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02/27/2017Monday, February 27, 2017 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda February 27, 2017Council Work Session Work Session Agenda 1. Call to Order 2. Presentations February Service Awards2.1 3. Office of Management and Budget Discuss proposed project list for the Penny for Pinellas extension (Penny IV). (WSO) 3.1 4. Economic Development and Housing Authorize a loan in an amount not to exceed $600,000 to Habitat for Humanity of Pinellas County, Inc. to construct up to 13 single family homes within the 600 block of North Garden Avenue, Clearwater, Florida, enter into a mortgage contingent on closing the acquisition of said property, and authorize the appropriate officials to execute documents required to affect closing. (consent) 4.1 5. Finance Approve an addendum to The Bancorp Bank (dba Mears Motor Leasing) Master Lease Agreement to increase the total available credit line from $24,728,010 to $45,000,000; require all financed items to have a unique identifiable number (i.e. VIN or serial number); and change the interest rate on draws amortized over 3 years to the 3-Year Treasury Constant Maturity Rate (3-year CMT) plus 1.00%; and authorize the appropriate officials to execute same. (consent) 5.1 Ratify the settlement of liability claim of Reed Myles and Becky Myles for payment not to exceed $69,667.85 and authorize the appropriate officials to execute same. (consent) 5.2 6. Human Resources Approve a purchase order (contract) in the amount of $360,000 to Unum Life Insurance Company of America for the period January 2017 through December 2017 for city paid life insurance and Long Term Disability benefit and authorize the appropriate officials to execute same. (consent) 6.1 7. Engineering Approve a General Utility Easement over Lot 16, Block D of Bayside Subdivision No.6, Unit C, conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) 7.1 Page 2 City of Clearwater Printed on 2/24/2017 February 27, 2017Council Work Session Work Session Agenda Approve a Work Order to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $199,800 for Permanent Wastewater Flow Monitoring System complete with data analysis and reporting over a 12-month period and authorize the appropriate officials to execute same. (consent) 7.2 Approve a supplemental work order to Engineer of Record (EOR) McKim and Creed, Inc. in the amount of $76,926.00 for the Reverse Osmosis Water Treatment Plant 1 Blend Tank Removal Project (16-0032-UT); and authorize the appropriate officials to execute same. (consent) 7.3 Authorize the purchase of four 170 horsepower Flygt Pumps from Xylem Water Solutions USA, Inc., Apopka, FL for $671,705.00; three Yaskawa Variable Frequency Drives from ICON Technologies, Tampa, FL for $114,644.77; one Square D Switchboard, one Motor Control Center and miscellaneous electrical equipment from Schneider Electric USA Inc., Tampa, FL for $38,500 for the Marshall St. Influent Pump Station Emergency Repairs Project (16-0038-UT), and authorize the appropriate officials to execute same. (consent) 7.4 8. Fire Department Approve a renewable 5-year term Interlocal Agreement between Pinellas County Government and City of Clearwater to provide Ross Norton Recreational Complex as a Public Disaster Shelter during times of emergency, and allow the City of Clearwater’s Emergency Manager to execute same. (consent) 8.1 Approve the Federally Funded Public Assistance Funding Agreement for public assistance support for Hurricane Hermine expenditures and allow the City Manager to execute same. (consent) 8.2 9. Planning Provide direction on the termination of the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, which provided for the allocation of up to 69 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 16, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08007) 9.1 Deny a 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 reject Resolution 17-01. (HDA2016-09001) 9.2 Page 3 City of Clearwater Printed on 2/24/2017 February 27, 2017Council Work Session Work Session Agenda 10. Official Records and Legislative Services Appoint two members to the Community Development Board with terms to expire February 28, 2021. 10.1 Reappoint Barbara Blakely, Elizabeth Folk, Barbara Ann Murphey and Rosalie G. Murray to the Library Board with terms expiring February 28, 2021. 10.2 Schedule a Strategic Planning Session.10.3 11. Legal Adopt Ordinance 8996-17 on second reading, creating Section 3-1505 of the Community Development Code to create a Foreclosure Property Registry and provide for enforcement and penalties. 11.1 Adopt Ordinance 8997-17 on second reading, annexing certain real properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, along with certain abutting Rights-of-Way of Stevenson’s Drive and Carol Drive, all in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 11.2 Adopt Ordinance 8998-17 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 properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 11.3 Adopt Ordinance 8999-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 11.4 Continue 2nd reading of Ordinance 9002-17 to April 6, 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. (LUP2016-02002) 11.5 Continue 2nd reading of Ordinance 9003-17 to April 6, 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. (REZ2016-02002) 11.6 Page 4 City of Clearwater Printed on 2/24/2017 February 27, 2017Council Work Session Work Session Agenda 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Clearwater for Youth College Scholarship Candidates - Hank Webb, Executive Director, Clearwater for Youth 17.1 2017 Youth Arts Month Proclamation - Beth Daniels, President, Clearwater Arts Alliance 17.2 Newspaper in Education Week Proclamation - Sue Bedry from Newspaper in Education, Tampa Bay Times 17.3 Page 5 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3190 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: February Service Awards SUMMARY: 5 Years of Service Eric Mitchell Police Justin Murray Police Jason Moore Police Lauren Josey Police Michael Beaver Police 10 Years of Service Sarah Kessler Engineering 15 Years of Service Melanie Kindred Police 20 Years of Service Anthony Nellis Solid Waste Mary Repp Parks & Recreation 25 Years of Service Charles Warrington Gas Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3145 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Office of Managment & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Discuss proposed project list for the Penny for Pinellas extension (Penny IV). (WSO) SUMMARY: The referendum on the renewal of Penny for Pinellas is scheduled for November 7, 2017. In preparation, Pinellas County has established a timeline for municipalities to provide necessary information to be used for public outreach. Staff has provided the City Manager’s list of recommended projects to the City Council for infrastructure projects during this next ten-year cycle. A listing of proposed projects is due to the County in April. Page 1 City of Clearwater Printed on 2/24/2017 Page | 1 City of Clearwater – Proposed Project List Penny for Pinellas Extension 2020-2030 Page | 2 Penny for Pinellas In 1989 the “Penny for Pinellas” (infrastructure) sales tax was originally approved at countywide referendum for a ten-year period starting in 1990. In the spring of 1997, county voters approved the extension of the “Penny for Pinellas” tax for the ten-year period through 2010. And in spring of 2007, voters approved the second extension for the ten-year period ending in 2020. Since the inception of Penny in 1990, the City has received approximately $210 million of Penny dollars. This has provided a major economical boost to the City’s economy, offering a means to provide facilities and service, most which would have been difficult to achieve without this resource. Some of the major City of Clearwater projects that have been funded from receipts to date include:  Memorial Causeway Bridge  Main Library  Bright House Stadium  Sand Key Fire Station (#44)  Northwest Fire Station (#51)  Clearwater Mall Fire Station (#49)  Main Fire Station (#45)  Belcher Road Fire Station & Training Facility (#48)  Countryside Recreation Center  Ross Norton Complex  North Greenwood Recreation, Aquatics Center and Library  Countryside Library  Clearwater Beach Recreation Complex  Pier 60 & Pier 60 Park  Pier 60 Entranceway Approaches  Beach Walk  Municipal Service Building/Public Safety Complex  Clearwater Pass Bridge  Drew Street Widening  Countryside Boulevard Widening  Stevenson Creek Improvements  Landmark Drive Extension  Long Center – Aging Well Center, Playground and Infrastructure Improvements  Druid Road Widening  Downtown Streetscaping (Phases I and II)  Fire Engines/Rescues, Police Vehicles Other projects planned for the remainder of the current ten-year cycle include:  Consolidated "Eastside/SPC" Library  Countryside Fire Station (#50)  Clearwater Beach Fire Station (#46)  Lakeview Fire Station (#47)  Crest Lake Park Improvements  Morningside Recreation Center Replacement  Downtown Streetscaping (Phase III) Page | 3 Facts about the Penny for Pinellas tax:  1% sales tax paid by everyone who spends money in the County  Approximately 1/3 of revenue contributed by tourists and seasonal visitors, providing more cost-savings to our residents  Necessities, such as groceries and medicines, are NOT taxed  Only the first $5,000 of any single purchase (such as a car) is taxed Future Plans for Penny According to Pinellas County estimate, the City of Clearwater will receive approximately $141,314,000 of proceeds over the fourth ten-year period beginning in the year 2020. The following pages detail the City Manager’s list of recommended projects to the City Council for infrastructure projects during this next ten-year cycle. All of these projects support the City of Clearwater’s Strategic Plan with the supporting goals and objectives identified. Proposed Project Summary Project Title Projected Penny Budget Scope Page # Utilities Infrastructure 20,000,000$ 4 Major League Baseball Training Facilities 7,500,000 5 Second Century Clearwater Projects 8,000,000 6 Fire Engines/Rescue Vehicles 8,560,000 7 Police Vehicles 1,750,000 8 Police District III (Countryside Sub Station)5,500,000 9 Neighborhood and Community Parks Renovations 3,500,000 10 Youth Sports Fields Renovations 5,000,000 11 Recreation Trails 2,500,000 12 McMullen Tennis Complex Expansion 2,000,000 13 Environmental Park Improvements 1,500,000 14 Beach Marina Upgrades 15,000,000 15 Public Works Complex 12,300,000 17 City Hall 6,300,000 18 Downtown Parking Garage 10,500,000 19 Sand Key Bridge Replacement Fund 30,000,000 20 Total 139,910,000$ Page | 4 Utilities Infrastructure BACKGROUND: The city has built out its sanitary sewer system over the past 95 years. While the Public Utilities Department has strived to maintain the system through a proactive maintenance program, recent analysis is indicating a more aggressive schedule of rehabilitation is necessary to help reduce the risk of sanitary sewer overflows during peak flow events. SCOPE: This project will make upgrades to aging sanitary sewer infrastructure throughout the city that is contributing to sanitary sewer overflows due to its age and condition. The work will include upgrades to sanitary sewer pipes, manholes, sanitary sewer pump stations and the associated pressure force mains. Currently, planning and evaluations are under way to which will more clearly identify specific utility infrastructure projects for this time frame. Staff proposes a phased approach over the Penny cycle for the upgrades/replacement of infrastructure based on age.  Phase 1 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Clearwater Beach and Island Estates.  Phase 2 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Marshall Street wastewater basin.  Phase 3 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for East wastewater basin.  Phase 4 – Sanitary sewer pipeline, lift station, manhole and force main upgrades for Northeast wastewater basin. PRELIMINARY ESTIMATE: $20,000,000 STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 5 Major League Baseball Training Facilities BACKGROUND: The training facilities for the Philadelphia Phillies and their associated minor league teams, includes Carpenter Complex, Joe DiMaggio Fields and Spectrum Field (formerly Bright House Networks Field). While Carpenter Complex has been in use from the early 1970’s; Spectrum Field was constructed in 2004 and has been in service 12 years. In 2024 the facility will be 20 years old and a new agreement with the Phillies will be required at that time. The City has invested several million dollars over the years and continues to invest several hundred thousand dollars a year to keep the facility up to first class major league baseball standards. In order to continue to maintain the current facilities up to these standards, several major infrastructure projects need to take place in the future. A reserve study was completed in fiscal year 2015 to determine the future maintenance needs as well as a budget for other improvements needed at this facility. Additionally other player development facilities will need to be addressed at that time. The total cost in fiscal year 2020/21 could be up to $40 million for all renovations, repairs upgrades and new development facilities. The City portion of the cost is estimated to be between $5,000,000 and $7,500,000 with the Philadelphia Phillies, Pinellas County and the State of Florida picking up the remainder of the costs. SCOPE: This project will include renovations and refurbishment to the Carpenter Field Complex buildings including the club house and training facility buildings as well as other general field improvements. Spectrum Field will need major renovations to all mechanical systems, roofing, structural, retaining walls, scoreboard, signage and seating. In addition all of the interior spaces including concession stands, dugouts, retail areas, ticketing, coolers, suites, offices, administrative staff area, media room will need to be repaired and upgraded. New improvements needed at the stadium may include enclosing an additional section of the second floor into more suites, catering kitchen and ball player club house improvements. Development and construction of facilities to accommodate the need for player development would also be included in this project. PRELIMINARY ESTIMATE: $7,500,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Maintain tourism commitment, including sports tourism This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 6 Second Century Projects BACKGROUND: Second Century Projects reflect those projects emanating from the Urban Land Institute Panel Report completed in June of 2014. A number of significant initiatives resulting from that report and subsequent planning studies are anticipated. These projects are characterized by their significant impact on economic development, encouragement of private investment, creating a renewed “sense of place”, adding value to the downtown and surrounding market area, and building community in downtown Clearwater and surrounding area. SCOPE: This project will provide funding for various projects derived from strategies and actions identified in the North Marina Area Master Plan, Waterfront/Bluff Master Plan, as well as various other projects related to implementation of the Urban Land Use panel study report, and the Downtown Redevelopment Plan. For the North Marina Area Master