthesis of the scenarios proposed in the Draft Framework Plan, based on feedback from public engagement exercises. 5) Action Plan Development In Phase 5, the HR&A Team will develop an Action Plan in order to guide the implementation of the Framework Plan’s initiatives, which the Team will develop based on active consultation with City representatives and the Stakeholder Coalition. Task 5.1: Action Plan Production In order to advance the work completed to date, the City will require an implementation strategy that considers factors such as market potential, property ownership, and policy. Based on feedback from public engagement on the Framework Plan, HR&A will produce an implementation strategy for:  Catalyst Projects  Capital Improvements for Open Spaces, the Public Realm, and Infrastructure Upgrades  Policy Changes  Private Stakeholder Actions/Collaborations To begin to formulate this strategy, HR&A will participate in a conference call with the Client in order to discuss key roles and responsibilities for the eventual implementation of the Master Plan. Building on previous conversations, this conference call will allow HR&A to establish the parameters of the implementation strategy. HR&A will subsequently establish clear, actionable guidance regarding which public and private entities should take charge of specific projects, the phasing of such projects, and funding sources to support each project. We will prepare a timeline to guide implementation actions over the next 1-2, 5, and 10 years. We will also assess local, state, and federal economic development strategies, funding sources, and financing strategies in support of the proposed catalyst projects and capital improvements. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 10 DELIVERABLE: ACTION PLAN HR&A will prepare a briefing book detailing the proposed Action Plan to guide the implementation of the overall Master Plan. The Action Plan will become the final chapter of the synthesized Master Plan. Task 5.2: Presentation and Refinement of Action Plan The HR&A Team will present the Action Plan via 1-2 WebEx meetings with City representatives and the leadership of the Stakeholder Coalition, in order to receive commentary so that the Team may refine the Action Plan. These meetings will be an opportunity to outline responsibilities with regard to implementation. 6) Master Plan Development and Presentations In Phase 7, the HR&A Team will synthesize all of its work to date into a cohesive Master Plan. The Team will present the draft final plan to City representatives and the public via workshops. Task 6.1: Draft Master Plan Production Based on feedback from public engagement and the City on the initial Framework Plan and Implementation Strategy, the HR&A Team, with graphic production led by Sasaki, will produce a Draft Master Plan outlining our detailed recommendations. The Draft Master Plan will synthesize the analysis and strategies embedded within the Framework Plan and Action Plan into a single, cohesive document. DELIVERABLE: DRAFT MASTER PLAN The HR&A Team will prepare a Draft Master Plan for the City of Clearwater’s downtown and waterfront in the form of a narrative document. The deliverable will likely include charts, tables, case studies, graphic drawings and renderings, and narrative text. The Draft Master Plan will be a comprehensive document that can guide future development and City-led actions, the synthesis of the Framework Plan and the Action Plan. The HR&A Team will also prepare a supplemental presentation in order to present the Draft Master Plan to City representatives, the Stakeholder Coalition and the public. Task 6.2: Presentation of the Draft Master Plan The HR&A Team will travel to Clearwater (Trip #4) for a two-day trip in order to:  Review and discuss the Draft Master Plan with City representatives, receive comments, and further discuss implementation roles, either in advance of the trip, or during. This will be the final opportunity for the City to comment on the plan before it is finalized.  Meet with the Stakeholder Coalition to review the Draft Master Plan, receive comments, and further discuss implementation roles. This will be the final opportunity for the Stakeholder Coalition to comment on the plan before it is finalized. THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas | 11  Host two public events to present the Draft Master Plan and receive public feedback. These sessions will be exciting events geared toward generating public support for the plan, centered around a presentation of the plan and then breakout stations to receive feedback on specific components of the plan and field questions. As before, B2 Communications will work with the City to drive diverse attendance through various forms of digital outreach. The Team will also report back on the outcome(s) of the workshops. Following these workshops the Draft Master Plan will be posted on the project website in order to allow more community members to comment.  Present the Draft Master Plan to the City Council to receive feedback. B2 Communications will coordinate with the City in managing media relations prior to and after the hearing. DELIVERABLE: FINAL MASTER PLAN The Final Master Plan will take the form of a narrative document, incorporating and synthesizing all of the Team’s findings and proposals to date. We will update the document based on feedback received during Trip #4. As with all previous deliverables, HR&A will provide electronic copies of the Final Master Plan in its original format, as well as in PDF format, to facilitate the City’s incorporation of its content into the broader Clearwater Downtown Plan. Ci t y C o u n c i l St a k e h o l d e r Co a l i t i o n Th e P u b l i c On g o i n g D i g i t a l O u t r e a c h + M e d i a R e l a t i o n s PH A S E Tr i p # 1 We e k 3 Optional Introductory Meetings Initiate Stakeholder Coalition; Discuss Strategy 1 Pr o j e c t Ki c k - O f f We e k s 1 - 3 2 Pu b l i c E n g a g e m e n t a n d St a k e h o l d e r C o a l i t i o n L a u n c h We e k 3 - O n g o i n g Tr i p # 3 We e k 1 4 Public Meetings #4 & #5: Discuss Development Scenarios Discuss Development Scenarios Discuss Development Scenarios In t e r a c t i v e se s s i o n s in c l u d i n g de s i g n ch a r r e t t e s an d o t h e r ac t i v i t i e s 4 De v e l o p m e n t o f Fr a m e w o r k P l a n We e k s 9 - 1 7 We b E x We e k 2 1 Present Action Plan 5 Ac t i o n P l a n De v e l o p m e n t We e k s 1 8 - 2 1 Trip #4 Week 25 Present Draft Master Plan Public sessions aimed at refining master plan & building supportPresent Draft Master Plan Public Meetings #6 and #7:Present Draft Master Plan6Master Plan Development and Presentations Weeks 22-25 CLE A R W A T E R BLU F F /W AT E R F R O N T MAS T E R PLA N PUB L I C ENG A G E M E N T ACT I V I T I E S Tr i p # 2 We e k 8 Public Meetings #1, 2, & 3: Existing Conditions, Goals & Aspirations Discuss Existing Conditions, Goals, Aspirations & Outreach 3 Ex i s t i n g C o n d i t i o n s An a l y s i s We e k s 4 - 8 In t e r a c t i v e se s s i o n s in c l u d i n g de s i g n ch a r r e t t e s an d o t h e r ac t i v i t i e s Cl e a r w a t e r B l u f f / W a t e r f r o n t M a s t e r P l a n S c h e d u l e Week 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 3. 4 : C o n f e r e n c e C a l l w i t h C l i e n t t o D i s c u ss P u b l i c E n g a g e m e n t F i n d i n g s F r o m T r i p # 2 Me e t i n g ( s ) w i t h C i t y r e p r e s e n t a t i v e s/ S t a k e h o l d e r C o a l i t i o n / C i t y C o u n c i l Co m m u n i t y M e e t i n g ( s ) 4. 3 : P r e s e n t a t i o n of F r a m e w o r k P l a n 4. 4 : P r e p a r e I n f r a s t r u c t u r e C o s t E s t i m a t e s Ph a s e 2 : P u b l i c E n g a g e m e n t a n d S t a k e h o l d e r C o a l i t i o n L a u n c h 2. 2 : P r o v i d e O n g o i n g S t a k eh o l d e r C o a l i t i o n S u p p o r t Ph a s e 1 : P r o j e c t K i c k - o f f 1. 1 : R e v i e w o f E x i s t i n g P l a n s a n d D a t a 1. 2 : I n i t i a l P r o j e c t C o n f e r e n c e C a l l 1. 3 : P r o j e c t K i c k -O f f i n C l e a r w a t e r 2. 1 : F o r m a S t a k e h o l d e r C o a l i t i o n Wo r k i n P r o g r e s s 2. 3 : P r o v i d e O n g o i n g D i g i ta l E n g a g e m e n t S t r a t e g y a n d M e d i a R e l a t i o n s E f f o r t s 6. 1 : D r a f t M a s t e r P l a n P r o d u c t i o n 6. 2 : P r e s e n t a t i o n o f th e D r a f t M a s t e r P l a n 4. 5 : F i n a l i z e F r a m e w o r k P l a n 5. 1 : A c t i o n P l a n P r o d u c t i o n 5. 2 : P r e s e n t a t i o n a n d R e f in e m e n t o f A c t i o n P l a n Ph a s e 6 : M a s t e r P l a n D e v e l o p m e n t a n d P r e s e n t a t i o n s Ph a s e 5 : A c t i o n P l a n D e v e l o p m e n t Ph a s e 3 : E x i s t i n g C o n d i t i o n s A n a l y s i s 3. 1 : D e m o g r a p h i c , E c o n o m i c , a n d R e a l E s t a t e M a r k e t A n a l y s i s 3. 2 : P h y s i c a l C o n d i t i o n s A n a l y s i s 3. 3 : P r e s e n t a t i o n o f E x i s t i n g C o n d i t i o n s F i n d i n g s a n d P u b l i c E n g a g e m e n t P a r t I I Ph a s e 4 : D e v e l o p m e n t o f F r a m e w o r k P l a n 4. 1 : F r a m e w o r k P l a n Co n c e p t D e v e l o p m e n t 4. 2 : H i g h - L e v e l C o n c e p t u a l F r a m e w o r k P l a n C o m p o n e n t s THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas UPDATED PROJECT BUDGET CLEARWATER BLUFF/WATERFRONT MASTER PLAN Our team will provide the Scope of Services for a fixed fee price of $378,000, inclusive of travel expenses and data purchases. We have broken out the price proposal by both phase and firm below. We will invoice monthly based on the percentage of work completed. BUDGET BY TASK Task Total 1. Project Kick-Off $20,000 2. Public Engagement and Stakeholder Coalition Launch* $108,000 3. Existing Conditions Analysis $58,000 4. Development of Framework Plan $118,000 5. Action Plan Development $39,000 6. Master Plan Development and Presentations $35,000 Total $378,000 * New task BUDGET BY FIRM Firm Total HR&A Advisors $190,000 Kimley-Horn $77,000 Sasaki Associates $76,000 B2 Communications $35,000 Total $378,000 THE BLUFF / WATERFRONT MASTER PLAN CITY OF CLEARWATER HR&A Advisors, Inc. | New York | Los Angeles | Washington, D.C. | Dallas HR&A Team – Hourly Rates These hourly rates by staff member will be valid through the contract period assumed herein. HR&A Public/Non-Profit Billing Rates Personnel Hourly Rate Chair / Vice Chair $435 Senior Advisor $405 Partner $405 Senior Principal $405 Principal $360 Director $310 Senior Analyst $225 Analyst $175 Research Analyst $140 Admin $100 Kimley-Horn Billing Rates Personnel Range of Hourly Rates Principal $265 - 320 Senior Professional $195 – 280 Professional $115 - 205 Senior Technical Support $125 - 190 Technical Support $80 - 150 Support Staff $67.50 - 105 Sasaki Associates Billing Rates Personnel Hourly Rates Principal $250 Landscape Architect $150 B2 Communications Billing Rates Personnel Hourly Rates Firm Blended Rate $165 BLUFF/WATERFRONT MASTER PLAN FOR CITY OF CLEARWATER This agreement made and entered into as of the __ day of __________________, 2016 by and between the City of Clearwater (“Client”), and HR&A Advisors, Inc., a corporation organized and existing under the laws of the State of New York (“Consultant”), who agree and contract as follows: WITNESSETH THAT: WHEREAS, Client desires to commission a master plan for the Bluff/Waterfont district of Downtown Clearwater, and WHEREAS, Client desires to retain the Consultant to lead a multi-disciplinary team to complete said master plan; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Contracting of the Consultant Client hereby agrees to contract with Consultant, and the Consultant hereby agrees to perform services set forth hereinafter in connection with the Bluff/Waterfront Master Plan in accordance with the terms and conditions set forth herein. 2. Term of Contract Consultant services for the scope of work set forth hereinafter will be completed by ________ subject to modification by mutual agreement by the parties hereto. 3. Scope of Services The Consultant agrees to satisfactorily render and provide services hereinafter set forth in “Exhibit A, Scope of Services.” 4. Disposition of Work Materials Upon prompt payment of all sums due under this Agreement, all contract documents and similar work materials prepared by the Consultant in completing the scope of services shall be the property of Client. Notwithstanding any other provision to the contrary, the Consultant shall maintain copyright ownership of photographs and of all notes, terms and standard details included in all project-related documents, models, photographs, and other forms of expression created by the Consultant. Only with Client’s prior written approval may Consultant use and reproduce its deliverables. The Consultant shall be permitted to retain copies of its deliverables and work product for its records and for its future professional endeavors, so long as Client is not specifically mentioned or utilized to promote such future professional endeavors. The Consultant grants Client a non-exclusive license to use and reproduce such models, photographs, and other forms of expressions created by the Consultant as long as payments due to the Consultant under this contract are made as provided herein. 5. Personnel The Consultant represents that it has, or will secure, at its own expense, all personnel or subconsultants required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with Client. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State, federal and local law to perform such services. 6. Termination and Suspension for Cause If, for any cause, the Consultant or Client shall fail to fulfill in a timely manner their obligations under this Agreement, or if the Consultant or Client shall violate any of the covenants, agreements, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice. The Consultant shall be entitled to receive just and equitable compensation for work performed and expenses incurred as of the date of termination; likewise, Client shall be entitled to ownership of all documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Consultant under this Agreement for which it has compensated the Consultant. If Client fails to make payments to the Consultant in accordance with this Agreement, in addition to the right of termination of this Agreement as set forth herein, at the Consultant’s option and upon written notice to Client, it may suspend some or all performance of services under this Agreement and retain all Contract Documents and Work Materials for which payment is outstanding. In the event of a suspension of some or all services, retention of Contract Documents and Work Materials and/or the termination of the Agreement by the Consultant, the Consultant shall have no liability to Client for delay or damage caused Client because of such suspension of services. Before resuming services, the Consultant shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Consultant’s services. The decision by the Consultant not to cease or suspend services or any portion thereof, or the decision by the Consultant to suspend certain but not all services under this Agreement shall not constitute a waiver of its right to suspend or terminate performance of any or all services under this Agreement so long as payments of undisputed amounts remain outstanding. 7. Changes Client or Consultant may, from time to time, request changes in the terms of this Agreement. Such changes, including any increase or decrease in the amount of compensation due to the Consultant, shall be mutually agreed upon by the parties hereto and shall be executed and incorporated in written amendments to this Agreement. 8. Compensation The cost of the Scope of Services shall not exceed $378,000. The division of this not-to-exceed fee is described below in “Budget by Task.” The cost of services will be invoiced by the Consultant on a percent completion basis. Services performed outside of the Scope of Services shall be invoiced based on the hourly rates established below in “Consultant Hourly Rates” and will include requests for reimbursement of expenses incurred by the Consultant and its subconsultants at cost. Invoices will be transmitted monthly by the Consultant to Client. Client shall remit payment for an approved invoice within 30 days of receipt of the invoice provided all work is performed satisfactorily as reasonably determined by Client. 9. Equal Employment Opportunity The Consultant will not discriminate against any employee or applicant for employment with regard to race, religion, sex, color, national origin, age, sexual orientation, gender identity or disability. The Consultant will act to ensure that applicants are employed, and that employees are treated during employment, without regard to race, religion, sex, color, national origin, age sexual orientation, gender identity or disability. 10. Assignability The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or notation without the prior written consent of Client thereto; provided, however, that claims for money may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly by Client. 11. Conditions and Assurances A. Access to Records: Consultant agrees that Client or any of its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant for the purposes of making audit, examination, excerpt, and transcripts. B. Retention of Records: The Consultant will be required to comply with Section 119.0701, Florida Statutes, specifically to: i. Keep and maintain public records required by the City of Clearwater to perform the service; ii. Upon request from the City’s Custodian of Records, provide the City of Clearwater with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer to the City of Clearwater; and iv. Upon completion of the contract, transfer, at no cost, to the City of Clearwater all public records in possession of the contractor or keep and maintain public records required by the City of Clearwater to perform the service. If the Consultant transfers all public records to the City of Clearwater upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Clearwater, upon request from the City of Clearwater’s Custodian of Public Records, in a format that is compatible with the information technology systems of the City of Clearwater. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROSEMARIE CALL AT 727- 562-4090, rosemarie.call@myclearwater.com, and/or 112 S. Osceola Ave., Clearwater, FL, 33617 12. Miscellaneous Provisions A. This Agreement shall be construed in accordance with the laws of the State of Florida, and venue for any dispute pertaining to this Agreement shall be in Pinellas County, Florida. B. In case one or more of the provisions in the Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such as invalidity, illegality, or non- enforceability, it shall not affect any other provision thereof, and this Agreement shall not be effective unless consented to, in writing, by both parties. C. Nothing contained herein shall be deemed by the parties hereto, nor any third parties, as creating the relationship of principal and agent, employer and employee, or as a partnership or joint venture between the parties. Consultant is the City’s independent contractor, and nothing contained herein is intended to create any relationship other than that between the parties. D. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be constitute one and the same instrument. E. This Agreement shall be binding upon and inure to the benefit of each of the Consultant’s and the Client’s respective successors and assigns. 13. Indemnification A. Consultant shall indemnify, defend and hold harmless Client and its officers, employees, agents and permitted assigns from and against any and all suits, claims, losses, damages, charges, or expenses, whether direct or indirect, and liability of every name and nature to which they or any of them may be put or subjected by reason of any personal injury or damage to real or tangible property arising from or in connection with any acts or omissions on the part of the Consultant or arising from any breach by Consultant under this Agreement. B. Subject to Florida statutory limits on sovereign immunity, the City agrees to indemnify the Consultant and its officers, employees, agents, and permitted assigns from and against liability or expenses incurred on account of the negligent acts of the City, its employees, servants, or agents in relation to this Agreement. Nothing contained herein, however, shall be construed as a waiver of or limitation of liability that the City may be entitled to under section 768.28, Florida Statutes. In no event shall any officer, shareholder, member, employee or agent of Consultant or Client (or any of Consultant’s or Client’s affiliates) be personally liable for the performance of either party’s obligations hereunder. IN WITNESS WHEREOF, the City of Clearwater and the Consultant have executed this Agreement on this the ____ day of ____________________, 2016. HR&A Advisors, Inc. _______________________________ _____________________________ Cary Hirschstein, Partner ATTEST _______________________________ Date IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: _______________________________ (SEAL) William B. Horne, II, City Manager Attest: _______________________________ Rosemarie Call, City Clerk Countersigned: _______________________________ George N. Cretekos, Mayor Approved as to form: _______________________________ Camilo A. Soto, Assistant City Attorney _______________________________ Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-02004 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road; and pass Ordinances 8865-16, 8866-16 and 8867-16 on first reading. (ANX2016-02004) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 1.25 acres. The parcel is occupied by a single family dwelling and is located on the west side of McCauley Road approximately 1,000 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive solid waste service from the City. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned a Future Land Use Map designation of Residential Estate (RE) and the zoning category of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water and sanitary sewer service from the City. Collection of solid waste will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 4/15/2016 File Number: ANX2016-02004 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. The Residential Estate (RE) designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR). The use of the subject property is consistent with the uses allowed in the Low Density Residential (LDR) District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8865-16 ORDINANCE NO. 8865-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Section 171.204, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description (ANX2016-02004) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8865-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B PROPOSED ANNEXATION Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 50 53 . 6 52.8 50 59 . 7 50 56 ( S ) 59 . 7 50 18 19 20 21 22 1 4113/02 LAKE 60 60 60 60 60 606060 50 50 50 5 0 50 5 0 5 0 50 75 17256 16848 68063 73 74 7576 7778 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JE SSICA RD EM ORY DR PRINCETON D R CAMPBELL RD VANDERBILT DR SU N S E T POINT R D B E V I L L E R D 2415 1781 1 8 3 5 1 8 7 5 1 7 8 5 1 7 5 0 1799 1 8 6 2 1795 1836 1818 2360 1895 24 7 5 1 7 8 4 1897 1861 1 7 6 0 1800 1855 1843 1873 23 7 3 1897 23 80 1765 1 7 8 0 23 8 5 1871 1 8 5 5 1 8 4 5 1815 1896 1819 23 6 5 1843 1830 1845 1805 1 8 7 0 1872 1825 18 55 1882 23 5 7 1850 1875 1842 23 6 1 1896 1861 1837 1 8 8 0 24 8 1 1891 1 755 1 7 9 1 24 6 9 23 7 6 23 7 4 23 7 2 23 6 8 23 6 6 23 6 2 1831 1848 1842 1830 1836 1854 1866 1865 1873 23 7 9 1879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 2 395 1818 25 0 1831 243 4 1825 23 6 4 1824 1830 1866 4 1849 1867 900 23 7 0 1860 1819 1825 23 80 244 0 1849 1790 247 0 1860 2 1872 23 5 8 1890 24 2 6 23 6 9 1884 1867 23 5 23 78 1878 6 1824 247 0 1879 1891 2385 1872 23 8 9 1890 245 0 247 4 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 3/8/2016 Ordinance No. 8866-16 ORDINANCE NO. 8866-16 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 PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal description Residential Estate (RE) (ANX2016-02004) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8865-16. Ordinance No. 8866-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B FUTURE LAND USE MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 50 53 . 6 52.8 50 59 . 7 50 56 ( S ) 59 . 7 50 18 19 20 21 22 1 4113/02 LAKE 60 60 60 60 60 606060 50 50 50 5 0 50 5 0 5 0 50 75 17256 16848 68063 73 74 7576 7778 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 R/OGR/OG R/OG R/OS McCAULEY RD YALE DR JE SSICA RD EM ORY DR PRINCETON D R CAMPBELL RD VANDERBILT DR SU N S E T POINT R D B E V I L L E R D RE RE RE T/U R/OG RE RURU RU WATER T/U 2415 1781 1 8 3 5 1 8 7 5 1 7 8 5 1 7 5 0 1799 1 8 6 2 1795 1836 1818 2360 1895 1 7 8 4 1897 1 7 6 0 1800 1843 1873 1897 1765 1 7 8 0 23 8 5 1871 1 8 5 5 1 8 4 5 1815 1896 1819 23 6 5 1843 1830 1845 1805 1 8 7 0 1872 1825 18 55 1882 23 5 7 1850 1875 1842 23 6 1 1896 1861 1837 1 8 8 0 24 8 1 1891 1 755 1 7 9 1 23 7 6 23 7 4 23 7 2 23 6 8 23 6 6 23 6 2 1831 1848 1842 1830 1836 1854 1866 1865 1873 23 7 9 1879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 24 7 5 1884 2 395 1861 1818 1855 25 0 1831 243 4 23 7 3 1825 23 80 23 6 4 1824 1830 1866 4 1849 1867 900 23 7 0 1860 1819 1825 23 80 244 0 1849 1790 247 0 1860 2 1872 23 5 8 1890 24 2 6 23 6 9 1884 1867 23 5 23 78 1878 6 1824 247 0 1879 1891 2385 1872 23 8 9 1890 245 0 247 4 24 6 9 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 3/8/2016 Ordinance No. 8867-16 ORDINANCE NO. 8867-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8865-16. Property Zoning District See attached Exhibit A for legal description Low Density Residential (LDR) (ANX2016-02004) Ordinance No. 8867-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B ZONING MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 50 53 . 6 52.8 50 59 . 7 50 56 ( S ) 59 . 7 50 18 19 20 21 22 1 4113/02 LAKE 60 60 60 60 60 606060 50 50 50 5 0 50 5 0 5 0 50 75 17256 16848 68063 73 74 7576 7778 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JE SSICA RD EM ORY DR PRINCETON D R CAMPBELL RD VANDERBILT DR SU N S E T POINT R D B E V I L L E R D I O C LMDR LMDR 2415 1781 1 8 3 5 1 8 7 5 1 7 8 5 1 7 5 0 1799 1 8 6 2 1795 1836 1818 2360 1895 24 7 5 1 7 8 4 1897 1861 1 7 6 0 1800 1855 1843 1873 23 7 3 1897 23 80 1765 1 7 8 0 23 8 5 1871 1 8 5 5 1 8 4 5 1815 1896 1819 23 6 5 1843 1830 1845 1805 1 8 7 0 1872 1825 18 55 1882 23 5 7 1850 1875 1842 23 6 1 1896 1861 1837 1 8 8 0 24 8 1 1891 1 755 1 7 9 1 24 6 9 23 7 6 23 7 4 23 7 2 23 6 8 23 6 6 23 6 2 1831 1848 1842 1830 1836 1854 1866 1865 1873 23 7 9 1879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 2 395 1818 25 0 1831 243 4 1825 23 6 4 1824 1830 1866 4 1849 1867 900 23 7 0 1860 1819 1825 23 80 244 0 1849 1790 247 0 1860 2 1872 23 5 8 1890 24 2 6 23 6 9 1884 1867 23 5 23 78 1878 6 1824 247 0 1879 1891 2385 1872 23 8 9 1890 245 0 247 4 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 3/8/2016 LOCATION MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR US-19 N N BELCHER RD SUNSET POINT RD N O L D C O A C H M A N R D N E C O A C H M A N R D S T A G R U N B L V D E L T A I R T R L FARRIER TRL MANOR BLVD N STETSON DR 8th ST 4th ST F L I N T L O C K D R VERDE DR W MANOR AVE GLENV ILLE DR RAYMONT DR MIDNIGHT PA SS W A Y 9th ST ASBURY DR BELMONT DR E LEE RD ALLIGATOR CREEK RD S LAGOON CIR McC AULEY RD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR McCAULEY RD McCAULEY RD YALE DR YALE DR JE SSICA RD JE SSICA RD EM ORY DR EM ORY DR PRINCETON D R PRINCETON D R CAMPBELL RD CAMPBELL RD VANDERBILT DR VANDERBILT DR SU N S E T POINT R D SU N S E T POINT R D B E V I L L E R D B E V I L L E R D -N o t t o S c a l e - -N o t a S u r v e y - Rev. 3/8/2016 EXISTING SURROUNDING USES MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 50 53 . 6 52.8 50 59 . 7 50 56 ( S ) 59 . 7 50 18 19 20 21 22 1 4113/02 LAKE 60 60 60 60 60 606060 50 50 50 5 0 50 5 0 5 0 50 75 17256 16848 68063 73 74 7576 7778 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JE SSICA RD EM ORY DR PRINCETON D R CAMPBELL RD VANDERBILT DR SU N S E T POINT R D B E V I L L E R D 2415 1781 1 8 3 5 1 8 7 5 1 7 8 5 1 7 5 0 1799 1 8 6 2 1795 1836 1818 2360 1895 24 7 5 1 7 8 4 1897 1861 1 7 6 0 1800 1855 1843 1873 23 7 3 1897 23 80 1765 1 7 8 0 23 8 5 1871 1 8 5 5 1 8 4 5 1815 1896 1819 23 6 5 1843 1830 1845 1805 1 8 7 0 1872 1825 18 55 1882 23 5 7 1850 1875 1842 23 6 1 1896 1861 1837 1 8 8 0 24 8 1 1891 1 755 1 7 9 1 24 6 9 23 7 6 23 7 4 23 7 2 23 6 8 23 6 6 23 6 2 1831 1848 1842 1830 1836 1854 1866 1865 1873 23 7 9 1879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 2 395 1818 25 0 1831 243 4 1825 23 6 4 1824 1830 1866 4 1849 1867 900 23 7 0 1860 1819 1825 23 80 244 0 1849 1790 247 0 1860 2 1872 23 5 8 1890 24 2 6 23 6 9 1884 1867 23 5 23 78 1878 6 1824 247 0 1879 1891 2385 1872 23 8 9 1890 245 0 247 4 -N o t t o S c a l e - -N o t a S u r v e y - Rev.3/8/2016 Single Family Residential Single Family Residential Offices Ut i l i t y E a s e m e n t View looking west at the subject property, 1790 McCauley RoadAcross the street, east of the subject property North of the subject propertySouth of the subject property ANX2016-02004 Michael R. and Carmen G. Maurer 1790 McCauley Road View looking northerly along McCauley RoadView looking southerly along McCauley Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-02006 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive; and pass Ordinances 8871-16, 8872-16 and 8873-16 on first reading. (ANX2016-02006) SUMMARY: These voluntary annexation petitions involve four parcels of land totaling 1.029 acres. The parcels are occupied by single -family dwellings and are located generally south of Druid Road, east of South Hercules Avenue, north of Lakeview Road, and west of South Belcher Road . The applicants are requesting annexation in order to receive solid waste service from the City and will be connected to city sewer as part of the Belcher Area Sewer System Extension Project. The properties located at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary. The properties located at 2173 and 2185 Bell Cheer Drive are not contiguous to existing city limits; however, they are in an enclave surrounded by city property on all sides (Type A) and are eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is available. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, Page 1 City of Clearwater Printed on 4/15/2016 File Number: ANX2016-02006 compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District ’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and The properties proposed for annexation at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. The properties proposed for annexation located at 2173 and 2185 Bell Cheer Drive are not contiguous to City boundaries but are located in a Type A Enclave; therefore, the annexations are consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8871-16 ORDINANCE NO. 8871-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN 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 property into the City pursuant to Section 171.044, Florida Statutes and the Interlocal Service Boundary Agreement authorized by Section 171.204, 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 (ANX2016-02006) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8871-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 Burnice Drive The above in GLEN ELLYN ESTATES, subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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 Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 50 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 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 PL E A S A N T P K W Y GR O V E A V E ( t r a i l o n l y ) 34 2 1290 22 1 0 21 3 1 2112 2172 2192 2165 2181 2127 2143 2173 2112 2110 2117 2147 2148 2155 2135 2149 2167 1200 1276 2198 2152 2117 213821232109 2184 2147 2155 2125 2179 2139 2185 2130 2107 2197 2125 2106 2101 2106 2157 2166 2160 2118 2190 2 1 1 9 2125 2166 2115 2173 2142 2191 2118 2124 2141 2135 2149 2167 2157 1 1 1 0 2111 1220 2143 2143 2161 2100 2187 2195 2178 2130 2191 2188 2154 2173 2160 2122 2109 2116 2130 2140 2199 2124 2174 2100 2133 2148 2191 2185 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Ordinance No. 8872-16 ORDINANCE NO. 8872-16 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 SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN 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) (ANX2016-02006) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8871-16. Ordinance No. 8872-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 Burnice Drive The above in GLEN ELLYN ESTATES, subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 50 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 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 PL E A S A N T P K W Y GR O V E A V E ( t r a i l o n l y ) RL RL P RL RU WATER R/OS RU RU I 34 2 1290 22 1 0 21 3 1 2112 2192 2165 2181 2127 2143 2173 2112 2110 2117 2160 2147 2148 2155 2135 2149 2167 1200 1276 2122 2198 2152 2117 2138 2 1 2 3 2109 2184 2147 2155 2125 2179 2139 2185 2130 2107 2197 2125 2116 2130 2106 2101 2106 2140 2157 2199 2166 2160 2118 2190 2 1 1 9 2125 2166 2115 2173 2142 2191 2124 2118 2124 2141 2135 2149 2167 2157 2111 1220 2143 2143 2161 2133 2100 2187 2191 2195 2130 1282 2134 2191 2188 2154 2173 2172 2109 2174 2100 1 1 1 0 2148 2178 2185 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8873-16 ORDINANCE NO. 8873-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8871-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2016-02006) Ordinance No. 8873-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 Burnice Drive The above in GLEN ELLYN ESTATES, subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 50 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 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 PL E A S A N T P K W Y GR O V E A V E ( t r a i l o n l y ) LMDR P I P 34 2 1290 22 1 0 21 3 1 2112 2172 2192 2165 2181 2127 2143 2173 2112 2110 2117 2160 2147 2148 2155 2135 2149 2167 1200 1276 2122 2198 2152 2117 2138 2 1 2 3 2109 2184 2147 2155 2125 2179 2139 2185 2130 2107 2197 2125 2116 2130 2106 2101 2106 2140 2157 2199 2166 2160 2118 2190 2 1 1 9 2125 2166 2115 2173 2142 2191 2124 2118 2124 2141 2135 2149 2167 2157 1 1 1 0 2111 1220 2143 2143 2161 2133 2100 2187 2191 2195 2178 2130 1282 2134 2191 2188 2154 2173 2109 2174 2100 2148 2185 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S B E L C H E R R D S HERCULES AVE VIEWTOP DR STANCEL DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR BUGLE LN BURNICE DR HUNT LN EMBASSY DR WELLINGTON DR WEBER DR HAMLIN DR SEVER DR VIOLA DR WOO D LEY RD MAGNOLIA DR CAMPUS DR DOROTHY DR BROO K SIDE RD SANDRA DR WHITACRE DR COLLEGE DR REGENT AVE ACADEMY DR BELL CHEER DR HUNTE R LN KENDALL DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR S SEVARD AVE MANDARIN DR FOX CIR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR MEADOW LN S UNIVERSITY DR REDCOAT LN IMPERIAL WAY RIPON DR OAK LAKE DR LEES CT CROYDON DR KENMOORE DR ALLEN DR CLAIBORNE DR ATTACHE CT REBECCA DR SANDRA DR JEFFORDS ST RIPON DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 ^ PROJECT SITE ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 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 PL E A S A N T P K W Y PL E A S A N T P K W Y -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 50 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 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 PL E A S A N T P K W Y GR O V E A V E ( t r a i l o n l y ) 34 2 1290 22 1 0 21 3 1 2112 2172 2192 2165 2181 2127 2143 2173 2112 2110 2117 2147 2148 2155 2135 2149 2167 1200 1276 2198 2152 2117 213821232109 2184 2147 2155 2125 2179 2139 2185 2130 2107 2197 2125 2106 2101 2106 2157 2166 2160 2118 2190 2 1 1 9 2125 2166 2115 2173 2142 2191 2118 2124 2141 2135 2149 2167 2157 1 1 1 0 2111 1220 2143 2143 2161 2100 2187 2195 2178 2130 2191 2188 2154 2173 2160 2122 2109 2116 2130 2140 2199 2124 2174 2100 2133 2148 2191 2185 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2109 BurniceDriveAcross the street, north of the subject property East of the subject propertyWest of the subject property ANX2016-02006 Gregory E. and Susan D. Bishop 2109 BurniceDrive View looking easterly along BurniceDriveView looking westerly along BurniceDrive View looking south at the subject property, 2173 Bell Cheer DriveAcross the street, north of the subject property East of the subject propertyWest of the subject property ANX2016-02006 Barbara A. SofarelliRevocable Living Trust 2173 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2174 Bell Cheer DriveAcross the street, south of the subject property East of the subject propertyWest of the subject property ANX2016-02006 Gregory and MelaineBarnett 2174 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking south at the subject property, 2185 Bell Cheer DriveAcross the street, north of the subject property East of the subject propertyWest of the subject property ANX2016-02006 Michelle Marie Sofarelli 2185 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: ANX2016-02005 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue; and pass Ordinances 8868-16, 8869-16 and 8870-16 on first reading. (ANX2016-02005) SUMMARY: This voluntary annexation petition involves a single parcel of land totaling 0.166 acres. The parcel is occupied by a single -family dwelling and is located on the southeast corner of Sherwood Street and Lynn Avenue . The applicant is requesting annexation in order to receive solid waste service from the City. The property is located in an enclave and is contiguous to existing city limits to the north, south, east and west. The Development Review Committee is proposing that the 0.268 acres of abutting Lynn Avenue right -of-way not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water and sewer service from the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 4/15/2016 File Number: ANX2016-02005 Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City limits to the north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8868-16 ORDINANCE NO. 8868-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF LYNN AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Together with all Right-of-Way of Lynn Avenue abutting Lots 1, 2, and 3, Block 21 of Highland Pines Subdivision Fourth Addition. (ANX2016-02005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8868-16 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 PROPOSED ANNEXATION Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU 60 60 60 6039078 39 0 9 6 39 1 32 3 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 LYNN AV E RIDGE AVE NEL SON AVE GENTRY ST SHERWOOD ST CROWN ST 16 1 3 1323 1642 1641 1647 1300 1404 1320 1612 1621 1609 1409 1612 1229 1221 1225 1408 1622 1409 1405 1405 1301 1304 1626 1604 1609 1614 1222 1316 1615 1409 1609 1305 1405 1609 1304 1404 1220 1226 1402 1408 1646 1400 1221 1634 1308 1300 1220 1408 1300 1608 1633 1608 1225 1640 1639 1634 1305 1622 1318 1651 1304 1617 1615 1416 1404 1613 141316 1635 14121415 1226 1413 1315 16 1627 1321 1608 1626 14101412 1303 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Ordinance No. 8869-16 ORDINANCE NO. 8869-16 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 PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD STREET, CLEARWATER, FLORIDA 33755, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-02005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8868-16. Ordinance No. 8869-16 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 FUTURE LAND USE MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU 60 60 60 6039078 39 0 9 6 39 1 32 3 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 RL RU RU RL RU RU RL RU WATER RL RL RU RU RL RU RU RL RL RL RL RU RURU RL R/OS RL RLRU LYNN AV E RIDGE AVE NEL SON AVE GENTRY ST SHERWOOD ST CROWN ST 16 1 3 1323 1642 1641 1300 1404 1320 1409 1612 1221 1622 1409 1405 1301 1626 1609 1614 1222 1615 1409 1305 1609 1304 1404 1220 1226 1402 1408 1646 1400 1221 1627 1308 1220 1408 1300 1608 1633 1608 1225 1640 1639 1634 1305 1622 1318 1651 1304 1615 1404 1647 1413 1612 1621 16 1609 1635 1412 1229 1225 1408 1415 1405 1226 1304 1604 1413 1315 1316 16 1609 1405 1634 1321 1300 1608 1626 1410 1617 1412 1303 1416 1613 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8870-16 ORDINANCE NO. 8870-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8868-16. Property Zoning District Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-02005) Ordinance No. 8870-16 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 ZONING MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU 60 60 60 6039078 39 0 9 6 39 1 32 3 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 LYNN AV E RIDGE AVE NEL SON AVE GENTRY ST SHERWOOD ST CROWN ST LMDR P 16 1 3 1323 1642 1641 1647 1300 1404 1320 1612 1621 1609 1409 1612 1229 1221 1225 1408 1622 1409 1405 1405 1301 1304 1626 1604 1609 1614 1222 1316 1615 1409 1609 1305 1405 1609 1304 1404 1220 1226 1402 1408 1646 1400 1221 1634 1627 1308 1300 1220 1408 1300 1608 1633 1608 1225 1639 1305 1622 1318 1651 1304 1617 1615 1416 1404 1613 OS/R 141316 1635 14121415 1226 1413 1315 16 1321 1608 1640 1634 1626 14101412 1303 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Location Map.docx LOCATION MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LONG ST N KEENE RD F L A G L E R D R GREENLEA DR N HIGHLAND AVE SUNSET POINT RD SCOTT ST SHERWOOD ST L I N W O O D D R RIDGE AVE LYNN AVE GENTRY ST ARDEN AVE RIDGEWAY DR LOMBARDY DR GREENHILL DR EAST DR N SATURN AVE NELSON AVE MURRAY AVE WEST DR BELLEMEADE DR SHARONDALE DR SANDY LN CARROLL ST THAMES ST CROWN ST BENTLEY ST CARLISLE ST AMBLE LN TOWNSEND ST PRINCE PHILIP ST ROSEMONT DR LOGAN ST ARIES LN E L EO LN KE N E S A W L N LINWOOD CIR PA M E L I A D R MURRAY AVE LONG ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LYNN AVE LYNN AVE RIDGE AVE RIDGE AVE NELSON AVE NELSON AVE GENTRY ST GENTRY ST SHERWOOD ST SHERWOOD ST CROWN ST CROWN ST CARROLL ST CARROLL ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Existing Uses.docx EXISTING SURROUNDING USES MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU 60 60 60 6039078 39 0 9 6 39 1 32 3 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 LYNN AV E RIDGE AVE NEL SON AVE GENTRY ST SHERWOOD ST CROWN ST 16 1 3 1323 1642 1641 1647 1300 1404 1320 1612 1621 1609 1409 1612 1229 1221 1225 1408 1622 1409 1405 1405 1301 1304 1626 1604 1609 1614 1222 1316 1615 1409 1609 1305 1405 1609 1304 1404 1220 1226 1402 1408 1646 1400 1221 1634 1308 1300 1220 1408 1300 1608 1633 1608 1225 1640 1639 1634 1305 1622 1318 1651 1304 1617 1615 1416 1404 1613 141316 1635 14121415 1226 1413 1315 16 1627 1321 1608 1626 14101412 1303 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Water Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1635 Sherwood Street Across the street, north of the subject property East of the subject propertyWest of the subject property ANX2016-02005 Hugh Heier 1635 Sherwood Street View looking easterly along Sherwood StreetView looking westerly along Sherwood Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ATA2016-02001 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way; and pass Ordinances 8847-16, 8848-16 and 8849-16 on first reading. (ATA2016-02001) SUMMARY: The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. Since 2013, 115 properties have voluntarily annexed into the City as a result of this project, which was completed in August 2015. The Planning and Development Department has identified an additional 13 parcels in the Idlewild/The Mall Septic-to-Sewer Project area with recorded ATAs that can be annexed into the City (see concurrent cases ATA 2016-02002 and ATA2016-02003). This application includes nine of those properties that had agreements recorded between 2013 and 2015. The subject properties are occupied by nine detached dwellings on 1.289 acres of land. All properties are contiguous to existing city limits along at least one property boundary. The Development Review Committee is proposing that 2.345-acres of right-of-way not currently within the City also be annexed, including portions of Aloha Lane, Poinsetta Avenue, Sheridan Road, Douglas Avenue and Union Street. It is proposed that all properties be assigned the Future Land Use Map designation of Residential Urban (RU) and that 1915 Macomber Avenue also be assigned the Preservation (P) designation. The properties will be assigned the Low Medium Density Residential (LMDR) zoning category, while 1915 Macomber Avenue will also be assigned the Preservation (P) zoning category. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Eight of the parcels have already been connected to the City ’s sanitary sewer system. The owner of the remaining Page 1 City of Clearwater Printed on 4/15/2016 File Number: ATA2016-02001 parcel, 1212 Sheridan Road, is aware that the City ’s sewer impact and assessment fees must be paid in full in order to connect and of the financial incentives available . The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The Preservation (P) future Land Use category on 1915 Macomber Avenue is consistent with the current Preservation (P) boundary which was placed on the Countywide Plan Map to recognize the watershed and drainage features on the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District, while 1915 Macomber Avenue will also be assigned the Preservation (P) District. The use of the subject properties is consistent with the uses allowed in the District and eight of the properties exceed the District ’s minimum dimensional requirements. The property located at 1915 Macomber Avenue meets the District ’s minimum dimensions through the Flexible Development requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8847-16 ORDINANCE NO. 8847-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHTS-OF-WAY OF ALOHA LANE, DOUGLAS AVENUE, SHERIDAN ROAD, UNION STREET AND POINSETTA AVENUE, 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 maps attached hereto as Exhibits B and C have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ATA2016-02001) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8847-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane Together with all Right-of-Way abutting Sheridan Road, Lot 1 through Lot 4, Block 2, together with the east 30 feet of Douglas Avenue Right-of-Way at Sheridan Road, south to southeast corner of Lot 1, Block 1; Together with all Right-of-Way abutting Aloha Lane, Lot 2 through Lot 8, Block 3; The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; Together with the southern 30 feet of Right-of-Way of Union Street abutting Lot 13, Block A, Cleardun Subdivision, west approximately 1,600 feet to the northeast corner of Lot 3, Block C, Brooklawn subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue Together will all Right-of-Way of Poinsetta Avenue abutting the south 25 feet of Lot 11, through Lot 16, Block F; The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 141516 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 1011 7475 76 106 107108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12 9 1 12 6 3 12 8 4 12 4 5 12 3 4 12 8 3 12 5 2 1994 2044 12 5 7 12 7 9 12 3 5 12 2 3 12 6 0 12 4 2 12 5 4 12 7 1 2064 2066 12 2 2 12 7 3 2014 2048 2021 12 6 1 12 3 5 12 2 2 13 0 0 2025 12 3 9 12 7 5 12 6 6 12 6 7 12 9 3 2020 12 5 9 12 8 0 12 7 1 2067 12 3 3 12 4 5 13 0 1 2017 12 4 5 12 9 5 12 2 5 12 4 6 12 2 6 12 4 5 12 3 9 2066 12 9 0 12 6 2 2030 12 3 5 12 6 5 12 3 4 12 4 9 2072 12 6 4 12 5 5 12 7 7 12 7 1 12 5 9 2022 2088 2071 12 3 1 12 2 5 12 6 7 12 6 6 12 6 0 12 6 2 12 7 2 2053 13 3 0 12 6 7 12 5 7 12 6 1 2027 12 3 1 12 5 6 12 6 5 12 7 8 2079 2084 2020 2021 2000 12 3 5 2070 12 4 6 1333 2028 2026 12 2 0 2075 2010 13 1 7 12 4 4 2060 2057 12 4 2 12 2 4 12 5 1 12 5 5 2069 12 7 0 2064 12 9 2 12 7 4 12 8 3 12 9 6 12 6 0 12 5 3 2071 2022 2031 12 7 9 12 4 7 2056 1999 12 5 6 12 5 1 2026 13 2 5 12 7 7 2058 2077 12 9 1 12 3 1 12 8 2 12 6 5 2031 13 0 0 12 4 3 12 4 1 12 8 7 12 6 2 2015 2063 13 2 2 2049 2080B 2068B 12 4 4 ½ 2080A 13 1 1 2083 13 2 5 13 2 1 12 6 5 2028 13 1 7 12 4 4 12 4 6 2043 2052 2040 12 6 8 2035 2067 13 1 0 2076 12 8 3 12 3 0 12 7 6 2039 12 4 5 12 3 2 12 3 7 1995 2044 2048 13 3 1 1996 12 3 4 12 8 6 13 0 9 12 3 2 2065 12 7 5 12 5 0 2077 12 5 3 2021 1997 12 5 5 12 4 7 2063 13 4 5 12 3 8 2025 13 3 7 2 0 1 7 2087 12 4 1 12 7 3 13 1 0 2081 13 4 1 12 5 0 12 2 3 2049 12 2 8 2050 12 7 1 12 3 5 12 6 6 12 6 3 12 6 7 12 5 0 12 5 9 12 5 6 2047 12 2 7 2024 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 Exhibit C PROPOSED ANNEXATION (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33 30 30 60 60 60 6060 60 60 80 66 60 60 60 60 60 80 60 38 60 60 60 60 58 63 97 40 40 40 40 33 30 50 33 30 60 63 60 60 45 45 60 30 2809828674 49986 83 9 7 0 87912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 37 22 60 60 5033 60 60 28 85419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LN STATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE CO L E S R D SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 1186 13 0 1 11 9 9 188 9 1 8 7 4 1 8 7 6 1 8 7 8 1 8 8 0 1 8 8 2 1 8 8 4 1 8 8 6 1 8 8 8 189 0 12 2 4 1950 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1967 12 5 1 12 8 0 1974 1928 12 2 6 1949 11 7 8 1875 1932 12 0 9 127 6 11 8 5 1925 11 8 4 1954 1946 1994 1926 13 2 9 12 8 5 127 8 1930 12 2 2 1914 1942 11 8 9 12 8 7 12 1 9 12 3 2 1980 1969 13 0 2 1942 1927 1917 1952 13 2 7 1943 1878 12 9 0 12 7 6 12 2 9 12 4 8 12 3 1 12 0 0 12 60 12 5 5 12 56 12 6 7 1916 12 0 3 1947 12 2 2 11 8 2 1963 12 64 12 34 12 3 1 1874 1936 1920 11 9 0 1928 12 0 1 1924 12 3 7 12 0 4 1913 127 2 1910 12 1 5 12 3 0 1940 1923 11 8 9 1978 1958 1903 11 8 0 1908 1969 12 0 0 1987 1901 12 2 5 1940 12 1 1 1962 12 0 6 12 0 7 12 7 9 12 8 7 12 0 9 12 2 3 12 7 4 12 5 6 12 1 2 1 2 3 7 12 3 4 1881 1944 1874 12 1 2 11 9 0 1940 1979 1918 1881 12 2 7 12 66 1915 1926 12 1 8 1931 11 8 4 1925 1933 127 4 11 8 0 1909 12 1 1 1918 12 7 5 127 0 12 0 1 12 5 1 12 2 4 1960 13 0 0 1871 12 2 4 12 3 3 1901 12 44 12 8 8 1916 11 8 5 12 2 1 1887 1880 12 4 6 12 8 4 1936 1933 12 36 12 0 6 1927 1961 1938 12 2 3 1239 1913 12 40 1971 12 2 5 1932 1934 1261 1952 12 1 3 12 58 1870 1936 1895 1904 1944 1981 12 7 1 12 3 3 12 0 8 1877 1938 1920 1929 1964 12 1 5 1938 1918 13 0 4 1876 126 8 1943 12 0 5 1936 1930 11 8 1 B 11 8 1 A 1941 12 9 9 1885 1 8 1 8 8 7 1903 1973 12 1 6 12 0 4 1850 12 0 9 1919 1251 1249 1923 12 0 4 1935 12 0 5 12 8 1 12 1 2 1921 1937 12 1 2 1919 1245 1995 12 9 5 1996 1937 12 1 7 12 8 3 12 0 6 1921 12 1 0 12 1 6 1917 11 8 6 12 0 3 12 0 1 12 3 0 1869 12 7 7 11 8 8 12 2 0 12 0 2 1927 1865 12 7 3 11 8 1 12 9 5 1915 1901 1910 1992 12 1 4 12 2 6 12 1 3 12 1 7 12 0 6 12 7 3 1257 12 8 9 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 Ordinance No. 8848-16 ORDINANCE NO. 8848-16 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 SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU) AND PRESERVATION (P); 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 categories for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU); Preservation (P) (ATA2016-02001) The maps attached as Exhibit B and C are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8847-16. Ordinance No. 8848-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 141516 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 1011 7475 76 106 107108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R RU RU RU RU RU RU RU RM RU RU RU RU RU RM RU RM RU RM RU P RU RM RU RURU RU RU RM RU RM RU RLM RM RU RU RU RU 1998 13 1 1 2081 13 2 5 13 2 1 12 9 1 12 6 3 12 6 5 12 8 4 12 4 5 12 3 4 12 8 3 12 5 2 1994 13 1 7 2044 12 5 7 12 7 9 12 3 5 12 2 3 12 6 0 12 4 2 12 5 4 12 7 1 2064 2066 12 7 3 2014 12 6 1 12 3 5 12 2 2 13 0 0 2025 12 3 9 12 7 5 12 6 6 12 6 7 2040 12 9 3 2020 12 5 9 12 8 0 12 7 1 2067 12 3 3 12 4 5 2035 12 8 3 13 0 1 2017 12 4 5 12 9 5 12 4 5 12 3 7 12 2 5 12 4 6 2044 12 2 6 2048 13 3 1 12 4 5 12 3 9 2066 12 9 0 13 0 9 12 6 2 2030 12 3 5 12 6 5 12 3 4 12 4 9 2072 12 6 4 12 5 5 12 7 7 12 7 1 12 7 5 12 5 9 2022 2088 2071 12 3 1 12 2 5 12 6 7 12 5 3 12 6 6 12 6 0 12 6 2 12 7 2 2053 13 3 0 12 5 5 12 6 7 12 5 7 12 6 1 2027 12 3 1 12 5 6 12 6 5 12 4 7 12 7 8 2084 2020 2000 12 3 5 2070 12 4 6 1333 2087 2028 12 4 1 2026 12 2 0 2075 2010 12 4 4 2060 2057 12 7 3 12 4 2 13 4 1 12 2 4 12 5 1 12 5 5 2069 12 7 0 2064 12 9 2 12 7 4 12 8 3 12 9 6 12 6 0 12 5 3 2071 2022 12 7 9 2050 12 7 1 12 4 7 12 3 5 2056 1999 12 5 6 12 5 1 2026 12 6 3 13 2 5 12 6 7 12 7 7 2058 12 9 1 12 3 1 12 8 2 12 6 5 12 5 9 2031 12 4 3 12 4 1 12 8 7 12 6 2 2015 2063 13 2 2 2080B 2068B 12 4 4 ½ 2080A 2073 2083 2028 12 4 4 12 4 6 2043 12 2 2 2048 2052 2021 12 6 8 2067 13 1 0 2076 12 3 0 12 7 6 2039 12 3 2 1995 1996 12 3 4 12 8 6 12 3 2 2065 12 5 0 2077 2021 1997 2079 2021 2063 13 4 5 12 3 8 2025 13 3 7 2 0 1 7 13 1 7 13 1 0 2081 12 5 0 12 2 3 2049 2031 12 2 8 12 6 6 12 5 0 2077 12 5 6 13 0 0 2047 12 2 7 2024 2049 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Exhibit C FUTURE LAND USE MAP (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33 30 30 60 60 60 6060 60 60 80 66 60 60 60 60 60 80 60 38 60 60 60 60 58 63 97 40 40 40 40 33 30 50 33 30 60 63 60 60 45 45 60 30 2809828674 49986 83 9 7 0 87912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 37 22 60 60 5033 60 60 28 85419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LN STATE ST ALOHA LN SHERIDAN RD CO L E S R D SEDEEVA CIR N CHENANGO AVE SEDEEVA CIR S MACOMBER AVE BERTLAND WAY RU I RU RU RU RU I RU RU RURU P RU RU RU RU RU R/OS RU RU CG RU P RU P RU RU RM CG RU P RU P RM 1998 1186 13 0 1 11 9 9 188 9 1 8 7 4 1 8 7 6 1 8 7 8 1 8 8 0 1 8 8 2 1 8 8 4 1 8 8 6 1 8 8 8 189 0 12 2 4 1950 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1967 12 8 0 1974 1928 12 2 6 12 0 4 1949 1932 12 0 9 127 6 11 8 5 1925 11 8 4 1954 1946 1994 1926 13 2 9 12 8 5 127 8 12 0 4 1930 12 2 2 1914 1942 11 8 9 12 8 7 12 1 9 12 3 2 1969 13 0 2 1942 1917 1952 13 2 7 1943 1878 12 9 0 12 7 6 12 2 9 12 4 8 12 3 1 12 0 0 12 60 12 5 5 12 56 1916 12 0 3 12 2 2 1963 12 1 2 12 64 12 34 12 3 1 1874 1936 1920 11 9 0 1928 12 0 1 1924 12 3 7 12 0 4 1913 127 2 1910 12 1 5 12 3 0 1940 1923 11 8 9 1978 1958 1903 11 8 0 1908 12 0 0 1901 12 2 5 1940 1962 12 0 6 12 0 7 12 7 9 12 8 7 12 0 9 12 2 3 12 7 4 12 1 2 1 2 3 7 12 3 4 1881 1944 1874 12 1 2 1940 1979 12 2 7 12 3 0 12 66 1915 1926 12 2 0 12 1 8 12 0 2 1931 11 8 4 1925 1933 127 4 1909 12 1 1 12 7 5 127 0 12 5 1 12 2 4 1960 13 0 0 1871 12 2 4 12 3 3 1901 12 44 12 8 8 1916 11 8 5 12 2 1 1887 1880 12 4 6 12 8 4 1936 1933 12 36 1927 1910 1961 1938 12 2 3 1239 1913 12 40 12 1 4 1971 12 2 6 12 2 5 1932 1934 1261 1952 12 1 3 12 1 3 12 58 1870 1936 1904 1944 1981 12 3 3 12 0 8 1938 12 1 7 12 0 6 1929 1964 12 1 5 1938 1918 13 0 4 1876 126 8 1943 12 0 5 1936 1930 11 8 1 B 11 8 1 A 1941 12 9 9 1885 1 8 1 8 8 7 1903 1973 12 1 6 12 5 1 1850 11 7 8 12 0 9 1875 1919 1251 1249 1923 1980 1927 1935 12 0 5 12 8 1 12 1 2 1921 1937 12 6 7 1947 11 8 2 1919 1245 1995 12 9 5 1996 1937 12 1 7 1969 1987 12 1 1 12 8 3 12 0 6 1921 12 1 0 12 5 6 12 1 6 1917 11 8 6 11 9 0 12 0 3 12 0 1 1918 1881 1869 12 7 7 11 8 8 1927 11 8 0 1865 1918 12 7 3 12 0 1 11 8 1 12 9 5 1915 1901 12 0 6 1992 1895 12 7 1 1877 1920 12 7 3 1257 12 8 9 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8849-16 ORDINANCE NO. 8849 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of zoning district classifications as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8847-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR); Preservation (P) (ATA2016-02001) Ordinance No. 8849-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP (1 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 4 0 40 40 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 141516 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 1011 7475 76 106 107108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R LMDR MDR 1998 13 1 1 2073 2081 13 2 5 13 2 1 12 9 1 12 6 3 12 6 5 12 8 4 12 4 5 12 3 4 12 8 3 12 5 2 1994 13 1 7 2044 12 5 7 12 7 9 12 3 5 12 2 3 12 6 0 12 4 2 12 5 4 12 7 1 2043 2064 2066 12 2 2 12 7 3 2014 2048 2021 12 6 1 12 3 5 12 2 2 13 0 0 2025 12 3 9 12 7 5 12 6 6 12 6 7 2040 12 9 3 2020 12 5 9 12 8 0 12 7 1 2067 12 3 3 12 4 5 2035 12 8 3 13 0 1 2017 12 4 5 12 9 5 12 4 5 12 3 7 12 2 5 12 4 6 2044 12 2 6 2048 13 3 1 12 4 5 12 3 9 2066 12 9 0 13 0 9 12 6 2 2030 12 3 5 12 6 5 12 3 4 12 4 9 2072 12 6 4 12 5 5 12 7 7 12 7 1 12 7 5 12 5 9 2022 2088 2071 12 3 1 12 2 5 12 6 7 12 5 3 12 6 6 12 6 0 12 6 2 12 7 2 13 3 0 12 5 5 12 6 7 12 5 7 12 6 1 2027 12 3 1 12 5 6 12 6 5 12 4 7 12 7 8 2079 2084 2020 2021 2000 12 3 5 2070 13 3 7 12 4 6 1333 2087 2028 12 4 1 2026 12 2 0 2075 2010 13 1 7 12 4 4 2060 12 7 3 12 4 2 2081 13 4 1 12 2 4 12 5 1 12 5 5 2069 12 7 0 2064 12 9 2 12 7 4 12 8 3 12 9 6 12 6 0 12 5 3 2071 2022 2031 12 7 9 2050 12 7 1 12 4 7 12 3 5 2056 1999 12 5 6 12 5 1 2026 12 6 3 13 2 5 12 6 7 12 7 7 2058 2077 12 9 1 12 3 1 12 8 2 12 6 5 12 5 9 2031 12 4 3 12 4 1 12 8 7 12 6 2 2015 2063 13 2 2 2049 2080B 2068B 12 4 4 ½ 2080A LMDR 2083 2028 12 4 4 12 4 6 2052 12 6 8 2067 13 1 0 2076 12 3 0 12 7 6 2039 12 3 2 1995 1996 12 3 4 12 8 6 12 3 2 2065 12 5 0 2077 2021 1997 2053 2063 13 4 5 12 3 8 2025 2 0 17 2057 13 1 0 12 5 0 12 2 3 2049 12 2 8 12 6 6 12 5 0 12 5 6 13 0 0 2047 12 2 7 2024 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Exhibit C ZONING MAP (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33 30 30 60 60 60 6060 60 60 80 66 60 60 60 60 60 80 60 38 60 60 60 60 58 63 97 40 40 40 40 33 30 50 33 30 60 63 60 60 45 45 60 30 2809828674 49986 83 9 7 0 87912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 37 22 60 60 5033 60 60 28 85419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LN STATE ST CO L E S R D SHERIDAN RD ALOHA LN SEDEEVA CIR N CHENANGO AVE SEDEEVA CIR S MACOMBER AVE BERTLAND WAY I LMDR LMDR MDR I MDR MDR OS/R C 1998 188 9 1 8 7 4 1 8 7 6 1 8 7 8 1 8 8 0 1 8 8 2 1 8 8 4 1 8 8 6 1 8 8 8 189 0 12 2 4 1903 1950 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1967 12 8 0 1974 1928 12 2 6 12 0 4 1949 1178 1875 1932 1209 1276 1185 1925 1184 1954 1946 1994 1926 1329 1285 1278 1204 1930 1222 1914 1942 1189 1287 1219 1232 1980 1302 1942 1927 1917 1952 1943 1878 1290 1276 1229 1248 1231 1200 1260 1255 1256 1267 1916 1203 1947 1182 1963 1212 1264 1234 1231 1874 1936 1920 1928 1201 1924 1237 1204 1913 1272 1910 1215 1230 1940 1923 1189 1978 1958 1908 1969 1200 1987 1901 1225 1940 1211 1962 1206 1207 1279 1287 1209 1223 1274 1256 1212 1 2 3 7 1234 1881 1944 1874 1190 1940 1203 1979 1918 1881 1227 1230 1266 1915 1926 1220 1218 1202 19311925 1933 1274 1180 1909 1211 1918 1275 1270 1201 1251 1224 1960 1300 1224 1233 1901 1244 1288 1916 1185 1221 1880 1246 1284 1901 1936 1933 1236 1206 1927 1910 1961 1938 1223 1239 1913 1240 1214 1971 1226 1225 1932 1934 1261 1952 1213 1213 1258 1870 1936 1895 1904 1944 1981 1233 1208 1877 1938 1217 1920 1206 1929 1964 1215 1938 1918 1304 1876 1268 1943 1205 1936 1930 LMDR LMDR LMDR LMDR LMDR LMDR LMDR MD MD 1941 1186 1301 1299 1199 1885 1 8 1 8 8 7 1973 1216 1251 1850 1209 1919 1251 1249 1923 1969 1935 1205 1327 1281 1212 1921 1937 1222 1919 1245 1995 1295 1996 1190 1937 1217 1903 1180 1283 1206 1921 1210 1216 1917 1186 1212 1201 1869 1277 1188 1184 1927 1865 1273 1181 1871 1295 1887 1915 1992 1271 1273 1257 1289 1181B 1181A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P UNION ST KINGS HW Y N BETTY LN DOUGLAS AVE SUNSET POINT RD N HIGHLAND AVE OVERBROOK AVE IDLEWILD DR PALM ST OTTEN ST JOEL LN B Y R A M D R SANDY LN STATE ST MARY L RD BROADWAY PINELAND DR TERRACE RD BERMUDA ST SP R I N G T I M E A V E SEDEEVA CIR N SY LV AN D R RIDGELANE RD ARBELIA ST FLORA RD WILSON RD PLATEAU RD SYLVAN DR ALPINE RD CHEN A NG O AV E WESTON DR IVA ST SPRING LN THAMES LN MARINE ST N WASHINGTON AVE ER I N L N PI NELAND DR JADE AVE GRANADA ST SEDEEVA CIR S F U L L E R D R BENTLEY ST PORT WAY STRATHMILL DR SPRINGTIME AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 ^ ^ ^ ^ ^ S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN PALM ST PALM ST WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE THE MALL THE MALL BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY UNION ST UNION ST S H O R E D R S H O R E D R -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P N BE TTY LN N BE TTY LN DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD SEDEEVA CIR NSEDEEVA CIR N STATE ST STATE ST CHE NA NG O AVE CHE NA NG O AVE CO L E S R D CO L E S R D SEDEEVA CIR SSEDEEVA CIR S MACOMBER AVE MACOMBER AVE SYLVAN DR SYLVAN DR BERTLAND WAY BERTLAND WAY PINELAND DR PINELAND DR ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD F U L L E R D R F U L L E R D R -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 141516 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 1011 7475 76 106 107108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12 9 1 12 6 3 12 8 4 12 4 5 12 3 4 12 8 3 12 5 2 1994 2044 12 5 7 12 7 9 12 3 5 12 2 3 12 6 0 12 4 2 12 5 4 12 7 1 2064 2066 12 2 2 12 7 3 2014 2048 2021 12 6 1 12 3 5 12 2 2 13 0 0 2025 12 3 9 12 7 5 12 6 6 12 6 7 12 9 3 2020 12 5 9 12 8 0 12 7 1 2067 12 3 3 12 4 5 13 0 1 2017 12 4 5 12 9 5 12 2 5 12 4 6 12 2 6 12 4 5 12 3 9 2066 12 9 0 12 6 2 2030 12 3 5 12 6 5 12 3 4 12 4 9 2072 12 6 4 12 5 5 12 7 7 12 7 1 12 5 9 2022 2088 2071 12 3 1 12 2 5 12 6 7 12 6 6 12 6 0 12 6 2 12 7 2 2053 13 3 0 12 6 7 12 5 7 12 6 1 2027 12 3 1 12 5 6 12 6 5 12 7 8 2079 2084 2020 2021 2000 12 3 5 2070 12 4 6 1333 2028 2026 12 2 0 2075 2010 13 1 7 12 4 4 2060 2057 12 4 2 12 2 4 12 5 1 12 5 5 2069 12 7 0 2064 12 9 2 12 7 4 12 8 3 12 9 6 12 6 0 12 5 3 2071 2022 2031 12 7 9 12 4 7 2056 1999 12 5 6 12 5 1 2026 13 2 5 12 7 7 2058 2077 12 9 1 12 3 1 12 8 2 12 6 5 2031 13 0 0 12 4 3 12 4 1 12 8 7 12 6 2 2015 2063 13 2 2 2049 2080B 2068B 12 4 4 ½ 2080A 13 1 1 2083 13 2 5 13 2 1 12 6 5 2028 13 1 7 12 4 4 12 4 6 2043 2052 2040 12 6 8 2035 2067 13 1 0 2076 12 8 3 12 