02/13/2017Monday, February 13, 2017
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
February 13, 2017Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Police Officer Oaths2.1
3. Office of Management and Budget
Discuss proposed project list for the Penny for Pinellas extension
(Penny IV). (WSO)
3.1
4. Economic Development and Housing
Endorse the application for Project Atlas and committing the City of
Clearwater to provide local financial support (Local Match) of ten
percent of the eligible tax refund upon certification by State of Florida
Department of Economic Opportunity (DEO) and adopt Resolution
17-11.
4.1
5. Gas System
Approve a Developer Agreement with Lindiakos Properties, Inc, for the
installation of a natural gas distribution system and authorize
appropriate the officials to execute same. (consent)
5.1
Approve a Mutual Use Agreement with Tampa Bay Water for the
installation of natural gas distribution mains and authorize the
appropriate officials to execute same. (consent)
5.2
6. Parks and Recreation
Approve Vehicle Use Agreement between the School Board of Pinellas
County, Florida and the City of Clearwater through August 23, 2017 for
the City to utilize Pinellas County School buses at a cost of $1.50 per
mile plus $29.00 per hour, for a total estimated cost of $40,000 and
authorize the appropriate officials to execute. (consent)
6.1
Approve a License Agreement between the Board of Trustees of St.
Petersburg College (SPC) and the City of Clearwater (City) providing for
the use of Jack Russell Stadium for SPC baseball, the use of Eddie C.
Moore Softball Complex for SPC softball, and terminates an older
license agreement between SPC and the City to use the Joe DiMaggio
Sports Complex and authorize the appropriate officials to execute same.
(consent)
6.2
7. Police Department
Page 2 City of Clearwater Printed on 2/10/2017
February 13, 2017Council Work Session Work Session Agenda
Authorize the Chief of Police to sign a Memorandum of Understanding
between the City of Clearwater Police Department and the Florida
Department of Highway Safety and Motor Vehicles. (consent)
7.1
8. Engineering
Approve the First Amendment to the Cooperative Funding Agreement
(CFA) between Southwest Florida Water Management District
(SWFWMD) and the City of Clearwater for the Groundwater
Replenishment Project, and authorize the appropriate officials to
execute same. (consent)
8.1
Award a construction contract to Central Florida Contractors, Inc. of
Seminole, Florida, for the 2017 Sidewalks Construction Project
(16-0016-EN) in the amount of $527,468.98, and authorize the
appropriate officials to execute same. (consent)
8.2
Approve a purchase order (contract) to Transmap Corporation of Upper
Arlington, OH, in the amount of $105,132.19 for the 2017 Pavement
Assessment Program and authorize the appropriate officials to execute
same. (consent)
8.3
9. Planning
Approve services agreement (purchase order) to Quorum Services LLC
of Tampa, FL, in the annual amount of $400,000 for Inspection and Plan
Review Services, with two, one-year extension options at the City’s
discretion, and authorize the appropriate officials to execute same.
(consent)
9.1
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 1515 Stevenson’s Drive and
1316 Woodbine Street, together with certain abutting right-of-way of
Stevenson’s Drive and Carol Drive, and pass Ordinances 8997-17,
8998-17, 8999-17 on first reading. (ANX2016-11039)
9.2
Provide direction on the proposed Development Agreement between
North Clearwater Beach Development, LLC (the property owner) and
the City of Clearwater, providing for the allocation of 10 units from the
Hotel Density Reserve under Beach by Design and confirm a second
public hearing in City Council Chambers before City Council on March 2,
2017 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2016-09001)
9.3
Approve amendments to the Clearwater Community Development Code
establishing the Foreclosure Property Registry, procedures for
registration and enforcement, and annual registration fee and pass
Ordinance 8996-17 on first reading. (TA2016-12004)
9.4
Page 3 City of Clearwater Printed on 2/10/2017
February 13, 2017Council Work Session Work Session Agenda
Amend City Council Policies to add a new Block Party Insurance
Requirement under General Administration.
9.5
Continue to March 16, 2017: Approve a Zoning Atlas Amendment from
the A-E Agricultural Estate Residential District (Pinellas County) to the
Medium Density Residential (MDR) District (City) for 2425 McMullen
Booth Road and an unaddressed parcel on McMullen Booth Road; and
pass ordinance 9003-17 on first reading. (REZ2016-02002)
9.6
Continue to March 16, 2017: Approve a Future Land Use Map
Amendment from the Residential Low (RL) category to the Residential
Low Medium(RLM) category for 2425 McMullen Booth Road and an
unaddressed parcel on McMullen Booth Road; and pass ordinance
9002-17 on first reading. (LUP2016-02002)
9.7
Continue to March 16, 2017: Deny a Development Agreement between
HR Tampa Bay, LLC (the developer) and the City of Clearwater for
property located at 2425 and unaddressed McMullen Booth Road; and
reject Resolution 17-08 to deny the Development Agreement for this
property. (DVA2016-09001)
9.8
10. Marine & Aviation
Approve the Joint Participation Agreement (JPA) G0H27 between the
City of Clearwater and the State of Florida Department of Transportation
(FDOT) for an Airpark Master Plan Study at Clearwater Airpark,
authorize the appropriate officials to execute same, and adopt
Resolution 17-12.
10.1
11. Public Utilities
Ratify and Confirm purchase order (contract) to Layne Inliner LLC in the
amount of $39,600.00 for Emergency Services to minimize the overflow
of sewage from our Corona Interceptor Sewer, as part of the Sanitary
Collect and Transmission R and R Project, and authorize the
appropriate officials to execute same.
11.1
Ratify and confirm purchase order (contract) to TLC Diversified Inc. in
the amount of $120,000.00, United Rentals Inc. in the amount of
$1,000,000.00, McKim and Creed Engineers in the amount of
$199,000.00, and B.L. Smith Electric Inc. in the amount of $9,623.50 for
Emergency Services associated with the mechanical pump failure
flooding the Marshall Street WRF influent pump station, as part of the
Water Pollution Control R and R Project; and authorize the appropriate
officials to execute same.
11.2
12. Solid Waste
Page 4 City of Clearwater Printed on 2/10/2017
February 13, 2017Council Work Session Work Session Agenda
Award a contract (Blanket Purchase Order) for $132,000.00 to Coastal
Alternative Fuel Systems in Odessa, FL for Ford vehicle up-fitting
services (CNG Conversion); authorize 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)
12.1
13. Legal
Request for authority to settle the case of Demmeko Stanley vs. City of
Clearwater Case No. 15-002515-CI for $87,500.00. (consent)
13.1
14. City Manager Verbal Reports
15. City Attorney Verbal Reports
16. Council Discussion Item
Temporary Suspension of Comp. Sign Fee - Vice Mayor Jonson16.1
17. 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).
18. Closing Comments by Mayor
19. Adjourn
20. Presentation(s) for Council Meeting
TBARTA Updates - Anthony Matonti, Senior Planner and Project
Coordinator, Tampa Bay Area Regional Transportation Authority
(TBARTA)
20.1
Page 5 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3231
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Police Officer Oaths
SUMMARY:
·Danny R. Fiber
·Christopher J. Fowler
·Daniel I. Jewett
·Elliott J. Lightfoot
·Jarik R. Melendez
·Xavier J. Rodriguez
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3145
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Office of Managment & Budget
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Discuss proposed project list for the Penny for Pinellas extension (Penny IV). (WSO)
SUMMARY:
The referendum on the renewal of Penny for Pinellas is scheduled for November 7, 2017. In
preparation, Pinellas County has established a timeline for municipalities to provide necessary
information to be used for public outreach.
Staff has provided the City Manager’s list of recommended projects to the City Council for
infrastructure projects during this next ten-year cycle. A listing of proposed projects is due to
the County in April.
Page 1 City of Clearwater Printed on 2/10/2017
Page | 1
City of Clearwater – Proposed Project List
Penny for Pinellas Extension
2020-2030
Page | 2
Penny for Pinellas
In 1989 the “Penny for Pinellas” (infrastructure) sales tax was originally approved at countywide
referendum for a ten-year period starting in 1990. In the spring of 1997, county voters approved the
extension of the “Penny for Pinellas” tax for the ten-year period through 2010. And in spring of 2007,
voters approved the second extension for the ten-year period ending in 2020.
Since the inception of Penny in 1990, the City has received approximately $210 million of Penny dollars.
This has provided a major economical boost to the City’s economy, offering a means to provide facilities
and service, most which would have been difficult to achieve without this resource.
Some of the major City of Clearwater projects that have been funded from receipts to date include:
Memorial Causeway Bridge
Main Library
Bright House Stadium
Sand Key Fire Station (#44)
Northwest Fire Station (#51)
Clearwater Mall Fire Station (#49)
Main Fire Station (#45)
Belcher Road Fire Station & Training Facility (#48)
Countryside Recreation Center
Ross Norton Complex
North Greenwood Recreation, Aquatics Center and Library
Countryside Library
Clearwater Beach Recreation Complex
Pier 60 & Pier 60 Park
Pier 60 Entranceway Approaches
Beach Walk
Municipal Service Building/Public Safety Complex
Clearwater Pass Bridge
Drew Street Widening
Countryside Boulevard Widening
Stevenson Creek Improvements
Landmark Drive Extension
Long Center – Aging Well Center, Playground and Infrastructure Improvements
Druid Road Widening
Downtown Streetscaping (Phases I and II)
Fire Engines/Rescues, Police Vehicles
Other projects planned for the remainder of the current ten-year cycle include:
Consolidated "Eastside/SPC" Library
Countryside Fire Station (#50)
Clearwater Beach Fire Station (#46)
Lakeview Fire Station (#47)
Crest Lake Park Improvements
Morningside Recreation Center Replacement
Downtown Streetscaping (Phase III)
Page | 3
Facts about the Penny for Pinellas tax:
1% sales tax paid by everyone who spends money in the County
Approximately 1/3 of revenue contributed by tourists and seasonal visitors, providing more
cost-savings to our residents
Necessities, such as groceries and medicines, are NOT taxed
Only the first $5,000 of any single purchase (such as a car) is taxed
Future Plans for Penny
According to Pinellas County estimate, the City of Clearwater will receive approximately $141,314,000
of proceeds over the fourth ten-year period beginning in the year 2020.
The following pages detail the City Manager’s list of recommended projects to the City Council for
infrastructure projects during this next ten-year cycle. All of these projects support the City of
Clearwater’s Strategic Plan with the supporting goals and objectives identified.
Proposed Project Summary
Project Title
Projected Penny
Budget
Scope
Page #
Utilities Infrastructure 20,000,000$ 4
Major League Baseball Training Facilities 7,500,000 5
Second Century Clearwater Projects 8,000,000 6
Fire Engines/Rescue Vehicles 8,560,000 7
Police Vehicles 1,750,000 8
Police District III (Countryside Sub Station)5,500,000 9
Neighborhood and Community Parks Renovations 3,500,000 10
Youth Sports Fields Renovations 5,000,000 11
Recreation Trails 2,500,000 12
McMullen Tennis Complex Expansion 2,000,000 13
Environmental Park Improvements 1,500,000 14
Beach Marina Upgrades 15,000,000 15
Public Works Complex 12,300,000 17
City Hall 6,300,000 18
Downtown Parking Garage 10,500,000 19
Sand Key Bridge Replacement Fund 30,000,000 20
Total 139,910,000$
Page | 4
Utilities Infrastructure
BACKGROUND: The city has built out its sanitary sewer system over the past 95 years. While the
Public Utilities Department has strived to maintain the system through a proactive maintenance program,
recent analysis is indicating a more aggressive schedule of rehabilitation is necessary to help reduce the
risk of sanitary sewer overflows during peak flow events.
SCOPE: This project will make upgrades to aging sanitary sewer infrastructure throughout the city that
is contributing to sanitary sewer overflows due to its age and condition. The work will include upgrades
to sanitary sewer pipes, manholes, sanitary sewer pump stations and the associated pressure force mains.
Currently, planning and evaluations are under way to which will more clearly identify specific utility
infrastructure projects for this time frame. Staff proposes a phased approach over the Penny cycle for the
upgrades/replacement of infrastructure based on age.
Phase 1 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Clearwater
Beach and Island Estates.
Phase 2 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Marshall
Street wastewater basin.
Phase 3 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for East
wastewater basin.
Phase 4 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Northeast
wastewater basin.
PRELIMINARY ESTIMATE: $20,000,000
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 5
Major League Baseball Training Facilities
BACKGROUND: The training facilities for the Philadelphia Phillies and their associated minor league
teams, includes Carpenter Complex, Joe DiMaggio Fields and Spectrum Field (formerly Bright House
Networks Field). While Carpenter Complex has been in use from the early 1970’s; Spectrum Field was
constructed in 2004 and has been in service 12 years. In 2024 the facility will be 20 years old and a new
agreement with the Phillies will be required at that time. The City has invested several million dollars
over the years and continues to invest several hundred thousand dollars a year to keep the facility up to
first class major league baseball standards. In order to continue to maintain the current facilities up to
these standards, several major infrastructure projects need to take place in the future. A reserve study was
completed in fiscal year 2015 to determine the future maintenance needs as well as a budget for other
improvements needed at this facility. Additionally other player development facilities will need to be
addressed at that time. The total cost in fiscal year 2020/21 could be up to $40 million for all renovations,
repairs upgrades and new development facilities. The City portion of the cost is estimated to be between
$5,000,000 and $7,500,000 with the Philadelphia Phillies, Pinellas County and the State of Florida
picking up the remainder of the costs.
SCOPE: This project will include renovations and refurbishment to the Carpenter Field Complex
buildings including the club house and training facility buildings as well as other general field
improvements. Spectrum Field will need major renovations to all mechanical systems, roofing, structural,
retaining walls, scoreboard, signage and seating. In addition all of the interior spaces including
concession stands, dugouts, retail areas, ticketing, coolers, suites, offices, administrative staff area, media
room will need to be repaired and upgraded. New improvements needed at the stadium may include
enclosing an additional section of the second floor into more suites, catering kitchen and ball player club
house improvements. Development and construction of facilities to accommodate the need for player
development would also be included in this project.
PRELIMINARY ESTIMATE: $7,500,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of
the economy” through the following objectives:
Diversify the Economic Base
o Maintain tourism commitment, including sports tourism
This project supports the City’s mission “to provide cost effective municipal services and infrastructure”
through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 6
Second Century Projects
BACKGROUND: Second Century Projects reflect those projects emanating from the Urban Land
Institute Panel Report completed in June of 2014. A number of significant initiatives resulting from that
report and subsequent planning studies are anticipated. These projects are characterized by their
significant impact on economic development, encouragement of private investment, creating a renewed
“sense of place”, adding value to the downtown and surrounding market area, and building community in
downtown Clearwater and surrounding area.
SCOPE: This project will provide funding for various projects derived from strategies and actions
identified in the North Marina Area Master Plan, Waterfront/Bluff Master Plan, as well as various other
projects related to implementation of the Urban Land Use panel study report, and the Downtown
Redevelopment Plan. For the North Marina Area Master Plan, funding is needed to enhance the Seminole
boat ramp function, activate the waterfront with public realm and paths, complete streets from Pinellas
Trail to the Seminole Boat Ramp, build enhanced gateways to the marina, provide streetscape amenities,
improve street and pedestrian lighting, and improve the Pinellas trail. Plans are being designed for the
redevelopment and reinvestment to the waterfront and bluff areas of downtown Clearwater as part of the
Imagine Clearwater waterfront/bluff master plan process. This will include an expansion of Coachman
Park to allow for a cohesive downtown waterfront.
PRELIMINARY ESTIMATE: $8,000,000
STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of
the economy” through the following objectives:
Diversify the Economic Base
o Develop Downtown
o Maintain tourism commitment
This project supports the City’s mission “to provide cost effective municipal services and infrastructure”
through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 7
Fire Engine/Rescue Vehicles
BACKGROUND: The Fire department has a fleet of 12 Engines (8 Frontline/ 4 reserve), 3 Ladder
Trucks (2 Frontline/ 1 reserve), and 9 Rescues (5 Frontline/ 4 reserve), to support front-line Fire and
Rescue operations in the City of Clearwater. On average, 2 vehicles are due for replacement each year.
As part of the Infrastructure Surtax, the Florida Statutes allow for the purchase of fire department
vehicles, and emergency medical service vehicles and the equipment necessary to outfit for use. In the
Penny III cycle, the City began providing an allocation of funds to aide in the replacement of Fire/Rescue
vehicles.
SCOPE: This project provides for the replacement of Fire/Rescue vehicle replacement as they reach the
end of their service life as a front-line unit. Engines removed from front-line service may move to the
reserve fleet and an older reserve unit may be retired. Maintaining up to date response vehicles, along
with required equipment, allow the department to maintain its level of service to the community and
provide for the safety of our personnel.
PRELIMINARY ESTIMATE: $8,560,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Efficiency
o Optimize use of employees, assets, and resources
Quality
o Proactively maintain and reinvest in our infrastructure
Safety
o Ensure timely emergency preparation , response, and recovery
Page | 8
Police Vehicles
BACKGROUND: The Police Department has a patrol fleet of 182 emergency police vehicles.
Approximately 14 emergency police vehicles are replaced each year based on factors associated with
condition, mileage, and age. In fiscal year 2017 and 2018, the Police Department increased the size of the
patrol fleet in an effort to improve operational readiness, extend the longevity of the vehicles, and
establish an assigned vehicle program to address recruiting and retention issues. As part of the
Infrastructure Surtax, the Florida Statutes allow for the purchase of police vehicles and equipment. In the
Penny III cycle we began an annual allocation of funds to aide in the replacement of police vehicles.
SCOPE: This project provides for the purchase and replacement of police vehicles, including the costs
of outfitting the vehicle with the required emergency and operational equipment. The patrol vehicle is a
critical piece of equipment necessary to accomplish the department’s community oriented, problem
solving strategy of policing. The police patrol vehicle is a mobile office capable of conducting mobile
dispatch, analysis of crime trends, investigative research, and the processing of mandated reports and
documents.
PRELIMINARY ESTIMATE: $1,750,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Efficiency
o Optimize use of employees, assets, and resources
Quality
o Proactively maintain and reinvest in our infrastructure
Safety
o Ensure timely emergency preparation , response, and recovery
Page | 9
Police District III (Countryside Sub Station)
BACKGROUND: The station for this District is located at 2851 N McMullen Booth Road. This
facility serves as a substation supporting a fully functional Police Department that is utilized by 57 full-
time employees. The current Clearwater Police Department District III Sub-station was originally
constructed in 1983. The current building has approximately 6,750 square feet of usable space. A Project
to improve the shooting range on the same tract of land will be completed in fiscal year 2016. Another
project to relocate the police station to a different footprint will provide for better site utilization. Such a
project will provide the opportunity to incorporate some of the site’s diverse features into the new station.
Additionally, it will allow the Police Department to eliminate an aging double-wide trailer used for
training, and to improve inadequate stormwater conditions on the site. This project will also provide the
opportunity to improve the Police Department’s adjacent canine facility.
SCOPE: This project provides for the construction of a two story structure that will house the patrol
operations and training facilities. The new structure would replace the Sub-station that was originally
constructed in 1983, and the doublewide trailer currently used as the training facility. Included in the
training section will be the training complex office, workshop, armory, ammunition room and training
classroom. Combining the training facilities and patrol operations into a single structure will release
valuable real estate and allow the Police department to take advantage of enhanced training opportunities
to address ever changing public safety challenges. It will also provide more flexibility and efficiency
within the Patrol and Services Divisions of the Clearwater Police Department.
PRELIMINARY ESTIMATE: $5,500,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Efficiency
o Optimize use of employees, assets, and resources
Quality
o Proactively maintain and reinvest in our infrastructure
Safety
o Ensure timely emergency preparation , response, and recovery
Page | 10
Neighborhood and Community Parks Renovations
BACKGROUND: The mainstay of the Clearwater Parks and Recreation system is the numerous
neighborhood and community parks that dot the landscape of Clearwater from Bay to Beach and from
Belleair Road on the south to Curlew Road on the north. There are over 20 neighborhood parks, 23 mini-
parks, and 13 community parks. Each of these parks have a variety of offerings varying from
playgrounds, exercise courts, basketball courts, tennis courts, handball courts, open field areas, picnic
areas, water fountains, trails and park amenities. The age of the parks vary from two years to over 60
years old; most added since 1975 and were funded by Recreation Land and Open Space Impact Fees.
While normal maintenance needs of the parks have been addressed there is a need to refurbish and replace
much of the infrastructure in the parks. Penny III appropriations of $5 million were used for this purpose.
SCOPE The scope of this project is to continue what was begun with Penny III and will vary from
park to park. Our main goal will be to refurbish, develop and renovate existing and future neighborhood
parks, min-parks and community parks. Several parks in the existing inventory will need to be renovated
over the next 10 years.
Following is a list of some of the various parks that would qualify for additional renovations and
improvements as needed.
Allen's Creek Park Country Hollow Park Montclair Park
Alligator Lake D.D. Davis Park Norton/Wright Parks
Bay Park on Sand Key Enterprise Road Dog Park Salls Lake 1 & 2
Cedar Groves Forest Run Park Soule Road Park
Charles Park Hibiscus Lake State Street Park
Charter Oaks Kings Highway Park Station Square Park
Chautauqua Parks Mandalay Park Wood Valley Park
Cherry Harris Park Marymont Park Woodgate Park
Cliff Stephens Park McKay Playfield
PRELIMINARY ESTIMATE: $3,500,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 11
Youth Sports Fields Renovations
BACKGROUND: Clearwater is known for its many excellent sports fields and complexes located
throughout the city. Most notable are the E.C. Moore Softball Complex (nine fields), Joe DiMaggio
Sports Complex (six fields), Sid Lickton Complex (seven fields), Jack Russell Stadium, and Countryside
Sports Complex (four fields). These facilities are used year round by local residents as well as a means
to bring sports tourism to Clearwater. Many of the existing facilities have been renovated from Penny III
funds (approx. $5,000,000), including improvements to Sid Lickton, Joe DiMaggio, Countryside
Community Park and E.C. Moore Fields 8 & 9. However, in order to stay competitive in the sports
tourism industry and to provide the best quality sports fields for Clearwater youth, additional renovations
and construction is needed over the next 10 years.
SCOPE: This project will provide for much needed renovations and construction of new sports
facilities needed to meet the demands of youth sports in Clearwater as well as north County and to
accommodate sports tourism. This project could provide for renovations and improvements of Ross
Norton Ball fields, Frank Tack Park, Countryside Sports Complex, Joe DiMaggio Sports Complex as well
as E.C. Moore Complex. At the E.C. Moore Complex, Fields 1 - 4, have been in operation for over 30
years and are in need of a new main press box/concession/restroom building. While some improvements
have been made at Joe DiMaggio there is a need to complete the complex by providing two additional
improved fields as well as parking. In addition to these renovations, new facilities for north Clearwater
(four to six new multipurpose fields and other amenities) are needed if the city continues to accommodate
the needs of north County residents. Safety Harbor residents as well as north County residents would use
the new facilities, since both Pinellas County and Safety Harbor would partner with the City in these
developments.
PRELIMINARY ESTIMATE: $5,000,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
This project supports the City’s mission “to facilitate development of the economy” through the following
objectives:
Diversify the Economic Base
o Maintain tourism commitment, including Sports Tourism
Page | 12
Recreation Trails
BACKGROUND: Over the past 35 years the City has been a part of developing an off road trail
system not only in its parks but also, connecting parks with neighborhoods and providing a means for
alternate transportation options for its residents. The Pinellas Trail provides a North South Trail from
St. Pete to Tarpon Springs on the western side of the county and the Duke Energy trail when completed
will provide a similar trail on the eastern side of the county. Where possible the city attempts to connect
local trails from east to west to connect to these two major north south trails. The Ream Wilson Trail is
complete from the Long Center on Belcher Road to the Courtney Campbell Trail on SR 60. Soon the
trail will be completed from the Duke Energy trail to Glen Oaks Park where it will meet the western
portion of the trail already constructed to Clearwater Beach. With funds from Penny III the city
completed projects including the Mandalay Channel Pedestrian Bridge, Memorial Causeway Trail, Turner
Street, Druid Road Trail, Bayshore Trail South while FDOT completed the Courtney Campbell Parkway
Trail.
SCOPE: This project will provide for the completion of several small connector trails and its amenities.
Attention is given to planning trails that will connect neighborhoods with trails, such as the East West
Trail, Duke Energy Trail and Pinellas Trail. There are several trails, and trail amenities that are proposed
by this project. Some of the trails being proposed are the, Ed Wright/Ross Norton trail connection to
Pinellas Trail, and the Morningside Recreation Complex & McMullen Tennis Complex connection to the
Duke Energy Trail. In addition a trail connection is proposed to connect the 40 acre Lake Chautauqua
Park and Equestrian Park to Soule Road Park and Lake Chautauqua South Park. Completing this trail
will allow residents from south Clearwater to access Lake Chautauqua Park without having to enter the
park from Landmark Drive. Trail amenities include benches, water, trail signs, air and repair stations.
PRELIMINARY ESTIMATE: $2,500,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost
effective municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
This project supports the City’s mission “to facilitate development of the economy” through the following
objectives:
Foster Community Engagement
o Support healthy community initiatives
Page | 13
Henry L. McMullen Tennis Complex Expansion
BACKGROUND: The Henry L. McMullen Tennis Complex was built in 1977 and included 17 hard
courts one of which was a tournament court. Over the years, the Complex has undergone several
cosmetic and maintenance changes including converting 8 hard courts to clay courts, resurfacing hard
courts at least four times, providing on court shade structures, landscaping, spectator areas, and
remodeling the restrooms and office areas. McMullen has a reputation as one of the premier public tennis
facilities in the State of Florida. In order to maintain this status, and meet the needs of the public as well
as generate top collegiate, USTA, high school and professional tournaments to Clearwater, the facility
needs to be updated and expanded.
SCOPE: This project will provide for the expansion of the Complex with the construction of a new two
tiered club house to accommodate the needs of the tournaments as well as local residents that use the
facility. The current club house is very small and inadequate to meet the needs of the patrons and
programs conducted at the Complex. The new facility will have locker rooms, entrance lobby, offices,
rest rooms, observation decks, retail space, meeting room and programming areas. Other improvements
will include the installation of improved parking as well as 4 to 6 new soft courts with tennis amenities
(i.e. bleachers, shade structures, water fountains, landscaping and lighting).
PRELIMINARY ESTIMATE: $2,000,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost
effective municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
This project supports the City’s mission “to facilitate development of the economy” through the following
objectives:
Diversify the Economic Base
o Maintain tourism commitment, including Sports Tourism
Page | 14
Environmental Park Improvements
BACKGROUND: The City has purchased several properties that have for the most part been left in
their natural state and thus referred to as environmental parks. They include parks such as; Lake
Chautauqua Park and Equestrian Trails, Moccasin Lake Park, Cypress Bend Park, Cliff Stephens Park,
Kapok Park, Coopers Bayou Park, Coopers Point Park. Development in these parks primarily consists
of trails, boardwalks, parking facilities, and a few park amenities (i.e. water fountains, benches, etc). The
main exception to this is Moccasin Lake Park which has been developed over the years to become an
environmental education and nature park with classrooms, rest rooms, picnic shelters, birds of prey, and
exhibit area.
SCOPE: One of the most important parts of the Park and Recreation Master Plan is the maintenance
and renovation of existing parks, whether they are neighborhood, community, special facilities or
resource-based parks. This project will provide improvements to Moccasin Lake Park, Coopers Bayou
Park and Coopers Point Park. At Moccasin Lake Park there will be a need to make interpretive trail
signs and as well as provide a much improved children’s natural outdoor learning center. At Coopers
Bayou Park; public access, improved parking and canoe/kayak launch area, a trail system, and an
observation tower is being recommended. Staff will apply for various local, state and federal grant
funds to assist in the completion of these projects.
PRELIMINARY ESTIMATE: $1,500,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost
effective municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 15
Beach Marina Upgrades
BACKGROUND: The Beach Marina Building is located at 45 Causeway Boulevard. Marine &
Aviation’s (M&A) offices are located in a portion of this building and the remainder is leased out for
private use. The building has been significantly updated under a partnership with a restaurant owner
leasing the 2nd floor, roof and portions of the 1st floor. The private investment required to renovate the
building is approximately $2.5 million. Renovations included the new restaurant and upgrades to the
remainder of the building as well, bringing the building up to current code.
The Beach Marina Docks both Commercial and Recreational were constructed in the early 1950’s and
rebuilt once in the early 1980’s. They are fixed narrow wooden docks with narrow slips well beyond their
useful service life for wood and no longer “fit” today’s wider current design vessels of any length. In
2005 a study was done estimating replacing the docks with floating docks at a cost of over $8 Million.
Current updated review along with rebuilding the entire perimeter seawall now projects the cost to be
approximately $12 Million dollars to rebuild the marina with a mix of floating and fixed docks and new
seawall.
The walkway behind the marina building along the boat slips is in need of improvements. The walkway
is not aesthetically consistent with the walkway along Coronado Drive. This will be a significant project
as various utility lines, in need of upgrades, are located under the concrete surface. The existing utilities
primarily provide service to the private boat slips under lease with the Marina. Improvements to these
facility lines should be done concurrently with the walkway improvement project. The study also
identified an immediate need to replace the undersized power feed to the western main docks along with
the downstream distribution panel.
