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11/15/2016Tuesday, November 15, 2016 9:00 AM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda November 15, 2016Council Work Session Work Session Agenda 1. Call to Order 2. Presentations November Service Awards2.1 Fiscal Year 16-17 Tourism Services Presentation Presented by HUB, a division of J. Vero and Associates (WSO) 2.2 3. Economic Development and Housing Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment for the local government contribution that is required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for one of two 80-unit affordable senior housing development projects: Clearwater Senior Village, proposed by Jonesboro Investments Corporation and Madison Point, proposed by Madison Point, LLC; and authorize the appropriate officials to execute same. (consent) 3.1 Approve a Substantial Amendment to the City of Clearwater’s Fiscal Year 2016/2017 - Fiscal Year 2019/2020 Four-Year Consolidated Plan (Consolidated Plan) and Fiscal Year 2016-2017 Annual Action Plan to implement the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations approved for funding. (consent) 3.2 Approve five Assignment and Assumption Agreements with Habitat for Humanity of Pinellas County, Inc. assigning the City’s rights and responsibilities under five Contracts for the City’s Purchase of Real Property located within the 600 block of North Garden Avenue, Clearwater, Florida; and authorize the appropriate officials to execute same. (consent) 3.3 4. Finance Approve settlement of workers’ compensation claim 000149-005197-WC-01, Gary Milarck, for payment of $111,975.00 inclusive of attorney fees and costs with a general release of all claims and authorize the appropriate officials to execute same. (consent) 4.1 5. Parks and Recreation Award a contract to Chongqing Arlau Civic Equipment Manufacturing Co. Ltd, of Chongqing, China, for site furnishings in the amount of $150,000 annually, for one year with two one -year extension options at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 5.1 Page 2 City of Clearwater Printed on 11/10/2016 November 15, 2016Council Work Session Work Session Agenda Approve license agreement between the City of Clearwater and Stanford University to provide Stanford University’s Chronic Disease Self Management Program Evidence Based Wellness Programs (EBWP) for adults and authorize the City Manager or his designee to approve future amendments needed regarding programs or facility locations. (consent) 5.2 6. Police Department Approve annual blanket purchase orders (contracts) to Galls, LLC. of Lexington, KY, and Dana Safety Supply, Inc., of Tampa FL for the annual aggregate amount of $115,000 for the first year, with the option for two, one-year term extensions at the City’s discretion in the amount of $75,000 for each one-year extension, for the purchase of duty uniforms and associated equipment for the Police Department. (consent) 6.1 7. Engineering Provide direction on the proposed installation of a pedestrian fence (barrier) on Mandalay Avenue just north of the Clearwater Beach Entryway Roundabout. (WSO) 7.1 Ratify and confirm Emergency Seawall Repairs in the amount of $140,437.00 to Waterfront Engineering Inc. of Tampa Florida and authorize the appropriate officials to execute same. 7.2 Approve the renewal of Gator Grading and Paving, LLC, of Palmetto FL, construction contract for the 2015 Street Resurfacing Project (14-0051-EN) for two one-year terms, based on unit prices only in the amount of $4,000,000 ($2,000,000 per year), and authorize the appropriate officials to execute same. (consent) 7.3 Approve a proposal from Construction Manager at Risk Wharton-Smith, Inc. of Sanford, Florida, for construction of utilities on State Road (SR) 60 from Belcher Road to Landry Avenue (15-0040-UT) with Guaranteed Maximum Price of $696,868.70; and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Contract (Purchase Order) to CALE America Inc. in the amount of $201,048.45 for three years, December 1, 2016 through November 30, 2019, to upgrade parking meter equipment, provide for parts exchange service, and authorize the appropriate officials to execute same. (consent) 7.5 8. Fire Department Page 3 City of Clearwater Printed on 11/10/2016 November 15, 2016Council Work Session Work Session Agenda Award a contract (Purchase Order) in the amount of $ 190,434.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one 2017 Ford F450 Chassis with an Osage 148-inch Warrior Rescue, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 8.1 9. Planning Approve the annexation of 606 South Bayview Avenue and an unaddressed parcel on South Bayview Avenue located approximately 220 feet south of Gulf to Bay Boulevard; and pass Ordinance 8957-16 on first reading. (ANX2016-08028) 9.1 Approve a Future Land Use Map Amendment from the Commercial General (CG), Residential Low (RL), Residential Urban (RU), and Residential Low Medium (RLM) categories to the Institutional (I) category for 520 and 606 South Bayview Avenue and two unaddressed parcels on South Bayview Avenue; and pass Ordinance 8958-16 on first reading. (LUP2016-08007) 9.2 Approve a Zoning Atlas Amendment from the R-4, One, Two and Three Family Residential (Pinellas County), Commercial (C), Low Medium Density Residential (LMDR), and Mobile Home Park (MHP) Districts to the Institutional (I) District for 520 and 606 South Bayview Avenue and two unaddressed parcels on South Bayview Avenue; and pass Ordinance 8959-16 on first reading. (REZ2016-08004) 9.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1411 Lemon Street, together with the abutting right-of-way of Lemon Street; and pass Ordinances 8962-16, 8963-16 and 8964-16 on first reading. (ANX2016-09030) 9.4 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 3003 Merrill Avenue, together with certain right-of-way of Merrill Avenue; and pass Ordinances 8965-16, 8966-16 and 8967-16 on first reading. (ANX2016-09031) 9.5 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1749 Owen Drive; and pass Ordinances 8968-16, 8969-16 and 8970-16 on first reading. (ANX2016-09032) 9.6 Page 4 City of Clearwater Printed on 11/10/2016 November 15, 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 1305 Parkwood Street; and pass Ordinances 8971-16, 8972-16 and 8973-16 on first reading. (ANX2016-09033) 9.7 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 1740 West Lagoon Circle; and pass Ordinances 8974-16, 8975-16 and 8976-16 on first reading. (ANX2016-09034) 9.8 10. Marine & Aviation Award the Water Taxi Services Contract to Clearwater Ferry Services, Inc. for the term of two years, commencing December 1, 2016, in the amount of $439,820.04, based on their qualification as the most responsible bidder in response to Request for Proposals (RFP) 35-16, to operate a water taxi service throughout Clearwater, connecting the City’s Downtown Harbor Marina, Clearwater Beach Marina, and the Clearwater Beach Recreation Center Loading Dock, and authorize the appropriate officials to execute same. (consent) 10.1 11. Public Utilities Approve a Blanket Purchase Order (contract) to Chemtrade Chemical US LLC in the annual amount of $200,000.00 with the option for two, one-year term extensions, for the purchase of Liquid Aluminum Sulfate, and authorize the appropriate officials to execute same. (consent) 11.1 12. Official Records and Legislative Services Approve the 2017 State Legislative Priorities.12.1 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 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 5 City of Clearwater Printed on 11/10/2016 November 15, 2016Council Work Session Work Session Agenda 18. Presentation(s) for Council Meeting Citizens Academy Graduates18.1 Jazz Holiday Presentation - Steve Weinberger, Clearwater Jazz Holiday Foundation CEO 18.2 Environmental Advisory Board Report - Leann DuPont, Chair18.3 Parks and Recreation Advisory Board Report - Ric Ortega, Chair18.4 Page 6 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2939 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: November Service Awards SUMMARY: 5 Years of Service Paul Maser Police Thomas Miller Police Robert Wierzba Police Michael Bauer Marine and Aviation Jennifer Shannon Engineering Sean Bennett Public Utilities Kyle Cresci Gas Karl Haeussel Gas 10 Years of Service Davon Watson Public Utilities Joseph Herrar Solid Waste Patricia Kuligowski City Council Sidney Ferguson Engineering/Traffic 15 Years of Service Michael Evans Engineering/Stormwater Patricia Pride General Services Suzanne Melton Engineering/Stormwater Daniel Rivera Solid Waste 20 Years of Service Jeffrey Harris Information Technology 25 Years of Service Laura Davis Public Utilities Michael Quillen Engineering 35 Years of Service Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2939 Joan Martell Police Page 2 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2983 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Fiscal Year 16-17 Tourism Services Presentation Presented by HUB, a division of J. Vero and Associates (WSO) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2974 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment for the local government contribution that is required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for one of two 80-unit affordable senior housing development projects: Clearwater Senior Village, proposed by Jonesboro Investments Corporation and Madison Point, proposed by Madison Point, LLC; and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 14, 2016, the City’s Economic Development and Housing Department released a Request for Applications (RFA) for projects seeking a local government contribution to apply for the Fiscal Year 2016-17 State of Florida Low Income Housing Tax Credit Program (LIHTC). The City received two proposals on October 28, 2016. Staff recommends approval of both project applications. The FHFC issued RFA 2016-113 to open the application period for the LIHTC Program for Large Counties. According to LIHTC program rules, only one project per Large County (Broward / Duval / Hillsborough / Orange / Palm Beach / Pinellas) will be funded for development through this tax credit cycle. The Florida Housing Finance Corporation (FHFC) determines the successful applicant through this competitive process. Should either of these two proposals be awarded LIHTC funding through this tax credit cycle, staff recommends City support of the successful project with a $75,000 contribution which is the minimum amount that can be committed as a representation of local government support. This contribution represents City of Clearwater support of the successful project; it does not represent development approval. The final FHFC approval is anticipated to occur in March 2017. The review committee, made up of Economic Development & Housing and Planning & Development staff, met and reviewed the two applications received by the Housing Division. The review committee reviewed the projects for consistency with goals and strategies of adopted long range plans, current zoning and land use of the subject sites, appropriateness of scale and other features. 1.Madison Point, LLC, from Winter Park, Florida, submitted an application to develop Madison Point, an 80-unit senior affordable housing project. The proposal calls for 40 one bedroom and 40 two-bedroom units to be located in a new seven-story structure on a 0.9-acre parcel within the 400 block of South Martin Luther King, Jr. Avenue. Ninety percent of the units will be made available to residents at or below 60% of Area Median Income (AMI) and ten percent of the units will be made available to Extremely Low Income (ELI) residents, defined in Florida as being at or below 40% AMI. The subject site is located within the City’s Community Redevelopment Area between S. Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2974 MLK Avenue and Ewing Avenue. The proposed development team includes American Residential Development, LLC (Developer), Winter Park Construction (Contractor) and Scott B. Krehl (Architect). The estimated total development cost is $18.84 million. Staff is recommending a funding commitment to Madison Point if chosen by the FHFC as the successful applicant. 2.Jonesboro Investments Corporation, from Chagrin Falls, Ohio, submitted an application to develop Clearwater Senior Village. This proposal also calls for 40 one-bedroom and 40 two-bedroom units at the same percentage combination of resident income levels as Madison Point. This proposal calls for a four-story structure on a 4.87-acre parcel located on the southeast corner of Nursery Road and South Highland Avenue. The project team includes Jonesboro Investments Corporation (Developer), RDL Architects and NDC Construction Company as the Contractor. The total development cost for this project is estimated at $18.35 million. The proposed funding commitment from General Fund Reserves will be reimbursed by Housing Division funds at the time of project award. If neither of the two City of Clearwater projects is selected by FHFC, the commitment for General Fund Reserves would be released. As background, the Low Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation or new construction of low and very low-income rental housing units (60% of the Area Median Income and below with a set aside for 40% of AMI and below). In this application cycle, the minimum value of contributions required from a government agency for a Tax Credit Program application to receive the maximum points is $75,000. In order to meet this requirement, the local government needs to make a commitment to a project they are supporting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Funding for this contract will be provided by General Fund reserves in the amount of $75,000. Inclusive of this item if approved, a net total of $1,727,000 of General Fund reserves has been appropriated by Council to fund expenditures during fiscal 2016/2017. The remaining unappropriated balance of General Fund reserves is approximately $27.8 million, or 21.1% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 11/10/2016 S HIGHLAND AVE NURSERY RD 1511 1501 1520 1523 1547 1541 1527 1516 1508 1515 1535 1512 1522 1539 1531 1549 1504 1536 1545 1520 1529 1525 15211524 1532 1533 1500 1543 1537 1516 1504 Clearwater Senior Village JB CL 315A & 287A 23-29s-15e & 15-29s-15e 11/01/2016Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com LOW INCOME TAX CREDIT APPLICATIONS ² N.T.S.Scale: EWING AVE COURT ST EWING PL CHESTNUT ST S MARTIN LUTHER KING, JR. AVE GOULD ST BROWNELL ST 0 0 0 0 405 214 305 407 415 321 315 400 409 212 317 406 210 319 404 407 411 1090 1013 1019 1025 1038 1032 1026 1020 10141008 1000 1000 1010 1107 413 211 1106 Madison Point Document Path: S:\ENV\Jim Benwell\GIS\Low Income Tax App _ ED.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2975 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve a Substantial Amendment to the City of Clearwater’s Fiscal Year 2016/2017 - Fiscal Year 2019/2020 Four-Year Consolidated Plan (Consolidated Plan) and Fiscal Year 2016-2017 Annual Action Plan to implement the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations approved for funding. (consent) SUMMARY: The City of Clearwater’s federal Annual Action Plan details the funding strategy for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs each year. The Annual Action Plan implements a jurisdiction’s multi-year Consolidated Plan and is developed through significant citizen participation, analysis, and planning. The City’s Citizen Participation Plan (CPP) describes the efforts that the City will take to encourage the community to participate in plan development. It also describes the process for amending the Consolidated Plan and/or Annual Action Plan when necessary. The following changes require a substantial amendment to the plan and must be publicly noticed as described in the CPP: 1.There is a reallocation/reprogramming of funds equaling more than 50 percent in the aggregate of the City’s combined CDBG and HOME allocations to an activity(s) previously described in the Consolidated Plan and/or Annual Action Plan(s). 2.There is a reallocation/reprogramming of funds equaling more than 25 percent in the aggregate of the City’s annual CDBG and HOME entitlement for that program year. 3.A decision is made to carry out an activity not previously described in the Consolidated Plan and/or Annual Action Plan(s), including program income. 4.The purpose, scope, location(s) or beneficiaries of an activity are substantially changed. An activity will be considered substantially changed when any of the following criteria applies: a.The activity will no longer principally benefit the targeted population as identified in the Consolidated Plan and/or Annual Action Plan(s). b.The activity will no longer address the low- and moderate-income needs identified in the Consolidated Plan and/or Annual Action Plan(s) or the activity ceases to address the qualifying National Objectives as per 24 CFR Part 570.208. c.The activity location changes so that the completed activity will principally serve Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2975 beneficiaries other than those originally intended. d.The scope of the activity has increased to the point where its completion would result in the inability to carry out another approved activity, or would require reducing the scope of another activity to a point where it would not accomplish its intended purpose. The City is proposing to amend the Consolidated Plan and Annual Action Plan to account for the following funding: ·Adjustment of CDBG and HOME program income generated and anticipated to be generated, through loan payments or payoffs; ·Adjustment of CDBG and HOME carryover of prior-year grant resources resulting from projects that did not materialize; ·Adjustment of the 2016/2017 HOME grant formula allocation from $283,808 anticipated to $285,328 actual; and ·Closeout and conversion of NSP-3 program income to funding available for CDBG-eligible activities. The total amount to be reallocated/reprogrammed is $3,280,112. The proposed amendment will reallocate/reprogram funding as found in Exhibit A. All other activities and funding not listed above will be unaffected by the proposed amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 EXHIBIT A Project Name Previous Amount Amended Amount Change (+) Tampa Bay Community Development Corp. (Down Payment Assistance) CDBG - $25,000 HOME - $25,000 Funding Source Change Only Homeowner Activities/HOME Rehabilitation/ Purchase HOME - $710,877 HOME - $1,344,066 NSP-3/CDBG - $241,550 HOME - $633,189 NSP-3/CDBG - $241,550 CHDO 15% Set-Aside HOME - $42,571 HOME - $42,799.20 HOME - $228.20 Revolving Loan Program CDBG - $523,579 CDBG - $750,000 CDBG - $226,421 The Kimberly Home (Campus Improvements) CDBG - $99,200 CDBG - $134,200 CDBG - $35,000 Stormwater Improvements/Resurfacing CDBG - $625,642 CDBG - $974,213 CDBG - $348,571 North Garden (Land Acquisition) HOME - $0 HOME - $675,000 HOME - $675,000 North Garden (Construction) HOME - $0 HOME - $900,000 HOME - $900,000 Bright Community Trust (Single Family Homes) HOME - $0 HOME - $130,000 HOME - $130,000 HOME General Administration/Planning (from Federal Grant) HOME - $28,380 HOME - $28,532.80 HOME - $152.80 HOME General Administration/Planning (from Program Income) HOME - $0 HOME - $90,000 HOME - $90,000 TOTAL - $3,280,112 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2990 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve five Assignment and Assumption Agreements with Habitat for Humanity of Pinellas County, Inc. assigning the City’s rights and responsibilities under five Contracts for the City’s Purchase of Real Property located within the 600 block of North Garden Avenue, Clearwater, Florida; and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 5, 2016, City Council approved five purchase contracts for the City’s acquisition of five properties located in the block bordered by North Garden Avenue, Eldridge Street, Maple Street and the Pinellas Trail. Spruce Street bisects the block from north to south. The proposed assemblage contains 60,160 square feet (1.38 acres). The Economic Development and Housing Division proposed the acquisition to create homeownership inventory under an affordable housing program. The site is suitable for construction of 13 single-family, three-bedroom homes. The City has negotiated with Habitat for Humanity of Pinellas County, Inc. (Habitat) to assume the City’s rights and responsibilities under the Purchase Contracts. At closing, the City will provide a loan to Habitat for the acquisition of the properties. This change in approach was recommended by the City’s HUD representative. The contingency in the Purchase Contracts for HUD’s approval of the use of HOME funding for the acquisition remains in full force and effect. This acquisition will not require the use of general fund money. APPROPRIATION CODE AND AMOUNT: Funding for this project is available with the use of HOME funding from the United States Department of Housing and Urban Development, State Housing Initiatives Partnership Program and the Pinellas County Housing Trust Fund. Page 1 City of Clearwater Printed on 11/10/2016 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the day of ___________________, 2016, by and between The City of Clearwater, Florida (“Assignor”), a municipal corporation of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida, 33756; and Habitat for Humanity of Pinellas County, Inc. (“Assignee”), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, Florida 33762. WHEREAS, David Dupuis, whose post office address is 63 Gates Street, Apartment 1, Worcester, Massachusetts 01610-1639 (“Seller”), and Assignor, previously entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida (“Purchase Contract”) dated October 11, 2016, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. WHEREAS, Assignee now desires to assume the Purchase Contract from Assignor, Assignor desires to assign the Purchase Contract to Assignee, and Seller desires to consent to said assignment and assumption. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's rights, responsibilities and interest in, to and under the Purchase Contract. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Purchase Contract. 3. Indemnities. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee’s failure to fulfill any future obligation under the Purchase Contract, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date hereof. 4. Condition Precedent: Approval by HUD. This Agreement is subject to the City of Clearwater obtaining approvals from the United States Department of Housing & Urban Development (HUD). Should the City fail to obtain approvals for funding necessary to issue a loan to Assignee at closing for the full purchase price, this Agreement shall be deemed null and void and the Assignor shall retain all obligations and liabilities under the Purchase Contract. The Assignee and Assignor shall agree, in writing, to the terms of the purchase money mortgage prior to closing. In the event the parties do not reach agreement, this Assignment shall be void and Assignor shall retain all obligations and liabilities under the Purchase Contract. 5. Relocation Assistance. If HUD rules or regulations require relocation assistance for residents displaced by the property acquisition contemplated herein, Assignor shall be fully responsible for said relocation assistance. 6. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Agreement, and Seller has consented to and delivered this Agreement, as of the date first written above. APPROVED BY ASSIGNOR & 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 EXECUTED this _____ day of ________________________, 2016 by ASSIGNEE. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________ By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ____________________________ ______________________________ Print Name Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity CONSENT The undersigned hereby consents to the foregoing assignment and assumption: SELLER: David Dupuis By: ____________ Name: Title: Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity EXHIBIT A Purchase Contract (see attached) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the day of ___________________, 2016, by and between The City of Clearwater, Florida (“Assignor”), a municipal corporation of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida, 33756; and Habitat for Humanity of Pinellas County, Inc. (“Assignee”), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, Florida 33762. WHEREAS, Ilhan Bilgutay, whose post office address is 880 Mandalay Avenue, Apt. N213, Clearwater, Florida 33767-1259 (“Seller”), and Assignor, previously entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida (“Purchase Contract”) dated October 11, 2016, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. WHEREAS, Assignee now desires to assume the Purchase Contract from Assignor, Assignor desires to assign the Purchase Contract to Assignee, and Seller desires to consent to said assignment and assumption. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's rights, responsibilities and interest in, to and under the Purchase Contract. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Purchase Contract. 3. Indemnities. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee’s failure to fulfill any future obligation under the Purchase Contract, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date hereof. 