3 0 12 7 6 2039 12 4 5 12 3 2 12 3 7 1995 2044 2048 13 3 1 1996 12 3 4 12 8 6 13 0 9 12 3 2 2065 12 7 5 12 5 0 2077 12 5 3 2021 1997 12 5 5 12 4 7 2063 13 4 5 12 3 8 2025 13 3 7 2 0 1 7 2087 12 4 1 12 7 3 13 1 0 2081 13 4 1 12 5 0 12 2 3 2049 12 2 8 2050 12 7 1 12 3 5 12 6 6 12 6 3 12 6 7 12 5 0 12 5 9 12 5 6 2047 12 2 7 2024 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Dunedin Woodland S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33 30 30 60 60 60 6060 60 60 80 66 60 60 60 60 60 80 60 38 60 60 60 60 58 63 97 40 40 40 40 33 30 50 33 30 60 63 60 60 45 45 60 30 2809828674 49986 83 9 7 0 87912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 37 22 60 60 5033 60 60 28 85419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LN STATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE CO L E S R D SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 1186 13 0 1 11 9 9 188 9 1 8 7 4 1 8 7 6 1 8 7 8 1 8 8 0 1 8 8 2 1 8 8 4 1 8 8 6 1 8 8 8 189 0 12 2 4 1950 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1967 12 5 1 12 8 0 1974 1928 12 2 6 1949 11 7 8 1875 1932 12 0 9 127 6 11 8 5 1925 11 8 4 1954 1946 1994 1926 13 2 9 12 8 5 127 8 1930 12 2 2 1914 1942 11 8 9 12 8 7 12 1 9 12 3 2 1980 1969 13 0 2 1942 1927 1917 1952 13 2 7 1943 1878 12 9 0 12 7 6 12 2 9 12 4 8 12 3 1 12 0 0 12 60 12 5 5 12 56 12 6 7 1916 12 0 3 1947 12 2 2 11 8 2 1963 12 64 12 34 12 3 1 1874 1936 1920 11 9 0 1928 12 0 1 1924 12 3 7 12 0 4 1913 127 2 1910 12 1 5 12 3 0 1940 1923 11 8 9 1978 1958 1903 11 8 0 1908 1969 12 0 0 1987 1901 12 2 5 1940 12 1 1 1962 12 0 6 12 0 7 12 7 9 12 8 7 12 0 9 12 2 3 12 7 4 12 5 6 12 1 2 1 2 3 7 12 3 4 1881 1944 1874 12 1 2 11 9 0 1940 1979 1918 1881 12 2 7 12 66 1915 1926 12 1 8 1931 11 8 4 1925 1933 127 4 11 8 0 1909 12 1 1 1918 12 7 5 127 0 12 0 1 12 5 1 12 2 4 1960 13 0 0 1871 12 2 4 12 3 3 1901 12 44 12 8 8 1916 11 8 5 12 2 1 1887 1880 12 4 6 12 8 4 1936 1933 12 36 12 0 6 1927 1961 1938 12 2 3 1239 1913 12 40 1971 12 2 5 1932 1934 1261 1952 12 1 3 12 58 1870 1936 1895 1904 1944 1981 12 7 1 12 3 3 12 0 8 1877 1938 1920 1929 1964 12 1 5 1938 1918 13 0 4 1876 126 8 1943 12 0 5 1936 1930 11 8 1 B 11 8 1 A 1941 12 9 9 1885 1 8 1 8 8 7 1903 1973 12 1 6 12 0 4 1850 12 0 9 1919 1251 1249 1923 12 0 4 1935 12 0 5 12 8 1 12 1 2 1921 1937 12 1 2 1919 1245 1995 12 9 5 1996 1937 12 1 7 12 8 3 12 0 6 1921 12 1 0 12 1 6 1917 11 8 6 12 0 3 12 0 1 12 3 0 1869 12 7 7 11 8 8 12 2 0 12 0 2 1927 1865 12 7 3 11 8 1 12 9 5 1915 1901 1910 1992 12 1 4 12 2 6 12 1 3 12 1 7 12 0 6 12 7 3 1257 12 8 9 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/12/2016 Single Family Residential Single Family Residential Place of Worship Woodland UtilitiesRetail Single Family Residential Retail Single Family Residential Water Retail Single Family Residential View looking north at the subject property, 1216 Aloha LaneAcross the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02001 Walter F. Mott 1216 Aloha Lane View looking easterly along Aloha LaneView looking westerly along Aloha Lane View looking north at the subject property, 1310 IdlewildDriveAcross the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02001 Eric Fiske 1310 IdlewildDrive View looking easterly along IdlewildDriveView looking westerly along IdlewildDrive View looking east at the subject property, 1915 MacomberAvenueAcross the street, west of the subject property North of the subject propertySouth of the subject property ATA2016-02001 Nicholas J. Stewart 1915 MacomberAvenue View looking northerly along MacomberAvenueView looking southerly along MacomberAvenue View looking east at the subject property, 2047 PoinsettaAvenueAcross the street, west of the subject property North of the subject propertySouth of the subject property ATA2016-02001 Shirley J. & Jerry A. Watson 2047 PoinsettaAvenue View looking northerly along PoinsettaAvenueView looking southerly along PoinsettaAvenue View looking east at the subject property, 2049 PoinsettaAvenueAcross the street, west of the subject property North of the subject propertySouth of the subject property ATA2016-02001 Emil Baltic & Angela Mitchell 2049 PoinsettaAvenue View looking northerly along PoinsettaAvenueView looking southerly along PoinsettaAvenue View looking south at the subject property, 1273 SedeevaCircle NAcross the street, north of the subject property East of the subject propertyWest of the subject property ATA2016-02001 Patrick B. Voyles 1273 SedeevaCircle N View looking easterly along SedeevaCircle NView looking westerly along SedeevaCircle N View looking south at the subject property, 1209 Sheridan RoadAcross the street, north of the subject property East of the subject propertyWest of the subject property ATA2016-02001 Maria D. & Terrance Alex Gomes 1209 Sheridan Road View looking easterly along Sheridan RoadView looking westerly along Sheridan Road View looking north at the subject property, 1212 Sheridan RoadAcross the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02001 James Clarence Miles, II 1212 Sheridan Road View looking easterly along Sheridan RoadView looking westerly along Sheridan Road View looking south at the subject property, 1227 Union StreetAcross the street, north of the subject property East of the subject propertyWest of the subject property ATA2016-02001 Frantz G. Paultre 1227 Union Street View looking easterly along Union StreetView looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ATA2016-02002 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way; and pass Ordinances 8850-16, 8851-16 and 8852-16 on first reading. (ATA2016-02002) SUMMARY: The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. To date, 124 properties have voluntarily annexed into the City as a result of this project, including the nine properties annexed through ATA 2016-02001 (also on this City Council agenda). This application includes three properties in the Idlewild /The Mall Septic-to-Sewer Project area that had agreements recorded between 2011 and 2014 which can now be annexed into the City. The subject properties are occupied by three detached dwellings on 0.477 acres of land. All properties are contiguous to existing city boundaries in at least one direction. The Development Review Committee is proposing that 0.677-acres of Sunset Point Road and Douglas Avenue right -of-way not currently within the City also be annexed. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·All of the properties currently receive water and sewer service from the City. Collection of solid waste will be provided to the properties by the City. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 4/15/2016 File Number: ATA2016-02002 Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and all of the properties exceed the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8850-16 ORDINANCE NO. 8850-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHTS-OF- WAY OF SUNSET POINT ROAD AND DOUGLAS AVENUE, 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 maps attached hereto as Exhibits B and C have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ATA2016-02002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8850-16 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 A TA2016-02002 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0040 Lot 4, Block 1 1208 Sunset Point Road 2. 03-29-15-87912-001-0050 Lots 5 and 6, Block 1 1210 Sunset Point Road The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. Together with all Right-of-Way abutting Sunset Point Road, Lot 1, and Lots 3 through 6, Block 1, Sunset Knoll subdivision, Together with the east 30 feet of Right-of-Way of Douglas Avenue abutting Lot 1, Block 1, Sunset Knoll subdivision, south approximately 290 feet to southwest corner of Lot 7, Block A, Harbor Vista subdivision, as recorded in PLAT BOOK 18, PAGE 41, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 3. 03-29-15-12060-006-0150 Lot 15, Block F 2040 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION (1of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST 13 1 1 2073 2081 13 2 5 13 2 1 12 9 1 13 1 7 2044 12 7 9 2043 2064 2066 2048 12 9 3 2067 2035 12 8 3 13 0 1 2080 2044 2048 13 3 1 2066 12 9 0 13 0 9 2030 2072 12 7 5 2088 2071 2053 13 3 0 12 7 8 2079 2084 2000 13 4 5 2070 13 3 7 1333 2087 2028 2075 13 1 7 2060 2057 2081 13 4 1 2069 2064 12 9 2 12 8 3 2049 2071 2031 12 7 9 2050 2056 2026 13 2 5 2058 2077 12 8 2 2031 13 0 0 2047 2063 13 2 2 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 13 1 0 13 4 9 22068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Exhibit C PROPOSED ANNEXATION (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVA N D R PINELAND DR SPRINGTIME AVE 1903 12 1 6 12 5 1 12 0 4 1850 1178 1866 1184 1872 1204 1930 1219 1942 1917 1927 1205 1943 1878 1231 1212 1203 1870 1933 1182 1212 1878 1231 1874 1172 1913 1910 1167 1863 1200 1901 1225 1929 1206 1882 1216 1234 1881 1186 1874 1941 1203 1201 1881 1227 1230 1869 1943 1869 1915 1220 1218 1202 1180 1865 1909 1211 1915 1201 1224 1871 1880 1246 1933 1910 1223 1214 1226 1934 1213 1213 1870 1936 1895 1904 1877 1217 1215 1938 1876 1199 1885 30 1209 1875 1209 6 0 1860 10 1201 42 1211 8 1210 6 2 28 2 1224 1170 1887 1901 1856 1208 1206 1181B 1181A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/18/2016 Ordinance No. 8851-16 ORDINANCE NO. 8851-16 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 SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU) (ATA2016-02002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8850-16. Ordinance No. 8851-16 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 A TA2016-02002 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0040 Lot 4, Block 1 1208 Sunset Point Road 2. 03-29-15-87912-001-0050 Lots 5 and 6, Block 1 1210 Sunset Point Road The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 3. 03-29-15-12060-006-0150 Lot 15, Block F 2040 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30 36 1 RU RU RU RU RU RU RU RU RURU RU RM RU RU RU RM RU RU RM RU RU RU RU RM RU RMRM RU UNION ST THE MAL L N BETTY LN IDLEWILD DR PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST 13 1 1 2073 2081 13 2 5 13 2 1 12 9 1 13 1 7 2044 12 7 9 2043 2064 2066 2048 12 9 3 2067 2035 12 8 3 2080 2044 2048 13 3 1 2066 12 9 0 13 0 9 2030 2072 12 7 5 207113 3 0 12 7 8 2079 2084 2000 13 4 5 2070 13 3 7 1333 2087 2028 2075 2060 2057 2081 13 4 1 2069 2064 12 9 2 12 8 3 2071 12 7 9 2050 2056 2026 13 2 5 2058 12 8 2 13 0 0 2063 13 2 2 2080B 2068B 2080A 2083 2 20 2052 2040 2067 2076 13 0 1 2039 2065 20882077 2053 2063 13 1 7 13 1 0 13 4 9 2049 2031 2 2077 2031 2047 2049 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Exhibit C FUTURE LAND USE MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 63 97 40 40 40 40 30 33 30 63 87912 1 2 3 4 1011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 1 2 3 4 5 6 7 8 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 3134 35 36 37 38 39 40 41 42 60 503330 60 60 5 6 7 8 10 11 12 1 2 3 4 5 6 7 8 9 10 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 1 1 1 1 RU I RU RU RU RU RU CGRU P RU RM RU P CG RU P RU RU RM DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DR PINELAND DR SPRINGTIME AVE 11 9 9 12 0 4 18501866 12 0 9 1184 1872 1204 1930 1219 1942 1927 1943 1878 1231 1212 1203 1870 1182 1212 1231 1874 1172 1201 1913 1910 1167 1863 1200 1901 1225 1929 1206 1882 1216 1234 1881 1874 1203 1201 1227 1230 1869 1943 1915 1220 1218 1202 1909 1211 1201 1224 1871 1224 1887 1880 1246 1933 1910 1223 1214 1226 1934 1213 1213 1870 1936 1904 1217 1215 1938 1876 1181B 1181A 1885 1903 1216 1251 30 1178 1875 1209 1917 6 1205 0 1860 1933 1878 10 42 1211 8 1210 6 1186 1941 2 1881 1869 28 1180 1865 19152 1170 1901 1856 1895 1208 1877 1206 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8852-16 ORDINANCE NO. 8852 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8850-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ATA2016-02002) Ordinance No. 8852-16 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 B ZONING MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST LMDR MDR 13 1 1 2073 2081 13 2 5 13 2 1 12 9 1 13 1 7 2044 12 7 9 2043 2064 2066 2048 12 9 3 2067 2035 12 8 3 13 0 1 2080 2044 2048 13 3 1 2066 12 9 0 13 0 9 2030 2072 12 7 5 2088 2071 2053 13 3 0 12 7 8 2079 2084 2000 13 4 5 2070 13 3 7 1333 2087 2028 2075 13 1 7 2060 2057 2081 13 4 1 2069 2064 12 9 2 12 8 3 2049 2071 2031 12 7 9 2050 2056 2026 13 2 5 2058 2077 12 8 2 2031 13 0 0 2063 13 2 2 2049 2080B 2068B 2080A 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 13 1 0 13 4 9 2 2047 2068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/16/2016 Exhibit C ZONING MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 63 97 40 40 40 40 30 33 30 63 87912 1 2 3 4 1011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 1 2 3 4 5 6 7 8 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 3134 35 36 37 38 39 40 41 42 60 503330 60 60 5 6 7 8 10 11 12 1 2 3 4 5 6 7 8 9 10 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 1 1 1 1 DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DR PINELAND DR SPRINGTIME AVE I MDR C LMDR LMDR LMDR MDR LMDR LMDR LMDR LMDR LMDR 11 9 9 1903 12 5 1 12 0 4 1850 1178 1866 1209 1875 1209 1184 1872 1930 1942 1927 1205 1878 1231 1212 1203 1870 1933 1182 1878 1172 1201 1913 1910 1167 1863 1200 1901 1225 1929 1211 1206 1882 1216 1234 1881 1874 1941 1881 1227 1869 1943 19151218 1180 1909 1211 1201 1224 1224 1887 1880 12461901 1933 1910 1223 1934 1213 1213 1870 1936 1895 1904 1877 1217 1215 1938 1181B 1181A 1885 1216 30 1204 1219 1917 6 0 1943 1860 1212 1231 1874 10 42 8 1210 6 1186 1203 2 1201 1230 1869 1220 1202 28 1865 19152 1871 1170 1856 1214 1226 1208 1206 1876 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HW Y N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST BROADWAY OVERBROOK AVE BERMUDA ST PO INSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL SYLVAN DR ALPINE RD CHENANG O AVE IVA ST SEDEEVA ST VISTA WAY PINELAND DR CO L E S R D ALOHA LN N EVERGREEN AVE BARBARA AVE FULLER DR MACOMBER AVE SPRINGTIME AVE BYRAM DR PORT WAY SPRING LN PLAZA DOL OR ES STARBOARD WAY PINECREST WAY SPRINGTIME AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 ^ PROJECT SITE ^ PROJECT SITES S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST UNION ST THE MALL THE MALL N BETTY L N N BETT Y L N IDLEWILD DR IDLEWILD DR PO I N S E T T A A V E PO I N S E T T A A V E LANTANA AVE LANTANA AVE ARBEL IA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD CO L E S R D CO L E S R D ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SYLVAN DR SYLVAN DR SPRINGTIME AVE SPRINGTIME AVE PINELAND DR PINELAND DR SPRINGTIME AVE SPRINGTIME AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST 13 1 1 2073 2081 13 2 5 13 2 1 12 9 1 13 1 7 2044 12 7 9 2043 2064 2066 2048 12 9 3 2067 2035 12 8 3 13 0 1 2080 2044 2048 13 3 1 2066 12 9 0 13 0 9 2030 2072 12 7 5 2088 2071 2053 13 3 0 12 7 8 2079 2084 2000 13 4 5 2070 13 3 7 1333 2087 2028 2075 13 1 7 2060 2057 2081 13 4 1 2069 2064 12 9 2 12 8 3 2049 2071 2031 12 7 9 2050 2056 2026 13 2 5 2058 2077 12 8 2 2031 13 0 0 2047 2063 13 2 2 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 13 1 0 13 4 9 22068A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Single Family Residential S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DR PINELAND DR SPRINGTIME AVE 1903 12 1 6 12 5 1 12 0 4 1850 1178 1866 1184 1872 1204 1930 1219 1942 1917 1927 1205 1943 1878 1231 1212 1203 1870 1933 1182 1212 1878 1231 1874 1172 1913 1910 1167 1863 1200 1901 1225 1929 1206 1882 1216 1234 1881 1186 1874 1941 1203 1201 1881 1227 1230 1869 1943 1869 1915 1220 1218 1202 1180 1865 1909 1211 1915 1201 1224 1871 1880 1246 1933 1910 1223 1214 1226 1934 1213 1213 1870 1936 1895 1904 1877 1217 1215 1938 1876 1199 1885 30 1209 1875 1209 6 0 1860 10 1201 42 1211 8 1210 6 2 28 2 1224 1170 1887 1901 1856 1208 1206 1181B 1181A -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/18/2016Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 2040 PoinsettaAvenueAcross the street, east of the subject property North of the subject propertySouth of the subject property ATA2016-02002 Guillermo & Gladys Lopez 2040 PoinsettaAvenue View looking northerly along PoinsettaAvenueView looking southerly along PoinsettaAvenue View looking north at the subject property, 1208 Sunset Point Road Across the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02002 AbdallaSalous 1208 Sunset Point Road View looking easterly along Sunset Point RoadView looking westerly along Sunset Point Road View looking north at the subject property, 1210 Sunset Point Road Across the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02002 Kenneth M. S. Gillespie 1210 Sunset Point Road View looking easterly along Sunset Point RoadView looking easterly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ATA2016-02003 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way; and pass Ordinances 8853-16, 8854-16 and 8855-16 on first reading. (ATA2016-02003) SUMMARY: The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. To date, 127 properties have voluntarily annexed into the City as a result of this project, including the nine properties annexed in through ATA 2016-02001 and the three properties annexed in through ATA2016-02002 (both also on this City Council agenda). This application includes one property in the Idlewild /The Mall Septic-to-Sewer Project area with an ATA recorded in 2014 that can now be annexed into the City. This application consists of one property, which is occupied by one detached dwelling on 0.121 acres of land and is contiguous to existing city boundaries to the west. The Development Review Committee is proposing that 0.075-acres of Sunset Point right -of-way not currently within the City also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·This property currently receives water and sewer service from the City. Collection of solid waste will be provided to the property by the City. The parcel has already been connected to the City’s sanitary sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and Page 1 City of Clearwater Printed on 4/15/2016 File Number: ATA2016-02003 policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements . The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the west. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8853-16 ORDINANCE NO. 8853-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Together with all abutting Right-of-Way of Sunset Point Road. (ATA2016-02003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8853-16 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 PROPOSED ANNEXATION Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 58 63 97 40 40 40 40 33 30 50 63 60 83 9 7 0 87912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 2122 60 5033 60 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DR PINELAND DR 11 9 9 1 8 7 4 1 8 7 6 1903 12 5 1 12 0 4 12 0 9 1875 1932 12 0 9 1184 1204 1930 1219 1942 1917 1205 1943 1878 1248 1231 1212 1916 1203 1212 1231 1874 1201 1924 1913 1910 1903 1200 1901 1225 1940 1211 1206 1216 1234 1944 1874 1203 1201 1881 1227 1230 1915 1926 1220 1218 1202 1925 1909 1211 1201 1224 1871 1901 1880 12461901 1933 1927 1910 1938 1223 1214 1226 1934 1213 1213 1870 1936 1895 1904 1208 1217 1206 1929 1215 1938 1918 1876 1943 1936 1181B 1181A 1941 1216 1850 1919 1923 1921 1937 1182 12101186 1224 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8854-16 ORDINANCE NO. 8854-16 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 PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Residential Urban (RU) (ATA2016-02003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8853-16. Ordinance No. 8854-16 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 FUTURE LAND USE MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 58 63 97 40 40 40 40 33 30 50 63 60 83 9 7 0 87912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 2122 60 5033 60 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 RURU RU RU I PCG P RU RU RU RU RU CG RU RM DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DR PINELAND DR 11 9 9 1 8 7 4 1 8 7 6 12 0 4 12 0 9 1875 1932 12 0 4 1930 12 1 9 1942 1943 1878 12 4 8 12 3 1 12 1 2 1916 12 0 3 12 1 2 12 3 1 1874 12 0 1 1924 1913 1910 1903 12 0 0 1901 12 2 5 1940 12 0 6 12 1 6 12 3 4 1944 12 0 3 12 0 1 12 2 7 12 3 0 1915 1926 12 2 0 12 1 8 12 0 2 1925 1909 12 1 1 12 0 1 12 2 4 1871 1901 1880 12 4 6 1933 1927 1910 1938 12 2 3 12 1 4 12 2 6 1934 12 1 3 12 1 3 1870 12 0 8 12 1 7 12 0 6 1929 12 1 5 1918 1876 1943 1936 11 8 1 B 11 8 1 A RU P 1941 1903 12 1 6 12 5 1 1850 12 0 9 1919 1184 1923 1917 1205 1921 1937 1182 1211 12101186 1874 1881 12241901 1936 1895 1904 1938 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Ordinance No. 8855-16 ORDINANCE NO. 8855-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8853-16. Property Zoning District Lot 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ATA2016-02003) Ordinance No. 8855-16 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 ZONING MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 58 63 97 40 40 40 40 33 30 50 63 60 83 9 7 0 87912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 2122 60 5033 60 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 MDR I C MDR LMDR MDR LMDR LMDR LMDR LMDR LMDR LMDR DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DR PINELAND DR 11 9 9 1 8 7 4 1 8 7 6 1903 12 0 4 12 0 9 1875 1932 12 0 9 1184 1930 1942 1205 1943 1878 1248 1231 1212 1916 1203 1201 1924 1913 1903 1200 1901 1225 1940 1211 1206 1216 1234 1944 1874 1203 1201 1881 1227 1915 1926 1218 1925 1211 1201 1224 1901 1880 12461901 1933 1927 1910 1938 1223 1934 1213 1213 1870 1895 1208 1217 1206 1929 1215 1918 1943 1181A 1941 1216 1251 1850 1919 1923 1204 1219 1917 1921 1937 1182 1212 1231 1874 1910 12101186 1230 1220 1202 1909 1871 1224 1214 1226 1936 1904 1938 1876 1936 1181B -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Location.docx LOCATION MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HW Y N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST OVERBROOK AVE BROADWAY BERMUDA ST PO INSETTA AVE SEDEEVA CIR N ARBELIA ST RIDGELANE RD B Y R A M D R SYLVAN DR ALPINE RD CHENANGO AVE JOEL LN IVA ST WILSON RD N WASHINGTON AVE VISTA WAY PI NELAND DR CARLOS AVE SPRING LN THAMES LN CO L E S R D N EVERGREEN AVE F U L L E R D R MACOMBER AVE SPRINGTIME AVE BARBARA LN GRANADA ST PORT WAY PINECREST WAY SPRINGTIME AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGL AS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD CO L E S R D CO L E S R D ALOHA LN ALOHA LN CHENANGO AVE CHENANGO AVE SHERIDAN RD SHERIDAN RD SYLVAN DR SYLVAN DR PINELAND DR PINELAND DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 58 63 97 40 40 40 40 33 30 50 63 60 83 9 7 0 87912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 2122 60 5033 60 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD CO L E S R D ALOHA LN CHENANG O AVE SHERIDAN RD SYLVAN DR PINELAND DR 11 9 9 1 8 7 4 1 8 7 6 1903 12 5 1 12 0 4 12 0 9 1875 1932 12 0 9 1184 1204 1930 1219 1942 1917 1205 1943 1878 1248 1231 1212 1916 1203 1212 1231 1874 1201 1924 1913 1910 1903 1200 1901 1225 1940 1211 1206 1216 1234 1944 1874 1203 1201 1881 1227 1230 1915 1926 1220 1218 1202 1925 1909 1211 1201 1224 1871 1901 1880 12461901 1933 1927 1910 1938 1223 1214 1226 1934 1213 1213 1870 1936 1895 1904 1208 1217 1206 1929 1215 1938 1918 1876 1943 1936 1181B 1181A 1941 1216 1850 1919 1923 1921 1937 1182 12101186 1224 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/17/2016 Retail Woodland Single Family Residential Retail Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1224 Sunset Point RoadAcross the street, south of the subject property East of the subject propertyWest of the subject property ATA2016-02003 Barnes Family Trust 1224 Sunset Point Road View looking easterly along Sunset Point RoadView looking westerly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-10021b Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1712 Grove Drive; and pass Ordinances 8897-16, 8898-16 and 8899-16 on second reading . (ANX2014-10021) SUMMARY: This annexation request was passed on first reading on December 8, 2014 and involves a 0.193-acre property consisting of one parcel located on the west side of Grove Drive approximately 330 feet north of State Road 590. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, east and west. Second reading of this annexation request was delayed because the applicant was constructing a single family home on this parcel under the County ’s jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 8627-15, 8628-15 and 8629-15), so a third and final reading will also be scheduled at the May 5, 2016 meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/15/2016 Ordinance No. 8997-16 ORDINANCE NO. 8997-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. (ANX2014-10021) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. 2 Ordinance No. 8897-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8627-15) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27 7 0 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - Ordinance No. 8898-16 ORDINANCE NO. 8898-16 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 PROPERTY LOCATED ON THE WEST SIDE OF GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, CLEARWATER, FLORIDA 33759, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2014-10021) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8897-16. 2 Ordinance No. 8898-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8628-15) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Future Land Use Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 RL RU RU 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 27 7 0 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - RL Ordinance No. 8899-16 ORDINANCE NO. 8899-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8897-16. Property Zoning District Lot 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2014-10021) 2 Ordinance No. 8899-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8629-15) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Zoning Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W LMDR 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27 7 0 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Location Map.docx Location Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A ^ PROJECT SITE US-19 -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Aerial.docx Aerial Photograph Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A SR 590 SR 590 LUCAS DR LUCAS DR GROV E DR GROV E DR THOMAS DR THOMAS DR EL TRINDAD DR E EL TRINDAD DR E COUNTRY LN W COUNTRY LN W -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Proposed Annexation.docx Proposed Annexation Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27 7 0 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 FLU.docx Future Land Use Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 RL RU RU 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 27 7 0 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Zoning.docx Zoning Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W LMDR 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27 7 0 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Existing Uses.docx Existing Surrounding Uses Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 66 94374 94356 94 3 20 6 5 5 4 4 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60 50 5060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR E COUNTRY LN W 28 1 3 28 0 5 1608 1612 27 8 5 27 7 7 27 7 1 27 6 5 27 5 9 27 5 3 2712 27 1 3 27 2 3 27 2 9 27 3 5 27 4 1 27 4 7 1705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27 7 0 1700 1729 1733 27 2 0 27 6 0 2754 2730 2760 2766 2722 1712 160 1611 27 5 3 1751 1759 28 0 0 1705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738 -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 1712 Grove Drive Across the street, to the east of the subject property South of the subject propertyNorth of the subject property View looking northerly along Grove DriveView looking southerly along Grove Drivegyggyg ANX2014-10021 Mike and Kathryn Lohmeyer 1712 Grove Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-02007 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court; and pass Ordinances 8874-16, 8875-16 and 8876-16 on first reading. (ANX2016-02007) SUMMARY: This voluntary annexation petition involves a 0.233-acre property consisting of one parcel of land occupied by a single -family dwelling. It is located on the north side of Grove Circle Court, approximately 170 feet west of North Highland Avenue . The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to city sewer as part of the Grove Circle Court Sewer Expansion Project. The property is contiguous to existing city boundaries to the east and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City ’s sanitary sewer service when it is available, and is aware of the sewer impact fee that must be paid in full in order to connect, as well as the financial incentives available . The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the Page 1 City of Clearwater Printed on 4/15/2016 File Number: ANX2016-02007 annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to the existing City boundaries to the east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8874-16 ORDINANCE NO. 8874-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; (ANX2016-02007) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8874-16 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 PROPOSED ANNEXATION Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60 60 60 60 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 60 60 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WE S T O N D R 1472 1461 1706 1507 1466 1459 1745 1506 1608 1507 1 4 5 5 1473 1604 1485 1480 1484 1525 1629 1 4 6 0 1474 1 4 5 2 1607 1740 1611 1718 1722 1513 1625 1453 1700 1490 1471 1519 1465 1711 1512 1460 1479 1731 1512 1491 1467 1617 1519 1606 1720 1454 1507 1487 1519 1518 1506 1488 1513 1518 1721 1513 1623 14781466 1619 1741 1615 1484 1627 1621 1705 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Ordinance No. 8875-16 ORDINANCE NO. 8875-16 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 PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-02007) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8874-16. Ordinance No. 8875-16 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 FUTURE LAND USE MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60 60 60 60 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 60 60 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C I RL I CG RU RU RU RU RU RU RU N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WE S T O N D R 1472 1461 1706 1466 1459 1745 1506 1608 1507 1473 1604 1485 1480 1484 1525 1629 1 4 6 0 1474 1 4 5 2 1607 1740 1611 1718 1513 1625 1453 1700 1490 1471 1519 1711 1512 1479 1512 1491 1467 1617 1519 1606 1454 1507 1487 1519 1518 1506 1488 1513 1518 1721 1513 1623 15071455 1722 14781466 1465 1460 1731 1619 1720 1741 1615 1484 1627 1621 1705 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Ordinance No. 8876-16 ORDINANCE NO. 8876 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8874-16. Property Zoning District Lot 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-02007) Ordinance No. 8876-16 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 ZONING MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60 60 60 60 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 60 60 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WE S T O N D R I LMDR C I 1472 1461 1706 1507 1466 1459 1745 1506 1608 1507 1 4 5 5 1473 1604 1485 1480 1484 1525 1629 1 4 6 0 1474 1 4 5 2 1607 1740 1611 1718 1722 1513 1625 1453 1700 1490 1471 1519 1465 1711 1512 1460 1479 1731 1512 1491 1467 1617 1519 1606 1720 1454 1507 1487 1519 1518 1506 1488 1513 1518 1721 1513 1623 14781466 1619 1741 1615 1484 1627 1621 1705 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Location.docx LOCATION MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR KINGS HWY N HIGHLAND AVE F L A G L E R D R OTTEN ST SANDY LN LINWOOD DR GREENLEA DR FAIRMONT ST GENTRY ST CARLOS AVE WOOD AVE CROWN ST WESTON DR BARBARA AVE SCOTT ST ROSEMONT DR SHERWOOD ST WOODBINE ST PARKWOOD ST SPRINGDALE ST CAROLYN LN EA S T D R BENTLEY ST WE S T D R GROVE CIRCLE CT PA M E L I A D R HEAVEN SENT LN SANDY LN -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR N HIGHLAND AVE N HIGHLAND AVE FAIRMONT ST FAIRMONT ST SANDY LN SANDY LN LINWOOD DR LINWOOD DR GROVE CIRCLE CT GROVE CIRCLE CT ROSEMONT DR ROSEMONT DR WE S T O N D R WE S T O N D R CARLOS AVE CARLOS AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60 60 60 60 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 60 60 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WE S T O N D R 1472 1461 1706 1507 1466 1459 1745 1506 1608 1507 1 4 5 5 1473 1604 1485 1480 1484 1525 1629 1 4 6 0 1474 1 4 5 2 1607 1740 1611 1718 1722 1513 1625 1453 1700 1490 1471 1519 1465 1711 1512 1460 1479 1731 1512 1491 1467 1617 1519 1606 1720 1454 1507 1487 1519 1518 1506 1488 1513 1518 1721 1513 1623 14781466 1619 1741 1615 1484 1627 1621 1705 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Commercial Place of Worship Place of Worship Single Family Residential View looking north at the subject property, 1484 Grove Circle Ct.Across the street, south of the subject property East of the subject propertyWest of the subject property ANX2016-01007 Diana L. Turner 1484 Grove Circle Court View looking easterly along Grove Circle Ct.View looking westerly along Grove Circle Ct. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: DVA2010-06001 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended; and adopt Resolution 16-05. SUMMARY: Clearwater Christian College Private School, Inc., the property owner, previously requested amendments to the City’s Future Land Use Map and Zoning Atlas, which were approved by City Council in October 2010 (LUZ2010-06002). The 2010 amendments increased the amount of area designated Institutional (I) on the City’s Future Land Use Map and Zoning Atlas (expanded Institutional area) in order to accommodate growth of the college. Concurrent with the map amendments, City Council also approved a development agreement, which establishes a master plan for the developed portion of the property, and sets forth certain encumbrances as outlined below (DVA2010-06001, as amended). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 to receive such approval. The City has entered into contract negotiations to purchase approximately 111 acres of property from Clearwater Christian College, including a large portion, which is governed by the Development Agreement, as amended. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land. Additionally, the purchase contract is subject to the termination of the development agreement. Key provisions of the agreement, as amended, are highlighted below: Page 1 City of Clearwater Printed on 4/15/2016 File Number: DVA2010-06001 ·Establishes a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres); ·Restricts development of the property to a maximum of 750 dormitory beds and a maximum FAR of 0.169; ·Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; ·Requires the City to process the amendments to the future land use map and zoning designations under LUZ2010-06002; and ·Requires that, in the event of termination, the property be returned to its current future land use map and zoning designations (prior to LUZ2010-06002) Termination of a Development Agreement: The City of Clearwater and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land, pursuant to section 163.3237, Florida Statutes. The Community Development Board will review the proposed termination at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Resolution No. 16-05 RESOLUTION NO. 16-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING TERMINATION OF A DEVELOPMENT AGREEMENT AND THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (COLLECTIVELY “THE AGREEMENT”) BETWEEN THE CITY OF CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE SCHOOL, INC., A FLORIDA NON-PROFIT CORPORATION, AND ITS SUCCESSORS, AND AUTHORIZING APPROPRIATE OFFICALS TO EXECUTE SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Development Agreement with Clearwater Christian Private School, Inc. (hereinafter “Clearwater Christian”), a Florida Non-Profit Corporation, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida concerning the development of 131.05 acres owned by Clearwater Christian (the Development Agreement is attached hereto as Exhibit A); and WHEREAS, the Development Agreement was amended by the First Amendment to Development Agreement, dated October 27, 2010, recorded in O.R. Book 17078, Page 179, Public Records of Pinellas County, Florida (the First Amendment to Development Agreement is attached hereto as Exhibit B); and WHEREAS, the City and Clearwater Christian mutually agree to a termination of the Agreement, pursuant to section 163.3237, Florida Statutes (the Termination is attached as Exhibit C); and WHERAS, the termination is contingent upon the City’s purchase of a portion of the Clearwater Christian property, as more particularly described in Exhibit D. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Agreement between the City of Clearwater and Clearwater Christian, which is attached as Exhibits A and B, is to be terminated, contingent upon the closing of the City’s purchase of a portion of Clearwater Christian’s property, as more particularly described in Exhibit D. Section2. Hereby authorizes appropriate officials to execute the Termination of Development Agreement, as amended, which is attached as Exhibit C. 2 Resolution No. 16-05 Section 3. This resolution shall take effect immediately. PASSED AND ADOPTED this _______ day of _____________, 2016. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A Resolution No. 16-05 Exhibit A This instrument was prepared by and return to Katherine E Cole Esquire Johnson Pope Bokor Ruppel Burns LLP P o Box 1368 Clearwater FL 337571368 KEN BURKE CLERK OF COURT PINELLAS COUNTY FLORIDA INST 2010311777 111032010 at 0317 PM OFF REC BK 17078 PG 179197 DocTypeAGMRECORDING 16300 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Amendment is entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INC a Florida nonprofit corporation its successors and assignscollectivelytheDeveloperwhoseaddressis3100GulftoBayBoulevardClearwaterFlorida33759andTHECITYOFCLEARWATERFLORIDAa municipality of the State of Florida acting through its City Council the governing bodythereoftheCitywhoseaddressis112SouthOsceolaAvenueClearwaterFlorida 33756 WITNESSETH WHEREAS the City and Developer entered into a Development AgreementdatedAugust122010recordedinORBook17005Page630PublicRecordsofPinellasCountyFloridaAgreementconcerning13105acresofpropertymore particularly described therein the Property WHEREAS Section 51 of the Agreement provides that the Agreement shall not be effective untilfinal approval and effectiveness of certain zoning designations andfuturelandusemapdesignationsfortheProperty WHEREAS Section 614 of the Agreement provides for the establishment of a Conservation Easement WHEREAS Section 6131 of the Agreement provides that the Property must be developed in substantial conformance with a Master Plan WHEREAS during the approval process the proposed area of the land use planandzoningchangeswasmodifiedwhichresultedinchangestotheMitigationAreatheMasterPlanAreatheMasterPlanandtheproposedconservationeasementarea WHEREAS the parties have agreed to certain revisions to the Agreement to incorporate these changes Resolution No. 16-05 Exhibit B WHEREAS the City has conducted such hearings as are required by and in accordance with Chapter 1633220 et seq Fla Stat and applicable law WHEREAS the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the Citys Comprehensive Plan and Land Development Regulations WHEREAS at a duly called public meeting on October 21 2010 the City Council approved this Amendment and authorized and directed its execution by the appropriate officials of the City and WHEREAS Developer has approved this Amendment and has duly authorized the undersigned individual to execute this Amendment on Developersbehalf NOW THEREFORE in consideration of the mutual promises and covenants contained herein the partieshereby agree as follows Section 1 Recitals The above recitals are true and correct and are a part of this Agreement Section 2 Capitalized Terms Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement Section 3 Amendment to A rg eement The Agreement is amended as follows 31 Allreferences in the Agreement to the Mitigation Area shall refer to 1025 acres 32 Notwithstanding any references in the Agreement to the contrary the Developer has requested a future land use map amendment resulting in a change of approximately 1299 acres molofthe Property 33 Exhibit A to the Agreement Legal Description of Master Plan Area and Mitigation Area is hereby deleted and replaced with the Revised Exhibit A attached to this Amendment 34 Exhibit B to the Agreement the Master Plan is hereby deleted and replaced with the Revised Exhibit B attached to this Amendment 35 Exhibit C to the Agreement Mitigation Narrative is hereby deleted and replaced with the Revised Exhibit C attached to this Amendment 36 Exhibit D to the Agreement the Project Future Land Use and Zoning Maps is hereby deleted and replaced withRevised Exhibit D attached to this Amendment 37 Section 42 of the Agreement is hereby amended to read 2 Resolution No. 16-05 Exhibit B The Project shall include 667 parking spaces as shown on the Master Plan attached where 386 are existing today 38 Section 43 of the Agreement is hereby amended to read The proposed floor area ratio on the Master Plan Area shall not exceed 169 nonresidential area and the proposed density shall not exceed 750 dormitory beds including use of the multiplier of 3 beds per unit Residential Equivalent Use and the transfer of development rights described in Section 6139 of this Agreement The proposed height of the Master Plan buildings as defined in the Code is a maximum of 50 feet There is no proposed development on the Mitigation Plan Area 39 Section 6135 of the Agreement is hereby amended to read The residential density shall be limited to 750 beds including the use of the Institutional density of 125 dwelling units per acre the Residential Equivalent Use of 3 beds per dwelling unit pursuant to the Pinellas Planning Council Countywide Rules and the transfer of development rights described in Section 6139 of this Agreement 310 The following Section 6139 is hereby added to the Agreement 6139 Developer and City desire to transfer development rights comprised of residential dwelling units and nonresidential densitycurrently allocated to portions of the Mitigation Area Sender Site which are to be used in connection with the development of the Master Plan Area Receiver Site in accordance with Division 14 Article 4 of the Clearwater Community Development Code The Developer shall submit and the City shall process an application seeking approval of such transfer of development rights as required by Code TDR Application In the event of any Code amendment occurring prior to submittal and final approval of the TDR Application City agrees that the TDR Application Master Plan and this Agreement shall not be impacted by such Code amendment 311 Section 6136 of the Agreement is hereby amended to read 6136 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater and included in the Developers published Safety Manual All students faculty and staff shall receive a copy of such plan at the beginning of each school semester Developer agrees to close and vacate all persons except for emergency personnel required to secure and protect the facilities from the Property as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes the Property All dormitory construction shall meet Florida Building Code standards for 3 Resolution No. 16-05 Exhibit B construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property 312 Section 52 of the Agreement is hereby amended to read 52 Within fourteen 14 days after the City approves the execution of this Agreement the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County The Developer shall pay the cost of such recording The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen 14 days after the Agreement is recorded In the event that the contingencies described in Section 512 Section 513 and Section 514 above are not satisfied within twelve 12 months from the date hereof the City and Developer agree to execute and deliver a termination of this Agreement recordable form which shall be recorded in the Public Records of Pinellas County Florida at the expense of the Developer Notwithstanding the foregoing Developer may request two extensions of time via the Community Development Coordinator for the completion of these contingencies for no more than twelve additional months each All time periods set forth in this Section 5 shall be automatically extended for a period of time equal to that required to pursue any administrative challenge to or litigation regarding any approval by a local state or federal permitting agency including any appellate proceedings arising therefrom Section 4 Ratification Except as modified herein the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties Section 5 Effective Date As provided in 1633239 Florida Statutes 2010 this Amendment will become effective after being recorded in the Public Records of Pinellas County Florida and 30 days after having been received by the state land planning agency 4 Resolution No. 16-05 Exhibit B IN WITNESS WHEREOF the parties hereto have set their hands and their respective seals affixed as of this 47 day ofa 17A 2010 Countersigned CITY OF CLEARWATER FLORIDA y By Usl Frank V Hibbard William B Horne 11 Mayor City Manager Approved as to form Attest DeGrr I Iler I 2ZIY0A Leslie DougallSde Rosemarie cail i Assistant City Attorney City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of r41 2 2010 by FRANK V HIBBARD Mayor of the City of Clearwater who is personally known to me uOL PrintType Name i f AVV NotarPublic DIANE E MANNI MY COMMISSION DD952018 STATE OF FLORIDA EXPIRES March 06 2014 COUNTY OF PINELLAS 4073980153 FloddaNotaryServicecom The foregoing instrument was acknowledged before me this Z 4 day of 2010 by WILLIAM B HORNE II City Manager of the City of Clearwater who is personally known to me PrintType Name e 25 IAan Notary Public DIANE E MANNI MY COMMISSION DD952018 EXPIRES March 06 2014 407 398 0163 FlorideNotaryServlcecom 5 Resolution No. 16-05 Exhibit B Witnesses Signat e Reffianj Print Name Amnllnpf Signature 51 Print Name STATE OF FLORIDA COUNTY OF PINELLAS CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INC a Florida Non profit corporation By R4r4l 1 Randy ivingston Vice President for Financial Affairs The foregoing instrument was acknowledged before me this IS day of O r 2010 by Randy Livingston as Vice President for Financial Affairs of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INC a Florida non profit corporation on behalf of the corporation He is personally known to me or produced as identification leY PUBe c MY CO MrISSION ADD 72M EXPIRES February 18 2012 lTFOFFOe Bonded Tft Budget Nolary Services NOTA PUBLIC Printed ame lr SMi Commission No jp 1 a 30 My Commission expires a a 539448 v 1 CCC1Amend to Dev Agt Resolution No. 16-05 Exhibit B Revised Effbit A Pace 1 of 6 MusterPlan Area LEGENDIABBREVL477ONS SKETCH AND LEGAL LB LICENSED BUSINESS DESCF1Fn0N RW RIGHT OF WAY PGP PAGE ORB OFFICIAL RECORDS BOOK NORTH 0 200400 THIS SPACE RESERVED FOR i j RECORDING INFORMATION GRAPHIC SCALE w m I W T Y 1 I hNa 1 f 0 EASTERLY PROJECTION W E n OF THE NORTHERLY LINE THE NORTH 12 OF THE NE 14 OF GOVT LOT 4 SEC 16 TWP 29 S RGE 16 E RAD 2500 ARC 3746 n C4 CH 3405 CHB 5681301E RAD 2500 DELTA 855105 W ARC 3924 3435C 45AHC3CHBN195343E4A0C4 o m13DELTA8956 i o V lC3p D 7 w J 7 O W a 0 m d GOVT LOT 1 pOAJ1 W z z OLD TAMPA BAY Uj a W a I v GOVT LOT 3 I GOVT LOT 4 I 21L55 ACRES MORE OR LESS I V I I T RAD 547583 IO ARC 15000 I nU Mom yF aq EASTER C2 H 15000 MoTRACTPER1CHBN832238EI ORB 16135 PG 2664 DELTA 013410 I C2 LZ O i I 8Zia TIWr3534WW iSB2 In RW C1 v 60STATERABLVD RAD 552583 MLFTO CAUSEWAYARC15137CWIRTHEYCAMCBEY C1 CH 15136 DAVIS POINT OF BEGINNING CHB S83 2238W DELTA 013410 FOR GEOMETRY LINE TABLES AND NOTES SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION SIGNATURE AND SEAL SEE SHEET 3 OF 3 WADE TRIM SKETCH DESCRIPTION A WADE TRIM COMPANY CIVIL ENGINEERING LANO SURVEYING SINCE 1976 DATE OCTOBER 5 2010 1410 LPGA Blvd Suite 148 Daytona Bead FL 32117 ZZZ229009M L8 12232 7565 Phone 3862741600 Fax 3862741602 DEV AREA 2855DWG SHEET 1 OF 3 1 400 Resolution No. 16-05 Exhibit B Revised Exhibit A Page 2 of 6 A Resolution No. 16-05 Exhibit B Revised Exhibit A Page 3 of G SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1 SECTION 15 TOWNSHIP 29 SOUTH RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4 SECTION 15 TOWNSHIP 29 SOUTH RANGE 16 EAST AND THE NORTH OF THE NORTHEAST X OF SAID SECTION 16 PINELLAS COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS WITH THE NORTHERLY RIGHTOFWAYLINE OF STATE ROAD 60 ALSO KNOWN AS GULFTOBAYBOULEVARD COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY FOR A POINT OF BEGINNING THENCE S823534WALONG SAID NORTHERLY RIGHTOFWAYLINE FOR A DISTANCE OF 82846 FEET TO A POINT OFCURVATURE THENCE ALONG SAID CURVE TO THE 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RADIUS OF 2500 FEET AN ARC LENGTH OF 3924 FEET A CENTRAL ANGLE OF 895613 A CHORD BEARING OF N195343EAND A CHORD DISTANCE OF 3534 FEET TO A POINT OF TANGENCY THENCE N645149E FOR A DISTANCE OF 4165 FEET THENCE N550203E FOR A DISTANCE OF 6106 FEET THENCE N611438EFOR A DISTANCE OF 5220 FEET THENCE N634938E FOR A DISTANCE OF 37844 FEET THENCE N702220EFOR A DISTANCE OF 9252 FEET THENCE N6875127E FOR A DISTANCE OF 10470 FEET TO A POINT OF CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUSOF 2500 FEET AN ARCLENGTH OF 3746 FEET A CENTRAL ANGLE OF 855105 A CHORD BEARING OF S6813011 AND A CHORD DISTANCE OF 3405 FEET TO POINT OF TANGENCY THENCE S251728EFOR A DISTANCE OF 6157 FEET THENCE N361B39EFOR A DISTANCE OF 4081 FEET THENCE N2955I5EFOR A DISTANCE OF 1977 FEET THENCE N665831T FOR A DISTANCE OF 1851 FEET THENCE S854335E FOR A DISTANCE OF 2781 FEET THENCE N715513E FOR A DISTANCE OF 2466 FEET THENCE N520600E FOR A DISTANCE OF 3063 FEET THENCE SOW4920EFOR A DISTANCE OF 20474 FEET THENCE N621350E FOR A DISTANCE OF 909 FEET THENCE N214643E FOR A DISTANCE OF 2632 FEET THENCE N343833WFOR A DISTANCE OF 2803 FEET THENCE N404536WFOR A DISTANCE OF 3550 FEET THENCE 5854057111FOR A DISTANCE OF 4745 FEET THENCE N424716WFOR A DISTANCE OF 1754 FEET THENCE N212023E FOR A DISTANCE OF 1180 FEET THENCE N890803EFOR A DISTANCE OF 2376 FEET THENCE N472636E FOR A DISTANCE OF 950FEET THENCE N062213EFOR A DISTANCE OF 2747 FEET THENCE N782527E FOR A DISTANCE OF 2262 FEET THENCE N46S113EFOR A DISTANCE OF 1418 FEET THENCE S495547EFOR A DISTANCE OF 2043 FEET THENCE S234633EFOR A DISTANCE OF 2583 FEET THENCE N71OW46E FOR A DISTANCE OF 5643 FEET THENCE S385230EFOR A DISTANCE OF 938 FEET THENCE S670516EFOR A DISTANCE OF 2428 FEET THENCE N330717E FOR A DISTANCE OF 2429 FEET THENCE 5690502EFOR A DISTANCE OF 21170 FEET THENCE S240840E FOR A DISTANCE OF 3096 FEET THENCE S201644EFOR A DISTANCE OF 864FEET THENCE S875035WFOR A DISTANCE OF 1151 FEET THENCE S264W43WFOR A DISTANCE OF 1946 FEET THENCE S232549WFOR A DISTANCE OF 1913 FEET THENCE S112343EFOR A DISTANCE OF 2418 FEET THENCE N491146EFOR A DISTANCE OF 1783 FEET THENCE NSn936E FOR A DISTANCE OF 3497 FEET TO THE EAST LINE OF SAID SECTION 15 TOWNSHIP 29 SOUTH RANGE 16 EAST THENCE SOO0000W ALONG SAIDSECTION LINE FOR A DISTANCE OF 27989 FEET TOTHE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4 THENCE DEPARTING SAID SECTION LINE S893050EALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 52451 FEET TOTHE DEEP WATER CHANNEL OF TAMPA BAY THENCEDEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO 2 COURSES 1 THENCE S437349WFOR A DISTANCE OF 76140 FEET 2 THENCE 5443851W FOR A DISTANCE OF 49096 FEET TOTHE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION THE ABOVE DESCRIBED PARCEL CONTAINS 2855 ACRES MORE OR LESS I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDSASSET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J17050 THRU 17052 FLORIDA ADL41NISTRA17VE CODE KENNETH J KUHAR FLORIDA PROFESSIONAL SURVEYORIWPPER 16105 WADE TRIM SKETCH DESCRIPTION CIVILENGINEERING LAND SURVEYING SINCE 1976 DATE OCTOBER 5 2010 1410 IPGA Blvd Suite 148 Daytona Beach FL 31117 ZZZ229009M LB 12232 17565 Phone 3862741600 Fox 3862741602 DEV AREA 2855DWG SHEET 3 OF 3 KJK Resolution No. 16-05 Exhibit B Revised Exhibit A Page 4 of 6 Mitigation Area SKETCH AND LEGENVABBRE4477ONS LEGAL DESCRIPTION LB LICENSED BUSINESS NORTH RW RIGHT OF WAY 0200400 PGP PAGE THIS SPACE RESERVED FOR i I ORB OFFICIAL RECORDS BOOK RECORDINGINFORMATION GRAPHIC SCALE S524138W N 893251W NORTH LINE OF SEC 16T29SR16E N893251W S52C5 RAD 41831 213642 7ARC 20837 CH 20622 w CHB S382525W DELTAR 283227 THE NORTH 12 OF THE NE 14 p q RAD 26831 SEC 16 TWP 29 S RGE16 E Q v m ARC 24390 o CH 23559 B S2639 08 W 520459DELTA i 10250 ACRES 4 MORE OR LESS RAD 2500 a ARC 3746 C4 CH 3405 CH9 S681301E e RAD 2500 DELTA 855105 w rr 3 ARC 3924 1 405 i r C3 CH 3534 QIZuiRAD547583CHBN195343EX40C4 ao rn ARC 15000 DELTA 895613 Gr Lj o M C2 CH 15000 qrnCHBN832238E UDELTA013410C3 m 1RAD552583 GOVT ARC 15137 CLEARWATER LOT 1 C1 CH 15136 GOVT LOT 3 I GOVT LOT 4 n CHRISTIAN CHB 5832238W I COLLEGE DELTA 013410 5892257E 34466 I I TAMPA BAY f I POINT OF BEGINNING Qya4 I v v I rn PyPtiU EASTER o I y O TRACT PER ia v r m ORB 16135 PG 2664 1D Ao s C2 tD m m C7 rSB23534W v 1 RW C1 82846 STATE ROAD 60 O RAD 552583 f GULFTO CAUSEWAY ARC 48801 COURTNEY CAMPBELL WAY POINT OF REFERENCE CH 48785 DAMS CAUSE CHB N864132E DELTA 050336 FOR GEOMETRY LINE TABLES AND NOTES SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION SIGNATURE AND SEAL SEE SHEET 3 OF 3 WADE TRIM SKETCH DESCRIPTION A WADE TRI11 COMPANY CIIAL ENGINEERING LAND St1RVEMNG SINCE 1976 DATE OCTOBER 5 2010 410 LPGA Blvd Suite 148 Daytona Beach FL 32117 MIT AREA LB 2232 17565 Phone 38627416M Fax 3862741602 10250DWG SHEET 1 OF 3T 1 400 Resolution No. 16-05 Exhibit B Devised Exhibit A Page 5 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING Ll 5000 N055016W L2 7589 N823534E L3 1760 N182535E L4 1175 N661036W L5 3690 N072444E L6 3457 N274629E L7 2614 N220603E L8 2103 S852749E 19 4705 N002232W 110 1017 N760309W Lll 4943 N091450W L12 4913 N215104W L13 1555 N614536W L14 3676 N394821W L15 3804 N035129E L16 3977 N0101261W L17 2262 N391416W Lis 668 N020150E L19 2183 N480704E L20 2122 N234308W L21 1715 N601320E L22 1005 N064231E L23 1311 N412906W L24 2574 N452231E L25 2382 N631848E L26 4994 N535507E L27 5685 N001634W L28 18068 N894326E L29 10799 N001634W L30 1799 N894326E L31 6866 NOO5649W L32 7174 N140029W L33 3135 N141349W L34 14853 N250424W L35 4765 N645149E L36 6106 N550203E L37 5220 N611438E L38 3784 N634928E L39 9252 N702220E THIS SPACE RESERVED FOR RECORDINGINFORMATION L40 10472 N685127E L41 6357 S251728E L42 4081 N361839E L43 1977 N295515E L44 1851 N665B31E L45 2781 S854335E L46 2466 N715513E L47 3063 N520600E L48 20474 S894920E L49 909 N621350E 150 2632 N214643E L51 2803 N343833W L52 3660 N404536W L53 4745 S854057W L54 1754 N424716W L55 11180 N212023E L56 2376 N890803E L57 950 N472636E L59 2747 N062213E L59 2262 N782527E L60 1418 N465113E L61 2043 S495547E L62 2583 S234633E L63 5643 N710546E L64 936 S385230E 165 2428 S670516E L66 2429 N330717E L67 2870 S690502E L68 3096 S240840E L69 864 S201644E L70 1151 S875035W L71 1946 S264843W L72 1913 S232549W 173 2418 S112343E L74 1783 N49ll46E L75 3497 N82S936E SURVEYORS NOTM 1 BASIS OF BEARINGS ASSUMED WITH ME NORTHERLY LINE OF STATE ROAD 60 AS SHOWN BEING S823534W 2 THERE MAY BE EASEMENTSAND OTHER ITEMS OF RECORD NOT SHOWN HERECW NO TITLE WORK FURNISHED 3 THIS IS A GRAPHIC ILLUSTRAnON FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DEPICT A FIELD SURVEY 4 THIS IS NOT A UOUNDARY SURVEY WADE TRIMINCIVILENGINEERINGLANDSURVEYINGSINCE 1976 1410IPGA Blvd Site 148 Daytona Beach FL 32117 LB 42232 7565 Phones 3862741600 For 3862741602 SKETCH DESCRIPTION DATE OCTOBER 5 2010 MIT AREA 10250DWG SHEET 2 OF 3 KJK Resolution No. 16-05 Exhibit B Revised Exhibit A Page 6 of 6 SKETCH AND LEGAL DESCRIPTION I THIS SPACE RESERVED FOR LEGAL DESCRIPTION RECORDING INFORMATION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4 SECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST AND THE NORTH A OF THE NORTHEAST 14 OF SAID SECTION 16 PINELLAS COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS WITH THE NORTHERLY RIGHTOFWAYLINE OF STATE ROAD 60 ALSO KNOWN AS GULFTOBAYBOULEVARD COURTNEY CAMPBELL CAUSEWAY AND DAMS CAUSEWAY FOR A POINT OFREFERENCE THENCE S823534WALONG SAID NORTHERLY RIGHTOFWAYLINE FOR A DISTANCE OF 82846 FEETTO A POINT OFCURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 552583 FEET AN ARCLENGTH OF 15137 FEET A CENTRAL ANGLE OF 013410 A CHORD BEARING OF S832238WAND A CHORD DISTANCE OF 15136 FEET TOTHE POINT OF BEGINNING OF THIS DESCRIPTION THENCE DEPARTING SAID NORTHERLY RIGHTOFWAYLINE N055016WFOR A DISTANCE OF 5000 FEETTO A NONTANGENT CURVE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUSOF 547583 FEET AN ARC LENGTH OF 15000 FEET A CENTRAL ANGLE OF 013410 A CHORD BEARING OF N632238E AND A CHORD DISTANCE OF 15000 FEETTO A POINT OF TANGENCY THENCE N823W34E FOR A DISTANCE OF 7589 FEET THENCE N182535EFOR A DISTANCE OF 1760 FEET THENCE N66IW36WFOR A DISTANCE OF 1175 FEET THENCE N072444EFOR A DISTANCE OF 3690 FEET THENCE N274629EFOR A DISTANCE OF 3457 FEET THENCE N220603EFOR A DISTANCE OF 2614 FEET THENCE S85 2749E FOR A DISTANCE OF 2103 FEET THENCE NOO2232WFOR A DISTANCE OF 4705 FEET THENCE N760309WFOR A DISTANCE OF 1017 FEET THENCE N0914S01N FOR A DISTANCE OF 4943 FEET THENCE N215104WFOR A DISTANCE OF 4913 FEET THENCE 14614536WFOR A DISTANCE OF 1555 FEET THENCE N394821WFOR A DISTANCE OF 3676 FEET THENCE ND35129EFOR A DISTANCE OF 3804 FEET THENCE N010126WFOR A DISTANCE OF 3977 FEET THENCE N391416WFOR A DISTANCE OF 2252 FEET THENCE N020150E FOR A DISTANCE OF 668FEET THENCE N480704 E FOR A DISTANCE OF 2183 FEET THENCE N234308WFOR A DISTANCE OF 2322 FEET THENCE N6013201 FOR A DISTANCE OF 1715 FEET THENCE N064231E FOR A DISTANCE OF 1005 FEET THENCE N412906WFOR A DISTANCE OF 1311 FEET THENCE N452231EFOR A DISTANCE OF 2574 FEET THENCE N631848E FOR A DISTANCE OF 2382 FEET THENCE N53S507EFOR A DISTANCE OF 4994 FEET THENCE NOOIS34WFOR A DISTANCE OF 5685 FEET THENCE N894326E FOR A DISTANCE OF 16068 FEET THENCE NOO1634WFOR A DISTANCE OF 10799 FEET THENCE N894328EFOR A DISTANCE OF 1799 FEET THENCE NOOS649WFOR A DISTANCE OF 6866 FEET THENCE N14VW29VIFOR A DISTANCE OF 7174 FEET THENCE N141349WFOR A DISTANCE OF 3135 FEET THENCE N250424WFOR A DISTANCE OF 14053 FEET TO A POINT OF CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUSOF 2500 FEET AN ARCLENGTH OF 3924 FEET A CENTRAL ANGLE OF 895613 A CHORD BEARING OF N195343E AND A CHORD DISTANCE OF 3534 FEET TO A POINT OF TANGENCY THENCE N645149EFOR A DISTANCE OF 4765 FEET THENCE N5502031 FOR A DISTANCEOF 6106 FEET THENCE N611438E FOR A DISTANCE OF 5220 FEET THENCE N634938E FOR A DISTANCE OF 3784 FEET THENCE N707220E FOR A DISTANCE OF 9252 FEET THENCE N685127E FOR A DISTANCE OF 10470 FEET TD A POINT OF CURVATURE THENCE ALONG SAID CURVE TOTHE RIGHT HAVING A RADIUS OF 2500 FEET AN ARC LENGTH OF 3746 FEET A CENTRAL ANGLE OF 855105 A CHORD BEARING OF S6813OVE ANDA CHORD DISTANCE OF 3405 FEET TO POINT OF TANGENCY THENCE 5259728E FOR A DISTANCE OF 6357 FEET THENCE N361839EFOR A DISTANCE OF 4081 FEET THENCE N295515 E FOR A DISTANCE OF 1977 FEET THENCE N665831EFOR A DISTANCE OF 1851 FEET THENCE SSS4335EFOR A DISTANCE OF 2781 FEET THENCE N715513E FOR A DISTANCE OF 2466 FEET THENCE N52O600EFOR A DISTANCE OF 3063 FEET THENCE S894920EFOR A DISTANCE OF 20474 FEET THENCE N621350E FOR A DISTANCE OF 909FEET THENCE N214643E FOR A DISTANCE OF 2632 FEET THENCE N343833WFOR A DISTANCE OF 2803 FEET THENCE N404536WFOR A DISTANCE OF 3660 FEET THENCE SBS4057WFOR A DISTANCE OF 4745 FEET THENCE N424716WFOR A DISTANCE OF 1754 FEET THENCE N212023E FOR A DISTANCE OF 1180 FEET THENCE N890803EFOR A DISTANCE OF 2376 FEET THENCE N47 26361FOR A DISTANCE OF 950FEET THENCE N062213E FOR A DISTANCE OF 2747 FEET THENCE N7825271 FOR A DISTANCE OF 2252 FEET THENCE N465113EFOR A DISTANCE OF 1418 FEET THENCE S495547E FOR A DISTANCE OF 2043 FEET THENCE S234633E FOR A DISTANCE OF 2583 FEET THENCE N7110546E FOR A DISTANCE OF 5643 FEET THENCE S385230EFOR A DISTANCE OF 936 FEET THENCE S670516E FOR A DISTANCE OF 2428 FEET THENCE N3307171E FOR A DISTANCE OF 2429 FEET THENCE S6905702EFOR A DISTANCE OF 2570 FEET THENCE S240840EFOR A DISTANCE OF 3096 FEET THENCE S201644EFOR A DISTANCE OF 864FEET THENCE S87S035WFOR A DISTANCE OF 1151 FEET THENCE S264W43WFOR A DISTANCE OF 1946 FEET THENCE S232549WFOR A DISTANCE OF 1913 FEET THENCE S1123431 FOR A DISTANCE OF 2418 FEET THENCE N491146EFOR A DISTANCE OF 1783 FEET THENCE N825936E FOR A DISTANCE OF 3497 FEET TO THE EAST LINE OF SAIDSECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST THENCE NOO00OOE ALONG SAID SECTIONLINE FOR A DISTANCE OF 104250 FEET TOTHE NORTH LINE OF SAID SECTION 16 THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N893251WFOR A DISTANCE OF 213642 FEETTO A NONTANGENT CURVE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 4131 FEET AN ARC LENGTH OF 2037 FEET A CENTRAL ANGLE OF 283227 A CHORD BEARING OF S382525WAND A CHORD DISTANCE OF 20822 FEET TO A POINT OF TANGENCY THENCE S524138WFOR A DISTANCE OF 9782 FEET THENCE N5W3251WFOR A DISTANCE OF 8165 FEET TO THE EASTERLY RIGHTOFWAYLINE OF BAYSHORE BOULEVARD A VARIABLE WIDTH RIGHTOFWAY THENCE ALONG SAID RIGHTOFWAYLINE S524201WFOR A DISTANCE OF 7301 FEET TO A POINT OFCURVATURE THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUSOF 26831 FEET AN ARC LENGTH OF 24390 FEET A CENTRAL ANGLE OF 520459 A CHORD BEARING OF S263908WAND A CHORD DISTANCE OF 23559 FEET TO A POINT OF TANGENCY THENCE SGO3703WFOR A DISTANCE OF 13755 FEETTO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT PER OFFICIAL RECORDS BOOK 16135 PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA THENCE DEPARTING SAID EASTERLY RIGHTOFWAYLINE S892257EALONG SAID NORTHERLY LINE FOR A DISTANCE OF 34466 FEET THENCE CONTINUEALONG THE BOUNDARY OF SAID EASTER TRACT S521203EFOR A DISTANCE OF 57280 FEET THENCE SOO464OEFOR A DISTANCE OF 19108 FEETTO THE NORTHERLY RIGHTOFWAYLINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NONTANGENT CURVE THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE ALONG SAID RIGHTOFWAYLINE AND SAID CURVE TOTHE LEFT HAVING A RADIUS OF 552563 FEET AN ARCLENGTH OF 48801 FEET A CENTRAL ANGLE OF 050338 A CHORD BEARING OF N864132E AND A CHORD DISTANCE Of 48785 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION THE ABOVE DESCRIBED PARCEL OF LANDCONTAINS 10250 ACRES MORE OR LESS I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA 6zL1 BOARD Of PROFESSIONAL LAND SURVEYORS PER CHAPTER KENNETH J KUHARSJ17050THRU17052FLORIDAADUFNISTRA71YECODEFLORIDAPROFESSIONAL SURVEYORMAPPER f6105 WADE TRIM SKETCH DESCRIPTION CIVIL ENGINEERING LAND SURVEYING SINCE 1976 DATE OCTOBER 5 2010 1410 LPGA Blvd Suite 148 Daytona Beach FL 32117 MIT AREA LB 122J2 7565 Phone 3862741600 Fox 3862741602 10250OWG SHEET 3 OF 3 KJK Resolution No. 16-05 Exhibit B Revised Exhibit B Revised Master Plan Resolution No. 16-05 Exhibit B LEGEND vmmwceeueuse MuR erwap w 1 CLEARWATER CHRISTIAN COLLEGE EXISTING A PROPOSED iACILITIES ewrm vesm 6 w wee a xl nsm nave e o I I is MpSrtiW m p r p N a r a r I i waruv 7 LAND USE PLAN MAP AMENDMENTS LDNIAG CUSSIIGTUN WENpuEN15 Neu ro al nNN o nel rcm Ulu mro ascr 9e1 ro aea of mmnea N o s xn Eyo vrW o aw4m E c coU z DU a rt F b rt N Resolution No. 16-05 Exhibit B Revised Exhibit C Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in existing wetland areas pursuant to this Agreement state and federal permitting agency requirements Developer shall 1 Upgrade entire sites stormwater facilities within the Master Plan Area These upgrades will include but are not limited to Providing water quality treatment for the parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflowsdischarges and Eliminate frequent nuisance flooding within some of the parking area classroom and administration buildings 2 Make application to Southwest Florida Water Management District SWFWMD and US Army Corps of Engineers USACOE for approval of the Mitigation Bank within 60 days of final approval by the City of thisAmendment The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin The credits will be derived not from the creation of new mangrove area where none currently exists but restoration of existing mangrove habitat that depending on location is moderately to severelyimpacted by sedimentation mosquito ditch dredging and spoiling and loss of adequate daily tidalflow from Tampa Bay and Coopers Bayou The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road removing sediment and muck and sculpting thesides and bottoms of select mosquito ditches creating a branching system of tidal creeks that improves ambient water quality and ecological habitat Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway and improving the flow characteristics within the mangrove by demucking widening and creating a branching tidal creek system within the mangroves The Mitigation Bank shall be approved in accordance with Fla Stat 3734136 et seq as amended and Rule 62 342 FAC The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements 3 Place a conservation easement over the Mitigation Area in conjunction with city state and federal permitting In the event the state and federal agencies approve the Mitigation Bank upon exhaustion of all mitigation credits created by the Mitigation Bank Developer shall actively seek to transfer the Mitigation Area to the City or in the Resolution No. 16-05 Exhibit B event the City does not wish to take ownership of the Mitigation Area to another government or conservation organization in fee simple for the purpose of expanding the Coopers PointNature Park recreation area subject to approval of the USACOF and SWFWMD 4 In the event the state and federal agencies do not approve the Mitigation Bank or in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable Developer agrees to proceed with individual mitigation projects as permitted by the State Such activities may include a Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove b Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow andor ecological habitat c Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologiccharacteristics 2 Resolution No. 16-05 Exhibit B Revised Exhibit D Revised Future Land Use Map Revised Future Zoning Map Amendment to Development Agreement Page 3 ADOPTED Resolution No. 16-05 Exhibit B Revised Exhibit D Revised Future Land Use Map l a tY lis sCDL6 I 11 11111a I f tF1 a 5 ytY if r 13 1 1 e Resolution No. 16-05 Exhibit B Revised Exhibit D Revised future Zoning Map 3 IG011 II I I I 1 t 4 V U G r U F drSi Ay v VVWSS r 7 Y 3 If A 7 y 08tT f TT I I 4t t ttTc 1 y i 3 l j 1 1i n y 41 x r ty c f fafi Mr r Qirikc 7 e Resolution No. 16-05 Exhibit B TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT AS AMENDED THIS TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT AS AMENDED (the “Termination”) is made on the __ day of ________________ 2016, by Clearwater Christian College Private School, Inc., a Florida non-profit corporation, its successors and assigns (collectively the “Developer” or “Owner”), whose address is 3400 Gulf to Bay Boulevard, Clearwater, Florida 33759, and the CITY OF CLEARWATER, a municipal corporation (the “City”), whose address is 112 S. Osceola Avenue, Clearwater, Florida 33756. RECITALS WHEREAS, as an apparent condition to approval for the development of the real property described in Exhibit 1 attached hereto (the “Property”), the Owner and City entered into that certain Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida, which was amended by the First Amendment to Development Agreement, dated October 27, 2010, recorded in O.R. Book 17078, Page 179, Public Records of Pinellas County, Florida, (collectively “the Agreement”); and WHEREAS, the Agreement runs with the land, and is binding on successive owners; and WHEREAS, the City and Clearwater Christian mutually agree to a termination of the Agreement, pursuant to section 163.3237, Florida Statutes; and WHEREAS, the City Council held a public hearing on _____________, 2016, and thereby passed Resolution 16-05 consenting to the termination and release of the Agreement, contingent upon the City’s purchase of a portion of the Clearwater Christian property, as described in Exhibit D of Resolution 16-05; . NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City terminates the Agreement and hereby releases the Property described in Exhibit “1” from all terms, conditions, agreements and covenants contained in the Agreement, including, without limitation, the restrictions on the development of the Property as contained in Paragraph 6.1.3 of the Agreement, contingent upon the City’s purchase of a portion of the Property. The City hereby affirms and agrees that: (a) no provision, term, covenant or condition in said Agreement, as amended, shall remain in effect after the date of acquisition by the City of a portion of the Property described in Exhibit D of Resolution 16-05; and (b) the City claims no right, title or interest in said Property or the improvements located thereon, pursuant to the Agreement, except for any portion of the Property acquired as contemplated hereunder and described in Exhibit D of Resolution 16-05. This Release is executed in favor of the Owner and may be relied on by the Owner and any successor to the Owner in title to the Property. THIS RELEASE has been executed as of the above-written date by the Owner and the City. Resolution No. 16-05 Exhibit C (SIGNATURE PAGE TO TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT, AS AMENDED) IN WITNESS WHEREOF, OWNER has executed this Agreement on the day and year first above written. Witnesses: ___________________________ Printed Name: _________________ ___________________________ Printed Name: _________________ OWNER: CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation By: __________________________ Printed Name: _________________ Title: _________________________ STATE OF FLORIDA COUNTY OF _________________ The foregoing instrument was acknowledged before me on _______________ 2016, by _________________, as __________________ of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, on behalf of such entity. Such person is personally known to me OR has produced a valid driver’s license as identification. _____________________________________ NOTARY PUBLIC – STATE OF FLORIDA My Commission Expires: Resolution No. 16-05 Exhibit C (SIGNATURE PAGE TO TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT, AS AMENDED) CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2016, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2016, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public My Commission Expires: Resolution No. 16-05 Exhibit C Cl Cl:'. � w _J ::i 0 (D w Cl:'. 0 � <( CD LEGEND/ABBREVIATIONS LB = ucrnsrn BUSINESS R/W = RIGHT OF WAY PG/P = PAGE Master Plan Area SKETCH AND LEGAL DESCRIPTION ORB = OFFICIAL RECORDS BOOK 0 NORTH 200 400 THIS SP ACE RESERVED FOR RECORDING INFORMATION EASTER TRACT PER ORB 16135, PG 2664 THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RGE 16 E C3 CH: 35.34' { RAD: 25.00' ARC: 39.24' GOVT LOT 3 CHB: N19'53'4J"E DELTA: 89'56'13" I ---- GOVT LOT 4 GRAPHIC SCALE I.LI "' L,. � 0 I U1 w 01 z N :J I- I I-�U1 EASTERLY PROJECTION <( u w w (/) OF THE NORTHERLY LINE --- OF GOVT LOT 4 C4 CH: 34.05' { RAD: 25.00' ARC: 37.46' CHB: S68'13 '01 "E DELTA: 85'51'05" 1'=> .v··';,.,,'-� i io � N I{) ),.I 0 I{) 0�"' co (/) TAMPA BAY \ POINT OF BEGINNING FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY -CIVIL ENGINEERING & LANO SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 LB #2232 #7565 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 Phone: 386-274-1600 Fox: 386-274-1602 ZZZ229009M DEV AREA 28.55.DWG SHEET 1 OF 3 1" = 400' _J w z z <( I u Cl:'. w I- 0... w w Cl EXHIBIT 1 Legal Description _,, SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING Ll 50.00 N05 °50'16"\./ L2 75.89 N82°35'34"E L3 17.60 Nl8°25'35"E L4 11.75 N66 °10'36"\./ L40 LS 36.90 N07'24'44"E L41 L6 34.57 N27' 46'29"E L42 L7 26.14 N22'06'03"E L43 LB 21.03 S85°27'49'E L44 L9 47.05 Noo·22'32'\./ L45 LIO 10.17 N76'03'09'\./ L46 Lll 49.43 N09'14'50'\./ L47 L12 49.13 N2l 051'04'\./ L48 Ll3 15.55 N61'45'36'\./ L49 Ll4 36.76 N39' 48'21 '\./ L50 L15 38.04 N03 °51 '29'E L51 Ll6 39.77 NOl 001'26"\./ L52 L17 22.62 N39'14'16'\./ L53 L18 6.68 N02'01'50'E L54 L19 21.83 N48'07'04'E L55 L20 23.22 N23'43'08'\./ L56 L21 17.15 N60'13'20'E L57 L22 10.05 N06'42'31'E L58 L23 13.11 N41 '29'06'\./ L59 L24 25.74 N45'22'31'E L60 L25 23.82 N63'18'48'E L61 L26 49.94 N53°55'07'E L62 L27 56.85 N00'16' 34 '\./ L63 L28 180.68 N89'43'26'E L64 L29 107.99 N00'16'34'\./ L65 L30 17.99 N89'43'26'E L66 L31 68.66 N00'56' 49'\./ L67 L32 71.74 N14 '00'29'\./ L68 L33 31.35 N14'13'49'\./ L69 L34 148.53 N25'04'24'\./ L70 L35 47.65 N64 '51' 49'E L71 L36 61.06 N55'02'03'E L72 L37 52.20 N61 '14'38'E L73 L38 37.84 N63' 49'28'E L74 L39 92.52 N70'22'20'E L75 SURVEYOR'S NOT£5: THIS SPACE RESERVED FOR RECORDING INFORMATION 104.72 N68 °51'27"E 63.57 s25•17•2s·E 40.81 N36'18'39'E 19.77 N29'55'15'E 18.51 N66 '58'31 'E 27.81 S85'43'35"E 24.66 N71 '55'13'E 30.63 N52'06'00'E 204.74 S89'49'20'E 9.09 N62 °13'50"E 26.32 N21' 46' 43'E 28.03 N34 °38'33"\./ 36.60 N40°45'36'\./ 47.45 S85 °40'57'\./ 17.54 N42' 4 7'16'\./ 11.80 N21 '20'23'E 23.76 N89'08'03'E 9.50 N4 7'26'36'E 27.47 N06'22'13'E 22.62 N78'25'27'E 14.18 N46'51'13'E 20.43 S49'55'47'E 25.83 S23'46'33'E 56.43 N71'05'46'E 9.36 S38'52'30'E 24.28 S67'05'16'E 24.29 N33'07'17'E 28.70 S69'05'02'E 30.96 S24'08'40'E 8.64 S20'16'44'E 11.51 S87'50'35'\./ 19.46 S26'48'43'\./ 19.13 S23'25' 49'\./ 24.18 S11'23'43'E 17.83 N49'11'46'E 34.97 N82'59'36'E 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82"J5'J4"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). J. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. It] WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 ZZZ229009M LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 2 OF 3 I KJK EXHIBIT 1 Legal Description LEGAL DESCRIPTION SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH % OF THE NORTHEAST J4 OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE S82"35'34"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01"34'10", A CHORD BEARING OF S83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE: THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16"W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF N83'22'38''E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34"E FOR A DISTANCE OF 75.89 FEET: THENCE N18'25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36'W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44''E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29"E FOR A DISTANCE OF 34.57 FEET: THENCE N22'06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49''E FOR A DISTANCE OF 21.03 FEET; THENCE N00'22'32'W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09"W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'50"W FOR A DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61"45'36'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29''E FOR A DISTANCE OF 38.04 FEET; THENCE N01'01'26'W FOR A DISTANCE OF 39.77 FEET: THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50 ''E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04''E FOR A DISTANCE OF 21.83 FEET: THENCE N23'43'08"W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06 '42'31''E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31''E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48''E FOR A DISTANCE OF 23.82 FEET; THENCE N53 '55'07''E FOR A DISTANCE OF 49.94 FEET; THENCE NOD'16'34"W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26''E FOR A DISTANCE OF 180.68 FEET; THENCE NOO't6'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26"E FOR A DISTANCE OF 17.99 FEET; THENCE N00'56'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24"W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.DD FEET, AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 89'56'13", A CHORD BEARING OF N19'53'43''E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY: THENCE N64'51'49''E FOR A DISTANCE OF 47.65 FEET: THENCE N55'02'D3''E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38"E FOR A DISTANCE OF 52.20 FEET: THENCE N63'49'38"E FOR A DISTANCE OF 37.84 FEET; THENCE N70"22'20"E FOR A DISTANCE OF 92.52 FEET; THENCE N68'51'27"E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF S68'13'01''E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY: THENCE S25'17'28''E FOR A DISTANCE OF 63.57 FEET; THENCE N36'18'39''E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15"E FOR A DISTANCE OF 19.77 FEET: THENCE N66'58'31"E FOR A DISTANCE OF 18.51 FEET; THENCE S85'43'35''E FOR A DISTANCE OF 27.81 FEET: THENCE N71'55'13"E FOR A DISTANCE OF 24.66 FEET; THENCE N52'06'00''E FOR A DISTANCE OF 30.63 FEET: THENCE S89'49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE N62'13'50''E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43"E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET: THENCE N40'45'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57'W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16"W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23''E FOR A DISTANCE OF 11.80 FEET: THENCE N89'08'03''E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36''E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A DISTANCE OF 27.47 FEET; THENCE N78'25'27''E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13''E FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'47''E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33''E FOR A DISTANCE OF 25.83 FEET: THENCE N71'05'46"E FOR A DISTANCE OF 56.43 FEET; THENCE S38'52'30''E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'£ FOR A DISTANCE OF 24.28 FEET: THENCE N33'07'17''E FOR A DISTANCE OF 24.29 FEET; THENCE 569'05'02'£ FOR A DISTANCE OF 28.70 FEET; THENCE S24'08'40''E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44''E FOR A DISTANCE OF 8.64 FEET; THENCE S87'50'35'W FOR A DISTANCE OF 11.51 FEET; THENCE S26'48'43"W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49"W FOR A DISTANCE OF 19.13 FEET; THENCE 511'23'43'£ FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46"E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36''E FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE soo·oo'OO"W ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE 589'30'50'£ ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23'49"W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44'38'51"W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 28.55 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNtTH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105 LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 Phone: 386-274-1600 Fox: 386-274-1602 ZZZ229009M DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 3 OF 3 I KJK EXHIBIT 1 Legal Description 0 a:: ;; w _J :) 0CD wa:: 0 I + NORTH Mitigation Area SKETCH AND LEGAL DESCRIPTION LEGEND/ABBREV�TIONS LB =LICENSED BUSINESS R/W = RIGHT OF WAY 0 200 400 L--�---' PG/P = PAGE ORB = OFFICIAL RECORDS BOOK THIS SPACE RESERVED FOR RECORDING INFORMATION GRAPHIC SCALE S52"41'38"W 97.82" N89"32'51"W NORTH LINE OF SEC 16-T29S-R16E 81.65' r---------..;;..;.;.....;;;.;.;.;;..,N;;.8_9.;;,"3;;;,2;;.'5.;,1';;.'W..;,;;;.;;.;;,..;,;.;_;;;;;; _________ _ 3: 't,., - oil) • If) r-. . ...,ro • r-. 0")o�(/) ARC: 208.37' CH: 206.22' CHB: S38"25'25"W 1 RAD: 418.31' 2136.42' DEL TA: 28"32'27" THE NORTH 1 /2 OF THE NE 1 / 4 RAD: 268.31' ARC: 243.90' CH: 235.59' CHB: S26"39'08"W DEL TA: 52"04'59" SEC 16, TWP 29 S, RGE 16 E 102.50 ACRES MORE OR LESS C4 CH: 34.05' { RAD: 25.00' ARC: 39.24' { RAD: 25.00' ARC: 37.46' CHB: S68"13'01 "E DEL TA: 85"51 '05" { RAD: 5475.83' ARC: 150.00' C2 CH: 150.00' CHB: N83"22' 38"E DELTA: 01"34'10" C3 CH: 35.34' CHB: N19"53'43"E DEL TA: 89"56'13" C4 1':l .\--� \,i.__......... ' wlD w C£ ' • I 00 (!) 0 <O a, ON f::! �i 0 � lDz uw (/) u_ 0 w z ::::; I (/) <( w <( -----CD ------------------/------ { RAD: 5525.83' ARC: 151.37' C1 CH: 151.36' GOVT LOT 3 GOVT LOT 4 CHB: S83"22' 38"W DELTA: 01"34'10" S89'22'57"E. z 344.66' POINT OF BEGINNING !Ia:: EASTER TRACT PER ORB 16135, PG 2664 (/) 00 .i,: <O : 0 0 � r,{ R/W \II �8 �I::? S: C2 -' C7 �2·35'3ci:·w, \ C1 828,4� \__--ST A TE ROAD 60VO ------ \ RAD: 5525.83' ARC: 488.01' CH: 487.85'' ---GULf-To-B AY B�AUSEWAY CAMP BE.LL couRTN�� VIS CAUSE.WA y POINT OF REFERENCE CHB: N86"41'32"E DEL TA: 05"03'36" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM A WADE TRIM COMPANY -CIVIL ENGINEERING & LAND SURVEYING SINCE 1975 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 LB #2232 #7565 Phone: 386-274-1600 Fax: 385-274-1602 MIT AREA 102.50.DWG SKETCH & DESCRIPTION DA TE: OCTOBER 5, 2010 SHEET 1 OF 3 1" = 400' EXHIBIT 1 Legal Description SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING L1 50.00 Nos•50·16·w L2 75.89 N82'35'34'E L3 17.60 Nl8'25'35'E L4 11.75 N66°10'36'\./ L40 L5 36.90 N07'24'44'E L41 L6 34.57 N27°46'29'E L42 L7 26.14 N22°06'03'E L43 LS 21.03 S85'27'49'E L44 L9 47.05 N00'22'32'\./ L45 LlO 10.17 N76'03'09'\./ L46 Lll 49.43 N09°14'50'\./ L47 L12 49.13 N21°51'04'\./ L48 L13 15.55 N61'45'36'\./ L49 L14 36.76 N39' 48'21 '\./ LSO L15 38.04 N03'51'29'E L51 L16 39.77 NOl 001 '26'\./ L52 L17 22.62 N39'14'16'\./ L53 L18 6.68 N02'01'50'E L54 L19 21.83 N48°07'04'E L55 L20 23.22 N23' 43'08'\./ L56 L21 17.15 N60'13'20'E L57 L22 10.05 N06'42'3l'E L58 L23 13.11 N41 '29'06'\./ L59 L24 25.74 N45'22'31 'E L60 L25 23.82 N63°18'48'E L61 L26 49.94 N53 °55'07'E L62 L27 56.85 N00'16'34'\./ L63 L28 180.68 N89'43'26'E L64 L29 107.99 N00'16'34 '\./ L65 L30 17.99 N89'43'26'E L66 L31 68.66 N00'56'49'\./ L67 L32 71.74 Nl4 '00'29'\./ L68 L33 31.35 Nl4'13'49'\./ L69 L34 148.53 N25'04'24'\./ L70 L35 47.65 N64'51'49'E L71 L36 61.06 N55'02'03'E L72 L37 52.20 N61 '14'38'E L73 L38 37.84 N63'49'28'E L74 L39 92.52 N70'22'20'E L75 SURVEYOR'S NOTES: THIS SPACE RESERVED FOR RECORDING INFORMATION 104.72 N68'51'27'E 63.57 S25'17'28'E 40.81 N36'18'39'E 19.77 N29'55'15'E 18.51 N66'58'31'E 27.81 S85'43'35'E 24.66 N71 '55'13'E 30.63 N52'06'00'E 204.74 S89'49'20'E 9.09 N62'13'50'E 26.32 N21'46'43'E 28.03 N34'38'33'\./ 36.60 N40'45'36'\./ 47.45 ss5·40•57·w 17.54 N42'47'16'\./ 11.80 N21 '20'23'E 23.76 N89'08'03'E 9.50 N4 7'26'36'E 27.47 N06'22'13'E 22.62 N7B 025'27'E 14.18 N46 '51 '13'E 20.43 S49'55'47'E 25.83 S23'46'33'E 56.43 N71 '05' 46'E 9.36 S38'52'30'E 24.28 S67'05'16'E 24.29 N33'07'17'E 28.70 S69'05'02'E 30.96 S24'08'40'E 8.64 S20'16'44'E 11.51 S87'50'35'\./ 19.46 S26 '48' 43'\./ 19.13 S23'25'49'\./ 24.18 SW23'43'E 17.83 N49'11'46'E 34.97 N82'59'36'E 1.BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STA TE ROAD 60, AS SHOWN, BEING S82"J5'J4"W. 2.THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). J.THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY. AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4.THIS IS NOT A BOUNDARY SURVEY. (I] WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DA TE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA LB #2232 #7565 Phone: 386-27 4-1600 Fox: 386-274-1602 102.50.DWG SHEET 2 OF 3 I KJK EXHIBIT 1 Legal Description LEGAL DESCRIPTION SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INfORMA TION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH � OF THE NORTHEAST )<I OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82'35'34''W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET. A CENTRAL ANGLE OF 01"34'10", A CHORD BEARING OF S83'22'38''W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05"50'16''W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01"34'10", A CHORD BEARING OF N83"22'38'£ AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82"35'34'£ FOR A DISTANCE OF 75.89 FEET; THENCE N18"25'35'£ FOR A DISTANCE OF 17.60 FEET; THENCE N66"10'36''W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44'£ FOR A DISTANCE OF 36.90 FEET; THENCE N27"46'29"E FOR A DISTANCE OF 34.57 FEET; THENCE N22"06'03'£ FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'£ FOR A DISTANCE OF 21.03 FEET; THENCE N00"22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09''W FOR A DISTANCE OF 10.17 FEET; THENCE N09"14'50''W FOR,A DISTANCE OF 49.43 FEET; THENCE N21'51'04''W FOR A DISTANCE OF 49.13 FEET; THENCE N61"45'36''W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21 ''W FOR A DISTANCE OF 36. 76 FEET; THENCE N0.3"51'29'£ FOR A DISTANCE OF 38.04 FEET; THENCE N01"01'26''W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16''W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50'£ FOR A DISTANCE OF 6.68 FEET; THENCE N48"07'04'£ FOR A DISTANCE OF 21.83 FEET; THENCE N23"43'08''W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20'£ FOR A DISTANCE OF 17.15 FEET; THENCE N06"42'31'£ FOR A DISTANCE OF 10.05 FEET; THENCE N41"29"06'W FOR A DISTANCE OF 13.11 FEET; THENCE N45"22'31'£ FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48"E FOR A DISTANCE OF 23.82 FEET; THENCE N53"55'07'"E FOR A DISTANCE OF 49.94 FEET; THENCE N00"16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89"43'26'£ FOR A DISTANCE OF 180.68 FEET; THENCE N00"16'34''W FOR A DISTANCE OF 107.99 FEET; THENCE N89"43'26'£ FOR A DISTANCE OF 17.99 FEET; THENCE N00"56'49''W FOR A DISTANCE OF 68.66 FEET; THENCE N14"00'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14"13'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24''W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 89"56'13", A CHORD BEARING OF N19"53'43'£ AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N64"51'49'£ FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'£ FOR A DISTANCE OF 61.06 FEET; THENCE N61"14'38'£ FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'£ FOR A DISTANCE OF 37.84 FEET; THENCE N70"22'20'£ FOR A DISTANCE OF 92.52 FEET; THENCE N68"51'27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85 '51'05", A CHORD BEARING OF S68"13'01'£ AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'£ FOR A DISTANCE OF 63.57 FEET; THENCE N36"18'39'£ FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15'£ FOR A DISTANCE OF 19. 77 FEET; THENCE N66"58'31 '£ FOR A DISTANCE OF 18.51 FEET; 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THENCE N33'07'17'£ FOR A DISTANCE OF 24.29 FEET; THENCE S69'D5'02'£ FOR A DISTANCE OF 28.70 FEET; THENCE S24"08'40'£ FOR A DISTANCE OF 30.96 FEET; THENCE S20"16'44'£ FOR A DISTANCE OF 8.64 FEET; THENCE SB7'50'35'W FOR A DISTANCE OF 11.51 FEET; THENCE S26"48'43''W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET; THENCE S11"23'43'£ FOR A DISTANCE OF 24.18 FEET; THENCE N49"11'46'£ FOR A DISTANCE OF 17.83 FEET; THENCE NB2'59'36'£ FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOO'OO'OO'£ ALONG SAID SECTION LINE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAIO NORTH LINE N89"32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28"32'27", A CHORD BEARING OF S38"25'25'W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE S52"41'38'W FOR A DISTANCE OF 97.82 FEET; THENCE N89"32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S52"42'01'W FOR A DISTANCE OF 73.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET. AN ARC LENGTH OF 243.90 FEET. A CENTRAL ANGLE OF 52"04'59", A CHORD BEARING OF S26"39'08'W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE S00"37'03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S89"22'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET; THENCE SD0"46'40'£ FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05"03"36", A CHORD BEARING OF N86'41'32'E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES, MORE OR LESS. J � . I HER[BY CERTIFY THAT TI-1/S SKE:TCH MEETS MINIMUM J TECHNICAL STANDARDS AS S£T FORTH BY THE FLORIDA �tJ::.[ � --......._ BOARD OF PROF£SSIONAL LAND SURVEYORS PER CHAPTER K[NN[TH J. KUHAR SJ-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105 LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 Phone: 386-274-1600 Fox: 386-274-1602 MIT AREA 102.50.DWG SKETCH & DESCRIPTION DA TE: OCTOBER 5, 2010 SHEET 3 OF 3 I KJK EXHIBIT 1 Legal Description Resolution No. 16-05 Exhibit D Four (4) tracts of land generally described as follows: • Parcel “A” - Portions of Pinellas County Property I.D. #s 16-29-16-00000-130- 0200, 16-29-16-00000-120-0100, 16-29-16-00000-110-0100 and 16-29-16- 00000-140-0100. • Parcel “B” - Pinellas County Property I.D. # 16-29-16-00000-130-0300, previously deeded to Easterland by virtue of that certain Statutory Warranty Deed recorded in Book 16135, Page 2664 of the Official Records of Pinellas County. • Parcel “C” - Pinellas County Property I.D. # 16-29-16-00000-130-0310, previously deeded to CCC by virtue of that certain Warranty Deed (corrective) recorded in Book 10311, Page 1231 of the Official Records of Pinellas County, Florida • Parcel “D” - Portions of submerged lands acquired by CCC by virtue of deeds recorded in Book 10311, Page 1231 and Book 4248, Page 1059 of the official Records of Pinellas County, Florida and other submerged lands to which Seller may own an interest, as may be determined by a boundary survey, lying within, or adjacent to, Section 16, Township 29 South, Range 16 East Parcels “A,” “B,” “C,” and “D” shall be more particularly described by a boundary survey as provided for in Paragraph 12 of that certain Contract for Purchase of Real Property by the City of Clearwater, Florida to be considered and voted upon by the Clearwater City Council of even date herewith. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE:April 19, 2016 AGENDA ITEM:G.1. CASE:DVA2010-06001 REQUEST:Review and recommendation to the City Council, of the mutual, conditional termination of a Development Agreement and the First Amendment to the Development Agreement between Christian College Private School, Inc., a Florida Non-Profit Corporation, and its successors, and the City of Clearwater. GENERAL DATA: Owner ...............................Clearwater Christian College Private School, Inc. Applicant ..........................City of Clearwater& Clearwater Christian College Private School, Inc. Location ............................3400 Gulf-to-Bay Boulevard, located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard Property Size ....................131.05acres Future Land Use Plan ......(Proposed, conditioned upon termination) Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories Zoning ...............................(Proposed, conditioned upon termination) Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts Adjacent Zoning....North:Preservation (P) andOpen Space/Recreation (OS/R)Districts South:Open Space/Recreation (OS/R), Commercial (C), and Preservation (P)Districts East:Preservation (P) andOpen Space/Recreation (OS/R)Districts West:Medium Density Residential (MDR), Mobile Home Park (MHP), Low Medium Density Residential (LMDR), and Preservation (P)Districts Existing Land Use ............Educational Facilities uses Proposed Land Use..........Educational Facilities uses Community Development Board –April 19, 2016 DVA2010-06001, as amended –Page 2of 6 Level III Termination of a Development Agreement PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION ANALYSIS: Location and Existing Conditions: The 131.05-acresiteis located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard. The subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent to Florida Department of Transportation (FDOT) right-of-way and approximately1,670 feet of frontage along Bayshore Boulevard. The subject property is zoned Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) Districts and is developed with the Clearwater Christian College, which closed in 2015. The immediate vicinity is primarily wetlands and open space comprising Coopers Bayou and Tampa Bay, both within and beyond the property lines for the subject site. To the south is the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and associated FDOT right-of-way, as well as the City’s gateway feature (obelisk) and associated parking. Adjacent to the southwest, there is a FDOT office (closed) and vacant land. Properties to the west across Bayshore Boulevard are developed with attached and detached dwellings. Summary: The property owner, Clearwater Christian College Private School, Inc., previously requested amendments to the City’s Future Land Use Map and Zoning Atlas which were approved by City Council in October 2010 (Case No. LUZ2010-06002).The 2010 amendments increasedthe amount of area designated Institutional (I) on the City’s Future Land Use Map and Zoning Atlas (“expanded Institutional area”) in order to accommodate growth of the college. At the same time, City Council approved a Development Agreement between the City and Clearwater Christian College Private School, Inc., and its successors, which establishes a master plan for the developed portion of the property, restricts the development potential of the expanded Institutional area, and requires the developer to seek approval of a mitigation plan to addressthe objectives of hydrologic restoration and habitat enhancement, either through a mitigation bank or other appropriate mitigation measures still meeting the standards in the mitigation plan. (Case No. DVA2010-06001). The Development Agreement was subsequently amended to revise certain components of the original agreement, consistent with the Pinellas Planning Council’s Alternative Compromise Recommendation accepted by City Councilon October 5, 2010. The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 for approval of the proposed jurisdictional line. Community Development Board –April 19, 2016 DVA2010-06001, as amended –Page 3of 6 Level III Termination of a Development Agreement PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recently, the City hasengaged in contract negotiations to purchase approximately 111 acres of property from Clearwater Christian College, including a large portion which is governed by the Development Agreement, as amended. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbodywith a federally- recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditionaltermination of the development agreement, conditioned upon the City’spurchase of a portion of the college’s land, which is being considered concurrently with this case and will be presented at the April 21, 2016 City Council meeting. The original development agreement states that upon termination, the property shall return to its current [as of the time ofexecution of thedevelopment agreement] future land use and zoning designations.Therefore, the City is initiating amendments to the Future Land Use Map and Zoning Atlas in order to comply with this provision (see concurrent cases LUZ2016-03003 and REZ2016-03003). Terms of the Development Agreement as amended: Establishes a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres); Requires that all improvements be constructed, if at all, pursuant to the Master Plan; Restricts development of the property to a maximum of 750 dormitory beds and a maximum FAR of 0.169; Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; Restricts height to a maximum of 50 feet; Sets out the Developer’s transportation obligations, including: o Dedication of perpetual easement of approximately 1.01 acres for ingress/egress to Coopers point Bayou property adjacent to Master Plan Area; o Construction of the Coopers Point Access in conjunction with the construction of the Master Plan; Requires developer to obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission ("FWC"), including any required FWC permit for the construction near an active eagle nest; Requires evacuation of all persons except emergency personnel after the issuance of a hurricane watch by the National Hurricane Center; Requires the City to process the amendments to the future land use map and zoning designationsunder LUZ2010-06002; Establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan;and Requires that, in the event of termination, the property be returned to its pre-agreementfuture land use map and zoning designations [prior to LUZ2010-06002]. Community Development Board –April 19, 2016 DVA2010-06001, as amended –Page 4of 6 Level III Termination of a Development Agreement PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board –April 19, 2016 DVA2010-06001, as amended –Page 5of 6 Level III Termination of a Development Agreement PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board –April 19, 2016 DVA2010-06001, as amended –Page 6of 6 Level III Termination of a Development Agreement PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: The development agreement, as amended, places restrictions on the 131.05 acre property owned by Clearwater Christian College Private School, Inc.as outlined above. The City Council will considera purchase contract for a portion of this property at its April 21, 2016 meeting. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land. Additionally, the purchase contract is subject to the termination of the development agreement. Findings of Fact: The Planning and Development Department, having reviewed all evidence and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1.That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard; 2.That the subject property is currently occupied with educational facilities uses (closed college); 3.That the subject property is subject to Development Agreement DVA2010-06001; 4.That DVA2010-06001 restricted development of the property to a maximum of 750 dormitory beds anda maximum FAR of 0.169; 5.That the subject property was thesubject ofLUZ2010-06002; 6.That the City of Clearwater and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land, pursuant to section 163.3237, Florida Statutes; 7.That there are companion applications to amend the Future Land Use Map and Zoning Atlas designations, in order to return the property to its pre-Agreement current future land use map and zoning designations. Conclusion of Law: The Planning and Development Department, having made the above findings of fact, reaches the conclusion of lawthat: This is a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land, pursuant to section 163.3237, Florida Statutes. The Planning and Development Department, having made the above findingsof fact and conclusion of law, recommends APPROVAL of the termination of DVA2010-06001, as amended. Prepared by Planning and Development Department Staff: ______________________________ Lauren Matzke, AICP, Long Range Planning Manager 1. View looking north from Gulf-to-Bay Blvd at subject property 2. View looking south from Gulf-to-Bay Blvd 4. View looking north across existing athletics fields towards Preservation area (2010). 3. Representative buildings on subject property (2010). . 5. View looking west from existing parking lot on subject property towards Preservation area (2010). 6. View looking north from existing parking lot on subject property towards Preservation area (2010). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 1 of 3 7. View looking northeasterly along Damascus Road at subject property 8. View looking north along BayshoreDrive at typical single family housing located across BayshoreDrive from subject property Preservation area 9. View looking north along BayshoreDrive at typical multi- family housing located across BayshoreDrive from subject property Preservation area 10. View looking east from BayshoreDrive at Johns Parkway at subject property Preservation area . 11. View looking northerly along BayshoreDrive at Johns Parkway 12. View looking southerly along BayshoreDrive at Johns Parkway LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 2 of 3 cal e - rve y - DREW ST DREW ST BAY LNBAYLN -N o t t o S c -N o t a S u r VD VD K ST K ST BAY LN BAY LN 10/11/12 BAYSHORE BLV BAYSHORE BLV S R D U S R D DOWNING ST DOWNING ST JOHNS PKWY JOHNS PKWY 3 4 6 9 10/11/12 D A M A S C U S D A M A S C U S ELL CSWYCAMPBELLCSWY 2 5 8 7 COURTNEY CAMPBELL CSWY COURTNEY CAMPBELL CSWY 1 . Location Map for site photographs (pages 1-2). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 3 of 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2016-03003 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8895-16 on first reading. (LUP2016-03003) SUMMARY: The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college’s facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), conditioned upon the City’s purchase of a portion of the college’s land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Future Land Use Map to amend the future land use designations for the parcels from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories in order to comply with this provision (refer to concurrent case REZ2016-03003). The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. Page 1 City of Clearwater Printed on 4/15/2016 File Number: LUP2016-03003 In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is also required. The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8895-16 ORDINANCE NO. 8895-16 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 PROPERTY LOCATED ON THE NORTH SIDE OF GULF- TO-BAY BOULEVARD, APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, CLEARWATER, FLORIDA 33759, AS INSTITUTIONAL (I), COMMERCIAL GENERAL (CG), PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), RESIDENTIAL LOW (RL), AND WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached Exhibit A for Legal Description From: Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature To: Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature (LUP2016-03003) 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 contingent upon and subject to the approval of the land use designations by the Pinellas County Board of Commissioners and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of Ordinance No. 8895-16 a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. 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 L1i717I x111 LEGAL DESCRIPTION PROVIDED BY OTHERS EDITED BY THE UNDERSIGNED THENORTH 12 OF THE NE 14 OF SECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST AND THAT PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION WHICH LIES NORTH OF A LINE BEGINNING IN THE WEST BOUNDARY OF SAID GOVERNMENT LOT 3 AT A POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH 6T EAST TO NAVIGABLE WATER IN OLD TAMPA BAY AND LESS RIGHTOFWAY OF DAVIS CAUSEWAY PINELLAS COUNTY FLORIDA AND ALL LAND LYING BETWEEN THE ABOVE DESCRIBED PARCEL AND THE RIGHTOFWAY OF STATE ROAD 60 OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY AND PARCEL 5 AND ALL THAT PART OF GOVERNMENT LOT 1 IN SECTION 15 TOWNSHIP 29 SOUTH RANGE 16 EAST LYING SOUTH OF AN EASTERLY PROJECTION OF THE NORTH LINE OF GOVERNMENT LOT 4 IN SECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST PINEI COUNTY FLORIDA WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY LESS AND EXCEPT A 100 RIGHTOFWAYFOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 LESS AND EXCEPT A RIGHTOFWAYACROSS GOVERNMENT LOT 4 OF SAID SECTION 16 DESCRIBED IN CITY OF CLEARWATER RESOLUTION 6490 FILED IN OFFICAL RECORD 1936 PAGES 522524 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA LESSAND EXCEPT PARCEL 1 THAT PORTION THEREOF DEEDED TO ROBERT D WINNAND MARY S WINN HUSBAND AND WIFE ON NOVEMBER 16 1992 BY DEED RECORDED IN ORBOOK 8094 PAGE 1155 PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA DESCRIBED AS FOLLOWS THAT PORTION OF THE NW 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E LYING SOUTH OF DREW STREET EAST OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AND NORTHWEIERLY OF BAYSHORE BOULEVARD TOGETHER WITH THE RIPARIAN RIGHTS THERETO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS FROM THE NE CORNER OF THE NW 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E AS A POINT OF REFERENCE THENCE S003703WALONG THE NORTHSOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 330TO THE NORTHEAST CORNER OF LOT 9 UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS A POINT OF BEGINNING THENCE CONTINUE S003703WALONG SAID CENTERLINE BEING ALSO THE EASTERLY BOUNDARY OF SAID UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDEDIN PLAT BOOK 28 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA A DISTANCE OF 22247 TO A POINT ON THE NORTHERLY RIGHTOFWAY OF BAYSHORE BOULEVARD A 100 RIGHTOFWAY THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 36831 A CHORD BEARING OF N413548E AND A CHORD DISTANCE OF 14617 TO A POINT OF TANGENCY THENCE N610231E ALONG SAID TANGENT RIGHTOFWAY A DISTANCE OF 18466 TO AN INTERSECTION WITH THE SOUTHERLY RIGHTOFWAY OF DREW STREET CURRENTLY A 33 RIGHTOFWAY THENCE N892950W ALONG SAID SOUTHERLY RIGHTOFWAY 33 FROM AND PARALLEL TO THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 24221 TO THE POINT OF BEGINNING CONTAINING 23549 SQUARE FEET 054 ACRES MOL TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY EAST ACROSS THE 100 RIGHTOFWAY FOR BAYSHORE BOULEVARD AS RECORDED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 BEING FURTHER DESCRIBED AS FOLLOWS THE NORTH 22247 OF THE NORTHWEST 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E LYING BETWEEN THE EASTERLY LINE OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 28 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPABAY LESS A 100 RIGHTOFWAY FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 RIPARIAN RIGHTS GRANTED ARE LIMITED TO THE LESSER OF A FIFTY 50 FEET FROM THE UPLAND OR B THE MAXIMUM DOCK LENGTH PERMITTED BY LAW WHICHEVER IS THE LEAST LESS AND EXCEPT LANDS KNOWN AS THE EASTER TRACT RECORDED IN OFFICIAL RECORDS BOOK 16135PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA TOTAL AREA 13105 ACRES MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS IN THE ABOVE DESCRIBED LEGAL DESCRIPTION SHOWN WITH AN ASTERICK BOTH SHOULD BE CHANGED TO SHOW NORTHEAST OR NE INSTEAD OF NORTHWEST NW Exhibit B FUTURE LAND USE MAP Owners: Clearwater Christian College Case: DVA2010-06001 LUP2016-03003 REZ2016-03003 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning PIN: 16-29-16-00000-120-0100 16-29-16-00000-140-0100 16-29-16-00000-130-0200 16-29-16-00000-110-0100 From : To: I, P, R/OS, & I, P, & OS/R Water/Drainage Feature I, CG, P, R/OS, RL, & I, C, P, LDR, & Water/Drainage Feature OS/R Atlas Page: 292B P P P D A M A SC U S R D P I P WATER P WATER CG WATER PWATERRU RU WATER R/OS I I P RU P R/OS RM P R/OS R/OSCG RL R/OS WATER WATER RU RLM P RU RU T/U R/OS I RL R/OS R/OS RL R/OS WATER CG WAT E RL R/OS RL RL R/OSR/OS RL RL I R/OS R/OS RL WATER R/OS R/OS RL RL R/OS R/OS RU RL RU I CO URT NE Y CAM P B E LL C SW Y DREW ST BAY LN BAYSHORE BLVD -N o t t o S c a l e - -N o t a S u r v e y - Community Development Board –April 19, 2016 LUP2016-03003-Page 1of 12 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENTSTAFF REPORT MEETING DATE:April 19, 2016 AGENDA ITEM:G.2. CASE:LUP2016-03003 REQUEST:To amend the FutureLand Use Map from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space(R/OS), Residential Low (RL), andWater/Drainage Feature categories GENERAL DATA: Applicant .........................City of Clearwater Initiated Amendment (Planning & Development Department), per mutual, conditional termination of DVA2010-06001 Owner .............................Clearwater Christian College Private School, Inc. Location..........................3400 Gulf-to-Bay Boulevard, located on the north side of Gulf- to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard Property Size ...................131.05 acres BACKGROUND: The subject site is comprised of four parcels of land 131.05 acres in area, located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The City of Clearwateris initiating an amendmentto the parcels’ Future Land Use Map designationsfrom the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories per the mutual, conditional termination of companion case DVA2010-06001for the same property. Community Development Board –April 19, 2016 LUP2016-03003 –Page 2of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The property owner, Clearwater Christian College Private School, Inc., previously requested amendments to the City’s Future Land Use Map and Zoning Atlas which were approved by City Council in October 2010 (Case No.LUZ2010-06002). The 2010 amendments increasedthe amount of area designated Institutional (I) on the City’s Future Land Use Map and Zoning Atlas (“expanded Institutional area”) in order to accommodate growth of the college. An approved development agreement establishesa master plan for the developed portion of the property(Case No. DVA2010-06001, as amended). The development agreement divides the site into two areas, a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres). Any new development would be concentrated within the expandedInstitutional (I) area and must bein substantial conformance with the approvedmaster plan. The approved agreement requires the developer to seek approval of amitigation plan to addressthe objectives of hydrologic restoration and habitat enhancement, either through a mitigation bank or other appropriatemitigation measures still meeting the standards in the mitigation plan. The U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD)havenot granted approval of a mitigation plan to date. The terms of the developmentagreement obligated the City to promptly process the Future Land Use Map and Zoning Atlas amendments, which were processed concurrentlyand approved by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority, as well as the Florida Department of Community Affairs(now Department of Economic Opportunity). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 for approval of the proposed jurisdictional line. Recently, the City hasengaged in contract negotiations to purchase the majority of the subject property designated as Preservation (P) and Water/Drainage Featureon the Future Land Use Map, as well as additional property owned by the college but not part of the original amendment application. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrancesin place through the development agreement prior to purchasing the property from the college. Forthis reason, the City and college are requesting a mutual, conditional termination of the development Community Development Board –April 19, 2016 LUP2016-03003 –Page 3of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION agreement, conditioned upon the City’spurchase of a portion of the college’s land(request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time ofexecution of the development agreement] future land use and zoning designations.Therefore, the City is initiating amendments to the Future Land Use Map and Zoning Atlas in order to comply with this provision (see concurrent case REZ2016-03003). ANALYSIS: Vicinity Characteristics: The subject propertyis primarily surrounded by water and wetlandareas to the north and east, as part of Coopers Bayou and Tampa Bay, which are designated as Water/Drainage Feature or Preservation (P) on the City’s Future Land Use Map. Properties to the south are primarily designated with the Recreation/Open Space (R/OS) future land use categories. This land includes the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and the associated FDOT right-of-way, as well as the City’s gateway feature (obelisk)and associated parking. Adjacent to the southwest, parcels are designated with the Commercial General (CG) and Preservation (P) future land use categories. One parcel is developed with a FDOT office, and the others are vacant. Properties to the west across Bayshore Boulevard are developed with attached and detached dwellings, and are designated with several different residential future land use categories, including Residential Urban (RU) and Residential Low Medium (RLM). A complete listing of the Future Land Use Map designations isshown in Table 1 below. In addition, a comparison between the uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table2 and Table 3. In order to provide clarity regarding the request, maps showing the current future land use designations (as approved in October 2010) and the proposed future land use designations are also providedbelow. Community Development Board –April 19, 2016 LUP2016-03003 –Page 4of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Existing Use(s)FLUM Designation Zoning Atlas Designation North: Wetlands, Coopers Bayou Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) Preservation (P), Open Space/Recreation (OS/R) East: Wetlands Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) Preservation (P), Open Space/Recreation (OS/R) South: Courtney Campbell Causeway/ Gulf-to-Bay Boulevard, FDOT Office, Vacant Recreation/Open Space (R/OS), Commercial General (CG), Preservation (P) Open Space/Recreation (OS/R), Commercial (C), Preservation (P) West: Residential Residential Urban (RU), Residential Low Medium (RLM), Preservation (P) Medium Density Residential (MDR), Mobile Home Park (MHP), Low Medium Density Residential (LMDR), Preservation (P) Table 2.Uses and Intensities Allowed by Present Future Land Use Designations(As approved October 21, 2010) Institutional (I) (23.07 acres/ 1,004,929 ft2) Preservation (P) (85.63 acres/ 3,730,044 ft2) Recreation/Open Space (R/OS) (1.29 acres/ 56,192 ft2) Water/Drainage Feature (21.12 acres/ 919,987 ft2) Primary Uses: Public/Private Schools, Churches Natural/ Undeveloped Water Feature Public/Private Open Space, Rec. Facility Water Body / Drainage Feature Maximum Density: 12.5 dwelling units/acre (residential equivalent of 3 beds/unit) No density allocation; transfer of development rights allowed throughDVA No density allocation No density allocation Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.10; ISR 0.20 FAR 0.25; ISR 0.60 No intensity allocation Table 3. Uses and Intensities Allowed by Proposed Future Land Use Designations(Consistent with the City’s Future Land Use Map prior to October 21, 2010) Institutional (I) (19.84 acres / (864,230 ft2) Preservation (P) (82.32 acres / 3,585,859 ft2) Water/ Drainage Feature (22.87 acres / 996,217 ft2) Residential Low (RL) (3.41 acres/ 148,539 ft2) Commercial General (CG) (1.05 acres / 45,738 ft2) Recreation/ Open Space (R/OS) (1.05 acres/ 45,738 ft2) Primary Uses: Public/Private Schools, Churches Natural/ Undeveloped Water Feature Water Body / Drainage Feature Low Density Residential Office, Retail, Personal Service, Hotel Public/Private Open Space, Rec. Facility Maximum Density: 12.5 dwelling units/acre (residential equivalent of 3 beds/unit) No density allocation No density allocation 5 dwelling units/acre 24 dwelling units/acre; 40 overnight accommoda- tion units/acre No density allocation Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.10; ISR 0.20 No intensity allocation FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 FAR 0.25; ISR 0.60 Community Development Board –April 19, 2016 LUP2016-03003 –Page 5of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Community Development Board –April 19, 2016 LUP2016-03003 –Page 6of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION REVIEW CRITERIA: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 4. Consistency with Community Development Code Standards CDC Section4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the property. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of propertyin the immediate area. X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goal, objectivesand policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Wetlands Protection Goal, Objectives and Policies: GoalA.1 The City of Clearwater shall continue to protect natural resources and systems throughout the city and ensure that these resources are successfully integrated into the urban environment through land development regulations, management programs, and coordination with future land use intensities and categories. Objective A.1.1 On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1 Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that Community Development Board –April 19, 2016 LUP2016-03003 –Page 7of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION may be applicable, including the wetland vegetative buffer requirement of the City’s Community Development Code Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by “Preservation” (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Objective G.1.4 Preserve natural open space areas which constitute aesthetic, and/or ecological community assets. Policy G.1.4.3 Continue to designate appropriate land “Preservation” and“Recreation/Open Space” in the Future Land Use Plan whenever feasible. Coastal Storm Area Objectiveand Policy: Objective A.1.2 Population densities in the coastal storm areas are restricted to the maximum density allowed by the Countywide Future Land UseDesignation of the property, except for specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, in which case densities identified in Beach by Design shall govern. All densities in the coastal storm area shall be consistent with the Pinellas County Comprehensive Emergency Management Plan and the Regional Hurricane Evacuation Study. Policy A.1.2.2 Continue to cooperate with the Tampa Bay Regional Planning Council and Pinellas County to meet the regional objectives for evacuation of permanent populations as well as other emergency concerns. Recommended Conclusions of Law: Therequest does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and it supports theplan as indicated in the goal, objectives and policies listed above.The proposed amendment returns the parcels’ designations to those which were previously depicted on the City’s Future Land Use Map. The college decided to no longer pursue a new jurisdictional line which would have allowed, with an approved mitigation plan, impacts certain wetland areas that were designated as Institutional (I) through the 2010 amendment. Although limited portions of those wetlands will be designated with Residential Low (RL), CommercialGeneral (CG), Recreation/Open Space (R/OS), and Institutional (I)as they had previouslybeendesignated, there would no longer be adevelopmentagreement allowing the property owner to pursue the same impacts to the wetlands. As shown previously in Table 2 and Table 3, the amount of area designated as Preservation (P) and Water/Drainage Feature remains substantially the same. Future development on the uplands portion of the property designated Institutional (I) would need to comply with any restrictions related to its location in the Coastal Storm Area. Consistency with the Countywide Plan Rules Recommended Findings of Fact: The majority of the subject propertyis proposed to remain designated as Institutional (I), Preservation (P), Water/Drainage Feature, and Recreation/Open Space (R/OS) on the City’s Future Land Use Map. The City’s Institutional (I), Preservation (P) and Recreation/Open Space Community Development Board –April 19, 2016 LUP2016-03003 –Page 8of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION (R/OS)future land use designationsareconsistent with the Public/Semi-Public (P/SP), Preservation (P), and Recreation/Open Space (R/OS) categories within the Countywide Rules as updated August 7, 2015. The Countywide Rules no longer expressly designate Water/Drainage Features on the Countywide Map. Section 2.3.3.10of the Countywide Rules states that the Public/Semi-Public (P/SP) plan category is intended to recognize institutional and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the thresholds established in other plan categories, and which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features.Section 2.3.3.10 also states that the Public/Semi-Public(P/SP) future land use categoryis generally appropriate to those locations where institutional uses (such as educational, health, public safety, civic, religious and like uses) and transportation/utility uses (such as air and sea transport terminals, utility installations, major transmission lines, refuse disposal, and public works facilities)are required to serve the community;and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. Section 2.3.3.12of the Countywide Rules states that the Preservation (P) plan categoryis intended to recognize natural resource features worthy of preservationand those areas of the county that are now used, or are appropriate to be used, for the conservation,production, and management of the regional potable water supply and the supporting infrastructure,consistent with the natural resources of the area.Section 2.3.3.12also states that the Preservation(P) future land use categoryis generally appropriate to those natural resourcefeatures it is designed to recognize wherever they may appear and at a size significant to thefeature being depicted in relationship to its surroundings. In recognition of the naturalconditions which they are intended to preserve, these features will frequently occur in arandom and irregular pattern interposed among the other categories. The college campus site is located on Tampa Bay and is directly accessible from a main entrance off the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) which is designated a Unique/Scenic View Corridor on the Pinellas Planning Council’s Scenic Non-Commercial Corridor Map. The siteis also adjacent to but not accessible from Bayshore Boulevard. The intent and purpose of the Scenic/Noncommercial Corridor designation is to guide the preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Plan Map, and to maintain and enhance the traffic operation of these especially significant roadway corridors in Pinellas County. Properties designated in the Unique/Scenic View subclassification are characterized by their unique scenic, cultural, recreational or historic resources and typically classified as Recreation/Open Space (R/OS) or Preservation (P). The request to amend the Future Land Use Map designation on portions of the site is consistent with the applicable requirements of the Countywide Rules Section 6.5.4.1.4. The proposed boundaries for the Public/Semi-Public (P/SP) category are consistent with the area already developed with the collegeand its facilities, and the amount of area proposed to be designated as Public/Semi-Public (P/SP) is reduced by 3.23 acres. The uses available to this property through the Public/Semi-Public (P/SP) designation are consistent with the character, intensity, and scale of the usesin the surrounding area, including the surrounding Preservation (P) designated areas. Community Development Board –April 19, 2016 LUP2016-03003 –Page 9of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION There are wetlandareas proposed to be designated withthe City’s Residential Low (RL) and Commercial General (CG)future land use categories (consistent with the Residential Low Medium (RLM) and Retail & Services (R&S) categories within the Countywide Rules), which will result in preservation area being inaccurately designated. These future land use designations are proposed primarily within the area which the City is negotiating topurchase. It is anticipated that the City will utilize the map adjustment process provided for through the Countywide Rules (Section 7.3.8.5) and the Community Development Code to later make these consistent with the preservation boundaries. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: The subject property is located on the north side of Gulf-to-Bay Boulevard at the easternmost edge of the City of Clearwater boundaries. Development on the property is concentrated on the upland area located in the southeast corner of the site which is currently designated Institutional (I) and accessed by Damascus Road. The Courtney Campbell Causeway / Gulf-to-Bay Boulevard is located on the south side of the property. Area within the subject site is primarily wetlands which continue to the north and east. To the west across Bayshore Drive are single and multi-family homes designated with Residential Urban (RU) and Residential Medium (RM) future land use categories. The Residential Urban (RU) future land use category permits7.5 dwelling units per acre and the Residential Medium (RM) future land use category permits 15 dwelling units per acre. Table 1 includes a complete list of the surrounding uses and future land use designations. The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre (residential equivalent uses permitted at three beds per acre) and a floor area ratio of 0.65. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55, and the proposed Residential Low(RL) category permits 5 dwelling units per acre and a floor area ratio of 0.40. The Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature future land use categories surrounding the Institutional (I) area have very limited or no development potential. The requested categories are consistent with the surrounding Future Land Use Map designations that exist in the vicinity of the subject parcel. The existing campus is proposed to be designated with theInstitutional (I) future land use category, so development would be allowedat a density and scale that is consistent with theresidential uses in the vicinity of the subject parcel(across Bayshore Drive). Community Development Board –April 19, 2016 LUP2016-03003 –Page 10of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Recommended Conclusions of Law: The proposed future land use designations arein character with the overall Future Land Use Map designations in the area. Further, theproposal is compatible with surrounding uses and consistent with the character of the surrounding parcels and neighborhood. Sufficiency of Public Facilities [Section4-603.F.4] Recommended Findings of Fact: The total area of the subject property is 131.05 acres (5,708,538 square feet). The site is currently developed with educational facilities, dormitories, athletic fields and parking to support the college. The Institutional areacould yield up to 288 dwelling units (864dormitory beds) or a floor area of 653,203square feetthrough the Institutional (I) future land use category. The development agreement limitsthe allowable development within the expanded Institutionalarea to up to 170,000 square feet of nonresidential floor area (0.169 FAR) and up to 750 dormitory beds (equivalent of 250 dwelling units). At the time of the original amendments, applications for Future Land Use Map and Zoning Atlas amendments were submitted as a combinedapplication (LUZ) and a unified public facilities analysis was completed. The previous analysis compared the development potential of the expanded Institutionalarea as restricted by the development agreement with that which was allowed through the previous entitlementsin this same area. The 2010 application included a traffic analysis that was approvedby the City’s Engineering Department; however, Planning and Development staff also completed its own evaluation of the potential impacts to the roadways. To evaluate the potential impacts of the Future Land Use Map amendment, staff evaluated traffic characteristics of the subject property based on the current and proposed Future Land Use Map designationsutilizing the traffic generation rates in the Countywide Rules. The Countywide Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments.As previously discussed, the Countywide Rules were updated in 2015, and at that time traffic generation figures were updated. The current standard for the purpose of calculating typical traffic impacts relative to an amendment for the Public/Semi-Public category remains 192 trips per day per acre for general institutional uses, consistent with the number utilized in the 2010 analysis on impacts to roadways, but is now 114 trips per day per acre for educational uses. At the time, the proposed Institutional (I) area (26.55 acres, later constricted) wasanticipated to create a maximum of 1,321 new trips daily, and add 125 new PM Peak Hour trips along the affected segment of the Courtney Campbell Causeway from theHillsborough County Line to Bayshore Boulevard. That segment in 2010 was operating andcontinues tooperate at a level of service F peak hour according to the Pinellas County Metropolitan Planning Organization Level of Service Report from 2009 and 2015, respectively. It was determined, based upon the findings of fact presentedin the staff reportfor LUZ2010-06002, that the traffic generated by the Future Land Use Map amendment wouldnot degrade the existing level of service on Gulf-to-Bay Boulevard or the operational efficiency of the signalized intersections. Community Development Board –April 19, 2016 LUP2016-03003 –Page 11of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The 2010 public facilities analysis also concluded that there would be increased demand for potable water, wastewater, and solid waste service, butthe increase would not negatively impact the City’s ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit werenot anticipated be affected by the amendment. This amendment reverts the future land use designations to those in place prior to the 2010 Future Land Use Map amendment. As such, it is expected that the proposed amendment would result in decreased demand on the same facilities previously evaluated. As such,an in depth analysis was not completed at this time. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed amendment will not result in the degradation of the existing levelsof service on theCourtney Campbell Causeway segment of Gulf-to-Bay Boulevard. Where the 2010 amendment was expected toresult in an increase in demand for potable water and generation of wastewater, as well as solid waste, this amendment is expected toresult in a corresponding decrease in the potential demandfor these services. There is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: This amendment will result in a reduction in the amount of property designated with the Institutional (I), Preservation (P), and Recreation/Open Space (R/OS)future land use categories, and an increase in the amount of property designated with the Commercial General (CG), Water/Drainage Feature, and Residential Low (RL) future land use categories. However, the application of a future land use category other than Preservation (P) on the Future Land Use Map does not automatically allow for impacts to wetlands. The Community Development Code requires that avegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. Under the approved development agreement, impacts to wetlands will only beallowed upon approval of a mitigationbank or other appropriate mitigation plan, and upgrades to the site’s stormwater facilities are required. Upon termination of the agreement, these requirements will beeliminated, but the City’s Codes require that any future redevelopment is compliant with the City’s tree preservation and storm water management requirements. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject parcels. Community Development Board –April 19, 2016 LUP2016-03003 –Page 12of 12 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for a Future Land Use Map amendment from Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS:Resume Photographs of Site and Vicinity 1. View looking north from Gulf-to-Bay Blvd at subject property 2. View looking south from Gulf-to-Bay Blvd 4. View looking north across existing athletics fields towards Preservation area (2010). 3. Representative buildings on subject property (2010). . 5. View looking west from existing parking lot on subject property towards Preservation area (2010). 6. View looking north from existing parking lot on subject property towards Preservation area (2010). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 1 of 3 7. View looking northeasterly along Damascus Road at subject property 8. View looking north along BayshoreDrive at typical single family housing located across BayshoreDrive from subject property Preservation area 9. View looking north along BayshoreDrive at typical multi- family housing located across BayshoreDrive from subject property Preservation area 10. View looking east from BayshoreDrive at Johns Parkway at subject property Preservation area . 11. View looking northerly along BayshoreDrive at Johns Parkway 12. View looking southerly along BayshoreDrive at Johns Parkway LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 2 of 3 cal e - rve y - DREW ST DREW ST BAY LNBAYLN -N o t t o S c -N o t a S u r VD VD K ST K ST BAY LN BAY LN 10/11/12 BAYSHORE BLV BAYSHORE BLV S R D U S R D DOWNING ST DOWNING ST JOHNS PKWY JOHNS PKWY 3 4 6 9 10/11/12 D A M A S C U S D A M A S C U S ELL CSWYCAMPBELLCSWY 2 5 8 7 COURTNEY CAMPBELL CSWY COURTNEY CAMPBELL CSWY 1 . Location Map for site photographs (pages 1-2). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 3 of 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2016-03003 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8896-16 on first reading. (REZ2016-03003) SUMMARY: The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college’s facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), conditioned upon the City’s purchase of a portion of the college’s land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Zoning Atlas to amend the zoning designations for the parcels from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts in order to comply with this provision (refer to concurrent case LUP2016-03003). The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. Page 1 City of Clearwater Printed on 4/15/2016 File Number: REZ2016-03003 The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 Ordinance No. 8896-16 ORDINANCE NO. 8896-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF-TO-BAY BOULEVARD, APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, CLEARWATER, FLORIDA 33759, AS INSTITUTIONAL (I), COMMERCIAL (C), PRESERVATION (P), LOW DENSITY RESIDENTIAL (LDR), AND OPEN SPACE/RECREATION (OS/R); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption subject to the approval of the land use designation set forth in Ordinance 8895-16 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit A for Legal Description From: Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) To: Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) (REZ2016-03003) Ordinance No. 8896-16 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 L1i717I x111 LEGAL DESCRIPTION PROVIDED BY OTHERS EDITED BY THE UNDERSIGNED THENORTH 12 OF THE NE 14 OF SECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST AND THAT PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION WHICH LIES NORTH OF A LINE BEGINNING IN THE WEST BOUNDARY OF SAID GOVERNMENT LOT 3 AT A POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH 6T EAST TO NAVIGABLE WATER IN OLD TAMPA BAY AND LESS RIGHTOFWAY OF DAVIS CAUSEWAY PINELLAS COUNTY FLORIDA AND ALL LAND LYING BETWEEN THE ABOVE DESCRIBED PARCEL AND THE RIGHTOFWAY OF STATE ROAD 60 OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY AND PARCEL 5 AND ALL THAT PART OF GOVERNMENT LOT 1 IN SECTION 15 TOWNSHIP 29 SOUTH RANGE 16 EAST LYING SOUTH OF AN EASTERLY PROJECTION OF THE NORTH LINE OF GOVERNMENT LOT 4 IN SECTION 16 TOWNSHIP 29 SOUTH RANGE 16 EAST PINEI COUNTY FLORIDA WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY LESS AND EXCEPT A 100 RIGHTOFWAYFOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 LESS AND EXCEPT A RIGHTOFWAYACROSS GOVERNMENT LOT 4 OF SAID SECTION 16 DESCRIBED IN CITY OF CLEARWATER RESOLUTION 6490 FILED IN OFFICAL RECORD 1936 PAGES 522524 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA LESSAND EXCEPT PARCEL 1 THAT PORTION THEREOF DEEDED TO ROBERT D WINNAND MARY S WINN HUSBAND AND WIFE ON NOVEMBER 16 1992 BY DEED RECORDED IN ORBOOK 8094 PAGE 1155 PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA DESCRIBED AS FOLLOWS THAT PORTION OF THE NW 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E LYING SOUTH OF DREW STREET EAST OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AND NORTHWEIERLY OF BAYSHORE BOULEVARD TOGETHER WITH THE RIPARIAN RIGHTS THERETO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS FROM THE NE CORNER OF THE NW 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E AS A POINT OF REFERENCE THENCE S003703WALONG THE NORTHSOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 330TO THE NORTHEAST CORNER OF LOT 9 UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS A POINT OF BEGINNING THENCE CONTINUE S003703WALONG SAID CENTERLINE BEING ALSO THE EASTERLY BOUNDARY OF SAID UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDEDIN PLAT BOOK 28 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA A DISTANCE OF 22247 TO A POINT ON THE NORTHERLY RIGHTOFWAY OF BAYSHORE BOULEVARD A 100 RIGHTOFWAY THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 36831 A CHORD BEARING OF N413548E AND A CHORD DISTANCE OF 14617 TO A POINT OF TANGENCY THENCE N610231E ALONG SAID TANGENT RIGHTOFWAY A DISTANCE OF 18466 TO AN INTERSECTION WITH THE SOUTHERLY RIGHTOFWAY OF DREW STREET CURRENTLY A 33 RIGHTOFWAY THENCE N892950W ALONG SAID SOUTHERLY RIGHTOFWAY 33 FROM AND PARALLEL TO THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 24221 TO THE POINT OF BEGINNING CONTAINING 23549 SQUARE FEET 054 ACRES MOL TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY EAST ACROSS THE 100 RIGHTOFWAY FOR BAYSHORE BOULEVARD AS RECORDED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 BEING FURTHER DESCRIBED AS FOLLOWS THE NORTH 22247 OF THE NORTHWEST 14 OF SECTION 16 TOWNSHIP 29S RANGE 16E LYING BETWEEN THE EASTERLY LINE OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 28 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPABAY LESS A 100 RIGHTOFWAY FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO 80 DATED AUGUST 4 1925 RIPARIAN RIGHTS GRANTED ARE LIMITED TO THE LESSER OF A FIFTY 50 FEET FROM THE UPLAND OR B THE MAXIMUM DOCK LENGTH PERMITTED BY LAW WHICHEVER IS THE LEAST LESS AND EXCEPT LANDS KNOWN AS THE EASTER TRACT RECORDED IN OFFICIAL RECORDS BOOK 16135PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA TOTAL AREA 13105 ACRES MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS IN THE ABOVE DESCRIBED LEGAL DESCRIPTION SHOWN WITH AN ASTERICK BOTH SHOULD BE CHANGED TO SHOW NORTHEAST OR NE INSTEAD OF NORTHWEST NW Exhibit B ZONING MAP Owners: Clearwater Christian College Case: DVA2010-06001 LUP2016-03003 REZ2016-03003 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning PIN: 16-29-16-00000-120-0100 16-29-16-00000-140-0100 16-29-16-00000-130-0200 16-29-16-00000-110-0100 From : To: I, P, R/OS, & I, P, & OS/R Water/Drainage Feature I, CG, P, R/OS, RL, & I, C, P, LDR, & Water/Drainage Feature OS/R Atlas Page: 292B OS/R P P P D A M A SC U S R D CO URT NE Y CAM P B E LL C SW Y DREW ST BAY LN BAYSHORE BLVD P P C LMDR OS/R MDR I MHP OS/R DR O OS/R OS/R OS/R OS/R OS/R OS I C I LDR OS/R LDR LDR OS/R I LDR LDR LDR LDR LDR OS/R LDR LDR LDR -N o t t o S c a l e - -N o t a S u r v e y - Community Development Board –April 19, 2016 REZ2016-03003-Page 1of 10 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENTSTAFF REPORT MEETING DATE:April 19, 2016 AGENDA ITEM:G.3. CASE:REZ2016-03003 REQUEST:To amend the Zoning Atlasfrom the Institutional (I), Preservation (P), and Open Space/Recreation(OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts GENERAL DATA: Applicant .........................City of Clearwater Initiated Amendment (Planning & Development Department), per mutual, conditional termination of DVA2010-06001 Owner .............................Clearwater Christian College Private School, Inc. Location..........................3400 Gulf-to-Bay Boulevard, located on the north side of Gulf- to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard PropertySize ...................131.05 acres BACKGROUND: The subject site is comprised offour parcels of land 131.05 acres in area, located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The City of Clearwateris initiating an amendmentto the parcels’ zoningdesignationsfrom the Institutional (I), Preservation (P), and Open Space/Recreation(OS/R)Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R) Districts per the mutual, conditional termination of companion case DVA2010-06001for the same property. The property owner, Clearwater Christian College Private School, Inc., previously requested amendments to the City’s Future Land Use Map and Zoning Atlas which were approved by City Council in October 2010 (Case No. Community Development Board –April 19, 2016 REZ2016-03003 –Page 2of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION LUZ2010-06002). The 2010 amendments increasedthe amount of area designated Institutional (I) on the City’s Future Land Use Map and Zoning Atlas (“expanded Institutional area”) in order to accommodate growth of the college. An approveddevelopment agreement establishesa master plan for the developed portion of the property(Case No. DVA2010-06001, as amended). The development agreement divides the site into two areas, a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres). Any new development would be concentrated within the expandedInstitutional (I) area and must bein substantial conformance with the approvedmaster plan. The approved agreement requires the developer to seek approval of amitigation plan to addressthe objectives of hydrologic restoration and habitat enhancement, either through a mitigation bank or other appropriatemitigation measures still meeting the standards in the mitigation plan. The U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD)havenot granted approval of a mitigation plan to date. The terms of the developmentagreement obligated the City to promptly process the Future Land Use Map and Zoning Atlas amendments, which were processed concurrentlyand approved by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority, as well as the Florida Department of Community Affairs(now Department of Economic Opportunity). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 for approval of the proposed jurisdictional line. Recently, the City hasengaged in contract negotiations to purchase the majority of the subject property designated as Preservation (P) on the Zoning Atlas, as wellas additional property owned by the college but not part of the original amendment application. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects.While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same.The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’spurchase of a portion of the college’s land(request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of Community Development Board –April 19, 2016 REZ2016-03003 –Page 3of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION the time ofexecution of thedevelopment agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Future Land Use Map and Zoning Atlas in order to comply with this provision (see concurrent case LUP2016-03003). ANALYSIS: Vicinity Characteristics: The subject propertyis primarily surrounded by water and wetlandareas to the north and east, as part of Coopers Bayou and Tampa Bay, which are designated as Preservation (P) on the City’s Zoning Atlas. Properties to the south are primarily designated Open Space/Recreation (OS/R) District. This land includes the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and the associated FDOT right-of-way, as well as the City’s gateway feature (obelisk)and associated parking. Adjacent to the southwest, parcels are designated Commercial (C) and Preservation (P) Districts. One parcel is developed with a FDOT office, and the others are vacant. Properties to the west across Bayshore Boulevard are developed with attached and detached dwellings, and are located withinseveral different zoning districts, includingLow Medium Density Residential (LMDR), Medium Density Residential (MDR) and Mobile Home Park (MHP) Districts. A complete listing of the surrounding usesand Zoning Atlas designations are shown in Table 1. In order to provide clarity regarding the request, maps showing the current zoning designations (as approved in October 2010) and the proposed zoning designations are also provided below. Table 1. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Existing Use(s)FLUM Designation Zoning Atlas Designation North: Wetlands, Coopers Bayou Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) Preservation (P), Open Space/Recreation (OS/R) East: Wetlands Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) Preservation (P), Open Space/Recreation (OS/R) South: Courtney Campbell Causeway/ Gulf-to-Bay Boulevard, FDOT Office, Vacant Recreation/Open Space (R/OS), Commercial General (CG), Preservation (P) Open Space/Recreation (OS/R), Commercial (C), Preservation (P) West: Residential Residential Urban (RU), Residential Low Medium (RLM), Preservation (P) Medium Density Residential (MDR), Mobile Home Park (MHP), Low Medium Density Residential (LMDR), Preservation (P) Community Development Board –April 19, 2016 REZ2016-03003 –Page 4of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Community Development Board –April 19, 2016 REZ2016-03003 –Page 5of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless itcomplies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F: Table 4. Consistency with Community Development Code Standards CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvementsand the natural environment. X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Wetlands Protection Goal, Objectives and Policies: GoalA.1 The City of Clearwater shall continue to protect natural resources and systems throughout the city and ensure that these resources are successfully integrated into the urban environment through land development regulations, management programs, and coordination with future land use intensities and categories. Objective A.1.1 On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Community Development Board –April 19, 2016 REZ2016-03003 –Page 6of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Policy A.1.1.1 Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils,or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City’s Community Development Code Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by “Preservation” (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Objective G.1.4 Preserve natural open space areas which constitute aesthetic, and/or ecological community assets. Policy G.1.4.3 Continue to designate appropriate land “Preservation” and “Recreation/Open Space” in the Future Land Use Plan whenever feasible. Coastal Storm Area Objectiveand Policy: Objective A.1.2 Population densities in the coastal storm areas are restricted to the maximum density allowed by the Countywide Future Land Use Designation of the property, except for specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, in which case densities identified in Beach by Design shall govern. All densities in the coastal storm area shall be consistent with the Pinellas County Comprehensive Emergency Management Plan and the Regional Hurricane Evacuation Study. Policy A.1.2.2 Continue to cooperatewith the Tampa Bay Regional Planning Council and Pinellas County to meet the regional objectives for evacuation of permanent populations as well as other emergency concerns. The proposed amendment furthers the following purposes of the Community Development Code (CDC), as found in Section 1-103: It is the further purpose of this Development Code to: Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; (Section 1-103.E.5, CDC) Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions; (Section 1-103.E.6, CDC) Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; (Section 1- 103.E.6, CDC) Recommended Conclusions of Law: Therequest does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and it supports theplan as indicated in the goal, objectives and policies Community Development Board –April 19, 2016 REZ2016-03003 –Page 7of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION listed above. Additionally, it furthers the purposes of the Community Development Code as outlined.The proposed amendment returns the parcels’ designations to those which were previously depicted on the City’s Zoning Atlas. The college decided to no longer pursue a new jurisdictional line which would have allowed, withan approved mitigation plan,impactscertain wetland areas that were designated as Institutional (I) through the 2010 amendment. Although limited portions of those wetlands will be designated with Low Density Residential(LDR), Commercial (C), Open Space/Recreation (OS/R) and Institutional (I)Districts as they had previouslybeendesignated, there would no longer be adevelopmentagreement allowing the property owner to pursue the same impacts to the wetlands. Future development on the uplands portion of the property designated Institutional (I) District would need to comply with any restrictions related to its location in the Coastal Storm Area. Compatibility with Surrounding Property/Character of the City & Neighborhood [Sections 4-602.F.2, 4-602.F.3 and 4-602.F.4] Recommended Findings of Fact: The subject property is located on the north side of Gulf-to-Bay Boulevard at the easternmost edge of the City of Clearwater boundaries. Development on the property is concentrated on the upland area located in the southeast corner of the site which is currently designated Institutional (I) District and accessed by Damascus Road. The Courtney Campbell Causeway / Gulf-to-Bay Boulevard islocated on the south side of the property. Area within the subject site is primarily wetlands which continue to the north and east. To the west across Bayshore Drive are single and multi-family homes designated with Low Medium Density Residential (LMDR)and Medium Density Residential (MDR)zoning. The Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts primarily permit residential uses.Table 1 includes a complete list of the surrounding uses and Zoning Atlas designations. The proposed Institutional(I) District will allow a portion of the site (uplands) to continue to be used as an educational facility or school, while designating the majority of the remainder of the parcel as Preservation(P) will continue to protect the wetlands that surround the existing campus and facilities. The uses available to the siteare consistent with other development in the area, and provisions in the Community Development Code will be used to ensure continued compatibility with the surrounding uses, including the neighborhoods to the west across Bayshore Boulevard. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area.Further, institutional uses allowed on the developable land proposed to remain designated with Institutional (I) District are compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Community Development Board –April 19, 2016 REZ2016-03003 –Page 8of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: The total area of the subject property is 131.05 acres (5,708,538 square feet). The site is currently developed with educational facilities, dormitories, athletic fields and parking to support the college. The expandedInstitutional area, as currently designated,could yield up to 288 dwelling units (864 dormitory beds) or a floor area of 653,203 square feetthrough the Institutional (I) future land use category. The development agreement limitsthe allowable development within the expanded Institutionalarea to up to 170,000 square feet of nonresidential floor area (0.169 FAR) and up to 750 dormitory beds (equivalent of 250 dwelling units). At the time of the original amendments, applications for future land use and zoning amendments were submitted as a combined application (LUZ) and a unified public facilities analysis was completed. The previous analysis compared the development potential of the expanded Institutional area as restricted by the development agreement with that which was allowed through the previous entitlements in this same area. At the time it was completed, the proposal was to expand the Institutional area to 26.55 acres; this area was later constricted to 23.07 acres of Institutional (I) as currently depicted on the Future Land Use Map. The 2010 application included a traffic analysis that was approvedby the City’s Engineering Department. The traffic impact analysis submitted by the applicant used real time data to develop an accurate volume count for the adjacent segments of Gulf-to-Bay Boulevard between McMullen Booth Road and the Clearwater city limits, as well as for the intersections of Gulf-to- Bay Boulevard and Bayshore Boulevard and Gulf-to-Bay Boulevard and Damascus Road. This study indicated that the existing roadway levels of service on these segments at that time was D, peak hour, and the signals were operating at level ofservice C. Planning and Development staff also completed its own evaluation of the potential impacts to the roadways. To evaluate the potential impacts of the Zoning Atlas amendment, staff compared trips generated by the current enrollment of the college to the proposed maximum enrollment of the college, as well as toa more intensive institutional use allowed within the Institutional (I) District (church). This analysis utilizedthe estimated trip generation for specific uses based on the Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition.In both comparisons, the proposed Institutional (I) area (26.55 acres, later constricted) was anticipated to create new PM Peak Hour trips. A church use developed at the maximum intensity in the Institutional (I) District (751,736 square feet) was anticipated toresult in an increase of 292PM Peak trips on Gulf-to-Bay Boulevard (Courtney Campbell Causeway). The 2010 public facilities analysis also concluded that there would be increased demand for potable water, wastewater, and solid waste service, butthe increase would not negatively impact the City’s ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit werenot anticipated be affected by the amendment. This amendment reverts the zoning designations to those in place prior to the 2010 Zoning Atlas amendment. As such, it is expected that the proposed amendment would result in decreased Community Development Board –April 19, 2016 REZ2016-03003 –Page 9of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION demand on the same facilities previously evaluated. As such, an in depth analysis was not completed at this time. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed amendmentwill not result in the degradation of the existing levelsof service on theCourtney Campbell Causeway segment of Gulf-to-Bay Boulevard. Where the 2010 amendment was expected toresult in an increase in demand for potable water and generation of wastewater, as well as solid waste, this amendment is expected toresult in a corresponding decrease in the potential demandfor these services. There is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: Development on the subject site is concentrated within the southeast portion of the site (uplands area). The location of the proposed Institutional (I) District boundaries is an appropriate classification for the uplands; however, portions of the wetlands were previously designated with Institutional (I) Districtprior to the 2010 amendments. Other portions of wetlands were previously Low Density Residential (LDR), Commercial (C), and Open Space/Recreation (OS/R) Districts, and are proposed to revert back. This would result in boundaries that are not all drawn consistent with existing improvements and the natural environment.If the proposed mutual, conditional termination of the development agreementis approved, the zoning designations must revert back to those in place prior to the 2010 Zoning Atlas amendment. It is anticipated that the City will utilize the map adjustment process provided for through the Countywide Rules (Section 7.3.8.5) and the Community Development Code to make these consistent with the wetlandboundaries. Recommended Conclusions of Law: The zoning district boundaries are drawn consistent with the boundaries that were in place prior to the 2010 Zoning Atlas amendments, as required upon termination of the development agreement. Planning and Development staff will utilize the appropriate procedures to administratively adjust the boundaries according to the wetland boundaries. Community Development Board –April 19, 2016 REZ2016-03003 –Page 10of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for a Zoning Atlasamendment from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Resume Photographs of Site and Vicinity 1. View looking north from Gulf-to-Bay Blvd at subject property 2. View looking south from Gulf-to-Bay Blvd 4. View looking north across existing athletics fields towards Preservation area (2010). 3. Representative buildings on subject property (2010). . 5. View looking west from existing parking lot on subject property towards Preservation area (2010). 6. View looking north from existing parking lot on subject property towards Preservation area (2010). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 1 of 3 7. View looking northeasterly along Damascus Road at subject property 8. View looking north along BayshoreDrive at typical single family housing located across BayshoreDrive from subject property Preservation area 9. View looking north along BayshoreDrive at typical multi- family housing located across BayshoreDrive from subject property Preservation area 10. View looking east from BayshoreDrive at Johns Parkway at subject property Preservation area . 11. View looking northerly along BayshoreDrive at Johns Parkway 12. View looking southerly along BayshoreDrive at Johns Parkway LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 2 of 3 cal e - rve y - DREW ST DREW ST BAY LNBAYLN -N o t t o S c -N o t a S u r VD VD K ST K ST BAY LN BAY LN 10/11/12 BAYSHORE BLV BAYSHORE BLV S R D U S R D DOWNING ST DOWNING ST JOHNS PKWY JOHNS PKWY 3 4 6 9 10/11/12 D A M A S C U S D A M A S C U S ELL CSWYCAMPBELLCSWY 2 5 8 7 COURTNEY CAMPBELL CSWY COURTNEY CAMPBELL CSWY 1 . Location Map for site photographs (pages 1-2). LUP2016-03003 & REZ2016-03003 City of Clearwater Initiated Amendment, per mutual, conditional termination of DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 3 of 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2317 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same, and adopt Resolution 16-11. SUMMARY: The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2016. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 square feet, more or less, of state bottomlands. On February 1, 2016, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City’s interest in renewing the subject lease for another five years. The renewal is processed after the new rates come out annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The City paid an annual lease fee for 2016/2017 of $5,607.08 on April 4, 2016, from the Pier 60 operating budget. The DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .343812 times the 14,450 square foot of bottomland. The cost of renewing the lease instrument for five years is $639.00. On January 1, 2006, the DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to the DEP. The income made on admission and fish passes from April 2015 through March 2016 was $279,873.70. This amount times 6% is $16,792.42. Because this is more than the 2015/2016 base fee of $4,892.74, the city will owe the DEP an additional $11,899.68 from the Pier operating fund. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01374-544300, Land Rent, to fund this agreement. Page 1 City of Clearwater Printed on 4/15/2016 [A04-01371 /182413/2]A04-01371 /182413/2Resolution No. 16-11 RESOLUTION NO. 16-11 A RESOLUTION OF THECITY COUNCIL OF THECITY OF CLEARWATER, FLORIDA, APPROVING SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL NO. 520010893 WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING EXECUTION BY THE CITY MANAGER AND THE MAYOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida (“City”) has constructed and operates Pier 60, a public,recreational pier on Clearwater Beach extending from City-owned lands onto submerged, sovereign lands and waters of the State of Florida in the Gulf of Mexico; and, WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (“TIIF”) hasadministrative authority over such submerged, sovereign lands and waters; and, WHEREAS, the City has applied to TIIF for a 5 year renewal of the lease for such submerged, sovereign lands and waters beneath Pier 60; and, WHEREAS, the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of TIIF, proposes renewing such lease withthe Cityvia SovereignSubmerged Lands Lease Renewal No. 520010893, which is attached hereto as “Exhibit A;”and, WHEREAS, said lease renewalhas been duly considered by the City Council; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.The City Council approves renewing the agreement attached hereto in Exhibit “A”for a term of five (5) years, and the City Council finds that the City’s purpose for this lease is a valid, public one. Section 2. TheCity Council authorizes both theCity Managerand Mayor executethe agreement attached hereto in Exhibit “A,”on behalf of the City of Clearwater. Section 3. This resolution shall take effect immediately upon adoption. [A04-01371 /182413/2]A04-01371 /182413/2Resolution No. 16-11 PASSED AND ADOPTED this _______ day of _____________,2016. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2293 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Blanket Purchase Order (contract) to Water Specialists Technologies LLC of Sanford, FL in the amount of $183,700.00 for the purchase of copper precipitant TR-50 for a one-year period, May 1, 2016 through April 30, 2017, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). TR-50 is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surface waters. The FDEP permitted effluent limit for copper is 3.7 parts per billion. This is a proprietary, sole source product as referenced in the Clearwater Code of Ordinances, Section 2.564(1)(b). TR-50 was selected for use in 2006 after an extensive engineering study was undertaken to select the product best capable of allowing the City’s facilities to meet FDEP permit requirements, while not causing any toxicity, creating any chemical interaction side effects, and being the most cost-effective. Water Specialists Technologies is the sole source and manufacturer of TR-50. They hold patent number 4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer of this product. Water Specialists Technologies does not currently have any other TR-50 distributors within the state of Florida. This product has met all expectations and has performed very well. It has not exhibited any toxicity and has not created any chemical interaction related ill-effects. The plants have met the FDEP/USEPA copper limitation ever since the chemical began being used. Water Specialists Technologies has held Clearwater’s discounted price for this chemistry at or below their distributors’ pricing for many years. The sole source letter also reflects our arrangement for the return of used totes, an offer that is not extended to any of their other customers. APPROPRIATION CODE AND AMOUNT: 0421-01351-551000-535-000-0000 $77,154.00 Fiscal Year 15/16 0421-01351-551000-535-000-0000 $106,546.00 Fiscal Year 16/17 Sufficient funding is available in the Water & Sewer Utility Fund operating cost center 0421-01351, Wastewater Environmental Technologies Operations, in the amount of $77,154.00 to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $106,546.00 occurring in fiscal year 2017 will be included in the Water and Sewer Utility Fund recommended operating budget from the Public Utilities Director. Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2293 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 1515 Kastner Place Sanford, FL 32771 USA Phone: 321-7910 Fax: 407-321-3098 DATE:March 2, 2016 TO:Flo Reichert SUBJ:TR-50 Precipitant Water Specialists Technologies LLC is pleased to extend the current discounted pricing of $0.55/lb. FOB our facility in Sanford, FL for totes of our TR-50 Precipitantto Clearwater for the periodfrom May 1, 2016to April 30, 2017. This discounted price is contingent upon Clearwater’s return of empty used totes in good condition (no puncturesor markings) and the original caps in place. Please let me know if you have any questions or if more information is required. Pam McKenzie Business Manager Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2305 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to H and H Liquid Sludge Disposal, Inc. of Branford, FL, in the annual amount of $596,400.00, with the option for two, one-year term extensions for the purchase of biosolids services (ITB 21-16), and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Water Reclamation Facilities (WRF) produce a residual product (biosolids) that requires hauling and disposal. The contractor is required to provide two basic services: (1) remove and dispose of stabilized (Class B) dewatered biosolids from the Marshall Street and Northeast WRFs; and (2) transport unstabilized liquid domestic wastewater residuals from the City ’s East WRF to the Northeast WRF for treatment and dewatering. In addition, alternate services as outlined in the RFP, and for which unit prices were provided in the contractor ’s bid, may be provided at the City’s direction should specific emergency conditions develop at one or more of our facilities. The contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C., and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP), the United States Environmental Protection Agency (USEPA) residuals treatment and disposal regulations, all other applicable federal, state and local regulations, and any changes made to these regulations during the contract period. The City’s current contract for the hauling and disposal of biosolids expires April 30, 2016. In response to the request for proposal ITB 21-16, three responses were received March 24, 2016. H and H Liquid Sludge Disposal, Inc. represented the lowest responsive, responsible bidder for Base Bid Services at $26.05/wet ton for stabilized biosolids cake removal and disposal and $0.0345/gallon for unstabilized liquid sludge transport. The contract will be effective for an initial one -year period in the annual amount of $596,400.00 with two, one-year renewal options. Years two and three allow for cost increases based on the Consumer Price Index (CPI) or Producer Price Index (PPI), not to exceed 5% of the prior annual amount; a maximum of $626,220.00 (year two) and $657,531.00 (year three). APPROPRIATION CODE AND AMOUNT: 0421-01351-530300-535-000-0000 $250,700.00 Fiscal Year 15/16 0421-01351-530300-535-000-0000 $345,700.00 Fiscal Year 16/17 Sufficient funding is available in the Water and Sewer Utility Fund operating cost center 0421-01351, Wastewater Environmental Technologies Operations, in the amount of $250,700.00 to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $345,700.00 occurring in fiscal year 2017 will be included in the Water and Sewer Utility Fund recommended operating budget from the Public Utilities Director. Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2305 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/15/2016 CITY OF CLEARWATER Apparent Low Bidder ITB # 21-16 - Biosolids Management Services Vendor did not submit price DUE DATE: March 24, 2016; 10:00 AM BID TABULATION Item No.Description Unit Price Estimated Annual Quantity Total Annual Price Unit Price Estimated Annual Quantity Total Annual Price Estimated Annual Quantity Total Annual Price 1A Stabilized (Class B) Biosolids (Dewatered Cake) to Land Application, removed from Northeast WRF $ 58.83 7,600 WET TONS $ 447,108.00 $ 26.05 7,600 WET TONS $ 197,980.00 $ 31.00 7,600 WET TONS $ 235,600.00 1B Stabilized (Class B) Biosolids (Dewatered Cake) to Land Application, Removed from Marshall Street WRF $ 58.83 5,500 WET TONS $ 323,565.00 $ 26.05 5,500 WET TONS $ 143,275.00 $ 31.00 5,500 WET TONS $ 170,500.00 2 Unstabilized Liquid Sludge (approximately 5% total solids) from East WRF to NE WRF (est. 65,000 gallons PER WEEK) $ 0.033 3,380,000 GALLONS $ 111,540.00 $ 0.0345 3,380,000 GALLONS $ 116,610.00 $ 0.0300 3,380,000 GALLONS $ 101,400.00 $ 882,213.00 $ 457,865.00 $ 507,500.00 Item No.Description Unit Price Estimated Annual Quantity Total Annual Price Unit Price Estimated Annual Quantity Total Annual Price Unit Price Estimated Annual Quantity Total Annual Price Alt. 1 Class B Biosolids Requiring Incorporation, from the Marshal Street and/or the Northeast WRF (est. 260 wet tons PER WEEK) $ 58.83 13,520 WET TONS $ 795,381.60 $ 28.60 13,520 WET TONS $ 386,672.00 $ 31.00 13,520 WET TONS $ 419,120.00 Alt. 2 Unstabilized Sludge (Dewatered Cake) to RMF, from the Marshall Street WRF and/or the Northeast WRF $ 58.83 13,520 WET TONS $ 795,381.60 N/A 13,520 WET TONS $ - $ 71.00 13,520 WET TONS $ 959,920.00 Alt. 3 Unstabilized Sludge (Dewatered Cake) to Landfill, from the Marshall Street WRF and/or the Northeast WRF $ 58.83 13,520 WET TONS $ 795,381.60 $ 72.50 13,520 WET TONS $ 980,200.00 $ 78.75 13,520 WET TONS $ 1,064,700.00 Alt. 4 Unstabilized Liquid Sludge (approximately 5% total solids) from Marshall Street WRF to Northeast WRF (additional truck requirement, est. 60,000 gallons PER WEEK) $ 0.06 3,120,000 GALLONS $ 187,200.00 $ 0.08 3,120,000 GALLONS $ 249,600.00 $ 0.030 3,120,000 GALLONS $ 93,600.00 Alt. 5 Unstabilized Liquid Sludge (approximately 5% total solids) from East WRF to Marshall Street WRF (est. 65,000 gallons PER WEEK) $ 0.06 3,380,000 GALLONS $ 202,800.00 $ 0.08 3,380,000 GALLONS $ 270,400.00 $ 0.030 3,380,000 GALLONS $ 101,400.00 $ 2,776,144.80 $ 1,886,872.00 $ 2,638,740.00 TOTAL ALTERNATE BID TOTAL ALTERNATE BID TOTAL ALTERNATE BID Alternate Bid Items Base Bid Items Appalachian Material Services, Inc Synagro South LLCAppalachian Material Services, Inc H & H Liquid Sludge Disposal, Inc TOTAL BASE BID TOTAL BASE BID TOTAL BASE BID H & H Liquid Sludge Disposal, Inc Synagro South LLC Page 1 of 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2313 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Reappoint Denise L. Rosenberger to the Airpark Advisory Board with a term to expire April 30, 2020. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Denise L. Rosenberger MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM. (AT THIS TIME THERE ARE NO INTERESTED NOMINEES THAT WISH TO BE CONSIDERED) 1. Denise L. Rosenberger - 15 N. Meteor Ave., 33765 - Floral Designer Original Appointment: 7/17/08 (0 Absences in the last year) Interest in reappointment: Yes - (serving 2nd term until 4/30/16) Zip codes of current members on board: 2 - 33755 1 - 33759 1 - 33765 1 - 33767 Note - At this time, there are no other applicants on file. Page 1 City of Clearwater Printed on 4/15/2016 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly Name: ..J t'1 l,S. oiEs` OFPr': M,! , :1- ,r - ' A RECEIVED Home Address: 11nn - o 'E'q wo er Zip 337 &S 737- Vq `/- c»ig 7 a7- 3(0S- 06.7' Telephone: Cell Phone: Office Address: Zip Telephone: E -mail Address: % 1 ri Jcesr(5-- u io 1 C-CkY1 How long a resident of Clearwater? 1 he.-& 19- e' II dd n Employer: 1L C () 1 1 C (.dad dOccupation: Q IV Field of Education: Other Work Experience: aC v o o6 044;..4i+ f /jcdt S o If retired, former occupation: N Community Activities: 9q '3 G-Y a-vdo Ll-c h O2s L 4i- 1,, jiv‘tO *" (z-c- ,oeoc — ci.,.„1 Other Interests: -Fi 64-a%tto , N dicyte, O_xN C;e -nC! c -4-V cr 1 r icri- Board Service (current and past): Board Preference: ucov i6d IAA), o 601 U 1s dt Additional Comments: lirkfACLKAAA- 2 Signature:''- Date: 3 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I C VvL Ca1%l %fit te/1\ ` i I d a t./po d u3-c- (A-A04-4wolfg- Ct 6:vid Q)18/0JA Aus ydirp-kAf P cd,k* ,` L SS lam_ + S o eic o O-no) !7' 14'<- c(41 CVu -"c`P 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Vla ccAvrtacia cd-c acith-so4czvot Qiudwo ye,A, 60.cat eat,Acittd-o_i2 c-\ct (re oiscd_eazcv / rt) 'Tr I T r17 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Oxvn Q.01/11oluz-01.0-0 0-q( 4-7441-k-n4L,sw-je,/,(AI tThIrieteA-ck.6@ OtuJ-4-cvwt JA)0L u,) 4/L. 4 r02 c l( C)/Y C1-566t- Cj- 5 C )00L CMkli +Pi o cl,ra d (,<i O' fuz.oJ e cl ` c VL" G i(C 4. Why do you want to serve on this Board? v" yin r lo Jsc.v id-w2//a culCYC` 0%-40e 0,141/7)/Q44 ,ece,b4 0,0 0L5-6226/cui 7-67 Name: eSe Board Name: CCAlaaiii061 v'`S Cit 860-‹_c%' Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2315 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Appoint one member to the Parks and Recreation Board to fill the remainder of an unexpired term through May 31, 2018. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Ric Ortega MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Long Center - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Carmen Santiago - 1101 Tuskawilla Drive, #2, 33756 - Victim/Witness Coord. Original Appointment - 5/15/14 (was serving 1st term to expire 5/31/18) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Kristin Langley - 1101 Maximo Avenue, 33759 - Consultant 2. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist Zip codes of current members on board: 1 at 33755 Page 1 City of Clearwater Printed on 4/15/2016 File Number: ID#16-2315 1 at 33756 1 at 33761 1 at 33764 1 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 4/15/2016 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Kristin Langley Home Address: 1101 Maximo Avenue Office Address: 1101 Maximo Avenue Zip 33759 Zip 33759 Telephone: 727-712-3034 Telephone: 727-712-3034 Cell Phone: 727421-2380 Email Address: klangley1101@gmaiLcom How long a resident of Clearwater? 16 years Consultant Employer: mployer: self employed Field of Education: Other Work Experience: Degrees in business administration, liberal Project manager, contract writer, and arts, risk & insurance, CPCU, and PMP risk manager If retired, former occupation: Community Activities: Del Oro Groves Neighborhood Association board; clean up Del Oro Park Other Interests: reading, walking, biking, environment and nature Board Service (current and past): Board Preference: Parks & Recreation Additional Comments: My grandparents lived in Clearwater in the 1950s. I loved visiting and was glad to return to live here as an adult. 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. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the followincl: Current voter registration within city limits RECEIVED Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limitsR 3 1 2016 OFFICIAL RECORDS AND LEGISLATIVE SIMS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Working within the budget, the board is a liaison to the community, keeps current on projects and activities, and works to maintain the best parks and recreational facilities in the state. 2. Have you ever observed a board meeting either in person or on the City's TV station C-View? yes, on TV - council meetings, municipal code enforcement, and environmental board 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have provided consulting services and project management to companies and governmental organizations for several decades. As a consultant, I have to dive in, learn, listen, and then help and guide. 4. Why do you want to serve on this Board? Our parks and recreational facilities are as important to Clearwater as our beaches. I love that I can walk in the parks and see so much wildlife, children playing in the playgrounds and others in the tennis courts and fields. The REC centers are first rate. I want to be part of the group of people who keep them the place where I and so many others look forward to playing and spending free time. Name: Kristin Langley Board Name: Parks and Recreation 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 /i, € > 1i 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 Jut. 13 .10/5 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is set up to help with maintaining the parks and recreational facilities within the guidelines of the state, city and in the communities' best interest while helping to create an environment that is both managed correctly and advised to control budget, thoughts of what's needed and brainstorming. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, in the past 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have a Master's in education and Bachelor's in art. I live and partake in my local parks and I think they are one of our greatest assets in preserving natural habitats. I believe that I listen well and will look to increase an educational and involved community. I have used nature as a spring board for artistic projects and know that as an artist the recreational facilities offer more than what many people realize. I also believe it is my responsibility as a citizen to protect nature and to be informed and involved with what happens around me. 4. Why do you want to serve on this Board? I want to increase my involvement within my community and have a stronger understanding of what is needed. To perhaps help with projects and ideas to help maintain and increase community participation and I love nature, and wildlife. Name: Michelle Thomann - Ramirez Board Name: Michelle Ramirez RECEIVED JAN 0 5 2016 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2358 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Reschedule the June 2, 2016 Council Meeting to Tuesday, May 31, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. (consent) SUMMARY: The Mayor and City Manager have been invited to attend Clearwater High School’s graduation ceremony on June 2, 2016 at 7:00 p.m. at Bright House Field. Council has scheduled a council meeting on Thursday, June 2, 2916 at 6:00 p.m. Staff is recommending cancelling the work session scheduled on May 31 at 1:00 p.m. and holding a council meeting only that week. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2247 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. SUMMARY: Page 1 City of Clearwater Printed on 4/15/2016 Regional and Miscellaneous Boards 2016 Appointments Board (Date/Time of Meeting)Delegate American Public Gas Association Cretekos (Chuck Warrington –Gas)Hamilton –Alt. (meet 4 times a year –move around the Country) Area Agency on Aging of Pasco/Pinellas Kerry Marsalek (3rd Monday of the month–9:30 a.m.)Office on Aging Mgr Location:AAAPP in St. Pete Barrier Island Governmental Council Cretekos–Voting Del. (4th Wednesday of the month –9:00 a.m.; two-year term)Hamilton–Alt. Location:TBA (Meeting place rotates) Courtney Campbell Scenic Highway Citizen Advisory Committee Jonson (3rd Friday –10:00 a.m.) Homeless Leadership Board Polglaze (1st Friday of the month –1:00 p.m.) Location:Hospice of the Florida Suncoast on Roosevelt Blvd. Mayor’s Council of Pinellas County Cretekos (1st Wednesday of the month –11:30 a.m.) Pinellas Collaborative Committee Caudell (Meet as needed –9:00 a.m.) Location:600 Cleveland St., Suite 750 Pinellas County Aircraft Noise Abatement Task Force Michael Short –(At Large) (Quarterly–3:00 p.m.) Location:St. Pete-Clearwater Int’l Airport –Conf. Room #234) School Transportation Safety Committee Caudell (Meetas needed –9:30 a.m.) Location:600 Cleveland St., Suite 750 Suncoast League of Cities Board Jonson (Every month on a Saturday –11:00 a.m.)Hamilton–Alt. Location:Different city every month Tampa Bay Estuary Policy Board Polglaze (Quarterly on Friday –10:00 a.m.) Councilmember highly recommended Location:Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste. 100, Pinellas Park Tampa Bay Partnership Policy Board Cretekos (Every other month–9:00 a.m.)Polglaze–Alt. Location:TBA (various locations) Tampa Bay Regional Planning Council (TBRPC)Hamilton (2nd Monday –10:00 a.m.) Location:Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste.100, Pinellas Park The following Boards have the specific term expiration date noted: Board (Date/Time of Meeting)Delegate Bicycle Advisory Committee (BAC)Chip Haynes Advisory Committee to the MPO (4th Monday each month –8:30 a.m.) No seat terms City makes recommendation to MPO and MPO makes official appointment Citizens Advisory Committee (CAC)Neil C. McMullen Advisory Committee to the MPO Karen G. Cunningham (4th Thursday each month –7:00 p.m.–4 year term) City makes recommendation to MPO and MPO makesofficial appointment Mr. McMullen–recommended by city council 4/2/15 Ms. Cunningham–recommended by city council 1/21/16 Metropolitan Planning Organization (MPO)& Pinellas Planning Caudell(Both) Council (PPC) MPO/PPC-(2nd Wednesday of the month –1:00 p.m.) (term expires 9/12/2017;four-year term) Location:P.C. Courthouse, 5th Floor Pension Advisory Committee (PAC)Jonson (2nd Thursday –9:00 a.m.)4/4/2017 (two-year term)Hamilton 4/4/2016 Caudell 4/4/2016 Pinellas Suncoast Transit Authority (PSTA)Jonson (4th Wednesdayof the month–9:00 a.m.) (term expires 9/30/2015;three-year term) Location:PSTA, St. Petersburg Sister Cities Advisory Board Hamilton (term expires 4/30/18;four-year term) Appointments by other entities: Downtown Development Board Ex-Officio Members Jonson (CRA Trustees)Polglaze (1st Wednesday of the month –5:30 p.m.) Florida League of Mayors Cretekos Tourist Development Council Cretekos (City Council makes recommendation/County makes appointment) (term expires 10/31/2016; four-year term) U.S. Conference of Mayors Cretekos WorkNet Pinellas Board*Hamilton (Quarterly –11:45a.m.) Location:EpiCenter in Clearwater *8/8/13 –Per Diana Day, Adm. Asst., WorkNet Pinellas Board,anelected official is no longer a requirement & there’s no term expiration. Currently councilmember Hamiltonis a non-voting committee member &has the option to attend this board. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2289 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Request authority to institute a civil action on behalf of the City against Gulfcoast Concrete Service, Inc. to recover $704.36 for damages to city property. (consent) SUMMARY: On November 6, 2014, employees of Gulfcoast Concrete Service, Inc. hit 3 feet of a 2-inch gas service line with a bobcat front loader. The cost to repair the gas line was $704.36. Demand letters have been sent to Gulfcoast Concrete Service, Inc. but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2291 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Malcolmson Construction Company, Inc. to recover $1,692.42 for damages to city property. (consent) SUMMARY: On March 7, 2014, a Malcolmson Construction Company, Inc. crewmember scraped the top of a 2-in. main line with a backhoe. On March 20, 2014, a Malcolmson Construction Company, Inc. crewmember hit a tap and broke a 2-in. main line with a backhoe. The cost to repair the gas lines was $1,692.42. Several letters have been sent to Malcolmson Construction Company, Inc. but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2292 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Salser Construction, LLC to recover $7,671.23 for damages to city property. (consent) SUMMARY: On May 14, 2014, a Salser Construction, LLC crew member cut a 2-in. gas main line in half with a trackhoe. The cost to repair the gas line was $7,671.23 Several letters have been sent to Salser Construction, LLC but no response has been received. Costs relative to this action will include a $300 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2294 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Duke Energy Florida, LLC to recover $19,886.34 for damages to city property. (consent) SUMMARY: On April 22, 2014, a Duke Energy Florida, LLC crewmember ran a pole auger into the top of a 6-in. Drisco gas service line. The cost to repair the gas line was $19,886.34. Several letters have been sent to Duke Energy Florida, LLC but no response has been received. Costs relative to this action will include a $300 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2295 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.5 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against GopowerFree, LLC to recover $565.09 for damages to city property. (consent) SUMMARY: On November 7, 2014, a GopowerFree, LLC crewmember cut through a 5/8-in. gas service line with a post hole digger. The cost to repair the gas line was $565.09. Several letters have been sent to GopowerFree, LLC but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2296 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.6 SUBJECT/RECOMMENDATION: Request for authority to settle the case of Bernadette Dean vs. City of Clearwater Case No. 14-009368-CI for $100,000. (consent) SUMMARY: On January 8, 2011, a city vehicle struck the vehicle driven by Bernadette Dean. As a result of the collision, Ms. Dean suffered injuries, some of which eventually required surgery. She continues to be treated for her injuries. She has incurred medical bills in excess of $200,000. Authority is being sought to settle this case for $100,000, in exchange for which the City will receive a full release and the civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2372 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: County Blue Laws - Mayor Cretekos SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2297 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: April Service Awards SUMMARY: 35 Years of Service Mark Smyth Fire Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2363 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.2 SUBJECT/RECOMMENDATION: Nall Lumber Company Day Proclamation - Carroll Nall and family SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2334 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.3 SUBJECT/RECOMMENDATION: Arbor Day Proclamation - Chuck Porthouse, P&R Department SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2354 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.4 SUBJECT/RECOMMENDATION: Civitan Awareness Month Proclamation - David Seabrooks, Civitan International SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2355 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.5 SUBJECT/RECOMMENDATION: Drinking Water Week is May 1 - 7, 2016 Proclamation - David Porter, Public Utilities Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2356 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.6 SUBJECT/RECOMMENDATION: National Landscape Architecture Month Proclamation - John Del Vitto, American Society of Landscape Architecture (Tampa Chapter) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2335 Agenda Date: 4/18/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.7 SUBJECT/RECOMMENDATION: City Employee Basketball League Award Presentation - Regina Novak, P&R SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/15/2016