Plan, funding is needed to enhance the Seminole boat ramp function, activate the waterfront with public realm and paths, complete streets from Pinellas Trail to the Seminole Boat Ramp, build enhanced gateways to the marina, provide streetscape amenities, improve street and pedestrian lighting, and improve the Pinellas trail. Plans are being designed for the redevelopment and reinvestment to the waterfront and bluff areas of downtown Clearwater as part of the Imagine Clearwater waterfront/bluff master plan process. This will include an expansion of Coachman Park to allow for a cohesive downtown waterfront. PRELIMINARY ESTIMATE: $8,000,000 STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Develop Downtown o Maintain tourism commitment This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 7 Fire Engine/Rescue Vehicles BACKGROUND: The Fire department has a fleet of 12 Engines (8 Frontline/ 4 reserve), 3 Ladder Trucks (2 Frontline/ 1 reserve), and 9 Rescues (5 Frontline/ 4 reserve), to support front -line Fire and Rescue operations in the City of Clearwater. On average, 2 vehicles are due fo r replacement each year. As part of the Infrastructure Surtax, the Florida Statutes allow for the purchase of fire department vehicles, and emergency medical service vehicles and the equipment necessary to outfit for use. In the Penny III cycle, the City began providing an allocation of funds to aide in the replacement of Fire/Rescue vehicles. SCOPE: This project provides for the replacement of Fire/Rescue vehicle replacement as they reach the end of their service life as a front-line unit. Engines removed from front-line service may move to the reserve fleet and an older reserve unit may be retired. Maintaining up to date response vehicles, along with required equipment, allow the department to maintain its level of service to the community and provide for the safety of our personnel. PRELIMINARY ESTIMATE: $8,560,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Efficiency o Optimize use of employees, assets, and resources  Quality o Proactively maintain and reinvest in our infrastructure  Safety o Ensure timely emergency preparation , response, and recovery Page | 8 Police Vehicles BACKGROUND: The Police Department has a patrol fleet of 182 emergency police vehicles. Approximately 14 emergency police vehicles are replaced each year based on factors associated with condition, mileage, and age. In fiscal year 2017 and 2018, the Police Department increased the size of the patrol fleet in an effort to improve operational readiness, extend the longevity of the vehicles, and establish an assigned vehicle program to address recruiting and retention issues. As part of the Infrastructure Surtax, the Florida Statutes allow for the purchase of police vehicles and equipment. In the Penny III cycle we began an annual allocation of funds to aide in the replacement of police vehicles. SCOPE: This project provides for the purchase and replacement of police vehicles, including the costs of outfitting the vehicle with the required emergency and operational equipment. The patrol vehicle is a critical piece of equipment necessary to accomplish the department’s community oriented, problem solving strategy of policing. The police patrol vehicle is a mobile office capable of conducting mobile dispatch, analysis of crime trends, investigative research, and the processing of mandated reports and documents. PRELIMINARY ESTIMATE: $1,750,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Efficiency o Optimize use of employees, assets, and resources  Quality o Proactively maintain and reinvest in our infrastructure  Safety o Ensure timely emergency preparation , response, and recovery Page | 9 Police District III (Countryside Sub Station) BACKGROUND: The station for this District is located at 2851 N McMullen Booth Road. This facility serves as a substation supporting a fully functional Police Department that is utilized by 57 full - time employees. The current Clearwater Police Department District III Sub-station was originally constructed in 1983. The current building has approximately 6,750 square feet of usable space. A Project to improve the shooting range on the same tract of land will be completed in fiscal year 2016. Another project to relocate the police station to a different footprint will provide for better site utilization. Such a project will provide the opportunity to incorporate some of the site’s diverse features into the new station. Additionally, it will allow the Police Department to eliminate an aging double-wide trailer used for training, and to improve inadequate stormwater conditions on the site. This project will also provide the opportunity to improve the Police Department’s adjacent canine facility. SCOPE: This project provides for the construction of a two story structure that will house the patrol operations and training facilities. The new structure would replace the Sub -station that was originally constructed in 1983, and the doublewide trailer currently used as the training facility. Included in the training section will be the training complex office, workshop, armory, ammunition room and training classroom. Combining the training facilities and patrol operations into a single structure will release valuable real estate and allow the Police department to take advantage of enhanced training opportunities to address ever changing public safety challenges. It will also provide more flexibility and efficiency within the Patrol and Services Divisions of the Clearwater Police Department. PRELIMINARY ESTIMATE: $5,500,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Efficiency o Optimize use of employees, assets, and resources  Quality o Proactively maintain and reinvest in our infrastructure  Safety o Ensure timely emergency preparation , response, and recovery Page | 10 Neighborhood and Community Parks Renovations BACKGROUND: The mainstay of the Clearwater Parks and Recreation system is the numerous neighborhood and community parks that dot the landscape of Clearwater from Bay to Beach and from Belleair Road on the south to Curlew Road on the north. There are over 20 neighborhood parks, 23 mini- parks, and 13 community parks. Each of these parks have a variety of offerings varying from playgrounds, exercise courts, basketball courts, tennis courts, handball courts, open field areas, picnic areas, water fountains, trails and park amenities. The age of the parks vary from two years to over 60 years old; most added since 1975 and were funded by Recreation Land and Open Space Impact Fees. While normal maintenance needs of the parks have been addressed there is a need to refurbish and replace much of the infrastructure in the parks. Penny III appropriations of $5 million were used for this purpose. SCOPE The scope of this project is to continue what was begun with Penny III and will vary from park to park. Our main goal will be to refurbish, develop and renovate existing and future neighborhood parks, min-parks and community parks. Several parks in the existing inventory will need to be renovated over the next 10 years. Following is a list of some of the various parks that would qualify for additional renovations and improvements as needed. Allen's Creek Park Country Hollow Park Montclair Park Alligator Lake D.D. Davis Park Norton/Wright Parks Bay Park on Sand Key Enterprise Road Dog Park Salls Lake 1 & 2 Cedar Groves Forest Run Park Soule Road Park Charles Park Hibiscus Lake State Street Park Charter Oaks Kings Highway Park Station Square Park Chautauqua Parks Mandalay Park Wood Valley Park Cherry Harris Park Marymont Park Woodgate Park Cliff Stephens Park McKay Playfield PRELIMINARY ESTIMATE: $3,500,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 11 Youth Sports Fields Renovations BACKGROUND: Clearwater is known for its many excellent sports fields and complexes located throughout the city. Most notable are the E.C. Moore Softball Complex (nine fields), Joe DiMaggio Sports Complex (six fields), Sid Lickton Complex (seven fields), Jack Russell Stadium, and Countryside Sports Complex (four fields). These facilities are used year round by local residents as well as a means to bring sports tourism to Clearwater. Many of the existing facilities have been renovated from Penny III funds (approx. $5,000,000), including improvements to Sid Lickton, Joe DiMaggio, Countryside Community Park and E.C. Moore Fields 8 & 9. However, in order to stay competitive in the sports tourism industry and to provide the best quality sports fields for Clearwater you th, additional renovations and construction is needed over the next 10 years. SCOPE: This project will provide for much needed renovations and construction of new sports facilities needed to meet the demands of youth sports in Clearwater as well as north County and to accommodate sports tourism. This project could provide for renovations and improvements of Ross Norton Ball fields, Frank Tack Park, Countryside Sports Complex, Joe DiMaggio Sports Complex as well as E.C. Moore Complex. At the E.C. Moore Complex, Fields 1 - 4, have been in operation for over 30 years and are in need of a new main press box/concession/restroom building. While some improvements have been made at Joe DiMaggio there is a need to complete the complex by providing two a dditional improved fields as well as parking. In addition to these renovations, new facilities for north Clearwater (four to six new multipurpose fields and other amenities) are needed if the city continues to accommodate the needs of north County residents. Safety Harbor residents as well as north County residents would use the new facilities, since both Pinellas County and Safety Harbor would partner with the City in these developments. PRELIMINARY ESTIMATE: $5,000,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Maintain tourism commitment, including Sports Tourism Page | 12 Recreation Trails BACKGROUND: Over the past 35 years the City has been a part of developing an off road trail system not only in its parks but also, connecting parks with neighborhoods and providing a means for alternate transportation options for its residents. The Pinellas Trail provides a North South Trail from St. Pete to Tarpon Springs on the western side of the county and the Duke Energy trail when completed will provide a similar trail on the eastern side of the county. Where possible the city attempts to connect local trails from east to west to connect to these two major north south trails. The Ream Wilson Trail is complete from the Long Center on Belcher Road to the Courtney Campbell Trail on SR 60. Soon the trail will be completed from the Duke Energy trail to Glen Oaks Park where it will meet the western portion of the trail already constructed to Clearwater Beach. With funds from Penny III the city completed projects including the Mandalay Channel Pedestrian Bridge, Memorial Causeway Trail, Turner Street, Druid Road Trail, Bayshore Trail South while FDOT completed the Courtney Campbell Parkway Trail. SCOPE: This project will provide for the completion of several small connector trails and its amenities. Attention is given to planning trails that will connect neighborhoods with trails, such as the East West Trail, Duke Energy Trail and Pinellas Trail. There are several trails, and trail amenities that are proposed by this project. Some of the trails being proposed are the, Ed Wright/Ross Norton trail connection to Pinellas Trail, and the Morningside Recreation Complex & McMullen Tennis Complex connection to the Duke Energy Trail. In addition a trail connection is proposed to connect the 40 acre Lake Chautauqua Park and Equestrian Park to Soule Road Park and Lake Chautauqua South Park. Completing this trail will allow residents from south Clearwater to access Lake Chautauqua Park without having to enter the park from Landmark Drive. Trail amenities include benches, water, trail signs, air and repair stations. PRELIMINARY ESTIMATE: $2,500,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Foster Community Engagement o Support healthy community initiatives Page | 13 Henry L. McMullen Tennis Complex Expansion BACKGROUND: The Henry L. McMullen Tennis Complex was built in 1977 and included 17 hard courts one of which was a tournament court. Over the years, the Complex has undergone several cosmetic and maintenance changes including converting 8 hard courts to clay courts, resurfacing hard courts at least four times, providing on court shade structures, landscaping, spectator areas, and remodeling the restrooms and office areas. McMullen has a reputation as one of the premier public tennis facilities in the State of Florida. In order to maintain this status, and meet the needs of the public as well as generate top collegiate, USTA, high school and professional tournaments to Clearwater, the facility needs to be updated and expanded. SCOPE: This project will provide for the expansion of the Complex with the construction of a new two tiered club house to accommodate the needs of the tournaments as well as local residents that use the facility. The current club house is very small and inadequate to meet the needs of the patrons and programs conducted at the Complex. The new facility will have locker rooms, entrance lobby, offices, rest rooms, observation decks, retail space, meeting room and programming areas. Other improvements will include the installation of improved parking as well as 4 to 6 new soft courts with tennis amenities (i.e. bleachers, shade structures, water fountains, landscaping and lighting). PRELIMINARY ESTIMATE: $2,000,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Maintain tourism commitment, including Sports Tourism Page | 14 Environmental Park Improvements BACKGROUND: The City has purchased several properties that have for the most part been left in their natural state and thus referred to as environmental parks. They include parks such as; Lake Chautauqua Park and Equestrian Trails, Moccasin Lake Park, Cypress Bend Park, Cliff Stephens Park, Kapok Park, Coopers Bayou Park, Coopers Point Park. Development in these parks primarily consists of trails, boardwalks, parking facilities, and a few park amenities (i.e. water fountains, benches, etc). The main exception to this is Moccasin Lake Park which has been developed over the years to become an environmental education and nature park with classrooms, rest rooms, picnic shelters, birds of prey, and exhibit area. SCOPE: One of the most important parts of the Park and Recreation Master Plan is the maintenance and renovation of existing parks, whether they are neighborhood, community, special facilities or resource-based parks. This project will provide improvements to Moccasin Lake Park, Coopers Bayou Park and Coopers Point Park. At Moccasin Lake Park there will be a need to make interpretive trail signs and as well as provide a much improved children’s natural outdoor learning center. At Coopers Bayou Park; public access, improved parking and canoe/kayak launch area, a trail system, and an observation tower is being recommended. Staff will apply for various local, state and federal grant funds to assist in the completion of these projects. PRELIMINARY ESTIMATE: $1,500,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 15 Beach Marina Upgrades BACKGROUND: The Beach Marina Building is located at 45 Causeway Boulevard. Marine & Aviation’s (M&A) offices are located in a portion of this building and the remainder is leased out for private use. The building has been significantly updated