4. Condition Precedent: Approval by HUD. This Agreement is subject to the City of Clearwater obtaining approvals from the United States Department of Housing & Urban Development (HUD). Should the City fail to obtain approvals for funding necessary to issue a loan to Assignee at closing for the full purchase price, this Agreement shall be deemed null and void and the Assignor shall retain all obligations and liabilities under the Purchase Contract. The Assignee and Assignor shall agree, in writing, to the terms of the purchase money mortgage prior to closing. In the event the parties do not reach agreement, this Assignment shall be void and Assignor shall retain all obligations and liabilities under the Purchase Contract. 5. Relocation Assistance. If HUD rules or regulations require relocation assistance for residents displaced by the property acquisition contemplated herein, Assignor shall be fully responsible for said relocation assistance. 6. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Agreement, and Seller has consented to and delivered this Agreement, as of the date first written above. APPROVED BY ASSIGNOR & 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 EXECUTED this _____ day of ________________________, 2016 by ASSIGNEE. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________ By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ____________________________ ______________________________ Print Name Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity CONSENT The undersigned hereby consents to the foregoing assignment and assumption: SELLER: Ilhan Bilgutay By: ____________ Name: Title: Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity EXHIBIT A Purchase Contract (see attached) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the day of ___________________, 2016, by and between The City of Clearwater, Florida (“Assignor”), a municipal corporation of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida, 33756; and Habitat for Humanity of Pinellas County, Inc. (“Assignee”), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, Florida 33762. WHEREAS, Ilhan Bilgutay, whose post office address is 515 Martin Luther King, Jr. Avenue, Clearwater, Florida 33756 (“Seller”), and Assignor, previously entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida (“Purchase Contract”) dated October 11, 2016, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. WHEREAS, Assignee now desires to assume the Purchase Contract from Assignor, Assignor desires to assign the Purchase Contract to Assignee, and Seller desires to consent to said assignment and assumption. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's rights, responsibilities and interest in, to and under the Purchase Contract. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Purchase Contract. 3. Indemnities. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee’s failure to fulfill any future obligation under the Purchase Contract, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date hereof. 4. Condition Precedent: Approval by HUD. This Agreement is subject to the City of Clearwater obtaining approvals from the United States Department of Housing & Urban Development (HUD). Should the City fail to obtain approvals for funding necessary to issue a loan to Assignee at closing for the full purchase price, this Agreement shall be deemed null and void and the Assignor shall retain all obligations and liabilities under the Purchase Contract. The Assignee and Assignor shall agree, in writing, to the terms of the purchase money mortgage prior to closing. In the event the parties do not reach agreement, this Assignment shall be void and Assignor shall retain all obligations and liabilities under the Purchase Contract. 5. Relocation Assistance. If HUD rules or regulations require relocation assistance for residents displaced by the property acquisition contemplated herein, Assignor shall be fully responsible for said relocation assistance. 6. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Agreement, and Seller has consented to and delivered this Agreement, as of the date first written above. APPROVED BY ASSIGNOR & 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 EXECUTED this _____ day of ________________________, 2016 by ASSIGNEE. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________ By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ____________________________ ______________________________ Print Name Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity CONSENT The undersigned hereby consents to the foregoing assignment and assumption: SELLER: Ilhan Bilgutay By: ____________ Name: Title: Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity EXHIBIT A Purchase Contract (see attached) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the day of ___________________, 2016, by and between The City of Clearwater, Florida (“Assignor”), a municipal corporation of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida, 33756; and Habitat for Humanity of Pinellas County, Inc. (“Assignee”), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, Florida 33762. WHEREAS, Albert L. Guy and Linda M. Guy, a married couple, whose post office address is 1689 Oak Place, Clearwater, Florida 33756 (“Seller”), and Assignor, previously entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida (“Purchase Contract”) dated October 11, 2016, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. WHEREAS, Assignee now desires to assume the Purchase Contract from Assignor, Assignor desires to assign the Purchase Contract to Assignee, and Seller desires to consent to said assignment and assumption. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's rights, responsibilities and interest in, to and under the Purchase Contract. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Purchase Contract. 3. Indemnities. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee’s failure to fulfill any future obligation under the Purchase Contract, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date hereof. 4. Condition Precedent: Approval by HUD. This Agreement is subject to the City of Clearwater obtaining approvals from the United States Department of Housing & Urban Development (HUD). Should the City fail to obtain approvals for funding necessary to issue a loan to Assignee at closing for the full purchase price, this Agreement shall be deemed null and void and the Assignor shall retain all obligations and liabilities under the Purchase Contract. The Assignee and Assignor shall agree, in writing, to the terms of the purchase money mortgage prior to closing. In the event the parties do not reach agreement, this Assignment shall be void and Assignor shall retain all obligations and liabilities under the Purchase Contract. 5. Relocation Assistance. If HUD rules or regulations require relocation assistance for residents displaced by the property acquisition contemplated herein, Assignor shall be fully responsible for said relocation assistance. 6. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Agreement, and Seller has consented to and delivered this Agreement, as of the date first written above. APPROVED BY ASSIGNOR & 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 EXECUTED this _____ day of ________________________, 2016 by ASSIGNEE. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________ By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ____________________________ ______________________________ Print Name Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity CONSENT The undersigned hereby consents to the foregoing assignment and assumption: SELLER: Albert L. Guy and Linda M. Guy By: ____________ Name: Title: By: ____________ Name: Title: Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity EXHIBIT A Purchase Contract (see attached) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the day of ___________________, 2016, by and between The City of Clearwater, Florida (“Assignor”), a municipal corporation of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida, 33756; and Habitat for Humanity of Pinellas County, Inc. (“Assignee”), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, Florida 33762. WHEREAS, John Spagnola, whose post office address is 675 South Gulfview Boulevard, Apt. 204, Clearwater, Florida 33767-2646 (“Seller”), and Assignor, previously entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida (“Purchase Contract”) dated October 11, 2016, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. WHEREAS, Assignee now desires to assume the Purchase Contract from Assignor, Assignor desires to assign the Purchase Contract to Assignee, and Seller desires to consent to said assignment and assumption. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's rights, responsibilities and interest in, to and under the Purchase Contract. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Purchase Contract. 3. Indemnities. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee’s failure to fulfill any future obligation under the Purchase Contract, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date hereof. 4. Condition Precedent: Approval by HUD. This Agreement is subject to the City of Clearwater obtaining approvals from the United States Department of Housing & Urban Development (HUD). Should the City fail to obtain approvals for funding necessary to issue a loan to Assignee at closing for the full purchase price, this Agreement shall be deemed null and void and the Assignor shall retain all obligations and liabilities under the Purchase Contract. The Assignee and Assignor shall agree, in writing, to the terms of the purchase money mortgage prior to closing. In the event the parties do not reach agreement, this Assignment shall be void and Assignor shall retain all obligations and liabilities under the Purchase Contract. 5. Relocation Assistance. If HUD rules or regulations require relocation assistance for residents displaced by the property acquisition contemplated herein, Assignor shall be fully responsible for said relocation assistance. 6. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Agreement, and Seller has consented to and delivered this Agreement, as of the date first written above. APPROVED BY ASSIGNOR & 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 EXECUTED this _____ day of ________________________, 2016 by ASSIGNEE. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________ By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ____________________________ ______________________________ Print Name Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity CONSENT The undersigned hereby consents to the foregoing assignment and assumption: SELLER: John Spagnola By: ____________ Name: Title: Assignment and Assumption Agreement City of Clearwater & Habitat for Humanity EXHIBIT A Purchase Contract (see attached) CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: David Dupuis, whose post office address is 63 Gates Street, Apt 1, Worcester, Massachusetts 01610 -1639, (herein "Seller "), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer" or "City"), of 112 South Osceola Avenue, Clearwater, FL 33756, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ( "Property ") upon the following terms and conditions. 1. PROPERTY DESCRIPTION The East % of Lot 36, G.L BIDWELL "S OAKWOOD ADDITION TO CLEARWATER, according to the plat thereof recorded in Plat Book 1, Page 46, in the Public Records of Pinellas County, Florida Parcel Identification Number: 09- 29 -15- 08622 -000 -0361 PERSONALTY: NONE 2. FULL PURCHASE PRICE $72,500 3. MANNER OF PAYMENT: Wire transfer or City of Clearwater check in U.S. funds at time of closing $72,500 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 and appraisal by Commercial Investment Appraisers, Inc. 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 45 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 Buyer 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 Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property 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 and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Seller shall convey marketable title (according to applicable Title Standards adopted by the Florida bar and in accordance with applicable law) subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Within ten (10) days after the Effective Date, Buyer shall order a Title Insurance Commitment ( "Title Commitment ") issued by a Florida licensed title insurer. Buyer shall pay the cost of obtaining the Title Commitment and the premium for the owner's title policy ( "Title Policy ") issued to Buyer at Closing in accordance with the Title Commitment. Buyer shall give Seller written notice ( "Buyer's Notice ") on or before the expiration of twenty (20) days after Buyer's receipt of the Title Commitment, that the condition of title as set forth in the Title Commitment and /or any survey is or is not satisfactory, in Buyer's sole discretion. Monetary liens shall be paid by Seller prior to, or at Closing out of the sales proceeds. In the event that condition of title is not acceptable, Buyer shall specify and set forth each objection to title liens and encumbrances ( "Defects ") in the Buyer's Notice. Seller shall notify Buyer in writing within ten (10) days of receipt of Buyer's Notice as to which Defects Seller will cure, and which Defects Seller will not cure as of the Closing Date ( "Remaining Defects "). If there are any Remaining Defects, Buyer may, at its option by written notice within five (5) days after Seller's notice, (i) accept title subject to the Remaining Defects, in which event the Remaining Defects shall be deemed to be waived for all purposes, or (ii) terminate this Agreement, in which event all Deposits paid shall be immediately refunded to Buyer, whereupon no party shall have any further rights or obligations hereunder. Notwithstanding any of the provisions of this Section to the contrary, if Buyer fails to notify Seller that the condition of title as set forth in the Title Commitment and survey is or is not acceptable within the time set forth herein, the parties hereby agree that the condition of title shall be deemed acceptable, except for monetary liens. Any exceptions permitted on the Title Policy pursuant to this Section are referred to herein as "Permitted Exceptions ". If the Title Company subsequently updates the Title Commitment with additional liens, encumbrances, or exceptions to title, the provisions for Buyer's Notice and Seller's response shall be reinstated, with the Buyer's Notice regarding the additional defects being due five (5) business days after the date that Buyer receives the updated defects. The Parties may, by mutual agreement, extend the cure period for title defects for up to 120 days from receipt of Buyers notice to Seller to cure defects, failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. 8. 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 if required by said Statute. 9. 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. 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 GM16- 1510- 200/190261/1] Page 2 of 8 Statutes. 10. 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 ninety (90) days from the Effective Date hereof, 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. If either party is 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. 11. 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. 12. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seiler shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 13. 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 196.012(6), 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. 14. 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 15. 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 Toss 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. GM16- 1510 - 200/190261/1] Page 3 of 8 15. LEASES Seller warrants that there are no tenants occupying the Property 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, for which Buyer may immediately terminate this Contract. 16. CONDITIONS PRECEDENT: ACQUISITION OF ADDITIONAL PROPERTIES; APPROVAL BY HUD Buyer's obligation to purchase the Property and to take the other actions required to be taken by Buyer at the closing is subject to Buyer acquiring the following properties on or before the closing date set forth herein: 09- 29 -15- 08622 -000 -0390, 09- 29- 15- 08622 - 000 -0350, 09- 29- 15- 08622- 000 -0340, 09-29-15-08622- 000 -0330, 09- 29 -15- 08622- 000 -0320, 09- 29 -15- 08622 - 000 -0310, 09- 29 -15- 08622- 000 -0400, 09 -29- 15- 08622- 000 -0450 (Additional Properties). Buyer may waive this condition in whole or in part in its sole discretion. Further, the Parties acknowledge that Buyer will utilize HOME Program funding made available from the United States Department of Housing and Development (HUD) to acquire the Property and construct affordable housing. Therefore, Buyer's obligation to purchase the Property and take other actions required to be taken by Buyer at the closing is also subject to HUD's approval of this contract. Buyer will seek HUD's approval during the Inspection Period as defined in section 17. Buyer may waive this condition in whole or in part in its sole discretion. 17. 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 21 ( "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 (sixty) 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 GM16- 1510 - 200/190261/1] Page 4 of 8 return the Property to its present condition. 18. 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. 19. 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 with restoration costs escrowed at closing. 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. 20. 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 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. 21. 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. 22. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write "NONE") GM16- 1510 - 200/190261/1] Page 5 of 8 Buyer shall have the number of days granted in Paragraph 16(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. 23. 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. 24. 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. 25. 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 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. 26. 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). 27. 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. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 29. BROKER REPRESENTATION Either Party may be represented by a Licensed Real Estate Broker upon execution of this Contract. GM16- 1510 - 200/190261/1] Page 6 of 8 Should a Party hereto choose to obtain the services of a License Real Estate Broker, that Party shall be responsible for its respective Broker fee or expense due to said Broker. 30. 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. 31. 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. 32. 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. 33. 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. GM16- 1510 - 200/190261/1) Page 7 of 8 EXECUTED this a/)Ci day of S G.'O 769#' , 2016 by Seller. Print Name rJ t Cuicl.fa cC DAVID DUPUIS J3G ' 'a/ A9 f,/O Z,S Print Name APPROVED BY BUYER & EFFECTIVE this // day of d2 C '4 2016. Approved as to form: Laura Lipowski Mahony Assistant City Attorney GM16- 1510- 200/190261/1] Page 8 of 8 THE CITY OF CLEARWATER, FLORIDA By: Ck?n, /kt. f1Cr t 405 George N. Cretekos, Mayor Attest: Rosemarie CaII City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2941 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claim 000149-005197-WC-01, Gary Milarck, for payment of $111,975.00 inclusive of attorney fees and costs with a general release of all claims and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 10, 1989, claimant was moving a chair and strained his back. He reached MMI 9/6/95 with a 5% impairment rating. Claimant has been treated conservatively for the past 27 years; however more costly treatment may be recommended in the near future. There is additional possible exposure of permanent total disability benefits along with wage loss benefits. A portion of the settlement will be reimbursed from the Excess Carrier, Safety National; however the initial payment will be funded by the City. The claimant was approved for a disability pension on December 5, 1995. The claimant and his attorney have agreed to settle this claim for $111,975.00 inclusive of attorney fees and cost. The entire past and future indemnity and medical claims with a general release and attorney fees and costs would settle per statute for a total settlement of $111,975.00. The TPA, Gallagher Bassett Services; Risk Management Division; the Excess Insurance Carrier, Safety National; the outside attorney for the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City’s Claims Committee recommend approval. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 0590-07590-545800-519-000-0000 $111,975.00. Page 1 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2986 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Award a contract to Chongqing Arlau Civic Equipment Manufacturing Co. Ltd, of Chongqing, China, for site furnishings in the amount of $150,000 annually, for one year with two one -year extension options at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract will provide site furnishings including picnic tables, park benches, bike racks, trash receptacles, bollards, and drink rails, for city properties and parks. Parks utilizes an inventory program to manage the replacement and/or refurbishment of site furnishings. A capital improvement program has been in place for over 35 years to repair and replace worn out furnishings. Invitation to Bid 47-16 was issued on August 18, 2016. Six bids were received, of which Chongqing was determined the lowest responsive bidder. This contract supports the City’s ongoing effort to maintain our public spaces as attractive and up-to-date as possible. The site furniture in this contract is constructed of stainless steel, specially coated for Florida’s harsh salt and humid environment, and will last for several decades with minimal maintenance. The prior site furnishings contract award (December 5, 2013) included authorization from the City Council appointing City Manager and/or his designee as signatory for customs and Power of Attorney for merchandise arriving from overseas. This request includes the same authorization for the duration of the contract. APPROPRIATION CODE AND AMOUNT: Since this will be a blanket purchase order funding will come from a variety of funding sources however the primary source will be from “Park Amenity Purchase and Replacement” CIP 315-93635. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2016 Invitation to Bid #17-16, Site Furnishings Bid Tabulation Item Description Estimated 3-Year Term Quantities Minimum Qty per Order Chongqing Arlua Civic Equipment Manufacturing CHINA Price Per Minimum Qty per Order Fairweather Site Furnishings Price Per Minimum Qty per Order Paris Site Furnishings CANADA Price Per Minimum Qty per Order Prison Rehabilitative Industries & Diversified Enterprises, Inc. Price Per Minimum Qty per Order SBD Commercial Interiors Price Per Minimum Qty per Order Wesnic, Inc.Price Per 1 Standard Picnic Table 60 10 979.00$ EA No Bid -$ -20 2,707.00$ EA 10 4,101.64$ EA 5 5,349.00$ EA 1 3,873.50$ EA 2 ADA Accessible Picnic Table 15 10 930.00$ EA No Bid -$ -5 2,642.00$ EA 10 3,764.09$ EA 5 5,129.00$ EA 1 3,619.50$ EA 3 Arch Bike Rack 50 10 107.00$ EA No Bid -$ -16 232.00$ EA 10 241.87$ EA 10 549.00$ EA 1 525.85$ EA 4 Drink Rail 30 10 550.00$ EA No Bid -$ -10 1,092.00$ EA 10 1,670.02$ EA 5 2,499.00$ EA 1 2,742.00$ EA 5 Backless Bench 206 10 406.00$ EA 10 1,579.60$ EA 68 1,122.00$ EA 10 1,607.44$ EA 25 2,499.00$ EA 1 2,825.75$ EA 6 Bench with Back 15 10 735.00$ EA 5 2,343.00$ EA 5 1,787.00$ EA 10 2,333.95$ EA 5 4,049.00$ EA 1 4,915.00$ EA 7 Trash Receptacle 330 10 533.00$ EA No Bid -$ -110 962.00$ EA 10 1,482.43$ EA 25 3,159.00$ EA 1 1,587.50$ EA 8 Removable Bollard 20 10 179.00$ EA No Bid -$ -6 442.00$ EA -No Bid -5 1,249.00$ EA 1 420.00$ EA 9 Non-Removable Bollard 40 10 133.00$ EA No Bid -$ -13 372.00$ EA -No Bid -5 989.00$ EA 1 420.00$ EA 10 Square Three-Seat Picnic Table 11 10 910.00$ EA No Bid -$ -4 2,382.00$ EA 10 3,279.29$ EA 5 6,059.00$ EA 1 4,820.00$ EA 11 High Top Table 15 10 318.00$ EA No Bid -$ -5 1,097.00$ EA 10 1,592.96$ EA 5 3,129.00$ EA 1 2,222.50$ EA Note: Items with a star ( ) indicates intent to award. City of Clearwater Page 1 of 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2973 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve license agreement between the City of Clearwater and Stanford University to provide Stanford University’s Chronic Disease Self Management Program Evidence Based Wellness Programs (EBWP) for adults and authorize the City Manager or his designee to approve future amendments needed regarding programs or facility locations. (consent) SUMMARY: The City has been awarded funds in the amount of $15,000 to expand EBWP in Clearwater to improve older adults’ quality of life through proven, research tested interventions for Clearwater adults age 55 and older. The EBWP programs to be offered include Stanford University’s Chronic Disease Self Management Program (CDSMP). The Administration for Community Living/Administration on Aging (ACL/AoA) ranks the Stanford Chronic Disease Self Management program as meeting the highest-level of their evidence based program criteria. There is proof that older adults who participate in Evidence Based Wellness Programs can lower their risk of chronic diseases and falls or improve long-term effects of chronic diseases or falls. EBWP are based on rigorous study of the effects or outcomes of specific interventions or model programs. They demonstrate reliable and consistently positive changes in important health-related and functional measures. Stanford License Agreement has an assignment of copyrighted content developed over 20 years of research for the training of program leaders and of trainers in the area of self-management of chronic conditions. Stanford wants to have the content reproduced and distributed for public use and benefit through this license agreement. The City of Clearwater as the Licensee may give up to 30 workshops and 2 leader trainings during the term of this Agreement which is for 3 years. Stanford license agreements are standard for all organizations, individuals and groups wishing to use their material and teaching methods and they are not countersigned by Stanford. This license agreement includes a provision that effectively waives the City’s sovereign immunity. While staff believes that the risk is very low that anyone would sue the City or Stanford it is a possibility. No additional operating impacts are needed to support this program. In order to expedite future amendments regarding location and classes offered, staff is recommending that the City Manager or his designee be authorized to approve such Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2973 amendments. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2982 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve annual blanket purchase orders (contracts) to Galls, LLC. of Lexington, KY, and Dana Safety Supply, Inc., of Tampa FL for the annual aggregate amount of $115,000 for the first year, with the option for two, one-year term extensions at the City’s discretion in the amount of $75,000 for each one-year extension, for the purchase of duty uniforms and associated equipment for the Police Department. (consent) SUMMARY: The Clearwater Police Department (CPD) is required to provide duty uniforms to approximately 375 sworn and non-sworn Police Department employees. On average, the CPD outfits approximately 50-60 new sworn and non-sworn employees every year. CPD also provides specialized utility uniforms (Class C) for special events, including natural disasters, and for specialty teams. CPD is continually replacing uniforms and equipment as a result of normal wear and tear and incidental damage. Approximately $50,000 to $60,000 annually is spent on uniforms and associated equipment. Over the course of several years, CPD has purchased multiple different Class C uniforms for different specialty teams. CPD is proposing to change the Class C utility uniform to a single uniform that is better suited for its intended purposes, and is more appropriate for the Florida climate. The initial outlay for the purchase of the new Class C utility uniform is approximately $42,000 that will be phased in over the course of the budget year. On August 15, 2016, an Invitation to Bid (ITB 56-16) was issued seeking proposals from qualified vendors to provide new and replacement police uniforms as well as the associated equipment for CPD. The bid included manufacturer specifications, alteration requirements, as well as embroidery and silkscreen requirements. On September 7, 2016, the City received six responses. The City Purchasing Division and the Police Department reviewed vendor responses and recommend the award to two vendors, Galls, LLC., for duty uniforms and Dana Safety Supply, Inc. for police equipment, including duty belts, holsters, handcuff cases and other duty belt related equipment, in an aggregate amount of $115,000 for the first year of the agreement Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2982 and for $75,000 for each one-year extension. The award of blanket purchase orders to Galls, LLC, of Lexington, KY and Dana Safety Supply, Inc. of Tampa FL calls for an initial term of one year, effective November 21, 2016 through November 20, 2017, with the option for two one-year term extensions. APPROPRIATION CODE AND AMOUNT: Funding for the purchase of new and replacement uniforms, and the associated equipment, is included in the 2016/2017 Police Department operating budget (0010-01131-547100-521-000-0000). USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 Invitation to Bid #56-16, Police Clothing and Equipment Bid Tabulation Description Brand Style #Qty Price Size Price Size Price Size Price Size Price Size Price Size MENS UNIFORMS TexTrop2 Mens Long Sleeve Navy Shirts Elbeco Z314N 2 44.99$ 14.5-18 No Bid -43.80$ All No Bid -No Bid -40.50$ 14-½ - 20 Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90028 1 5.99$ -No Bid -3.00$ -No Bid -No Bid -4.99$ - Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90016 1 5.99$ -No Bid -3.00$ -No Bid -No Bid -4.99$ - Navy Clip On Tie, Navy, Varied Lengths Samuel Broome 90049 1 5.99$ -No Bid -3.00$ -No Bid -No Bid -4.99$ - 8 Pt Polyester Duty Cap (color: Navy) Midway Cap Co.not available 1 53.99$ -No Bid -30.67$ -No Bid -No Bid -69.99$ - 8 Pt Rain Hat Cover for 8 pt hat w/visor Neve's P9014 1 N/A -No Bid -3.00$ All No Bid -No Bid -6.99$ - TexTrop2 Mens Short Sleeve Navy Shirts Elbeco Z3314N 5 40.99$ 14.5-18 No Bid -41.80$ All No Bid -No Bid -36.50$ 14-½ - 20 TexTrop2 Mens Pants, 4-pocket, covert stretch waistband, nano moisture wicking in Navy Blue (with light blue stripe)Elbeco E314RN 5 52.99$ 28-42 No Bid -31.13$ All No Bid -No Bid -36.50$ 28-54 WOMENS UNIFORMS TexTrop2 Womens Long Sleeve Navy Shirts Elbeco Z9314LCN 2 42.99$ 28-46 No Bid -44.54$ All No Bid -No Bid -40.50$ 28-46 TexTrop2 Womens Short Sleeve Navy Shirts Elbeco Z9814 5 40.99$ 28-46 No Bid -40.07$ All No Bid -No Bid -36.50$ 28-46 TexTrop2 Womens Pants, 4-pocket, ladies choice fit waistband, nano moisture wicking in Navy Blue (with light blue stripe)Elbeco E9314LC 5 52.99$ 2-18 No Bid -32.34$ All No Bid -No Bid -36.50$ 2-24 UNISEX Moisture Wicking Polo Shirt Short Sleeve- Vapor Pique PoloMocean 383473 5 57.99$ Officers No Bid -46.33$ All No Bid -No Bid -55.99$ S-2X Men’s Stretch Tactical Pants Propper F52522y 5 43.99$ 30-56 No Bid -35.88$ All No Bid -No Bid -47.35$ 30-54 OTHER CLOTHING TexTrop2 Mens Long Sleeve White Shirts Elbeco Z310N 1 43.99$ 14.5-18 No Bid -43.80$ All No Bid -No Bid -40.50$ 14-½ - 20 TexTrop2 Mens Long Sleeve Lt Blue Shirts Elbeco 313N 1 40.99$ 14.5-18 No Bid -43.80$ All No Bid -No Bid -46.50$ 14-½ - 17-½ TexTrop2 Womens Long Sleeve White Shirts Elbeco 9310LCN 1 40.99$ 28-46 No Bid -46.60$ All No Bid -No Bid -40.50$ 28-46 TexTrop2 Womens Long Sleeve Lt Blue Shirts Elbeco 9313LCN 1 40.99$ 28-46 No Bid -44.54$ All No Bid -No Bid -46.50$ 28-42 TexTrop2 Mens Short Sleeve White Shirts Elbeco Z3310N 1 39.99$ 14.5-18 No Bid -41.81$ All No Bid -No Bid -36.50$ 14-½ - 20 TexTrop2 Mens Short Sleeve Lt Blue Shirts Elbeco Z3313N 1 39.99$ 14.5-18 No Bid -41.81$ All No Bid -No Bid -39.99$ 14½ - 17-½ TexTrop2 Womens Short Sleeve White Shirts Elbeco 9810LCN 1 37.99$ 28-46 No Bid -40.07$ All No Bid -No Bid -36.50$ 28-46 TexTrop2 Womens Short Sleeve Lt Blue Shirts Elbeco 9813LCN 1 37.99$ 28-46 No Bid -40.07$ All No Bid -No Bid -39.99$ 14-½ - 17-½ Mens Navy Cargo Pants Tact Squad 17004DN 1 42.99$ 28-44 No Bid -27.79$ All No Bid -No Bid -42.85$ 28-42 Mens Navy Cargo Shorts Tact Squad 17004DN 1 42.99$ 28-44 No Bid -NO BID No Bid -No Bid -42.85$ 28-42 Navy Windbreaker-100% nylon, flannel lined Tact Squad 111N 1 22.99$ Sm-3XLg No Bid -15.61$ All No Bid -No Bid -29.99$ S-XL Navy Heavy Jacket W/ Removable Liner SPIEWAK S3609 1 86.99$ Sm-4XLg No Bid -75.63$ All No Bid -No Bid -104.99$ S-XL Rain Coat, Long Black/Lime Reversible - High-Viz Neese 4703RSC3M 1 89.99$ Sm-2XLg No Bid -81.98$ All No Bid -72.87$ SM-XXL 122.99$ S-2X Rain Coat, Long Yellow - 1600 Series Economy Neese 1650C 1 21.99$ Sm-3XLg No Bid -9.54$ All No Bid -7.02$ SM-XXL 9.25$ S-2X Rain Boots - Buffalo 16" Steel Toe with Lug Outsole OnGuard Industries 87801 1 N/A -No Bid -14.07$ All No Bid -No Bid -No Bid - Traffic Vest, Lime/Navy OccuLux LUX-PSP 1 N/A -No Bid -21.00$ All No Bid -No Bid -31.65$ S/M-3X/4X Traffic Vest, Yellow/Orange-High-Vis Classic Mesh Expandable Vest OccuNomix LUX-SC2TB 1 N/A -No Bid -17.67$ All No Bid -No Bid -31.65$ S/M-3X/4X Cycling Pants - Waterproof Olympic OCP588 1 N/A -No Bid -120.00$ All No Bid -No Bid -157.00$ S-3X Cycling Shorts - Phoenix Olympic OCPS168 1 N/A -No Bid -56.34$ All No Bid -No Bid -98.00$ S-3X Orange Ball Cap - 6 panel mesh with sandwich bill cap, adj closure Nissun 6PMS 1 N/A -No Bid -18.60$ All No Bid -No Bid -9.99$ - Navy, Plain Ball Cap - Yupoong-100% Brushed Cotton w/Velcro Closure The Classics 6363V 1 N/A -No Bid -4.80$ All No Bid -No Bid -11.99$ - Navy Ball Cap-Pro-Model shape-M2 Performance Fabric, velcro closure Pacific Headwear 298M 1 20.99$ -No Bid -6.47$ All No Bid -No Bid -16.99$ - Class A Unfiorms Intended Awardee Class B Uniforms Low Bid item Class C Uniforms Patrick's Uniforms of Florida- Tampa, FL Allway's McCafferty's Uniforms, Inc. - St. Petersburg, FL Dana Safety Supply, Inc.- Tampa, FL Galls, LLC-Lexington, KY GT Distributors, Inc.- Austin, TX Lawmens & Shooters Supply, Inc.-Vero Beach, FL Page 1 Invitation to Bid #56-16, Police Clothing and Equipment Bid Tabulation EQUIPMENT Description Brand Style #Qty Price Size Price Size Price Size Price Size Price Size Price Size Asp Holder - Sidebreak 26 in Black ASP, Inc.52632 1 40.99$ -30.50$ -36.48$ -30.68$ -32.59$ -47.99$ - Nylon Web Oc Holder-Chemical agent pouch, med, black Blackhawk 44A500bk 1 21.99$ -14.92$ -15.55$ -13.94$ -12.88$ -24.35$ - Leather Duty Gunbelt-Plain Leather 2 Row Stiched 2- 1/4" in black Dutyman 1011U 1 45.99$ 28-44 39.40$ -40.14$ -39.03$ -35.61$ -49.99$ 30-44 Double Mag Case-Plain Leather Double Mag Holder Dutyman 8511MH 1 23.99$ -17.89$ -19.74$ -16.82$ -19.67$ -25.00$ - Handcuff Case-Plain Leather Standard Single Cuff Case in black Dutyman 8811H 1 22.99$ -15.32$ -17.55$ -14.55$ -16.70$ -23.30$ - OC Holder-Chemical agent pouch, plain black leather, hidden snap Dutyman 882HS 1 18.99$ -No Bid -17.94$ -15.28$ -15.55$ -21.99$ - Duty Belt Keepers-Plain Leather, 3/4", in black Dutyman 2411U 1 4.99$ -2.84$ -2.87$ -2.44$ -3.76$ -3.75$ - Glove Pouch-Plain black leather, hook and loop closure Dutyman 3411 1 16.99$ -11.33$ -13.80$ -11.76$ -12.37$ -17.50$ - Black Polyester Canvas Equipment Bag-zippered bag with outside zip pocket, 24"x11"x12"Gall's BG186 1 No Bid -17.00$ -12.00$ -No Bid -No Bid -23.00$ - Badge/Id Holder, Neck Chain-Black leather w/badge cut out for B3301, and 2.75" x 3.63" ID holder Perfect fit 706-1 1 16.99$ -11.50$ -12.07$ -No Bid -13.98$ -16.25$ - Holster-ALS®/SLS Mid-Ride, Level III Retention™ Duty Holster-plain black, right and left hand Safariland 6360-2192- 131-SH 1 126.99$ -No Bid -No Bid -107.22$ -No Bid -161.00$ - Nylon Web Radio Holder-8-1/3" X 4" Molded universal radio holder Tru-Spec 9041 1 11.99$ -10.90$ -7.86$ -No Bid -10.25$ -29.99$ - Nylon Web Duty Belt-2 inch nylon web belt Uncle Mikes 88721 1 21.99$ -12.80$ -44.66$ -15.49$ -16.31$ -27.25$ - Nylon Web Handcuff Case-Single cuff case w/ flap Uncle Mikes 88781 1 16.99$ -9.93$ -11.93$ -17.06$ -10.90$ -17.90$ - Nylon Web Mag Case-Double magazine holder Uncle Mikes 88367 1 27.99$ -18.07$ -20.65$ -17.59$ -19.75$ -30.90$ - Nylon Web Keepers-for 2-¼" belt, double black snaps Uncle Mikes 88652 1 12.99$ -7.53$ -9.00$ -7.33$ -9.27$ -12.90$ - Flag Pin -¾” enamel, USA Stars and Stripes Flag, with Gold Border and Tie Tack Backing 1 2.99$ -No Bid -2.00$ -No Bid -6.90$ -4.75$ - Intended Awardee Low Bid item Patrick's Uniforms of Florida- Tampa, FL Allway's McCafferty's Uniforms, Inc. - St. Petersburg, FL Dana Safety Supply, Inc.- Tampa, FL Galls, LLC-Lexington, KY GT Distributors, Inc.- Austin, TX Lawmens & Shooters Supply, Inc.-Vero Beach, FL Page 2 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2938 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Provide direction on the proposed installation of a pedestrian fence (barrier) on Mandalay Avenue just north of the Clearwater Beach Entryway Roundabout. (WSO) SUMMARY: August 4, 2016, City Council decided not to implement a one-way pair roadway system for Coronado Drive and Hamden Drive on Clearwater Beach. However, City Council approved staff’s design for adding a pedestrian fence (barrier) on Coronado Drive and eliminating the crosswalk adjacent to Crabby Bill’s restaurant. City Council requested that a similar pedestrian fence be considered on Mandalay Avenue, just north of the Clearwater Beach Entryway Roundabout. Staff is already in the process of designing the pedestrian fence on Coronado Drive and is seeking guidance on the installation of a pedestrian fence on Mandalay Avenue. Traffic Operations staff requests input from City Council on the proposed fence location on Mandalay Avenue. This fence as shown would also eliminate the pedestrian crosswalk adjacent to the Hooters restaurant, just north of the Clearwater Beach Entryway Roundabout. Page 1 City of Clearwater Printed on 11/10/2016 ¯Coronado Pedestrian Barrier (~550 linear feet) ¯Mandalay Pedestrian Barrier (~230 linear feet) Pr o j e c t : Date: Co r o n a d o D r i v e - P e d e s t r i a n B a r r i e r Cr i s t i a n R u b i a n o U:\ArcGIS\MXDs\11x85_WO_MAP.mxd 10/18/16 FIGURE 01 Au t h o r : Tr a f f i c E n g i n e e r i n g D i v i s i o n 10 0 S M y r t l e A V E # 2 2 0 Cl e a r w a t e r , F L 3 3 7 5 6 Ph . 7 2 7 . 5 6 2 . 4 7 7 6 ww w . m y C l e a r w a t e r . c o m Co r o n a d o D r i v e - P e d e s t r i a n B a r r i e r C o n c e p t Le g e n d N Dr a w i n g n o t t o S c a l e REMOVE REMOVE REMOVE PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP REMOVE SL25 Pr o j e c t : Date: Ma n d a l a y A v e n u e - P e d e s t r i a n B a r r i e r Cr i s t i a n R u b i a n o U:\ArcGIS\MXDs\11x85_WO_MAP_ped.mxd 10/18/16 FIGURE 02 Au t h o r : Tr a f f i c E n g i n e e r i n g D i v i s i o n 10 0 S M y r t l e A V E # 2 2 0 Cl e a r w a t e r , F L 3 3 7 5 6 Ph . 7 2 7 . 5 6 2 . 4 7 7 6 ww w . m y C l e a r w a t e r . c o m Ma n d a l a y A v e n u e - P e d e s t r i a n B a r r i e r C o n c e p t Le g e n d N Dr a w i n g n o t t o S c a l e REMOVE REMOVE REMOVE PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP REMOVE SL25 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2962 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Ratify and confirm Emergency Seawall Repairs in the amount of $140,437.00 to Waterfront Engineering Inc. of Tampa Florida and authorize the appropriate officials to execute same. SUMMARY: October 20, 2016, City Manager approved emergency repair proposals provided by Waterfront Engineering. As a result of Hurricane Hermine, two city maintained seawalls suffered catastrophic failures endangering adjacent upland properties. Once Engineering Designs were complete, former City Wide Seawall Contractor Waterfront Engineering was contacted for availability and replacement and repair costs. One of the failed seawalls is on Clearwater Beach and the other along Stevenson Creek. Notice to Proceed will follow permit issuance. Estimated start is the week of November 21, 2016. Waterfront Engineering has successfully completed 15 seawall repairs for the city without incident over the past three years. APPROPRIATION CODE AND AMOUNT: 0315-93412-563800-539-000-0000 $57,750 0315-93412-563800-539-000-0000 $82,687 Funds are available in capital improvement project 315-93412, City-wide Seawall Replacement, to fund this contract. Page 1 City of Clearwater Printed on 11/10/2016 CLEARWATERBEACH PARKINGLOT #32 HAMDEN DR CORONADO DR S GULFVIEW BLVD FIFTH ST BRIGHTWATER DR BAYSIDE DR LOCATION MAP ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m PROJECTSITE CRM EC N.T.S.276A 08-29s -15 w10/2 5/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: EMERGENCY SEAWALL REPAIRSClearwater Beach Parking Lot #32 Documen t Path: V:\GIS\Engine ering \Lo cation Maps\EmerSeawallReprClearwate rBe ach#32.mxd GULF OF MEXICO STEV E N S O N C R E E K N BETT Y L N STATE ST SUNSET POINT RD SYLVAN DR P INELAND DR CHENANGO AVE COLES RD FULLER DR VISTA WAY MACOMBER AVE SYLVAN DR ALOHA LN SHERIDAN RD LOCATION MAP ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m PROJECTSITE CRM EC N.T.S.260B 03-29s -15 w10/2 5/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: EMERGENCY SEAWALL REPAIRSStevenson Creek Seawall alo ng Fuller Dr. Documen t Path: V:\GIS\Engine ering \Lo cation Maps\EmerSeawallReprSteven sonCreek .mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2963 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the renewal of Gator Grading and Paving, LLC, of Palmetto FL, construction contract for the 2015 Street Resurfacing Project (14-0051-EN) for two one-year terms, based on unit prices only in the amount of $4,000,000 ($2,000,000 per year), and authorize the appropriate officials to execute same. (consent) SUMMARY: August 20, 2015, City Council awarded the 2015 Streets Resurfacing contract on a unit price basis in the amount of $2,500,863.85. The City of Clearwater annual street resurfacing program is designed to prevent deterioration of roadway wearing surfaces. The process of resurfacing includes milling a roadway and replacing with an asphalt overlay. This provides a protective coating and maintains the integrity of a roadway’s substructure. Resurfacing allows for an improved ride and safer roads for residents and visitors of the City. Streets that are scheduled for resurfacing in this contract were determined using the City’s pavement management consultants, citizen requests, and staff observations; all have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by engineering staff. Locations for resurfacing include but are not limited to Enterprise Road, Village Drive and Landmark Drive South of SR580, barring any major objections by respective utilities located within project locations. Gator Grading and Paving has performed well for the City and agreed to renew their competitive unit pricing from 2015. APPROPRIATION CODE AND AMOUNT: 0315-92277-563700-541-000-0000 $2,000,000 Funding is available in Capital Improvement Program project 0315-92277, Streets and Sidewalks, to fund estimated expenditures for FY17 and funding of $2,000,000 will be included in the FY18 Capital Improvement Project budget to fund these two contract years. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2016 Bid Item Item Description Unit Qty.Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 FULL WIDTH MILLING (UP TO 2”)SY 230,000 $ 2.20 $ 506,000.00 $ 1.70 $ 391,000.00 $ 1.84 $ 423,200.00 $ 2.71 $ 623,300.00 2 FULL WIDTH MILLING (2” TO 4”)SY 2,000 $ 10.00 $ 20,000.00 $ 5.15 $ 10,300.00 $ 4.56 $ 9,120.00 $ 8.92 $ 17,840.00 3 SP 12.5 ASPHALT CONCRETE RESURFACING TN 7,000 $ 103.00 $ 721,000.00 $ 94.50 $ 661,500.00 $ 97.47 $ 682,290.00 $ 113.00 $ 791,000.00 4 SP 9.5 ASPHALT CONCRETE RESURFACING TN 11,000 $ 113.50 $ 1,248,500.00 $ 99.90 $ 1,098,900.00 $ 108.72 $ 1,195,920.00 $ 122.50 $ 1,347,500.00 5 MANHOLE RISER INSTALLATION EA 25 $ 150.00 $ 3,750.00 $ 117.50 $ 2,937.50 $ 150.00 $ 3,750.00 $ 150.00 $ 3,750.00 6 PAVEMENT MARKING – CROSSWALKS (LANE)LF 310 $ 14.00 $ 4,340.00 $ 14.75 $ 4,572.50 $ 5.00 $ 1,550.00 $ 5.27 $ 1,633.70 7 PAVEMENT MARKING – STOP BARS (LANE)EA 40 $ 21.20 $ 848.00 $ 23.00 $ 920.00 $ 20.00 $ 800.00 $ 21.10 $ 844.00 8 PAVEMENT MARKING – SCHOOL CROSSING/RR EA 4 $ 60.00 $ 240.00 $ 64.00 $ 256.00 $ 75.00 $ 300.00 $ 79.11 $ 316.44 9 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS EA 5 $ 37.00 $ 185.00 $ 40.00 $ 200.00 $ 30.00 $ 150.00 $ 31.65 $ 158.25 10 PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW) LF 2,850 $ 0.40 $ 1,140.00 $ 0.40 $ 1,140.00 $ 0.30 $ 855.00 $ 0.32 $ 912.00 11 PAVEMENT MARKING – SOLID WHITE LF 8,070 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.26 $ 2,098.20 12 PAVEMENT MARKING – SOLID DOUBLE YELLOW LF 6,650 $ 0.45 $ 2,992.50 $ 0.45 $ 2,992.50 $ 0.50 $ 3,325.00 $ 0.53 $ 3,524.50 13 PAVEMENT MARKING – SOLID YELLOW LF 5,400 $ 0.35 $ 1,890.00 $ 0.35 $ 1,890.00 $ 0.25 $ 1,350.00 $ 0.26 $ 1,404.00 14 TEMPORARY PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS EA 95 $ 40.00 $ 3,800.00 $ 40.00 $ 3,800.00 $ 30.00 $ 2,850.00 $ 31.65 $ 3,006.75 15 PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT SIGNS LS 1 $ 4,250.00 $ 4,250.00 $ 2,270.00 $ 2,270.00 $ 4,800.00 $ 4,800.00 $ 6,000.00 $ 6,000.00 16 TEMPORARY PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW)LF 2,850 $ 0.25 $ 712.50 $ 0.25 $ 712.50 $ 0.30 $ 855.00 $ 0.32 $ 912.00 17 TEMPORARY PAVEMENT MARKING – SOLID WHITE LF 8,070 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.26 $ 2,098.20 18 TEMPORARY PAVEMENT MARKING – SOLID DOUBLE YELLOW LF 6,650 $ 0.35 $ 2,327.50 $ 0.35 $ 2,327.50 $ 0.50 $ 3,325.00 $ 0.53 $ 3,524.50 19 TEMPORARY PAVEMENT MARKING – SOLID YELLOW LF 5,400 $ 0.20 $ 1,080.00 $ 0.25 $ 1,350.00 $ 0.25 $ 1,350.00 $ 0.26 $ 1,404.00 20 REMOVE AND REPLACE TYPE I CURB (CITY INDEX 101 – SHEET 1 OF 2)LF 300 $ 57.00 $ 17,100.00 $ 40.00 $ 12,000.00 $ 37.50 $ 11,250.00 $ 57.00 $ 17,100.00 21 REMOVE AND REPLACE VALLEY GUTTER CURB (CITY INDEX 101 – SHEET 202)LF 600 $ 55.00 $ 33,000.00 $ 45.00 $ 27,000.00 $ 42.50 $ 25,500.00 $ 63.00 $ 37,800.00 BID OPENING DATE: JULY 21, 2015 at 1:30 p.m. AWARD DATE: AUGUST 20, 2015 PROJECT NAME & #: 2015 STREET RESURFACING PROJECT (#14-0051-EN) Preferred Materials, Inc. 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 STREETS RESURFACING Ajax Paving Industries of Florida, LLC 5100 W Lemon St. Suite 106 Tampa, FL 33609 Gator Grading & Paving 2704 105th St. E Palmetto, FL 34221 Hubbard Construction Co. DBA. Tampa Pavement Constructors 918 E. Busch Blvd. Tampa, FL 33612 Revised 8/17/2015 Bid Item Item Description Unit Qty.Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost BID OPENING DATE: JULY 21, 2015 at 1:30 p.m. AWARD DATE: AUGUST 20, 2015 PROJECT NAME & #: 2015 STREET RESURFACING PROJECT (#14-0051-EN) Preferred Materials, Inc. 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Ajax Paving Industries of Florida, LLC 5100 W Lemon St. Suite 106 Tampa, FL 33609 Gator Grading & Paving 2704 105th St. E Palmetto, FL 34221 Hubbard Construction Co. DBA. Tampa Pavement Constructors 918 E. Busch Blvd. Tampa, FL 33612 22 CONSTRUCT 5 FOOT WIDE ADA RAMP (CITY INDEX 109 – SHEET 2 OF 3) EA 20 $ 2,250.00 $ 45,000.00 $ 2,200.00 $ 44,000.00 $ 1,450.00 $ 29,000.00 $ 3,000.00 $ 60,000.00 $ 2,622,190.50 $ 2,274,103.50 $ 2,405,575.00 $ 2,926,126.54 24 10 % Contingency Streets Resurfacing LS 1 $ 262,219.05 $ 262,219.05 $ 227,410.35 $ 227,410.35 $ 240,557.50 $ 240,557.50 $ 292,612.65 $ 2,884,409.55 $ 2,501,513.85 $ 2,646,132.50 $ 3,218,739.19 ALTERNATE 1 23 CONTRACTOR RETAINS PROJECT MILLINGS (DEDUCT)TN 13000 (5.60)$ (72,800.00)$ (0.05)$ (650.00)$ (1.00)$ (13,000.00)$ (1.00)$ (13,000.00)$ Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) Streets Resurfacing Subtotal: BIDDERS GRAND TOTAL STREETS RESURFACING: Revised 8/17/2015 U S-19 N U S-19 N SR 580 SR 580 SR 580 SR 580 US-19 N US-19 N McMULLEN-BOOTH RD McMULLEN-BOOTH RD ENTERPRISE RD EENTERPRISE RD E N BELCHER RD N BELCHER RD ENTERPRISE RD ENTERPRISE RD ENTERPRISE RDENTERPRISE RD LANDMARK DR LANDMARK DR NORTHSIDE DR NORTHSIDE DR V I L L A G E D R V I L L A G E D R E N T E R P R I S E R D E N T E R P R I S E R D LANDMARK DR LANDMARK DR 2017 STREET RESURFACING PROJECT ( 14-0051-EN) MBK 20,333 890,902 Map Gen By: SQ. FT.:Length: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com LOCATION MAP ² N.T.S.Scale: 10/26/2016 1 of 1Page: Document Path: S:\Engin\ENGINEERING PROJECTS\ROADS BRIDGES AND SIDEWALKS\2016\Enterprise Rd\EnterpriseVillage.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2970 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk Wharton-Smith, Inc. of Sanford, Florida, for construction of utilities on State Road (SR) 60 from Belcher Road to Landry Avenue (15-0040-UT) with Guaranteed Maximum Price of $696,868.70; and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, City Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. Florida Department of Transportation (FDOT) has active project SR 60 from Highland Avenue to Damascus Road to install new storm inlets, storm pipes, intersection improvements and mill and resurface the road. The City has existing water mains and a sanitary sewer main at the intersection of Belcher Road and SR 60 which need to be adjusted, relocated or rehabilitated to accommodate the FDOT project. In addition, there are 8-inch VCP sanitary sewer mains, at seven locations between Belcher Road and Landry Avenue, which need to be replaced with PVC pipe because of the proposed storm inlets being installed as part of this FDOT project. Work shall commence upon award and execution of the proposal and will be completed 85 calendar days from the notice to proceed date. APPROPRIATION CODE AND AMOUNT: 0327-96634-563800-535-000-0000 $379,115.88 0327-96742-563800-535-000-0000 $317,752.82 Funds are available in Utility Renewal and Replacement projects in amounts of $379,115.88 from 327-96634, Sanitary Utility Relocation Accommodations and $317,752.82 from Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2970 0327-96742, Line Relocation - Capital to fund this proposal for $696,868.70. Page 2 City of Clearwater Printed on 11/10/2016 3rd ST S BELCHER RD GULF-TO-BAY BLVD S MAIN AVE NASH ST 5th ST 6th ST 4th ST 9th ST RAINBOW DR SHELLEY ST WHITMAN ST CHAUCER ST 7th ST 8th ST CLEVELAND ST PINEWOOD AVE N MAIN AVE N MAYWOOD AVE MAPLEWOOD AVE S MAYWOOD AVE EASTWOOD DR 5th ST 6th ST 7th ST 1st ST 3rd ST 1st ST 2nd ST 2nd ST 3rd ST 1st ST 8th ST LANDRY AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK PD N.T.S.n/a n/a10/28/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: FDOT Permits for Sanitary Sewer and Water Main Replacement at Various Locations on Gulf to Bay Blvd ^^^ PROJECTSITESPROJECTSITESPROJECTSITES Document Path: V:\GIS\Engineering\Location M aps\FDOT_Perm its_Sanitary_LocationM ap.mxd August 19, 2016 Wharton-Smith, Inc. Attention: Dawn Bragg 750 Monroe Rd. Sanford, FL 32771 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Ms. Bragg: Wharton-Smith. Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) 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 Contractor 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. Specific work may require additional coverage on a case by case basis: 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 $1,000,000 (one million dollars) per occurrence and $2,000,000 (two 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. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 8/31/2016 Bouchard Insurance Inc. 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 727 447-6481 727 449-1267 clcerts@bouchardinsurance.com Wharton-Smith, Inc. PO Box 471028 Lake Monroe, FL 32747 Amerisure Insurance Company Starr Indemnity & Liability Co Liberty Insurance Underwriters XL Specialty Insurance Co Berkley Assurance Company 19488 38318 19917 37885 39462 A X X X Y Y GL20361081101 04/01/2016 04/01/2017 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X X X Y Y CA20361071001 04/01/2016 04/01/2017 1,000,000 B C X X Y Y Y Y 1000022675 100008433603 04/01/2016 04/01/2016 04/01/2017 04/01/2017 20,000,000 20,000,000 A N Y WC203610910 04/01/2016 04/01/2017 X 1,000,000 1,000,000 1,000,000 D E E Rented Equipment Pollution Liab Professional Liab UM00024961MA16A PCADB50004750416 PCADB50004750416 04/01/2016 04/01/2016 04/01/2016 04/01/2017 04/01/2017 04/01/2017 1,500,000 5,000,000 5,000,000 PROJECT: CMAR SERVICES FOR CONTINUING CONTRACTS RFQ #24-16 CITY OF CLEARWATER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND SUBJECT TO THE TERMS, CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. (See Attached Descriptions) CITY OF CLEARWATER ATTN: ENGINEERING CONTRACT SPECIALIST RFQ #24-16 P.O. BOX 4748 CLEARWATER, FL 33758-4748 1 of 2 #S503000/M456743 WHARTONSClient#: 26140 JANFI SAGITTA 25.3 (2014/01) DESCRIPTIONS (Continued from Page 1) Blanket Loss Payee Applies for Rented and Leased Equipment Rented and Leased Equipment Deductible: $2,500 standard deductible $25,000 deductible applies to all cranes, directional boring equipment and items valued over $750,000. Explosion, Collapse and Underground exposures are included coverages under the general liability policy. Coverage is primary as respects to General Liability and Automobile Liability and non-contributory as subject to the terms,conditions and exclusions of your policy. Waiver of subrogation applies in favor of certificate holder as respects to General Liability, Automobile Liability and Workers Compensation only if required by written contract, and subject to the terms, conditions and limits as specified in the policy. It is agreed by endorsement to the General Liability, Automobile Liability and Workers Compensation policies that these policies shall not be canceled by the insurance carrier without first giving thirty (30)days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. NOTICE: Bouchard Insurance is required to comply with the licensing agreement we hold with ACORD. ACORD, in conjunction with the Department of Insurance, creates and enforces the rules and regulations pertaining to proper use of the Certificate of Liability Insurance form. We are required to mark a Y next to the line of business in which the Additional Insured or Waiver of Subrogation coverage applies. According to ACORD, the Description of Operations section must be limited to describing information necessary to identify the operations, locations and vehicles for which the certificate was issued. Please note the Description of Operations section of the Certificate cannot be used to add additional information except as just described. Marking a Y next to the line of business adequately documents coverage. Equally important, it satisfies the rules and regulations governing the proper use of the Certificate of Liability Insurance form. Certificate is a reflection of the current coverages provided for the insured. Limits and coverages are afforded to the certificate holder only if required by written contract. 2of 2 #S503000/M456743 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2985 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a Contract (Purchase Order) to CALE America Inc. in the amount of $201,048.45 for three years, December 1, 2016 through November 30, 2019, to upgrade parking meter equipment, provide for parts exchange service, and authorize the appropriate officials to execute same. (consent) SUMMARY: CALE America Inc. is the current manufacturer and service support for our multi-space pay stations, and has been since the first purchase in 2007. Since that time, the City has invested a total of $661,550 for a total of 65 pay stations. The most recent purchase was in 2010. They continue to operate under the harshest of conditions at the beach which includes wind, rain, extreme heat and humidity while other competitive units have not been as durable. On January 1, 2017, 2G communication will be phased out and chip card capability will be mandatory. Currently, there are a total of 65 units that need to be upgraded to 3G technology at a cost of $161,000. The upgrades will allow for EMV cards that have magnetic strips to continue to be used but will have the technology installed to upgrade to EMV chip only cards when that becomes the new mandate. This contract, also, includes a parts exchange program in years two, at $19,500, and three at $20,548.45, after the warranty expires. This program provides for exchange of major components allowing the City to maintain the units without the need for service visits by the manufacturer. Cale America is sole source provider to match existing equipment for upgrade to required 3G communications. APPROPRIATION CODE AND AMOUNT: 0315-92564-563800-545-000-0000 $161,000.00 FY2017 0435-01333-550400-545-000-0000 $ 40,048.45 FY2018 & FY2019 Funding is available in Capital Improvement Project 0315-92654, parking Lot Improvements, in the amount of $161,000 for the fiscal year 2017 portion of the contract. Funding in the amounts of $19,500 and $20,548.45 will be included in Parking System operations recommended budget to fund Fiscal Years 2018 and 2019 (respectively) for the parts program. Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2985 Page 2 City of Clearwater Printed on 11/10/2016 Cale - Confidential Quotation For: Clearwater Quote Issued: October 31, 2016 Quote Expires: November 30, 2016 Quote Name: Clearwater (MPC to CWT upgrade + 3G) Quote ID: 2-1 General Information Bill To: Contact: Clearwater Clearwater 100 South Myrtle Ave #220 Clearwater, FL 33758 100 South Myrtle Ave #220 Clearwater, FL 33758 Prepared By: Prepared For: Andreas Jansson Sue Tellier / Robert Skinner Equipment Product Name Quantity Unit Price Discount Year One Total Year Two Total Year Three Total MPC to CWT + 3G Upgrade 65 $2,450.00 $159,250.00 Parts kit 2 $1,750.00 50% $1,750.00 Annual Total $161,000.00 $0.00 $0.00 On-Going Services Product Name Quantity Sales Price Discount Year One Total Year Two Total Year Three Total PartSmart Parts Exchange 65 $300.00 100% $0.00 $19,500.00 $20,548.45 Annual Total $0.00 $19,500.00 $20,548.45 General Services Product Name Quantity Sales Price Discount Year One Total Year Two Total Year Three Total CWT Installation 65 $0.00 $0.00 Training 1 $0.00 $0.00 Annual Total $0.00 $0.00 $0.00 Total Costs Year One Total Year Two Total Year Three Total $161,000.00 $19,500.00 $20,548.45 All prices stated are exclusive of taxes and shipping costs unless specifically itemized in this quotation. Customer is responsible for all taxes or providing proof of tax-exempt status. By accepting this order, Customer agrees to be bound by all applicable terms and conditions or terms of existing contract(s) between Customer and Cale for the same products and services, if any: Accepted by: ______________________________ Date: _____/_____/_____ Quote Acceptance Information Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2978 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) in the amount of $ 190,434.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one 2017 Ford F450 Chassis with an Osage 148-inch Warrior Rescue, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: This ambulance will be purchased through the Florida Sheriff ’s Association and Florida Association of Counties Bid FSA 16 - VEF12.0, effective through March 31, 2017. The new vehicle, Rescue 49, will be located at the Clearwater Mall station and replace a unit purchased in 2010. The unit it replaces will move to reserve status and replace a unit G# 2742, which will be retired. Due to the age, mileage, and maintenance costs of this vehicle , it has been determined to have reached the end of its useful life as a front line rescue unit. Clearwater Fire and Rescue performs emergency medical services (EMS) under a contract with the Pinellas County EMS Authority. The proposed purchase was included in the Fiscal Year 2017 contract with the Authority and the budget submitted to Pinellas County ; the City will be reimbursed for the purchase. Lease purchase funding was included in the six -year City’s Capital Improvement 2017 budget in project 316-91236, Rescue Vehicles. Funds for debt payments are included in the FY 2017 department operating budget. Estimated annual operating costs of $ 51,160.00 in the department’s operating budget include debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 316-91236, Rescue Vehicles , to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2016 9-27-16 TO: Steve Strong CFO, CFEI, CFII Fire Division Chief / Fire Marshall Fire Prevention Services & Support Services Clearwater Fire & Rescue 1140 Court Street Clearwater, Florida 33756 Chief Strong, Please accept t his quote for one (1) 2017 Ford F450 Chassis with an Osage 148” Warrior Rescue Modular Body. FSA BASE PRICE $148,849.00 Options $41,585.00 Total Price: $190,434.00 Per Florida Sheriff’s Association Bid FSA 16-VEF12.0 (April 6,2016 to March 31,2017) Price is effective for 120 days from above stated date. 1. Final inspection will be at the Ten-8 Service Center in Bradenton 2. Final delivery will be to the Clearwater Fire & Rescue administration 3. Per existing specifications of previous Osage units 4. DOES NOT include a stretcher Thank you for your support of Ten-8 Fire Equipment and Osage Ambulances for this opportunity to provide your department ’s new rescue quote. Sincerely, Wayne Stowell Wayne Stowell 727-647-7442 Ten-8 Fire Equipment 2904 59th Ave. Dr. E. Bradenton, FL 34203 www.ten8fire.com Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-08028 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve the annexation of 606 South Bayview Avenue and an unaddressed parcel on South Bayview Avenue located approximately 220 feet south of Gulf to Bay Boulevard; and pass Ordinance 8957-16 on first reading. (ANX2016-08028) SUMMARY: This voluntary annexation petition involves two parcels of land totaling 1.18 acres. The property addressed as 606 South Bayview Avenue is occupied by a single family home, and the unaddressed parcel is vacant. The parcels are located generally south of Gulf to Bay Boulevard, west of the Bayside Bridge, north of Old Tampa Bay, and east of Thornton Road . The applicant is requesting annexation in order to receive solid waste, water, and sanitary sewer service from the City upon the site ’s redevelopment. The properties are contiguous to existing city limits along at least one property boundary. The applicant has also submitted applications to change the properties’ Future Land Use Map designations of Residential Low (RL), Residential Urban (RU) and Residential Low Medium (RLM) to Institutional (I) (LUP2016-08007) and to rezone the properties to the Institutional (I) District (REZ2016-08004) upon annexation into the City of Clearwater. 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: ·Collection of solid waste, sanitary sewer and water service will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with water, 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. Page 1 City of Clearwater Printed on 11/10/2016 File Number: ANX2016-08028 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 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 11/10/2016 Ordinance No. 8957-16 ORDINANCE NO. 8957-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF GULF TO BAY BOULEVARD, WEST OF THE BAYSIDE BRIDGE, NORTH OF OLD TAMPA BAY, AND EAST OF THORNTON ROAD, WHOSE POST OFFICE ADDRESS IS 606 SOUTH BAYVIEW AVENUE, ALONG WITH AN UNADDRESSED PARCEL APPROXIMATELY 220 FEET SOUTH OF GULF TO BAY BOULEVARD, ALL IN CLEARWATER, FLORIDA 33759, 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 owner of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions; (ANX2016-08028) 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. 8957-16 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 ANX2016‐08027 Tract “B” and Tract “A”, D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida: Together with the east 50 feet of Lot 1, Browns Subdivision of Bayview, Florida according to the plat as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; Less the north portion lying 330 feet South from the street centerline of State Road 60 (Gulf to Bay Boulevard); Together with Metes and Bounds Tract 32/01 in Section 16, Township 29 South, Range 16 East. The Pinellas County Property Appraiser provides the description of this tract recorded in Official Records Book 12205, Page 1063. Per Hamilton Engineering & Surveying, Inc. this instrument does not close by 19.22 feet North and 9.43 feet West and cannot be used. Hamilton Engineering & Surveying, Inc. provided a new description in their Job Number 03100.0001, dated March 19th, 2016, as follows: As a point of reference begin at the Southwest corner of Tract “C”, D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida and proceeds North 66°37’55” East, along the Southerly boundary of said Tract “C”, a distance of 259.36 feet to the Southeast corner of said Tract “C” and a point on the Westerly Right‐of‐Way line of Bayview Avenue; thence South 21°05’09” East along said Westerly Right‐of‐Way line, a distance of 139.87 feet to the Northeast corner of that certain tract of land described in Official Records Book 16119, Page 2585, Public Records of Pinellas County, Florida; thence South 68°04’07” West, along the Northerly boundary of said tract, a distance of 312.58 feet to the Northwest corner of said tract; thence North 00°37’00” East, a distance of 144.39 feet to the Point of Beginning. Exhibit B PROPOSED ANNEXATION Owner(s): Our Lady of Divine Providence House of Prayer Foundation, Inc. Case: ANX2016-08028 Site: Unaddressed South Bayview Avenue 606 South Bayview Avenuw Property Size(Acres): ROW (Acres): 1.18 Land Use Zoning PIN: 16-29-16-49824-000-0020 16-29-16-00000-320-0100 From : RL, RU, RLM R-4 Atlas Page: 301A To: I I 60 60 50 40 60 60 82 7 A 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 4.3 SEE PLAT FOR DIMENSIONS* 50 5 0 5 0 5 0 5 0 5 0 5 8 5 0 6 6 5 0 5 8 50 58 50 5 0 5 4 49824 5 3 8 9 2 83106 3 5 6 7 A B C 1 2 3 4 2 3 1 2 3 4 2 3 TRACT A TRACT C TR 4 5 4 5 6 7 8 11 32/01 32/02 4.78 32/03 60 73353 1 50 40 2 17 18 1 A C(C) A C(C) 1 3 2 1 3 2 1 1 B A Y V I E W A V E C R 3 1 GULF-TO-BAY BLVD ROGERS ST M E A D O W L A R K L N BAY ST 7 1 7 5 1 0 5 1 7 7 0 2 5 2 0 517 7 1 1 6 0 3 6 0 7 7 1 7 7 1 4 7 0 7 29 9 5 2990 3009 3 0 1 2 3035 2991 3060 2997 2991 3 0 1 7 3 0 1 9 3 0 1 0 3070 3040 2975 2970 2999 6 0 6 519 3006 3 0 2 73 0 2 1 3 0 3 1 3000 3018 3004 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 8/10/2016 LOCATION MAP Owner(s): Our Lady of Divine Providence House of Prayer Foundation, Inc. Case: ANX2016-08028 Site: Unaddressed South Bayview Avenue 606 South Bayview Avenuw Property Size(Acres): ROW (Acres): 1.18 Land Use Zoning PIN: 16-29-16-49824-000-0020 16-29-16-00000-320-0100 From : RL, RU, RLM R-4 Atlas Page: 301A To: I I BAYVIEW AVE GULF-TO-BAY BLVD B A Y S I D E B R G McMULLEN-BOOTH RD C R 3 1 DOWNING ST JOHNS PKWY BAHAMA LN ELIZABETH AVE THORNTON RD ST . M A R T I N L N K ST MEADOW LARK LN LEEWARD ISLE ROGERS ST BAY ST EAST AVE WEST AVE FEATH E R WO O D C T -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 8/10/2016 ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Our Lady of Divine Providence House of Prayer Foundation, Inc. Case: ANX2016-08028 Site: Unaddressed South Bayview Avenue 606 South Bayview Avenuw Property Size(Acres): ROW (Acres): 1.18 Land Use Zoning PIN: 16-29-16-49824-000-0020 16-29-16-00000-320-0100 From : RL, RU, RLM R-4 Atlas Page: 301A To: I I B A Y V I E W A V E B A Y V I E W A V E C R 3 1 C R 3 1 GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST M E A D O W L A R K L N M E A D O W L A R K L N BA Y ST BA Y ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 8/10/2016 EXISTING SURROUNDING USES MAP Owner(s): Our Lady of Divine Providence House of Prayer Foundation, Inc. Case: ANX2016-08028 Site: Unaddressed South Bayview Avenue 606 South Bayview Avenuw Property Size(Acres): ROW (Acres): 1.18 Land Use Zoning PIN: 16-29-16-49824-000-0020 16-29-16-00000-320-0100 From : RL, RU, RLM R-4 Atlas Page: 301A To: I I 60 60 50 40 60 60 82 7 A 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 4.3 SEE PLAT FOR DIMENSIONS* 50 5 0 5 0 5 0 5 0 5 0 5 8 5 0 6 6 5 0 5 8 50 58 50 5 0 5 4 49824 5 3 8 9 2 83106 3 5 6 7 A B C 1 2 3 4 2 3 1 2 3 4 2 3 TRACT A TRACT C TR 4 5 4 5 6 7 8 11 32/01 32/02 4.78 32/03 60 73353 1 50 40 2 17 18 1 A C(C) A C(C) 1 3 2 1 3 2 1 1 B A Y V I E W A V E C R 3 1 GULF-TO-BAY BLVD ROGERS ST M E A D O W L A R K L N BAY ST 7 1 7 5 1 0 5 1 7 7 0 2 5 2 0 517 7 1 1 6 0 3 6 0 7 7 1 7 7 1 4 7 0 7 29 9 5 2990 3009 3 0 1 2 3035 2991 3060 2997 2991 3 0 1 7 3 0 1 9 3 0 1 0 3070 3040 2975 2970 2999 6 0 6 519 3006 3 0 2 73 0 2 1 3 0 3 1 3000 3018 3004 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 8/10/2016 Place of Worship Place of Worship Vacant Mobile Home Park Commercial Park Single Family Residential View looking west at the subject property, 606 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 606 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 0 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 0 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2016-08007 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Commercial General (CG), Residential Low (RL), Residential Urban (RU), and Residential Low Medium (RLM) categories to the Institutional (I) category for 520 and 606 South Bayview Avenue and two unaddressed parcels on South Bayview Avenue; and pass Ordinance 8958-16 on first reading. (LUP2016-08007) SUMMARY: This Future Land Use Map amendment involves four parcels of land totaling 2.62 acres on the west side of South Bayview Avenue generally located south of Gulf to Bay Boulevard, east of Thornton Road, north of Old Tampa Bay, and west of the Bayside Bridge. The parcels are owned by Our Lady of Divine Providence House of Prayer Foundation, Inc. The parcel addressed as 606 South Bayview Avenue is currently occupied by a single family home, and the remaining parcels are vacant . The applicant is requesting to amend the properties’ Future Land Use Map designations of Commercial General (CG), Residential Low (RL), Residential Urban (RU), and Residential Low Medium (RLM) to Institutional (I). The applicant currently operates a religious retreat to the south and southeast, and this amendment would allow the applicant to expand their campus with additional facilities. The applicant has submitted petitions for annexation for two parcels (ANX2016-08028) and a Zoning Atlas amendment (REZ2016-08004) which are being processed concurrently with this case. The proposed Institutional (I) category would permit development at a density of 12.5 dwelling units per acre, or a FAR of 0.65. However, the City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses . The proposed Institutional (I) future land use category recognizes the historical use of Our Lady of Divine Providence ’s religious retreat, allowing it to be expanded while maintaining the character and scale of development presently found along South Bayview Avenue. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·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 11/10/2016 File Number: LUP2016-08007 In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its October 18, 2016 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 Ordinance No. 8958-16 ORDINANCE NO. 8958-16 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 GULF TO BAY BOULEVARD, WEST OF THE BAYSIDE BRIDGE, NORTH OF OLD TAMPA BAY, AND EAST OF THORNTON ROAD, WHOSE POST OFFICE ADDRESSES ARE 606 SOUTH BAYVIEW AVENUE AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF SOUTH BAYVIEW AVENUE APPROXIMATELY 220 FEET SOUTH OF GULF TO BAY BOULEVARD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); AND TO CHANGE THE FUTURE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF GULF TO BAY BOULEVARD, WEST OF THE BAYSIDE BRIDGE, NORTH OF OLD TAMPA BAY, AND EAST OF THORNTON ROAD, WHOSE POST OFFICE ADDRESSES ARE 520 SOUTH BAYVIEW AVENUE AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF SOUTH BAYVIEW AVENUE APPROXIMATLEY 110 FEET SOUTH OF GULF TO BAY BOULEVARD, ALL IN CLEARWATER, FLORIDA 33759, FROM RESIDENTIAL LOW (RL), RESIDENTIAL URBAN (RU), RESIDENTIAL LOW MEDIUM (RLM), AND COMMERCIAL GENERAL (CG) TO INSTITUTIONAL (I); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties as follows: Property Land Use Category See attached Exhibit A for Legal Description;From: Residential Low (RL), Residential Urban (RU), Residential Low Medium (RLM), and Commercial General (CG) To: Institutional (I) (LUP2016-08007) 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. Ordinance No. 8958-16 Section 3. This ordinance shall take effect contingent upon and subject to the adoption of Ordinance No. 8957-16 (annexation ordinance), approval of the land use designation 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 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 Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use 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 Exhibit A LUP2016‐08007, REZ2016‐08004 (As furnished by client and described in Official Records Book 10917, Page 1231 and Official Records Book 17255, Page 1883) Official Records Book 10917, Page 1231 Tract "B" and a portion of Tract "A", D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida, further described as follows: Commence at the Northwest corner of Government Lot 1, Section 16, Township 29 South, Range 16 East; thence proceed South 00°37' 45" West, 192.93 feet, to the Point of Beginning; thence from said Point of Beginning proceed North 70°00'06" East, 28.48 feet; thence South 21°47'45" East, 2.50 feet; thence North 76°25'32" East, 89.92 feet to the Easterly most line of said Tract "A", also being the Westerly Right‐of‐Way line of Bayview Avenue (platted County Highway); thence along said Right‐of‐ Way line South 21°05'29" East, 133.68 feet; thence South 72°16'34" West, 172.67 feet along the North line of Tract "B" to the Southwest corner of Tract "A"; thence North 00°37'03" East along the Westerly most line of said Tract "A", 146.03 feet; thence continue along said West line of Tract "A" North 00°37'03" East, 2.10 feet to the Point of Beginning. Together with a survey of the East 50 feet of Lot 1, Browns subdivision of Bayview, Florida according to the plat as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part, less the following: Commence at the Northwest corner of Government Lot 1, (NW corner of SW 1/4) Section 16, Township 29 South, Range 16 East; thence proceed South 0°37'03" West, 50.00 feet to the Point of Beginning. From said Point of Beginning proceed South 00"37'03" West, 145.03 feet; thence South 73°10'09" West, 52.38 feet; thence North 0°37'03" East, 160.00 feet to the South Right‐of‐Way line of S.R. 60; thence along said South Right‐of‐ Way line North 89°46'47" East, 50.00 feet to the Point of Beginning. Official Records Book 17255, Page 1883 Tract "C", D.E. Lame Survey, according to the map or plat thereof, as recorded in Plat Book 9, Page 20, of the Public Records of Pinellas County, Florida, and all land between said tract and the Westerly Right‐of‐ Way line of Bayview Avenue. (Tract "D" as surveyed) As a point of reference begin at the Southwest corner of Tract “C”, D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida and proceed North 66°37’55” East, along the Southerly boundary of said Tract “C”, a distance of 259.36 feet to the Southeast corner of said Tract “C” and a point on the Westerly Right‐of‐Way line of Bayview Avenue; thence South 21°05’09” East, along said Westerly Right‐of‐Way line, a distance of 139.87 feet to the Northeast corner of that certain tract of land described