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02/16/2017Thursday, February 16, 2017 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda February 16, 2017City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and other electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 TBARTA Updates - Anthony Matonti, Senior Planner and Project Coordinator, Tampa Bay Area Regional Transportation Authority (TBARTA) 5. Approval of Minutes 5.1 Approve the minutes of the February 2, 2017 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 2/15/2017 February 16, 2017City Council Meeting Agenda 7.1 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) 7.2 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) 7.3 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) 7.4 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) 7.5 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) 7.6 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) 7.7 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) 7.8 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) 7.9 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) 7.10 Amend City Council Policies to add a new Block Party Insurance Requirement under General Administration. (consent) Page 3 City of Clearwater Printed on 2/15/2017 February 16, 2017City Council Meeting Agenda 7.11 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) 7.12 Request for authority to settle the case of Demmeko Stanley vs. City of Clearwater Case No. 15-002515-CI for $87,500.00. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 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) 8.2 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) 8.3 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) Page 4 City of Clearwater Printed on 2/15/2017 February 16, 2017City Council Meeting Agenda 8.4 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) 8.5 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) 8.6 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. City Manager Reports 9.1 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. 9.2 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. 9.3 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. 9.4 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. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) Page 5 City of Clearwater Printed on 2/15/2017 February 16, 2017City Council Meeting Agenda 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3235 Agenda Date: 2/16/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: 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 2/15/2017 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3254 Agenda Date: 2/16/2017 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the February 2, 2017 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2017 City Council Meeting Minutes February 2, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, February 2, 2017 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Hoyt Hamilton Also Present: Jill Silverboard – Deputy City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Dr. John R. Thompson of Countryside Christian Center Church 3. Pledge of Allegiance – Vice Mayor Jonson 4. Approval of Minutes 4.1 Approve the minutes of the January 19, 2017 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Jonson moved to approve the minutes of the January 19, 2017 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Citizens to be heard re items not on the agenda Scott Hinrichs said Caladesi Construction submitted a proposal for the City's Material Recovery Facility (MRF) RFP and questioned the status of the RFP. Solid Waste and General Services Director Earl Gloster said the project has been placed on hold; staff was informed yesterday that Pinellas County is considering building an MRF, which may be 2 to 3 times bigger than the City's. The County's planning and feasibility process should be completed within 8-12 months. Page 2 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 Tom Nocera reviewed the Wade Trim Bluff to Beach Guideway Reconnaissance Study and said Beach Tran is still negotiating with Sky Tran to be a preliminary study. Daniel Haluba opposed the minimum reclaimed water usage fee imposed by the City and shared a positive experience he and his neighbors recently had with the Pinellas County Sheriff's Department. 6. Consent Agenda – Approved as submitted less Item 6.9 6.1 Approve a change order increase to Blanket Purchase Order (Requisition No. 126699) to Smith Fence Company, Clearwater, FL, from $98,000 to $250,000, for the purchase of labor, materials and equipment to install and remove temporary as well as permanent fencing for special events, recreation facilities including tennis courts, ballfields, basketball courts, perimeter fencing and construction projects, and authorize the appropriate officials to execute same. (consent) 6.2 Approve increasing Blanket Purchase Order (BPO BR511958) to Ruth Eckerd Hall, Inc. (REH) by $450,000, from $419,400 to $869,400, to reimburse REH for entertainment for concerts in Coachman Park, and authorize the appropriate officials to execute same. (consent) 6.3 Approve receiving funds awarded to the City from Senior Citizens Services, Inc. in the amount of $6,000 to fund educational, cultural and recreational day trips for older adults and establish a special program (181-98607), Senior Citizens Services - Trips, for these funds at first quarter. (consent) 6.4 Approve the Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Henry L. McMullen Tennis Complex, in the amount of $100,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.5 Approve the Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Countryside Sports Complex, in the amount of $100,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.6 Approve the Restrictive Covenant