SCOPE: This project provides for the replacement of television/internet digital cable, fiber optic,
potable water, fire suppression water, telephone, electric power service lines and the sidewalk at the
Beach Marina. To upgrade and consolidate the lines, a utility trench will be installed that will provide for
the lines to be organized and that will provide for future access if repairs are needed. Three spare conduits
would be installed to provide for future expansion. During the construction it is anticipated that the
telephone service would be simplified and upgraded. At the same time of the utility upgrades the
electrical power supply for the west marina would be upgraded. Additionally this project would include
replacement of the entire Beach Marina seawall and approximately 180 boat slips with a mix of fixed and
floating docks to have an up to date, up to code Marina with ample power and adjustable slip sizes to
accommodate today’s newer wider vessels with large power demands for all onboard amenities.
PRELIMINARY ESTIMATE: $15,000,000 (Penny for Pinellas)
Page | 16
Beach Marina Upgrades (continued)
STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of
the economy” through the following objectives:
Diversify the Economic Base
o Fulfill Beach by Design
o Maintain tourism commitment
This project supports the City’s mission “to provide cost effective municipal services and infrastructure”
through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 17
Public Works Complex
BACKGROUND: The Public Works Complex (PWC) is a 16-acre site shared by Public Utilities,
Stormwater Maintenance, Traffic Operations and Streets & Sidewalks. Several buildings comprise
70,547 square feet (SF) of total building area, 10,481 SF of covered storage, and 21,000 SF of material
bins. The existing buildings at the PWC are not hurricane safe and will reach the end of their useful life
within the planning timeframe. Following a hurricane, the City’s top priorities with respect to disaster
recovery include restoring traffic, stormwater and public utilities infrastructures. All of these City
functions are based out of the PWC. With current building conditions, a direct hit from any strength
hurricane may destroy these buildings rendering these City services incapacitated.
City staff has completed an in-depth analysis aimed at developing a master plan for redevelopment of the
entire complex. Various stakeholders were consulted during the development of a conceptual master plan
for the PWC including directors and managers of the PWC’s user groups. The resulting recommendation
is a multi-phased master plan for redevelopment of the City’s PWC.
SCOPE: This project provides for the redevelopment of the City's Public Works Complex (PWC)
located at 1650 North Arcturas Avenue. Facilities within the complex are dated and are not expected to
withstand hurricane force winds. The PWC will play a critical role in disaster recovery efforts on behalf
of Clearwater citizens. A master plan for redevelopment of PWC includes demolition of nearly all
existing buildings and new construction of hardened structures to accommodate the following Divisions:
Utilities, Stormwater, Street and Sidewalks, Traffic, Urban Forestry, Survey and storage for Information
Technology. The project contains five phases beginning in fiscal year 2016. In fiscal year 2016, a
consultant will complete a master plan which will include the ideal site plan, cost estimates and the ideal
phasing schedule.
PRELIMINARY ESTIMATE: $12,300,000 (Penny for Pinellas)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Efficiency
o Optimize use of employees, assets, and resources
o Encourage teamwork across departments to ensure focus on
Strategic Direction
Quality
o Proactively maintain and reinvest in our infrastructure
Safety
o Ensure timely emergency preparation, response and recovery
Page | 18
City Hall
BACKGROUND: The current city hall, located at 112 South Osceola Avenue, is an aging building
on the bluff overlooking Clearwater Harbor. The building is more than 60 years old and inefficient in
terms of building systems and insufficient in terms of modern meeting space. A replacement city hall was
originally reflected within the Penny III projects, but the funding was redirected during the levy to more
immediate needs.
The Imagine Clearwater Master Plan for the bluff and waterfront identifies the city hall site as one of
three priority parcels that should serve as a catalyst site for connecting downtown with the waterfront and
the open spaces between the bluff and the Harbor.
SCOPE: City staff has identified several options in the downtown for relocation and construction of a
new city hall. The alternatives differ in terms of scope and cost, but preliminary estimates have assumed
an amount of office space comparable to that currently available at city hall (18,000 square feet). The
most significant need represented by a new city hall is public assembly space for city council and board
meetings. The proposed cost of $6,300,000 covers constructing a replacement facility, not any potential
associated improvements, such as a parking garage. A separate Penny IV proposal is provided for a
downtown parking facility that could be built with or without city hall.
The Imagine Clearwater Master Plan reflects reuse of the city hall site as a Phase II consideration within
5-10 years. With the proposed Penny IV levy covering the 2020 to 2030 period, a city hall project within
the 2022 to 2027 window is consistent with the master plan timing for redevelopment of the city hall bluff
property. However, with or without redevelopment of city hall property related to the master plan, a
decision will have to be made within the Penny IV levy timeframe regarding city hall structural
challenges and building systems, which will have exceeded useful life.
PRELIMINARY ESTIMATE: $6,300,000
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Page | 19
Downtown Parking
BACKGROUND: The City has established a priority to activate the bluff waterfront and to increase
commercial, cultural and pedestrian activity in downtown. Success of that initiative will depend in part
upon increased parking to support growth in demand. In addition to general public parking there will be a
need for parking for a new city hall and likely employee parking for others, such as Pinellas County.
SCOPE: During the proposed Clearwater Marine Aquarium proposal for the city hall property, staff
completed a review of potential sites for another structured parking facility in downtown. The preferred
location that was identified in that process was the PSTA Park Street Terminal property and the adjacent
surface parking lot owned by Pinellas County on the northeast corner of Pierce Street and Fort Harrison
Avenue. If the location is secured to construct a combined city hall with structured parking, the project
might also provide rental or retail space.
Should the Imagine Clearwater Master Plan Phase I move forward as recommended, it is possible the
demand for additional downtown parking may precede start of the Penny IV levy (if approved by voters)
and may dictate an advanced schedule. If that occurs, it is possible that construction of a new city hall
might also need to be advanced or separated from the parking project.
PRELIMINARY ESTIMATE: $10,500,000
STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of
the economy” through the following objectives:
Diversify the Economic Base
o Develop Downtown and US 19
Increase Economic Opportunity
o Maintain a business friendly environment
Page | 20
Sand Key Bridge Replacement Fund
BACKGROUND: The Sand Key Bridge was built in 1995, with an expected lifespan of 50 years,
city staff anticipates full replacement will be necessary in 2045. The current replacement value of the
bridge is $41,400,000. Assuming 3% cost increases annually, the approximate cost of replacing the
bridge in 2045 will be $95,000,000.
SCOPE: A set-aside of $3,000,000 annually will accumulate to approximately $87,000,000 over 29
years.
PRELIMINARY ESTIMATE: $30,000,000 (Penny for Pinellas - fiscal years 20-30)
STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective
municipal services and infrastructure” through the following objectives:
Quality
o Proactively maintain and reinvest in our infrastructure
Penny for Pinellas - Proposed Funding for Penny IV
Penny IV
Proposed Total
Projects 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected
Beginning Balance:(887,168) (857,689) 1,239,777 83,180 1,710,667 150,592 5,561,515 912,211 3,921,675 3,229,125
8,272,832 12,719,479 13,037,466 13,363,403 13,697,488 14,039,925 14,390,923 14,750,696 15,119,464 15,497,450 5,289,667 140,178,792
8,272,832 11,832,311 12,179,777 14,603,180 13,780,667 15,750,592 14,541,515 20,312,211 16,031,675 19,419,125 8,518,792 140,178,792
Utilities Infrastructure 20,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 20,000,000
Major League Baseball Facilities 7,500,000 2,500,000 5,000,000 7,500,000
Second Century Projects 8,000,000 4,000,000 4,000,000 8,000,000
Fire Engines/Ladder Trucks 8,560,000 660,000 1,590,000 690,000 1,720,000 720,000 750,000 780,000 810,000 840,000 8,560,000
Police Vehicles 1,750,000 100,000 100,000 150,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,750,000
Police District III (Countryside Sub Station)5,500,000 5,500,000 5,500,000
Neighborhood and Community Parks Renovations 3,500,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 350,000 350,000 3,500,000
Youth Sports Fields Renovations 5,000,000 500,000 500,000 600,000 600,000 700,000 700,000 700,000 700,000 5,000,000
Recreation Trails 2,500,000 1,250,000 1,250,000 2,500,000
McMullen Tennis Complex Expansion 2,000,000 1,000,000 1,000,000 2,000,000
Environmental Park Upgrades 1,500,000 750,000 750,000 1,500,000
Beach Marina Upgrades 15,000,000 7,500,000 7,500,000 15,000,000
Public Works Complex 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000
City Hall 6,300,000 6,300,000 6,300,000
Downtown Parking Garage 10,500,000 5,000,000 5,500,000 10,500,000
Sand Key Bridge Replacement Fund 30,000,000 8,000,000 8,000,000 7,000,000 7,000,000 30,000,000
Total Proposed Penny IV Projects 139,910,000
139,910,000 9,160,000 12,690,000 10,940,000 14,520,000 12,070,000 15,600,000 8,980,000 19,400,000 12,110,000 16,190,000 8,250,000 139,910,000
(887,168)(857,689)1,239,777 83,180 1,710,667 150,592 5,561,515 912,211 3,921,675 3,229,125 268,792 268,792
Replacement/Upgrade of Current Infrastructure 4,500,000 7,000,000 3,400,000 11,400,000 11,150,000 14,650,000 3,000,000 13,700,000 11,100,000 15,150,000 8,050,000 103,100,000
Public Safety Infrastructure/Equipment 660,000 1,690,000 6,290,000 1,870,000 920,000 950,000 980,000 200,000 1,010,000 1,040,000 200,000 15,810,000
New Infrastructure 4,000,000 4,000,000 1,250,000 1,250,000 - - 5,000,000 5,500,000 - - - 21,000,000
Estimated Available Balance
***DRAFT***Fiscal Years 2019/20 - 2029/30
Estimated Penny IV Proceeds
Estimated Revenue
Planned Project Expenditures
Pinellas County - Key Penny Project Dates
December 6, 2016 – Board of County Commissioners (BCC) discussion of set asides, priorities
and guiding principles.
January 2017 – Public outreach for project ideas to citizens, partners and County
departments/Begin interlocal agreement discussion with municipalities.
February/March 2017 – BCC workshop on submitted project ideas.
April 2017 – BCC vote on signature Penny projects, municipalities submit signature projects.
Spring-Fall 2017 – Public outreach on proposed projects.
August 2017 – BCC approves ballot language.
November 7, 2017 – Referendum on Penny renewal.
97.42%151
2.58%4
Q1 Are you a Pinellas County resident?
Answered: 155 Skipped: 0
Total 155
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Yes
No
1 / 23
Penny for Pinellas Priorities & Attitudes Survey
82.58%128
17.42%27
Q2 Are you a Clearwater resident?
Answered: 155 Skipped: 0
Total 155
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Yes
No
2 / 23
Penny for Pinellas Priorities & Attitudes Survey
18.71%29
13.55%21
52.90%82
14.84%23
Q3 How long have you lived in Clearwater?
Answered: 155 Skipped: 0
Total 155
0 to 5 years
5 to 10 years
More than 10
years
I don't live
in Clearwater
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
0 to 5 years
5 to 10 years
More than 10 years
I don't live in Clearwater
3 / 23
Penny for Pinellas Priorities & Attitudes Survey
58.71%91
38.06%59
1.94%3
1.29%2
Q4 How familiar are you with the Penny for
Pinellas sales tax?
Answered: 155 Skipped: 0
Total 155
I know all
about it,...
I know some,
but I don't...
I've heard of
it, but I do...
I've never
heard of Pen...
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
I know all about it, including Penny projects.
I know some, but I don't know of any Penny projects.
I've heard of it, but I don't know what it is.
I've never heard of Penny for Pinellas.
4 / 23
Penny for Pinellas Priorities & Attitudes Survey
57.42%89
9.03%14
4.52%7
29.03%45
Q5 If you voted for the last Penny for
Pinellas extension in March 2007, did you
vote for or against it?
Answered: 155 Skipped: 0
Total 155
I voted "yes"
- for it.
I voted "no" -
against it.
I voted, but I
can't rememb...
I did not vote
in that...
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
I voted "yes" - for it.
I voted "no" - against it.
I voted, but I can't remember whether I voted "yes" or "no."
I did not vote in that election.
5 / 23
Penny for Pinellas Priorities & Attitudes Survey
58.71%91
41.29%64
Q6 Do you know of any city of Clearwater
projects that have been paid for with Penny
for Pinellas funding? If so, please list them.
Answered: 155 Skipped: 0
Total 155
#Name(s) of Clearwater's Penny for Pinellas projects that you know about Date
1 I have visited the web page and reviewed at least 50% of the projects.1/26/2017 11:51 AM
2 roadway enhancement, art works (?)1/25/2017 2:49 PM
3 Memorial Causeway Bridge, Sand Key Underground Utilities, Beach Walk 1/25/2017 10:12 AM
4 NG Rec Center, Norton Rec Center, Morningside Rec Center, Countryside Library 1/23/2017 2:06 PM
5 beachwalk, fire stations 1/23/2017 8:41 AM
6 Housing project, sherriff's office, Pinellas trail 1/19/2017 11:27 AM
7 Trails, better sewage systems, lane extensions, and many more projects 1/19/2017 11:16 AM
8 storm water 1/19/2017 11:05 AM
9 Beach Marina upgrades 1/18/2017 6:48 PM
10 US 19 1/18/2017 6:40 AM
11 Bright house field, coutryside sportsplex, long center, Eddie c Moore complexes, beach walk 1/17/2017 11:09 PM
12 Greenwood Rec., Long Ctr.,Morningside Rec., Police Bch., Main Library, SR 60 landscaping., various fire station
uprades., Ruth Eckerc, Countryside projects & many many more.
1/17/2017 7:03 PM
13 New library, Pinellas trail 1/16/2017 3:41 PM
14 Clearwater Public Library's new Countryside branch and the Pinellas Trail 1/16/2017 1:24 PM
15 bayside bridge 1/16/2017 9:03 AM
16 Fire departments, vehicles, memorial causeway bridge, Pinellas trail 1/14/2017 10:29 PM
17 Countryside library center 1/14/2017 11:47 AM
18 bayside bridge 1/14/2017 12:50 AM
19 Clearwater Memorial Bridge, Court St County Parking Facility, Clearwater Main Library 1/13/2017 11:08 PM
20 Countryside Library, Firestations, Memorial Bridge, Beach WAlk, Stormwater,1/13/2017 3:27 PM
21 Bridges, sidewalks.1/13/2017 3:18 PM
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Yes
No
6 / 23
Penny for Pinellas Priorities & Attitudes Survey
22 Library 1/13/2017 3:07 PM
23 fire/ police resources, bridges/roads 1/13/2017 2:08 PM
24 Road and park improvements 1/13/2017 11:56 AM
25 bridge to Clearwater Beach 1/13/2017 10:52 AM
26 housing, pinellas trail, bayside bridge 1/13/2017 10:30 AM
27 Clearwater library, memorial causeway bridge,bayside bridge,etc 1/13/2017 10:03 AM
28 Countryside Library 1/13/2017 7:18 AM
29 Memorial Causeway bridge, low income housing, etc.1/13/2017 6:39 AM
30 Countryside branch library and the soon to be morningside recreation center 1/13/2017 12:43 AM
31 Countryside library and rec center.1/12/2017 11:12 PM
32 Keene Road 1/12/2017 6:54 PM
33 Beach Walk, Causeway bridge 1/12/2017 4:18 PM
34 Countryside Library 1/12/2017 3:00 PM
35 Countryside library 1/12/2017 10:50 AM
36 Roads 1/12/2017 8:23 AM
37 beach walk, memorial bridge 1/12/2017 2:13 AM
38 Beach walk....memorial causeway bridge.....sidewalks 1/11/2017 9:16 PM
39 library, waterfront, parlk 1/11/2017 8:28 PM
40 road improvements, police and fire vehicles, sidewalks, bridge improvements 1/11/2017 8:06 PM
41 The roads, us19, others I can't remember.1/11/2017 6:53 PM
42 Roads, us 19 overpass 1/11/2017 5:48 PM
43 recreation centers and parks 1/11/2017 3:30 PM
44 Some highway or road projects.1/11/2017 3:00 PM
45 I believe the bridge was built with some of the funds, the beautification projects in downtown Clearwater 1/11/2017 2:28 PM
46 The Memorial Causeway bridge. New Main Library. Reconstrution of railroad aproaches.1/11/2017 12:14 PM
47 memorial causway, street repairs,1/11/2017 12:05 PM
48 Countryside and East Library renovations 1/11/2017 11:57 AM
49 City vehicles, fire station, MSB building, beach walk.1/11/2017 10:05 AM
50 Countryside Library 1/11/2017 9:34 AM
51 causeway bridge, new libraries, rec center, fire stations, ruth eckerd/capitol theater among others 1/11/2017 9:29 AM
52 This is an unfair question, as a voter, I can't pretend to know every detail of this sales tax. I can say however that
Penny for Pinellas helps fund neighborhood and citywide infrastructure improvements, public safety, helping purchase
vehicles and apparatus for Clearwater's police and fire departments. Beach Walk, four fire stations, the Memorial
Causeway Bridge, the Bayside Bridge and more have also been funded by Penny for Pinellas dollars.
1/11/2017 8:24 AM
53 Libraries, Memorial Causeway Bridge, Bayside Bridge, rec centers 1/11/2017 8:22 AM
54 Greenwood, Ross Norton, Ruth Eckard, Main Library, road improvements, drainage 1/11/2017 8:18 AM
55 Bridge 1/11/2017 8:07 AM
56 Future Morningside Rec Center, Countryside Library, New Fire Stations, etc.1/10/2017 9:32 PM
57 The round abouts installations 1/10/2017 8:57 PM
58 Trail 1/10/2017 8:50 PM
59 Road and bridge improvements; parks improvements; transportation improvements; fire station improvements 1/10/2017 8:43 PM
60 Roadway 1/10/2017 8:15 PM
61 Pinellas trail, parks and firehouses 1/10/2017 7:22 PM
62 memorial bridge, beach walk 1/10/2017 7:09 PM
63 Memorial Causeway Bridge, Beach Walk and underground utilities on gulf blvd sand key belleiair beach.1/10/2017 6:50 PM
7 / 23
Penny for Pinellas Priorities & Attitudes Survey
64 Memorial Causeway bridge. sidewalks at the beach 1/10/2017 6:38 PM
65 Pinellas Trail, Clearwater Bridge, Dunedin Community Center, Animal services, ect 1/10/2017 5:54 PM
66 Sidewalks and walkways 1/10/2017 5:09 PM
67 police and fire vehicles, memorial causeway, bayside bridge, beachwalk and other things 1/10/2017 4:34 PM
68 Countryside library 1/10/2017 4:12 PM
69 fire stations, bayside bridge, beach walk - lots of smaller things 1/10/2017 4:00 PM
70 Beach Walk, bridges, courts and jail facilities 1/10/2017 3:18 PM
71 Clearwater Memorial Causeway Bridge; Clearwater Main Library; Transportation improvements on US 19 1/10/2017 3:02 PM
72 The Library 1/10/2017 2:57 PM
73 Youth sports fields & countryside recreaction 1/10/2017 2:55 PM
74 memorial causeway, bayside bridge, park projects, pinellas trail 1/10/2017 2:52 PM
75 Countryside library 1/10/2017 2:47 PM
76 Clearwater beachwalk, Countryside libary 1/10/2017 2:41 PM
77 bicycle trails, park improvements, some road improvements, etc 1/10/2017 2:40 PM
8 / 23
Penny for Pinellas Priorities & Attitudes Survey
32.26%50
16.13%25
14.84%23
7.10%11
3.23%5
26.45%41
Q7 What is your level of satisfaction with
projects in Clearwater that have been paid
for with Penny funds?
Answered: 155 Skipped: 0
Total 155
Very satisfied
Somewhat
satisfied
Satisfied
Not too
satisfied
Not at all
satisfied
I don't know
enough about...
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Very satisfied
Somewhat satisfied
Satisfied
Not too satisfied
Not at all satisfied
I don't know enough about it.
9 / 23
Penny for Pinellas Priorities & Attitudes Survey
8.39%13
1.94%3
3.87%6
7.74%12
10.97%17
21.29%33
6.45%10
3.87%6
1.29%2
Q8 Of the following proposed Clearwater
Penny IV projects, which one is the most
important to you? (choose only one)
Answered: 155 Skipped: 0
Beach Marina
Upgrades
Spectrum Field
(formerly...
A New City Hall
A New Downtown
Parking Garage
Fire
Engines/Rescues
Neighborhood
Parks...
Police
District III...
Police Vehicles
Public Works
Complex
Sand Key
Bridge...
Utilities
Infrastructure
Youth Sports
Fields...
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Beach Marina Upgrades
Spectrum Field (formerly Bright House Field) Renovations
A New City Hall
A New Downtown Parking Garage
Fire Engines/Rescues
Neighborhood Parks Renovations
Police District III Sub Station (Countryside)
Police Vehicles
Public Works Complex
10 / 23
Penny for Pinellas Priorities & Attitudes Survey
3.23%5
26.45%41
4.52%7
Total 155
Sand Key Bridge Replacement Fund
Utilities Infrastructure
Youth Sports Fields Renovations
11 / 23
Penny for Pinellas Priorities & Attitudes Survey
Q9 For the following proposed Clearwater
Penny IV projects, please rank them in
order of most important to least important.
(Select "1" for most important and "12" for
least important.)
Answered: 155 Skipped: 0
9.68%
15
9.68%
15
6.45%
10
6.45%
10
6.45%
10
5.16%
8
9.68%
15
6.45%
10
10.97%
17
4.52%
7
10.97%
17
13.55%
21
155
6.16
2.58%
4
3.23%
5
3.23%
5
5.81%
9
4.52%
7
4.52%
7
4.52%
7
7.74%
12
5.16%
8
15.48%
24
19.35%
30
23.87%
37
155
4.14
5.16%
8
3.23%
5
5.16%
8
5.16%
8
4.52%
7
3.87%
6
4.52%
7
10.32%
16
7.10%
11
11.61%
18
15.48%
24
23.87%
37
155
4.55
7.10%
11
10.32%
16
4.52%
7
13.55%
21
7.74%
12
7.74%
12
8.39%
13
4.52%
7
12.26%
19
6.45%
10
10.32%
16
7.10%
11
155
6.51
Beach Marina
Upgrades
Spectrum Field
(formerly...
A New City Hall
A New Downtown
Parking Garage
Fire
Engines/Resc...
Neighborhood
Parks...
Police
District III...
Police Vehicles
Public Works
Complex
Sand Key
Bridge...
Utilities
Infrastructure
Youth Sports
Fields...
0 1 2 3 4 5 6 7 8 9 10
1 2 3 4 5 6 7 8 9 10 11 12 Total Score
Beach Marina
Upgrades
Spectrum Field
(formerly Bright
House Field)
Renovations
A New City Hall
A New
Downtown
Parking Garage
12 / 23
Penny for Pinellas Priorities & Attitudes Survey
11.61%
18
14.19%
22
14.84%
23
11.61%
18
11.61%
18
8.39%
13
5.81%
9
11.61%
18
4.52%
7
3.23%
5
1.94%
3
0.65%
1
155
8.25
21.29%
33
12.90%
20
12.26%
19
7.74%
12
9.03%
14
12.26%
19
5.81%
9
3.87%
6
5.81%
9
5.16%
8
3.87%
6
0.00%
0
155
8.48
4.52%
7
5.16%
8
8.39%
13
11.61%
18
9.68%
15
8.39%
13
9.68%
15
8.39%
13
9.68%
15
10.32%
16
9.03%
14
5.16%
8
155
6.28
4.52%
7
10.97%
17
12.90%
20
10.97%
17
10.97%
17
9.68%
15
10.97%
17
11.61%
18
4.52%
7
6.45%
10
2.58%
4
3.87%
6
155
7.28
1.29%
2
7.74%
12
5.16%
8
5.81%
9
11.61%
18
7.74%
12
12.90%
20
12.90%
20
12.90%
20
14.84%
23
4.52%
7
2.58%
4
155
6.01
3.87%
6
5.81%
9
5.16%
8
7.10%
11
7.74%
12
11.61%
18
8.39%
13
12.90%
20
9.68%
15
10.32%
16
7.74%
12
9.68%
15
155
5.79
23.87%
37
9.03%
14
14.84%
23
10.32%
16
7.10%
11
7.74%
12
7.10%
11
3.87%
6
5.81%
9
3.87%
6
3.23%
5
3.23%
5
155
8.45
4.52%
7
7.74%
12
7.10%
11
3.87%
6
9.03%
14
12.90%
20
12.26%
19
5.81%
9
11.61%
18
7.74%
12
10.97%
17
6.45%
10
155
6.08
Fire
Engines/Rescue
Vehicles
Neighborhood
Parks
Renovations
Police District III
Sub Station
(Countryside)
Police Vehicles
Public Works
Complex
Sand Key
Bridge
Replacement
Fund
Utilities
Infrastructure
Youth Sports
Fields
Renovations
13 / 23
Penny for Pinellas Priorities & Attitudes Survey
72.90%113
17.42%27
9.68%15
Q10 If you were voting today, would you
vote to extend the Penny for Pinellas sales
tax for 10 more years?
Answered: 155 Skipped: 0
Total 155
Yes
No
Not sure
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Yes
No
Not sure
14 / 23
Penny for Pinellas Priorities & Attitudes Survey
Q11 If you were voting today and would
vote "no"/against the fourth extension of
Penny for Pinellas, please tell us why you
would vote against it.
Answered: 32 Skipped: 123
#Responses Date
1 The proposed projects are off-target and not focused on tax-income generation. Clearwater lives or dies by the beach.
Traffic/parking crisis is being shrugged off by the city. Traffic congestion on causeway Rt. 60 stops mobility and sales
in west Clearwater (not just tourism). Scientology will forever kill downtown sales so minimize attempts to make it a
destination.
1/26/2017 11:51 AM
2 Failure to upgrade Druid Road to 3 lanes.1/23/2017 11:04 PM
3 taxes simply too high regardless of form 1/19/2017 11:05 AM
4 10 yrs is a long time to lock into it 1/18/2017 2:54 PM
5 Wrong priority 1/15/2017 11:44 PM
6 Municipalities are using penny monies as a slush fund.1/13/2017 11:08 PM
7 Enough of the extra tax. The City of Clearwater has little or no direction, with the problem of Clearwater Beach/Sand
Key paramount. My wife and I have NOT BEEN TO Clearwater Beach in YEARS because there is no goddamn place
to park. "Beach by Design was the words joke put out in years. Downtown Clearwater is a Ghost Town compared to
Downtown Dunedin. There is where we go. I am considering a run for public office in this City.
1/13/2017 5:09 PM
8 I want to have Druid Road widened. Years ago it was in the plan but "Roberto" took the money for the beach round-
about
1/13/2017 11:01 AM
9 It's just another tax! How about cutting back on many frivolous items: welfare, etc. and use the current taxes collected
to make capital improvements.
1/13/2017 10:52 AM
10 Your project list appears to be a manufactured list of things to do! It appears you have run out of important projects
and want to tackle nice to have items
1/13/2017 10:03 AM
11 I do not see enough benefit to keep paying more taxes.1/12/2017 11:12 PM
12 Any project in which Kevin Dunbar is involved, parks dept needs proper Engineering review and stop continued
shortcuts. City Council does not have a master plan that is inclusive and focuses on upgrading existing infrastructure.
Focus on transportation and ultilities
1/12/2017 6:54 PM
13 You have very high property tax. That needs to be used, from the schools allotment.1/12/2017 10:50 AM
14 Already taxed to death living here. Costs are outrageous here. Everything is priced higher here than other States.
Why? Your in the sunshine State.
1/12/2017 9:17 AM
15 Most of the revenue collected through taxes is squandered by corrupt politicians. I would seek private investment
instead.
1/11/2017 9:10 PM
16 Because I don't value the things that it is spent on, with the exception of road maintenance and storm drains. We do
not need a new city hall, nor do we need renovations to Brighthouse field, nor do we need any money spent on Law
Enforcement. We should have the neighborhood "traffic calming" taken out in the neighborhoods and downtown. The
roundabout on Clearwater Beach is the most terrifying, accident-causing traffic item ever! Why was the workable traffic
system replaced with unworkable traffic systems?
1/11/2017 3:00 PM
17 It's another tax 1/11/2017 2:46 PM
18 10 years is too long. I would vote for 5 years.1/11/2017 12:05 PM
19 Wasted too much money 1/11/2017 10:34 AM
20 I like the projects that this program has supported so far and also like that tourists end up paying for the majority of the
tax.
1/11/2017 10:05 AM
21 The money is wasted and abused.1/11/2017 9:41 AM
22 You have absolutely destroyed the beach that I was a lifeguard at in the 1970s. It's no longer a place desirable for city
residents. We get no perks, no parking preference, overloaded by tourists etc. We have a water shortage, you can't
handle waste during flooding and you want to build more hotels and condos to strangle the rest of us. Put in
underground utilities, fix cracked streets, fix sewers and figure out a way to capture water from rains so it can be used
after cleaning. Plus the Church of Scientology has destroyed the once quaint downtown.