in Official Records Book 16119, Page 2585, Public Records of Pinellas County, Florida; thence South 68°04’07” West, along the Northerly boundary of said tract, a distance of 312.58 feet to the Northwest corner of said tract; thence North 00°37’00” East, a distance of 144.39 feet to the Point of Beginning. Exhibit B FUTURE LAND USE MAP Owner(s): Our Lady of Divine Providence House of Prayer Foundation, LLC Case: LUP2016-08007 REZ2016-08004 Site: 606 S. Bayview Ave 520 S. Bayview Ave Two Unaddressed parcels along S. Bayview Ave Property Size(Acres): 2.62 Land Use Zoning PIN: 16-29-16-00000-320-0100 16-29-16-49824-000-0011 16-29-16-49824-000-0020 16-29-16-49824-000-0030 From: CG, RL, RLM, RU R-4, C, LMDR, MHP To: I I Atlas Page: 301A 60 60 50 40 60 60 82 7 A 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 4.3 SEE PLAT FOR DIMENSIONS* 50 5 0 5 0 5 0 5 0 5 0 5 8 5 0 6 6 5 0 5 8 50 58 50 5 0 5 4 49824 5 3 8 9 2 83106 3 5 6 7 A B C 1 2 3 4 2 3 1 2 3 4 2 3 TRACT A TRACT C TR 4 5 4 5 6 7 8 11 32/01 32/02 4.78 32/03 60 73353 1 50 40 2 17 18 1 A C(C) A C(C) 1 3 2 1 3 2 1 1 B A Y V I E W A V E C R 3 1 GULF-TO-BAY BLVD ROGERS ST M E A D O W L A R K L N BAY ST II RLM RU RLM R/OS CG CG CG RU CG CG CG RL ROAD RL WATER 7 1 7 5 1 7 7 0 2 7 1 1 6 0 3 6 0 7 7 1 7 7 0 7 29 9 5 2990 3 0 1 2 3035 2991 2997 2991 3 0 1 7 3 0 1 0 3070 3040 2975 2970 2999 5 1 0 5 2 0 6 0 6 517 519 7 1 4 3006 3 0 2 73 0 2 1 3 0 3 1 3009 3000 3018 3060 3 0 1 9 3004 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 8/24/2016 View looking west at the subject property, 520 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 520 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 606 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 606 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 0 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 0 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 0 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 0 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2016-08004 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the R-4, One, Two and Three Family Residential (Pinellas County), Commercial (C), Low Medium Density Residential (LMDR), and Mobile Home Park (MHP) Districts to the Institutional (I) District for 520 and 606 South Bayview Avenue and two unaddressed parcels on South Bayview Avenue; and pass Ordinance 8959-16 on first reading. (REZ2016-08004) SUMMARY: This Zoning Atlas amendment involves four parcels of land totaling 2.62 acres on the west side of South Bayview Avenue generally located south of Gulf to Bay Boulevard, east of Thornton Road, north of Old Tampa Bay, and west of the Bayside Bridge. The parcels are owned by Our Lady of Divine Providence House of Prayer Foundation, Inc. The parcel addressed as 606 South Bayview Avenue is currently occupied by a single family home, and the remaining parcels are vacant . The applicant is requesting to rezone the properties from the R-4, One, Two and Three Family Residential (Pinellas County), Commercial (C), Low Medium Density Residential (LMDR), and Mobile Home Park (MHP) Districts to the Institutional (I) District. The applicant currently operated a religious retreat to the south and southeast, and this amendment would allow the applicant to expand their campus with additional facilities. The applicant has submitted petitions for annexation for two parcels (ANX2016-08028) and a Future Land Use Map amendment (LUP2016-08007) which are being processed concurrently with this case. The proposed Institutional (I) District will allow the site to be redeveloped with institutional uses, including a religious retreat. The Institutional (I) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. This amendment would allow the properties to be redeveloped and serve as part of the current Our Lady of Divine Providence campus that is located to the south and southeast of the amendment area. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Institutional (I) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the Page 1 City of Clearwater Printed on 11/10/2016 File Number: REZ2016-08004 traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Institutional (I) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its October 18, 2016 public hearing and unanimously recommended approval. Page 2 City of Clearwater Printed on 11/10/2016 Ordinance No. 8959-16 ORDINANCE NO. 8959-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF GULF TO BAY BOULEVARD, WEST OF THE BAYSIDE BRIDGE, NORTH OF OLD TAMPA BAY, AND EAST OF THORNTON ROAD, WHOSE POST OFFICE ADDRESSES ARE 606 SOUTH BAYVIEW AVENUE AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF SOUTH BAYSIDE AVENUE APPROXIMATELY 220 FEET SOUTH OF GULF TO BAY BOULEVARD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); AND BY REZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF GULF TO BAY BOULEVARD, WEST OF THE BAYSIDE BRIDGE, NORTH OF OLD TAMPA BAY, AND EAST OF THORNTON ROAD, WHOSE POST OFFICE ADDRESSES ARE 520 SOUTH BAYVIEW AVENUE AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF SOUTH BAYVIEW AVENUE APPROXIMATELY 110 FEET SOUTH OF GULF TO BAY BOULEVARD, ALL IN CLEARWATER, FLORIDA 33759 FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR), COMMERCIAL (C), AND MOBILE HOME PARK (MHP) TO INSTITUTIONAL (I); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described properties located in Pinellas County, Florida and Clearwater, Florida, are hereby rezoned and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Property Zoning District See attached Exhibit A for Legal Description; From: R-4, One, Two, Three Family Residential (Pinellas County); Low Medium Density Residential (LMDR); Mobile Home Park (MHP), and Commercial (C) To: Institutional (I) (REZ2016-08004) Ordinance No. 8959-16 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. 8957-16, and subject to the approval of the land use designations set forth in Ordinance 8958-16 by the Pinellas County Board of County Commissioners. 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 LUP2016‐08007, REZ2016‐08004 (As furnished by client and described in Official Records Book 10917, Page 1231 and Official Records Book 17255, Page 1883) Official Records Book 10917, Page 1231 Tract "B" and a portion of Tract "A", D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida, further described as follows: Commence at the Northwest corner of Government Lot 1, Section 16, Township 29 South, Range 16 East; thence proceed South 00°37' 45" West, 192.93 feet, to the Point of Beginning; thence from said Point of Beginning proceed North 70°00'06" East, 28.48 feet; thence South 21°47'45" East, 2.50 feet; thence North 76°25'32" East, 89.92 feet to the Easterly most line of said Tract "A", also being the Westerly Right‐of‐Way line of Bayview Avenue (platted County Highway); thence along said Right‐of‐ Way line South 21°05'29" East, 133.68 feet; thence South 72°16'34" West, 172.67 feet along the North line of Tract "B" to the Southwest corner of Tract "A"; thence North 00°37'03" East along the Westerly most line of said Tract "A", 146.03 feet; thence continue along said West line of Tract "A" North 00°37'03" East, 2.10 feet to the Point of Beginning. Together with a survey of the East 50 feet of Lot 1, Browns subdivision of Bayview, Florida according to the plat as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part, less the following: Commence at the Northwest corner of Government Lot 1, (NW corner of SW 1/4) Section 16, Township 29 South, Range 16 East; thence proceed South 0°37'03" West, 50.00 feet to the Point of Beginning. From said Point of Beginning proceed South 00"37'03" West, 145.03 feet; thence South 73°10'09" West, 52.38 feet; thence North 0°37'03" East, 160.00 feet to the South Right‐of‐Way line of S.R. 60; thence along said South Right‐of‐ Way line North 89°46'47" East, 50.00 feet to the Point of Beginning. Official Records Book 17255, Page 1883 Tract "C", D.E. Lame Survey, according to the map or plat thereof, as recorded in Plat Book 9, Page 20, of the Public Records of Pinellas County, Florida, and all land between said tract and the Westerly Right‐of‐ Way line of Bayview Avenue. (Tract "D" as surveyed) As a point of reference begin at the Southwest corner of Tract “C”, D.E. Lame Survey according to the plat thereof, as recorded in Plat Book 9, Page 20 of the Public Records of Pinellas County, Florida and proceed North 66°37’55” East, along the Southerly boundary of said Tract “C”, a distance of 259.36 feet to the Southeast corner of said Tract “C” and a point on the Westerly Right‐of‐Way line of Bayview Avenue; thence South 21°05’09” East, along said Westerly Right‐of‐Way line, a distance of 139.87 feet to the Northeast corner of that certain tract of land described in Official Records Book 16119, Page 2585, Public Records of Pinellas County, Florida; thence South 68°04’07” West, along the Northerly boundary of said tract, a distance of 312.58 feet to the Northwest corner of said tract; thence North 00°37’00” East, a distance of 144.39 feet to the Point of Beginning. Exhibit B ZONING MAP Owner(s): Our Lady of Divine Providence House of Prayer Foundation, LLC Case: LUP2016-08007 REZ2016-08004 Site: 606 S. Bayview Ave 520 S. Bayview Ave Two Unaddressed parcels along S. Bayview Ave Property Size(Acres): 2.62 Land Use Zoning PIN: 16-29-16-00000-320-0100 16-29-16-49824-000-0011 16-29-16-49824-000-0020 16-29-16-49824-000-0030 From: CG, RL, RLM, RU R-4, C, LMDR, MHP To: I I Atlas Page: 301A 60 60 50 40 60 60 82 7 A 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 4.3 SEE PLAT FOR DIMENSIONS* 50 5 0 5 0 5 0 5 0 5 0 5 8 5 0 6 6 5 0 5 8 50 58 50 5 0 5 4 49824 5 3 8 9 2 83106 3 5 6 7 A B C 1 2 3 4 2 3 1 2 3 4 2 3 TRACT A TRACT C TR 4 5 4 5 6 7 8 11 32/01 32/02 4.78 32/03 60 73353 1 50 40 2 17 18 1 A C(C) A C(C) 1 3 2 1 3 2 1 1 LMDR I MHP C B A Y V I E W A V E C R 3 1 GULF-TO-BAY BLVD ROGERS ST M E A D O W L A R K L N BAY ST I C MHP OS/R LMDR P LMDR 7 1 7 5 1 7 7 0 2 7 1 1 6 0 3 7 1 7 7 0 7 29 9 5 2990 3009 3 0 1 2 3035 2991 3060 2997 2991 3 0 1 7 3 0 1 9 3 0 1 0 3070 3040 2975 2970 2999 5 1 0 5 2 0 6 0 6 517 519 6 0 7 7 1 4 3006 3 0 2 73 0 2 1 3 0 3 1 3000 3018 3004 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 8/16/2016 View looking west at the subject property, 520 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 520 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 606 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 606 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 0 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 0 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue View looking west at the subject property, 0 South Bayview Avenue North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-08028; LUP2016-08007; REZ2016-08004 Our Lady of Divine Providence, House of Prayer, Inc. 0 South BayviewAvenue View looking northerly along South BayviewAvenueView looking southerly along South BayviewAvenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-09030 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.4 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 1411 Lemon Street, together with the abutting right-of-way of Lemon Street; and pass Ordinances 8962-16, 8963-16 and 8964-16 on first reading. (ANX2016-09030) SUMMARY: This voluntary annexation petition involves a 0.156-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the south side of Lemon Street approximately 1,150 feet west of Highland Avenue. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.096-acres of abutting Lemon Street right-of-way not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing city limits to the west and south. 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 service from the City. The closest sanitary sewer line is located in the adjacent Lemon Street right -of-way. The applicant has paid the City’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided to the property by 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 this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following 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 11/10/2016 File Number: ANX2016-09030 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 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 Low Medium Density Residential (LMDR). 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 west and south. 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 11/10/2016 Ordinance No. 8962-16 ORDINANCE NO. 8962-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET APPROXIMATELY 1,150 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1411 LEMON STREET, CLEARWATER, FLORIDA 33756, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF LEMON STREET, 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 property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 17, Block B, SUNNY PARK GROVES, according to the map or plat thereof as recorded in Plat Book 36, Page(s) 2, Public Records of Pinellas County, Florida, together with abutting right-of-way of Lemon Street; (ANX2016-09030) 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. 8962-16 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): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 0.096 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR 60 60 60 6025470 W V U 3 2 13121110 1234 9 10 11 12 123 4 9 10 11 12 12 3 4 7 8 9 10 848 84 9 85 0 60 60 60 66 86958 B 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 1 LEMON ST NURSERY RD SEABREEZE ST CITRUS ST SUN NY PA R K R D 14 3 5 1388 1433 1416 1 3 8 8 1425 1392 1412 1421 1408 1399 1416 1421 1396 1387 1429 1413 1398 1409 1431 1388 1406 1 3 8 9 1408 1438 1420 1420 1392 1406 1417 1425 14341394 1443 1435 1391 1424 1420 1 3 9 5 1415 1421 1432 1405 1428 1 3 9 1 1424 1404 1401 1389 1447 1401 1409 1412 1432 1413 1425 1412 1437 1417 1404 1 3 9 6 1424 1428 1416 1398 1413 1433 1428 1408 1420 1395 1424 1412 1417 1400 1388 14341 3 9 8 1395 1436 1429 01 11 1428 1436 1416 1411 1 25 1399 1399 33 1391 1436 291795 407 1396 1390 1433 19 1396 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8963-16 ORDINANCE NO. 8963-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET APPROXIMATELY 1,150 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1411 LEMON STREET, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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 17, Block B, SUNNY PARK GROVES, according to the map or plat thereof as recorded in Plat Book 36, Page(s) 2, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-09030) 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. 8962-16. Ordinance No. 8963-16 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): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR 60 60 60 6025470 W V U 3 2 13121110 1234 9 10 11 12 123 4 9 10 11 12 12 3 4 7 8 9 10 848 84 9 85 0 60 60 60 66 86958 B 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 1 RL RL RL RL RU RU RU RU RU RU RU RLRU LEMON ST NURSERY RD SEABREEZE ST CITRUS ST SUN NY PA R K R D 14 3 5 1388 1433 1416 1 3 8 8 1425 1392 1412 1421 1408 1399 1416 1421 1396 1387 1429 1413 1398 1409 1431 1388 1406 1 3 8 9 1408 1438 1420 1420 1392 1406 1417 1425 14341394 1443 1435 1391 1424 1420 1 3 9 5 1415 1421 1432 1405 1428 1 3 9 1 1424 1404 1389 1447 1409 1412 1432 1413 1425 1412 1437 1417 1404 1 3 9 6 1424 1428 1416 1398 1413 1433 1428 1408 1420 1395 1424 1412 1400 1388 14341 3 9 8 1395 1436 1429 01 11 1428 1436 1416 1411 1 25 1401 1401 1399 1399 33 1391 1436 291795 407 1396 1390 1433 1417 19 1396 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8964-16 ORDINANCE NO. 8964 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET APPROXIMATELY 1,150 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1411 LEMON STREET, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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. 8962-16. Property Zoning District Lot 17, Block B, SUNNY PARK GROVES, according to the map or plat thereof as recorded in Plat Book 36, Page(s) 2, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-09030) Ordinance No. 8964-16 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): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR 60 60 60 6025470 W V U 3 2 13121110 1234 9 10 11 12 123 4 9 10 11 12 12 3 4 7 8 9 10 848 84 9 85 0 60 60 60 66 86958 B 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 1 LMDR LMDR LEMON ST NURSERY RD SEABREEZE ST CITRUS ST SUN NY PA R K R D 14 3 5 1388 1433 1416 1 3 8 8 1425 1392 1412 1421 1408 1399 1416 1421 1396 1387 1429 1413 1398 1409 1431 1388 1406 1 3 8 9 1408 1438 1420 1420 1392 1406 1417 1425 14341394 1443 1435 1391 1424 1420 1 3 9 5 1415 1421 1432 1405 1428 1 3 9 1 1424 1404 1401 1389 1447 1401 1409 1412 1432 1413 1425 1412 1437 1417 1404 1 3 9 6 1424 1428 1416 1398 1413 1433 1428 1408 1420 1395 1424 1412 1417 1400 1388 14341 3 9 8 1395 1436 1429 01 11 1428 1436 1416 1411 1 25 1399 1399 33 1391 1436 291795 407 1396 1390 1433 19 1396 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 LOCATION MAP Owner(s): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 0.096 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR BELLEAIR RD LAKEVIEW RD S HIGHLAND AVE S E V E R G R E E N A V E NURSERY RD S HILLCREST AVE LEMON ST S BETTY LN TEMPLE ST LIME ST S PRESCOTT AVE BO Y L A N A V E BELLEVUE BLVD ROSE ST SATSUMA ST CITRUS ST YOUNG AVE ORANGE ST FRIEND AVE S F R E D R I C A A V E VALENCIA ST SUNNY PARK RD TIMMONS TER REGAL RD SEABREEZE ST HOWARD ST SIMMON S DR TANGERINE ST NORMANDY PARK DR BRAUND ST EMILY CT SATSUMA ST LIME ST YOUNG AVE LEMON ST CITRUS ST S BETTY LN ORANGE ST SEABREEZE ST -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 9/15/2016 AERIAL PHOTOGRAPH Owner(s): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 0.096 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR LEMON ST LEMON ST NURSERY RD NURSERY RD SEABREEZE ST SEABREEZE ST CITRUS ST CITRUS ST SUNNY PARK RD SUNNY PARK RD BELLEVUE BLVD BELLEVUE BLVD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): David & Karlas Deas Case: ANX2016-09030 Site: 1411 Lemon Street Property Size(Acres): ROW (Acres): 0.156 0.096 Land Use Zoning PIN: 23-29-15-86958-002-0170 From : RL R-3 Atlas Page: 315A To: RL LMDR 60 60 60 6025470 W V U 3 2 13121110 1234 9 10 11 12 123 4 9 10 11 12 12 3 4 7 8 9 10 848 84 9 85 0 60 60 60 66 86958 B 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 19 20 21 22 23 24 25 26 27 28 18 17 16 15 14 13 12 11 10 9 1 LEMON ST NURSERY RD SEABREEZE ST CITRUS ST SUN NY PA R K R D 14 3 5 1388 1433 1416 1 3 8 8 1425 1392 1412 1421 1408 1399 1416 1421 1396 1387 1429 1413 1398 1409 1431 1388 1406 1 3 8 9 1408 1438 1420 1420 1392 1406 1417 1425 14341394 1443 1435 1391 1424 1420 1 3 9 5 1415 1421 1432 1405 1428 1 3 9 1 1424 1404 1401 1389 1447 1401 1409 1412 1432 1413 1425 1412 1437 1417 1404 1 3 9 6 1424 1428 1416 1398 1413 1433 1428 1408 1420 1395 1424 1412 1417 1400 1388 14341 3 9 8 1395 1436 1429 01 11 1428 1436 1416 1411 1 25 1399 1399 33 1391 1436 291795 407 1396 1390 1433 19 1396 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1411 Lemon StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2016-09030 David & Karla Deas 1411 Lemon Street View looking easterly along Lemon StreetView looking westerly along Lemon Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-09031 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.5 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 3003 Merrill Avenue, together with certain right-of-way of Merrill Avenue; and pass Ordinances 8965-16, 8966-16 and 8967-16 on first reading. (ANX2016-09031) SUMMARY: This voluntary annexation petition involves a 0.442-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the south side of Merrill Avenue approximately 1,015 feet west of McMullen Booth Road. The applicant is requesting annexation in order to receive solid waste service from the City and will be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project . The property is contiguous to existing city limits to the north and west. The Development Review Committee is proposing that 0.115-acres of abutting Merrill 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 service from the City. Collection of solid waste will be provided to the property by the City. The applicant has paid the required sanitary sewer impact fee in full, and will be connected to the City ’s sanitary sewer system when it is made available. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following 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 11/10/2016 File Number: ANX2016-09031 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 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 Low Medium Density Residential (LMDR). 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 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 11/10/2016 Ordinance No. 8965-16 ORDINANCE NO. 8965-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 1,015 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3003 MERRILL AVENUE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF MERRILL AVENUE, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B 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: See attached Exhibit A for Legal Description; (ANX2016-09031) 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. 8965-16 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 Lot 1, Sunset Valley Subdivision, according to the map or plat thereof as recorded in Plat Book 42, Page 54, Public Records of Pinellas County, Florida; together with vacated Right‐of‐Way of Bayview Avenue as described per Resolution 01‐289 recorded in Official Records Book 11629, Pages 1116‐1121, Public Records of Pinellas County; together with abutting Right‐of‐Way of Merrill Avenue. Exhibit B PROPOSED ANNEXATION Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 0.115 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR 50 LAKE LOUISE LAKE LOUISE 60 60 60 60 6 8824 5 82890 G H O 6 7 8 9101112 13 910 11 9 10 9 10 91 1 2 11 (14) 1 2 3 4 5 6 7 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C) MOSS AVE BAYVIEW AVE MERRILL AVE GRAND VIEW AVE HOYT AVE 712 601 602 708 511510 600 30 1 0 30 1 3 30 2 5 30 0 1 30 1 9 30 0 0 30 3 5 30 3 5 30 2 3 30 2 4 30 0 6 30 1 8 30 2 6 30 3 5 30 0 7 30 0 6 30 3 1 30 2 5 30 1 2 30 3 4 30 3 0 701 30 0 3 30 4 1 30 1 2 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/20/2016 Ordinance No. 8966-16 ORDINANCE NO. 8966-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 1,015 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3003 MERRILL AVENUE, 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 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 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 Low (RL) (ANX2016-09031) 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. 8965-16. Ordinance No. 8966-16 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 Lot 1, Sunset Valley Subdivision, according to the map or plat thereof as recorded in Plat Book 42, Page 54, Public Records of Pinellas County, Florida; together with vacated Right‐of‐Way of Bayview Avenue as described per Resolution 01‐289 recorded in Official Records Book 11629, Pages 1116‐1121, Public Records of Pinellas County; Exhibit B FUTURE LAND USE MAP Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR 50 LAKE LOUISE LAKE LOUISE 60 60 60 60 6 8824 5 82890 G H O 6 7 8 9101112 13 910 11 9 10 9 10 91 1 2 11 (14) 1 2 3 4 5 6 7 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C) P RL RL R/OS RL R/OS RL RL RL R/OS RLRL WATER MOSS AVE BAYVIEW AVE MERRILL AVE GRAND VIEW AVE HOYT AVE 712 601 602 708 511510 600 30 1 0 30 1 3 30 2 5 30 0 1 30 1 9 30 0 0 30 3 5 30 2 3 30 2 4 30 0 6 30 1 8 30 2 6 30 3 5 30 0 7 30 2 5 30 1 2 30 3 4 30 3 0 701 30 0 3 30 4 1 30 1 2 30 3 5 30 0 6 30 3 1 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/20/2016 Ordinance No. 8967-16 ORDINANCE NO. 8967 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 1,015 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3003 MERRILL AVENUE, 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 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. 