required by the State of Florida for a Cultural Facilities Grant awarded to Ruth Eckerd Hall, Inc. and authorize the appropriate officials to execute same. (consent) 6.7 Approve an Agreement between the City and Alexandra of Clearwater Beach, Inc. (Alexandra), Clearwater, Florida for the operation and maintenance of the Pier 60 Concessions located at 10 Pier 60 Drive from March 1, 2017 through February 28, Page 3 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 2022, and authorize the appropriate officials to execute same. (consent) 6.8 Approve the agreement between Phillies Florida LLC and the City of Clearwater Fire and Rescue Department to provide emergency medical services at Spectrum Field for 2017 baseball events as outlined in the agreement, and authorize the Fire Chief of Clearwater Fire and Rescue to execute same. (consent) 6.9 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during the Spring Break period of February 24 through April 30, 2017, with the City contributing a lump sum not to exceed $50,000, and authorize the appropriate officials to execute same. (consent) See below. 6.10 Approve the Conditional Assignment of Lease for Room 8 in the Clearwater Beach Marina at 25 Causeway Blvd., Clearwater, FL from the current lessee, Anthony Ferrandino d/b/a Dockside Dino’s, LLC, to Frank Chivas d/b/a Marina Cantina, LLC with no changes in the existing lease and authorize the appropriate officials to execute same. (consent) 6.11 Approve the first amendment to the Recycling Services Agreement with Waste Management/Recycle America, L.L.C. (WM/RA); establish a blanket purchase order (contract) in the amount of $100,000 for the processing of the City’s single stream recycling commodity at the processing contractor’s facility in Tampa, FL through December 15, 2017, as provided in the City’s Code of Ordinances, Section 2.564(1) (e) Exceptions to Bid (impractical to bid) and authorize the appropriate officials to execute same. (consent) 6.12 Approve an annual increase of $50,000 to the purchase agreement (blanket purchase order) with Wastequip LLC of Statesville, NC (from $175,000 to $225,000) for the purchase of compactors and compactor parts for the remaining agreement term and authorize the appropriate officials to execute same. (consent) 6.13 Reappoint Ricardo Ortega to the Parks and Recreation Board with term to expire January 31, 2021. (consent) 6.14 Appoint Jennifer Barbaro to the Public Art and Design Board as the Clearwater Arts Alliance, Inc. representative to fill the remainder of an unexpired term through March 31, 2018. (consent) 6.15 Request for authority to institute a civil action on behalf of the City against MJK Consulting Services, Inc. to recover $743.08 for damages to city property. (consent) 6.16 Request for authority to institute a civil action on behalf of the City against Global Page 4 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 Asset Solutions to recover $668.81 for damages to city property. (consent) 6.17 Request for authority to institute a civil action on behalf of the City against Drain Pro to recover $677.58 for damages to city property. (consent) 6.18 Request for authority to institute a civil action on behalf of the City against Groundscapes, Inc. to recover $847.08 for damages to city property. (consent) 6.19 Request for authority to institute a civil action on behalf of the City against William Patrick McKnight to recover $10,000.00 for a promissory note. (consent) 6.20 Request for authority to institute a civil action on behalf of the City against David Alan DeCoursey to recover $988.92 for damages to city property. (consent) 6.21 Request for authority to institute a civil action on behalf of the City against Challenger Irrigation, Inc. to recover $806.64 for damages to city property. (consent) 6.22 Request for authority to institute a civil action on behalf of the City against Dallas 1 Corporation f/k/a Dallas 1 Construction and Development, Inc. to recover $948.43 for damages to city property. (consent) Councilmember Caudell moved to approve the Consent Agenda as submitted, less Item 6.9, and authorize the apporpriate officials to execute same. The motion was duly seconded and carried unanimously. 6.9 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during the Spring Break period of February 24 through April 30, 2017, with the City contributing a lump sum not to exceed $50,000, and authorize the appropriate officials to execute same. In order to provide additional alternatives for traveling to Clearwater Beach during the 2017 Spring Break season, the City, PSTA and the Clearwater Regional Chamber of Commerce propose utilizing the Coachman Park parking lots as Park and Ride lot for the a 66-day period commencing February 24, 2017 through April 30, 2017. Users would have the option of taking the Clearwater Ferry Taxi Service or the Jolley Trolley to and from the beach, instead of driving. PSTA currently has an agreement with the Jolley Trolley to operate the Clearwater Beach Route, and intends to engage with the Jolley Trolley for this expanded service. The proposed agreement sets forth the City’s commitment Page 5 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 to contribute a lump sum not to exceed $50,000 towards PSTA’s enhanced financial obligations under PSTA’s agreement with the Jolley Trolley to provide the Clearwater Beach Route during the Spring Break season. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase cost code 435-01333-581000, Payment to Agencies, by $50,000 to fund this contract. This increase will be funded with available Parking Fund operating revenues. USE OF RESERVE FUNDS: N/A In response to questions, Deputy City Manager Jill Silverboard said the City's contract for trolley services is with the PSTA, but it does not preclude the efforts staff is making to ensure the Park and Ride program for Spring Break includes the ferry service. Public Communications Director Joelle Castelli has met with PSTA, Clearwater Ferry and the Chamber of Commerce regarding the marketing piece, which will be comprehensive and support any transit alternative and available parking during Spring Break. The agreement before Council is to pay for 1/2 of the incremental cost for adding in a trolley and additional stops during Spring Break to hopefully move the people who chose to park Downtown to the beach. The fare is being extended by PSTA and not part of this agenda item. Ms.Silverboard said PSTA is providing the fare piece from within their resources. Councilmember Cundiff moved to approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during the Spring Break period of February 24 through April 30, 2017, with the City contributing a lump sum not to exceed $50,000, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8986-17 on second reading, vacating a portion of a 45 foot drainage and utility easement that lies on the North boundary of Lot 148 of Coachman Ridge - Tract A-1, according to the map or plat thereof recorded in Plat Book 83, Pages 62, 63, and 64 of the Public Records of Pinellas County, Florida. Ordinance 8986-17 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8986-17on Page 6 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.2 Adopt Ordinance 8989-17 on second reading, annexing certain real property whose post office address is 3071 Hoyt Avenue, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8989-17 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8989-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.3 Adopt Ordinance 8990-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3071 Hoyt Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8990-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8990-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.4 Adopt Ordinance 8991-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3071 Hoyt Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8991-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8991-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton Page 7 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 7.5 Adopt Ordinance 8988-17 on second reading, amending the Clearwater Community Development Code to establish the US 19 Corridor (US 19) District with new development standards and a regulating plan for properties located along US Highway 19 and along cross streets, allowing telecommunications towers as a minimum standard use, creating standards for bicycle parking, and making other amendments associated with the new US 19 Corridor District. One individual requested future consideration be given to allow flexibility for smaller parcels. Ordinance 8988-17 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8988-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.6 Adopt Ordinance 8987-17 on second reading, amending the Zoning Atlas of the city by rezoning 4,036 properties that are generally located on the East and West sides of U.S. Highway 19 between Belleair Road and Curlew Road, including properties east and west of US 19 along cross streets from 12 different categories to the US 19 (US 19) and Preservation (P) Districts. Ordinance 8987-17 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8987-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.7 Adopt Ordinance 8992-17 on second reading, annexing certain real property whose post office address is 1720 Thomas Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8992-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8992-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton Page 8 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 7.8 Adopt Ordinance 8993-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1720 Thomas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8993-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8993-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.9 Adopt Ordinance 8994-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1720 Thomas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8994-17 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8994-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 7.10 Adopt Ordinance 8995-17 on second reading, imposing a temporary moratorium on the operation of any additional Dispensing Organizations that dispense Low-THC Cannabis or Medical Cannabis or on the operation of Medical Marijuana Treatment Centers within the city for a period of six months. Ordinance 8995-17 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8995-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8. City Manager Reports 8.1 Accept Imagine Clearwater A Community Vision for the Downtown Clearwater Page 9 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 Waterfront. The creation of a master plan for the Downtown waterfront/bluff area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater. In April 2016, City Council awarded a contract to HR&A Advisors, Inc. to prepare such plan. Imagine Clearwater was a six month planning process focused on developing strategies to: • better connect the waterfront with Downtown; • draw residents and visitors to the waterfront; and • catalyze greater activity and investment Downtown. Due to the importance of the Downtown waterfront to the residents of Clearwater, an extensive public engagement process was employed that involved stakeholder interviews, stakeholder coalition meetings, seven community workshops, a project website, and Facebook page. Residents from numerous Clearwater neighborhoods participated in this process and together developed a vision and guiding principles for the project. They also provided feedback and guidance as the plan evolved. The Plan is centered on the implementation