1/10/2017 8:50 PM
15 / 23
Penny for Pinellas Priorities & Attitudes Survey
23 Given the taxes we pay today, I would expect many of the projects covered by P4P to be handled by the existing tax
base. Where is all that tax money going? Maybe the current allocations should be reconsidered.
1/10/2017 8:43 PM
24 We, Clearwater residents have been waiting for Clearwater to START the Coachman Park project for years! That is
more important than any of the above. Lets really start some action. If this would have been a Church of Scientology
project, he would have been done years ago. The city is so....dang slow. Get it moving !
1/10/2017 8:33 PM
25 No 1/10/2017 8:15 PM
26 All the projects seem to be on the beach or geared for tourists and not the locals...widen Sunset Point Road as new
access way to Clearwater...maybe downtown would redevelop if you could get there and avoid the traffic congestion
to the beach. Like Dunedin with the widening of 580 years ago and moving it away from down town
1/10/2017 6:50 PM
27 this is just an extension of what we already have? i'l vote to keep it going i suppose.. i dont know the exact details of
this.. what is taxed is not specified...
1/10/2017 5:07 PM
28 money that goes to police and fire and unnecessary buildings which should be included in tax money but is carved out
or disguised as P for P.
1/10/2017 4:34 PM
29 I can't afford it.1/10/2017 3:08 PM
30 n/a 1/10/2017 2:57 PM
31 Traffic congestion to Clearwater Beach, parking issues at the beach are not addressed, a lot of talk and no action. This
is and will have a negative impact on tourism, this is not even an option on proposed projects
1/10/2017 2:51 PM
32 Blab blah blah 1/10/2017 2:47 PM
16 / 23
Penny for Pinellas Priorities & Attitudes Survey
48.70%75
45.45%70
5.84%9
Q12 Please tell us about yourself.
Answered: 154 Skipped: 1
Total 154
Female
Male
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Female
Male
Prefer not to answer
17 / 23
Penny for Pinellas Priorities & Attitudes Survey
0.00%0
0.66%1
9.21%14
12.50%19
13.82%21
26.97%41
25.00%38
5.26%8
6.58%10
Q13 What is your age?
Answered: 152 Skipped: 3
Total 152
Under 18 years
old
18-24 years old
25-34 years old
35-44 years old
45-54 years old
55-64 years old
65-74 years old
75 years or
older
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Under 18 years old
18-24 years old
25-34 years old
35-44 years old
45-54 years old
55-64 years old
65-74 years old
75 years or older
Prefer not to answer
18 / 23
Penny for Pinellas Priorities & Attitudes Survey
0.66%1
0.66%1
1.32%2
3.95%6
85.53%130
11.18%17
0.66%1
Q14 What is your ethnicity? (Please select
all that apply.)
Answered: 152 Skipped: 3
Total Respondents: 152
#Other (please specify)Date
1 Please stop asking this pointless question 1/12/2017 11:12 PM
American
Indian or...
Asian or
Pacific...
Black or
African...
Hispanic or
Latino
White /
Caucasian
Prefer not to
answer
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
American Indian or Alaskan Native
Asian or Pacific Islander
Black or African American
Hispanic or Latino
White / Caucasian
Prefer not to answer
Other (please specify)
19 / 23
Penny for Pinellas Priorities & Attitudes Survey
59.21%90
2.63%4
9.21%14
0.66%1
0.66%1
5.92%9
11.84%18
9.87%15
Q15 Which of the following best describes
your current marital status?
Answered: 152 Skipped: 3
Total 152
Married
Widowed
Divorced
Separated
In a domestic
partnership ...
Single, but
cohabiting w...
Single, never
married
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Married
Widowed
Divorced
Separated
In a domestic partnership or civil union
Single, but cohabiting with a significant other
Single, never married
Prefer not to answer
20 / 23
Penny for Pinellas Priorities & Attitudes Survey
0.00%0
5.84%9
17.53%27
5.84%9
37.66%58
27.92%43
5.19%8
Q16 What is the highest level of school you
have completed or the highest degree you
have received?
Answered: 154 Skipped: 1
Total 154
Less than high
school degree
High school
degree or...
Some college
but no degree
Associate
degree
Bachelor degree
Graduate degree
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Less than high school degree
High school degree or equivalent (e.g., GED)
Some college but no degree
Associate degree
Bachelor degree
Graduate degree
Prefer not to answer
21 / 23
Penny for Pinellas Priorities & Attitudes Survey
47.06%72
8.50%13
2.61%4
0.65%1
33.33%51
2.61%4
5.23%8
Q17 Which of the following categories best
describes your employment status?
Answered: 153 Skipped: 2
Total 153
Employed,
working...
Employed,
working...
Not employed,
looking for...
Not employed,
NOT looking ...
Retired
Disabled, not
able to work
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Employed, working full-time
Employed, working part-time
Not employed, looking for work
Not employed, NOT looking for work
Retired
Disabled, not able to work
Prefer not to answer
22 / 23
Penny for Pinellas Priorities & Attitudes Survey
3.29%5
13.82%21
19.74%30
11.18%17
9.87%15
5.92%9
3.95%6
0.66%1
5.26%8
26.32%40
Q18 What is your approximate average
household income?
Answered: 152 Skipped: 3
Total 152
$0-$24,999
$25,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000-$124,9
99
$125,000-$149,9
99
$150,000-$174,9
99
$175,000-$199,9
99
$200,000 and up
Prefer not to
answer
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
$0-$24,999
$25,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000-$124,999
$125,000-$149,999
$150,000-$174,999
$175,000-$199,999
$200,000 and up
Prefer not to answer
23 / 23
Penny for Pinellas Priorities & Attitudes Survey
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 17-11
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Economic Development & Housing
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Endorse the application for Project Atlas and committing the City of Clearwater to provide local
financial support (Local Match) of ten percent of the eligible tax refund upon certification by
State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 17-11.
SUMMARY
This Resolution amends Resolution 16-03, extending the timeframe by which Project Atlas
must create 12 new jobs and reducing the Local Match by 5%. The extended timeframe
requires changes to the job creation schedule and Local Match payout schedule. All
Conditions of Limitation and Termination remain unchanged.
APPROPRIATION CODE AND AMOUNT:
The FY 2017-2018 funding is currently available from Economic Development budget account
number 181-99846. Future year funding will need to be allocated during the City’s annual
budget process.
USE OF RESERVE FUNDS:
NA
Page 1 City of Clearwater Printed on 2/10/2017
A
Phase Number of net new full-time equivalent
Florida jobs created in the business unit
Date by which jobs will be
created
I 12 12/31/2017
Total 12
The amended payout schedule is as follows:
PHASE #
JOBS
ELIGIBLE
AWARD
MAX OF
25% / YR FY17-18 FY18-19 FY19-20 FY20-21
I 12 $57,000 $1,425 $1,425 $1,425 $1,425 $1,425
TOTAL 12 $57,000 $1,425 $1,425 $1,425 $1,425
Page 1 of 2
QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM
WITH CASH LOCAL FINANCIAL SUPPORT
PROVIDED BY TWO OR MORE LOCAL ENTITIES
RESOLUTION NUMBER 17-11
A RESOLUTION BY THE GOVERNING BOARD OF THE CITY
OF CLEARWATER, FLORIDA, THE CLEARWATER CITY
COUNCIL, RECOMMENDING PROJECT ATLAS,BE
APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS
PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING
FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE GOVERNING BOARD OF THE CITY OF
CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL,as follows:
WHEREAS, the Clearwater City Council adopted Resolution 16-03 on March 3,
2016, endorsing the application of Project Atlas for a Qualified Target Industry Tax Refund and
committing local financial support of ten (10%) of the eligible tax refund in accordance therewith
upon certification by the State of Florida Department of Economic Opportunity (DEO); and
WHEREAS, this Resolution amends Resolution 16-03 reducing the eligible tax
refund and corresponding local financial support by five percent (5%), and extending the job
creation schedule, the tax refund schedule, the job maintenance period and expiration date by
twelve (12) months to allow more time in order to meet 10% job creation as required by
s.288.106, Florida Statutes; and
WHEREAS, Project Atlas has submitted a request to DEO to exercise its option
to extend the job creation, tax refund schedule, and job maintenance periods and reduce the
Qualified Target Industry Tax Refund; and
WHEREAS the exercise of this option is supported by Pinellas County and DEO;
and
WHEREAS, the business under consideration is an electronics manufacturing
business, specifically, Project Atlas;and
WHEREAS, Project Atlas is located in the City of Clearwater, Florida; and
WHEREAS, Project Atlas has been identified as a Target Industry Business;
and
WHEREAS, Project Atlas plans to expand operations and to create additional
jobs in the City of Clearwater. The Company projects to add 12 jobs over one year beginning in
2017; and
Page 2 of 2
WHEREAS, CITY OF CLEARWATER hereby acknowledges that local financial
support of 20% of the total tax refund of $57,000 is required under the provisions of s.288.106,
Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program; and
WHEREAS, PINELLAS COUNTY has agreed to participate in the provision of
local financial support by committing $5,700,which is 10 percent of the total required QTI local
financial support;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
THE CITY OF CLEARWATER,FLORIDA, THE CLEARWATER CITY COUNCIL,hereby
recommends Project Atlas be approved as a Qualified Target Industry Business pursuant to
s.288.106, Florida Statutes.
BE IT FURTHER RESOLVED, that the GOVERNING BOARD OF THE CITY OF
CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, has determined the basis of
this project’s average private sector wage commitment calculation shall be 115%of the
statewide average annual wage effective January 1, 2015.
BE IT FURTHER RESOLVED,that the necessary cash commitment of local
financial support for the Qualified Target Industry Tax Refund Program exists for Project Atlas
in the amount of $5,700,in order to realize not less than 10% job creation, and that this amount
will be made available in accordance with the guidelines set forth by the Department of
Economic Opportunity with the stipulation that these funds are intended to represent the "local
financial support" required by s.288.106, Florida Statutes.
This resolution shall take effect immediately upon its adoption.
DULY ADOPTED BY THE GOVERNING BOARD OF THE CITY OF
CLEARWATER,FLORIDA, THE CLEARWATER CITY COUNCIL, this ____ day of
_______________, 2017.
ATTEST:
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________By: ____________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:Attest:
______________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
STAMP AND SIGNATURE OF NOTARY
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3226
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve a Developer Agreement with Lindiakos Properties, Inc, for the installation of a natural
gas distribution system and authorize appropriate the officials to execute same. (consent)
SUMMARY:
Lindiakos Properties, Inc (Developer) is constructing 95 townhomes in a new development in
Tarpon Springs. The Developer has agreed to use natural gas in at least 75% of the
townhomes.
This agreement has been modified to remove the Commercial Automobile Liability insurance
requirement and standard indemnification language. These changes were made as a result of
contract negotiations between the City/Clearwater Gas System and the Developer.
Automotive liability was not applicable for this project, and, as the developer is not utilizing any
vehicles in connection with the development. The City will be able to pursue common law
indemnification if there are losses due to the developer’s negligence. The City’s sovereign
immunity under FL Statute Chapter 768.28 is not waived.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
[GM17-2064-074/198143/1]
CLEARWATER GAS SYSTEM/CITY OF CLEARWATER
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
This Agreement is entered into this ____day of_________, 2017, between the City of Clearwater,
Florida, a municipal corporation organized and existing under the laws of the State of Florida,
d/b/a Clearwater Gas System, hereinafter called the "CGS" and __LINDIAKOS PROPERTIES,
INC_, a _FLORIDA_____ corporation, hereinafter called the "DEVELOPER".
RECITALS
A. DEVELOPER is developing land for sale and plans to include, among other things,
approximately __ninety-five____ (_95__) townhomes (the “Project”) to be known as _CYPRESS
TRAILS_, located in Section_7__, Township _27S___, Range _16E___, Pinellas County, Florida,
as more particularly described in Exhibit “A” attached hereto and incorporated herein, and as will
be recorded in the Official Records of the Clerk of the Circuit Court, Pinellas County, Florida.
B.DEVELOPER, for itself and on behalf of the future owners of residences in the
Project, desires to have natural gas service available within the Project.
C.CGS desires to install a natural gas distribution system within the Project, at its
expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER
has agreed to engage CGS to install such a system within the Project, pursuant to the terms and
conditions hereinafter set forth. CGS understands that this Project will be built in multiple
phases (singularly “Phase”, or collectively “Phases”), each of which will be subject to CGS’s
feasibility requirements. In line with each Phase meeting CGS’s feasibility requirements, CGS
reserves the right, in its sole discretion, to proceed with each Phase as each Phase is approved as
to feasibility.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, CGS and DEVELOPER hereby agree as follows.
1. Recitals.The foregoing Recitals are true and correct and are incorporated in
and form a part of this Agreement.
2.Gas Distribution System.
2.1 Installation of Gas Distribution System. CGS agrees to design and
install a natural gas distribution system within the Project, including all necessary distribution
lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas
service up to the meter of each residence constructed during the term of this Agreement as a Gas
Compliant Residence in conformity with Section 3. The design of the System shall be subject to
DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof, for
purposes of integration of the System into the Project. CGS shall control design of the System
for gas operations purposes. The System does not include any facilities past the meter and CGS
[GM17-2064-074/198143/1]
has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and
CGS agree to reasonably cooperate with respect to the design and construction of the Project
infrastructure, including without limitation, the System. Such cooperation shall include, without
limitation, providing responses to requests for information required for development permits,
plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a
request for any such information from the other party. The parties agree to use all commercially
reasonable efforts to cause the System to be designed and constructed in coordination with the
other Project infrastructure, so that (i) commencement of construction of the System can
commence in concert with the commencement of construction of the other Project infrastructure;
and (ii) each phase of System can be completed simultaneous with completion of the other
infrastructure located within the same Phase of the Project.
2.2 Preparation for Installation and Easements. DEVELOPER represents
that it owns and has legal title to the real property on which the Project will be constructed and
has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall
provide or cause to be provided to CGS, and its employees, agents and subcontractors, adequate
physical and legal access including recorded, assignable non-exclusive easements and/or rights
of way to all reasonably necessary areas of the Project in substantially the form attached hereto
and incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably
necessary for the installation, operation, maintenance, repair and replacement of the System.
With respect to such easements, DEVELOPER shall secure the consent and joinder of all
necessary parties.
DEVELOPER reserves the right to relocate any easement made available hereunder if
necessary for the development of the Project, provided that construction of the portion of the
System subject to any such relocated easement has not yet been commenced, and suitable
easements and access for the System to all portions of the Project are maintained and provided.
In the event that DEVELOPER desires to modify any easement relating to any portion of the
System after installation, then DEVELOPER must obtain CGS’S advance written consent to any
easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall
reimburse CGS for design, materials, construction and other costs associated with any relocation
of the System and shall provide reasonably acceptable substitute easements.
2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with
respect to the construction of the System and to use commercially reasonable efforts to minimize
interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish
System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to
establish and reasonably manage a Project construction schedule that provides CGS with
reasonably sufficient time and access to construct the System within the Project.
2.4 Ownership of Gas Distribution System. The components of the System
located on the supply side of each gas meter (and including each such meter) shall remain the
exclusive property of CGS at all times during and following the expiration or earlier termination
of this Agreement. CGS’S operation of the System is not governed by the terms of this
Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s
Code of Ordinances, City policy and the requirements of applicable regulations and law. In the
[GM17-2064-074/198143/1]
event the Project is not completed and/or the gas facilities and service are for any reason
abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer
required to serve the Project, CGS may at its election remove readily removable, non-essential
components of the System, purge and cap any components to be left in place, and restore any
disrupted surface areas of the Project.
3. Gas Appliance Requirements. In recognition of the substantial investment made
by CGS in constructing the System, DEVELOPER agrees that _seventy-five_ percent (_75__%)
of the townhomes in the Project will be built with an energy efficient gas water heater, gas range
gas dryer and gas fireplace (“Gas Compliant Residences”). In consideration of DEVELOPER
constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy
Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that
each "MODEL" residence in the Project will be a Gas Compliant Residence. Further,
DEVELOPER agrees to make a reasonable effort to utilize natural gas and natural gas appliances
and equipment in common areas of the Project such as community club houses, community
fitness centers, community pools, street lamps, community laundries and central water heating
systems. Additionally, DEVELOPER agrees to make a reasonable effort to require natural gas
for any commercial portions of the Project where economically feasible and as applicable.
For purposes of this Agreement, a “Gas Compliant Residence” shall be defined as those homes
constructed with an energy efficient, natural gas water heater, natural gas range, natural gas
fireplace and natural gas clothes dryer.
4.Energy Conservation Allowance. DEVELOPER may be entitled to Energy
Conservation Allowance payments for each home constructed in the Project that meets the
requirements of CGS’S Energy Conservation Program (the “Program”), as may be amended
from time to time by the Clearwater City Council. A summary of the allowance payments
presently allowed under the Program is attached hereto as Exhibit “C”. In the event the
Clearwater City Council rules or otherwise determines that the energy conservation allowance
payments referenced above, or any portion thereof, may not be recovered by CGS through the
Energy Conservation Adjustment, or that the entitlements under the Program shall be changed,
then CGS’S obligation to thereafter make said allowance payments will be bound by such City
Council directive and, as such, said allowance payments shall be adjusted to conform to such
Council directive or terminate, as applicable, upon completion of construction of any homes then
under construction in the Project (which homes shall remain eligible for allowance payments
without such adjustment). During the term of this Agreement, CGS shall have the right to
inspect any residence for which a claim for an allowance has been made, at reasonable times and
upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to
the Energy Conservation Allowance upon verification that the requirements of each Gas
Compliant Residence have been met and a Certificate of Occupancy has been issued for that
Residence.
5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and
expense, acquire and maintain during the term with the Developer, through self-insurance,
insurance, and/or excess insurance, sufficient insurance to adequately protect the respective
[GM17-2064-074/198143/1]
interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an
AM Best Rating of A-VII or better.
Specifically the City/CGS must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a.Commercial General Liability Insurance coverage, including products/completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b.Commercial Automobile Liability Insurance coverage, including property damage liability
and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is
required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer’s Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by disease
and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded
under the laws of the State of Florida. Coverage should include Voluntary Compensation,
Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable.
Coverage must be applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for City/CGS:
a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract
remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance
(SIGNED by the Risk Manager), and/or Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer) evidencing all of the coverage set forth.
Developer understands that Developer will not be named as an “Additional Insured” on any
of City/CGS coverages. When requested in writing from the Developer, City/CGS will
provide the Developer with certified copies of all applicable policies. The address where
such certificates and certified policies shall be sent or delivered is as follows:
___________________________________
___________________________________
___________________________________
b. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for
City/CGS’s negligence.
d. Developer agrees that nothing contained herein shall be construed as a waiver of any
sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under the
doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is
not intended to nor shall it be interpreted as limiting or in any way affecting any defenses the
City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third parties.
[GM17-2064-074/198143/1]
Developer’s failure to request evidence of this insurance shall not be construed by the
City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified.
6.Insurance Requirements for Developer: The Developer shall, at its own cost and
expense, acquire and maintain (and cause any sub-developers, contractors, subcontractors, sub-
subcontractors, materialmen, representatives, or agents, to acquire and maintain) during the term
with the City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In
addition, the City has the right to review the Developer’s deductible or self-insured retention and
to require that it be reduced or eliminated.
Specifically the Developer must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a.Commercial General Liability Insurance coverage, including products/completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b.
Unless waived by the State of Florida, statutory Workers’ Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer’s Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by disease
and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded
under the laws of the State of Florida. Coverage should include Voluntary Compensation,
Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable.
Coverage must be applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for Developer:
a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract
remains in effect, the Developer will furnish the City with a Certificate of Insurance(s) (using
appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements)
evidencing all of the coverage set forth above and naming the City as an “Additional Insured”
on the Commercial Liability Insurance policy. In addition when requested in writing from
the City, Developer will provide the City with certified copies of all applicable policies. The
address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Clearwater Gas System
P.O. Box 4748
Clearwater, FL 33758-4748
b. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
[GM17-2064-074/198143/1]
c. Developer’s insurance as outlined above shall be primary and non-contributory coverage for
Developer’s negligence.
d. Developer agrees that the City/CGS reserves the right to appoint legal counsel for any and all
claims that may arise related to this Agreement/Contract or work performed under this
Agreement/Contract.
The stipulated limits of coverage above shall not be construed by Developer, or any of the
Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors,
materialmen, representatives, or agents as a limitation of any potential liability to the
City/CGS, and failure to request evidence of this insurance shall not be construed as a
waiver of Developer’s or any sub-developers’, contractors’, subcontractors’, sub-
subcontractors’, materialmen’s, representatives’, or agents’ obligation to provide the
insurance coverage specified.
7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for
any failure to perform pursuant to the terms and conditions of this Agreement to the extent such
performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean
causes not within the control of the party whose performance is affected, including without
limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots,
epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts,
explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each
of the above cases, such party is unable to prevent or overcome by the exercise of due diligence
utilizing commercially reasonable efforts, procedures and processes. The party whose
performance is excused by an event of Force Majeure shall promptly notify the other party of
such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure,
if and to the extent reasonably possible, and thereafter resume such performance as soon as
possible.
8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by
either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage
prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal
Express), and shall, if not sooner received, be deemed received three (3) business days after
deposit in the United States Mail, or one business day after telecopy transmission or receipt by
any national delivery service. All notices shall be addressed to each party at the address listed
below unless and until such time as a party notifies the other in accordance with this Section of a
change in address:
“CGS”
Clearwater Gas System
Managing Director
400 N. Myrtle Ave
“DEVELOPER”
____________________
____________________
____________________
[GM17-2064-074/198143/1]
Clearwater, FL 33755
9.Duration. The term of this Agreement (the “Term”) shall commence upon the
Effective Date and continue until the issuance of certificates of occupancy for the residences
constructed upon all of the platted residential lots located within the Project. Notwithstanding
any expiration or other termination of this Agreement, CGS shall remain obligated to make
energy construction allowance payments, having properly accrued, to DEVELOPER as provided
in Section 4 hereof.
10.Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making
a substantial investment in installing the System as provided in this Agreement. In the event
DEVELOPER fails to construct at least _seventy-five__ percent (_75__%) of the residences in
each Phase of the Project as Gas Compliant Residences, CGS will suffer substantial damages
that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated
damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its
obligation hereunder. Accordingly, if the DEVELOPER fails to complete the minimum
percentage of the Gas Compliant Residences in each Phase of the Project as each Phase is
developed during the Term of this Agreement, then, DEVELOPER shall pay to CGS liquidated
damages in the amount of _Seven Hundred and Ten Dollars ($710.00) for each residence below
the minimum _seventy-five_ percent (_75_%) requirement. Payment of Liquidated Damages
shall be due and payable upon the issuance of Certificates of Occupancy for all townhomes in
any given Phase, or at such time as it can be determined that DEVELOPER will not meet the
minimum requirement, whichever occurs earlier.
11.Remedies and Limitations. In the event of a breach of this Agreement, the non-
breaching party shall, except to the extent expressly limited by the terms of this Agreement, have
all rights and remedies available at law and at equity against the breaching party.
12.Assignment. This Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns. Any assignment of this Agreement by either
party shall require the prior written consent of the other party, which consent shall not be
unreasonably withheld.
13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules,
orders, permits, and regulations of any federal, state, or local governmental authority having
jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement
shall be interpreted and construed in accordance with the laws of the State of Florida. In the
event of litigation between the parties hereto arising out of or in connection with this Agreement,
each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire
understanding and agreement between the parties and supersedes any and all prior negotiations,
understandings or agreements. Except as provided above, this Agreement shall be binding upon,
and shall inure to the benefit of the parties hereto, and their respective successors and assigns.
This Agreement may be amended, modified or extended only by a written instrument signed by
both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right,
power or remedy by either party shall constitute a waiver of, or shall preclude any other or
further exercise of, the same or any other right, power or remedy. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid
[GM17-2064-074/198143/1]
under applicable law, but if any provision of this Agreement or the application thereof to any
party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall
be effective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement or the application of
the same. This Agreement may be executed in any number of counterparts, and all the
counterparts taken together shall be deemed to constitute one (1) and the same instrument. The
captions, headings, titles, and subtitles herein are inserted for convenience of reference only and
are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to
this Agreement is incorporated by reference herein. Nothing contained herein shall be construed
as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER.
Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a
person or group that is not a party to this Agreement.
[Signatures begin on following page]
[GM17-2064-074/198143/1]
IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement
(Natural Gas) to be signed by their respective duly authorized officers as of the date first above
written.
Approved and accepted by:
CITY OF CLEARWATER, FLORIDA
By: _______________________________
Charles S. Warrington, Jr.
Gas System Managing Director
Agreed to and accepted by:
________________ a __________ corporation
By:_______________________________
Name Printed: _________________________
Title:_________________________________
[GM17-2064-074/198143/1]
EXHIBIT A
Legal Description of Project
and Phase Descriptions
[GM17-2064-074/198143/1]
EXHIBIT B
Easement
Return to:
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
PINELLAS COUNTY Parcel I. D. No. ____________________________
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of
which is hereby acknowledged, and the benefits to be derived therefrom,
_______________________________________________,whose post office address is
___________________________________________ (“Grantor”) does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-exclusive,
limited purpose easement over, under and across the following described land lying and being situate in the County of
Pasco, State of Florida, to wit:
As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made
a part hereof (“Easement Premises”)
This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance
only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the
Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for
obtaining all governmental and regulatory permits required to exercise the rights granted herein.
Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all
times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any
project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date
Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue
the completion of all work related to this project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee,
and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this
easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service
Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which
consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and
shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon
completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation
duly recorded in the public records of Pasco County, Florida.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both
parties, or by abandonment of the Easement Premises by Grantee.
GAS MAIN & UTILITIES EASEMENT
[GM17-2064-074/198143/1]
IN WITNESS WHEREOF,the undersigned grantor has caused these presents to be duly executed this ______
day of ___________________, 2016.
Signed, sealed and delivered
In the presence of:
_________________________________ By: _____________________________________
WITNESS signature
_________________________________ Print name _______________________________
Print Witness Name
_________________________________ By: ____________________________________
WITNESS signature
_________________________________ Print name ______________________________
Print Witness Name
STATE OF _____________________ :
: ss
COUNTY OF ___________________ :
Before me, the undersigned authority, personally appeared _______________________________, who executed
the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes
herein set forth, and who [ ] are personally known to me, or who [ ] produced _____________________________ as
identification.
________________________________________
My commission expires:
Notary Public - State of Florida
________________________________________
Type/Print Name
[GM17-2064-074/198143/1]
EXHIBIT B1
[Here insert descriptions of platted road rights of way]
[GM17-2064-074/198143/1]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each
residence constructed within the Project and that has qualified for payment based on following
installation schedule (“Energy Conservation Allowance Payment”):
Energy Efficient Gas Tankless Hot Water Heater $ 525.00
Energy Efficient Gas Dryer $100.00
Second Drop for On-Main Secon Drop $525.00
Energy Efficient Pilotless Gas Range $ 150.00
The total maximum energy conservation amount payable on each
Home that conforms to the schedule above $ 1300.00
DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance
Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable
qualified residence. DEVELOPER shall submit such written requests in the form and manner
reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment
that is submitted after 90 days following the issuance of a certificate of occupancy for a
particular residence may not be honored.
[GM17-2064-074/198718/1]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each
residence constructed within the Project and that has qualified for payment based on following
installation schedule (“Energy Conservation Allowance Payment”):
Energy Efficient Gas Tankless Hot Water Heater $ 525.00
Energy Efficient Gas Dryer $100.00
Second Drop for On-Main Secon Drop $525.00
Energy Efficient Pilotless Gas Range $ 150.00
The total maximum energy conservation amount payable on each
Home that conforms to the schedule above $ 1300.00
DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance
Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable
qualified residence. DEVELOPER shall submit such written requests in the form and manner
reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment
that is submitted after 90 days following the issuance of a certificate of occupancy for a
particular residence may not be honored.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3227
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas
distribution mains and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Clearwater Gas System (CGS) is installing a 6-in. natural gas distribution main along Bexley
Village Drive in Pasco County, just north of State Road 54. This main extension will serve the
new Bexley Ranch neighborhood currently under construction. CGS will be crossing the
Tampa Bay Water (TBW) transmission line easement that runs parallel with the Tower Rd
right-of-way.
To cross this easement, CGS will have to enter into a Mutual Use Agreement (MUA) with
TBW. This agreement will allow CGS to connect CGS’ main to its current distribution system
within Bexley Ranch. CGS has previously crossed TBW at Ballantrae Blvd and Tower Rd. This
new crossing at Bexley Village Drive is being constructed to provide looping of the CGS
system, which will enhance system reliability.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3212
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida and
the City of Clearwater through August 23, 2017 for the City to utilize Pinellas County School
buses at a cost of $1.50 per mile plus $29.00 per hour, for a total estimated cost of $40,000
and authorize the appropriate officials to execute. (consent)
SUMMARY:
The Parks and Recreation Department organizes field trips requiring bus transportation for
participants.
The Pinellas County School System allows municipalities to utilize their fleet of buses and
drivers for $1.50 per mile plus $29.00 per hour for driver with a five-hour booking minimum.