under a partnership with a restaurant owner leasing the 2nd floor, roof and portions of the 1st floor. The private investment required to renovate the building is approximately $2.5 million. Renovations included the new restaurant and upgrades to the remainder of the building as well, bringing the building up to current code. The Beach Marina Docks both Commercial and Recreational were constructed in the early 1950’s and rebuilt once in the early 1980’s. They are fixed narrow wooden docks with narrow slips well beyond their useful service life for wood and no longer “fit” today’s wider current design vessels of any length. In 2005 a study was done estimating replacing the docks with floating docks at a cost of over $8 Million. Current updated review along with rebuilding the entire perimeter seawall now projects the cost to be approximately $12 Million dollars to rebuild the marina with a mix of floating and fixed docks and new seawall. The walkway behind the marina building along the boat slips is in need of improvements. The walkway is not aesthetically consistent with the walkway along Coronado Drive. This will be a significant project as various utility lines, in need of upgrades, are located under the concrete surface. The existing utilities primarily provide service to the private boat slips under lease with the Marina. Improvements to these facility lines should be done concurrently with the walkway improvement project. The study also identified an immediate need to replace the undersized power feed to the western main docks along with the downstream distribution panel. SCOPE: This project provides for the replacement of television/internet digital cable, fiber optic, potable water, fire suppression water, telephone, electric power service lines and the sidewalk at the Beach Marina. To upgrade and consolidate the lines, a utility trench will be installed that will provide for the lines to be organized and that will provide for future access if repairs are needed. Three spare conduits would be installed to provide for future expansion. During the construction it is anticipated that the telephone service would be simplified and upgraded. At the same time of the utility upgrades the electrical power supply for the west marina would be upgraded. Additionally this project would include replacement of the entire Beach Marina seawall and approximately 180 boat slips with a mix of fixed and floating docks to have an up to date, up to code Marina with ample power and adjustable slip sizes to accommodate today’s newer wider vessels with large power demands for all onboard amenities. PRELIMINARY ESTIMATE: $15,000,000 (Penny for Pinellas) Page | 16 Beach Marina Upgrades (continued) STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Fulfill Beach by Design o Maintain tourism commitment This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 17 Public Works Complex BACKGROUND: The Public Works Complex (PWC) is a 16-acre site shared by Public Utilities, Stormwater Maintenance, Traffic Operations and Streets & Sidewalks. Several buildings comprise 70,547 square feet (SF) of total building area, 10,481 SF of covered storage, and 21,000 SF of material bins. The existing buildings at the PWC are not hurricane safe and will reach the end of their useful life within the planning timeframe. Following a hurricane, the City’s top priorities with respect to disaster recovery include restoring traffic, stormwater and public utilities infrastructures. All of these City functions are based out of the PWC. With current building conditions, a direct hit from any strength hurricane may destroy these buildings rendering these City services incapacitated. City staff has completed an in-depth analysis aimed at developing a master plan for redevelopment of the entire complex. Various stakeholders were consulted during the development of a conceptual master plan for the PWC including directors and managers of the PWC’s user groups. The resulting recommendation is a multi-phased master plan for redevelopment of the City’s PWC. SCOPE: This project provides for the redevelopment of the City's Public Works Complex (PWC) located at 1650 North Arcturas Avenue. Facilities within the complex are dated and are not expected to withstand hurricane force winds. The PWC will play a critical role in disaster recovery efforts on behalf of Clearwater citizens. A master plan for redevelopment of PWC includes demolition of nearly all existing buildings and new construction of hardened structures to accommodate the following Divisions: Utilities, Stormwater, Street and Sidewalks, Traffic, Urban Forestry, Survey and storage for Information Technology. The project contains five phases beginning in fiscal year 2016. In fiscal year 2016, a consultant will complete a master plan which will include the ideal site plan, cost estimates and the ideal phasing schedule. PRELIMINARY ESTIMATE: $12,300,000 (Penny for Pinellas) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Efficiency o Optimize use of employees, assets, and resources o Encourage teamwork across departments to ensure focus on Strategic Direction  Quality o Proactively maintain and reinvest in our infrastructure  Safety o Ensure timely emergency preparation, response and recovery Page | 18 City Hall BACKGROUND: The current city hall, located at 112 South Osceola Avenue, is an aging building on the bluff overlooking Clearwater Harbor. The building is more than 60 years old and inefficient in terms of building systems and insufficient in terms of modern meeting space. A replacement city hall was originally reflected within the Penny III projects, but the funding was redirected during the levy to more immediate needs. The Imagine Clearwater Master Plan for the bluff and waterfront identifies the city hall site as one of three priority parcels that should serve as a catalyst site for connecting downtown with the waterfront and the open spaces between the bluff and the Harbor. SCOPE: City staff has identified several options in the downtown for relocation and construction of a new city hall. The alternatives differ in terms of scope and cost, but preliminary estimates have assumed an amount of office space comparable to that currently available at city hall (18,000 square feet). The most significant need represented by a new city hall is public assembly space for city council and board meetings. The proposed cost of $6,300,000 covers constructing a replacement facility, not any potential associated improvements, such as a parking garage. A separate Penny IV proposal is provided for a downtown parking facility that could be built with or without city hall. The Imagine Clearwater Master Plan reflects reuse of the city hall site as a Phase II consideration within 5-10 years. With the proposed Penny IV levy covering the 2020 to 2030 period, a city hall project within the 2022 to 2027 window is consistent with the master plan timing for redevelopment of the city hall bluff property. However, with or without redevelopment of city hall property related to the master plan, a decision will have to be made within the Penny IV levy timeframe regarding city hall structural challenges and building systems, which will have exceeded useful life. PRELIMINARY ESTIMATE: $6,300,000 STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Page | 19 Downtown Parking BACKGROUND: The City has established a priority to activate the bluff waterfront and to increase commercial, cultural and pedestrian activity in downtown. Success of that initiative will depend in part upon increased parking to support growth in demand. In addition to general public parking there will be a need for parking for a new city hall and likely employee parking for others, such as Pinellas County. SCOPE: During the proposed Clearwater Marine Aquarium proposal for the city hall property, staff completed a review of potential sites for another structured parking facility in downtown. The preferred location that was identified in that process was the PSTA Park Street Terminal property and the adjacent surface parking lot owned by Pinellas County on the northeast corner of Pierce Street and Fort Harrison Avenue. If the location is secured to construct a combined city hall with structured parking, the project might also provide rental or retail space. Should the Imagine Clearwater Master Plan Phase I move forward as recommended, it is possible the demand for additional downtown parking may precede start of the Penny IV levy (if approved by voters) and may dictate an advanced schedule. If that occurs, it is possible that construction of a new city hall might also need to be advanced or separated from the parking project. PRELIMINARY ESTIMATE: $10,500,000 STRATEGIC DIRECTION: This project supports the City’s mission “to facilitate development of the economy” through the following objectives:  Diversify the Economic Base o Develop Downtown and US 19  Increase Economic Opportunity o Maintain a business friendly environment Page | 20 Sand Key Bridge Replacement Fund BACKGROUND: The Sand Key Bridge was built in 1995, with an expected lifespan of 50 years, city staff anticipates full replacement will be necessary in 2045. The current replacement value of the bridge is $41,400,000. Assuming 3% cost increases annually, the approximate cost of replacing the bridge in 2045 will be $95,000,000. SCOPE: A set-aside of $3,000,000 annually will accumulate to approximately $87,000,000 over 29 years. PRELIMINARY ESTIMATE: $30,000,000 (Penny for Pinellas - fiscal years 20-30) STRATEGIC DIRECTION: This project supports the City’s mission “to provide cost effective municipal services and infrastructure” through the following objectives:  Quality o Proactively maintain and reinvest in our infrastructure Penny for Pinellas - Proposed Funding for Penny IV Penny IV Proposed Total Projects 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected Beginning Balance:(887,168) (857,689) 1,239,777 83,180 1,710,667 150,592 5,561,515 912,211 3,921,675 3,229,125 8,272,832 12,719,479 13,037,466 13,363,403 13,697,488 14,039,925 14,390,923 14,750,696 15,119,464 15,497,450 5,289,667 140,178,792 8,272,832 11,832,311 12,179,777 14,603,180 13,780,667 15,750,592 14,541,515 20,312,211 16,031,675 19,419,125 8,518,792 140,178,792 Utilities Infrastructure 20,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 20,000,000 Major League Baseball Facilities 7,500,000 2,500,000 5,000,000 7,500,000 Second Century Projects 8,000,000 4,000,000 4,000,000 8,000,000 Fire Engines/Ladder Trucks 8,560,000 660,000 1,590,000 690,000 1,720,000 720,000 750,000 780,000 810,000 840,000 8,560,000 Police Vehicles 1,750,000 100,000 100,000 150,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,750,000 Police District III (Countryside Sub Station)5,500,000 5,500,000 5,500,000 Neighborhood and Community Parks Renovations 3,500,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 350,000 350,000 3,500,000 Youth Sports Fields Renovations 5,000,000 500,000 500,000 600,000 600,000 700,000 700,000 700,000 700,000 5,000,000 Recreation Trails 2,500,000 1,250,000 1,250,000 2,500,000 McMullen Tennis Complex Expansion 2,000,000 1,000,000 1,000,000 2,000,000 Environmental Park Upgrades 1,500,000 750,000 750,000 1,500,000 Beach Marina Upgrades 15,000,000 7,500,000 7,500,000 15,000,000 Public Works Complex 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000 City Hall 6,300,000 6,300,000 6,300,000 Downtown Parking Garage 10,500,000 5,000,000 5,500,000 10,500,000 Sand Key Bridge Replacement Fund 30,000,000 8,000,000 8,000,000 7,000,000 7,000,000 30,000,000 Total Proposed Penny IV Projects 139,910,000 139,910,000 9,160,000 12,690,000 10,940,000 14,520,000 12,070,000 15,600,000 8,980,000 19,400,000 12,110,000 16,190,000 8,250,000 139,910,000 (887,168)(857,689)1,239,777 83,180 1,710,667 150,592 5,561,515 912,211 3,921,675 3,229,125 268,792 268,792 Replacement/Upgrade of Current Infrastructure 4,500,000 7,000,000 3,400,000 11,400,000 11,150,000 14,650,000 3,000,000 13,700,000 11,100,000 15,150,000 8,050,000 103,100,000 Public Safety Infrastructure/Equipment 660,000 1,690,000 6,290,000 1,870,000 920,000 950,000 980,000 200,000 1,010,000 1,040,000 200,000 15,810,000 New Infrastructure 4,000,000 4,000,000 1,250,000 1,250,000 - - 5,000,000 5,500,000 - - - 21,000,000 Estimated Available Balance ***DRAFT***Fiscal Years 2019/20 - 2029/30 Estimated Penny IV Proceeds Estimated Revenue Planned Project Expenditures Pinellas County - Key Penny Project Dates December 6, 2016 – Board of County Commissioners (BCC) discussion of set asides, priorities and guiding principles. January 2017 – Public outreach for project ideas to citizens, partners and County departments/Begin interlocal agreement discussion with municipalities. February/March 2017 – BCC workshop on submitted project ideas. April 2017 – BCC vote on signature Penny projects, municipalities submit signature projects. Spring-Fall 2017 – Public outreach on proposed projects. August 2017 – BCC approves ballot language. November 7, 2017 – Referendum on Penny renewal. 97.42%151 2.58%4 Q1 Are you a Pinellas County resident? Answered: 155 Skipped: 0 Total 155 Yes No 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes No 1 / 23 Penny for Pinellas Priorities & Attitudes Survey 82.58%128 17.42%27 Q2 Are you a Clearwater resident? Answered: 155 Skipped: 0 Total 155 Yes No 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes No 2 / 23 Penny for Pinellas Priorities & Attitudes Survey 18.71%29 13.55%21 52.90%82 14.84%23 Q3 How long have you lived in Clearwater? Answered: 155 Skipped: 0 Total 155 0 to 5 years 5 to 10 years More than 10 years I don't live in Clearwater 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses 0 to 5 years 5 to 10 years More than 10 years I don't live in Clearwater 3 / 23 Penny for Pinellas Priorities & Attitudes Survey 58.71%91 38.06%59 1.94%3 1.29%2 Q4 How familiar are you with the Penny for Pinellas sales tax? Answered: 155 Skipped: 0 Total 155 I know all about it,... I know some, but I don't... I've heard of it, but I do... I've never heard of Pen... 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses I know all about it, including Penny projects. I know some, but I don't know of any Penny projects. I've heard of it, but I don't know what it is. I've never heard of Penny for Pinellas. 4 / 23 Penny for Pinellas Priorities & Attitudes Survey 57.42%89 9.03%14 4.52%7 29.03%45 Q5 If you voted for the last Penny for Pinellas extension in March 2007, did you vote for or against it? Answered: 155 Skipped: 0 Total 155 I voted "yes" - for it. I voted "no" - against it. I voted, but I can't rememb... I did not vote in that... 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses I voted "yes" - for it. I voted "no" - against it. I voted, but I can't remember whether I voted "yes" or "no." I did not vote in that election. 