8965-16. Property Zoning District See attached Exhibit A for Legal Description; Low Medium Density Residential (LMDR) (ANX2016-09031) Ordinance No. 8967-16 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 Lot 1, Sunset Valley Subdivision, according to the map or plat thereof as recorded in Plat Book 42, Page 54, Public Records of Pinellas County, Florida; together with vacated Right‐of‐Way of Bayview Avenue as described per Resolution 01‐289 recorded in Official Records Book 11629, Pages 1116‐1121, Public Records of Pinellas County; Exhibit B ZONING MAP Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR 50 LAKE LOUISE LAKE LOUISE 60 60 60 60 6 8824 5 82890 G H O 6 7 8 9101112 13 910 11 9 10 9 10 91 1 2 11 (14) 1 2 3 4 5 6 7 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C) MOSS AVE BAYVIEW AVE MERRILL AVE GRAND VIEW AVE HOYT AVE P OS/R LMDR OS/R 712 601 602 708 511510 600 30 1 0 30 2 5 30 0 1 30 1 9 30 0 0 30 3 5 30 3 5 30 2 3 30 2 4 30 0 6 30 1 8 30 2 6 30 3 5 30 0 6 30 3 1 30 2 5 30 1 2 30 3 4 30 3 0 701 30 0 3 30 4 1 30 1 3 30 1 2 30 0 7 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/20/2016 LOCATION MAP Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 0.115 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR SR 590 DREW ST FAIRWOOD AVE McMULLEN-BOOTH RD BA Y V I E W A V E MOSS AVE EDENWOOD ST PARK TRAIL LN E VIRGINIA LN MISSION DR CALAMONDIN LN MIS SIO N CIR KUMQUAT DR NAVEL DR GR A N T W O O D A V E F E AT H E R D R S F L I N T D R BE A C HW O O D A V E HOLLYWOOD AVE ME L O N W O O D A V E KA P O K C I R GLEN OAK AVE N THOMAS RD W ARROWHEAD CIR TERRACE VIEW LN ABBEY CT M I S S I O N D R -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 9/20/2016 AERIAL PHOTOGRAPH Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 0.115 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE GRAND VIEW AVE GRAND VIEW AVE HOYT AVE HOYT AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/20/2016 EXISTING SURROUNDING USES MAP Owner(s): Robin J. Sloan Case: ANX2016-09031 Site: 3003 Merrill Avenue Property Size(Acres): ROW (Acres): 0.442 0.115 Land Use Zoning PIN: 09-29-16-88245-000-0010 From : RL R-3 Atlas Page: 283A To: RL LMDR 50 LAKE LOUISE LAKE LOUISE 60 60 60 60 6 8824 5 82890 G H O 6 7 8 9101112 13 910 11 9 10 9 10 91 1 2 11 (14) 1 2 3 4 5 6 7 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C) MOSS AVE BAYVIEW AVE MERRILL AVE GRAND VIEW AVE HOYT AVE 712 601 602 708 511510 600 30 1 0 30 1 3 30 2 5 30 0 1 30 1 9 30 0 0 30 3 5 30 3 5 30 2 3 30 2 4 30 0 6 30 1 8 30 2 6 30 3 5 30 0 7 30 0 6 30 3 1 30 2 5 30 1 2 30 3 4 30 3 0 701 30 0 3 30 4 1 30 1 2 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/20/2016 Parkland Parkland Vacant Vacant Single Family Residential View looking south at the subject property, 3003 Merrill AvenueEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2016-09031 Robin J. Sloan 3003 Merrill Avenue View looking easterly along Merrill AvenueView looking westerly along Merrill Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-09032 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1749 Owen Drive; and pass Ordinances 8968-16, 8969-16 and 8970-16 on first reading. (ANX2016-09032) SUMMARY: This voluntary annexation petition involves a 0.200-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the east side of Owen Drive approximately 630 feet north of SR 590. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the east. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Drainage Feature Overlay 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 service from Pinellas County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent Owen Drive right -of-way, and the owner is aware of the additional costs to extend City sewer service to this property. The applicant has chosen not to connect to sanitary sewer at this time and is aware of the associated monthly fee. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. 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 11/10/2016 File Number: ANX2016-09032 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 this property. This designation primarily permits residential uses at a density of 5 units per acre. The Drainage Feature Overlay proposed to be applied to the property will recognize the existing drainage easement on the property. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). 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 east . Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 Ordinance No. 8968-16 ORDINANCE NO. 8968-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OWEN DRIVE APPROXIMATELY 630 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1749 OWEN 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 owners of the real property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Pinellas Terrace, according to the map or plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida; (ANX2016-09032) 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. 8968-16 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): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.200 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR 60 50 50 66 60 71424 94392 7 6 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 3439 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 6267 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 1 1 118 19 20 21 22 23 24 25 26 27 28 29 30 5050 6060 SR 590 OWEN DR EVANS DR AUDREY DR CARDINAL DR 1707 1754 27 2 0 1725 1730 1766 27 0 0 1731 1719 1707 1721 1719 1728 1737 1732 1733 1750 1737 1700 1716 1701 1736 1731 1742 1741 1705 1736 1718 1725 1719 1718 1761 1751 1760 1743 1700 1761 1701 1733 1737 1712 1755 1707 1725 1718 1730 1706 1706 1745 1748 1766 1745 1712 1713 1743 1713 1754 1724 1704 1744 1725 1717 1760 1729 1724 1736 1742 1701 1712 1740 1737 1749 1701 1761 17491749 1743 1724 1715 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8969-16 ORDINANCE NO. 8969-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OWEN DRIVE APPROXIMATELY 630 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1749 OWEN DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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 14, Pinellas Terrace, according to the map or plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida; Residential Low (RL) and Drainage Feature Overlay (ANX2016-09032) 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. 8968-16. Ordinance No. 8969-16 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 FUTURE LAND USE MAP Owner(s): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.199 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR 71424 94392 7 6 11 12 13 14 15 16 17 18 1926 27 28 29 30 31 32 33 3439 40 41 42 43 44 45 46 47 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 RL RLRL RLP OWEN DR EVANS DR AUDREY DR 1767 1721 1719 1728 1737 1732 1733 1750 1737 1716 1749 1736 1731 1742 1741 1736 1718 1725 1719 17611760 1761 1733 1737 1755 1725 1730 1745 1766 1743 1754 1724 1744 1767 1725 1717 1729 1740 6 17491749 1718 1743 1724 0 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 11/1/2016 Ordinance No. 8970-16 ORDINANCE NO. 8970 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OWEN DRIVE APPROXIMATELY 630 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1749 OWEN 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 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. 8968-16. Property Zoning District Lot 14, Pinellas Terrace, according to the map or plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-09032) Ordinance No. 8970-16 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): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.200 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR 60 50 50 66 50 60 71 4 71424 94392 7 6 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 3439 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 6267 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 1 1 2 2 2 2 24 25 26 27 28 29 3033/11 5050 6050 SR 590 OWEN DR EVANS DR AUDREY DR CARDINAL DR LMDR 1707 1718 1754 1725 1730 1766 27 0 0 1746 1731 1719 1707 1721 1719 1728 1737 1732 1733 1750 1737 1700 1716 1701 1754 1736 1731 1742 1741 1705 1736 1734 1742 1738 1718 1725 1719 1730 1718 1761 1751 1760 1743 1700 1761 1701 1733 1737 1712 1755 1707 1725 1718 1730 1706 1706 1745 1748 1766 1745 1712 1713 1743 1713 1754 1724 1704 1744 1725 1717 1760 1729 1722 1724 1750 1736 1742 1701 1712 1726 1740 1737 O C PLMDRLMDR MDRMHDR LMDR P P 1749 1701 26 4 4 1761 17491749 1743 1724 1758 1715 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 LOCATION MAP Owner(s): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.200 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR US-19 N SR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RD W US-19 FRONTAGE RD OWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS D R DIA NE DR GROVE DR AUDREY DR THOMAS DR ST . CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR E CARLTON DR SKYLAND DR MARILYN DR ST. AN TH ONY DR DIANE TER N TERRA CE DR COACHM AN PLAZA DR HARBOR CIR AUDREY D R OWEN D R CARDINAL DR -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 9/15/2016 AERIAL PHOTOGRAPH Owner(s): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.200 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR SR 590 SR 590 OW EN DR OW EN DR EV AN S DR EV AN S DR AUDREY DR AUDREY DR CARDINAL DR CARDINAL DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 EXISITING SURROUNDING USES MAP Owner(s): Efigjeni & Spiro Dashi Case: ANX2016-09032 Site: 1749 Owen Drive Property Size(Acres): ROW (Acres): 0.200 Land Use Zoning PIN: 05-29-16-71424-000-0140 From : RL, P R-3 Atlas Page: 264A To: RL, Drainage Feature Overlay LMDR 60 50 50 66 60 71424 94392 7 6 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 3439 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 6267 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 1 1 118 19 20 21 22 23 24 25 26 27 28 29 30 5050 6060 SR 590 OWEN DR EVAN S DR AUDREY DR CARDINA L DR 1707 1754 27 2 0 1725 1730 1766 27 0 0 1731 1719 1707 1721 1719 1728 1737 1732 1733 1750 1737 1700 1716 1701 1736 1731 1742 1741 1705 1736 1718 1725 1719 1718 1761 1751 1760 1743 1700 1761 1701 1733 1737 1712 1755 1707 1725 1718 1730 1706 1706 1745 1748 1766 1745 1712 1713 1743 1713 1754 1724 1704 1744 1725 1717 1760 1729 1724 1736 1742 1701 1712 1740 1737 1749 1701 1761 17491749 1743 1724 1715 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l View looking east at the subject property, 1749 Owen DriveNorth of the subject property South of the subject propertyAcross the street, to the west of the subject property ANX2016-09032 Spiro & EfigjeniDashi 1749 Owen Drive View looking northerly along Owen DriveView looking southerly along Owen Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-09033 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.7 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 1305 Parkwood Street; and pass Ordinances 8971-16, 8972-16 and 8973-16 on first reading. (ANX2016-09033) SUMMARY: This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the south side of Parkwood Street approximately 70 feet east of North Betty Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the north, west, south, and east. 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 service from the City. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent Parkwood Street right -of-way. The applicant has paid the City ’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following 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 11/10/2016 File Number: ANX2016-09033 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 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 Low Medium Density Residential (LMDR). 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, west, south, and east. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2016 Ordinance No. 8971-16 ORDINANCE NO. 8971-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 70 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1305 PARKWOOD STREET, 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 8, Block B, PINE RIDGE, according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida; (ANX2016-09033) 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. 8971-16 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): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR 30 60 66 80 08370 1 2 3 4 5 6 7 8 9 1 60 50 50 50 6 0 60 30 6 0 71694 B D A B C 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 4 5 3 2 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 4 3 2 1 1620 13 2 6 13 2 4 13 4 1 13 0 4 1 5 1 5 13 0 5 13 2 0 13 4 1 1240 1314 1340 1328 1305 1311 1308 1320 1341 1232 1317 1 2 3 8 1327 1340 1313 1619 1317 1321 1325 1310 13251625 1340 1321 1326 1328 1313 1304 1240 1308 1340 1333 1305 1308 1604 1312 1616 1328 1324 1312 1304 1309 1329 1229 1304 1236 1334 1320 1312 1241 1332 1530 1309 1300 1307 1330 1615 1316 1322 1321 1239 1231 1333 1501 1329 1301 16131608 1 2 3 7 24 1318 1701 1612 1601 1316 1 2 2 5 1235 2 40 1 2 3 4 1314 1317 1228 ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST C A R O L D R CLAIRE DR STOCKTON DR PARKWOOD ST PARKWOOD ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8972-16 ORDINANCE NO. 8972-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 70 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1305 PARKWOOD 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 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 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 8, Block B, PINE RIDGE, according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-09033) 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. 8971-16. Ordinance No. 8972-16 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): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR 30 60 66 80 08370 1 2 3 4 5 6 7 8 9 1 60 50 50 50 6 0 60 30 6 0 71694 B D A B C 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 4 5 3 2 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 4 3 2 1 1620 13 2 6 13 2 4 13 4 1 13 0 4 1 5 1 5 13 0 5 13 2 0 13 4 1 1240 1314 1340 1328 1305 1311 1308 1320 1341 1232 1317 1 2 3 8 1327 1340 1313 1619 1317 1321 1325 1310 13251625 1340 1321 1326 1328 1313 1304 1240 1308 1340 1333 1305 1308 1604 1312 1616 1328 1324 1312 1304 1309 1329 1229 1304 1236 1334 1320 1312 1241 1332 1530 1309 1300 1307 1330 1615 1316 1322 1321 1239 1231 1333 1501 1329 1301 16131608 1 2 3 7 24 1318 1701 1612 1601 1316 1 2 2 5 1235 2 40 1 2 3 4 1314 1317 1228 RL RU RU RU RL RL RL RU RL RL CG RL RU CG RL RL RU RU RU RL RU RU RU CG ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST C A R O L D R CLAIRE DR STOCKTON DR PARKWOOD ST PARKWOOD ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8973-16 ORDINANCE NO. 8973 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 70 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1305 PARKWOOD 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 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. 8971-16. Property Zoning District Lot 8, Block B, PINE RIDGE, according to the Plat thereof, recorded in Plat Book 28, page 98, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-09033) Ordinance No. 8973-16 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): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR 30 60 66 80 08370 1 2 3 4 5 6 7 8 9 1 60 50 50 50 6 0 60 30 6 0 71694 B D A B C 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 4 5 3 2 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 4 3 2 1 LMDR 1620 13 2 6 13 2 4 13 4 1 13 0 4 1 5 1 5 13 0 5 13 2 0 13 4 1 1240 1314 1340 1328 1305 1311 1308 1320 1341 1232 1317 1 2 3 8 1327 1340 1313 1619 1317 1321 1325 1310 13251625 1340 1321 1326 1328 1313 1304 1240 1308 1340 1333 1305 1308 1604 1312 1616 1328 1324 1312 1304 1309 1329 1229 1304 1236 1334 1320 1312 1241 1332 1530 1309 1300 1307 1330 1615 1316 1322 1321 1239 1231 1333 1501 1329 1301 16131608 1 2 3 7 24 1318 1701 1612 1601 1316 1 2 2 5 1235 2 40 1 2 3 4 1314 1317 1228 LMDR C C LMDR LMDR ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST C A R O L D R CLAIRE DR STOCKTON DR PARKWOOD ST PARKWOOD ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 LOCATION MAP Owner(s): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR KINGS HWY N BETTY LN ROLLEN RD SANDY LN OVERLEA ST MARY L RD TERRACE RD O V E R B R O O K A V E FAIRMONT ST WOODBINE ST PARKWOOD ST SPRINGDALE ST CLAIRE DR S T E V E N S O N S D R JADE AVE RUSSELL ST PINEBROOK DR DOUGLAS AVE ENGMAN ST HOLT AVE PINELAND DR C A R O L D R SYLVAN DR DOUGLAS AVE -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 9/15/2016 AERIAL PHOTOGRAPH Owner(s): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR RO L L E N R D RO L L E N R D N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST C A R O L D R C A R O L D R CLAIRE DR CLAIRE DR STOCKTON DR STOCKTON DR PARKWOOD ST PARKWOOD ST O V E R B R O O K A V E O V E R B R O O K A V E PARKWOOD ST PARKWOOD ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): Joyce A. Slocumb Case: ANX2016-09033 Site: 1305 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 Land Use Zoning PIN: 10-29-15-71694-002-0080 From : RL R-3 Atlas Page: 269B To: RL LMDR 30 60 66 80 08370 1 2 3 4 5 6 7 8 9 1 60 50 50 50 6 0 60 30 6 0 71694 B D A B C 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 16 9 8 7 6 5 4 3 2 1 1 10 11 12 13 14 15 16 17 18 4 5 3 2 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 4 3 2 1 1620 13 2 6 13 2 4 13 4 1 13 0 4 1 5 1 5 13 0 5 13 2 0 13 4 1 1240 1314 1340 1328 1305 1311 1308 1320 1341 1232 1317 1 2 3 8 1327 1340 1313 1619 1317 1321 1325 1310 13251625 1340 1321 1326 1328 1313 1304 1240 1308 1340 1333 1305 1308 1604 1312 1616 1328 1324 1312 1304 1309 1329 1229 1304 1236 1334 1320 1312 1241 1332 1530 1309 1300 1307 1330 1615 1316 1322 1321 1239 1231 1333 1501 1329 1301 16131608 1 2 3 7 24 1318 1701 1612 1601 1316 1 2 2 5 1235 2 40 1 2 3 4 1314 1317 1228 ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST C A R O L D R CLAIRE DR STOCKTON DR PARKWOOD ST PARKWOOD ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1305 ParkwoodStreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2016-09033 Joyce A. Slocumb 1305 ParkwoodStreet View looking easterly along ParkwoodStreetView looking westerly along ParkwoodStreet Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-09034 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.8 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 1740 West Lagoon Circle; and pass Ordinances 8974-16, 8975-16 and 8976-16 on first reading. (ANX2016-09034) SUMMARY: This voluntary annexation petition involves a 0.138-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the west side of West Lagoon Circle approximately 460 feet north of South Lagoon Circle. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the north and west. 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 service from the City. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent West Lagoon Circle right -of-way. The applicant has paid the City ’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. 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 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. Page 1 City of Clearwater Printed on 11/10/2016 File Number: ANX2016-09034 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 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 Low Medium Density Residential (LMDR). 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 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 11/10/2016 Ordinance No. 8974-16 ORDINANCE NO. 8974-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST LAGOON CIRCLE APPROXIMATELY 460 FEET NORTH OF SOUTH LAGOON CIRCLE, WHOSE POST OFFICE ADDRESS IS 1740 WEST LAGOON CIRCLE, CLEARWATER, FLORIDA 33765, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 100, Clearwater Manor, according to the map or plat thereof, as recorded in Plat Book 41, Page 66 of the Public Records of Pinellas County, Florida; (ANX2016-09034) 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. 8974-16 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): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR 5050 60 50 50 50 50 90 45 45 16506 18 19 20 21 22 23 24 25 26 27 47 46 45 44 43 42 41 40 39 48 49 50 51 52 53 54 55 56 38 37 36 28 29 30 31 34 35 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 106 105 104 103 102 101 100 99 98 97 96 95 94 81787980 77 76 75 74 117 116 115 114 113 112 111 110 109 126 125 124 123 122 121 120 119 118 82 84 93 92 91 9 83 MANOR BLVD N W LAGOON CIR RAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIR 1771 1732 1758 1716 1760 1737 1716 1736 1716 1744 22 6 3 22 1 7 1763 1770 1751 2 2 6 8 2273 1736 1732 1740 22 4 7 1748 1724 17481748 1736 1756 1716 1734 1767 1744 1732 1762 1762 1717 1740 1750 1749 1736 1759 1721 2 2 6 9 1764 22 6 0 1758 1720 1754 1728 1735 22 3 9 1741 1724 22 0 1 22 4 3 1755 1720 1741 1755 1732 1724 1750 1754 1745 1728 1728 22 5 7 1733 2264 2220 1721 1749 1749 2206 1717 1728 2240 1725 2200 1740 1 7 5 5 1717 2256 2228 1729 1725 1 7 5 1 2236 2252 1741 1745 1 2216 1720 1724 1763 1733 223 1733 1729 2248 1744 1711 1729 1740 2212 2224 1759 1735 226 1721 1725 2260 2244 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8975-16 ORDINANCE NO. 8975-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST LAGOON CIRCLE APPROXIMATELY 460 FEET NORTH OF SOUTH LAGOON CIRCLE, WHOSE POST OFFICE ADDRESS IS 1740 WEST LAGOON CIRCLE, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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 100, Clearwater Manor, according to the map or plat thereof, as recorded in Plat Book 41, Page 66 of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-09034) 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. 8974-16. Ordinance No. 8975-16 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): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR 5050 60 50 50 50 50 90 45 45 16506 18 19 20 21 22 23 24 25 26 27 47 46 45 44 43 42 41 40 39 48 49 50 51 52 53 54 55 56 38 37 36 28 29 30 31 34 35 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 106 105 104 103 102 101 100 99 98 97 96 95 94 81787980 77 76 75 74 117 116 115 114 113 112 111 110 109 126 125 124 123 122 121 120 119 118 82 84 93 92 91 9 83 RU RL RU RU RU RL RL RL RU RL RL RU RL RU RL RU RL RU RL RU RL P RL RL MANOR BLVD N W LAGOON CIR RAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIR 1771 1716 1760 1736 22 6 3 22 1 7 1763 1770 1751 2 2 6 8 2273 1736 1732 22 4 7 1748 1724 17481748 1736 1756 1716 1767 1744 1762 1717 1740 1749 1736 1759 1721 1764 22 6 0 1758 1720 1754 1728 1735 22 3 9 1741 1724 22 4 3 1755 1720 1741 1755 1732 1724 1750 1754 1745 1728 1728 22 5 7 2264 2220 1732 1758 1721 1737 1716 1749 1749 2206 1717 1728 1716 2240 1744 1725 2200 1740 1 7 5 5 1717 2256 1740 2228 1729 1725 1734 1 7 5 1 2236 2252 1732 1741 1762 1745 1 1750 2216 1720 1724 1763 2 2 6 9 1733 223 1733 1729 2248 1744 2201 1711 1729 1740 2212 2224 1759 1735 226 1721 1725 2260 2244 1733 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Ordinance No. 8976-16 ORDINANCE NO. 8976 -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 WEST LAGOON CIRCLE APPROXIMATELY 460 FEET NORTH OF SOUTH LAGOON CIRCLE, WHOSE POST OFFICE ADDRESS IS 1740 WEST LAGOON CIRCLE, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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. 8974-16. Property Zoning District Lot 100, Clearwater Manor, according to the map or plat thereof, as recorded in Plat Book 41, Page 66 of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-09034) Ordinance No. 8976-16 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): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR 5050 60 50 50 50 50 90 45 45 16506 18 19 20 21 22 23 24 25 26 27 47 46 45 44 43 42 41 40 39 48 49 50 51 52 53 54 55 56 38 37 36 28 29 30 31 34 35 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 106 105 104 103 102 101 100 99 98 97 96 95 94 81787980 77 76 75 74 117 116 115 114 113 112 111 110 109 126 125 124 123 122 121 120 119 118 82 84 93 92 91 9 83 LMDR LMDR LMDR MANOR BLVD N W LAGOON CIR RAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIR 1771 1732 1758 1716 1760 1737 1716 1736 1716 1744 22 6 3 22 1 7 1763 1770 1751 2 2 6 8 2273 1736 1732 1740 1748 17481748 1736 1756 1716 1734 1767 1744 1732 1762 1717 1740 1750 1749 1736 1759 1721 2 2 6 9 1764 22 6 0 1758 1720 1754 1728 1735 22 3 9 1741 1724 22 0 1 1755 1720 1741 1755 1732 1724 1750 1754 1745 1728 1728 22 5 7 1733 2264 2220 1721 1749 1749 2206 1717 1728 2240 1725 2200 1740 1 7 5 5 1717 2256 2228 2247 1724 1729 1725 1 7 5 1 2236 2252 1741 1762 1745 1 2216 1720 1724 1763 1733 223 1733 1729 2248 1744 1711 2243 1729 1740 2212 2224 1759 1735 226 1721 1725 2260 2244 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 LOCATION MAP Owner(s): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR N BELCHER RD SUNSET POINT RD N OLD COACHMAN RD ALBRIGHT DR MANOR BLVD N S LAGOON CIR STETSON DR PRINCETON D R W LAGOON CIRRAGLAND AVE W MANOR AVE VERDE DR ELMHURST DR GLENVILLE DR CAMPBELL RD ASBURY DR E LAGOON CIR VANDERBILT DR CALUMET ST WETHERINGTON RD BELMONT DR E THAMES ST SUNNYDALE BLVD -N o t t o S c a l e - -N o t a S u r v e y - ^ PROJECT SITE Rev. 9/15/2016 AERIAL MAP Owner(s): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR RL MANOR BLVD NMANOR BLVD N W LAG OO N CIR W LAG OO N CIR RAGLAND AVE RAGLAND AVE W MANOR AVE W MANOR AVE VERDE DR VERDE DR E LAGOON CIR E LAGOON CIR RAGLAND CT RAGLAND CT -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 EXISITING SURROUNDING USES MAP Owner(s): Diane C. Shoemaker Case: ANX2016-09034 Site: 1740 W Lagoon Circle Property Size(Acres): ROW (Acres): 0.138 Land Use Zoning PIN: 06-29-16-16506-000-1000 From : RL R-3 Atlas Page: 263A To: RL LMDR 5050 60 50 50 50 50 90 45 45 16506 18 19 20 21 22 23 24 25 26 27 47 46 45 44 43 42 41 40 39 48 49 50 51 52 53 54 55 56 38 37 36 28 29 30 31 34 35 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 106 105 104 103 102 101 100 99 98 97 96 95 94 81787980 77 76 75 74 117 116 115 114 113 112 111 110 109 126 125 124 123 122 121 120 119 118 82 84 93 92 91 9 83 MANOR BLVD N W LAGOON CIR RAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIR 1771 1732 1758 1716 1760 1737 1716 1736 1716 1744 22 6 3 22 1 7 1763 1770 1751 2 2 6 8 2273 1736 1732 1740 22 4 7 1748 1724 17481748 1736 1756 1716 1734 1767 1744 1732 1762 1762 1717 1740 1750 1749 1736 1759 1721 2 2 6 9 1764 22 6 0 1758 1720 1754 1728 1735 22 3 9 1741 1724 22 0 1 22 4 3 1755 1720 1741 1755 1732 1724 1750 1754 1745 1728 1728 22 5 7 1733 2264 2220 1721 1749 1749 2206 1717 1728 2240 1725 2200 1740 1 7 5 5 1717 2256 2228 1729 1725 1 7 5 1 2236 2252 1741 1745 1 2216 1720 1724 1763 1733 223 1733 1729 2248 1744 1711 1729 1740 2212 2224 1759 1735 226 1721 1725 2260 2244 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 9/15/2016 Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l Si n g l e F a m i l y R e s i d e n t i a l View looking west at the subject property, 1740 W. Lagoon CircleNorth of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2016-09034 Diane Shoemaker 1740 W. Lagoon Circle View looking northerly along W. Lagoon CircleView looking southerly along W. Lagoon Circle Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2878 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Award the Water Taxi Services Contract to Clearwater Ferry Services, Inc. for the term of two years, commencing December 1, 2016, in the amount of $439,820.04, based on their qualification as the most responsible bidder in response to Request for Proposals (RFP) 35-16, to operate a water taxi service throughout Clearwater, connecting the City’s Downtown Harbor Marina, Clearwater Beach Marina, and the Clearwater Beach Recreation Center Loading Dock, and authorize the appropriate officials to execute same. (consent) SUMMARY: RFP 35-16 was released on May 10, 2016 to evaluate the potential for a scheduled water taxi service in Clearwater providing an alternative form of transportation between Downtown Clearwater, Clearwater Beach Marina and the Beach Recreation Center on North Clearwater Beach. A two-year contract term was presented in RFP 35-16. The bid period ended 10:00 AM EST on June 2, 2016. One proposal submitted by Clearwater Ferry Services, Inc., was received in response to RFP 35-16. They currently operate a private water taxi service within Clearwater’s waterways. A review team consisting of the Director of Finance, the Director of Economic Development, the Assistant Director of Economic Development, the Director of Planning and Development, and the Director of the Marine and Aviation Department reviewed the proposal using the rating criteria provided in the RFP. The review was conducted on June 17, 2016. An in-person interview of the business owners was held on June 28, 2016. It was determined that the RFP would be awarded to Clearwater Ferry Services Inc. The evaluation criteria included demonstrated experience, resources, project approach, scheduling, ridership fees and requested city support. The City will contribute a total of $306,287.04 for the first year of the two year trial period and $133,533.00 for the second year of the trial. A separate component of improving alternative access and transportation to and from Clearwater Beach and Downtown Clearwater will be the enhancement of existing infrastructure in continued support of the 2014 ULI Advisory Services Panel Report to have a water taxi service. Funds in the amount of $250,000.00 are anticipated to be requested in a separate agenda item for improving the waiting/queuing locations for passengers, enhanced ADA compliant docks, landings and ramps as well as properly sited shelters from the elements for passengers waiting for water taxis and other alternative transportation available as needed in times of inclement weather. Page 1 City of Clearwater Printed on 11/10/2016 File Number: ID#16-2878 APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $439,820.04 from General Fund reserves to special program 181-98604, 2016 Clearwater Ferry , to fund this contract. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $439,820.04 to special program 181-98604, 2016 Clearwater Ferry. Inclusive of this item if approved, a net total of $2,166,820 of General Fund reserves has been appropriated by Council to fund expenditures in the 2016/17 operating budget. The remaining balance in General Fund reserves is approximately $27.4 million, or 20.8% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 11/10/2016 Water Taxi Operating Agreement 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 Clearwater Ferry Services, Inc., 415 Laughing Gull Lane, Palm Harbor, Florida, 34683, a Florida corporation, hereinafter referred to as “the Corporation” WHEREAS, the City desires to provide water taxi services connecting various areas that are exclusively within Clearwater, such as the City’s Downtown Harbor Marina, Clearwater Beach Marina and the Clearwater Beach Recreation Center Loading Dock (the “Areas”); and WHEREAS, the City issued Request for Proposals (RFP) No. 35-16 seeking an experienced, appropriately equipped, staffed, licensed and insured water taxi service provider; RFP No. 35-16 is incorporated by reference hereto; and WHEREAS, the Corporation’s proposal was deemed by city staff to be responsive and responsible to the RFP to provide water taxi service to the aforementioned areas; and WHEREAS, this proposed water taxi service is in the best interest of Clearwater as it will help alleviate traffic to and from the aforementioned Areas; and WHEREAS, this Agreement details the operation of such water taxi service within the City and how the City intends to subsidize a portion of this alternative public transportation system during the initial phase of this pilot program; NOW THEREFORE, in consideration of the promises stated herein, the City and the Corporation mutually agree as follows: 1. RECITALS - the recitals above are incorporated herein by reference. 2. PROVISION OF WATER TAXI SERVICE [A04-01371 /194821/1] Page 2 of 13 The Corporation agrees to provide scheduled Water Taxi services connecting the Areas as detailed in Exhibit A – Scope of Work, following the expansion of routes as detailed in Exhibit B – Routes, following the precise in-season and off-season plans as detailed in Exhibit C – Time and Route Schedules, charging the public no more for this service than is detailed in Exhibit D – Schedule of Fees. In the event of ambiguity between this Agreement and the Exhibits, this Agreement shall prevail. The Corporation currently has two vessels dedicated to providing Water Taxi Service exclusively within the City of Clearwater. Those vessels are identified as Maddie’s Crossing and Hailey’s Crossing. The Corporation contemplates utilizing the City’s subsidy, as detailed in Exhibit A – Scope of Work, to acquire an additional vessel. This vessel is identified as Monica’s Crossing. Monica’s Crossing, or any other vessels purchased with the use of the City’s subsidy funds shall remain in service within the City of Clearwater, and a failure to do so shall constitute a default under this Agreement. Maddie’s Crossing, Hailey’s Crossing, and Monica’s Crossing shall provide Water Taxi Service, as precisely detailed in this Agreement and Exhibits, within the City of Clearwater, and any City subsidy utilized by such vessels shall be used exclusively to provide such Water Taxi Service. If the Corporation fails to provide, ceases to provide W ater Taxi Service after commencement, and/or fails to cure any defaults, pursuant to the terms and conditions of this Agreement, then the City may terminate this Agreement. In the event of termination, the Corporation shall refund all money provided by the City. 3. TIME OF PERFORMANCE The initial Contract Term shall commence on December 1, 2016 and end December 1, 2018. At the end of the initial term the City and Corporation may initiate renewals, subject to a mutual agreement of terms. The City and/or the Corporation must [A04-01371 /194821/1] Page 3 of 13 give written notice of their intention to renew this Agreement no later than ninety (90) days prior to its expiration. 4. COMPENSATION The City will pay the Corporation a sum not to exceed $439,820.04 in the manner described in attached Exhibit A – Scope of Work. The City may, from time to time, require changes in the Scope of Work performed by the Corporation hereunder. Such changes may include any increase or decrease in the amount of the Corporation’s compensation and changes to the Scope of Work, which are mutually agreed upon by and between City and the Corporation and shall be effective when such changes are incorporated via written amendment to this Contract. At the conclusion of this Agreement, the Corporation may retain the cumulative monthly subsidies provided during the term of this Agreement, presuming the Corporation complied with all terms and conditions. With regard to any Purchased Vessels, the City may purchase those from the Corporation for $10.00 each, and at the City’s sole discretion the City may sell such vessels to the Corporation at the depreciated value of such vessel(s). 5. METHOD OF PAYMENT The Corporation’s invoices for the monthly subsidy, as detailed in Exhibit A, shall be submitted to the City for approval for payment on a Net 30 basis. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 6. 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 [A04-01371 /194821/1] Page 4 of 13 mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Clearwater Ferry Services, Inc. City of Clearwater Patricia Rodriguez William D. Morris Name Name President Marine and Aviation Director Title Title 415 Laughing Gull Lane P.O. Box 4748 Palm Harbor, FL 34683 Clearwater, Florida 33758 Address Address (813) 857-3268 (727) 462-6954 Telephone # Telephone # Trisha@ClearwaterFerry.com William.Morris@MyClearwater.com E-Mail E-Mail 7. LICENSE TO USE CITY DOCKAGE AND UPLAND AREA The City grants the Corporation a license to occupy and use the City’s dockage and adjacent upland area land reasonably related to the Corporation’s provision of Water Taxi Service, including all ingress, egress and approaches to and from such dockage and upland area. The dockage and upland areas are those associated with illustrated in Exhibit B. 8. CORPORATION’S DUTIES RELATED TO CITY DOCKAGE AND UPLAND AREA The Corporation shall control and assume responsibility for the use, operation and security of the Upland Area during Water Taxi Operating Hours, such responsibility includes controlling access to the Upland Area and associated dockage, ticketing, guest service functions, security, cleaning and general operational organization. The Corporation shall continually evaluate the condition and suitability of the city dockage [A04-01371 /194821/1] Page 5 of 13 and upland area for water taxi activities. The Corporation shall properly secure the city dockage and upland area at the conclusion of daily ferry service. The Corporation shall notify the City of any potential or actual hazardous conditions. 9. THE CITY’S DUTIES RELATED TO CITY DOCKAGE AND UPLAND AREA At times other than Water Taxi Operating Hours, the City shall maintain the city dockage and upland area in a clean and orderly condition. The City shall be responsible for all maintenance and repairs to the city dockage and upland areas, but the Corporation understands that the City is under no obligation to repair city dockage or the upland areas in the event that the City Council, in its sole discretion, determines that it is not in the City’s best economic interest to repair such impacted areas due to substantial damage. The City will, however, take best efforts to avoid or mitigate substantial damage to City dockage and upland areas. 10. PROHIBITED USE The City dockage and associated upland area shall not be used by the Corporation for any use other than the use necessary to provide Water Taxi services. No occupation or alternative use shall be available to the Corporation which, at the sole discretion of the City, is deemed hazardous, inconsistent with this Agreement, or increases the City’s liability. 11. PUBLIC RECORDS IF THE CORPORATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CORPORATIONS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 [A04-01371 /194821/1] Page 6 of 13 The Corporation’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the Corporation hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency 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 for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the 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 Corporation does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Corporation or keep and maintain public records required by the public agency to perform the service. If the Corporation transfers all public records to the public agency upon completion of the contract, the Corporation shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Corporation keeps and maintains public records upon completion of the contract, the Corporation shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. [A04-01371 /194821/1] Page 7 of 13 e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Corporation of the request and the Corporation must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The Corporation hereby acknowledges and agrees that if the Corporation does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A Corporation who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a Corporation to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the Corporation the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Corporation unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Corporation has not complied with the request, to the public agency and to the Corporation. i) A notice complies with subparagraph (h)2 if it is sent to the public agency’s custodian of public records and to the Corporation at the Corporation’s address listed on its contract with the public agency or to the Corporation’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. [A04-01371 /194821/1] Page 8 of 13 j) A Corporation who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 12. RIGHT TO AUDIT AND PROVISION OF MONTHLY OPERATIONS REPORTS The Corporation shall prepare, in accordance with generally accepted accounting practice, accurate books of account, along with other records as required by law. All records, including but not limited to tax returns, with respect to the Corporation’s business conducted pursuant to this Agreement shall be kept by the Corporation and shall be available to the City for examination or audit during the term of this Agreement and for a period of five (5) years following the expiration or earlier termination of this Agreement. In conjunction with providing the City an invoice for payment on a Net 30 basis, as detailed section 5 above, the Corporation shall also provide monthly operations reports, and such reports shall include, but not be limited to, Water Taxi ridership numbers, revenues generated, and copies of the Corporation’s submitted Florida Department of Revenue Form DR-15. 13. INDEMNIFICATION AND INSURANCE The corporation agrees to comply with all terms, provisions, and requirements contained in Request for Proposal (RFP) No.35-16, Water Taxi Services, and the Corporation agrees to designate the City as an additional insured under its own insurance policy. 14. VESSEL PURCHASED Upon purchase, the Corporation shall file the appropriate security interest in favor of the City. The Corporation understands that during the term of this Agreement, it may not utilize any vessels purchased with subsidy funds (Purchased Vessels) as collateral [A04-01371 /194821/1] Page 9 of 13 on behalf of the Corporation. Upon the expiration of this Agreement or early termination, the City may purchase the vessel from the Corporation for a price of $10.00. At the City’s sole discretion, it may sell such Purchased Vessel(s) to the Corporation for the depreciated value of such vessel(s) at the time of expiration or early termination of this Agreement. 15. TAXES, FEES, AND COSTS The City shall not charge the Corporation fees for usage of the city dockage and associated upland areas identified in Exhibit B. The Corporation will be solely responsible for payment of its own income and sales taxes. The Corporation’s storage and fuel costs remain the Corporation’s responsibility. 16. CONSTRUCTION AND ALTERATION OF CITY DOCKAGE AND UPLAND AREAS The Corporation shall not make or permit to be made any alterations, additions, improvement or changes to the city dockage or associated upland area nor permit the painting or placing of any signage, placards or other related advertising media without obtaining prior written consent of the City, which shall be at the City’s sole discretion. 17. ASSIGNMENT The Corporation shall not have the right to assign, transfer, convey, sublet or otherwise dispose of its license to utilize city dockage and associated upland areas or its rights or obligations under this Agreement. 18. DEFAULT AND TERMINATION a. Subject to the Corporation’s right to notice and an opportunity to cure, as specified herein, the Corporation shall be deemed in default of its obligations under this Agreement upon the occurrence of any of the following: The Corporation’s failure to perform any covenant, promise, or obligation contained in this [A04-01371 /194821/1] Page 10 of 13 Agreement or comply with the terms and conditions of this Agreement; b. The appointment of a receiver or trustee for all or substantially all the Corporation’s assets; c. The Corporation’s voluntary petition for relief under any bankruptcy or insolvency law, or the filing of an involuntary bankruptcy petition which is not dismissed within sixty (60) days; d. The sale of the Corporation’s interest under this Agreement by execution or other legal process; e. The seizure, sequestration, or impounding by virtue of or under authority of any legal proceeding of all or substantially all of the personal property or fixtures of the Corporation used in or incident to its operations in providing the Water Taxi Service. f. The Corporation making an assignment of its assets for the benefit of creditors; g. Any sale, transfer, assignment, subleasing, concession, license, or other disposition of this Agreement that is not authorized by this agreement; h. The Corporation doing or permitting anything that creates a lien upon the City’s dockage or associated upland areas or any Vessels Purchased; or i. Utilizing Purchased Vessel(s) to provide Water Taxi Service in a manner not contemplated in this Agreement or related Exhibits. The City may immediately terminate this Agreement if a default pursuant to this Agreement is not cured within thirty (30) days after receipt of notice from the City. In the [A04-01371 /194821/1] Page 11 of 13 event of early termination of this Agreement due to the Corporation’s default, the Corporation shall refund all money provided by the City. 19. DAMAGE CITY DOCKAG E, ASSOCIATED UPLAND AREAS, AND VESSELS If any portions of the city dockage or associated upland areas are substantially damaged by fire, hurricane or other casualty, the City or the Corporation may elect to repair or replace the affected facilities within thirty (30) days of the casualty or occurrence. In the event the affected facilities are not repaired or replaced within thirty (30) days of the casualty or occurrence or if neither the City or the Corporation elects to repair or replace the affected facilities, either party may immediately terminate this Agreement. In the event of termination pursuant to this section, the Corporation may keep the monthly subsidies that it had earned up to the casualty or occurrence; however, the City still retains the sole right to purchase Purchased Vessels from the Corporation at a cost of $10.00 per Purchased Vessel. If the City elects to purchase the Purchased Vessel pursuant to this Section, then the City may elect to sell the Purchased Vessel for the depreciated value of such vessel at the time of the termination of this Agreement. If any portion of the Purchased Vessel(s) is substantially damaged by fire, hurricane, or other casualty or occurrence, the Corporation may elect to repair or replace the affected Purchased Vessel within thirty (30) days of the casualty or occurrence that caused the vessel damage. In the event that the Corporation fails to repair or replace within thirty (30) days of the vessel damage or the Corporation elects not to repair or replace the affected vessel(s), then the City may immediately terminate this Agreement. In the event of termination due to substantial damage to Purchased Vessel(s), then the Corporation may keep the monthly subsides that it had earned up to the casualty or occurrence; however, the Corporation shall refund the City the depreciated value of the vessel that was not repaired or replaced. [A04-01371 /194821/1] Page 12 of 13 Nothing contained herein shall limit the City’s rights and remedies against the Corporation for any such damage caused by the Corporation, its employees, agents or contractors. 20. RELATIONSHIP OF PARTIES The relationship between the Parties is that of licensor and licensee. In conducting the Water Taxi Service hereunder, the Corporation shall act as an independent contractor and not an agent of the City. The selection, retention, assignment and direction of the Corporation’s employees shall be the sole responsibility of the Corporation, and the City shall not attempt to exercise any control over the daily performance of the duties of the Corporation’s employees. 21. NO EXCLUSIVE RIGHTS Nothing contained in this Agreement shall be construed to grant or authorize the granting of exclusive right other than right of use of the city dockage and related upland properties pursuant to the terms of this Agreement. 22. NO LIENS The Corporation shall not cause any liens to be filed against the Purchased Vessels, the city dockage, and/or the associated upland properties by any reason of work, labor, services, or materials performed at or furnished to the Corporation related to this Agreement. Nothing contained in this Agreement shall be construed as consent on the part of the City to subject the Purchased Vessels, the city dockage, and/or associated upland properties to any lien or liability under the lien laws of the State of Florida. 23. CONFORMANCE WITH LAWS The Corporation agrees to comply with all applicable federal, state and local laws during the life of this Contract. 24. ATTORNEY FEES [A04-01371 /194821/1] Page 13 of 13 In the event that either party seeks to enforce this Agreement via legal action, then the parties agree that each party shall bear its own attorney fees and costs. 25. 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. 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: _______________________ ________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk (Clearwater Ferry Services, Inc.) Attest: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Title: ________________________ [A04-01371 /194820/1] Exhibit A – Scope of Work SCOPE OF PROJECT The Water Taxi operator agrees to provide scheduled water taxi services connecting the City’s Downtown Harbor Marina, Island Estates, Clearwater Beach Marina, and the Clearwater Beach Recreation Center Loading Dock under the terms and conditions set forth in Request for Proposal (RFP) No.35-16, Water Taxi Services. 1. SCOPE OF WORK The Water Taxi operator shall provide and maintain suf ficient passenger vessels to provide year-round minimum standards of service as defined herein and in RFP#35-16. Operator provided water taxi vessels shall be suitable for safely docking, loading, unloading and securely transporting passengers between water taxi landing locations. Operators are required to perform their duties exercising accepted standards of good seamanship and adhere to the Navigational Rules of the Road during vessel transit, including mooring and departure. Operators should take into account environmental conditions such as tide and currents, and circumstantial conditions caused by interactions with other vessels such as vessel wakes. Operators are to follow all proper marine safety and right of way standards in any and all underway situations such as passing other vessels, being overtaken by other vessels, or any situations that may arise. This is a partnered relationship with the City of Clearwater for public transportation to best provide a water borne alternative that is safe, efficient, clean, affordable, and ADA accessible vessels for Clearwater tourists, employees, and residents. Compet itive pricing, enhanced rider experience as well as maintaining a consistent schedule is expected. A. Operational Goals  To operate a daily water taxi service between the Harbor Marina, Beach Marina, and Clearwater Beach Recreation Center, using the existing water taxi landing docks at city locations.  Establish and maintain a positive relationship with the City and businesses along the waterfront to provide a safe transportation alternative to and from Clearwater Beach .  Provide safe, high quality ADA accessible transportation and a pleasant ridership experience for patrons.  Work with the City of Clearwater to maximize marketing tools available including, but not limited to, signage, social and print media to maximize ridership and engage public interest.  To meaningfully involve all segments of the community in the employment and business opportunities that arise as a direct or indirect result of the taxi service operation.  To contribute to easing the parking and traffic congestion on Clearwater Beach, as well as enhance the experience of the patrons be they tourists, employees or residents and add to the quality of vacationing, visiting, working or residing on Clearwater Beach  Over time, expand services from the initial core route as demand increases; additional stops could be both scheduled and “on demand .” Such services may be added when and where determined feasible. Where properties are private, the [A04-01371 /194820/1] Water Taxi operator is encouraged to work with the private property owner to establish water taxi landings for the benefit of both parties that are fully ADA accessible, safe and with proper illumination for the time of day.  