During the summer of 2017, the department will organize approximately 150 field trips that
may utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of private bus lines
indicates school buses are generally a less costly mode of transportation. During the past
year, the City utilized school buses for field trips at a cost of approximately $35,000.
Approval of this Agreement will provide staff with a larger number of options when determining
the most cost effective source of transportation for participants.
The Agreement is similar to agreements between the Pinellas County School Board and other
Pinellas County municipalities that utilize school bus transportation.
The Recreation Programming Division’s Operating Budget contains sufficient funds to cover
the costs associated with this Agreement.
This item supports the City's Strategic Plan by partnering with other public organizations to be
more efficient in providing services and programs to the youth of our community.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3214
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve a License Agreement between the Board of Trustees of St. Petersburg College
(SPC) and the City of Clearwater (City) providing for the use of Jack Russell Stadium for SPC
baseball, the use of Eddie C. Moore Softball Complex for SPC softball, and terminates an
older license agreement between SPC and the City to use the Joe DiMaggio Sports Complex
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
SPC transferred ownership of the Joe DiMaggio Sports Complex to the City in July 2000 in
exchange for the college having priority use of the baseball fields for their baseball program.
SPC desires to improve their baseball and softball programs and to provide improvements to
City facilities in order to meet this goal.
The City has made several improvements to the Jack Russell Stadium complex including
renovation of restrooms, batting tunnels, painting of structures and is currently constructing
new offices to house the Athletic section of the Parks and Recreation Department.
However, much is still left to be done and SPC wants to partner with the City to make
improvements to the main clubhouse which will then be used by SPC and the City.
This License Agreement will replace the previous License Agreement and terminate the other
agreement in its entirety.
This Agreement will allow SPC first priority for use of Jack Russell Stadium working in good
faith with Clearwater High School baseball team and the City’s sports tourism initiatives. In
addition SPC will have first priority for use of E.C. Moore Softball Complex for games and
practices for the softball team.
SPC will make improvements and renovations to the locker facilities and other baseball
amenities on site which will become the property of the City.
SPC will reimburse the City for all direct expenses associated with their facility usages i.e. field
lighting, utility charges, staff and field maintenance.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 2/10/2017
File Number: ID#17-3214
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3193
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Authorize the Chief of Police to sign a Memorandum of Understanding between the City of
Clearwater Police Department and the Florida Department of Highway Safety and Motor
Vehicles. (consent)
SUMMARY:
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) primary duties
include issuance of motor vehicle and driver licenses, registration and titling of motor vehicles,
and enforcement of all laws governing traffic, travel and public safety upon Florida's public
highways.
In carrying out its statutorily mandated duties and responsibilities, the DHSMV collects and
maintains personal information that identifies individuals. This information is stored in the
DHSMV Driver and Vehicle Information Database system, commonly referred to as DAVID.
Based upon the nature of this information, the DHSMV is subject to the disclosure prohibitions
contained in 18 U.S.C. §2721, the Driver's Privacy Protection Act, Section 119.0712(2),
Florida Statutes, and other statutory provisions.
Law enforcement personnel may utilize the DAVID database for legitimate law enforcement
purposes which include:
·Traffic related inquiries, crash investigations or red light camera violations;
·Response to call for service, possible criminal activity, or disturbances;
·Criminal investigations, suspect identification or to obtain descriptors;
·Emergency notifications; or other legitimate law enforcement purpose.
The Florida Department of Law Enforcement (FDLE) requires the Clearwater Police
Department to enter into a Memorandum of Understanding in order to have continued access
to the DHSMV database; however, FDLE now requires that the MOU must be executed by the
person authorized to sign contracts on behalf of the Clearwater Police Department.
The current data exchange MOU between both parties is set to expire November 13, 2017,
which was for a 3-year term. This new MOU for continued access to the DHSMV
files/programs will be for a term of six years.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-3133
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the First Amendment to the Cooperative Funding Agreement (CFA) between
Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the
Groundwater Replenishment Project, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
December 17, 2015, City Council approved the CFA between SWFWMD and the City for
the Groundwater Replenishment Project, providing 50% reimbursement of the project cost
up to a maximum of $14,340,000
The agreement requires that the 30% Design of the project be reviewed by a third party to
validate the design criteria and engineering estimates of construction. The Third Party
Review was completed in July of 2016. There was an increase in the engineering
estimate at the 30% design. SWFWMD approved of the Third Party Review and the
increase in cost at their Board Meeting in September of 2016.
This amendment provides for an increase of reimbursement from SWFWMD of 50% with
a maximum in the amount of $2,018,000 for the total project cost of $32,716,000 and total
SWFWMD reimbursement up to $16,358,000 maximum in accordance with the latest
engineering estimate.
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3209
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida, for the
2017 Sidewalks Construction Project (16-0016-EN) in the amount of $527,468.98, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This project is for upgrades to meet American Disabilities Act (ADA) standards in
neighborhood streets near downtown Clearwater and Winding Wood Drive. The contract also
allows for curbing and sidewalks in other areas as needed. Additionally, the contract includes
repair and replacement of existing sidewalks in Clubhouse Estates neighborhood, along
Enterprise Road and Drew Street.
The City of Clearwater’s Engineering Department will be providing construction inspection.
The City received three responsive bids and Central Florida Contractors, Inc. was the lowest
bidder in the amount of $527,468.98.
Construction duration is 365 days and is anticipated to be completed by early spring 2018.
APPROPRIATION CODE AND AMOUNT:
0315-92339-563700-541-000-0000 $231,502.45
0315-92277-563700-541-000-0000 $295,966.53
Funds are available in capital improvement projects in amounts of $231,502.45 from
0315-92339, New Sidewalks and $295,966.53, 0315-9227, Streets and Sidewalks to fund the
contract.
Page 1 City of Clearwater Printed on 2/10/2017
ITEM DESCRIPTION UNIT UNIT
QTY
UNIT PRICE TOTAL UNIT
QTY
UNIT PRICE
New Sidewalk
1.0 Mobilization and Site Preparation
1.1 Maintenance of Traffic LS 1 50,892.00$ 50,892.00$ 1 3,952.93$
1.2 Mobilization (5%)LS 1 25,954.92$ 25,954.92$ 1 2,635.28$
1.3 Demolition (5%)LS 1 25,954.92$ 25,954.92$ 1 3,513.71$
1.4 Erosion and Sediment Control LS 1 5,292.77$ 5,292.77$ 1 1,317.64$
1.5 Root Pruning LF 284 21.00$ 5,963.52$ 245 5.00$
1.6 Sprinklers (Yard Frontage) (Section IVa)LF 254 6.00$ 1,526.76$ 220 7.00$
1.7 Sod (if needed)SF 102 3.00$ 305.35$ 88 4.00$
1.8 Project Sign (portable)LS 1 1,374.08$ 1,374.08$ 1 439.21$
1.9 Tree Removal EA 2 1,600.00$ 3,200.00$ 2 800.00$
Subtotal Mobilization and Site Preparation 120,464.33$
2.0 New Sidewalk General
2.1 4" Thick Concrete Sidewalk (3000 psi w/ fiber mesh) SF 5983 6.50$ 38,889.50$ 5983 5.00$
2.2 6" Thick Concrete Sidewalk (3000psi w/fiber mesh) @ 5' Wide SF 1380 9.15$ 12,627.00$ 1380 6.00$
2.3 6" thick concrete driveway (3000 psi w/fiber mesh reinforcing & wwf)SF 735 12.60$ 9,261.00$ 735 6.00$
2.5 ADA mat only (detectable warning surface installed on existing conc.)EA 63 375.00$ 23,625.00$ 63 230.00$
2.6 ADA ramps with mat FDOT 304, CR-E, CR-F, CR-L & City Index 109 EA 24 3,750.00$ 90,000.00$ 24 1,000.00$
2.7 ADA ramps with modified valley gutter (See Detail)EA 46 3,900.00$ 179,400.00$ 46 1,000.00$
2.8 Remove & Construct transition curb as required (ADA ramps)LF 142 72.00$ 10,224.00$ 142 18.00$
2.9 City Valley Gutter Curb LF 115 54.00$ 6,210.00$ 115 18.00$
Subtotal New Sidewalk 370,236.50$
3.0 Paving
3.1 1.5" FDOT Type S Asphalt SY 1480 17.00$ 25,160.00$ 1480 24.00$
3.2 4" Crushed Conc Base SY 1480 23.00$ 34,040.00$ 1480 18.00$
Subtotal Paving 59,200.00$
Sub-total New Sidewalks (Items 1-3)549,900.83$
3.3 New Sidewalk Contingency 10%LS 1 54,990.08$ 54,990.08$ 1 21,045.68$
Total New Sidewalks 604,890.91$
0.51 0.44
1.0 Mobilization and Site Preparation
1.1 Maintenance of Traffic LS 1 49,108.00$ 49,108.00$ 1 5,047.07$
1.2 Mobilization (5%)LS 1 25,045.08$ 25,045.08$ 1 3,364.72$
BID OPENING DATE: January 19, 2017 at 1:00 p.m. AWARD DATE: February 16, 2017
2017 SIDEWALKS CONSTRUCTION PROJECT (PROJECT #16-0016-EN)
Ajax Paving
1 Ajax Drive
North Venice, Fl 34275
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
Repair and Replace Sidewalk
BID OPENING DATE: January 19, 2017 at 1:00 p.m. AWARD DATE: February 16, 2017
2017 SIDEWALKS CONSTRUCTION PROJECT (PROJECT #16-0016-EN)
Ajax Paving
1 Ajax Drive
North Venice, Fl 34275
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
1.3 Demolition (5%)LS 1 25,045.08$ 25,045.08$ 1 4,486.29$
1.4 Erosion and Sediment Control LS 1 5,107.23$ 5,107.23$ 1 1,682.36$
1.5 Root Pruning LF 274 21.00$ 5,754.48$ 313.00 5.00$
1.6 Sprinklers (Yard Frontage) (Section IVa)LF 246 6.00$ 1,473.24$ 280 7.00$
1.7 Sod (if needed)SF 98 3.00$ 294.65$ 112 4.00$
1.8 Project Sign (portable)LS 1 1,325.92$ 1,325.92$ 1 560.79$
1.9 Tree Removal EA 3 1,600.00$ 4,800.00$ 3 800.00$
Subtotal Mobilization and Site Preparation 117,953.67$
4.0 Repair and Replacement Sidewalk
4.1 4" Thick Concrete sidewalk (3000 psi w/ fiber mesh) SF 19287 7.25$ 139,830.75$ 19287 4.75$
4.2 4" Thick concrete sidewalk Construction with Tree Protection (See Detail)SF 7284 8.50$ 61,914.00$ 7284 7.75$
4.3 6" Thick Concrete Sidewalk (3000psi w/fiber mesh & wwf) SF 220 12.00$ 2,640.00$ 220 6.00$
4.4 4" Thick concrete sidewalk repair with root pruning SF 2232 14.00$ 31,248.00$ 2232 6.00$
4.5 ADA ramps with modified valley gutter (See Detail)EA 6 3,600.00$ 21,600.00$ 6 1,000.00$
4.6 Remove & Construct transition curb as required (ADA ramps)LF 15 60.00$ 900.00$ 15 18.00$
Subtotal Repair and Replacement Sidewalk 258,132.75$
5.0 Curb
5.1 Modified Curb LF 1250 35.00$ 43,750.00$ 1250 18.00$
5.2 Valley Curb LF 1250 40.00$ 50,000.00$ 1250 18.00$
5.3 Type 1 curb LF 750 42.00$ 31,500.00$ 750 18.00$
5.4 12" Stabilized subgrade (LBR40)SY 1000 31.00$ 31,000.00$ 1000 20.00$
Subtotal Curb 156,250.00$
Repair and Replace Sidewalk Subtotal (Items 4-5)532,336.42$
5.5 Repair and Replace Sidewalk Contingency 10%LS 1 53,233.64$ 53,233.64$ 1 26,906.05$
Repair and Replace Sidewalk Total 585,570.06$
0.49 0.56
Subtotal (Items 1-5)1,082,237.25$
Total Contingency 10%108,223.72$
Total (Items 1–5)1,190,460.97$
Bidder’s Grand Total (Items 1–5)1,190,460.97$
BID OPENING DATE: January 19, 2017 at 1:00 p.m. AWARD DATE: February 16, 2017
2017 SIDEWALKS CONSTRUCTION PROJECT (PROJECT #16-0016-EN)
Ajax Paving
1 Ajax Drive
North Venice, Fl 34275
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071)
TOTAL UNIT
QTY
UNIT PRICE TOTAL
3,952.93$ 1 13,307.71$ 13,307.71$
2,635.28$ 1 12,097.92$ 12,097.92$
3,513.71$ 1 12,097.92$ 12,097.92$
1,317.64$ 1 7,500.71$ 7,500.71$
1,225.00$ 270 7.00$ 1,890.00$
1,540.00$ 242 5.00$ 1,210.00$
352.00$ 97 3.00$ 291.00$
439.21$ 1 580.70$ 580.70$
1,600.00$ 2 1,275.00$ 2,550.00$
16,575.77$ 51,525.96$
29,915.00$ 5983 4.55$ 27,222.65$
8,280.00$ 1380 5.25$ 7,245.00$
4,410.00$ 735 5.50$ 4,042.50$
14,490.00$ 63 225.00$ 14,175.00$
24,000.00$ 24 1,275.00$ 30,600.00$
46,000.00$ 46 1,275.00$ 58,650.00$
2,556.00$ 142 20.00$ 2,840.00$
2,070.00$ 115 19.00$ 2,185.00$
131,721.00$ 146,960.15$
35,520.00$ 1480 18.00$ 26,640.00$
26,640.00$ 1480 44.00$ 65,120.00$
62,160.00$ 91,760.00$
210,456.77$ 290,246.11$
21,045.68$ 1 29,024.61$ 29,024.61$
231,502.45$ 319,270.72$
0.48
5,047.07$ 1 14,192.29$ 14,192.29$
3,364.72$ 1 12,902.08$ 12,902.08$
February 16, 2017
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
MTM Contractors, Inc.
6550 53rd Street North
Pinellas Park, Fl 33781
February 16, 2017
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
MTM Contractors, Inc.
6550 53rd Street North
Pinellas Park, Fl 33781
4,486.29$ 1 12,902.08$ 12,902.08$
1,682.36$ 1 7,999.29$ 7,999.29$
1,565.00$ 288 7.00$ 2,016.00$
1,960.00$ 258 5.00$ 1,290.00$
448.00$ 103 3.00$ 309.00$
560.79$ 1 619.30$ 619.30$
2,400.00$ 3 1,275.00$ 3,825.00$
21,514.23$ 56,055.04$
91,613.25$ 19287 5.55$ 107,042.85$
56,451.00$ 7284 6.85$ 49,895.40$
1,320.00$ 220 6.25$ 1,375.00$
13,392.00$ 2232 7.65$ 17,074.80$
6,000.00$ 6 1,275.00$ 7,650.00$
270.00$ 15 20.00$ 300.00$
169,046.25$ 183,338.05$
22,500.00$ 1250 18.00$ 22,500.00$
22,500.00$ 1250 19.00$ 23,750.00$
13,500.00$ 750 20.00$ 15,000.00$
20,000.00$ 1000 10.00$ 10,000.00$
78,500.00$ 71,250.00$
269,060.48$ 310,643.09$
26,906.05$ 1 31,064.31$ 31,064.31$
295,966.53$ 341,707.40$
0.52
479,517.25$ 600,889.20$
47,951.73$ 60,088.92$
527,468.98$ 660,978.12$
527,468.98$ 660,978.12$
February 16, 2017
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, Fl 33775
MTM Contractors, Inc.
6550 53rd Street North
Pinellas Park, Fl 33781
DREW ST
DRUID RD
UNION ST
LAKEVIEW RD
CLEVELAND STN BETTY LNNE COACHMAN RDENTERPRISE RD E
N OLD COACHMAN RDENTERPRISE RDN MARTIN LUTHER KING, JR. AVEUNION ST
N OLD COACHMAN RDS BETTY LNUS-19 NDREW ST
SR 580
SUNSET POINT RD
N BELCHER RDMcMULLEN-BOOTH RDGULF-TO-BAY BLVDN KEENE RDCOURT ST
S KEENE RDS BELCHER RDS MISSOURI AVEN MYRTLE AVES MYRTLE AVECHESTNUT ST
BAYSI
DE BRGEDGEWATER DRLANDMARK DR CO U NTRYS ID E BLVD Location Map
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JCA N.T.S.Map Gen By:Scale:
2017 Sidewalks Construction Project
ADA R&R Clearwater Service Area
1/23/2017Date:DSReviewed By:
SectionV Page i 11/25/2014
SECTION V
CONTRACT DOCUMENTS
Table of Contents:
PUBLIC CONSTRUCTION BOND ....................................................................................................... 1
CONTRACT .............................................................................................................................................. 3
CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7
PROPOSAL/BID BOND .......................................................................................................................... 8
AFFIDAVIT .............................................................................................................................................. 9
NON COLLUSION AFFIDAVIT ......................................................................................................... 10
PROPOSAL ............................................................................................................................................. 11
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14
BIDDER’S PROPOSAL ......................................................................................................................... 15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ..................................................................................................................... 18
SectionV Page 1 of 18 11/25/2014
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under
this bond for payment must be in accordance with the notice and time limitation provisions in subsections
(2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the
work after a default or abandonment, the contractor shall provide to the public entity a certified copy
of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt
payment for construction services, the public entity may not make a payment to the contractor until the
contractor has complied with this paragraph.”
CONTRACTOR SURETY OWNER
[Central Florida Contractors, Inc
P.O. Box 3987
Seminole, FL 33775
727-596-0708
Developers Surety and Indemnity Co.
100 2nd Ave. S. St. Petersburg, FL
[phone number]
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4747
PROJECT NAME: 2017 SIDEWALK CONSTRUCTION PROJECT
PROJECT NO.: 16-0016-EN
PROJECT DESCRIPTION: The 2017 SIDEWALK Construction Project provides for sidewalk and
ADA ramp improvements in the Clubhouse Drive, Winding Woods Drive, Enterprise Road and Drew
Street area of Clearwater.
BY THIS BOND, We [Central Florida Contractors, Inc.], as Contractor, and [surety], a corporation, as
Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[527,468.98],
for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,
jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1.Performs the contract dated [execution date], between Contractor and Owner for construction of
2016 Sidewalk Construction Contract, the contract documents being made a part of this bond by reference
(which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders,
General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made
in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the
contract; and
2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the
prosecution of the work provided for in the contract; and
3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
SectionV Page 2 of 18 11/25/2014
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of the
construction contract; and
5.Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
6.Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
7.Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety’s obligation under this bond,
and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of
________________, 20___.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
[Central Florida Contractors, Inc.]
By: _____________________________
Title: ____________________________
Print Name: _______________________
WITNESS: WITNESS:
_________________________________ _________________________________
Corporate Secretary or Witness Print Name: _______________________
Print Name: _______________________
(affix corporate seal) [Leave blank for Name of Corporate Surety]
By: _____________________________
ATTORNEY-IN-FACT
Print Name: _______________________
(affix corporate seal)
(Power of Attorney must be attached)
SectionV Page 4 of 18 11/25/2014
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, sex, religion, color, or national origin.
The aforesaid provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees or applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the non discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event
that the work to be performed by the Contractor is not completed within the time stipulated herein, it is
then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of the
terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety
or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond
ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its
own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory
to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms
and provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
SectionV Page 5 of 18 11/25/2014
CONTRACT
(3)
The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes
(2014), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter
119 or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City of Clearwater in a format
that is compatible with the information technology systems of the City of Clearwater.
SectionV Page 7 of 18 11/25/2014
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: 2017 SIDEWALK Construction
Engineering Dept. PROJECT NO.: 16-0016-EN
100 S. Myrtle Ave. CONTRACT DATE: [__________]
Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book
[____], Page [____], of the Public Records of
Pinellas County, Florida.
CONTRACTOR: [Central Florida Contractors, Inc.
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between
the Owner and the Contractor as indicated above, the:
[Devlopers Surety and Indeminity Company]
100 2nd Ave. South.
[St. Petersburg, FL 33701]
,SURETY,
on bond of
[Central Florida Contractors, Inc.
P.O Box 3987
Seminole, FL 33775]
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater
Engineering Department
100 S. Myrtle Ave.
Clearwater, FL 33756
,OWNER,
as set forth in said Surety’s bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this [___] day of [month], [year]
___________________________________
(Surety)
___________________________________
(Signature of authorized representative)
___________________________________
(Printed name and title)
Attest:
(Seal):
SectionV Page 18 of 18 11/25/2014
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE
COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS
REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities
in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaging in business operations in Cuba and Syria; and
2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business
operations in Cuba and Syria; and
3.Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning,
selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal
property, real property, military equipment, or any other apparatus of business or commerce; and
4.If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in
business operations in Cuba and Syria.
____________________________________
Authorized Signature
____________________________________
Printed Name
____________________________________
Title
____________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ________ day of _________________, 20____, by
__________________________________________ (name of person whose signature is being notarized) as the
________________________ (title) of _________________________________ (name of corporation/entity),
personally known to me as described herein ____________, or produced a ___________________________ (type
of identification) as identification, and who did/did not take an oath.
____________________________________
Notary Public
____________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3217
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve a purchase order (contract) to Transmap Corporation of Upper Arlington, OH, in the
amount of $105,132.19 for the 2017 Pavement Assessment Program and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Pavement assessment is an integral part of evaluating the condition of city streets to assist in
planning a maintenance program. Under this purchase order, Transmap will evaluate the
Pavement Condition Index for the 321 miles of streets under the City’s jurisdiction. These
ratings will assist in development of a five-year resurfacing program
Transmap Corporation is currently under contract with the City of Coral Springs, Florida. The
City of Clearwater will piggy back on the City of Coral Springs contract RFP 15-D-005 which
began 04/1/2015 and terminates 03/18/2017
APPROPRIATION CODE AND AMOUNT:
0315-92277-561200-541-000-0000 $105.132.19
Funds are available in Capital Improvement Project 0315-92277, Streets and Sidewalks.
Page 1 City of Clearwater Printed on 2/10/2017
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Coral Springs, FL
Task Description Comments TransmapUnits TransmapPrice Total
*Linear Assets (units = centerline miles)Rates based on standard attributes
Transmap will extract the of location ditches,pavement striping, curbs, gutters, guiderails,shoulders, etc on all roads in the project areathrough our HD images.
230 $35-$125
*Point Utility Assets (units = centerlinemiles) Rates based on standard attributes
Transmap will package all utility assets into alogical extraction pass (drop inlets, curbinlets, manholes, culverts, bridges, lightpoles, fire hydrants, water valves, etc.)
230 $25-$75
*Point Traffic Assets (units = centerlinemiles) Rates based on standard attributes
Transmap will package all traffic assets into alogical extraction pass (signs and posts,pavement markings, signals and poles, ADAramps, bridges, sidewalk failure locations,etc.)
230 $45-$110
Advanced Inspection Processing - 4K LCMS(units = lump sum)
Transmap uses a 4K Laser CrackMeasurement System (LCMS) that has a 2Dand 3D output for surface cracking.Transmap will deliver 2D and 3D models ofsurface cracking
1 $11,995.00 $11,995.00
Additional Transmap Project Management(units = hours)
If the City needs more hours based on theamount of assistance from Transmap,standard rates apply.1 $99.00
Per Asset Pricing (units = per asset)Transmap can extract any additional assets ata per asset cost 1 $1.79
Nighttime MUTCD Sign Collection (units =hours)Nighttime Assessment (Good, Replace)1 $99.00
GIS Integration (units = hours) If any other GIS work is needed, the hourscan be purchased.1 $99.00
Implementation Services Estimates
JumpStart Configuration and Training forCityworks Server AMS: cost for professionalservices and training for the system.Estimate only, final scope of work and costTBD.
$25,000.00
Additional Asset/Pavement Options
Optional Assets
Additional Value
* Package rates may vary based on the amount of attribution the City wants. Transmap can extract any ROW feature and package them together to establish a
Transmap Corporation January 17, 2017
City of Clearwater, FL
Updated Pricing After Pilot
1) Pavement Management Program Roads
Task Description Comments
Transmap
Units
Transmap
Price Total
1a ON-SIGHT™ Raw Data Collection Includes
LiDAR (units = centerline miles)
Raw roadway data and image capture. 360-
degree image view of all roadways (ROW)
with dedicated ROW cameras and ground-
based LiDAR (100% roadway coverage).
Transmap will utilize our Crack Map 3D
technology (LCMS) for pavement collection -
also driven in both directions
324 $92.99 $30,128.76
1b Advanced Inspection Processing -
Profilometer (units = lump sum)
Transmap uses an ASTM compliant E950
profilometer and will process all rutting and
ride collected data.
1 $2,995.00 $2,995.00
1c Network Setup and Review (units = hours)
Transmap will review the City's centerline file
and set up the required network for loading
into MicroPAVER. This includes any existing
data from the County that needs to be
incorporated into the pavement management
system.
10 $99.00 $990.00
1d Pavement Inspection (units = samples)
Detailed surface distress analysis using
Transmap's Pavement 2.0 approach.
Transmap uses ASTM D6433 compliant
methods - Vehicle automated collection using
a combination of lasers, 2D/3D images and
field walkout, average pavement width of
segment included (price includes field
verification)
6,057 $5.69 $34,464.33
1e MicroPAVER Load (units = lump sum)
Formatting pavement sample data and
centerline file for mass load into MicroPAVER
using scripts
1 $1,000.00 $1,000.00
1f GIS Integration (units = hours)
Transmap will link all PCI data to the City's
centerline file. If any other GIS work is
needed to be done, the hours can be
purchased.
12 $99.00 $1,188.00
1g Pavement Management Practices Definition
"Boot Camp" (price is per day)
Transmap will meet with the City to review
maintenance/rehabilitation activities, analysis
procedures, and collect any existing
information on roadways (ADT data, construct
dates, maintenance dates, etc.)
2 $1,750.00 $3,500.00
1h Pavement Reporting (units = hours)
Transmap will put together tabular and GIS
map data to support traditional/preventative
maintenance pavement reporting. Budget
scenarios with actual dollar amounts per M&R
activity.
44 $125.00 $5,500.00
1i MicroPAVER Software (units = software)
Transmap will purchase MicroPAVER software
for the City. This pricing is based on the City
having at least one registered APWA member.
This is a download that comes with 2
installations
N/A $1,005.00 N/A
1j On-Site MicroPAVER Training (units =
day's) Expenses included
Transmap will provide on-site training for up
to five City personnel on MicroPAVER 1
training.
N/A $2,800.00 N/A
1k Transmap Project Management Pavement
(units = hours)
Estimated minimum hours - If the City needs
more hours based on the amount of
assistance from Transmap, standard rates
apply.
48 $99.00 $4,752.00
1l
ArcGIS Server Web-Based Image Viewer
(free access for 6 months after project
completion)
Transmap will set up the City to view all
collected images in a web hosted
environment. PCI results, Sample locations,
Distress data, Orthophotography and GIS
basemap layer will be posted in ArcGIS
Online.
$875.00
Subtotal $84,518.09
Pavement Subtotal $84,518.09
Coral Springs Discount 5%-$4,225.90
Total Pavement Project $80,292.19
4) Assets
4a Description Comments
Transmap
Units
Transmap
Price Total
4a Requested Assets (units = centerline miles)
Rates based on standard attributes
Transmap will extract all Curbs and Striping -
At a minimum the standard attributes will
include; street name, unique ID, unique ID
(street centerline), type, x,y coordinates, etc.
324 $81.50 $26,406.00
Coral Spring Contract Discount (units =
centerline miles) 324 $14.00 -$4,536.00
4b GIS Integration (units = hours)
Transmap will link all asset data to the City's
centerline file. If any other GIS work is
needed to be done, the hours can be
purchased.
16 $99.00 $1,584.00
4c Transmap Project Management Assets
(units = hours)
Estimated minimum hours - If the City needs
more hours based on the amount of
assistance from Transmap, standard rates
apply.
14 $99.00 $1,386.00
Subtotal $24,840.00
*Discount applied if approved by February 16th 2017
Project Total $105,132.19
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Clearwater, FL - Drivecode
Drivecode
Scheduled To Drive
Pilot Area
Roads
Prepared By: Claire-Louise BodeSource: Clearwater, FL, ESRICreated On: 01/27/2017
5030 Transamerica Drive | Columbus, OH 43228Tel (614) 481-6799 | Fax (614) 481-4017www.TRANSMAP.com
Miles To Be Collected: 323.937 miles
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3196
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Approve services agreement (purchase order) to Quorum Services LLC of Tampa, FL, in the
annual amount of $400,000 for Inspection and Plan Review Services, with two, one-year
extension options at the City’s discretion, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
Staff is requesting approval of a service agreement with Quorum Services LLC to provide
inspection and plan review for the Planning and Development Department. Services to be
provided by Quorum include, but are not limited to inspections for construction permits and
plan review for construction permit applications.
During calendar year 2016, a total of $352,000 was spent on outside contractor inspection and
plan review services. Construction projects continue to be very active with some sizable
projects. The inability to find qualified inspectors, and also our commitment to expedient
service has resulted in the need for these outside contractor expenses.