5 / 23 Penny for Pinellas Priorities & Attitudes Survey 58.71%91 41.29%64 Q6 Do you know of any city of Clearwater projects that have been paid for with Penny for Pinellas funding? If so, please list them. Answered: 155 Skipped: 0 Total 155 #Name(s) of Clearwater's Penny for Pinellas projects that you know about Date 1 I have visited the web page and reviewed at least 50% of the projects.1/26/2017 11:51 AM 2 roadway enhancement, art works (?)1/25/2017 2:49 PM 3 Memorial Causeway Bridge, Sand Key Underground Utilities, Beach Walk 1/25/2017 10:12 AM 4 NG Rec Center, Norton Rec Center, Morningside Rec Center, Countryside Library 1/23/2017 2:06 PM 5 beachwalk, fire stations 1/23/2017 8:41 AM 6 Housing project, sherriff's office, Pinellas trail 1/19/2017 11:27 AM 7 Trails, better sewage systems, lane extensions, and many more projects 1/19/2017 11:16 AM 8 storm water 1/19/2017 11:05 AM 9 Beach Marina upgrades 1/18/2017 6:48 PM 10 US 19 1/18/2017 6:40 AM 11 Bright house field, coutryside sportsplex, long center, Eddie c Moore complexes, beach walk 1/17/2017 11:09 PM 12 Greenwood Rec., Long Ctr.,Morningside Rec., Police Bch., Main Library, SR 60 landscaping., various fire station uprades., Ruth Eckerc, Countryside projects & many many more. 1/17/2017 7:03 PM 13 New library, Pinellas trail 1/16/2017 3:41 PM 14 Clearwater Public Library's new Countryside branch and the Pinellas Trail 1/16/2017 1:24 PM 15 bayside bridge 1/16/2017 9:03 AM 16 Fire departments, vehicles, memorial causeway bridge, Pinellas trail 1/14/2017 10:29 PM 17 Countryside library center 1/14/2017 11:47 AM 18 bayside bridge 1/14/2017 12:50 AM 19 Clearwater Memorial Bridge, Court St County Parking Facility, Clearwater Main Library 1/13/2017 11:08 PM 20 Countryside Library, Firestations, Memorial Bridge, Beach WAlk, Stormwater,1/13/2017 3:27 PM 21 Bridges, sidewalks.1/13/2017 3:18 PM Yes No 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes No 6 / 23 Penny for Pinellas Priorities & Attitudes Survey 22 Library 1/13/2017 3:07 PM 23 fire/ police resources, bridges/roads 1/13/2017 2:08 PM 24 Road and park improvements 1/13/2017 11:56 AM 25 bridge to Clearwater Beach 1/13/2017 10:52 AM 26 housing, pinellas trail, bayside bridge 1/13/2017 10:30 AM 27 Clearwater library, memorial causeway bridge,bayside bridge,etc 1/13/2017 10:03 AM 28 Countryside Library 1/13/2017 7:18 AM 29 Memorial Causeway bridge, low income housing, etc.1/13/2017 6:39 AM 30 Countryside branch library and the soon to be morningside recreation center 1/13/2017 12:43 AM 31 Countryside library and rec center.1/12/2017 11:12 PM 32 Keene Road 1/12/2017 6:54 PM 33 Beach Walk, Causeway bridge 1/12/2017 4:18 PM 34 Countryside Library 1/12/2017 3:00 PM 35 Countryside library 1/12/2017 10:50 AM 36 Roads 1/12/2017 8:23 AM 37 beach walk, memorial bridge 1/12/2017 2:13 AM 38 Beach walk....memorial causeway bridge.....sidewalks 1/11/2017 9:16 PM 39 library, waterfront, parlk 1/11/2017 8:28 PM 40 road improvements, police and fire vehicles, sidewalks, bridge improvements 1/11/2017 8:06 PM 41 The roads, us19, others I can't remember.1/11/2017 6:53 PM 42 Roads, us 19 overpass 1/11/2017 5:48 PM 43 recreation centers and parks 1/11/2017 3:30 PM 44 Some highway or road projects.1/11/2017 3:00 PM 45 I believe the bridge was built with some of the funds, the beautification projects in downtown Clearwater 1/11/2017 2:28 PM 46 The Memorial Causeway bridge. New Main Library. Reconstrution of railroad aproaches.1/11/2017 12:14 PM 47 memorial causway, street repairs,1/11/2017 12:05 PM 48 Countryside and East Library renovations 1/11/2017 11:57 AM 49 City vehicles, fire station, MSB building, beach walk.1/11/2017 10:05 AM 50 Countryside Library 1/11/2017 9:34 AM 51 causeway bridge, new libraries, rec center, fire stations, ruth eckerd/capitol theater among others 1/11/2017 9:29 AM 52 This is an unfair question, as a voter, I can't pretend to know every detail of this sales tax. I can say however that Penny for Pinellas helps fund neighborhood and citywide infrastructure improvements, public safety, helping purchase vehicles and apparatus for Clearwater's police and fire departments. Beach Walk, four fire stations, the Memorial Causeway Bridge, the Bayside Bridge and more have also been funded by Penny for Pinellas dollars. 1/11/2017 8:24 AM 53 Libraries, Memorial Causeway Bridge, Bayside Bridge, rec centers 1/11/2017 8:22 AM 54 Greenwood, Ross Norton, Ruth Eckard, Main Library, road improvements, drainage 1/11/2017 8:18 AM 55 Bridge 1/11/2017 8:07 AM 56 Future Morningside Rec Center, Countryside Library, New Fire Stations, etc.1/10/2017 9:32 PM 57 The round abouts installations 1/10/2017 8:57 PM 58 Trail 1/10/2017 8:50 PM 59 Road and bridge improvements; parks improvements; transportation improvements; fire station improvements 1/10/2017 8:43 PM 60 Roadway 1/10/2017 8:15 PM 61 Pinellas trail, parks and firehouses 1/10/2017 7:22 PM 62 memorial bridge, beach walk 1/10/2017 7:09 PM 63 Memorial Causeway Bridge, Beach Walk and underground utilities on gulf blvd sand key belleiair beach.1/10/2017 6:50 PM 7 / 23 Penny for Pinellas Priorities & Attitudes Survey 64 Memorial Causeway bridge. sidewalks at the beach 1/10/2017 6:38 PM 65 Pinellas Trail, Clearwater Bridge, Dunedin Community Center, Animal services, ect 1/10/2017 5:54 PM 66 Sidewalks and walkways 1/10/2017 5:09 PM 67 police and fire vehicles, memorial causeway, bayside bridge, beachwalk and other things 1/10/2017 4:34 PM 68 Countryside library 1/10/2017 4:12 PM 69 fire stations, bayside bridge, beach walk - lots of smaller things 1/10/2017 4:00 PM 70 Beach Walk, bridges, courts and jail facilities 1/10/2017 3:18 PM 71 Clearwater Memorial Causeway Bridge; Clearwater Main Library; Transportation improvements on US 19 1/10/2017 3:02 PM 72 The Library 1/10/2017 2:57 PM 73 Youth sports fields & countryside recreaction 1/10/2017 2:55 PM 74 memorial causeway, bayside bridge, park projects, pinellas trail 1/10/2017 2:52 PM 75 Countryside library 1/10/2017 2:47 PM 76 Clearwater beachwalk, Countryside libary 1/10/2017 2:41 PM 77 bicycle trails, park improvements, some road improvements, etc 1/10/2017 2:40 PM 8 / 23 Penny for Pinellas Priorities & Attitudes Survey 32.26%50 16.13%25 14.84%23 7.10%11 3.23%5 26.45%41 Q7 What is your level of satisfaction with projects in Clearwater that have been paid for with Penny funds? Answered: 155 Skipped: 0 Total 155 Very satisfied Somewhat satisfied Satisfied Not too satisfied Not at all satisfied I don't know enough about... 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Very satisfied Somewhat satisfied Satisfied Not too satisfied Not at all satisfied I don't know enough about it. 9 / 23 Penny for Pinellas Priorities & Attitudes Survey 8.39%13 1.94%3 3.87%6 7.74%12 10.97%17 21.29%33 6.45%10 3.87%6 1.29%2 Q8 Of the following proposed Clearwater Penny IV projects, which one is the most important to you? (choose only one) Answered: 155 Skipped: 0 Beach Marina Upgrades Spectrum Field (formerly... A New City Hall A New Downtown Parking Garage Fire Engines/Rescues Neighborhood Parks... Police District III... Police Vehicles Public Works Complex Sand Key Bridge... Utilities Infrastructure Youth Sports Fields... 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Beach Marina Upgrades Spectrum Field (formerly Bright House Field) Renovations A New City Hall A New Downtown Parking Garage Fire Engines/Rescues Neighborhood Parks Renovations Police District III Sub Station (Countryside) Police Vehicles Public Works Complex 10 / 23 Penny for Pinellas Priorities & Attitudes Survey 3.23%5 26.45%41 4.52%7 Total 155 Sand Key Bridge Replacement Fund Utilities Infrastructure Youth Sports Fields Renovations 11 / 23 Penny for Pinellas Priorities & Attitudes Survey Q9 For the following proposed Clearwater Penny IV projects, please rank them in order of most important to least important. (Select "1" for most important and "12" for least important.) Answered: 155 Skipped: 0 9.68% 15 9.68% 15 6.45% 10 6.45% 10 6.45% 10 5.16% 8 9.68% 15 6.45% 10 10.97% 17 4.52% 7 10.97% 17 13.55% 21 155 6.16 2.58% 4 3.23% 5 3.23% 5 5.81% 9 4.52% 7 4.52% 7 4.52% 7 7.74% 12 5.16% 8 15.48% 24 19.35% 30 23.87% 37 155 4.14 5.16% 8 3.23% 5 5.16% 8 5.16% 8 4.52% 7 3.87% 6 4.52% 7 10.32% 16 7.10% 11 11.61% 18 15.48% 24 23.87% 37 155 4.55 7.10% 11 10.32% 16 4.52% 7 13.55% 21 7.74% 12 7.74% 12 8.39% 13 4.52% 7 12.26% 19 6.45% 10 10.32% 16 7.10% 11 155 6.51 Beach Marina Upgrades Spectrum Field (formerly... A New City Hall A New Downtown Parking Garage Fire Engines/Resc... Neighborhood Parks... Police District III... Police Vehicles Public Works Complex Sand Key Bridge... Utilities Infrastructure Youth Sports Fields... 0 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 Total Score Beach Marina Upgrades Spectrum Field (formerly Bright House Field) Renovations A New City Hall A New Downtown Parking Garage 12 / 23 Penny for Pinellas Priorities & Attitudes Survey 11.61% 18 14.19% 22 14.84% 23 11.61% 18 11.61% 18 8.39% 13 5.81% 9 11.61% 18 4.52% 7 3.23% 5 1.94% 3 0.65% 1 155 8.25 21.29% 33 12.90% 20 12.26% 19 7.74% 12 9.03% 14 12.26% 19 5.81% 9 3.87% 6 5.81% 9 5.16% 8 3.87% 6 0.00% 0 155 8.48 4.52% 7 5.16% 8 8.39% 13 11.61% 18 9.68% 15 8.39% 13 9.68% 15 8.39% 13 9.68% 15 10.32% 16 9.03% 14 5.16% 8 155 6.28 4.52% 7 10.97% 17 12.90% 20 10.97% 17 10.97% 17 9.68% 15 10.97% 17 11.61% 18 4.52% 7 6.45% 10 2.58% 4 3.87% 6 155 7.28 1.29% 2 7.74% 12 5.16% 8 5.81% 9 11.61% 18 7.74% 12 12.90% 20 12.90% 20 12.90% 20 14.84% 23 4.52% 7 2.58% 4 155 6.01 3.87% 6 5.81% 9 5.16% 8 7.10% 11 7.74% 12 11.61% 18 8.39% 13 12.90% 20 9.68% 15 10.32% 16 7.74% 12 9.68% 15 155 5.79 23.87% 37 9.03% 14 14.84% 23 10.32% 16 7.10% 11 7.74% 12 7.10% 11 3.87% 6 5.81% 9 3.87% 6 3.23% 5 3.23% 5 155 8.45 4.52% 7 7.74% 12 7.10% 11 3.87% 6 9.03% 14 12.90% 20 12.26% 19 5.81% 9 11.61% 18 7.74% 12 10.97% 17 6.45% 10 155 6.08 Fire Engines/Rescue Vehicles Neighborhood Parks Renovations Police District III Sub Station (Countryside) Police Vehicles Public Works Complex Sand Key Bridge Replacement Fund Utilities Infrastructure Youth Sports Fields Renovations 13 / 23 Penny for Pinellas Priorities & Attitudes Survey 72.90%113 17.42%27 9.68%15 Q10 If you were voting today, would you vote to extend the Penny for Pinellas sales tax for 10 more years? Answered: 155 Skipped: 0 Total 155 Yes No Not sure 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Yes No Not sure 14 / 23 Penny for Pinellas Priorities & Attitudes Survey Q11 If you were voting today and would vote "no"/against the fourth extension of Penny for Pinellas, please tell us why you would vote against it. Answered: 32 Skipped: 123 #Responses Date 1 The proposed projects are off-target and not focused on tax-income generation. Clearwater lives or dies by the beach. Traffic/parking crisis is being shrugged off by the city. Traffic congestion on causeway Rt. 60 stops mobility and sales in west Clearwater (not just tourism). Scientology will forever kill downtown sales so minimize attempts to make it a destination. 1/26/2017 11:51 AM 2 Failure to upgrade Druid Road to 3 lanes.1/23/2017 11:04 PM 3 taxes simply too high regardless of form 1/19/2017 11:05 AM 4 10 yrs is a long time to lock into it 1/18/2017 2:54 PM 5 Wrong priority 1/15/2017 11:44 PM 6 Municipalities are using penny monies as a slush fund.1/13/2017 11:08 PM 7 Enough of the extra tax. The City of Clearwater has little or no direction, with the problem of Clearwater Beach/Sand Key paramount. My wife and I have NOT BEEN TO Clearwater Beach in YEARS because there is no goddamn place to park. "Beach by Design was the words joke put out in years. Downtown Clearwater is a Ghost Town compared to Downtown Dunedin. There is where we go. I am considering a run for public office in this City. 1/13/2017 5:09 PM 8 I want to have Druid Road widened. Years ago it was in the plan but "Roberto" took the money for the beach round- about 1/13/2017 11:01 AM 9 It's just another tax! How about cutting back on many frivolous items: welfare, etc. and use the current taxes collected to make capital improvements. 1/13/2017 10:52 AM 10 Your project list appears to be a manufactured list of things to do! It appears you have run out of important projects and want to tackle nice to have items 1/13/2017 10:03 AM 11 I do not see enough benefit to keep paying more taxes.1/12/2017 11:12 PM 12 Any project in which Kevin Dunbar is involved, parks dept needs proper Engineering review and stop continued shortcuts. City Council does not have a master plan that is inclusive and focuses on upgrading existing infrastructure. Focus on transportation and ultilities 1/12/2017 6:54 PM 13 You have very high property tax. That needs to be used, from the schools allotment.1/12/2017 10:50 AM 14 Already taxed to death living here. Costs are outrageous here. Everything is priced higher here than other States. Why? Your in the sunshine State. 1/12/2017 9:17 AM 15 Most of the revenue collected through taxes is squandered by corrupt politicians. I would seek private investment instead. 1/11/2017 9:10 PM 16 Because I don't value the things that it is spent on, with the exception of road maintenance and storm drains. We do not need a new city hall, nor do we need renovations to Brighthouse field, nor do we need any money spent on Law Enforcement. We should have the neighborhood "traffic calming" taken out in the neighborhoods and downtown. The roundabout on Clearwater Beach is the most terrifying, accident-causing traffic item ever! Why was the workable traffic system replaced with unworkable traffic systems? 1/11/2017 3:00 PM 17 It's another tax 1/11/2017 2:46 PM 18 10 years is too long. I would vote for 5 years.1/11/2017 12:05 PM 19 Wasted too much money 1/11/2017 10:34 AM 20 I like the projects that this program has supported so far and also like that tourists end up paying for the majority of the tax. 1/11/2017 10:05 AM 21 The money is wasted and abused.1/11/2017 9:41 AM 22 You have absolutely destroyed the beach that I was a lifeguard at in the 1970s. It's no longer a place desirable for city residents. We get no perks, no parking preference, overloaded by tourists etc. We have a water shortage, you can't handle waste during flooding and you want to build more hotels and condos to strangle the rest of us. Put in underground utilities, fix cracked streets, fix sewers and figure out a way to capture water from rains so it can be used after cleaning. Plus the Church of Scientology has destroyed the once quaint downtown. 1/10/2017 8:50 PM 15 / 23 Penny for Pinellas Priorities & Attitudes Survey 23 Given the taxes we pay today, I would expect many of the projects covered by P4P to be handled by the existing tax base. Where is all that tax money going? Maybe the current allocations should be reconsidered. 1/10/2017 8:43 PM 24 We, Clearwater residents have been waiting for Clearwater to START the Coachman Park project for years! That is more important than any of the above. Lets really start some action. If this would have been a Church of Scientology project, he would have been done years ago. The city is so....dang slow. Get it moving ! 1/10/2017 8:33 PM 25 No 1/10/2017 8:15 PM 26 All the projects seem to be on the beach or geared for tourists and not the locals...widen Sunset Point Road as new access way to Clearwater...maybe downtown would redevelop if you could get there and avoid the traffic congestion to the beach. Like Dunedin with the widening of 580 years ago and moving it away from down town 1/10/2017 6:50 PM 27 this is just an extension of what we already have? i'l vote to keep it going i suppose.. i dont know the exact details of this.. what is taxed is not specified... 