of four key strategies. • The waterfront must be anchored by a dynamic new open space. • Coachman Park needs an active edge. • An improved Osceola Ave. should complement Cleveland Street. • Access to the site should incorporate all modes of transportation. Imagine Clearwater envisions an enlarged and redesigned park that includes five distinct areas - the Civic Gateway, Bluff Walk, the Green, Coachman Garden, and the Estuary. These areas provide a variety of spatial experiences with opportunities for active and passive use. This variety, along with additional programming, is intended to accommodate people of all ages and interests, which will help draw people to the park. In addition to creating a unique and exciting waterfront, a central element of Imagine Clearwater is to activate the bluff. Framing the park with active uses, such as residential, hotel, dining and cultural uses will increase activity and safety within the park and attract people to the area. An active bluff will also better connect the waterfront with Downtown and leverage city investments, and create physical connections to attract people from Downtown to the waterfront and vice versa. Improved connectivity and access to the waterfront through a variety of modes is also central to the success of the Downtown waterfront/bluff area, therefore, Imagine Clearwater also includes a multi-modal strategy that includes a variety of pedestrian routes, shared bicycles lanes, a Jolley Trolley route, the Page 10 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 Clearwater Ferry and parking dispersed throughout the park. Imagine Clearwater includes an implementation strategy which sets forth phasing, governance, funding, and key next steps. Due to the size and complexity of the project, the improvements are proposed to be implemented in two phases over a 10 year period. Due to the elevated level of programming envisioned for the park, the Plan also recommends the formation of a public-private partnership to share the responsibilities of programming, maintenance, capital projects and even advocacy for the plan vision and passage of the referendum. In response to the presentation of several options for an aerial transit system that would link Downtown Clearwater to Clearwater Beach, City Council authorized the expansion of the Imagine Clearwater scope to evaluate possible downtown terminus locations. After an initial period of review, and further assessment of the direction of the master plan and other city actions, staff directed that the consultant discontinue further analysis. The reasons include but are not limited to the following. First, at one point it was determined that the park master plan would not accommodate infrastructure for a transit component in its final draft recommendation. Secondly, the City initiated an agreement for a coordinated approach with PSTA for conceptualized design for a bus transfer station and facility on property currently owned by the City. Lastly, limited analysis and other supporting documentation that could be provided by specific transit alternatives limited the level of detailed review that would be able to provide substantive and meaningful direction at this time. This is not to imply or suggest in any way that additional consideration should not be given to increasing the number of transit options to provide improved service from the mainland to Clearwater Beach. Rather, it is staff’s belief that a more deliberate and comprehensive approach would better advance the level of serious discussion needed to determine that next appropriate steps in transportation planning options. A more timely engagement of the City’s transportation planner, traffic operations, and coordination with PSTA and Forward Pinellas can better position the City to advance transportation options. The Planning and Development Department recommends that City Council accept Imagine Clearwater A community Vision For the Downtown Clearwater Waterfront. HR&A representative Cary Hirschtein and Sasaki Urban Designer Martin Zogran provided a PowerPoint presentation. Planning and Development Director Michael Delk said there is no perfect plan but changes to the proposed plan are expected. He recommended that changes be approached judiciously; if not, the City runs the risk of not being able to fully pursue the plan as the citizen Page 11 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 initiated effort final draft represents. The proposed plan is the most important ingredient in creating a sense of place, community and establishing Downtown Clearwater as an urban neighborhood. Imagine Clearwater, coupled with the redesign of Cleveland Street as a Complete Street, the implementation of the North Marina Master Plan and the lighting of the Memorial Causeway, will create value and build on the current momentum and provide a renewed sense of ownership for our citizens in Downtown. Mr. Delk said the Stakeholders Committee unanimously recommended this afternoon that Council accept the proposed plan. Deputy City Manager Jill Silverboard said staff requests council consideration to schedule a meeting for Council to discuss the proposed plan and provide direction. The City Clerk has placed a hold for Tuesday, February 21, any time after 4:00 p.m., on Council's calendars. Accepting the plan tonight ends the public engagement component by the consultant. Mr. Delk said the next step would be defining how to implement the plan. Discussion ensued with comments made that accepting the proposed plan tonight would not commit the City to anything mentioned in the plan. In response to questions, Cary said during the sessions the team heard people wanted greater connectivity at the waterfront; the team was cognizant of safety issues and worked with city staff to create a plan to achieve that goal. The community also