Quorum Services is the low responsive bidder to Invitation to Bid Number 03-17, issued on
November 18, 2016. Five responses were received for the bid. The Department also
requests, within this authorization, the approval to utilize the secondary responsive bidder, Joe
Payne, Inc. in a limited capacity at any time that Quorum is unable to respond in a timely
manner to the City’s needs.
Qualified licensed professionals have been very difficult to find.
APPROPRIATION CODE AND AMOUNT:
Funding for the Purchase Order(s) will come from budget line item for Contractual Services
0-010-1430-530300-524-000.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2016-11039
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.2
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 1515
Stevenson’s Drive and 1316 Woodbine Street, together with certain abutting right-of-way of
Stevenson’s Drive and Carol Drive, and pass Ordinances 8997-17, 8998-17, 8999-17 on first
reading. (ANX2016-11039)
SUMMARY:
These voluntary annexation petitions involve 0.34-acres of property consisting of two parcels
of land each occupied by a single-family dwelling. The first parcel of 0.167 acres is located at
the southeast corner of Stevenson’s Drive and Carol Drive, approximately 280 feet west of N.
Betty Lane (1515 Stevenson's Drive) and the second parcel of 0.18 acres is located on the
north side of Woodbine Street, approximately 340 feet east of N. Betty Lane (1316 Woodbine
Street). Both applicants are requesting annexation in order to receive solid waste service from
the City, and the applicant for 1316 Woodbine Street is also requesting to receive sanitary
sewer service. The Development Review Committee is proposing that the 0.49-acres of
abutting Stevenson’s Drive and Carol Drive right-of-way not currently within the city limits also
be annexed. Both parcels are contiguous to existing city boundaries along at least one
property boundary. It is proposed that the properties be assigned a Future Land Use Map
designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed annexations are
consistent with the provisions of Community Development Code Section 4-604.E as follows:
·Both properties currently receive water service from Pinellas County. The applicant for
1316 Woodbine Street is requesting sanitary sewer and the closest line is located in
the adjacent Woodbine 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. For the property located at 1515 Stevenson’s Drive the closest
sanitary sewer line is located in the adjacent Stevenson’s Drive right-of-way, and the
applicant 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. Collection of solid waste for both properties will be
provided by the City of Clearwater. The properties are located within Police District II
Page 1 City of Clearwater Printed on 2/10/2017
File Number: ANX2016-11039
and service will be administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to these properties by
Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to
serve these properties with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations will not have an adverse effect on public facilities and their
levels of service; and
·The proposed annexations are consistent with and promote the following objectives
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban
development within the urban service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a
variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family residential
properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with
the current Countywide Plan designation of these properties. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to these properties is the Low Medium Density Residential
(LMDR) District. The use of the properties is consistent with the uses allowed in the
District and the properties exceed the District’s minimum dimensional requirements.
The proposed annexations are therefore consistent with the Countywide Plan and the
City’s Comprehensive Plan and Community Development Code; and
·Both parcels are contiguous to existing city boundaries along at least one property
boundary; therefore the annexations are consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 2/10/2017
Ordinance No. 8997-17
ORDINANCE NO. 8997-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
GENERALLY LOCATED SOUTH OF PARKWOOD STREET,
EAST OF STEVENSON’S DRIVE, WEST OF ROLLEN
ROAD, AND NORTH OF SPRINGDALE STREET, WHOSE
POST OFFICE ADDRESSES ARE 1515 STEVENSON’S
DRIVE AND 1316 WOODBINE STREET TOGETHER WITH
CERTAIN ABUTTING RIGHTS-OF-WAY OF STEVENSON’S
DRIVE AND CAROL DRIVE , ALL WITHIN 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 owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the 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
(ANX2016-11039)
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. 8997-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2016-11039
=========================================================================================
No. Parcel ID Legal Description Address
1. 10-29-15-85446-004-0030 Lot 3, Block D 1515 Stevenson’s Drive
Together with all Right-of-Way of Stevenson’s Drive abutting Lots 23 through 26, Block A, and all Right-of-Way of Carol
Drive abutting Lots 2 and 3, Block D.
The above in STEVENSON’S HEIGHTS subdivision, as recorded in PLAT BOOK 34, PAGE 12, of the Public Records
of Pinellas County, Florida.
No. Parcel ID Legal Description Address
2. 10-29-15-71694-002-0140 Lot 14, Block B 1316 Woodbine street
The above in PINE RIDGE subdivision, as recorded in PLAT BOOK 28, PAGE 98, of the Public Records of Pinellas
County, Florida.
Exhibit B
PROPOSED ANNEXATION
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR
C
R
E
E
K
60 50505
0
60 60 60 5
0
83.38
71694
8 5 4 4 6
C
B
D
B
C
D
A
1
9 8 7
6 5 4 3
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 1112 13 14 15 16
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
25 26 27
4 5
3
2 1
24
23
22
20
19
18
7
6
8
9
105
3 2 1 1 16
2 15
3 14
4
13
12
1110
5
6
9
8
7
21
12/03 12/04
C A R O L D R
N BETTY LN STEVENSON'S DRWOODBINE ST
PARKWOOD ST
SPRINGDALE ST STOCKTON DR 1407 13261411
1409
1 6 0 1 132413041417 132013051311150113081320131713131619
13071316126213171 5 2 0
1324131013131 5 2 8
130415081240132013121
2
2
0 13051423 13081604 13121616
1324131213041408 1309122
9
1320131212411419
1 6 0 7 13091516
1 5 2 4
1
22
1
1615
1316132113211 6 1 1 1231
1410
150113011613
1 5 3 1
15041620
1608
1 6 0 0
1 5 3 2
1 5 3 6
1 5 1 5
1
2
3
7
1224
1612
123815091421
1601
13161 5 1 6
1
2
2
5
13251235
132115121232
1
2
3
4 131413171413
1 5 2 5
1427 -Not to Scale--Not a Survey-Rev. 12/15/2016
Ordinance No. 8998-17
ORDINANCE NO. 8998-17
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
PROPERTIES GENERALLY LOCATED SOUTH OF
PARKWOOD STREET, EAST OF STEVENSON’S DRIVE,
WEST OF ROLLEN ROAD, AND NORTH OF SPRINGDALE
STREET, WHOSE POST OFFICE ADDRESSES ARE 1515
STEVENSON’S DRIVE AND 1316 WOODBINE STREET,
ALL WITHIN 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
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
See attached Exhibit A for Legal
Descriptions.
Residential Low
(RL)
(ANX2016-11039)
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. 8997-17.
Ordinance No. 8998-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2016-11039
=========================================================================================
No. Parcel ID Legal Description Address
1. 10-29-15-85446-004-0030 Lot 3, Block D 1515 Stevenson’s Drive
The above in STEVENSON’S HEIGHTS subdivision, as recorded in PLAT BOOK 34, PAGE 12, of the Public Records
of Pinellas County, Florida.
No. Parcel ID Legal Description Address
2. 10-29-15-71694-002-0140 Lot 14, Block B 1316 Woodbine street
The above in PINE RIDGE subdivision, as recorded in PLAT BOOK 28, PAGE 98, of the Public Records of Pinellas
County, Florida.
Exhibit B
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR
C
R
E
E
K 505055
0
50
60 60 60 5
0
83.38
71694
8 5 4 4 6
C
B
D
A
B
C
D
A
98 7 6 5 4 3
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
25 26 27
4 5
3
2 1
24
23
22
20
19
18
7
6
8
9
105
3 2 1 1 16
2 15
3 14
4
13
12
1110
5
6
9
8
7
21
12/03 12/04
I
I
RL
RURL
RL
RL
RLRL
RL RL
RL
RURU
RL
CG
RU
RL
RU
CG
CGT/U
WATER
P
CG
RU
RL
N BETTY LN STEVENSON'S DRWOODBINE ST
PARKWOOD ST
SPRINGDALE ST STOCKTON DR 1407
1620
13261411
1409
1 6 0 1 132413041417 1305131115011308132013171238150913131 5 1 6
1619
130713161317132513241321151213131 5 2 8
130415081240132013121217122
0
1240
13051423 13081604 131216161221
1324131213041408 1309122
9
132012411419
1 6 0 7 13091 5 2 4 12
2
1
1615
1316132113211239
1 6 1 1 1231
1410
1501
1 5 2 5 13011613
1 5 3 1
15041608
6 0 0
1 5 3 2
1 5 3 6
1 5 1 5
1
23
7
1224 13201612
1421
1601
13161
2
2
5
12621 5 2 0 13101235
1232
1
23
4 131413171413 13121516 1427 -Not to Scale--Not a Survey-Rev. 12/20/2016
Ordinance No. 8999-17
ORDINANCE NO. 8999-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES GENERALLY
LOCATED SOUTH OF PARKWOOD STREET, EAST OF
STEVENSON’S DRIVE, WEST OF ROLLEN ROAD, AND
NORTH OF SPRINGDALE STREET, WHOSE POST
OFFICE ADDRESSES ARE 1515 STEVENSON’S DRIVE
AND 1316 WOODBINE STREET, ALL WITHIN
CLEARWATER, FLORIDA 33755, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
Zoning Atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8997-17.
Property Zoning District
See attached Exhibit A for Legal
Descriptions.
Low Medium Density Residential
(LMDR)
(ANX2016-11039)
Ordinance No. 8999-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2016-11039
=========================================================================================
No. Parcel ID Legal Description Address
1. 10-29-15-85446-004-0030 Lot 3, Block D 1515 Stevenson’s Drive
The above in STEVENSON’S HEIGHTS subdivision, as recorded in PLAT BOOK 34, PAGE 12, of the Public Records
of Pinellas County, Florida.
No. Parcel ID Legal Description Address
2. 10-29-15-71694-002-0140 Lot 14, Block B 1316 Woodbine street
The above in PINE RIDGE subdivision, as recorded in PLAT BOOK 28, PAGE 98, of the Public Records of Pinellas
County, Florida.
Exhibit B
ZONING MAP
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR
C
R
E
E
K 505055
0
50
60 60 60 5
0
83.38
71694
8 5 4 4 6
C
B
D
A
B
C
D
A
9 8 7 6 5 4 3
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
25 26 27
4 5
3
2 1
24
23
22
20
19
18
7
6
8
9
105
3 2 1 1 16
2 15
3 14
4
13
12
1110
5
6
9
8
7
21
12/03 12/04 N BETTY LN ST
EVENSON'S DRWOODBINE ST
PARKWOOD ST
SPRINGDALE ST STOCKTON DR C
LMDR
P
LMDR
I
I
C
LMDR
1407
1620
13261411
1409 132413041417 1320130513111308132013171238150913131 5 1 6
1619
130713161262131713251 5 2 0
1324131013211512 13131 5 2 8
130415081320131212171
22
0
1240
13051423 13081604 131216161221
1324131213041408 13091229
1320131212411419
1 6 0 7 13091516
1 5 2 4 12
2
1
1615
1316132113211239
1 6 1 1 1231
1410
1501
1 5 2 5 13011613
1 5 3 1
1504S/R
1608
1 6 0 1
6 0 0
1 5 3 2
1 5 3 6
1 5 1 5
1
23
7
1224
15011612
1421
1601
13161
2
2
5
1235
12401232
1
23
4 131413171413
1427 -Not to Scale--Not a Survey-Rev. 12/27/2016
C A R O L D R
LOCATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR KINGS HWY N BETTY LN ROLLEN RD MARY L RD
OVERLEA ST
TERRACE RD
FAIRMONT ST
WOODBINE ST
PARKWOOD ST HOLT AVE SPRINGDALE ST
OVERBROOK AVE
RUSSELL ST
PINEBROOK DR STEVENSON'S DRCLAIRE DR FAIRBURN AVE ENGMAN ST JADE AVE ADMIRAL WOODSON LN DOUGLAS AVE C A R O L D R -Not to Scale--Not a Survey-^
PROJECT
SITE
Rev. 12/20/2016
^
PROJECT
SITE
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR N BETTY LN N BETTY LN STEVENSON'S DRSTEVENSON'S DRWOODBINE ST WOODBINE ST
PARKWOOD ST PARKWOOD ST
SPRINGDALE ST SPRINGDALE ST STOCKTON DR STOCKTON DR -Not to Scale--Not a Survey-Rev. 12/15/2016
C A R O L D R
C A R O L D R
EXISTING SURROUNDING USES
Owner(s): MULTIPLE OWNERS Case: ANX2016-11039
Site: 1515 Stevenson’s Drive
1316 Woodbine Street
Property
Size(Acres):
ROW (Acres):
0.34
0.49
Land Use Zoning
PIN: 10-29-15-85446-004-0030
10-29-15-71694-002-0140
From : RL R-3
Atlas Page: 269B To: RL LMDR
C
R
E
E
K
60 50505
0
60 60 60 5
0
83.38
71694
8 5 4 4 6
C
B
D
B
C
D
A
1
9 8 7
6 5 4 3
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 1112 13 14 15 16
10 11 12 13 14 15 16
9 8 7 6 5 4 3
10 11 12 13 14 15 16
25 26 27
4 5
3
2 1
24
23
22
20
19
18
7
6
8
9
105
3 2 1 1 16
2 15
3 14
4
13
12
1110
5
6
9
8
7
21
12/03 12/04
C A R O L D R
N BETTY LN STEVENSON'S DRWOODBINE ST
PARKWOOD ST
SPRINGDALE ST STOCKTON DR 1407 13261411
1409
1 6 0 1 132413041417 132013051311150113081320131713131619
13071316126213171 5 2 0
1324131013131 5 2 8
130415081240132013121
2
2
0 13051423 13081604 13121616
1324131213041408 1309122
9
1320131212411419
1 6 0 7 13091516
1 5 2 4
1
22
1
1615
1316132113211 6 1 1 1231
1410
150113011613
1 5 3 1
15041620
1608
1 6 0 0
1 5 3 2
1 5 3 6
1 5 1 5
1
2
3
7
1224
1612
123815091421
1601
13161 5 1 6
1
2
2
5
13251235
132115121232
1
2
3
4 131413171413
1 5 2 5
1427 -Not to Scale--Not a Survey-Rev. 12/15/2016
Single Family
Residential
Retail Car
wash
Automobile
Repair
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
View looking east at the subject property, 1515 Stevenson’s Dr South of the subject property
East of the subject property Across the street, to the west of the subject
property
ANX2016-11039
Catherine L. Thomas
1515 Stevenson’s Drive
View looking easterly along Carol Drive View looking southerly along Stevenson’s Drive
View looking north at the subject property, 1316 Woodbine St East of the subject property
West of the subject property Across the street, to the south of the subject
property
ANX2016-11039
JO JOZ LLC
1316 Woodbine Street
View looking westerly along Woodbine Street View looking easterly along Woodbine Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: HDA2016-09001
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Provide direction on the proposed Development Agreement between North Clearwater Beach
Development, LLC (the property owner) and the City of Clearwater, providing for the allocation
of 10 units from the Hotel Density Reserve under Beach by Design and confirm a second
public hearing in City Council Chambers before City Council on March 2, 2017 at 6:00 p.m., or
as soon thereafter as may be heard. (HDA2016-09001)
SUMMARY:
Site Location and Existing Conditions:
The 0.35-acre site is located on the south side of Bay Esplanade approximately 230 feet east
of Poinsettia Avenue. The subject property is comprised of two parcels with a frontage of
approximately 130 feet along Bay Esplanade. The site is occupied by 11 attached dwellings
within two buildings; a one-story and two-story. The subject property is zoned Tourist (T)
District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High
(RFH). The subject property is also located within the Old Florida District of Beach by Design.
Vehicular access to the site is generally provided by a drop curb along Bay Esplanade which
runs along the entire north side of the site providing access to parking spaces which exist at
least partially if not entirely within and back out into the Bay Esplanade right-of-way. Building
frontage is generally located along Bay Esplanade.
The larger area is characterized generally by overnight accommodation and attached dwelling
uses with heights ranging from one to four stories. A hotel 75 feet in height is under
construction immediately to the north of the site across Bay Esplanade.
A dock with five slips is located along the south side of the site. It should be noted that the
dock will only be permitted to be used as an accessory use to the hotel and limited to use by
to registered hotel guests only.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single seven -floor
hotel with 27 hotel rooms (78 units per acre). The 27 proposed units include 17 units
otherwise permitted by the Resort Facilities High Future Land Use classification and an
additional 10 units from the Hotel Density Reserve through Beach by Design. The building will
be 75 feet (from Base Flood Elevation) to roof with the parking on the first floor. The proposal
includes a tropical modern architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via two driveways with one two-way driveway located at the
northeast corner of the property and the second driveway (an ingress-only) located at the
Page 1 City of Clearwater Printed on 2/10/2017
File Number: HDA2016-09001
northwest corner. A service drive is located at the northeast corner of the building along Bay
Esplanade. The primary entrance and lobby of the building will be located along Bay
Esplanade on the second floor.
As noted, the first (ground) floor of the building will contain all 32 required parking spaces as
well as a solid waste component. The second through fourth floors contain five hotel units
each with the remaining three floors containing four rooms each. The fifth floor also includes
an open veranda. The roof level (available for guests only) includes a pool, dog run, fitness
room, restroom, a small bar and a variety of seating and lounging areas.
The existing dock is proposed to remain and will function as an accessory use to the proposed
hotel and will be available only for hotel guests.
It should be noted that the proposal includes the provision of an atypical lobby arrangement
where a small office/registration area is provided at the northwest corner of the second floor .
The registration area will be staffed between 9:00 a.m. and 1:00 p.m. Monday through Friday.
The applicant has provided that an agent will otherwise be available via telephone 24 hours a
day/seven days a week. In short, the proposed lobby consists of a small office area tucked
into a corner of the second floor which will, for the most part, be unstaffed. This point,
specifically, is in direct conflict with the provision of Section V.B.2 of Beach by Design which
provides that a “reservation system shall be required as an integral part of the hotel use and
there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area
for a hotel would be operated”.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 15,175 square feet in area and approximately 130 feet wide. The
proposed lot area and width may be approved as part of a Level Two (FLD) application,
subject to meeting the applicable flexibility criteria of the Community Development Code
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 16 feet along the front (north) along
Bay Esplanade and five feet along all other remaining sides of the site. The conceptual site
plan depicts setbacks to pavement of 10 feet along the front (north) along Bay Esplanade and
zero feet along all other remaining sides of the site. The proposed setbacks may be approved
as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of
the Community Development Code.
Maximum Height:
Section A.1.c of the Old Florida District within Beach by Design specifically addresses height.
The proposal provides for a building 75 feet in height as measured from BFE where a height
of up to 75 feet is permitted for overnight accommodations. The proposed height is also
permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as
approved as part of a Level II Flexible Development application and as otherwise limited by
Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 27-room overnight accommodation use requires a minimum of 32 off-street parking
spaces. A parking garage located on the first levels of the building will provide a minimum of
32 spaces. This is consistent with the applicable Sections of the CDC.
Landscaping:
Page 2 City of Clearwater Printed on 2/10/2017
File Number: HDA2016-09001
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along the street frontage as required by Section A.6 of
the Old Florida District within Beach by Design. Since no perimeter landscape buffers are
otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed
what is required. It is noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal site plan
approval.
Consistency with Beach by Design:
Old Florida District
Section A.1 specifies that overnight accommodations may be permitted up to a height of 75
feet (except for those properties located along Somerset Street). The property is not located
along Somerset Street and a height of 75 feet is proposed.
Section A.2 specifies that a 15 foot front setback is required as are 10 foot side and rear
setbacks. All setbacks are specifically to building. Section A.4 provides that a maximum
reduction of five feet from any required setback (to building) may be possible. The proposal
includes a front setback of 16 feet and five foot setback on all other sides.
Section A.3 provides requirements for stepbacks and setbacks for building exceeding 35 feet
in height. Any development exceeding 35 feet in height shall be required to incorporate a
building stepback on at least one side of the building (at a point of 35 feet). In the case of the
subject property, the stepback is required along the north side of the building along Bay
Esplanade. This section also specifies that a stepback/setback ratio, for this property is one
foot for every 2.5 feet in building height above 35 feet. The additional stepback/setback for
the proposed building is 16 feet. The total required stepback/setback distance for this project
from the front (north) property line is between 26 and 31 feet (depending on if a reduction of
five feet along the front property were requested as provided for in Section A .2). The
applicant has provided a 16 foot setback (to building) and a 15 foot stepback at 35 feet for a
total stepback/setback distance of 31 feet.
Section A.6 requires a 10 foot landscape buffer is along all street frontages where the
proposal includes a landscape buffer area of 10 feet along Bay Esplanade.
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design
Guidelines established in Beach by Design. It is noted, however, that a more formal review of
these Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project is inconsistent
with the criterion which requires the provision of a typical lobby arrangement. The proposed
lobby consists of a small office tucked into a corner of the second floor which will, for the most
part, be unstaffed. Other criteria are met, including that the development comply with the
Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
Page 3 City of Clearwater Printed on 2/10/2017
File Number: HDA2016-09001
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements and is
consistent with the Comprehensive Plan. However, the proposal is in direct conflict with the
provision of Section V.B.2 of Beach by Design which provides that a “reservation system shall
be required as an integral part of the hotel use and there shall be a lobby/front desk area that
must be operated as a typical lobby/front desk area for a hotel would be operated”.
The proposed Development Agreement will be in effect for a period not to exceed ten years,
meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
§Provides for the allocation of 10 units from the Hotel Density Reserve;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§password
§Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a
residential use and requires the recording of a covenant restricting use of such hotel units
to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Page 4 City of Clearwater Printed on 2/10/2017
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HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement")
is dated the _______ day of _______, 20____, and entered into between North Clearwater Beach
Development, LLC, a Florida limited liability company (“Developer”), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of
Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a special area
plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida
Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design;
and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into binding
development agreements with persons having a legal or equitable interest in real property located
within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of
the City of Clearwater Community Development Code ("Code"), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality, family
resort community, and further provided for a limited pool of additional hotel units ("Hotel
Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns approximately 0.348 acres of real property ("Property")
in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, The Property presently is developed with 11 residential units, but the
Developer desires to redevelop the Property to provide 27 overnight accommodation units, with
a pool, tiki bar for hotel guests, fitness room, limited food service facility for hotel guests,
parking with 32 parking spaces and accessory dock with five slips for hotel guests, generally
conforming to the architectural drawings shown in composite Exhibit "B" (collectively, the
improvements are the "Project"); and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
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WHEREAS, upon completion the planned hotel will contain 27 units of overnight
accommodation units, which includes ten (10) units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any
other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
and
WHEREAS, at a duly noticed and convened public meeting on
______________________, 20___, the City Council approved this Agreement and authorized
and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of
the City's goals of enhancing the viability of the resort community and in furtherance of the
objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto intending to be legally bound and in accordance with
the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance
with and under the authority of the Code and the Act, the terms of which as of the date of this
Agreement are incorporated herein by this reference and made a part of this Agreement. Words
used in this Agreement without definition that are defined in the Act shall have the same
meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in Exhibit
"A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High (RFH)
and is zoned Tourist (T) District.
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3.2 The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at 657 and 663 Bay Esplanade Clearwater, FL
33767, as further described in Exhibit "A".
SECTION 4. Scope of Project.
4.1 The Project shall consist of 27 overnight accommodation units. Of the 27
overnight accommodation units, 10 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 32 parking spaces, as defined in the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach
by Design.
4.4 The density of the Project shall be 78 units per acre. In no instance shall the
density of a parcel of land exceed 150 units per acre. The height of the Project shall be 75 feet
measured from Base Flood Elevation, as defined in the Code. The maximum building heights of
the various character districts cannot be increased to accommodate hotel rooms allocated from
the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly recorded in
the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and
Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas
County. The Developer shall pay the cost of such recording. The City shall submit to the
Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14)
days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the benefits of
this Agreement shall inure to the Developer, its successors in interests or assigns.
6.1.2 At the time of development of the Property, the Developer will submit such
applications and documentation as are required by law and shall comply with the Code
applicable at the time of building permit review.
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6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 To retain the grant of Reserve Units provided for herein, the
Property and improvements located thereon shall be developed in substantial
conformance with the Conceptual Site Plan attached as Exhibit "B". Any
modifications determined by the Planning and Development Director as either
inconsistent with attached Exhibit “B” or constituting a substantial deviation from
attached Exhibit “B” shall require an amendment to this Agreement in accordance
with the procedures of the Act and the Code, as necessary and applicable. Any
and all such approved and adopted amendments shall be recorded in the public
records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one (1)
year from the effective date of this Agreement in accordance with the provisions
of the Code, and shall then obtain appropriate permits and certificates of
occupancy in accordance with the provisions of the Code. Nothing herein shall
restrict Developer from seeking an extension of site plan approval or other
development orders pursuant to the Code or state law. In the event that work is
not commenced pursuant to issued permits, or certificates of occupancy are not
timely issued, the City may deny future development approvals and/or certificates
of occupancy for the Project, and may terminate this Agreement in accordance
with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the form
of Exhibit "C", stating that the accommodation use will close as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the
Project, the Developer hereby agrees to execute the covenant of unified use and development for
the Project Site providing that the Project Site shall be developed and used as a single project, the
form of which covenant is attached as Exhibit "D"; provided however, that nothing shall
preclude the Developer from selling all or a portion of the Developer's Property in the event that
Developer determines not to construct the Project. It is understood and agreed that, in the event
that the Developer enters into the anticipated covenant of unified use and development, and the
Developer elects not to construct the Project and notifies the City of its election in writing, and,
alternatively, as of the date of expiration, termination or revocation no rights of Developer
remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the
City shall execute and deliver to the Developer a termination of such covenant of unified use and
development suitable for recording in the Public Records of Pinellas County, Florida.
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6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not
timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve
and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front
desk area for a hotel would be operated. Access to overnight accommodation units must be
provided through a lobby and internal corridor. All units in the hotel shall be made available to
the public as overnight transient hotel guests at all times through the required hotel reservation
system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31)
consecutive days, whichever is less. Units in the hotel shall not be used as a primary or
permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is
used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel Density
Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by
general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the
Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor
amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00
midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is
subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they
may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the
conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 10 units from
the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions
of Section 6.1.5.
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SECTION 7. Public Facilities to Service Development. The following public facilities
are presently available to the Property from the sources indicated below. Development of the
Property will be governed by the concurrency ordinance provisions applicable at the time of
development approval. The requirements for concurrency as set forth in Article 4, Division 9, of
the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be responsible for
all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at the
Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or
its successor’s countywide approach to the application of concurrency management for
transportation facilities, and the transportation analysis conducted for the Project shall include
the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair-share requirements consistent with Florida Statutes
and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of “Constrained Facilities” as set forth in the
most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in Subsections
7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy.
7.7 Developer agrees to provide a cashier’s check, a payment and performance bond,
or letter of credit in the amount of 115% of the estimated costs of the public facilities and
services, to be deposited with the City to secure construction of any new public facilities and
services required to be constructed by this Agreement. Such construction shall be completed
prior to issuance of a Certificate of Occupancy for the Project.
SECTION 8. Required Local Government Approvals. The required local government
development approvals for development of the Property include, without limitation, the
following:
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8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Finding of Consistency. The City finds that development of the Property
is consistent with the terms this Agreement and is consistent with the City Comprehensive Plan
and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this Agreement
are not followed in a timely manner, as reasonably determined by the City Manager, after notice
to the Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its
obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this
Agreement by the City, at the discretion of the City and after notice to the Developer and an
opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination, until
ten (10) years after the date of this Agreement, the City may apply laws and policies adopted
subsequently to the Effective Date of this Agreement if the City has held a public hearing and
determined:
(a) They are not in conflict with the laws and policies governing the Agreement
and do not prevent development of the land uses, intensities, or densities in
the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state
that they shall apply to a development that is subject to a development
agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in pertinent
conditions existing at the time of approval of this Agreement; or
(e) This Agreement is based on substantially inaccurate information provided by
the Developer.
SECTION 12. Compliance with Law. The failure of this Agreement to address any
particular permit, condition, term or restriction shall not relieve the Developer from the necessity
of complying with the law governing such permitting requirements, conditions, terms or
restrictions.
SECTION 13. Notices. Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally recognized
8
overnight courier service such as Federal Express, or by certified mail, return receipt requested,
addressed as follows (copies as provided below shall be required for proper notice to be given):
If to the Developer: North Clearwater Beach Development, LLC
P.O. Box 4189
Clearwater, FL 33758
With Copy to: Northside Engineering Services, Inc
300 South Belcher Road
Clearwater, FL 33765
If to City: City of Clearwater
Attn: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed delivered and
received on the day of hand delivery, the next business day after deposit with an overnight
courier service for next day delivery, or on the third (3rd) day following deposit in the United
States mail, certified mail, return receipt requested. The parties may change the addresses set
forth above (including the addition of a mortgagee to receive copies of all notices), by notice in
accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign
or otherwise dispose of any or all of its right, title, interest and obligations in and to the
Project, or any part thereof, only with the prior written notice to the City, provided that
such party (hereinafter referred to as the "assignee"), to the extent of the sale,
conveyance, assignment or other disposition by the Developer to the assignee, shall be
bound by the terms of this Agreement the same as the Developer for such part of the
Project as is subject to such sale, conveyance, assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations in and
to the Project, or any part thereof assumes all of the Developer's obligations hereunder for
the Project, or that part subject to such sale, conveyance, assignment or other disposition,
then the Developer shall be released from all such obligations hereunder which have been
so assumed by the assignee, and the City agrees to execute an instrument evidencing such
release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liability company, general partnership, or joint
venture, in which the Developer (or an entity under common control with Developer) has
either the controlling interest or through a joint venture or other arrangement shares equal
9
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that notice of
such assignment shall be given by the Developer to the City not less than thirty (30) days
prior to such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any one Parcel shall in any way be
obligated or responsible for any of the Developer's obligations with respect to any other
Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit of the City, and its successors and assigns, and the Developer and, as applicable to the
parties comprising Developer, their personal representatives, trustees, heirs, successors and
assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have
failed to comply with the terms of this Agreement in the event such noncompliance, in the
judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of this
Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably withheld,
delayed or conditioned. All such approvals and consents shall be requested and granted in
writing.