1/10/2017 5:07 PM 28 money that goes to police and fire and unnecessary buildings which should be included in tax money but is carved out or disguised as P for P. 1/10/2017 4:34 PM 29 I can't afford it.1/10/2017 3:08 PM 30 n/a 1/10/2017 2:57 PM 31 Traffic congestion to Clearwater Beach, parking issues at the beach are not addressed, a lot of talk and no action. This is and will have a negative impact on tourism, this is not even an option on proposed projects 1/10/2017 2:51 PM 32 Blab blah blah 1/10/2017 2:47 PM 16 / 23 Penny for Pinellas Priorities & Attitudes Survey 48.70%75 45.45%70 5.84%9 Q12 Please tell us about yourself. Answered: 154 Skipped: 1 Total 154 Female Male Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Female Male Prefer not to answer 17 / 23 Penny for Pinellas Priorities & Attitudes Survey 0.00%0 0.66%1 9.21%14 12.50%19 13.82%21 26.97%41 25.00%38 5.26%8 6.58%10 Q13 What is your age? Answered: 152 Skipped: 3 Total 152 Under 18 years old 18-24 years old 25-34 years old 35-44 years old 45-54 years old 55-64 years old 65-74 years old 75 years or older Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Under 18 years old 18-24 years old 25-34 years old 35-44 years old 45-54 years old 55-64 years old 65-74 years old 75 years or older Prefer not to answer 18 / 23 Penny for Pinellas Priorities & Attitudes Survey 0.66%1 0.66%1 1.32%2 3.95%6 85.53%130 11.18%17 0.66%1 Q14 What is your ethnicity? (Please select all that apply.) Answered: 152 Skipped: 3 Total Respondents: 152 #Other (please specify)Date 1 Please stop asking this pointless question 1/12/2017 11:12 PM American Indian or... Asian or Pacific... Black or African... Hispanic or Latino White / Caucasian Prefer not to answer Other (please specify) 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses American Indian or Alaskan Native Asian or Pacific Islander Black or African American Hispanic or Latino White / Caucasian Prefer not to answer Other (please specify) 19 / 23 Penny for Pinellas Priorities & Attitudes Survey 59.21%90 2.63%4 9.21%14 0.66%1 0.66%1 5.92%9 11.84%18 9.87%15 Q15 Which of the following best describes your current marital status? Answered: 152 Skipped: 3 Total 152 Married Widowed Divorced Separated In a domestic partnership ... Single, but cohabiting w... Single, never married Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Married Widowed Divorced Separated In a domestic partnership or civil union Single, but cohabiting with a significant other Single, never married Prefer not to answer 20 / 23 Penny for Pinellas Priorities & Attitudes Survey 0.00%0 5.84%9 17.53%27 5.84%9 37.66%58 27.92%43 5.19%8 Q16 What is the highest level of school you have completed or the highest degree you have received? Answered: 154 Skipped: 1 Total 154 Less than high school degree High school degree or... Some college but no degree Associate degree Bachelor degree Graduate degree Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Less than high school degree High school degree or equivalent (e.g., GED) Some college but no degree Associate degree Bachelor degree Graduate degree Prefer not to answer 21 / 23 Penny for Pinellas Priorities & Attitudes Survey 47.06%72 8.50%13 2.61%4 0.65%1 33.33%51 2.61%4 5.23%8 Q17 Which of the following categories best describes your employment status? Answered: 153 Skipped: 2 Total 153 Employed, working... Employed, working... Not employed, looking for... Not employed, NOT looking ... Retired Disabled, not able to work Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses Employed, working full-time Employed, working part-time Not employed, looking for work Not employed, NOT looking for work Retired Disabled, not able to work Prefer not to answer 22 / 23 Penny for Pinellas Priorities & Attitudes Survey 3.29%5 13.82%21 19.74%30 11.18%17 9.87%15 5.92%9 3.95%6 0.66%1 5.26%8 26.32%40 Q18 What is your approximate average household income? Answered: 152 Skipped: 3 Total 152 $0-$24,999 $25,000-$49,999 $50,000-$74,999 $75,000-$99,999 $100,000-$124,9 99 $125,000-$149,9 99 $150,000-$174,9 99 $175,000-$199,9 99 $200,000 and up Prefer not to answer 0%10%20%30%40%50%60%70%80%90%100% Answer Choices Responses $0-$24,999 $25,000-$49,999 $50,000-$74,999 $75,000-$99,999 $100,000-$124,999 $125,000-$149,999 $150,000-$174,999 $175,000-$199,999 $200,000 and up Prefer not to answer 23 / 23 Penny for Pinellas Priorities & Attitudes Survey Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3253 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize a loan in an amount not to exceed $600,000 to Habitat for Humanity of Pinellas County, Inc. to construct up to 13 single family homes within the 600 block of North Garden Avenue, Clearwater, Florida, enter into a mortgage contingent on closing the acquisition of said property, and authorize the appropriate officials to execute documents required to affect closing. (consent) SUMMARY: On December 12, 2016, City Council approved a loan to Habitat for Humanity, Inc. (Habitat) for the acquisition of a 1.6-acre tract of land owned by five different landowners. The loan was made available through the City’s Housing Division and utilized a combination of federal and local funding sources. The five properties are located within the block bordered by North Garden Avenue, Eldridge Street, Maple Street and the Pinellas Trail. Spruce Street bisects the block from north to south. Habitat plans to construct 13 single-family, three-bedroom homes to be made available to families with income at or below 80% of Area Median Income. Habitat is scheduled to close on the five parcels on March 2, 2017, and the City has established terms of a construction loan to Habitat using a combination of Federal and State funds. Funding for the construction loan includes $450,000 from the United States Department of Housing and Urban Development’s HOME Investment Partnership Program and $150,000 from the State Housing Initiatives Partnership Program. Up to $274,680 of the loan will be forgiven. The forgiven portion of the loan is comprised of a 12% developer fee, anticipated cost to demolish existing structures and to perform environmental remediation activities. An estimated $325,320 will be paid back to the city in 13 equal payments as each home is sold to a qualifying buyer. The total construction cost for the project is estimated to be $1,664,000. Habitat anticipates completion and sale of the first home by the end of summer, 2017. Construction of all 13 homes is expected to be complete by July, 2018. APPROPRIATION CODE AND AMOUNT: Funding for this project is available with the use of HOME funding from the United States Department of Housing and Urban Development and the State Housing Initiatives Partnership program. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3247 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an addendum to The Bancorp Bank (dba Mears Motor Leasing) Master Lease Agreement to increase the total available credit line from $24,728,010 to $45,000,000; require all financed items to have a unique identifiable number (i.e. VIN or serial number); and change the interest rate on draws amortized over 3 years to the 3-Year Treasury Constant Maturity Rate (3-year CMT) plus 1.00%; and authorize the appropriate officials to execute same . (consent) SUMMARY: The City utilizes Lease Purchase financing to finance the purchase of major pieces of equipment such as vehicles, heavy construction equipment, and some specialized electronic systems. Financing is generally amortized over a 5-year period with the exception of computer type purchases which are amortized over a 3-year period. The Council previously approved a master agreement with The Bancorp Bank to provide a credit line of $24,728,010 for the period covering fiscal years 2014 thru fiscal 2018. The original credit line limit has been nearly exhausted after the first 3 years of the agreement term. This addendum increases the available credit line by approximately $20.3 million to a maximum total of $45,000,000 for the five years of the agreement. The new requirement for VIN /serial # may negatively impact the ability to lease purchase finance projects such as Network Equipment purchases and the Disaster Recovery Upgrade Project. 3-year CMT rates will change from current rates of 2.0% when 3-year CMT rates are at 3% or lower, 2.49% when 3-year CMT rates are 3%-5%, and a maximum 3% when 3-year CMT rates exceed 5%; to simply be the 3-Year CMT rate plus 1.00% in all instances. The interest rate on financings amortized over a 5-year period is unchanged and financings amortized over a 3-year period will increase by approximately a half of a percentage point (.0043), at current interest rate levels. Based on the current 3-year CMT rate, the interest rate the City would be charged for a 3-year financing would increase from 2.0% to 2.43%. The current rate for a 5-year financing would remain at 2.00%. 3-year financings account for less than 5% of the City’s total lease purchase financings and can be replaced with internal loans from the Central Insurance Fund as appropriate. Page 1 City of Clearwater Printed on 2/24/2017 File Number: ID#17-3247 Page 2 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3252 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Ratify the settlement of liability claim of Reed Myles and Becky Myles for payment not to exceed $69,667.85 and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 27, 2016, the claimant’s residence suffered a waste water backup due to a stoppage in the city waste water main line. The claimant ’s home suffered damages to personal property as well as walls, flooring and furniture. Floor coverings, drywall, wall trim, etc were removed and replaced to repair the waste water damages. Repairs are substantially underway. The expenses will not exceed $69,667.85. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000/300,000. The City’s Risk Management Division and City ’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 590-07000-545900-519-000 $69,667.85 Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3241 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a purchase order (contract) in the amount of $360,000 to Unum Life Insurance Company of America for the period January 2017 through December 2017 for city paid life insurance and Long Term Disability benefit and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently provides life insurance to all full time employees and Long Term Disability to those employees who do not participate in the City Pension Plan. The coverage will stay with the current carrier (Unum) at a 0% increase over the 2016 budgeted cost. The coverage’s are as follows: ·CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000 ·SAMP Life in an amount equivalent to 1 times the employee’s annual base salary ·Voluntary SAMP Supplemental Life in incremental amounts of $50,000, not to exceed $500,000 and are payroll- deducted from the employee’s salary ·Basic Life insurance in the amount of $2,500 for all employees except CWA ·Basic Life insurance in the amount of $1,000 for grandfathered retirees ·Long Term Disability Insurance for those employees who do not participate in the City Pension Plan APPROPRIATION CODE AND AMOUNT: Funding for $360,000 is available through appropriation code 0590-07590-545500-519-000-00000 for life insurance and 0590-07590-545700-519-000-00000 for Long Term Disability. Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3240 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a General Utility Easement over Lot 16, Block D of Bayside Subdivision No.6, Unit C, conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing 20-inch sanitary sewer force main, which carries all sanitary sewer flows from Sand Key and South Clearwater Beach to the Marshall Street Plant, is over 45 years old and nearing the end of its useful life. This new 7-foot General Utility Easement, on private property, will provide the City with a terminus point for the installation of the replacement 20-inch sanitary sewer force main, at no cost. This new General Utility Easement is part of the Clearwater Memorial Causeway Subaqueous Pipeline Project. This project will include a new sanitary sewer pipe that will run across Clearwater Harbor from Bayway Blvd to State Road 60. This new General Utility Easement is the terminus of a 25 foot Submerged Lands Easement from the State that is currently being processed by the Florida Department of Environmental Protection. Page 1 City of Clearwater Printed on 2/24/2017 EXHIBIT A EXHIBIT A GULFVIEWCORONADOWATER BAYSIDE ST HAMDENBRIGHT DR DR FIFTH GULFVIEW S.ParkwayS ShoreBAYWAY B L V D B L V D DEVON B l v dCauseway DRDRST DRBLVDTHIRD MarinaWINDWARD MEMORIALWaySR-60 Pier 60 SECONDST S.DEVON LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Utility Easement Location ^ JB XX N.T.S.285B 17-29s-15e02/06/17Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 7' UTILITY EASEMENTBAYWAY BOULEVARD Document Path: S:\ENV\Jim Benwell\Easements\Easements to City\Clearwater Memorial Causeway Subaqueous Pipeline\Location Map.mxd B A Y W A Y B L V D DREW STMEMORIAL CSWY JB XX 2/7/17Map Gen By:Reviewed By:Date: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Clearwater Memorial Causeway Subaqueous PipelineEasements 7' General Utility Easement From Private Owner ² N.T.S.Scale: 25' Submerged Lands Easement From State(in process) 25' Submerged Lands Easement From State(in process) Document Path: S:\ENV\Jim Benwell\Easements\Easements to City\Clearwater Memorial Causeway Subaqueous Pipeline\Easements for Project.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3237 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Work Order to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $199,800 for Permanent Wastewater Flow Monitoring System complete with data analysis and reporting over a 12-month period and authorize the appropriate officials to execute same. (consent) SUMMARY: Recent data provided by the Inflow and Infiltration Project indicates the City’s sanitary sewer system experiences significant rain and ground water inflow and infiltration (I&I) during wet weather. The resulting higher volume can cause sanitary sewer overflows and Water Reclamation Facility permit violations. As part of the I&I project, the City has been pursuing a “Find and Fix” program to repair the entry points of rain and ground water. Thus I&I flow is being reduced at a measureable rate, but to continue this trend the City cannot rely on a snap shot of the I&I flow. Instead the City needs a continuous and permanent flow monitoring system so that new sources of I&I (i.e., pipe failures) can be identified and remedied quickly. Project benefits are improved process efficiencies, ongoing rehabilitation and restoration strategy of conveyance infrastructure and increased environmental protection and regulatory compliance. This work order was negotiated in accordance with the Consultant’s Competitive Negotiations Act. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system and water reclamation facilities. APPROPRIATION CODE AND AMOUNT: 0327-96665-563800-535-000-0000 $199,800.00 Funding is available in Utility Renewal and Replacement Project, 0327-96665, Sanitary Sewer Repair & Replacement, in the amount of $199,800.00. Page 1 City of Clearwater Printed on 2/24/2017 WORK ORDER INITIATION FORM 1 of 10 Revised: 2/11/2016 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:2/16/17 Project Number:___________ City Project Number:___________ 1.PROJECT TITLE: Marshall St. WRF & East WRF Permanent Wastewater Flow Monitoring 2.SCOPE OF SERVICES: The City of Clearwater Utility department has requested the McKim & Creed provide permanent flow monitoring services of the sewer collection system in the Marshall Street WRF and East WRF service areas. McKim & Creed shall provide the rain and flow monitoring equipment with communication network (Telog). Also included, is the installation and maintenance of the permanent rain and flow monitoring equipment, as well as the engineering data analysis and monthly reporting of the recorded data. The flow monitoring equipment will be installed at the major gravity sewer outfall locations, and at major lift stations shown below. All sites are within the Marshall Street WRF and East WRF service areas. The lists below identify the proposed permanent monitoring locations: MajorSewer Outfall: MajorLiftStations: 1. Bayshore Blvd. (East WRF) 1. 