expressed a desire for a plan that focused on the natural elements of the area; the trend in parks and open spaces across the country is implementing a flexible landscape that supports different program elements. Martin said the proposed estuary is suggestive and addresses stormwater treatment coming from the park; not a legally defined estuary. Ms. Silverboard said Council is not bound to any item included in the plan. Eight individuals spoke in support, with one individual stressing the need to include transportation as part of the planning process. One individual spoke in support and suggested that referendum language not utilize the word "downtown," as the area belongs to all Clearwater citizens. One individual opposed the proposed retention pond included in the plan and expressed disappointment that aerial transit was not included in the plan. One individual said the ULI study stressed the importance of active Page 12 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 destination nodes at the water's edge, such as a restaurant and cautioned against too much green space as it will attract only day time use. In response to questions, Mr. Delk said the final bill related to the elevated transit study expended only a fraction of the approved budget. It was determined early in the process that the park developed in conjunction with the public was not going to accommodate the infrastructure for transit operations. Mr. Delk said that the City also entered into an agreement with PSTA for the multimodal bus transfer facility on a city-owned site. It was also determined by staff and the consultants that analysis was lacking for any of the transit groups offering options in order to make expenditure of the money productive, as it relates to the development of this plan. Mr. Delk said the remaining funds will be returned to the General Fund. He anticipates future council discussion on reinitiating efforts for multi modal options. Councilmember Hamilton moved to Accept Imagine Clearwater A Community Vision for the Downtown Clearwater Waterfront. The motion was duly seconded and carried unanimously. 9. City Attorney Reports – None. 10. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Jonson wished his wife a Happy 15th Anniversary. He said he attended a Scenic Florida meeting in Miramar Beach which is a new development area; a conservancy group was created for their project called the Scenic Corridor Foundation, which raised money for undergrounding utilities and landscaping. He complimented the Mayor on his representation of Clearwater at the Tiger Bay meeting. Councilmember Caudell thanked the Mayor for his representation at the Tiger Bay meeting. She thanked the Bluff Masterplan consultants for their work and said work will continue on transportation issues. Councilmember Cundiff said Skytran is an elevated personal rapid transit system that was invented by NASA engineers in conjunction with the Israeli aerospace industry and a system was being installed in Dubai. He said Skytram has at least 20 advantages over other systems, it is solar powered with a small footprint. Skytram is privately funded and does not want to use Page 13 City of Clearwater Draft City Council Meeting Minutes February 2, 2017 public dollars. He discussed a high speed county and state wide system that would have the ability to travel from here to Orlando in 30 minutes Councilmember Hamilton congratulated the Mayor on his representation at the Tiger Bay meeting. He said the Phillies catchers and pitchers will be here in 10 days. He urged all to prepare for the influx of visitors for the high spring season. 11. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 12. Adjourn The meeting adjourned at 8:12 p.m. Mayor City of Clearwater Attest City Clerk Page 14 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3226 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 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 2/15/2017 [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: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3212 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3214 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 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 2/15/2017 File Number: ID#17-3214 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3193 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.5 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-3133 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3209 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 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 $295,966.53, 0315-9227, Streets and Sidewalks to fund the contract. Page 1 City of Clearwater Printed on 2/15/2017 ITEM DESCRIPTION UNIT UNIT QTY UNIT PRICE TOTAL UNIT QTY UNIT PRICE New Sidewalk 1.0 Mobilization and Site Preparation 1.1 Maintenance of Traffic LS 1 50,892.00$ 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: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 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. 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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 CLEVELAND LANDMARKI SL ANDHIGHLANDSATURNFORT HARRISONHARNGULFTURNERDUNCANGARDEN E MARSBAYSHOREBARRYMARTIN LUTHER KING, JR.MANDALAYVINEPALMETTO LAURA ENTERPRISE GLENWOODOSCEOLASEMINOLE MAINNASH FLAGLER LAKEBRUCEKEYSTONEJONES A MAPLE DREW OAKCIRUSPINE KINGSPIERCESNUG FRISCOORIONMASTERSDRUID H A R B O R DMIDWAY McKINLEY GULFVIEW PARK COMETBAYVIEWPINELLAS GREENLEA ARCTURASSABER NIMBUSLANTANAST. 