SECTION 18. Completion of Agreement. Upon the completion of performance of this
Agreement or its revocation or termination, a statement evidencing such completion, revocation
or termination shall be signed by the parties hereto and recorded in the official records of the
City.
SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits
attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits
were set forth in full in the body of this Agreement), constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this Agreement
are inserted for convenient reference only and do not define or limit the scope or intent and
should not be used in the interpretation of any section, subsection or provision of this
Agreement. Whenever the context requires or permits, the singular shall include the plural, and
10
plural shall include the singular and any reference in this Agreement to the Developer includes
the Developer's successors or assigns. This Agreement was the production of negotiations
between representatives for the City and the Developer and the language of the Agreement
should be given its plain and ordinary meaning and should not be strictly construed against any
party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible
to more than one interpretation, one or more of which render it valid and enforceable, and one or
more of which would render it invalid or unenforceable, such term or provision shall be
construed in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable, the
remainder of this Agreement, including any valid portion of the invalid term or provision and the
application of such invalid term or provision to circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this
Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if
such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the
benefits sought to be received hereunder are frustrated, such party shall have the right to
terminate this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the
City which are of general application not governing the development of land shall be applicable
to the Property, and such modifications are specifically anticipated in this Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and construed
in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of
which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements of the
Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and
year first above written.
In the Presence of:
______________________________
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management, Inc.,
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Print Name:____________________
______________________________
Print Name:____________________
As to "Developer"
a Florida corporation, Manager
By:___________________________________
Anthony Menna, as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ___ day of
_________________, 20____, by Anthony Menna, as President of Menna Development &
Management, Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
company, who is [__] personally known to me, or who [__] has produced
__________________________________ as identification.
_____________________________________
Notary Public
Print Name: ___________________________
My Commission Expires:_____________
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CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Camilo A. Soto,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 20____, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 20___, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
14
EXHIBIT “A”
Legal Description
Lots 4 and 5, Block 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the
map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48,
Public Records of Pinellas County, Florida.
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EXHIBIT “B”
See attached Conceptual Site Plan and Architectural Drawings
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EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the _____ day of ________________, 20___, by North Clearwater Beach
Development, LLC, a Florida limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution __________, passed and approved on
____________, 20___, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
17
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 10 units, which is the number of hotel units allocated to Developer from
the Hotel Density Reserve, shall be used solely for transient occupancy of one
month or thirty (30) consecutive days or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a single licensed
operator of the hotel. All other units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent residence.
Access to overnight accommodation units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated. All hotel units shall
be required to be submitted to a rental program requiring all hotel units to be
available for members of the public as overnight hotel guests on a transient basis
at all times. No unit shall have a complete kitchen facility as that term is used in
the definition of “dwelling unit” in the Code. Developer shall make available for
inspection to authorized representatives of the City its books and records
pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm
compliance with these regulations as allowed by general law. The Developer
agrees to comply with the Design Guidelines as set forth in Section VII. of Beach
by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to such
terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
18
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to be invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
_____ day of ______________, 20___.
In the Presence of:
______________________________
Print Name:
____________________
______________________________
Print Name:
____________________
As to "Developer"
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management, Inc.,
a Florida corporation, Manager
By:___________________________________
Anthony Menna, as its President
19
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ___ day of
_________________, 20___, by Anthony Menna, as President of Menna Development &
Management, Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
company, who is [__] personally known to me, or who [__] has produced
__________________________________ as identification.
_____________________________________
Notary Public
Print Name: ___________________________
My Commission Expires:_____________
20
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Camilo A. Soto,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 20___, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
21
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 20___, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
22
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
__________________________________________
__________________________________________
_________________________________________
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of
_____________, 20___, by North Clearwater Beach Development, LLC, a Florida limited
liability company_______________________________ ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated ___________, 20___ (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a hotel project, as described in the Agreement. The restrictions set forth in the
preceding sentence shall expire automatically when and if Developer's allocation of additional
hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement
shall require Developer to develop the Project or restrict Developer's ability to sell, assign,
transfer or otherwise convey its right in and to the Real Property or any portion or portions
23
thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce
the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this
_____ day of ______________, 20___.
In the Presence of:
______________________________
Print Name:____________________
______________________________
Print Name:____________________
As to "Developer"
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC, a Florida limited
liability company
By: Menna Development & Management, Inc.,
a Florida corporation, Manager
By:___________________________________
Anthony Menna, as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ___ day of
_________________, 20____, by Anthony Menna, as President of Menna Development &
Management, Inc., a Florida corporation, on behalf of the corporation as the Manager of North
Clearwater Beach Development, LLC, a Florida limited liability company, on behalf of the
company, who is [__] personally known to me, or who [__] has produced
__________________________________ as identification.
_____________________________________
Notary Public
Print Name: ___________________________
24
My Commission Expires:____________
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Camilo A. Soto,
Assistant City Attorney
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
______________, 20___, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
25
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 20___, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
26
Schedule “A”
Lots 4 and 5, Block 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the
map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48,
Public Records of Pinellas County, Florida.
CONCEPTUAL CIVIL SITE DATA
C1.1Revisions:Project # NorthsideIssue Date:CA # 31306
N tor shide
Civil · Land Planning · Traffic Studies ·Landscape
Due Diligence Reports ·Land Use ·Re-Zoning
Stormwater Management ·Utility Design
Construction Administration
300 South Belcher Road, Clearwater, Florida 33765
Tel: 727-443-2869 Fax: 727-446-8036
tech@northsideengineering.net
Est. 1989
Engineering , Inc.Engineering ,Inc.Donald B. Fairbairn, P.E. #44971 PALAZZO HOTEL - CLEARWATER
161412/22/16657 & 663 BAY ESPLANADECLEARWATER BEACH, FL 33767
HDA2016-09001 SECTION 05, TOWNSHIP 29S, RANGE 15EPINELLAS COUNTY, FLORIDA. 05-29-15-54756-077-0040 NORTHCIVIL ENGINEER/PLANNER:SURVEYOR:AGENCY RESPONSE STAMPSDESIGN PROFESSIONALSFLOOD ZONE INFORMATIONUTILITIES PROVIDERSWATER :SEWER:FIRE:ELECTRIC:GAS:CABLE:CLEARWATERDUKE ENERGYCLEARWATERBRIGHTHOUSE / VERIZONCLEARWATERCLEARWATERAERIAL MAPLOCATION MAPGEOTECH:ARCHITECTAPPARENT FLOOD HAZARD ZONE: "AE" COMMUNITY PANEL No.120596 0102G EFFECTIVE DATE: 09/23/2003, EL. 11.00CITY OF CLEARWATER05-29-15-54756-077-0050C1.1CIVIL SITE DATAINDEX OF SHEETSC2.219' VEHICLE AUTO TURN SITELOCATIONSITELOCATIONSITE DATALEGAL DESCRIPTIONLot 4 and 5, Block 77, MANDALAY UNIT NO. 5 REPLAT OFBLOCK 77, according to map OR PLAT THEREOF, ASRECORDED IN PLAT BOOK 20, PAGE 48, OF THE PUBLICRECORDS OF PINELLAS COUNTY, FLORIDA.C2.1DEVELOPMENT AGREEMENT SITE PLANZ:\2016 AutoCAD Projects\1614 - Palazzo Clearwater - Menna (aka 0520)\Drawings\Design Drawings\COVER08.01.16.dwg, 1/6/2017 10:26:06 AM
DEVELOPMENT AGREEMENT SITE PLAN
C2.1Revisions:Project # NorthsideIssue Date:CA # 31306
N tor shide
Civil · Land Planning · Traffic Studies ·Landscape
Due Diligence Reports ·Land Use ·Re-Zoning
Stormwater Management ·Utility Design
Construction Administration
300 South Belcher Road, Clearwater, Florida 33765
Tel: 727-443-2869 Fax: 727-446-8036
tech@northsideengineering.net
Est. 1989
Engineering , Inc.Engineering ,Inc.Donald B. Fairbairn, P.E. #44971 PALAZZO HOTEL - CLEARWATER
161412/22/16657 & 663 BAY ESPLANADECLEARWATER BEACH, FL 33767
HDA2016-09001 NORTHZ:\2016 AutoCAD Projects\1614 - Palazzo Clearwater - Menna (aka 0520)\Drawings\Design Drawings\Site paln 1-04-2017.dwg, 1/6/2017 10:25:25 AM
19' VEHICLE AUTO TURN
C2.2Revisions:Project # NorthsideIssue Date:CA # 31306
N tor shide
Civil · Land Planning · Traffic Studies ·Landscape
Due Diligence Reports ·Land Use ·Re-Zoning
Stormwater Management ·Utility Design
Construction Administration
300 South Belcher Road, Clearwater, Florida 33765
Tel: 727-443-2869 Fax: 727-446-8036
tech@northsideengineering.net
Est. 1989
Engineering , Inc.Engineering ,Inc.Donald B. Fairbairn, P.E. #44971 PALAZZO HOTEL - CLEARWATER
161412/22/16657 & 663 BAY ESPLANADECLEARWATER BEACH, FL 33767
HDA2016-09001 NORTHZ:\2016 AutoCAD Projects\1614 - Palazzo Clearwater - Menna (aka 0520)\Drawings\Design Drawings\Site paln 1-04-2017.dwg, 1/6/2017 10:24:59 AM
PAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
10'-0"7'-0"5'-0"10'-6"UPUPDNDNPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
UPUPDNDNPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
UPUPDNDNPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
UPUPDNDNPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
DNDNDNPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
5'-0"66'-0"87' - 0"Elevator Tower71' - 0"67' - 0"Level 7 Ceiling57' - 6"Level 748' - 0"Level 638' - 6"Level 529' - 0"Level 419' - 6"Level 310' - 0"Level 20' - 0"Ground Level71'-0"10'-0"
16'-0"
75'-0"
9'-0"81' - 0"Stair TowerLevel 8Top of BuildingPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
Ground LevelLevel 210' - 0"Level 319' - 6"Level 429' - 0"Level 538' - 6"Level 648' - 0"Level 757' - 6"Level 7 Ceiling67' - 0"71' - 0"Elevator Tower87' - 0"71'-0"
5'-0"66'-0"
10'-0"
16'-0"
75'-0"
9'-0"81' - 0"Stair TowerLevel 8Top of BuildingPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
87' - 0"Elevator Tower71' - 0"67' - 0"Level 7 Ceiling57' - 6"Level 748' - 0"Level 638' - 6"Level 529' - 0"Level 419' - 6"Level 310' - 0"Level 20' - 0"Ground Level71'-0"
5'-0"66'-0"
10'-0"
16'-0"
75'-0"
9'-0"81' - 0"Stair TowerLevel 8Top of BuildingPAGEOF10DATE REV. DATE6/14/16JOB#16-143CDRAWN BY-CHECK BY- RODNEY L. COLLMAN AIA
AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
81' - 0"Stair Tower87' - 0"Elevator Tower71' - 0"67' - 0"Level 7 Ceiling57' - 6"Level 748' - 0"Level 638' - 6"Level 529' - 0"Level 419' - 6"Level 310' - 0"Level 20' - 0"Ground Level71'-0"
5'-0"66'-0"
10'-0"
16'-0"Level 875'-0"
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AR 0008372
dg ARCHITECTURE
793 San Christopher Drive Suite A Dunedin, Fl 34698
727-736-5463PALAZZO mcmrlc11/28/16SCALEAS NOTEDbid/progress setPermitting SetProduction Run
1
Palazzo
657 & 663 Bay Esplanade
Narrative
Request
Approval of a Development Agreement for the allocation of 10 hotel units from the Hotel Density
Reserve under Beach by Design to permit a 27-unit Overnight Accommodations use in the Tourist (T)
District, under the provisions of CDC Section 4-606.C.1.
Proposal
The applicant proposes to redevelop the site at 657 and 663 Bay Esplanade with a new overnight
accommodation use with 27 units. A total of 10 hotel units are requested to be allocated from the Hotel
Density Reserve for this development. The site is presently developed with a total of 11 attached
dwelling units, all which will be demolished for the new building and site improvements. There exists a
dock with five slips on submerged land proposed to be retained as an accessory use to the hotel and for
the sole use of its guests. The proposed hotel will offer a coastal modern architectural design for
travelers looking for a mid-priced hotel with limited services. The design provides a seven-story hotel
with six levels of hotel rooms over ground level parking at a building height of 75 feet from Base Flood
Elevation (BFE). An accessory swimming pool with restrooms, fitness room and small bar/grill area for
use of the hotel guests is located on the roof deck. Limited food service may be provided for guests only
(not open to the general public). An office/registration desk with lobby is located on Floor 2. All guest
rooms are accessed through internal corridors. A total of 32 parking spaces, meeting the required
amount of parking spaces, are provided on the ground floor. This proposed hotel is expected to
generate approximately 10 new jobs.
The site is located within the area designated by Beach by Design as the Old Florida District. Beach by
Design identifies this area as an area of transition between resort uses in Central Beach to the low
intensity residential neighborhoods to the north of Acacia Street. The mix of uses primarily includes
residential, recreational, overnight accommodations and institutional uses. To that end, Beach by Design
supports the development of new overnight accommodations, attached dwellings and resort attached
dwellings throughout the District with limited retail/commercial and mixed use development fronting
Mandalay Avenue between Bay Esplanade and Somerset Street. The proposed Overnight
Accommodations project fits well into this vision of this District.
Site Location and Existing Conditions
The subject site is comprised of two platted lots with a total lot area of 0.348 acre. The site is located
approximately 220 feet east of Poinsettia Avenue and 400 feet south of Somerset Street. The site has
132 feet of frontage. The subject site is currently developed with a total of 11 attached dwelling units, all
which will be removed for the new structure. There exists a dock with five slips as an accessory use,
which will remain with the proposed overnight accommodation use for the sole use of its guests. The
subject property is zoned Tourist (T) District with a Future Land Use Plan (FLUP) category of Resort
Facilities High (RFH) and is located in the Old Florida District of Beach by Design.
2
Compliance with the Flexible Development Standards of CDC Table 2-803 and other CDC
Requirements
Density – The maximum density permissible for overnight accommodations in the Tourist (T) District is
50 units per acre. Based on this maximum permissible density of 50 units per acre and a lot area of
0.348 acre, this produces a maximum number of units of 17.4 units. The proposed Development
Agreement requests 10 overnight accommodation units from the Hotel Density Reserve. The overall
density with a total of 27 overnight accommodation units will be 77.6 units per acre, which is less than
the 90 units per acre permitted under the Hotel Density Reserve.
Minimum Lot Area and Width – The minimum lot area for an overnight accommodation use is 10,000 –
20,000 square feet, pursuant to CDC Table 2-803. The subject site area is 15,175 square feet, which is
within the lot area requirements of this standard for overnight accommodations. The minimum lot
width for an overnight accommodation use is 100 – 150 feet, pursuant to CDC Table 2-803. The subject
site has a lot width of 132 feet (measured at the front setback of 15 feet) along Bay Esplanade, which is
within the lot width requirements of this standard for overnight accommodations.
Minimum Setbacks and Stepbacks – The setbacks for an overnight accommodation use pursuant to CDC
Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a
minimum rear setback of 0 – 20 feet. However, Beach by Design sets a minimum front setback of 15
feet, a side setback of 10 feet and a rear setback of 10 feet for all development in the Old Florida
District, which governs over the CDC requirements. The Old Florida District provides a maximum
reduction of five feet from any required setback if the decreased setback results in an improved site
plan, landscaping areas in excess of the minimum required and/or improved design and appearance.
Section D of the Design Guidelines of Beach by Design states that there should be a 12-foot setback to
structures along local streets (which includes Bay Esplanade). The proposal includes a new building and
site improvements with a front (north) setback of 16 feet to the building and 10 feet to pavement. The
proposal also includes a side (east) setback of five feet to the building and pavement. A side (west)
setback of five feet to the building and pavement is provided. Finally, the proposal includes a rear
(south) setback of 10 feet to the building and five feet to pavement.
Bay Esplanade adjacent to this site is an east/west orientation requiring a building stepback on the
either the east or west side (Section 3.c of the Old Florida District of Beach by Design). A building
stepback, based on the proposed building height above 35 feet above Base Flood Elevation (BFE), of
10.8 feet is required and 11.5 feet is provided on the west side for floors 5 – 7. The Old Florida District
also requires a stepback or an increased setback on the front of the building, where 16 feet is required
for buildings over 35 feet in height above BFE. The proposal is for a front stepback of 15 feet to the
building and, when combined with the provided setback of 16 feet, provides for a total stepback of 31
feet above the 35 feet in height above BFE, complying with the requirements.
Maximum Height – The maximum building height for an overnight accommodation use is between 35 –
100 feet, pursuant to CDC Table 2-803. The proposal includes a building height of 75 feet to the top of
roof deck from BFE for the flat roofed restrooms, fitness room, architectural grid pergola and tent
structure on the roof level of the proposed building, which is within the maximum allowable height
range of Table 2-803. The maximum allowable height for overnight accommodation uses in the Old
Florida District of Beach by Design is 75 feet above BFE, where the proposal does not exceed the
maximum allowable.
3
Minimum Off-Street Parking – The minimum required parking for an overnight accommodation use is
1.0 – 1.2 parking spaces per unit. There are a total of 27 units proposed, with a requirement of between
27 – 32 parking spaces. A total of 32 parking spaces are proposed with this request. Most guests are
anticipated to not bring a vehicle to the hotel, but will walk, use taxis or public transportation to access
other areas of the beach and downtown while staying at the hotel. The Trolley traverses Bay Esplanade
and currently picks up guests in front of this site.
Mechanical Equipment – Mechanical equipment will be located on the east and west sides of the
building on the fourth level of hotel rooms (overall Level 5) and will be adequately screened from view
from adjacent properties and rights-of-way by solid screening. The screening of mechanical equipment
will be reviewed at time of the building permit submission.
Sight Visibility Triangles – CDC Section 3-904.A restricts structures and landscaping which will obstruct
views at a level of 30 inches and eight feet above grade within 20-foot sight visibility triangles at
driveways and street intersections. A two-way driveway is proposed on the east side of Bay Esplanade
providing access to the ground-level parking area, as well as a one-way entrance on the west side of Bay
Esplanade. The building is not located within the visibility triangles between 30 inches and eight feet
above grade and planted landscaping will be maintained to meet this requirement. CDC Section 3-904.B
requires a 20-foot waterfront sight visibility triangle at the southeast and southwest corners of the
property. The proposed building does not encroach into the waterfront sight visibility triangles. Only a
non-opaque fence will be provided and no landscaping other than sod will be planted within the
waterfront sight visibility triangles in compliance with this Code provision.
Utilities – For development that does not involve a subdivision, CDC Section 3-912 requires all utilities
including individual distribution lines to be installed underground unless such undergrounding is not
practicable. This site is served by existing overhead utility lines located across Bay Esplanade adjacent to
the hotel under construction at 650 Bay Esplanade, where the applicant is unaware of any requirement
to underground these existing overhead utilities across Bay Esplanade. All on-site utilities serving this
development will be placed underground. Undergrounding of the off-site overhead utilities along the
site frontage is impracticable for this site and should rather be part of an overall, coordinated
undergrounding of overhead utilities project for all affected properties along Bay Esplanade, where
property owners would be assessed the cost of such undergrounding. Due to economies of scale, such
coordinated undergrounding would be less expensive on an overall basis rather than property owners
bearing the full cost of piecemeal undergrounding on an individual basis. The visual effect of piecemeal
undergrounding would also be unappealing. No other property redeveloped under the provisions of the
CDC along Bay Esplanade, or neither any property redeveloped under the provisions of the CDC along
Brightwater Drive, nor any small, individual property in the entire City has been required to
underground similar overhead utilities for their parcel. While undergrounding the overhead utilities for
132 feet may be “feasible”, such would be burdensome financially to the applicant and unfairly
penalizes properties that redevelop in accordance with Code provisions. Those properties that never
redevelop would never be required to underground adjacent overhead utilities, adding to the visually
unappealing visual aspect of overhead utilities. A coordinated approach deals with all affected
properties on an “equal” basis and improves the visual appeal of the entire area for the general welfare
of the public. A coordinated approach has been utilized on other areas of the beach, such as South
Gulfview Boulevard and Coronado Drive.
Landscaping – For developments in the Old Florida District of Beach by Design, the development
requirements set forth in the Old Florida District supersede any conflicting standards in the Design
4
Guidelines of Beach by Design and the Community Development Code (CDC). The Old Florida District
requires a 10-foot landscape buffer along the street frontage of Bay Esplanade. The proposal provides a
10-foot landscape buffer along the street frontage, in compliance with this Old Florida District
requirement. It is important to note that there are otherwise no perimeter buffers required in the T
District for this site, pursuant to CDC Section 3-1202.D. A six-foot high white vinyl fence is proposed
along the east and west sides of the property, except within the waterfront visibility triangles where the
fencing must be non-opaque. A one-foot landscape area is provided along the east and west property
lines due to a required egress sidewalk from the stairwells, as well as the new six-foot high vinyl fence.
The landscape area expands to five feet along the east and west property lines south of the required
stairwell egress sidewalks. A landscape area of a minimum of five feet is provided along the south
property line. Due to Fire Department requirements for access in the event of a fire, only sod is allowed
along the east and west property lines. The landscape buffers along the east and west sides will be
planted with palms, shrubs and ground covers, as allowed by the Fire Department, to soften the building
facades and enhance the visual appeal of this site from the adjacent properties. Flexibility for setbacks
required in the Old Florida District of Beach by Design allow for reduced setbacks where the proposal
results in landscaping in excess of the minimum required. The only landscape buffer required is along
the frontage of Bay Esplanade. Again, since there are no perimeter buffers required in the T District, the
landscape areas along the east, west and south portions of the property could be planted with a
minimum of grass. It is the applicant’s position that the landscaping provided along the street frontage,
as well as the south portion of the site, are being planted in excess of the minimum required landscaping
and therefore justifies the requested reductions to setbacks (also due to Fire Department access
requirements that restrict landscaping to only sod along the east and west sides).
Solid Waste – The proposal includes a trash room within the proposed building. Roll-out dumpsters will
be moved to a dumpster staging area on trash collection days only. The trash staging area will not be
fenced or walled. After the trash is collected by the City, the dumpsters will be returned to the trash
room.
Signage – Only attached signage is proposed with this submittal. All proposed signage will meet all
applicable requirements of the CDC and Beach by Design. If necessary, a Comprehensive Sign Program
will be submitted prior to signage permits.
Compliance with the Standards of Section V.B.2 of Beach By Design for the Allocation of Hotel Units
from the Hotel Density Reserve
1. Those properties and/or developments that have acquired density from the Destination
Resort Density Pool are not eligible to have rooms allocated from the Reserve;
Response: The subject property has not previously received, nor is not requesting such with this
application, density from the Destination Resort Density Pool. Therefore, this criterion is not
applicable to this proposal.
2. Those properties and/or developments that have had density transferred off to another
property and/or development(s) through an approved Transfer of Development Rights (TDR)
application by the City after December 31, 2007, are not eligible to have rooms allocated from
the Reserve;
5
Response: The subject property has not had any density transferred to another property and/or
development. Therefore, this proposal is in compliance with this criterion.
3. The Hotel Density Reserve shall not be used to render nonconforming density conforming;
Response: The maximum density permissible for overnight accommodations in the Tourist (T)
District is 50 units per acre. Based on this maximum permissible density of 50 units per acre and
a lot area of 0.348 acre, this produces a maximum number of units of 17.4 units. The proposed
Development Agreement requests 10 overnight accommodation units from the Hotel Density
Reserve. The overall density of 27 overnight accommodation units will be 77.6 units per acre,
which is less than the 90 units per acre permitted under the Hotel Density Reserve. Therefore,
this proposal is in compliance with this criterion.
4. A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a
lot size less than 2.5 acres. Those developments with a lot size greater than or equal to 2.5
acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no
instance shall the density of a parcel of land exceed 150 units per acre regardless of whether it
has received benefit of transfers of development rights or units through a termination of
status of nonconformity in addition to the Reserve, or not;
Response: The subject site is comprised of two platted lots with a total lot area of 0.348 acre. . A
total of 10 hotel units are requested to be allocated from the Hotel Density Reserve for this
development. Therefore, this proposal is in compliance with this criterion.
5. Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require
compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land
Use category;
Response: Only a small fitness room, restrooms and small open-air bar/grill area are being
provided on the roof level of this overnight accommodation use for use of the hotel guests. A
roof-top pool is provided. Limited food service may be provided for guests only (not open to the
general public). Storage lockers are being provided on hotel levels 3 and 4 to allow recurring
guests to store beach chairs, umbrellas, skim boards and like personal items that will not be
available to general hotel guests. Therefore, this proposal is in compliance with this criterion.
6. No hotel room allocated from the Reserve may be converted to a residential use (i.e. attached
dwelling);
Response: The applicant acknowledges the requirement of this criterion. Therefore, this
proposal is in compliance with this criterion.
7. All units in a hotel receiving units from the Reserve shall be made available to the public as
overnight transient hotel guests at all times through the required hotel reservation system.
Occupancy in any hotel receiving units from the Reserve is limited to a term of less than one
(1) month or thirty-one (31) consecutive days, whichever is less and units in such a hotel shall
not be used as a primary or permanent residence;
6
Response: The applicant acknowledges and will comply with the requirement of this criterion
for a hotel reservation system. Therefore, this proposal is in compliance with this criterion.
8. No hotel room in a hotel allocated units from the Reserve may have a full kitchen. Mini
kitchens, defined as including reduced sized kitchen appliances, may be permitted;
Response: Only kitchenettes will be provided in all units. Therefore, this proposal is in
compliance with this criterion.
9. The maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Reserve;
Response: The maximum building height in the Old Florida District for Overnight
Accommodation uses is 75 feet. The proposed building height is 75 feet. Therefore, this proposal
is in compliance with this criterion.
10. When both the allocation of hotel rooms from the Reserve and the transfer of development
rights (TDR) are utilized as part of a development, only hotel rooms brought in to the project
through the TDR process are eligible to be constructed above the otherwise maximum
building height, but only provided that all TDR criteria are met;
Response: The maximum building height in the Old Florida District for Overnight
Accommodation uses is 75 feet. The proposed building height is 75 feet. There are no units
being brought into the project through the TDR process, therefore this criterion is not applicable
to this proposal.
11. A legally enforceable mandatory evacuation/closure covenant that the overnight
accommodation use will be closed as soon as practicable after a hurricane watch that includes
Clearwater Beach is posted by the National Hurricane Center;
Response: The applicant will comply with this criterion prior to the issuance of a Certificate of
Occupancy. Therefore, this proposal is in compliance with this criterion.
12. Access to overnight accommodation units must be provided through a lobby and internal
corridors;
Response: An office/registration desk and lobby/seating area is provided on the first level of the
hotel units on the west side (Level 2) and all hotel units are accessed through internal corridors.
Therefore, this proposal is in compliance with this criterion.
13. All hotel rooms obtained from the Reserve that are not constructed shall be returned to the
Reserve;
Response: The applicant acknowledges the requirement of this criterion. Therefore, this
proposal is in compliance with this criterion.
14. The development shall comply with the Metropolitan Planning Organization’s (MPO)
countywide approach to the application of concurrency management for transportation
7
facilities, and the transportation analysis conducted for the development shall include the
following:
Recognition of standard data sources as established by the MPO;
Identification of level of service (LOS) standards for state and county roads as established
by the MPO;
Utilization of proportional fair-share requirements consistent with Florida Statues and the
MPO model ordinance;
Utilization of the MPO Traffic Impact Study Methodology; and
Recognition of the MPO designation of “Constrained Facilities” as set forth in the most
current MPO Annual Level of Service Report.
Response: A Traffic Impact Study has been submitted and is in compliance with adopted Levels
of Service. Therefore, this proposal is in compliance with this criterion.
15. A reservation system shall be required as an integral part of the hotel use and there shall be a
lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel
would be operated; and
Response: An office/front desk for check-in of guests has been provided on the first level of the
hotel rooms (Level 2), along with a lobby and seating. A reservation system will be utilized as
part of this hotel. Therefore, this proposal is in compliance with this criterion.
16. The books and records pertaining to use of each hotel room shall be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with these regulations as allowed by general law.
Response: The applicant will comply with this criterion. Therefore, this proposal is in compliance
with this criterion.