11 (Marshall St. WRF) 2. Gulf to Bay Blvd. (East WRF) 2. 14 (Marshall St. WRF) 3. Corona Interceptor (East WRF) 3. 16 (Marshall St. WRF) 4. Marshall Street (Marshall St. WRF) 4. 19 (Marshall St. WRF) 5. Holt Avenue (Marshall St. WRF) 5. 20 (Marshall St. WRF) 6. 24 (Marshall St. WRF) 7. 45 (Marshall St. WRF) Of the twelve (12) permanent flow meter sites identified all but three (3) will utilize open channel flow monitoring devices to ascertain and record wastewater volumes. The permanent flow meters at Lift Stations 11, 20 and 24 will utilize side pressure clamp on style flow meters to record the wastewater volumes from each station’s discharge force main. It is recommended that permanent rainfall gauges be WORK ORDER INITIATION FORM 2 of 10 Revised: 2/11/2016 installed at both WRFs and at Lift Stations 9, 45, 19 and 58. Further explanation of the equipment and monitoring can be found in Appendix ‘A’. The City has agreed to install 2 monitoring vaults over the force mains at LS 11 & 20 and provide conduits for power and communication to existing PLC mounting back plane. If needed, McKim & Creed will provide any engineering for this installation. I.PRE-INSTALLATION KICK OFF MEETING McKim & Creed will attend and conduct a kick off meeting with City officials to discuss the installation of flow and rain monitoring equipment and any safety, notification and traffic issues that may arise for the installation of equipment. II.INSTALLATION OF FLOW AND RAIN MONITORING EQUIPMENT McKim & Creed shall perform the installation of the monitoring equipment at the above locations, test and calibrate the equipment and communication link to the Telog server. III.MONTHLY FLOW MONITORING/RAINFALL GAUGING REPORTING The collected data will be recorded for each piece of equipment and uploaded to McKim & Creed’s Telog ‘Enterprise’ server on a daily basis. Flow monitoring and rainfall gauging will be performed concurrently for one (1) calendar year. All of the flow and rainfall data recorded will be transferred daily to McKim & Creed’s Telog ‘Enterprise’ server and the City will be able to access and download the data through a dedicated web browser application. While the City will not be able to change any of the operational characteristics of the equipment, they can monitor rainfall increments and wastewater flow at every site and visualize the effects of wet weather events prior to receiving any monthly report. Flow data summaries to be included in the monthly report shall present the flow data and observed flow conditions supported by graphical and tabular presentations of flow, level, and velocity, where applicable. Each summary shall include the following information: Graphical Representation of Data A graphical time-series weekly plot (hydrograph) of flow rate vs. time data, as well as associated recorded rainfall data, shall be presented for each specific flow meter site. An average seven (7) day dry weather hydrograph will also be prepared/presented and flow data from any significant rainfall event (greater than 0.5-inches over 24-hours) during any specific seven (7) day period will be added to the hydrograph and RDII volumes for each significant event shall be calculated and displayed on the hydrograph. Additional graphs will also be required: Monthly graph (scatter graph) of flow depth versus velocity readings Monthly flow graph depicting daily maximum, average and minimum flow rates with daily rainfall accumulations WORK ORDER INITIATION FORM 3 of 10 Revised: 2/11/2016 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 0.00 0.80 1.60 2.40 3.20 4.00 4.80 5.60 6.40 7.20 8.00 5/19/20165/20/20165/21/20165/22/20165/23/20165/24/20165/25/20165/26/20165/27/20165/28/20165/29/20165/30/20165/31/20166/1/20166/2/20166/3/20166/4/20166/5/20166/6/20166/7/20166/8/20166/9/20166/10/20166/11/20166/12/20166/13/20166/14/20166/15/20166/16/20166/17/20166/18/2016Rainfall (in)Flow (mgd)Flow Meter Site 7 Rainfall (IN)Minimum Flow (MGD)Average Flow (MGD)Maximum Flow (MGD) Daily wet weather 24-hour flow volume versus recorded rainfall magnitude for events greater than 0.5-inches (regression analysis) Graphs shall be provided in both .pdf and .xls formats. The following provides examples of graphs required. Scatter Graph Monthly 24-Hour Flow Maximums, Minimums, Averages and Rainfall Accumulation WORK ORDER INITIATION FORM 4 of 10 Revised: 2/11/2016 24-Hour Flow Volume (MGD) Versus Rainfall Accumulation (IN) Tabular Data The following data shall be submitted in electronic form with calculated statistics in .xls format for each specific flow meter/rainfall gauging site: Flow Meter Site Statistics: o Average dry weather flow rate (Million Gallons Per Day) o Peak hourly dry weather flow rate (Million Gallons Per Day) o Peak hourly wet weather flow rate (Million Gallons Per Day) Rainfall Monitoring Site Statistics: o Recorded rainfall event date (events greater than 0.5-inches) o Rainfall amount per event (Inches) o Recurrence storm interval (2, 5, 10 Year, etc.) o Identification of rainfall gauge used for each flow meter site analysis Flow Monitoring Data: o Time (5 Minute Increments) o Level (Inches) o Velocity (Feet Per Second) o Flow rate (Million Gallons Per Day) Rainfall Monitoring Data: o Time (15 Minute Increments) o Rainfall measured (Inches) Calibration records Data reliability summary of all meters WORK ORDER INITIATION FORM 5 of 10 Revised: 2/11/2016 Data excluded Maintenance activities completed Installation report IV.FLOW METER MAINTENANCE McKim & Creed staff will perform maintenance on a weekly basis. Each site will be visited to ensure that no conditions exist that could be detrimental to the recording and collection of quality flow data. During each site visit depth and velocity calibrations will be performed to ensure accurate readings are being obtained. Each flow meter will be programmed to record instantaneous velocity and flow levels during fifteen (15) minute intervals. Each flow meter site will also be checked twice daily remotely and any inconsistent data will warrant an additional site visit from the maintenance crew. Flow level, velocity and volume will be uploaded to the McKim & Creed ‘Enterprise’ server on a daily basis as described by the following paragraph. V.FLOW DATA ANALYSIS The following identifies the analysis that will be performed for each of the twelve (12) monitoring sites on a monthly basis. Monthly reports shall contain charts, tables, and figures demonstrating at a minimum, the followingquantitiesandcalculations: ADF, AverageDailyFlow ABF,AverageBaseFlow,establishedduringperiodsof dry weather. ASF,AverageDailySanitarySewerFlow,determinedby calculation *ASF= ABF– GWI GWI, Non-Rainfall Groundwater Infiltration, estimated by analysis of early morning flows when the sanitary sewer contribution is very low. The difference between the early morning flows and the MSF represents an approximate estimate of GWI. GWI can also be determined empirically with the followingequation. *GWI = ABF– ((ABF–MBF)/0.88) MSF, MinimumSanitaryFlow,by calculation,MSF= 0.12*ASF. MBF,MinimumBaseFlow,by calculation,MBF= MSF+ GWI. Ratio of MBF/ABF. Ratio of GWI/ABF. RainfallAmountandIntensity. WORK ORDER INITIATION FORM 6 of 10 Revised: 2/11/2016 RainfallDependentInfiltration/Inflow,(RDI/I),directlyresultingfrom rainfall. *RDI/I = TotalFlowVolume– ABF Peak RDI/I,maximumdifferencebetweenthe ABFandTotal Flowhydrographs. PHF,Peak Hour Flow PeakingFactor= PHF/ADF Peak 15-minuteFlowDepth Peak 15-minuteFlowVelocity Peak 15-minuteFlowVolume CurrentFullPipe Capacity Total MonthlyFlow Ratio of GWI/Inch-Diameter Miles of Upstream Contributing Sewer Mains for each meterbasin. McKim & Creed will submit monthly flow monitoring/rainfall gauging reports to the City for review. Included in the monthly report will be raw flow data, edited flow data, (changes highlighted in yellow), raw rainfall data and changes in apparent groundwater elevation at each monitoring site. In an effort to compress the abundance of data, daily minimum, average and peak 24-hour flow rates as well as daily rainfall will be presented separately. The monthly flow/rainfall information will also be supplemented with daily tabular data for each monitoring site that depicts the minimum, average and peak daily flow rates and the associated recorded rainfall recorded during each day. The tabular data will be utilized to create individual bar graphs for each flow metering site to help visualize the effects of any wet weather period. In addition to the daily tabular data/graphs a monthly scattergraph will also be prepared that represents the isolated 24-hour flow measured at each site for all significant rainfall events; in excess of one half inch, in comparison to the rainfall recorded over the same 24- hours. 3.PROJECT GOALS: EQUIPMENT INSTALLATION FLOW AND RAIN DATA RETRIEVAL EQUIPMENT MAINTENANCE MONTHLY DATA REPORTING WORK ORDER INITIATION FORM 7 of 10 Revised: 2/11/2016 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks for one (1) year in accordance with Professional Services Method “B” – Lump Sum Percentage of Completion by Task, for a fee not to exceed One Hundred Ninety- Nine Thousand, Eight Hundred Dollars ($199,800.00). 5.SCHEDULE: Initial installation and calibration of the flow meters will start the monitoring and reporting period and is therefore the critical path item. The project is to be completed within 395 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Kick Off Meeting 7 calendar days Flow Meter Installation 14 calendar days Testing & Calibration 21 calendar days Monitoring and Reporting 365 calendar days 6.STAFF ASSIGNMENT (Consultant): McKim & Creed – Aubrey Haudricourt, PE, Greg Anderson, PE, Jacob Landis, EI, Sunil Khanal, EI, Craig Watts, EI, Delvin Carter, Patrick Goode, Nick Anderson and Jeffrey Kiefer. 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Aubrey Haudricourt All City project correspondence shall be directed to: Jeff Walker with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: 0327-96665-563800-535-000-0000 9.INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. WORK ORDER INITIATION FORM 8 of 10 Revised: 2/11/2016 B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. City will provide and install two monitoring vaults over the force mains at LS 11 & 20 and provide conduits for power and communication to existing PLC mounting back plane. PREPARED BY:APPROVED BY: ________________________________________________ {Name}Michael D. Quillen, PE {Title}City Engineer {Firm}City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 9 of 10 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc.software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 10 of 10 Revised: 2/11/2016 WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Unit Price Equipment & Labor Total 1.0 Flow Meter Installations and Calibrations: A 9 –FloWav Sensors with Telog Ru-32 RTUs 9 @ $1,000 ea.$9,000 $9,000 B 3 –Fuji Transit Time C Flow Meters with Telog Ru-32 RTUs * *Note – City to install 2 monitoring vaults over the force mains at LS 11 & 20 and provide conduits for power and communication to existing PLC mounting back plane. 3 @ $2,000 ea.$6,000 $6,000 $15,000 2.0 Rainfall Gauge Installations and Calibrations: A 6 –Texas Electronics Tipping Buckets with Telog RG-32 RTUs 6 @ $500 ea.$3000 $3,000 $3,000 3.0 Flow Meter Maintenance and Calibrations: A 9 –FloWav Sensors with Telog Ru-33 RTUs for 12 months. 9 X 12 @ $850ea./month $91,800 $91,800 B 3 –Fuji Transit Time C with Telog Ru-32 RTUs for 12 months 3 X 12 @ $200ea./month $7,200 $7,200 $99,000 4.0 Rainfall Gauge Maintenance and Calibration: A 6 –Texas Electronics Tipping Buckets with Telog RG-32 RTUs 6 X 12 @ $150ea./month $10,800 $10,800 $10,800 5.0 Monthly Reporting A 12 Flow Meters and 6 Rainfall Gauges for 12 Months 12X 12 @ $500ea./month $72,000 $72,000 $72,000 Total $199,800 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3238 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a supplemental work order to Engineer of Record (EOR) McKim and Creed, Inc. in the amount of $76,926.00 for the Reverse Osmosis Water Treatment Plant 1 Blend Tank Removal Project (16-0032-UT); and authorize the appropriate officials to execute same. (consent) SUMMARY: Supplemental work order 1 is for Final Design and limited Construction Engineering and Inspection service for the Reverse Osmosis Water Treatment Plant 1 Blend Tank Removal Project. This work provides for the removal of the failing existing blend tank and subsequent replacement with an inline static mixer and higher speed pump motors for increased efficiency. The new blend system will not require changes to control strategies but increase firm transfer pump capacity resulting in greater system flexibility. The preliminary design phase was completed in November 2016 under the original work order for $21,900. The final design phase is expected to be completed mid 2017 with a project construction completion early 2018. This work order was negotiated in accordance with the Consultant’s Competitive Negotiations Act. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the Reverse Osmosis Water Treatment Plant #1. APPROPRIATION CODE AND AMOUNT: 315-96764-561300-533-000-0000 $76,926.00 Funding is available in Capital Improvement Project 0315-96764, RO Plant Expansion Res #1 to fund the work order. Page 1 City of Clearwater Printed on 2/24/2017 WORK ORDER INITIATION FORM 1 of 10 Revised: 2/11/2016 1365 Hamlet Ave Clearwater, FL 33756, (727) 442-7196 SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:February 1, 2017 Project Number:0992-0230 City Project Number:16-0032-UT 1.PROJECT TITLE: Reverse Osmosis WTP #1 Blend Tank Removal Project 2.SCOPE OF SERVICES: The City of Clearwater (City) is currently utilizing two 20,000 gallon blend tanks that operate in series to blend RO permeate, RO bypass and off-spec water. The tanks are nearing the end of their useful life and the City would like to demolish the tanks and have the ability to send the three process streams directly to the two (2) ground storage tanks (GSTs), which operate in parallel. McKim & Creed performed an evaluation for the feasibility of removing the blend tanks from the treatment process and it was determined the blend tanks could be removed. The results of the evaluation were summarized and included in a technical memorandum, dated November 21, 2016. The City has requested McKim & Creed to provide professional engineering consulting services needed to design, permit and to provide limited construction phase services needed to demolish the tanks, and to modify the piping and pumps associated with the Transfer Pump Station. The work included with this scope of services includes the following tasks: DESIGN PHASE The general design concept included in the Reverse Osmosis WTP#1 Blend Tank Removal Evaluation memorandum (memo) will be advanced to ultimately provide biddable construction drawings and technical specifications. Final Issue for Bid drawings and technical specifications will be signed and sealed per Florida Statute for the permitting and bidding phases of the project. Progress review meetings are included at each submittal phase. Based on the size and type of the project, it is recommended that two design submittal packages be produced; one at 75% design and the other at Issue for Bid. Task 3.0 – Design Phase Services General Project Management Services: The effort included in the Project Management Services is estimated based on the tasks of this Scope of Services for design and construction phases. The WORK ORDER INITIATION FORM 2 of 10 Revised: 2/11/2016 Project Management Task includes kickoff meeting, project setup, monthly progress reports and invoicing. Quality Assurance / Quality Control (QA/QC): McKim & Creed shall provide QA/QC reviews at key points in the project. For this service McKim & Creed will utilize the service of senior and/or experienced professionals to perform the QA/QC reviews. Task 3.1 – 75% Design Drawings and Specifications Advance conceptual design from the memo and prepare 75% drawings, technical specifications, engineer’s opinion of probable construction cost and preliminary project schedule. Submit three (3) full size drawings, five (5) hard copies (11”x17”), (4) hard copies specifications, and an electronic (PDF) copy via e-mail to City staff for review and comment. Task 3.1.1 75% Design Review Meeting A 75% review meeting with the design team and City staff will be scheduled approximately 14 calendar days after the 75% submittal to review and address City comments. Meeting minutes will be prepared and provided to City staff via e-mail (PDF copy). Task 3.2 – Issue for Bid Design Drawings and Technical Specifications Incorporate City comments and revisions from the 75% review meeting and from FDEP permitting and advance the drawings and specifications to Issue for Bid status. Five (5) signed & sealed sets of drawings (24”x36”), technical specifications, updated engineer’s opinion of probable construction cost, project schedule and CD-ROM with CAD and PDF copies of the complete package will be submitted to the City for advertisement. In addition, the McKim & Creed will provide the City with up to two (2) signed and sealed sets of Issue for Bid drawings and technical specifications that will be used by City staff to obtain City Building Department permits (if required). Task 3.3 – FDEP Permitting Subsequent to the 75% review meeting, McKim & Creed will prepare the FDEP Application for a Specific Permit to Construct PWS Components and will submit the permit application to the FDEP. McKim and Creed has time budgeted to address up to two (2) sets RAI comments received from the FDEP. BIDDING SERVICES Task 4.0- Pre-bid Meeting and Bidding Assistance McKim & Creed will provide bidding services inclusive of the following items: Attend a Pre-Bid meeting that will be conducted by the City; agenda shall be prepared by the City. Provide responses to Contractors’ questions during bidding and aid the City in the preparation of addenda. The City will issue all addenda. WORK ORDER INITIATION FORM 3 of 10 Revised: 2/11/2016 Review bids received by the City and provide recommendation of award. Prepare conformed construction documents, and issue as required, addressing changes made by addendum. CONSTRUCTION PHASE Task 5.1- Limited Construction Phase Services Pre-Construction Meeting: Prior to the start of construction, the City will prepare agenda and arrange for a pre-construction meeting to include the contractor, key subcontractors and engineer. Suggested items for discussion at the meeting are: Contact list for the project Project Overview Project Construction Meetings Submittal Format, Tracking and Schedule Overall Construction Schedule Shutdown Procedures and Notifications RFI Procedures Payment and Requisition Procedures Discussion of other job specific details relative to the project Discussion of the required project permits. Safety Discussion and Emergency Procedures Submittals: McKim & Creed will track and review Contractor submittals for conformance with the Contract Documents and will provide submittal review comments within 14 calendar days as required. Submittals and submittals logs will be distributed to the City and the Contractor. Review is to be limited to general conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to the approval of the means, methods, techniques, sequences, or procedures of construction or safety program of the Contractor. Under this Task, the review of only one resubmittal of any initial submittal shall be included. It is anticipated that approximately 30 shop drawings will be submitted for this project. Request for Information (RFI): Requests for information from the Contractor will be tracked, reviewed by McKim & Creed, and if needed, forwarded to the City for additional information. McKim & Creed will provide responses to the Contractor and copy the City within ten (10) working days of receipt of each RFI. McKim & Creed will maintain a RFI log and distribute the log to the City and the Contractor. Contractor Pay Request Review: McKim & Creed, within ten (10) days after receipt of each application for payment from the Contractor, will provide written notice to the City recommending payment to the Contractor, or return the request to the Contractor providing written notice of McKim & Creed’s reason for returning the pay request. As part of the review process, McKim & Creed shall review the progress of record drawings and that appropriate releases of liens are submitted with the pay request. Upon receipt of the Contractor’s request WORK ORDER INITIATION FORM 4 of 10 Revised: 2/11/2016 for final payment, McKim & Creed shall observe and, if acceptable, submit to the City a recommendation as to acceptance of the work and as to the final payment request of the Contractor. Change Order Request (COR): McKim & Creed will review and comment on Change Order Requests from the Contractor based on the Contract Documents. McKim & Creed will also provide review of pricing and content, as well as providing a recommendation of approval or disapproval to the City. A log of Change Order requests will be kept for review by the City. Record Drawings and FDEP Certification: The Contractor will be responsible for developing the As-Built Drawings in accordance with Specification 01782. McKim & Creed will review and provide comments on the As-Built Drawings supplied by the Contractor prior to their submittal to the City. McKim & Creed will use the completed As-Built Drawings to prepare Record Drawings needed for the Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation. Substantial and Final Walkthrough: McKim & Creed shall conduct a substantial site walkthrough for substantial completion, followed by a final walkthrough. The substantial walkthrough shall be subsequent to the Contractor’s preparation of a punch list. McKim & Creed shall modify the list accordingly pending the results of the substantial walkthrough. McKim & Creed shall issue a recommendation of substantial completion for the purpose of establishing the starting date for specific equipment warranties, and to establish the date that the CITY shall assume responsibility and the cost of operating such equipment. Subsequent to the completion of all punch list items as notified by the Contractor, McKim & Creed shall complete the final walkthrough. Subsequent to an acceptable final walkthrough, McKim & Creed shall recommend, in writing, final payment to the Contractor. Substantial and Final Walkthroughs will be attended by the Contractor, key subcontractors and key staff from the City. Startup Services: McKim & Creed will provide qualified professional staff for up to four (4) hours to observe and assist with startup and testing. Task 5.2 – Limited Construction Observation Services: Construction Site Visits/Progress Meetings: McKim & Creed will provide limited onsite construction observation and will attend monthly construction progress meetings during active construction. The observation services will average 2 hours per week for the anticipated 16 week active construction duration. If additional onsite services are required, McKim & Creed will negotiate with the City for additional services. PROGRAMMING Task 6.1- SCADA Software Modifications McKim & Creed will provide SCADA system software modifications for the following: WORK ORDER INITIATION FORM 5 of 10 Revised: 2/11/2016 1. Configure VFD and PLC communications for the four (4) new transfer pump VFDs to allow connection to the SCADA system network as a remote I/O device over Ethernet to CP-400 (High Service Pump) PLC. 2. Implement PLC to PLC communications to operate the transfer pump VFDs from the CP 200 SLC 5/05 PLC. 3. Modify the manual pump controls to provide manual start/stop with manual pump speed control. 4. Modify the automatic pump controls to provide lead/lag1/lag2/lag3 operation with manual alternation and automatic pump failover. Automatic pump control will be changed from tank level to suction pressure with operator adjustable alarms and pump sequencing. 5. Monitor and modify the caustic metering pump operation based on injection to a static mixer and pH monitoring through an in-line sensor instead of the original tank insertion sensor. 6. Review and modify plant operation sequencing for such items as interlocking the ground storage tank levels with RO systems, dual media filters and/or well pump operation along with operator adjustable settings. 7. Software modifications will include PLC logic and communication modifications as well as HMI graphic screen changes, database additions, alarm and trend database additions and local trend screen updates. 8. SCADA software applications at WTP2 and WTP3 will be updated to reflect these modifications through the use of ‘include projects’. 9. Services will also include two (2) days of SCADA system startup and testing. This will include: a. Testing of VFD communications to the PLC. b. System signal testing with the contractor to verify field signal connections through the local control panel PLC. c. HMI and PLC application software testing to confirm system operation. d. Tuning of transfer pump and caustic pump control loops. 10. Services will include one (1) day of operator training on the software modifications, with a morning and afternoon session. It is anticipated the training sessions will be conducted on the same day, with scheduling coordinated with the plant chief operator to support shift operations. The training format will be hands-on, utilizing the plant SCADA system to demonstrate new/modified screens and functionality. 11. Services do not include modifications or additions to the WIN-911 or RACO autodialer remote alarm notification systems, modifications or additions to the historian server and/or collection of any VFD information beyond In Remote, Run Status, Failure, Speed Indication, VFD Amps and Power, Pump Start/Stop command and speed command. ASSUMPTIONS AND ADDITIONAL INFORMATION: Design will be in general accordance with the Blend Tank Removal Evaluation Final Technical Memorandum, dated 11/21/2016. Environmental permitting and survey work is not anticipated and is not included in this scope of work. WORK ORDER INITIATION FORM 6 of 10 Revised: 2/11/2016 City will provide construction administration and on-site observation sufficient to observe the work completed is in conformance with the Contract Documents. City will issue payment for all permitting. The new VFDs will be located in the existing MCC room. The existing transfer pumps will be reused and each pump will be fitted with new higher speed motors. Pump motors and related equipment may need to be sole-sourced to utilize the existing pumps. 3.PROJECT GOALS: The main project goal is to remove the blend tanks and improve the transfer pumps to simplify plant operations and maintenance. 4.BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by McKim & Creed, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task,for a fee not to exceed Seventy-Six Thousand Nine Hundred Twenty-Six Dollars ($76,926.00). 5.SCHEDULE: Project schedule will commence upon receipt of written authorization from the City. The total project with construction is to be completed within 330 calendar days from issuance of notice- to-proceed. The project shall be phased as follows: Kickoff Meeting 7 calendar days 75% Submittal 45 calendar days FDEP Permit Modification Application 75 calendar days Issue for Bid Documents Submittal 100 calendar days Construction Substantial Completion 300 calendar days Final Completion/Close-out 330 calendar days 6.STAFF ASSIGNMENT (Consultant): Phil Locke, PE – Project Manager / Lead Engineer Aubrey Haudricourt, PE – Senior Electrical Engineer WORK ORDER INITIATION FORM 7 of 10 Revised: 2/11/2016 Mitch Chiavaroli, PE – Senior Engineer (QA/QC review) Nicole Smith, EI – Staff Engineer 7.CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s project correspondence shall be directed to: Phil Locke, PE All City project correspondence shall be directed to: Jeff Walker, PE with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: 0315-96764-561300-533-000-0000 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. WORK ORDER INITIATION FORM 8 of 10 Revised: 2/11/2016 PREPARED BY:APPROVED BY: ________________________________________________ A. Street Lee, PE Michael D. Quillen, PE Senior Vice President City Engineer McKim & Creed, Inc.City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 9 of 10 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc.software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 10 of 10 Revised: 2/11/2016 Reverse Osmosis WTP#1 Blend Tank Removal Project McKim & Creed, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Sub-consultant Services Labor Total 3.0 Final Design Plans and Specifications 3.1 75% Design Drawings and Specifications $29,468 $29,468 3.2 Issue for Bid Drawings and Specifications $9,727 $9,727 3.3 FDEP Permit Modification $1,285 $1,285 $40,480 4.0 Bidding Services 4.1 Pre-bid Meeting and Bidding Assistance $2,827 $2,827 $2,827 5.0 Limited Construction Services 5.1 Limited Construction Phase Services $14,613 $14,613 5.2 Limited Construction Observation $4,309 $4,309 $18,922 6.0 Programming 6.1 Programming/SCADA Software Modifications $14,697 $14,697 $14,697 Grand Total $76,926 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3243 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize the purchase of four 170 horsepower Flygt Pumps from Xylem Water Solutions USA, Inc., Apopka, FL for $671,705.00; three Yaskawa Variable Frequency Drives from ICON Technologies, Tampa, FL for $114,644.77; one Square D Switchboard, one Motor Control Center and miscellaneous electrical equipment from Schneider Electric USA Inc., Tampa, FL for $38,500 for the Marshall St. Influent Pump Station Emergency Repairs Project (16-0038-UT), and authorize the appropriate officials to execute same. (consent) SUMMARY: The Marshall Street Water Reclamation Facility has experienced a failure of their influent pumping system affecting the entire facility. In order to bring the influent pump station back on line all of the pumps and electrical components must be replaced. The essential equipment will take 3 months to fabricate and deliver to the site. In order to expedite the repair of the influent pump station and minimize bypass pumping costs, it has been determined that the best course of action is to order the pumps and electrical equipment in advance of bidding the construction project to repair the pump station. The Pumps and controls will be purchased via Owner Direct Purchase Saving the City $50,165.08 in sales tax. The components are being purchased as a sole