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CHARLES EASTLAND GENTRY HOBARTPLAZA McCORMICK KILMERYELVINGTONWELLINGTONGRANADA LARBOARDWEBBENGMAN CHAUTAUQUAWILLIAMSEWINGGRANDBEECHER FARRIERROGERS LINCOLNSHELLEY PHOENIXJAFFASKYVIEWNEPTUNE MOORE HAVENTHAMES JUPITERWOODLEYMANORCAMPUS TUSCOLA UNIVERSITYWOOD SKYLINEMINNEOLA CALUMET ORANGEVIEWALBRIGHTBAY HARVARD TERRACE FLORA SWEETGUM POINSETTIATHOMASWESTCHESTER JOHNS SUNNYDALE MADISONKINGSLEY GRAND CENTRAL HILLCREEK BENTLEY MISSOURICOLLEGE RUSSELL BOOTHFAIRMONTSPRINGTIMEARBELIA STETSONLADY MARYGROVEWOOD LORICLUBHOUSE BRENDLACARLISLE HILLTOPSEVARDBURNTFORKHASTINGS LIMEPROSPECT LONG VIEW ACACIA LEEDEMPSEYPRESCOTTCLAIBORNE SARAH HIBISCUS SO U TH FLORIDAHAZELWOODLAWRENCEOWENCARDINALWILSON WINDING WOOD S K IF F VARSITY OXFORDALPINEALGONQUIN QUAIL HOLLOW JUNIPER REBECCA CHAMBLEE BROOKSIDESEABREEZE PINEBROOK ELDRIDGEDOUGLAS PLATEAU CARACASGRENADAWOODLAWN ERIN ASHLAND SPRUCEBYRONJEFFERSONBELL CHEERCHESTERJEFFORDS TUSKAWILLA B RIPON SOUTHRIDGE EVELYNWILDWOOD SPRING THIRD AMBASSADORUNION LEBEAU RIDGECINCI NNATI BASCOM PRINCETONFERNWOODMEADOWVENUSELM LEES C A S C A D E FLINT LOCKDARTMOUTH ELYSIUMSAN REMOMAYFAIR OAK HILL FAIRBANKS NICHOLSON HEATHERBEAVERMULBERRY BELLEVIEW MORNINGSIDE DORAWEST VIRGINIABOHENIA P H E A S A N T BARRINGTON BUCKHORNABBEY LAKEBORDEAUXTODD EVERGREENGLENVILLEHERMITAGECARLOSBAYMONT GEIGER C BEVERLY McLENNAN MEADOW OAKWASHINGTONMYRTLELEM ON MEADOW LARKGL ENEAGLESWESSEXO A K C R E EK PLEASANT CHARTER OAKS GL O R I A AUGUSTA SALLYLUCE PIN OAKASTER PRINCESS TALONMACRAEWINGSBECKETT LAKEEDGEWOODROOSEVELTEAGLERANCHWOODBRAMPTONROSEEVERGLADESHEMERICKBEACHWOODREGENTGLENMOORPOWDERHORN L A N D O V E R ALOHA CARMELBAMBOOMELONWOODBIRCHBARK COMMODORE ELIZABETHWINDSOR WOODCRESTJADEVIRGINIACYPRUSMAYWOODANDERSONCYPRESS BEND SHORESEVILLE WOODSIDEDOWNING FOURTH SUNSHINEEUNICEM E A D O W H IL L CEPHASRIDGELANE ALLENPLUMOSABUDLEIGH CROWN CIELOTIMBERCRESTKARLYNTHORNTONVENETIAN DRUID PARKORANGELANSINGBRENTWOOD BELMONTALMAREYNOLDS SADLONSANTIAGOBROWNELL MARIVAST. ANDREWS DAMASCUSKENILWICK SUMMITNORWOODANNLOMA LINDADEXTERDANIELALDENCOUNTRYCLUB HAVENMERRILL MORROWSABAL SPRINGS CANTERBURYMONTAGUE TULANEANNACEDAR RUN CAMBRIA DOXBERRY BREWTON SEA PINES BAYMAGNOLIALOTUS SANDY R O S E SHARKEY HARBOR WASHINGTONCEDAR ENGMAN GROVE WOODLAWN S TA G R U N ALLEN LAURA THOMAS SUNNYDALE DREWBETTY BAYVIEWMISSOURIPARK GROVE PALMBETTYTURNER DUNCANP A L M PRESCOTTJUPITERKINGSENGMAN CLEVELAND FAIRMONT LOTUS P A L M IDLEWILD EVELYNEASTLINCOLNARCTURASBETTYWOODMADISONSOUTH JASMINEBETTY EWINGCALUMETROGERS PALM GARDENTIOGABAYVIEWELDRIDGE JEFFORDS MAGNOLIA JASMINE TERRACE PINE CO UNTRYSIDELAKEVIEW EASTOSCEOLAPARK JASMINE MAGNOLIA MYRTLEBETTYFRANKLIN E N T E R P R IS E DRUID LONG SANDY PINE HART HILLCRESTLOTUS PINELAND 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: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.9 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3234 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Amend City Council Policies to add a new Block Party Insurance Requirement under General Administration. (consent) 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 2/15/2017 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 2/15/2017 i CITY COUNCIL POLICIES Adopted 12-1-2016 ii CITY COUNCIL POLICIES TABLE OF CONTENTS Boards ............................................................................................................Page 1 Representative Balance ........................................................................................1A Ad Hoc Committee.................................................................................................1B City Representatives on Non-City Boards ............................................................1C Non-Board Business Functions Sunshine Law ....................................................1D Special Request .....................................................................................................1E Input to Other Boards/Committees........................................................................1F Letterhead ..............................................................................................................1G Campaign Material During Meetings .....................................................................1H Input from Advisory Boards ....................................................................................1 I Advisory Board Appreciation ..................................................................................1J Budget ....................................................................................................Pages 2-17 Balanced Budget....................................................................................................2A Maintenance of Capital Plant and Equipment ......................................................2B Budget Review Process ........................................................................................2C Budgetary Position Control ....................................................................................2D General Fund Unappropriated Retained Earnings ...............................................2E Capital Improvement Budget and Capital Improvement Plan ..............................2F Road Millage ..........................................................................................................3G Enterprise Funds....................................................................................................3H Enterprise Fund Transfer Payment ........................................................................3 I Interfund Administrative Charge.............................................................................3J Interfund Other Service Charge ............................................................................4K CRA Contribution to General Fund ........................................................................4L Special Events Fee ................................................................................................4M Accounting Procedures .........................................................................................5N Review of Rate Schedules ....................................................................................5O Review of Annual Audit .........................................................................................5P Investment Policy...................................................................................................5Q Debt Management Policy ....................................................................................11R Central Insurance Reserve Policy .......................................................................15S Clearwater Gas System Gas Supply Hedging Policy.........................................15T Audit Committee ..................................................................................................17U City Council .........................................................................................Pages 18-21 Resolutions ..........................................................................................................18A Proclamations ......................................................................................................18B Representation on Boards ...................................................................................18C Citizen Inquiries-Responses ................................................................................18D Departing Councilmembers’ Gifts .......................................................................19E Travel ...................................................................................................................19F Fund Raisers ........................................................................................................19G Staff Projects ........................................................................................................19H Annual Events ........................................................................................................19I Televising Council Meetings .................................................................................20J Information Available to Public and Press ..........................................................20K Distribution of Correspondence...........................................................................20L Strategic Direction/Planning ................................................................................21M iii City Employees ...........................................................................................Page 22 Participating in Auctions ......................................................................................22A Reimbursement of certain meal event……………………………………………..22B General Administration ......................................................................Pages 23-26 Application Fee Waivers ......................................................................................23A Bright and Beautiful .............................................................................................23B Fire Lanes ............................................................................................................23C Copyright Fees .....................................................................................................24D Renewal ...............................................................................................................24E Stationery .............................................................................................................24F Welcome Letters ..................................................................................................24G Citizens to be Heard Response............................................................................24H Block Party Insurance Requirement .....................................................................24I Special Event Street Closure Limitation.…………………………………………...24JI Roadside Memorial Marker Program...…………………………………….….25K4J City Sponsored Events………………………………………………………………26LK Courtney Campbell Parkway (State Road 60)Welcome Signage Program….26ML Land Development..............................................................................Pages 28-29 Annexation Agreements ......................................................................................28A Subdivision Monuments ......................................................................................28B Petitions for Annexation.......................................................................................28C Landscaping of City Roads..................................................................................28D Parks & Recreation Card to Annexing Property .................................................28E Waiver/reduction of Liens…………………………………………………………...29F Legal .............................................................................................................Page 30 Case Reports .......................................................................................................30A Leisure..................................................................................................Pages 31-33 Holiday Decorations.............................................................................................31A Library Donor Naming Recognition………………………………………………..31B Amplification of Sound at City Venues…………………………………………….31C Ages 12-13 Supervised Use of City Recreation Fitness Facilities………………32D CITY COUNCIL POLICY 23 GENERAL ADMINISTRATION A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE:The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC – waived permit, application, inspection,and other fees via Resolution 14-03 None of the above includes waiving impact fees. B.Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners,lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters,property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C.Fire Lanes.Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 24 General Administration (contd.) D.Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. E.Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. F.Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. G.Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater. H.Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 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 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. JI.Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 25 General Administration (contd.) KJ.Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right- of-way on segments of roadway in incorporated Clearwater. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. The policy will apply to fatalities occurring after January 1,2005. The installation of a roadside memorial marker will be processed in accordance with the following: Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. The memorial marker shall be a 15” diameter aluminum sign with a white background and black letters. 26 General Administration (contd.) The sign message will state ‘Drive Safely – In memory’, and the family will have the option of adding the deceased’s name to the sign. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive’, ‘Buckle Up’, ‘Slow Down’,etc. The sign will be mounted at a height of 3.5’ (42”) from the ground to the top of the sign. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300.00. Upon request the sign becomes the property of the applicant. LK. City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20%less. ML. CourtneyCampbell Parkway (State Road 60) Welcome Signage Program. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign, and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. The installation of a welcome sign will be processed in accordance with the following: •Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. •The award to be recognized by the welcome sign must be of national or international significance. ► Accomplishment of national or international significance is 27 General Administration (contd.) an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. ►Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. •If approved, a welcome sign may be allowed for a period not to exceed two years. •Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City no approval is necessary. •Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 -$2,000). •The City Council must approve all welcome sign application requests. •The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3197 Agenda Date: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.11 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 2/15/2017 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: 2/16/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.12 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-11039 Agenda Date: 2/16/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 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 2/15/2017 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 2/15/2017 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: 2/16/2017 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.2 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 2/15/2017 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 2/15/2017 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 2/15/2017 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 2/15/2017 1 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 2 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. 3 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. 4 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. 5 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. 6 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: 7 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., 11 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:_____________ 12 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: 13 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. 15 EXHIBIT “B” See attached Conceptual Site Plan and Architectural Drawings 16 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" 9'-0"Top 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 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: 2/16/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 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 2/15/2017 File Number: TA2016-12004 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/15/2017 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: REZ2016-02002 Agenda Date: 2/16/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2016-02002 Agenda Date: 2/16/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: DVA2016-09001 Agenda Date: 2/16/2017 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.6 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 17-11 Agenda Date: 2/16/2017 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Economic Development & Housing Agenda Number: 9.1 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 2/15/2017 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#17-3218 Agenda Date: 2/16/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 9.2 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 2/15/2017 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: 2/16/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.3 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 2/15/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3222 Agenda Date: 2/16/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.4 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 2/15/2017 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 2/15/2017