1
Beach by Design Narrative
1
Palazzo
657 & 663 Bay Esplanade
Beach by Design Criteria
Conformance with the Design Guidelines, intended to be administered in a flexible manner to achieve
the highest quality built environment for Clearwater Beach, is discussed below. The Design Guidelines
are not intended to serve as regulations requiring specific relief, except with regard to building height
and spacing between buildings exceeding 100 feet in height. This project lies within the Old Florida
District of Beach by Design, where the development requirements set forth in the Old Florida District
supersede any conflicting standards in the Design Guidelines and the Community Development Code
(CDC).
Section A – Density
Design Response:
The maximum density permissible for overnight accommodations in the Tourist (T) District is 50 units
per acre. Based on this maximum permissible density of 50 units per acre and a lot area of 0.348 acre,
this produces a maximum number of units of 17.4 units. The proposed Development Agreement
requests 10 overnight accommodation units from the Hotel Density Reserve. The overall density of 27
overnight accommodation units will be 77.6 units per acre, which is less than the 90 units per acre
permitted under the Hotel Density Reserve. Therefore, this provision is supported by this proposal.
Section B – Height and Separation
Design Response:
Section B.1 – Height
The Design Guidelines provide that a height up to 150 feet may be permitted where additional density is
allocated to the development either by TDRs, or via the Destination Resort Density Pool, or via the Hotel
Density Reserve with location standards. However, the Old Florida District of Beach by Design restricts
the height of an overnight accommodation use to a maximum of 75 feet. The proposal includes a
building height of 75 feet to the top of roof deck from BFE for the flat roofed restrooms, fitness room,
architectural grid pergola and tent structure on the roof level of the proposed building, where the
proposed overnight accommodation building height does not exceed that permissible in the Old Florida
District. Therefore, this Guideline is being met by this proposal.
Section B.2 – Separation
The Design Guidelines require that portions of any structures which exceed 100 feet in height are
spaced at least 100 feet apart and also provide for overall separation requirements for all buildings
which exceed 100 feet in height. The maximum building height in the Old Florida District for overnight
accommodations is 75 feet and the proposal is for 75 feet. Therefore, this Guideline is not applicable to
the proposal.
Section B.3 – Floor Plate
The Design Guidelines require the floorplate of any building exceeding 45 feet in height, with the
exception of parking levels, be no greater than 25,000 square feet and also requires reduced floorplates
exceeding 100 feet in height. The largest floorplate above 45 feet is approximately 6,500 square feet
2
and there is no portion of the building above 100 feet above BFE. Therefore, this Guideline is not
applicable to the proposal.
Section C – Design, Scale and Building Mass
Design Response:
Section C.1 – Building Dimensions
The Design Guidelines require buildings with a footprint of greater than 5,000 square feet or a single
dimension greater than 100 feet be constructed so that no more than the two of the three building
dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is
approximately 7,100 square feet. The proposed building is less than 100 feet in length along the east
and west sides. The north and south sides exceed an overall building dimension of over 100 feet. The
height is 75 feet. The proposal has been designed utilizing multiple dimensions to ensure that no more
than two of the three building dimensions in the vertical or horizontal planes are equal in length.
Therefore, this provision is supported by this proposal.
Section C.2 – Building Plane Length
The Design Guidelines require no plane or elevation to continue uninterrupted for greater than 100 feet
without an offset of more than 100 feet. No portion of the proposed building façade continues for more
than 100 feet, except for along the south building line where unenclosed balconies are proposed. The
applicant desires the balconies to be uniform in depth to ensure all units have an equal depth of the
balcony and for construction efficiencies. The building incorporates a series of articulation of the
fenestration with various horizontal dimensions of the façade, where only the southern building facade
exceeds 100 feet. Conformance with the Design Guidelines, intended to be administered in a flexible
manner to achieve the highest quality built environment for Clearwater Beach, is discussed below. The
Design Guidelines are not intended to serve as regulations requiring specific relief, except with regard to
building height and spacing between buildings exceeding 100 feet in height. Therefore, it is the
applicant’s position that this provision is supported by this proposal. This Design Guideline will be more
fully addressed when a Flexible Development (FLD) application is submitted for Community
Development Board (CDB) approval.
Section C.3 – Windows and Building Decoration
The Design Guidelines require at least 60 percent of any elevation to be covered with windows or
architectural decoration. The front (north) elevation proposes 68% coverage, the east and west side
elevations propose 23% coverage and the rear (south) elevation proposes 65% coverage. All elevations
will comply with this guideline for glazing and building decoration and will be reviewed in more detail at
the Flexible Development (FLD) application stage. Again, the Design Guidelines are not intended to serve
as regulations requiring specific relief. Therefore, this provision is supported by this proposal.
Section C.4 – Building Envelope
The Design Guidelines provides that no more than 60 percent of the theoretical maximum building
envelope located above 45 feet will be occupied by a building. The proposal is for six levels of units
above ground level parking with a building height of 75 feet. That area above 45 feet represents less
than 60 percent of theoretical maximum building envelope. Therefore, this provision is supported by
this proposal.
3
Section C.5 – Building Height and Mass Correlation
The Design Guidelines require that the height and mass of buildings be correlated to: (1) the
dimensional aspects of the parcel and (2) adjacent public spaces such as streets and parks. The adjacent
Bay Esplanade right-of-way width is 60 feet. The closest point of the building to the front (north)
property line is 16 feet, which is stairwells and office/lobby/utility rooms. The enclosed hallway and
veranda to the units for Levels 2 – 4 and the veranda for Level 5 is set back a minimum of 19 feet from
the front property line. The interior corridors accessing units on Levels 5 – 7 is set back 31 feet from the
front property line. Therefore, this provision is supported by this proposal.
Section C.6 – Mix of Uses
The Design Guidelines permit buildings to be designed for a vertical or horizontal mix of permitted uses.
The proposal is for a single use: overnight accommodations. Therefore, this provision is supported by
this proposal.
Section D – Setbacks and Stepbacks
Design Response:
Section D.1 – Rights-of-way
The Design Guidelines provide for the distances from structures to the edge of the right-of-way should
be 12 feet along local streets. For developments in the Old Florida District of Beach by Design, the
development requirements set forth in the Old Florida District supersede any conflicting standards in
the Design Guidelines of Beach by Design and the Community Development Code (CDC). The minimum
required setbacks in the Old Florida District include a front setback of 15 feet for all properties, except
for properties fronting on Mandalay Avenue and a side and rear setback of 10 feet, except for properties
fronting on Mandalay Avenue. Except for properties fronting on Mandalay Avenue, a maximum
reduction of five feet from any required setback may be possible if the decreased setback results in an
improved site plan, landscaping areas in excess of the minimum and/or improved design and
appearance, a minimum five-foot side setback is provided to allow for unimpaired/unobstructed access
to mechanical features of the building and setbacks may be decreased if additional setbacks or
stepbacks are provided. The proposed building is designed at a 16-foot setback to the front (north)
property line of Bay Esplanade. The proposal includes a reduction to the front (north) setback from 15
feet to 10 feet (to pavement). A proposed/required trash staging area is located at a zero setback to the
front (north) property line. City staff has determined the setbacks required in the Old Florida District
were for building and pavement setbacks, which do not apply to the necessary and required trash
staging area. The site design provides adequate setbacks and landscape areas to meet design challenges.
The Old Florida District requires a 10-foot landscape buffer along the street frontage of Bay Esplanade,
which this proposal meets. The landscape buffer along the Bay Esplanade street frontage will be planted
with palm and accent trees, shrubs and groundcovers to soften the facade of this building and enhance
the visual appeal of this site to pedestrians and vehicular traffic, while respecting sight visibility triangle
requirements. The proposed building will offer a coastal modern architectural design with multiple
balconies and wide expanses of windows and doors that enhance the building appearance. Therefore,
this provision is supported by this proposal.
Section D.2 – Side and Rear Setbacks
The Design Guidelines provide that, except for the side and rear setbacks set forth elsewhere in Beach
by Design, no side or rear setback lines are recommended, except as may be required to comply with
the City’s Fire Code. For developments in the Old Florida District of Beach by Design, the development
4
requirements set forth in the Old Florida District supersede any conflicting standards in the Design
Guidelines of Beach by Design and the Community Development Code (CDC). The minimum required
setbacks in the Old Florida District include a side and rear setback of 10 feet, except for properties
fronting on Mandalay Avenue. Except for properties fronting on Mandalay Avenue, a maximum
reduction of five feet from any required setback may be possible if the decreased setback results in an
improved site plan, landscaping areas in excess of the minimum and/or improved design and
appearance, a minimum five-foot side setback is provided to allow for unimpaired/unobstructed access
to mechanical features of the building and setbacks may be decreased if additional stepbacks are
provided. The proposal includes a reduction to the side (east) setback from 10 feet to five feet to the
building stairwell and ground floor pavement, and to one-foot for a required egress sidewalk from the
stairwell. The proposal includes a reduction to the side (west) setback from 10 feet to five feet (to
pavement and the building stairwell) and to one-foot (to a required egress sidewalk from the stairwell).
Finally, the proposal includes a 10-foot rear (south) setback to the building, with a reduction from 10
feet to five feet for the pavement only. The site design provides adequate setbacks and landscape areas
to meet the design challenges of the site. A six-foot high white vinyl fence is proposed along the east
and west sides of the property, except where within the waterfront visibility triangles where the fencing
must be non-opaque. This parcel has an east/west orientation requiring a building stepback on the east
or west side (Section 3.c of the Old Florida District of Beach by Design). A building stepback, based on
the proposed building height above 35 feet above Base Flood Elevation (BFE), of 10.8 feet is required
and provided on the west side, meeting the requirements of the Old Florida District. The reduction to
the rear (south) setback is for parking spaces only on the ground level (a minimum of a five-foot
setback). There are no perimeter buffers required in the T District for this site, pursuant to CDC Section
3-1202.D. However, the Old Florida District requires a 10-foot landscape buffer along Bay Esplanade,
which is being provided with this proposal. A one-foot landscape area is provided along the east and
west sides of the property where the required egress sidewalks are located, which expands to five feet
to the south of the sidewalks. The areas south of the egress sidewalks will be planted with sod only to
comply with Fire Department requirements for access). A five-foot wide landscape area is provided
along the south property (which will be planted with palms, shrubs and groundcover. The north and
south sides of the project will be planted with palms, shrubs and groundcovers to soften views of the
building. Flexibility for setbacks required in the Old Florida District of Beach by Design allow for reduced
setbacks where the proposal results in landscaping in excess of the minimum required. Again, the only
landscape buffer required is along the frontage of Bay Esplanade and no perimeter buffers are required
in the T District. The landscape areas along the east, west and south portions of the property could be
planted with a minimum of grass. It is the applicant’s position that the landscaping provided along the
street frontage, as well as the south portion of the site, are being planted in excess of the minimum
required landscaping and therefore justifies the requested reductions to side and rear setbacks. The
restrictions by the Fire Department to sod only for access along the east and west portions of the site
are trumping the ability to provide additional landscaping in these areas. The proposed building will
offer a coastal modern architectural design with multiple balconies and wide expanses of windows and
doors that enhance the building appearance. Therefore, this provision is supported by this proposal.
Section D.3 – Coronado Drive Setbacks and Stepbacks
The Design Guidelines address setbacks and stepbacks along Coronado and Hamden Drives for projects
utilizing the hotel density reserve to reduce upper story massing along the street and ensure a human
scale street environment. The site does not front on Coronado or Hamden Drives. Therefore this
Guideline is not applicable to the proposal.
5
Section E – Street-Level Facades
Design Response:
Section E.1 – Openness
The Design Guidelines require at least 60 percent of the street level facades of buildings used for
nonresidential purposes which abut a public street or pedestrian access way will include windows or
doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyards or plazas.
In addition, parking structures should utilize architectural details and design elements such as false
recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When
a parking garage abuts a public road, it will be designed such that the function of the building is not
readily apparent except at points of ingress and egress. Visually, much of the front area is dedicated to
vehicular and pedestrian access. The site design incorporates a landscape area along Bay Esplanade to
be planted with palms, accent trees and shrubs to visually enhance this pedestrian experience of this
site. The ground floor parking structure will utilize architectural details, planter boxes and metal
grillwork to enhance ground level views from Bay Esplanade, which will be more fully reviewed at the
Flexible Development (FLD) approval process by the Community Development Board (CDB) and at the
building permit stages. Therefore, this provision is supported by this proposal.
Section E.2 – Window Coverage
The Design Guidelines provide that window coverings or other opaque materials may cover no more
than 10 percent of the area of any street-level window that fronts on a public right-of-way. There are no
proposed windows on the ground level. Therefore, this provision is supported by this proposal.
Section E.3 – Building Entrances
The Design Guidelines require that building entrances should be aesthetically inviting and easily
identified. The entrance to the overnight accommodations is at the elevator, which may be enhanced
with an awning over the entrance. This will be more fully reviewed at the Flexible Development (FLD)
approval process by the Community Development Board (CDB) and at the building permit stages.
Therefore, this provision is supported by this proposal.
Section F – Parking Areas
Design Response:
The Design Guidelines address issues related to parking areas and the screening of such. Visually, much
of the front area is dedicated to vehicular and pedestrian access. The site design incorporates a
landscape area along Bay Esplanade to be planted with palms, accent trees and shrubs to visually
enhance this pedestrian experience of this site, while complying with the sight visibility triangle
requirements. The ground floor parking structure will utilize architectural details, planter boxes and
metal grillwork to enhance ground level views from Bay Esplanade, which will be more fully reviewed at
the Flexible Development (FLD) approval process by the Community Development Board (CDB) and at
the building permit stages. Therefore, this provision is supported by this proposal.
Section G – Signage
Design Response:
6
The Design Guidelines address issues related to signage. Only attached signage is anticipated with this
development. A sign package is otherwise not included with this submittal. All proposed signage will
meet all applicable requirements of the CDC and Beach by Design. If necessary, a Comprehensive Sign
Program will be submitted prior to signage permits.
Section H – Sidewalks
Design Response:
The Design Guidelines address issues related to sidewalks and provides that all sidewalks along arterials
and retail streets should be at least 10 feet in width and requires palm trees with at least an eight-foot
clear trunk to be planted at a maximum of 35-foot centers. There is no discussion regarding local streets.
Bay Esplanade is a local street. The proposal will construct a five-foot wide sidewalk for the site
frontage. Therefore this Guideline is not applicable to the proposal.
Section I – Street Furniture and Bicycle Racks
Design Response:
The Design Guidelines address issues related to street furniture and bicycle racks. No street furniture is
proposed with this development, as this is a local street. A bicycle rack is provided, located by the
building entrance to the elevator, which will be more fully reviewed at the Flexible Development (FLD)
approval process by the Community Development Board (CDB) and at the building permit stages.
Therefore, this provision is supported by this proposal.
Section J – Street Lighting
Design Response:
The Design Guidelines address issues related to street lighting. No additional street lighting is proposed
with this application. Therefore, this Guidelie is not applicable to the proposal.
Section K – Fountains
Design Response:
The Design Guidelines address issues related to fountains. No fountain is proposed with this
development. Therefore, this Guideline is not applicable to the proposal.
Section L – Materials and Color
Design Response:
The Design Guidelines address issues related to materials and color. The proposed overnight
accommodations building offer a coastal modern architectural style. The finish materials and building
colors of the building facade will support the beach theme and the Color Palate in the Design Guideline.
Therefore, this provision is supported by this proposal.
UPDATED 12/29/2016; MTP
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011
655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Active 2/6/2017 DVA2013-03001 / HDA2014-02001 /
FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is Active
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is Active
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 5/24/2015 HDA2014-04002 / FLD2013-11038 /
FLD2014-06019
site plan as related to HDA214-04002 approved as part of FLD2013-11038.
New site plan approval request to accommodated approved units as part of the
HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit
Status is Active.
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 6/23/2017 DVA2013-02001 / FLS2013-02006
Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced
construction on the development within four (4) years from the effective date of
this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is
Active; BCP2016-01459 - issued 03-29-2016 and is Active.
Total Number of Rooms Allocated from Reserve 463
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 2/29/2015 FLD2012-03008 / DVA2012-03001
one year time extension granted - FLD2012-03008 expires 09-16-14; BCP2014-
08618 issued 08/13/2015; Permit Status is HOLD - Two Partial Passes and
Two Failed inspections.
325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 11/16/2017 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 08-05-2016; BCP not
submitted as of 10-14-16
353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/19/2015 4/21/2017 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; expires April 21, 2017; BCP not submitted as of 01-
06-17
405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 3/22/2018 HDA2013-08006 / FLD2015-05016 FLD2015-05016 time extension granted 08-12-2016; BCP not submitted as of
01-06-17
401 South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004
401 South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 9/24/2016 11/16/2017 HDA2015-06001/FLD2015-09036
40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 10/23/2015 4/21/2017 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; expires April 21, 2017; BCP not submitted as of 01-
06-17
706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025
FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-
2016 / BCP2015-12534 - submitted 12/29/2015; both permits in review; Both
permit status is Revisions Needed.
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007
The maximum amount of units allotted is 69 although as few as 39 may be
used. It is possible that 30 units may be returned to the Reserve. Term. of
Status for density approved October 15, 2013, see FLD2013-08025; Appears
that the terms of approval for the FLD have been met but the FLD application
for the site plan associated with the HDA has not been submitted.
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/20/2015 6/4/2017 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; Time extenstion ganted on 09-20-16; BCP not
submitted as of 01-06-17
691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 12/17/2015 12/17/2017 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; expires December 17, 2017; BCP not submitted as
of 01-06-17
715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 5/17/2018 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 08-12-2016; BCP not
submitted as of 01-06-17
Total Number of Rooms Allocated from Reserve 902
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
FLD2015-09036; time extension granted 08-12-2016 permits not
submitted as of 10-14-16 * The applicant
changed the site plan amending the Dev. Agrmt. resulting in a new site plan
approval reqm't and Dev. Agrmt expiration dates.
HOTEL DENSITY RESERVE PROJECTS - APPROVED
HOTEL DENSITY RESERVE PROJECTS - PENDING
HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED
N/A98117.001.953227100
657 Bay Esplanade 10 27 0.35 77.14 17.5 N/A 1/19/2017 1/19/2018 HDA2016-09001 pending DRC review as of 10-14-16
Total Number of Rooms Pending Allocation 10
Total Number of Rooms in Reserve 1,385
Total Number of Rooms Allocated from Reserve 1,365
Total Number of Rooms Returned to the Reserve 0
Total Number of Rooms Pending Allocation 10
Total Remaining For Allocation 10
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: TA2016-12004
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.4
SUBJECT/RECOMMENDATION:
Approve amendments to the Clearwater Community Development Code establishing the
Foreclosure Property Registry, procedures for registration and enforcement, and annual
registration fee and pass Ordinance 8996-17 on first reading. (TA2016-12004)
SUMMARY:
Since 2006, a significant number of properties have gone through foreclosure in the City of
Clearwater. At present, there are over 700 properties in active foreclosure and 256 owned by
banks. Because many properties in the foreclosure process often become neglected and /or
unsecured, they can have serious negative impacts on the surrounding neighborhood and
create conditions which invite criminal activity and foster an unsafe and unhealthy environment
for children. Due to the difficulty in determining the party responsible for maintenance during
foreclosure, the Planning and Development Department is proposing the establishment of a
foreclosure registry.
Proposed Ordinance 8996-17 requires that within 10 days of the filing of a lis pendens the
mortgagee shall register the property with the City and provide contact information for a local
property management company responsible for maintaining the property. This information will
enable the City to have direct contact with the party responsible for:
·the security and maintenance of the property;
·decisions concerning the abatement of nuisance conditions at the property; and
·expenditures to correct violations.
Any unoccupied or vacant property subject to the ordinance must also maintain a visible
posting on the structure with the name and all-hour contact number of the mortgagee’s local
agent.
A property registration and the associated $200 fee is valid for one year. If the mortgage on a
registered property is sold or transferred, the new mortgagee is responsible for obtaining a
new registration and paying the requisite fee.
The Planning and Development Department has determined that the proposed text
amendment to the Community Development Code is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan and the Community Development Code as
outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of
January 17, 2017 and unanimously recommended approval of the amendment, with one
change eliminating the required sign posting for occupied properties. The revision has been
integrated into the attached ordinance.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 2/10/2017
File Number: TA2016-12004
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 2/10/2017
Ordinance No. 8996-17
ORDINANCE NO. 8996-17
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CREATING SECTION 3-1505, COMMUNITY DEVELOPMENT
CODE TO BE ENTITLED, “FORECLOSURE PROPERTY
REGISTRY”; PROVIDING FOR PURPOSE, INTENT AND
APPLICABILITY OF THE ORDINANCE REQUIRING THE
REGISTRATION AND MAINTENANCE OF CERTAIN REAL
PROPERTY BY MORTGAGEES; PROVIDING FOR PENALTIES
AND ENFORCEMENT, AS WELL AS THE REGULATION,
LIMITATION AND REDUCTION OF REGISTRABLE REAL
PROPERTY WITHIN THE MUNICIPALITY; CREATING
APPENDIX A, SECTION XIX., “FORECLOSURE PROPERTY
REGISTRY,” PROVIDING FOR AN ANNUAL REGISTRATION
FEE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to protect the public health, safety and welfare
of the citizens of the City of Clearwater and maintain a high quality of life for the citizens of
the City through the maintenance of structures and properties in the City; and
WHEREAS, the mortgage foreclosure crisis of 2008 continues to have serious
negative implications for all communities trying to manage the consequences of properties
that have defaulted mortgages, are in the foreclosure process, foreclosed upon and/or
mortgagee owned; and
WHEREAS, properties with defaulted mortgages that are neglected and have
unsecured, accessible structures have a negative impact on community value, create
conditions that invite criminal activity, and foster an unsafe and unhealthy environment for
children; and
WHEREAS, often times, the foreclosing party or property owners are out of state,
and there is no local contact for such a property, which makes it difficult to notify the proper
party of the violations of the City Community Development Code (“Code”), and to maintain
the requisite level of maintenance and security on such structures or lots; and
WHEREAS, the City Council recognizes an increase in the number of properties with
defaulted mortgages and subject to foreclosure action or foreclosed upon, (“registrable
properties”) located throughout the City which lead to a decline in property value, create
nuisances and lead to a general decrease in neighborhood and community aesthetic; and
WHEREAS, the City Council has already adopted property maintenance codes to
regulate building standards for the exterior of structures and the condition of the property as
a whole; and
WHEREAS, the City Council recognizes that in the best interests of public health,
safety and welfare a more regulated method is needed to discourage registrable property
Ordinance No. 8996-17
owners and mortgagees from allowing their properties to be abandoned, neglected or left
unsupervised; and
WHEREAS, the City Council has a vested interest in protecting neighborhoods
against decay caused by registrable property and concludes that it is in the best interests of
the health, safety, and welfare of its citizens and residents to impose registration
requirements of registrable property located within the City to discourage registrable
property owners and mortgagees from allowing Code violations to accumulate; and
WHEREAS, the City Council desires to amend the City’s Code in order to establish a
property registration process that will identify a contact person to address safety and
aesthetic concerns to minimize the negative impact and conditions that occur as a result of
vacancy, absentee ownership and the foreclosure process; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Section 3-1505, Clearwater Community Development Code is hereby
amended to read as follows:
Section 3-1505. – Foreclosure Property Registry Reserved.
A. Applicability. These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an additional remedy
available to the City above and beyond any other State, County or City provisions for
the same.
B. Penalties. Violations of this section shall be subject to enforcement by any
enforcement means available to the City.
C. Registration of properties in foreclosure; duty to provide notice of properties in
foreclosure.
1. Within ten (10) calendar days of the filing of a lis pendens and/or an action to
foreclose upon a mortgage or similar instrument, regardless of occupancy, or
after the mortgagee has notified the borrower of default and the mortgagee finds
evidence that the property is vacant or is consistent with the definition of an
abandoned building, the mortgagee shall register the property.
2. If the property is found by the City to be vacant or is consistent with the definition
of an abandoned building, the mortgagee shall register the property within fifteen
(15) calendar days of notice by the City. The process for registration under this
section shall be as specified by the Community Development Coordinator.
3. Mortgagees who have existing registrable property on the effective date of this
ordinance shall have forty-five (45) calendar days from the effective date to
register the property.
4. A separate registration is required for each property.
Ordinance No. 8996-17
5. Registration pursuant to this section shall contain the direct mailing address, a
direct contact name, telephone number, and e-mail address for the
mortgagee/trustee, the servicer, and the name and the all-hours contact phone
number of the local property management company responsible for the security
and maintenance of the property who has the authority to make decisions
concerning the abatement of nuisance conditions at the property, as well as any
expenditure in connection therewith.
6. If the mortgage on a registrable property is sold or transferred, the new
mortgagee is subject to all the terms of this section and must, within five (5) days
of the transfer, register the property and pay a registration fee in accordance with
this section. Any previous unpaid registration fees are the responsibility of the
new mortgagee and are due and payable with their initial registration.
7. All property registrations are valid for one year, from the date of the first action
requiring registration as determined by the City. In the case of foreclosure, the
date of interest shall be the filing of a lis pendens, and in the case of abandoned
buildings, the date of interest shall be when the property is found abandoned by
the City. An annual registration fee as specified in Appendix A shall accompany
each registration form, and each successive annual period thereafter. All
registration fees collected pursuant to this section, less administrative costs, shall
be placed in a fund restricted for nuisance abatement purposes throughout the
City, including but not limited to abandoned buildings, unsafe structures,
unsecured properties and structures, and demolition. Subsequent annual
registrations and fees are due within thirty (30) days of the expiration of the
previous registration.
8. Any person or other legal entity that has registered a property under this section
must report any change of information contained in the registration within fifteen
(15) calendar days of the change.
9. Registration of the property will no longer be required upon the occurrence of
either of the events set forth below:
a. The property is transferred from the mortgagee to a third party intending to
occupy or lease in an arm’s length transaction and proof of the transfer is
provided to the City.
b. The property becomes occupied and evidence of occupancy is provided to
the City. If the property subsequently becomes vacant prior to the transfer of
the property as contemplated in paragraph 8.a. above, registration of the
property will again be required.
There will not be a refund or prorating of any registration fee already paid to the
City.
10. Pursuant to the City’s determination that any property is in violation of this
section, the City may take the necessary action to ensure compliance and/or
place a lien on the property for the cost of the work performed to benefit the
property and bring it into compliance.
11. Property owned or subject to the control of the City or any other governmental
body is not subject to the registration requirement. In accordance with Ch. 718,
Florida Statues, individual units in condominium ownership or other individual
units in common-interest communities where all exterior elements and common
Ordinance No. 8996-17
areas are jointly owned and maintenance is the joint responsibility of a
community association are not subject to the registration requirement.
D. Maintenance and security requirements.
1. All mortgagees and/or owner(s) of record are responsible for maintaining
registrable properties in accordance with the provisions specified in this section
and all other applicable City ordinances.
2. Unoccupied or vacant properties subject to this section shall maintain a visible
posting with the name and all-hours contact number of the mortgagee’s local
agent. The sign shall be no less than eighteen (18) inches x twenty-four (24)
inches, and shall be of a font that is legible from a distance of forty-five (45) feet.
The posting shall be secured to the exterior of the structure or affixed to the
interior of a window so that the sign can be clearly read from the street. The
posting shall contain the following language:
THIS PROPERTY IS MANAGED
BY_________ AND IS INSPECTED ON
A REGULAR BASIS. THE PROPERTY
MANAGER CAN BE REACHED AT
(___)___-_____ OR BY EMAIL
AT___________.
3. Failure of the mortgagee, their agents, and/or owner(s) of record to properly
maintain and secure the property and to post and maintain the signage specified
is a violation of the Code and may be subject to enforcement by any means
available to the City. Pursuant to a finding and determination, the City of
Clearwater may take the necessary action to ensure compliance with its
ordinances and place a lien(s) on the property and assign it as provided herein.
Section 2. Section XIX., Appendix A—Schedule of Fees, Rates and Charges,
Clearwater Community Development Code is hereby created to read as follows:
XIX. Foreclosure Property Registry (§ 3-1505):
Annual registration fee ….. 200.00
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Ordinance No. 8996-17
Approved as to form: Attest:
__________________________ ____________________________
Matthew Smith Rosemarie Call
Assistant City Attorney City Clerk
Community Development Board – January 17, 2017
TA2016-12004 – Page 1
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: January 17, 2017
AGENDA ITEM: F. 1.
CASE: TA2016-12004
ORDINANCE NO.: 8996-17
REQUEST: Review and recommendation to the City Council, of the
establishment of a foreclosure property registry and associated fee.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
Since 2006, a total of 7,682 properties have gone through foreclosure in the City of Clearwater
and a total of 4,391 have been repossessed by banks according to data collected by Community
Champions. At present, there are 747 properties in active foreclosure and 256 owned by banks.
While nationwide foreclosure activity has decreased, the month-over-month increase in October
2016 was the biggest monthly increase since August 2007. According to ATTOM Data
Solutions October 2016 U.S. Foreclosure Market Report, Florida foreclosure activity is expected
to increase in the coming months given “the October ruling by the state supreme court there that
allows lenders to re-file a foreclosure action against a homeowner in default even if a previous
foreclosure case against that homeowner was dismissed and that original foreclosure case was
filed more than five years ago, outside the state’s statute of limitations for foreclosure.”