The Operator is encouraged to provide additional vessels that are properly equipped and certified to USCG standards, whether contracted, rented or owned, to reasonably accommodate peak operations that occur seasonally as well as end -of- event departing crowds to prevent long delays in service, long lines and a degraded customer experience. B. Scope Specifications  All vessels must be USCG inspected passenger vessels for hire with current USCG certification.  All vessels used must be ADA accessible.  All Captains operating a water taxi must have an appropriate current USCG Master’s License; Captains and Crews are not to exceed the maximum work hours as required in USCG regulations.  All vessels must maintain and monitor a Marine VHF radio during operation.  Base hours of service operations will be (unless weather conditions prevent the safe operation on the waters): o In Season between March 1st and Labor Day: Monday – Sunday: 8:00 AM – 12:00 AM o Out of Season between the Tuesday after Labor Day and February 28th: Monday - Sunday 8:00AM – 8:00 PM  These hours may be adjusted for construction worker and service employee contracted operations as well as seasonal demand, special events and weather related conditions.  All deviations from the scheduled operations are to be coordinated with the City Harbormaster’s office, in writing.  While additional service hours and pick up or drop off locations for special events are encouraged to meet or build demand, enhanced operations to the core scheduled route and times must not degrade the core scheduled service.  All vessels must provide coverage from moderate rain showers and provide sun shade when needed.  All vessels used to provide water taxi services shall be of size and displacement that can operate without causing damage to city docks.  Contractor will be responsible for all damage caused to city docks.  The contractor shall promptly report to the city any accident or incident occurring during water taxi service hours which results in personal injury, property damage or violation of City, County, State or Federal (including USCG) ordinances, regulations or laws and shall cooperate with the City in investigating such accidents or incidents.  Logistics for operation during special events must be coordinated with and appro ved by the City Harbormaster. C. Financial Responsibility  The operator must provide the City of Clearwater with complete and accurate records including annual audited financial statements prepared according to [A04-01371 /194820/1] Generally Accepted Accounting Principles of all business transactions associated with the water taxi service. The Operator will be responsible for maximizing financial performance and utilization of the facilities through diligent promotion both independently and in cooperation with the City of Clearwater and astute management of resources such as fuel, staffing, promotions and advertising. D. Employees  At no time shall a vessel be operated without properly trained, licensed, and certified vessel captains and trained crew as required by USCG regulations.  All employee licenses, Seamanship papers and other USCG required documents and training certificates shall be on file with the Harbormaster’s Office at the onset of the contract and prior to any changes to staffing of any vessels used in the performance of this contract. E. City’s Responsibilities  The City of Clearwater will maintain existing water taxi landings on municipally owned property. Additional water taxi landings may be added by mutual agreement in other waterway locations to expand the service opportunities where practical. The city reserves the right to work with the selected operator as well as other operators to provide increased service and passenger capacity as deemed necessary. o Initial landings:  The existing Downtown Harbor Marina landing on the North Basin floating dock.  The existing Clearwater Beach Marina landings consisting of one floating dock at the east end of the Marina and occupying slips 149 and 150.  The existing floating dock located at the Bay Esplanade launch ramp adjacent to the Beach Recreation Center.  The City will provide directional signage and wayfinding signs where appropriate to improve visibility of downtown and beach landings and guide riders to the water taxi landings and nearby parking. F. Corporation’s Responsibilities  Provide adequate vessels and equipment to meet the scheduled service demands and adhere to proper vessel maintenance IAW manufacturer’s commercial use standards for inspections and engine fluid and filter changes. [A04-01371 /194820/1]  In addition to the fiscal, ridership and revenue reports required above, provide sufficient vessels in number and size along with qualified staff for each vessel to meet all USCG standards for safe operation and provide documentation of performance of scheduled maintenance by appropriately trained personnel IAW manufacturers specifications and USCG rules and regulations. 2. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM December 1, 2016 through December 1, 2018 unless revised by mutual agreement of both parties. 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. 3. EXTENSION The City and the Corporation may mutually agree to extend the term of this contract.The City or Corporation shall give written notice of their intention to extend this contract no later than ninety (90) days prior to the expiration date of the contract. 4. PRICES All pricing shall be firm for the initial term of two (2) years except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in this Agreement.  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 the two (2) year renewal term.  No fuel surcharges will be accepted. 5. SUBSIDY These are the payments provided by the city under this initial 2 year contract to secure scheduled service and meet actual observed ridership and anticipated growth . Any subsequent years will be reviewed and renegotiated based on actual ridership data gathered for the initial contract term, a review of the capital costs, revenues generated in excess of expenses and value of the service provided to the city, its businesses and the ridership served. A. Year 1 An initial subsidy will be provided to purchase a vessel in an amount not to exceed $180,000.00. This dollar amount is necessary to meet initial capacity and schedule requirements of the contract within 30 days of the commencement of the initial year 1 term. [A04-01371 /194820/1] Monthly subsidies of $10,523.92 for 12 months to maintain scheduled service to build ridership and encourage business relationships with existing and new businesses both on Clearwater Beach, Sand Key and Downtown are outlined below.  Total year one subsidy cost for scheduled service $126,287.04 B. Year 2 Monthly subsidies of $11,127.75 to maintain scheduled service to build ridership and encourage business relationships with existing and new businesses both on Clearwat er Beach, Sand Key and downtown are outlined below.  Total Year two subsidy cost for scheduled service $133,533.00  Total Compensation $439,820.04 Exhibit B - Routes The Downtown Promenade (to be developed Year 1 of contract) and the Clearwater Beach Marina (to be enhanced Year 1 of contract) will serve as the main terminal locations for the largest volume of ridership. These will be considered transportation HUBs. Other stops at North Beach, South Beach, Island Estates and eventually Sand Key will be future landings. In the future additional landings at the Seminole Street Launch Ramps location and private docks for “Whistle Stops” may be added provided they meet ADA standards and do not to detract from the scheduled service to the core service area of downtown and the beach marina. Each Proposed Phase is described below, the initial term of this contract is to develop the section identified as Phase 1 with the red and purple line “routes” and schedules expanded as additional service and ADA accessible landings can accommodate: Contractor Map & Route Plan Displayed in Phases Phase 1: Primary Route “The Red Line” Phase 1: Expanded Route “The Purple Line” Phase 2: An Employee Dedicated Vessel: This Expanded Route may be added at such time as beach employee demand supports a dedicated vessel, “The Orange Line” Phase 3: A dedicated beach transport only route: If demand supports this is proposed to be covered with the: Expanded Route “The Green Line”, for beach pedestrian traffic only. Exhibit C: Time and Route Schedules In-Season Route Schedule Plan Red Line Purple Line Green Line Orange Line - Employee Only Downtown Clearwater 8:00 AM Downtown Clearwater 9:00 AM Island Estates 10:00 AM South Beach 8:00 AM Clearwater Beach Marina 8:20 AM South Beach 9:20 AM North Beach 1 10:10 AM Downtown Clearwater 8:20 AM Island Estates 8:40 AM North Beach 1 9:50 AM North Beach 2 10:20 AM Clearwater Beach Marina 8:40 AM Downtown Clearwater 9:00 AM North Beach 2 10:00 AM Clearwater Beach Marina 10:40 AM North Beach 2 8:50 AM Clearwater Beach Marina 9:20 AM Island Estates 10:15 AM South Beach 11:00 AM North Beach 1 9:00 AM Island Estates 9:40 AM Downtown Clearwater 10:35 AM Sand Key 11:25 AM Downtown Clearwater 9:20 AM Downtown Clearwater 10:00 AM South Beach 10:55 AM South Beach 11:45 AM South Beach 9:40 AM Clearwater Beach Marina 10:20 AM North Beach 1 11:25 AM Clearwater Beach Marina 12:05 PM Downtown Clearwater 10:00 AM Island Estates 10:40 AM North Beach 2 11:35 AM North Beach 2 12:15 PM Clearwater Beach Marina 10:20 AM Downtown Clearwater 11:00 AM Island Estates 11:50 AM North Beach 1 12:25 PM North Beach 2 10:30 AM Clearwater Beach Marina 11:20 AM Downtown Clearwater 12:10 PM Island Estates 12:35 PM North Beach 1 10:40 AM Island Estates 11:40 AM South Beach 12:30 PM North Beach 1 12:45 PM Downtown Clearwater 11:00 AM Downtown Clearwater 12:00 PM North Beach 1 12:50 PM North Beach 2 1:00 PM South Beach 11:20 AM Clearwater Beach Marina 12:20 PM North Beach 2 1:00 PM Clearwater Beach Marina 1:20 PM Downtown Clearwater 11:40 AM Island Estates 12:40 PM Island Estates 1:15 PM South Beach 1:40 PM Clearwater Beach Marina 12:00 PM Downtown Clearwater 1:00 PM Downtown Clearwater 1:35 PM Sand Key 2:05 PM North Beach 2 12:10 PM Clearwater Beach Marina 1:20 PM South Beach 1:55 PM South Beach 2:20 PM North Beach 1 12:20 PM Island Estates 1:40 PM North Beach 1 2:25 PM Clearwater Beach Marina 2:40 PM Downtown Clearwater 12:40 PM Downtown Clearwater 2:00 PM North Beach 2 2:35 PM North Beach 2 2:50 PM South Beach 1:00 PM Clearwater Beach Marina 2:20 PM Island Estates 2:50 AM North Beach 1 3:00 PM Downtown Clearwater 1:20 PM Island Estates 2:40 PM Downtown Clearwater 3:10 PM Island Estates 3:10 PM Clearwater Beach Marina 1:40 PM Downtown Clearwater 3:00 PM South Beach 3:30 PM North Beach 1 3:20 PM North Beach 2 1:50 PM Clearwater Beach Marina 3:20 PM North Beach 1 4:00 PM North Beach 2 3:30 PM North Beach 1 2:00 PM Island Estates 3:40 PM North Beach 2 4:10 PM Clearwater Beach Marina 3:50 PM Downtown Clearwater 2:20 PM Downtown Clearwater 4:00 PM Island Estates 4:25 PM South Beach 4:10 PM South Beach 2:40 PM Clearwater Beach Marina 4:20 PM Downtown Clearwater 4:45 PM Sand Key 4:35 PM Downtown Clearwater 3:00 PM Island Estates 4:40 PM South Beach 5:05 PM South Beach 4:55 PM Clearwater Beach Marina 3:20 PM Downtown Clearwater 5:00 PM North Beach 1 5:35 PM Clearwater Beach Marina 5:15 PM North Beach 2 3:30 PM Clearwater Beach Marina 5:20 PM North Beach 2 5:45 PM North Beach 2 5:25 PM North Beach 1 3:40 PM Island Estates 5:40 PM Island Estates 6:00 PM North Beach 1 5:35 PM Downtown Clearwater 4:00 PM Downtown Clearwater 6:00 PM Downtown Clearwater 7:05 PM Island Estates 5:45 PM South Beach 4:20 PM Clearwater Beach Marina 6:20 PM South Beach 7:25 PM North Beach 1 5:55 PM Downtown Clearwater 4:40 PM Island Estates 6:40 PM North Beach 1 7:55 PM North Beach 2 6:05 PM Clearwater Beach Marina 5:00 PM Downtown Clearwater 7:00 PM North Beach 2 8:05 PM Clearwater Beach Marina 6:25 PM North Beach 2 5:10 PM Clearwater Beach Marina 7:20 PM Island Estates 8:20 PM South Beach 6:45 PM North Beach 1 5:20 PM Island Estates 7:40 PM Downtown Clearwater 8:40 PM Sand Key 7:05 PM Downtown Clearwater 5:40 PM Downtown Clearwater 8:00 PM South Beach 9:00 PM South Beach 7:30 PM South Beach 6:00 PM Clearwater Beach Marina 8:20 PM North Beach 1 9:30 PM Clearwater Beach Marina 7:50 PM Downtown Clearwater 6:20 PM Island Estates 8:40 PM North Beach 2 9:40 PM North Beach 2 8:00 PM Clearwater Beach Marina 6:40 PM Downtown Clearwater 9:00 PM Island Estates 9:55 PM North Beach 1 8:10 PM North Beach 2 6:50 PM Clearwater Beach Marina 9:20 PM Downtown Clearwater 10:15 PM Island Estates 8:20 PM North Beach 1 7:00 PM Island Estates 9:40 PM South Beach 10:35 PM North Beach 1 8:30 PM Downtown Clearwater 7:20 PM Downtown Clearwater 10:00 PM North Beach 1 11:05 PM North Beach 2 8:40 PM South Beach 7:40 PM Clearwater Beach Marina 10:20 PM North Beach 2 11:15 PM Clearwater Beach Marina 9:00 PM Downtown Clearwater 8:00 PM Island Estates 10:40 PM Island Estates 11:30 PM South Beach 9:20 PM Clearwater Beach Marina 8:20 PM Downtown Clearwater 11:00 PM Downtown Clearwater Sand Key 9:45 PM North Beach 2 8:30 PM Clearwater Beach Marina 11:20 PM South Beach 10:05 PM North Beach 1 8:40 PM Island Estates 11:40 PM Clearwater Beach Marina Downtown Clearwater 9:00 PM Downtown Clearwater South Beach 9:20 PM Downtown Clearwater 9:40 PM Clearwater Beach Marina 10:00 PM North Beach 2 10:10 PM North Beach 1 10:20 PM Downtown Clearwater 10:40 PM South Beach 11:00 PM Downtown Clearwater 11:20 PM Clearwater Beach Marina 11:40 PM North Beach 2 11:50 PM North Beach 1 12:00 AM Downtown Clearwater Off- Season Route Schedule Plan Red Line Purple Line Green Line Orange Line - Employee Only Downtown Clearwater 8:00 AM Downtown Clearwater 9:00 AM Island Estates 10:00 AM South Beach 8:00 AM Clearwater Beach Marina 8:20 AM South Beach 9:20 AM North Beach 1 10:10 AM Downtown Clearwater 8:20 AM Island Estates 8:40 AM North Beach 1 9:50 AM North Beach 2 10:20 AM Clearwater Beach Marina 8:40 AM Downtown Clearwater 9:00 AM North Beach 2 10:00 AM Clearwater Beach Marina 10:40 AM North Beach 2 8:50 AM Clearwater Beach Marina 9:20 AM Island Estates 10:15 AM South Beach 11:00 AM North Beach 1 9:00 AM Island Estates 9:40 AM Downtown Clearwater 10:35 AM Sand Key 11:25 AM Downtown Clearwater 9:20 AM Downtown Clearwater 10:00 AM South Beach 10:55 AM South Beach 11:45 AM South Beach 9:40 AM Clearwater Beach Marina 10:20 AM North Beach 1 11:25 AM Clearwater Beach Marina 12:05 PM Downtown Clearwater 10:00 AM Island Estates 10:40 AM North Beach 2 11:35 AM North Beach 2 12:15 PM Clearwater Beach Marina 10:20 AM Downtown Clearwater 11:00 AM Island Estates 11:50 AM North Beach 1 12:25 PM North Beach 2 10:30 AM Clearwater Beach Marina 11:20 AM Downtown Clearwater 12:10 PM Island Estates 12:35 PM North Beach 1 10:40 AM Island Estates 11:40 AM South Beach 12:30 PM North Beach 1 12:45 PM Downtown Clearwater 11:00 AM Downtown Clearwater 12:00 PM North Beach 1 12:50 PM North Beach 2 1:00 PM South Beach 11:20 AM Clearwater Beach Marina 12:20 PM North Beach 2 1:00 PM Clearwater Beach Marina 1:20 PM Downtown Clearwater 11:40 AM Island Estates 12:40 PM Island Estates 1:15 PM South Beach 1:40 PM Clearwater Beach Marina 12:00 PM Downtown Clearwater 1:00 PM Downtown Clearwater 1:35 PM Sand Key 2:05 PM North Beach 2 12:10 PM Clearwater Beach Marina 1:20 PM South Beach 1:55 PM South Beach 2:20 PM North Beach 1 12:20 PM Island Estates 1:40 PM North Beach 1 2:25 PM Clearwater Beach Marina 2:40 PM Downtown Clearwater 12:40 PM Downtown Clearwater 2:00 PM North Beach 2 2:35 PM North Beach 2 2:50 PM South Beach 1:00 PM Clearwater Beach Marina 2:20 PM Island Estates 2:50 AM North Beach 1 3:00 PM Downtown Clearwater 1:20 PM Island Estates 2:40 PM Downtown Clearwater 3:10 PM Island Estates 3:10 PM Clearwater Beach Marina 1:40 PM Downtown Clearwater 3:00 PM South Beach 3:30 PM North Beach 1 3:20 PM North Beach 2 1:50 PM Clearwater Beach Marina 3:20 PM North Beach 1 4:00 PM North Beach 2 3:30 PM North Beach 1 2:00 PM Island Estates 3:40 PM North Beach 2 4:10 PM Clearwater Beach Marina 3:50 PM Downtown Clearwater 2:20 PM Downtown Clearwater 4:00 PM Island Estates 4:25 PM South Beach 4:10 PM South Beach 2:40 PM Clearwater Beach Marina 4:20 PM Downtown Clearwater 4:45 PM Sand Key 4:35 PM Downtown Clearwater 3:00 PM Island Estates 4:40 PM South Beach 5:05 PM South Beach 4:55 PM Clearwater Beach Marina 3:20 PM Downtown Clearwater 5:00 PM North Beach 1 5:35 PM Clearwater Beach Marina 5:15 PM North Beach 2 3:30 PM Clearwater Beach Marina 5:20 PM North Beach 2 5:45 PM North Beach 2 5:25 PM North Beach 1 3:40 PM Island Estates 5:40 PM Island Estates 6:00 PM North Beach 1 5:35 PM Downtown Clearwater 4:00 PM Downtown Clearwater 6:00 PM Downtown Clearwater 7:05 PM Island Estates 5:45 PM South Beach 4:20 PM Clearwater Beach Marina 6:20 PM South Beach 7:25 PM North Beach 1 5:55 PM Downtown Clearwater 4:40 PM Island Estates 6:40 PM North Beach 1 7:55 PM North Beach 2 6:05 PM Clearwater Beach Marina 5:00 PM Downtown Clearwater 7:00 PM North Beach 2 8:05 PM Clearwater Beach Marina 6:25 PM North Beach 2 5:10 PM Clearwater Beach Marina 7:20 PM Island Estates 8:20 PM South Beach 6:45 PM North Beach 1 5:20 PM Island Estates 7:40 PM Downtown Clearwater 8:40 PM Sand Key 7:05 PM Downtown Clearwater 5:40 PM Downtown Clearwater 8:00 PM South Beach 9:00 PM South Beach 7:30 PM South Beach 6:00 PM Clearwater Beach Marina 8:20 PM North Beach 1 9:30 PM Clearwater Beach Marina 7:50 PM Downtown Clearwater 6:20 PM Island Estates 8:40 PM North Beach 2 9:40 PM North Beach 2 8:00 PM Clearwater Beach Marina 6:40 PM Downtown Clearwater 9:00 PM Island Estates 9:55 PM North Beach 1 8:10 PM North Beach 2 6:50 PM Clearwater Beach Marina 9:20 PM Island Estates 8:20 PM North Beach 1 7:00 PM Island Estates 9:40 PM North Beach 1 8:30 PM Downtown Clearwater 7:20 PM Downtown Clearwater 10:00 PM North Beach 2 8:40 PM South Beach 7:40 PM Clearwater Beach Marina 9:00 PM Downtown Clearwater 8:00 PM South Beach 9:20 PM Clearwater Beach Marina 8:20 PM Sand Key 9:45 PM North Beach 2 8:30 PM South Beach 10:05 PM North Beach 1 8:40 PM Clearwater Beach Marina Downtown Clearwater 9:00 PM South Beach 9:20 PM Downtown Clearwater 9:40 PM Clearwater Beach Marina 10:00 PM Exhibit D: Schedule of Fees Schedule of Fees Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2971 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve a Blanket Purchase Order (contract) to Chemtrade Chemical US LLC in the annual amount of $200,000.00 with the option for two, one-year term extensions, for the purchase of Liquid Aluminum Sulfate, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Aluminum Sulfate is used in the Northeast, East, and Marshall Street Water Reclamation Facilities (WRF) to maintain regulatory compliance with the City’s Florida Department of Environmental Protection (FDEP) operating permits. The bid was advertised on September 30, 2016 and four bids were received on Thursday, October 20, 2016. The lowest responsible bidder in response to invitation to bid, ITB 58-16, is Chemtrade Chemical US LLC with a bid price of $182.00 per dry ton. The new Blanket Purchase Order (BPO) will go into effect on December 1, 2016. APPROPRIATION CODE AND AMOUNT: 0421-01351-551000-535-000-0000 $ 170,000.00 FY 16/17 0421-01351-551000-535-000-0000 $ 30,000.00 FY 17/18 Sufficient funding is available in the Water & Sewer Utility Fund operating cost centers 0421-01351, Wastewater Plant Operations, in the amount of $170,000.00 to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $30,000.00 will be included in the Water and Sewer recommended operating budget from the Director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2016 CITY OF CLEARWATER ITB # 58-16, Liquid Aluminum Sulfate DUE DATE: October 20, 2016; 10:00 AM BID TABULATION ITEM DESCRIPTION Affinity Chemical Chemtrade Chemicals US LLC C & S Chemicals Thatcher Chemical of Florida Inc 1 Liquid Aluminum Sulfate (non-emergency)179,400.00$ 109,200.00$ 119,364.00$ 117,600.00$ 2 Liquid Aluminum Sulfate (emergency)14,950.00$ 9,100.00$ 9,947.00$ 9,800.00$ Total:194,350.00$ 118,300.00$ 129,311.00$ 127,400.00$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2993 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Approve the 2017 State Legislative Priorities. SUMMARY: Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works closely with city management staff and the City’s lobbying team in Tallahassee to draft a package that is beneficial to Clearwater. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. The 2017 State Legislative Package includes supporting: continued funding for programs that benefit municipalities statewide such as Florida Recreation Development Assistance Program (FRDAP), State Aid to Libraries and housing trust funds under the Sadowski Act; PSTA’s Florida Department of Transportation’s grant request for an Express Transit service from Tampa International Airport to Clearwater Beach and repealing the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitor and businesses. The City, along with the Florida League of Cities, continues to oppose unfunded mandates and intrusions to municipal home rule authority. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2016 **DRAFT ** 2017 State Legislative Priorities The City of Clearwater will seek funding through grants and other sources to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. Countryside Sports Complex • $2.5 million • Renovate restrooms and concessions for youth soccer, football, and lacrosse programs. Field renovations will also improve drainage. Complex will provide support facilities for Major League Soccer Spring Training (DC United) and out-of-market youth soccer and lacrosse events, strengthening sports tourism’s economic impact in Pinellas County. Sunshine Limitless Activity Area at the Long Center • $500,000 • Renovate the existing Sunshine Limitless Activity Area to include an expanded limitless playground, picnic facilities, and accessible hiking and exercise trail. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: • Maintain or increase funding for FRDAP, Land and Water Conservation, Southwest Water Management District Cooperative Funding, Cultural Affairs Facilities, State Aid to Libraries and Multi-type Library Cooperatives, Florida Forever. o Examples:  State Aid to Public Libraries, which aids and encourages the establishment of free library services throughout the State, was cut by $5 million in 2015; Pinellas County will now receive $785,000 ($250,000 less than the year before)  Florida Recreation Development Assistance Program: City has had 2 highly-rated large projects (Countryside Sports Complex and McMullen Tennis Complex Expansion) not receive grant funding because the agency is only funding small projects. • Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. • Repeal the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors, and businesses. • Support Pinellas Suncoast Transit Authority’s FDOT grant funding request for an Express Transit service from Tampa International Airport to Clearwater Beach. • Provide opportunities for increased and alternative revenue sources for municipal transportation infrastructure projects. o Much of the funding is generated through a tax on gasoline. As vehicles become more efficient, the gas tax revenue will continue to decrease. An example – allow municipalities the ability to hold a referendum to fund a local transportation project. • Support public records reform to discourage or eliminate schemes designed to generate violations of public records laws or to disrupt agency operations. • Support legislation that provides qualifying individuals a path to obtain a building code compliance certification through an accredited program approved by the Florida Building Commission. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: • Preempts local government’s ability to regulate Airbnb rentals, or similar marketplaces, that allow individuals to rent out unused spaces in their homes for lodging. • Unfunded mandates. • Increased regulation of, or restrictions on, municipal operations and budgeting. • Restriction or elimination of municipal revenues generated under the communications services and local business tax. o What the City has received in recent years: • Changes to existing laws related to offshore Oil Drilling in the Gulf of Mexico. • Imposed consolidation of municipal and county services. • Reduced home rule authority of municipalities to regulate signage. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. FY17 Budget FY16 Budget FY15 Actual FY14 Actual FY13 Actual Communications Services Tax 4,965,400$ 5,066,700$ 4,918,612$ 5,061,031$ 5,470,390$ Local Business Tax 2,135,000$ 2,135,000$ 2,028,722$ 2,111,269$ 2,111,906$ Total 7,100,400$ 7,201,700$ 6,947,334$ 7,172,300$ 7,582,296$ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2967 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: Citizens Academy Graduates SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2924 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.2 SUBJECT/RECOMMENDATION: Jazz Holiday Presentation - Steve Weinberger, Clearwater Jazz Holiday Foundation CEO SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2968 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.3 SUBJECT/RECOMMENDATION: Environmental Advisory Board Report - Leann DuPont, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2969 Agenda Date: 11/15/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.4 SUBJECT/RECOMMENDATION: Parks and Recreation Advisory Board Report - Ric Ortega, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2016