Properties that are foreclosed, vacant or abandoned cause the City of Clearwater to suffer
increased property maintenance concerns, declining home values, health and safety issues, and
tax-revenue losses. These results have stressed the Planning and Development Department’s
resources and have caused many properties to go unaddressed.
ANALYSIS:
In order to address the myriad of issues associated with properties in foreclosure, the Planning
and Development Department is proposing the creation of a foreclosure property registry which
will help Staff identify these properties and the parties responsible for them. This will enable the
City to identify and monitor property concerns, increase property compliance and restore lost
revenue.
Planning & Development Department Community Development Code Text Amendment Code Compliance Division
Community Development Board – January 17, 2017
TA2016-12004 – Page 2
Proposed Ordinance No. 8996-17 establishes a new division in the Community Development
Code at Section 3-1505 entitled “Foreclosure Property Registry.” The purpose and intent of the
Foreclosure Property Registry is to proactively identify blighted and deteriorated housing and
ensure the rehabilitation or elimination of housing that does not meet minimum building or
housing code standards and/or exterior or site maintenance standards. It is the goal of the
ordinance to create a healthy, safe, and crime-free environment, and further preserve and
enhance property values and quality of life for citizens.
The Foreclosure Property Registry requires registration of properties by the mortgagee within 10
days of initiating the foreclosure process, within 15 days if found to be vacant by the City, or
within 45 days for existing registrable properties following the effective date of the ordinance.
The registration fee is $200, which must be paid annually until the property is sold or is
occupied.
All registrations must contain contact information for the party with authority to make decisions
and who is responsible for the security and maintenance of the registered property, and this
contact information is required to be posted at the property. Failure to register or comply with
any part of the Foreclosure Property Registry is subject to enforcement by any means available
to the City, most likely via issuance of a Notice to Appear or before the Municipal Code
Enforcement Board.
The Planning and Development Department intends to partner with a foreclosure registry
administrator, which provides people, processes, and technology to administer the Foreclosure
Property Registry. The administrator will assist the City in the following manner:
Collect the $200 fee established by the registry;
Proactively identify noncompliant registrations;
Establish responsible party relationships and confirms reliable available contacts;
Ensure quality of registration data;
Notify responsible parties regarding non-compliant properties within the City;
Escalate non-compliance concerns when necessary; and
Collaboratively and aggressively pursue registration noncompliance.
For these services, the administrator will retain a portion of each registration fee and remit the
remainder to the City. Proposed Ordinance No. 8996-17 restricts the use of those revenues to
nuisance abatement purposes related to abandoned building, unsafe structure, unsecured
properties and demolition.
CRITERIA FOR TEXT AMENDMENTS:
CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
Planning & Development Department Community Development Code Text Amendment Code Compliance Division
Community Development Board – January 17, 2017
TA2016-12004 – Page 3
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed CDC amendments:
Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete
areas shall be a high priority and promoted through the implementation of
redevelopment and special area plans, the construction of catalytic private
projects, city investment, and continued emphasis on property
maintenance standards.
Policy A.6.1.11 The City of Clearwater will continue to promote infill development and
the removal of blight through the Unsafe Structures Program.
Objective C.1.3 Objective for Housing Conditions - The City of Clearwater shall
encourage the elimination of substandard housing units through
demolition, upgrades, renovation and preservation efforts.
Policy C.1.3.3 The City shall continue to monitor and evaluate factors which contribute
to neighborhood stability and adopt strategies for neighborhood
preservation.
Policy C.1.3.6 Encourage voluntary, private rehabilitation of owner occupied and rental
housing units.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in CDC Section 1-103:
Sec. 1-103.A. It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general
welfare and quality of life in the city; to guide the orderly growth and
development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the
preservation of neighborhoods; and to enhance the quality of life of all
residents and property owners of the city.
Sec. 1-103 B.3. Strengthening the city's economy and increasing its tax base as a whole.
Sec. 1-103 D. It is the further purpose of this Development Code to make the
beautification of the city a matter of the highest priority and to require
that existing and future uses and structures in the city are attractive and
well-maintained to the maximum extent permitted by law.
Sec. 1-103.E.3. Protect and conserve the value of land throughout the city and the value of
buildings and improvements upon the land, and minimize the conflicts
among the uses of land and buildings.
The amendments proposed by this ordinance will further the above referenced purposes by
implementing the aforementioned Goal, Objectives and Policy of the Comprehensive Plan; by
establishing a Foreclosure Property Registry that will result in proactive identification of
Planning & Development Department Community Development Code Text Amendment Code Compliance Division
Community Development Board – January 17, 2017
TA2016-12004 – Page 4
foreclosed and blighted properties and providing an enforcement mechanism to require
responsible parties to bring properties into compliance with the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8996-17 that amends the Community Development
Code.
Prepared by Legal Department Staff:________________________
Matthew M. Smith,
Assistant City Attorney
ATTACHMENT: Ordinance No. 8996-17
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3234
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 9.5
SUBJECT/RECOMMENDATION:
Amend City Council Policies to add a new Block Party Insurance Requirement under General
Administration.
SUMMARY:
A neighborhood block party is an opportunity for neighbors to get together, meet each other,
have fun, and work together on a common activity. Each year, dozens of Clearwater
neighborhoods hold block parties which can range from small barbecues or pot lucks to larger
neighborhood-wide events with amusements like bounce houses and other activities in the
City’s rights-of-way. Neighborhoods apply for block party permits, which the Neighborhood
Coordinator assists with; however, because the City is issuing a permit for the block party, it
can potentially have greater risk of liability should something happen during the event in the
City’s right-of-way.
Planning and Development, Parks and Recreation, and Risk Management staff have worked
together to develop a new block party application process which ensures efficient customer
service while also insulating the City of any claims arising from such an event. Staff is
proposing a two-tier system which differentiates smaller scale block parties that do not include
amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale
parties that include high risk components and activities in the right-of-way such as alcohol
consumption, cooking and inflatable amusements (Tier 2 block parties). A new City Council
policy is proposed that would establish this two-tier system and enable the City to require
liability insurance for those parties that are higher liability risks for the City. If the block party
organizer and/or Homeowner’s Association (HOA) does not have liability insurance, the City
recommends purchasing a Tulip Tenant Users Liability Insurance Policy, provided by Specialty
Advantage Insurance Services.
Proposed General Administration Policy I (with subsequent policies re-lettered):
I. Block Party Insurance Requirement:
In order to insulate the City from claims resulting from activities held in the public right-of-way
in City-permitted block parties, block parties shall be administered using a two-tier approach,
which differentiates between smaller scale block parties that do not include amusements or
alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include
high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier
Page 1 City of Clearwater Printed on 2/10/2017
File Number: ID#17-3234
2 block parties). Prior to the issuance of a block party permit, block parties categorized as
Tier 2 shall be required to demonstrate that they have general liability insurance in the amount
of $1,000,000 for which the City is listed as additionally insured.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: REZ2016-02002
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.6
SUBJECT/RECOMMENDATION:
Continue to March 16, 2017: Approve a Zoning Atlas Amendment from the A-E Agricultural
Estate Residential District (Pinellas County) to the Medium Density Residential (MDR) District
(City) for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road;
and pass ordinance 9003-17 on first reading. (REZ2016-02002)
SUMMARY:
At their January 17, 2017 meeting, the Community Development Board continued the public
hearing of this item to February 21, 2017.
Since the public hearing dates were included in the advertised CDB notice, first reading of
Ordinance 9003-17 must be continued to March 16, 2017.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: LUP2016-02002
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.7
SUBJECT/RECOMMENDATION:
Continue to March 16, 2017: Approve a Future Land Use Map Amendment from the
Residential Low (RL) category to the Residential Low Medium(RLM) category for 2425
McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass
ordinance 9002-17 on first reading. (LUP2016-02002)
SUMMARY:
At their January 17, 2017 meeting, the Community Development Board continued the public
hearing of this item to February 21, 2017.
Since the public hearing dates were included in the advertised CDB notice, first reading of
Ordinance 9002-17 must be continued to March 16, 2017.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: DVA2016-09001
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 9.8
SUBJECT/RECOMMENDATION:
Continue to March 16, 2017: Deny a Development Agreement between HR Tampa Bay, LLC
(the developer) and the City of Clearwater for property located at 2425 and unaddressed
McMullen Booth Road; and reject Resolution 17-08 to deny the Development Agreement for
this property. (DVA2016-09001)
SUMMARY:
At their January 17, 2017 meeting, the Community Development Board continued the public
hearing of this item to February 21, 2017.
Since the public hearing date was included in the advertised CDB notice, council action must
be continued to March 16, 2017.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3218
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve the Joint Participation Agreement (JPA) G0H27 between the City of Clearwater and
the State of Florida Department of Transportation (FDOT) for an Airpark Master Plan Study at
Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution
17-12.
SUMMARY:
FDOT JPA Agreement G0H27 provides for an 80% grant for conducting an airport master
plan study at the Clearwater Airpark, with the City providing a 20% match. An airport master
plan is a comprehensive study of an airport and usually describes the short-, medium-, and
long-term development plans to meet future aviation demand. The goal of a master plan is to
provide the framework needed to guide future airport development that will cost-effectively
satisfy aviation demand, while considering potential environmental and socioeconomic
impacts. The Federal Aviation Administration and FDOT strongly recommend the airport
master plan to be updated periodically to stay in compliance with grant requirements.
The project cost is estimated at $100,000.00 with the Florida Department of Transportation
contributing $80,000.00 and the City providing a $20,000.00 match.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-94886, Clearwater Airpark MP Update,
to fund this contract.
Page 1 City of Clearwater Printed on 2/10/2017
RESOLUTION NO. 17-12
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR AN
AIRPORT MASTER PLAN STUDY AT THE CLEARWATER
AIRPARK; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding for an airport master plan study at the Clearwater Airpark under Joint
Participation Agreement Financial Project No.: 440471-1-94-01, Contract No.: G0H27
(the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Agreement between the
City and the State of Florida Department of Transportation, at the Clearwater Airpark,
and authorizes appropriate City officials to take all necessary action as may be
necessary or appropriate to perform all obligations and commitments of the City of
Clearwater in accordance with the provisions of the Agreement.
Section 2. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this _______ day of _____________, 2017.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3221
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Ratify and Confirm purchase order (contract) to Layne Inliner LLC in the amount of
$39,600.00 for Emergency Services to minimize the overflow of sewage from our Corona
Interceptor Sewer, as part of the Sanitary Collect and Transmission R and R Project, and
authorize the appropriate officials to execute same.
SUMMARY:
Corona Interceptor Sewer experienced the sewage overflow during Hurricane Hermine. The
emergency rental of the Vac-Con vehicle and crew supplemented our crew around the clock
during the time the sewer was inundated. This action prevented a substantial quantity of
sewage from overflowing the sewer system along South Arcturas near Clearwater High
School and into surrounding homes.
On October 13, 2016, a purchase order ST113339 approved by the City Manager in the
amount of $39,600.00 issued to Layne Inliner LLC for the emergency Vac-Con services.
APPROPRIATION CODE AND AMOUNT:
0327-96665-563800-535-000-0000 $39,600.00
Sufficient funding is available in the Utility and Replacement project, 0327-96665, Sanitary
Collect & Transmission R&R $39,600.00.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3222
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Ratify and confirm purchase order (contract) to TLC Diversified Inc. in the amount of
$120,000.00, United Rentals Inc. in the amount of $1,000,000.00, McKim and Creed
Engineers in the amount of $199,000.00, and B.L. Smith Electric Inc. in the amount of
$9,623.50 for Emergency Services associated with the mechanical pump failure flooding the
Marshall Street WRF influent pump station, as part of the Water Pollution Control R and R
Project; and authorize the appropriate officials to execute same.
SUMMARY:
During Hurricane Hermine, the Marshall Street WRF influent pump station experienced a
mechanical pump failure that resulted in the flooding of the dry pit side of the station,
destroying the electrical and mechanical systems and rendering the pump station unusable.
The following emergency services were utilized:
On September 16, 2016, a purchase order BR511821 approved by the City Manager in the
amount of $120,000.00 issued to TLC Diversified Inc for the 50,000 gallons of temporary
headworks installation, rental and removal.
On September 20, 2016, a purchase order BR511822 approved by the City Manager in the
amount of $500,000.00, and on December 08, 2016, an additional $500,000.00 was also
approved with the total of $1,000,000.00, issued to United Rentals Inc for the equipment rental
and for the bypass pumping services. Emergency pumping systems were installed
immediately to allow influent flow to enter the plant.
United Rentals (North America) Inc. provides equipment rentals under contract with National
Joint Powers Alliance (NJPA). Rental equipment acquired through United Rentals is in
compliance with the NJPA Contract #091615 which expires October 20, 2019. The City of
Clearwater is a member of NJPA and is eligible to piggyback on this contract in accordance
with City Code 2.564 (1)(d), other government entities’ contracts.
On October 05, 2016, a purchase order ST113299 approved by the City Manager in the
amount of $199,000.00 issued to McKim & Creed Engineers for the engineering services
relating to the electrical and controls repairs and/or replacement of the influent pump station
and other effected systems.
On October 07, 2016 a purchase order ST113321 approved by the City Manager in the
amount of $9623.50 issued to B.L. Smith Electric Inc for the temporary hook up pumps at the
Marshall Street WRF.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 2/10/2017
File Number: ID#17-3222
0315-96664-563800-535-000-0000 $120,000.00
0315-96664-565500-535-000-0000 $1,000,000.00
0327-96664-561300-535-000-0000 $199,000.00
0327-96664-563800-535-000-0000 $9,623.50
Sufficient funding is available in the Capital Improvement Program project, 0315-96664, Water
Pollution Control R & R, in the amount of $1,120,000.00 and in the Utility and Replacement
project, 0327-96664, Water Pollution Control R & R $208,623.50.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3197
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Award a contract (Blanket Purchase Order) for $132,000.00 to Coastal Alternative Fuel
Systems in Odessa, FL for Ford vehicle up-fitting services (CNG Conversion); authorize
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:
Provide the up-fit/conversion services required for the twelve Ford Vehicles in the current
fiscal year 16/17.
4441 2017 Ford F250 Crew Cab 4WD-CNG Gas
4442 2017 Ford F250 Crew Cab 4WD-CNG Gas
4443 2017 Ford F450 Reg Cab SVC Body-CNG Gas
4444 2017 Ford F450 Crew Cab Flat Bed-CNG Gas
4446 2017 Ford F150 Extended Cab-CNG Gas
4447 2017 Ford F150 Extended Cab-CNG Gas
4448 2017 Ford F150 Extended Cab-CNG Gas
4449 2017 Ford F450 Reg Cab SVC Body-CNG Gas
4451 2017 Ford F250 Ext 2WD-CNG Gas
4452 2017 Ford F250 Ext 4WD-CNG Gas
TBD 2017 Ford Transit Gas
TBD 2017 Ford Transit Gas
At this time Coastal Alternative Fuel Systems is the only Ford Qualified/Certified Vehicle
Modifier in the State of Florida. Pursuant to City Code Section 2.564(b) Exceptions to Bid and
Quotation Procedure, Coastal Alternative Fuel Systems is a sole source and therefore these
services are exempt from bidding.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 - $132,000.00
Page 1 City of Clearwater Printed on 2/10/2017
www.CoastalAFS.com
2426 Success Dr.
Odessa, FL 33556
Office; (727) 372-7000
Fax; (727) 372-7009
RE; Sole Source Letter
January 24, 2017
To; City of Clearwater
Coastal Alternative Fuel Systems is the Sole Source provider of Altech-Eco and Landi Renzo Ford QVM
CNG Systems throughout the Florida Market. We provide exclusively in this Market Sales, Service, Parts and
Installations of Ford QVM CNG Systems.
Sincerely,
Robert J Sessa
President
Coastal Alternative Fuel Systems Inc.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3192
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Request for authority to settle the case of Demmeko Stanley vs. City of Clearwater Case No.
15-002515-CI for $87,500.00. (consent)
SUMMARY:
Demmeko Stanley alleges that on August 26, 2013, the vehicle he was driving was struck by a
truck owned by the City of Clearwater and operated by one of its employees. He alleges
injuries as a result and has incurred past expenses for medical care in excess of $130,000.00.
Authority is being sought to settle this case for $78,500.00, in exchange for which the City will
receive a full release and the pending civil action will be dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
0-590-07590-545900-519-000-000
Page 1 City of Clearwater Printed on 2/10/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3239
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 16.1
SUBJECT/RECOMMENDATION:
Temporary Suspension of Comp. Sign Fee - Vice Mayor Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3235
Agenda Date: 2/13/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 20.1
SUBJECT/RECOMMENDATION:
TBARTA Updates - Anthony Matonti, Senior Planner and Project Coordinator, Tampa Bay
Area Regional Transportation Authority (TBARTA)
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/10/2017
TBARTA: 2016 In
Review &
The Year Ahead
Clearwater City Council
February 16, 2017
One Region
One Plan
One Voice
One Region
One Plan
One VoiceThe Real Story
•Who: Tampa Bay Area Regional Transportation Authority
•What: Develop and implement a Regional Transportation Master
Plan for the seven-county West Central Florida region
•When: Created by the Florida State Legislature in 2007
•Where: Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas
and Sarasota Counties
•Why: To improve mobility and expand multimodal transportation
options for passengers and freight throughout the seven-county
region
“Connecting Our Region, Building Our Future”
One Region
One Plan
One Voice
One Region
One Plan
One VoiceLetting the Numbers Speak
2 FDOT Districts (1 & 7)
2 Toll Authorities
2 RPCs
5 MPOs
3 Seaports
3 Commercial Airports
7 Counties
7 Transit Providers
46 Cities
One Region
One Plan
One Voice
One Region
One Plan
One Voice
Governor’s Appointees
Mr. Ronnie Duncan, Chairman
Mr. Cliff Manuel, Jr., Vice Chairman
Mr. Jim Kimbrough
Mr. Jim Holton
City of Bradenton
Councilmember Bemis Smith
City of St. Petersburg
Councilmember Darden Rice
City of Tampa
Councilmember Mike Suarez
TBARTA MPOs CCC
Councilmember Doreen Caudell
FDOT Non-Voting Advisors
Secretary Paul Steinman, District 7
Secretary L.K. Nandam, District 1
Citrus County
Commissioner Ronald Kitchen, Jr.
Hernando County
Commissioner Wayne Dukes
Hillsborough County
Commissioner Patricia Kemp
Manatee County
Commissioner Betsy Benac
Pasco County
Commissioner Mike Moore
Pinellas County
Commissioner Karen Seel
Sarasota County
Commissioner Paul Caragiulo
TBARTA Board Members and Advisors
One Region
One Plan
One Voice
One Region
One Plan
One VoiceWe are Planning for the Future
Source: Tampa Bay Regional Planning Model,2016
County 2015 2040 Growth
Hillsborough 1.3M 1.9M 556K
Pinellas 941k 978k 37k
Pasco 489k 734k 245k
Hernando 177k 258k 80k
Citrus 142k 178k 36k
Sarasota 390k 485k 95k
Manatee 346k 485k 139k
Polk*634k 901k 266k
TOTAL 4.4M 5.9M 1.4M
Medium Growth Projections: TBARTA Counties
One Region
One Plan
One Voice
One Region
One Plan
One VoiceMedia Market – We’re Currently #11
Source: Tampa Bay Regional Planning Model, 2016
TAMPA-ST. PETERSBURG (SARASOTA)
11th Largest Television Market in the U.S.Rank Designated Market Area TV Homes % of US
1 New York 7,348,620 6.407
2 Los Angeles 5,476,830 4.775
3 Chicago 3,463,060 3.019
4 Philadelphia 2,942,800 2.566
5 Dallas-Ft. Worth 2,713,380 2.366
6 San Francisco-Oak-San Jose 2,488,090 2.169
7 Washington, DC 2,476,680 2.159
8 Houston 2,450,800 2.137
9 Boston 2,424,240 2.114
10 Atlanta 2,412,730 2.104
11 Tampa-St. Pete-Sarasota 1,908,590 1.664
12 Phoenix 1,890,100 1.648
13 Detroit 1,853,030 1.616
14 Seattle-Tacoma 1,808,530 1.577
15 Minneapolis-St. Paul 1,742,530 1.519
16 Miami-Ft. Lauderdale 1,696,330 1.479
17 Denver 1,630,380 1.422
18 Orlando-Daytona-Melbourne 1,519,570 1.325
19 Cleveland-Akron 1,498,960 1.307
20 Sacramento-Stockton-Modesto 1,379,770 1.203
Source: Neilson Local Television Market Universe Estimates, 2016-17
2016-2017 US Television Estimates
One Region
One Plan
One Voice
One Region
One Plan
One VoiceGrowth Pressures
Source: Forbes, 10 Cities Americans are Moving to Right Now, June 7, 2016
Long Distance (>100 Miles)
Migration Paths Data
Sources
1. Census Bureau migration
data 2009-2013
2. Cross-metro moving
requests on moving.com
3. Cross-metro search traffic
on realtor.com
Bigger the
Arrow, Larger
the Volume from
Bigger Metro
One Region
One Plan
One Voice
One Region
One Plan
One VoiceContinued Growth
Source: Zillow & Miami New Times, 2016
Tampa Bay
Home Search Data (2016)Outsider PopularityExisting Resident Popularity
Tampa Bay:
Residents
Want to
Stay,
Outsiders
Want In
One Region
One Plan
One Voice
One Region
One Plan
One VoiceTraveling Across County Lines for Work (2010)
16%or 6,587 Citrus County commuters
42%or 22,169 Hernando County commuters
16%or 81,676 Hillsborough County commuters
36%or 38,550 Manatee County commuters
51%or 81,644 Pasco County commuters
20%or 72,774 Pinellas County commuters
14%or 32,044 Polk County commuters
21%or 26,017 Sarasota County commuters
Source: 2010 LEHD Origin-Destinations Employment Statistics (LODES)
+361,000
One Region
One Plan
One Voice
One Region
One Plan
One VoiceTraveling Across County Lines for Work (2014)
18%or 7,294 Citrus County commuters
45%or 21,189 Hernando County commuters
18%or 98,823 Hillsborough County commuters
39%or 50,595 Manatee County commuters
54%or 95,503 Pasco County commuters
21%or 83,195 Pinellas County commuters
15%or 37,583 Polk County commuters
21%or 29,696 Sarasota County commuters
+423,000
Source: 2010 LEHD Origin-Destinations Employment Statistics (LODES)
One Region
One Plan
One Voice
One Region
One Plan
One VoiceAirport Travel Impacts: TIA
Passengers Reside in:Annual Passengers Daily Passengers Percent of Total
Hillsborough 3,060,145 8,384 16.2%
Pinellas 1,945,146 5,329 10.3%
Pasco 699,927 1,918 3.7%
Manatee 520,876 1,427 2.8%
Sarasota 480,182 1,316 2.5%
Polk 292,993 803 1.5%
Hernando 211,606 580 1.1%
Citrus 113,942 312 0.6%
Other 805,730 2,207 4.3%
Sub-total 8,130,547 22,275 43%
*Non-Resident
Passengers:10,788,489 29,558 57%
Total 18,919,036 51,833 100%
Airport Travel in Our Region (2016)
St. Pete-Clearwater PIE: 1.6 million passengers (origin data not available)
Sarasota/Manatee Airport SRQ: 1.2 million passengers (origin data not available)
One Region
One Plan
One Voice
One Region
One Plan
One VoiceMaster Plan: Setting the Path
Priorities/Coordination
Future Priorities
MPO CCC & TMA Priorities, 10-year SIS Plan
2040 Regional Projects (Investments)
MPO LRTP Cost Feasible Projects
Longer Range Needs (Investments)
MPO LRTP Needs & Stakeholder Comments
One Region
One Plan
One Voice
One Region
One Plan
One VoiceEvaluation Criteria
Projects should meet a minimum four out of six evaluation criteria.
One Region
One Plan
One Voice
One Region
One Plan
One VoiceRegional Priority Projects
Approved on December 9, 2016*
•(MI) I-275/SR 60/Memorial Interchange
•(CI) SR 54/56 Corridor Improvements
•(GE) Gateway Express
•(HFB) Howard Frankland Bridge
•(SP2) Suncoast Parkway 2
•(TBX) Tampa Bay Express Starter Projects
•(TIA) Westshore Multimodal Center and
Connections to Downtown Tampa & Airport
•(DB) DeSoto Bridge Replacement*
•(RR) River Road Regional Interstate Connector*
One Region
One Plan
One Voice
One Region
One Plan
One VoiceFuture Priority Projects
1.15th Street East
2.SR 50 Improvements
3.Central Avenue Bus Rapid Transit
4.Pinellas County Interstate Improvements (I-275)
5.I-75/I-4 Interchange Improvements
6.US 41 Multimodal Emphasis Corridor
7.Tampa Bay Express Ultimate
8.Tampa Streetcar Extension & Modernization
9.Regional Express Bus Service (Pilot Projects)
10.Florida Coast-to-Coast Trail & Connections
11.Southwest Coastal Regional Trail & Connections*
12.Tampa Bay Premium Transit Feasibility Study*
Implementation*
13.I-275 & Selmon Expressway Limited Access Highway
Connections*
14.Preservation & Expanded Use of Freight Rail Corridors*
15.Bartow Northern Connection Phase II*
One Region
One Plan
One Voice
One Region
One Plan
One VoiceRegional Multi-Use Trails: Leading the Effort
SUN Trail Funded TBARTA Regional MUT Priorities:
•Dunnellon-Withlacoochee Connector (Citrus)
•Good Neighbor Gap (Hernando)
•Pinellas Trail Enterprise-John Chestnut (Pinellas)
•Courtney Campbell Overpass SR 60 (Pinellas)
•Van Fleet Bridge (Polk)
•Charlotte (2) & Lee (1) on Southwest Coastal Trail
SUN Trail Funding FY 2016-17
•+25% for Tampa Bay Region ($11.1M)
•+22% for Southwest Coastal Regional Trail
•Pinellas to Naples
TBARTA Leading Regional Effort
for a Locally Connected
Statewide Network
One Region
One Plan
One Voice
One Region
One Plan
One VoiceMergers
Bay Area Commuter
Services (BACS), 2010
West Central Florida MPOs
Chairs Coordinating
Committee (CCC), 2015-
2016
One Region
One Plan
One Voice
One Region
One Plan
One VoiceWe Are Cost Efficient
Sources:RPCs - FY16-17 Approved Budgets (Average)
MPOs - Unified Planning Work Program Budget Documentation - FY16-17 (Average)
TBARTA - FY16-17 Approved Budget
8%
3%
29%
26%
51%
45%
0%10%20%30%40%50%60%
TBARTA
MPOS
RPCS
Salaries/Benefits Percent of Total Budget Local Funding Percent of Total Budget
One Region
One Plan
One Voice
One Region
One Plan
One Voice
• Carpool
• Vanpool
• Emergency Ride
Home (ERH)
• Bike Buddy
• Telework Tampa
Bay
• Regional School
Commute Program
Commuter Services: Nuts & Bolts
One Region
One Plan
One Voice
One Region
One Plan
One VoiceSharing the Work Trip
Vanpool Program•101 Vans (89 vans in Dec. ’15)
•7.7 million miles saved last year
•308,431 gallons of fuel saved,
worth $845,000
Carpool Ridematching
•1.9 million miles saved last year
•78,380 gallons of fuel saved
•92,678 parking spaces saved
School Commute Program
•65 Schools Participating
Emergency Ride Home
One Region
One Plan
One Voice
One Region
One Plan
One Voice
•Report ridership statistics monthly & in an
annual report
•Access to Federal Formula Funds (5307)
•Brings $2 million of new money to the
region
•Approximately $800,000 for TBARTA
•Remainder split between Pasco, Pinellas
and Hillsborough transit operators
National Transit Database Reporting
One Region
One Plan
One Voice
One Region
One Plan
One VoiceModernizing Transit Technology
Regional Fare Payment System
o Mobile Payment and One Regional Card/App
o Led by HART, includes 8 transit operators
o TBARTA committed $267,000
Mobile payment platform launching August/September
TBARTA assisting with MPO and transit agency coordination
OneBusAway App expansion
o Currently in Hillsborough, soon Pinellas
o Working with CUTR to survey needs for expanding regionally
One Call One Click / myRIDE
o Call: 1-844-9-MYRIDE
o Click: www.tbarta.com/myride
o Database includes transportation resources across all 7
counties
One Region
One Plan
One Voice
One Region
One Plan
One Voice
Continue to partner and build stronger relationships with
transportation agencies/authorities to improve service & maximize
efficiencies
Continue to engage the private sector in the delivery of
transportation services
Expanding Vanpool program across the region
Work with FDOT to plan for future Express Bus connections between
regional activity centers
Expand Regional School Commute Program to all counties, helping
parents get their children to school
Implement single regional Fare Card across all counties
SunTrails coordination: $25M Annually for multi-use trails
Support/lead MPO Regional Coordination Structure Research effort
Next Steps
One Region
One Plan
One Voice
One Region
One Plan
One Voice
www.pedbikeimages.org/Laura Sandt
Questions and Comments