source due to the benefits of standardization of equipment in accordance with Art. II, Section 2.564(1)(b), Code of Ordinances. A construction contract for installation will be brought forward for approval once bid and low bidder is selected. APPROPRIATION CODE AND AMOUNT: 0315-96654-563600-535-000-0000 $824,849.77 Funding is available in the Capital Improvement Project, 0315-96654, Facilities Upgrade & Improvements, in the amount of $824,849.77. Page 1 City of Clearwater Printed on 2/24/2017 Page 1 of 2 January 24, 2017 McKim & Creed Re: Clearwater Marshall St. Inf. PS Rehab - NT 3531 Quoted Equipment Qty Description 3 Flygt NT 3531, 1070, 555 mm,Intended for dry vertical installation, T-stand included,Hard iron impeller and insert ring. Coating: Duasolid 50, Oxyrane ester Drive Unit: 776, Approval: FM/EX 10 pole, 170 hp, 460 V, High Effiency motor Cooling jacket with closed loop cooling system Standard connection housing Insulated support bearing Cables Power: 2 x 50ft Screened SUBCAB S3x35 + 3x16/3 + S(4x0.5) Cable Grip included. Pilot: 50ft Screened SUBCAB ctrl S 12x1.5 Cable Grip included. Material Shaft: AISI 431 Stainless steel Supervision FLS, leakage detector, in junction box FLS, leakage detector, in stator housing PT-100 in one stator winding PT-100 in lower bearing *SUCTION ELBOWS BY OTHERS *INCLUDES BELZONA 5811 COATED VOLUTE INTERIOR *ONE NP WARRANTY DIFFERED FOR TWO YEARS *2 YEAR EXTENDED WARRANTY ON 3 NT UNITS 1 Flygt NP 3531, 63-1070, 555 mm Intended for semi permanent wet installation, guiding claw included. Hard iron impeller and insert ring Coating: Duasolid 50, Oxyrane ester Drive Unit: 776, Approval: FM/EX 10 pole, 170 hp, 460 V, High Effiency motor Cooling jacket with closed loop cooling system Standard connection housing Insulated support bearing Cables Power: 2 x 50ft Screened SUBCAB S3x35 + 3x16/3 + S(4x0.5) Cable Grip included. Pilot: 50ft Screened SUBCAB ctrl S 12x1.5 Cable Grip included. Material Shaft: AISI 431 Stainless steel Supervision FLS, leakage detector, in junction box FLS, leakage detector, in stator housing PT-100 in one stator winding PT-100 in lower bearing Xylem Water Solutions USA, Inc. Flygt Products 2152 Sprint Blvd Apopka, FL 32703 Tel (407) 880-2900 Fax (407) 880-2962 Page 2 of 2 Qty Description 4 MAS BASE UNIT & PANEL W/REQUIRED TRANSFORMERS 16 J6D ANCHORS 1"X12" J-BOLTS W/NUTS & WASHERS 316SS INCLUDES START-UP AND FREIGHT CHARGES Total Discount % 11.50 Total Project Price $ 645,950.00 16-18 WEEKS LEAD TIME ARO - STANDARD DELIVERY 12 WEEKS LEAD TIME ARO - AIR RUSH (ADD $8,585.00 PER PUMP) Sincerely, Steve Dennis Phone: 407-880-2900 ext.102 steve.dennis@xyleminc.com ICON Technologies Division of ICON Supply, Inc.From: Mark Tempest PO Box 272423 Fax: 813-936-9268 Tampa, Florida 33688 Phone: 813-936-2030 Phone: 813-936-2030 Fax: 813-936-9268 Email: cwalton@icon-tech.com Date: 1/16/2017 No. Pages: 2 To: Bidding Contractors Phone: Company: Fax: Subject: City of Clearwater Marshall Street QUOTE Item TAG Qty Description Notes Total Sell 13Yaskawa 200HP 460V, iQ Pump VFD w/ Bypass * NEMA 12 Ventilated Enclosure * Rated 253A/241A continuous 50/40 Deg C ambient * 12 pulse low harmonic design * Output reactor filter * 65kaic main breaker * X-line IEC contactor bypass * Ethernet IP communication (monitoring) * Install and wire MiniCas Pump relay (provided by others) * Speed Pot, HOA, VFD/Bypass selector switches * Pilot lights for Run, Fault, Power On, Moisture, Overheat * Freight included * Max dimensions: To Follow 2 Services 1 * Up to thre days start-up training * Submittals * O&M manauals Total (Prices exclude any taxes)$114,644.77 Notes: 1 Mark Tempest Quotation is valid for 30 days from date quoted. Attached terms and conditions of sale apply. Quotation excludes any applicable taxes. Prices are FOB factory, freight pre-paid and added to invoice unless otherwise stated in this quotation. Payment terms are net 30 subject to credit approval. Prices based on no retainage. Note: Standard warranty is 12 months from start-up not to exceed 18 months from shipment. Add 3% to price for each additional year warranty (maximium 4 additional years). Terms and Conditions of Sale All references in this document to “Seller” shall include each division or d/b/a of ICON Supply, Inc. whether or not specifically identified herein. All sales made by Seller are subject to the Terms and Conditions of Sale, which shall prevail over any inconsistent terms of Buyer’s purchase order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller unless they are specifically authorized in writing by Seller’s authorized representative. No modification or alteration of these provisions shall result by Seller’s shipment of goods following receipt of Buyer’s purchase order, or other documents containing provisions, terms or conditions in addition to , in conflict with, or inconsistent with these provisions. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein. Prices in quotation made by Seller expire and become invalid if not accepted within 30 days from the date of issue, unless otherwise noted by Seller in writing. Price extensions when made, are for Buyer’s convenience only, and they as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Seller to Federal, State or local authority. Any taxes now or hereafter imposed upon sales of shipments will be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption certificate. Seller shall not be liable for delay or default in delivery and all quotations and agreements are contingent upon any cause beyond Seller’s reasonable control, including, but not limited to, governmental action, strikes, or other labour troubles, fire damage or destruction of goods, manufacture’s shortages, inability to obtain materials, fuels, or supplies, acts of God, or any other cause whatsoever beyond Seller’s control. Goods not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Buyer by the original manufacturer of such goods. ALL OTHER WARRANTIES ARE EXCLUDED, WEHTHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDINGALL IMPLIED WARRANTIES OF MECHANTIABLILITY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER’S LIABILITY HERUNDER, AND BUYER’S EXCLUSIVE REMEDIES HEREUNDER, EITHER IN CONTRACT OR IN TORT OR PURSUANT TO STATUTE, FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ARE EXPRESSLY LIMITED TO THE GIVING OF CREDIT OR REPLACEMNT OR REPAIR OF GOODS SOLD AT SELLER’S OPTION. BUYER MUST GIVE SELLER WRITTEN NOTICE IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEM (10) DAYS AFTER RECEIPT OF THE GOODS. SELLER MUST ASLO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF REQUESTED BY SELLER, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED, OR FAILURE TO RETURN ALLEGEDLY DEFECTIVE GOODS TO SELLER FOLLOWING SELLER’S REQUEST CONSTITUTES A WAIVER OF ALL CLAIMS AGAINST SELLER. SELLER’S RESPONSIBILITY TO GIVE CREDIT, REPAIR, OR REPLACEMENT IS LIMITED TO THE EXTENT THAT SELLER IS ABLE TO OBTAIN EQUIVELENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS. BUYER AND SELLER AGREE THAT SELLER SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCEDENTAL, SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION, OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN BUYER AND SELLER. No credit for goods returned by Buyer shall be given without Seller’s written authorization. All returns are subject to a restocking charge. No claim for shortage of goods or damage to goods shall be allowed unless Buyer, within ten (10) days after receipt of shipment, gives Seller written notice of the claim for shortage or damage and in such written notice fully describes the shortage and/or damage alleged. Seller’s responsibility ceases upon issuance of Bill of Lading. Seller shall not be liable to Buyer for goods that are damaged or lost while in the possession of a common carrier, and it will be Buyer’s responsibility to recover any and all damage directly from the common carrier. Any change in quantities or destination may result in a price adjustment by the Seller. Seller assumes no responsibility whatsoever for Buyer’s interpretation of plans or specifications provided by Buyer and Buyers acceptance must be premised on final approval by architects, engineers, or other third parties officially designated prior to acceptance of purchase order. Unless otherwise stated, payment terms are net 30 days from date of issuance of invoice. Payment is due in the form of cash, check, or money order. Seller may apply Buyer’s payment against any open charges within Seller’s sole discretion. Buyer agrees to pay Seller on past due accounts a monthly interest charge equal to 1.5% per month or the maximum amount permitted by the law governing the account between Buyer and Seller. The interest rate stated herein shall continue to accrue after Seller obtains a judgment against Buyer. Buyer agrees to pay Seller all costs and expenses of collection, suit, or other legal action, including all actual attorney’s fees, incurred pre-suit, through trial, on appeal, or in any administrative proceedings brought as a result of the commercial relationship between them. Seller may assign any cause of action that Seller may have against Buyer to Seller or any affiliate thereof without the consent of Buyer. Buyer waives any and all privileges and rights that Buyer may have relating to venue. Buyer and Seller agree that any legal action brought by either as a result of the account or business relationship between Buyer and Seller shall be brought in Hillsborough County, Florida. If Buyer fails to comply with these Terms and Conditions of Sale, or Buyer’s credit becomes unsatisfactory in the Sellers discretion, Seller reserves the right to terminate or restrict any order upon notice to Buyer. Buyer certifies that it is solvent and that it will immediately advise Seller if it becomes insolvent. Buyer agrees to send ICON Supply, Inc. written notice of any changes in the form of ownership of Buyer’s business within five days of such changes. Unless the delivery terms of this contract expressly provide for F.O.B. destination, shipping/delivery will be F.O.B. Seller’s point of shipment with title to the goods and risk of loss or damage passing to Buyer at that point. Buyer will be responsible for shipment during transit and for filing any damage or loss claims directly with the carrier. Seller may make partial shipments. Buyer may not cancel or terminate for convenience, or direct suspension of manufacture, except with Seller’s written consent and then only upon terms that will compensate Seller for its engineering, fabrication and purchasing charges and any other costs relating to such cancellation, termination or suspension, plus a reasonable amount for profit. Buyer represents and warrants that the goods covered by this contract shall not be used in or in connection with a nuclear facility or application. If Buyer is unable to make such representation and warranty, then Buyer agrees to indemnify and hold harmless Seller and to waive and require its insurers to waive all right of recovery against Seller for any damage, loss, destruction, injury or death resulting from a “nuclear incident”, as that term is defined in the Atomic Energy Act of 1954, as amended, whether or not due to Seller’s negligence. BUYER AND SELLER AGREE AND INTEND THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS DOCUMENT AND THAT BUYER AND SELLER ARE THE SOLE INTENDED BENEFICIARIES OF THIS DOCUMENT. ICON Technologies Division of ICON SUPPLY INC. P.O. Box 272423, Tampa, FL. 33688 Phone: 813-936-2030 Fax: 813-936-9268 E-mail Address: mtempest@icon-tech.com PAGE 1 OF 4 QUOTATION PRINTED 2/8/2017 1:47:00 PM Revised Quote Based on Adding one Size 1 3hp Starter to MCC-3 02/01/2017 Q2C Number: 38847971 Quote Number: 1 Revision Number: 0 Project Name: MARSHALL ST HEADWORKS CLEARWATER Project Sub-Name: McKim& Creed Storm Damage Project Location: Clearwater, FL Quote Name: MARSHALL STREET APCF INFLUENT PUMP Through Addenda Number: 0 Bid Date: 9/12/2016 Consultant / Specifier: Contractor / Installer: Sales Representative: BRENT GIBBS Conditions of Sale This Quotation is subject to Schneider Electric USA, I nc.'s published Conditions of Sale Payment Terms: STANDARD Billing Type(s): Currency: US DOLLARS Quote Markings Pricing Based on Purchase through Authorized Square D Distributor. Price includes delivery to site FOB Prepaid Factory………………$ 38,500 End User Net Price Excludes Sales Tax. MCC is NEMA 1A Quoted per drawings and BOM. No Specs Provided. Revised 02/01/2017 PAGE 2 OF 4 Q2C Number: 38847971 Quote Number: 1 Revision Number: 0 Project Name: MARSHALL ST HEADWORKS CLEARWATER Quote Name: MARSHALL STREET APCF INFLUENT PUMP Item No. Qty. Catalog Number / Details QUOTATION PRINTED 2/8/2017 1:47:00 PM 009-00 1 Designation: SWB-12 Square D Custom Swbd Series 2 QED Switchboard --------------------------------- Square D Custom Swbd Series 2 Designed and Tested in accordance with: UL 891/NATIONAL ELECTRIC CODE/NEMA PB-2 System Voltage - 480Y/277V 3Ph 4W 60Hz Source Description - Main is Remote System Ampacity - 1200A Tin Plated Copper Main Bus Neutral Bus - 100% Max Available Fault Current (RMS) - 65kA Enclosure - Type 1 Accessibility: Front Only Exterior Paint Color - ANSI 49 Ground Lug provided for each device Copper Ground Bus Dimensions --------------------------------- 2 - 36" Wide Section(s) 2 - 24" Deep Enclosure(s) Dimensions: 72.00" W X 24" Max D X 91.5" H Approximate Weight: 1532.00 lbs / 694.92 kgs Incoming Requirements --------------------------------- UL Dead Front Entry Point: Left of Lineup, Through the Top Connection Type: Cable in Bussed Auxiliary SPD with Surge Rating 240kA SPD Dry Contacts Includes Surge Counter Power Meter - PM5563RD 3 CTs PM5563 w/ Display - 3 phase 4 wire wye 1200A Feeders --------------------------------- Devices Associated with Remote Main: 4 - 400AS/400AT 480V 80% Rated 65 kA 3 Pole UL, Group Mounted Electronic Trip Circuit Breaker: Type LJ 1 - 800AS/400AT 480V 80% Rated 65 kA 3 Pole UL, Group Mounted Electronic Trip Circuit Breaker: Type PJ Kirk Key Interlock 1 - 800AS/600AT 480V 80% Rated 65 kA 3 Pole UL, Group Mounted Electronic Trip Circuit Breaker: Type PJ Common Feeder Features: Standard Trip Unit, Long Time, Instantaneous Estimated days to ship excluding transit: 50 working days after customer release to manufacture. See Conditions of Sale. 010-00 1 Designation: MCC-3 Model 6 LVMCC PAGE 3 OF 4 Q2C Number: 38847971 Quote Number: 1 Revision Number: 0 Project Name: MARSHALL ST HEADWORKS CLEARWATER Quote Name: MARSHALL STREET APCF INFLUENT PUMP Item No. Qty. Catalog Number / Details QUOTATION PRINTED 2/8/2017 1:47:00 PM Model 6 MCC - Standard Package --------------------------------- System Voltage: 480V 3PH 3W 60Hz Max Available Fault Current (RMS) - 65kA Control Power - 120Vac 1/4" x 1" Horizontal Ground Bus, Tin Plated Copper 800A Tin Plated Copper Horizontal Bus Class 1 Type B Wiring 20" Deep Construction 65kA Bus Withstand Rating General Purpose Type 1 Gasketed Enclosure Master Nameplate Engraved with Black Surface/White Letters Standard Exterior Paint ANSI 49 Equipment Mounting Height 72" Manual Vertical Bus Shutters Stainless Steel Nameplate Screws Unit Nameplate Engraved with Black Surface / White Letters Rodent Barriers Engineer To Order (ETO-L) Engineered To Order (ETO) 3 - Section(s) with 300A Tin Plated Copper Vertical Bus DIMENSIONS AND WEIGHT --------------------------------- Dimensions: 60.00"W X 20"D X 94.5"H Approximate Weight: 2250.00 lbs / 1020.60 kgs INCOMING --------------------------------- Incoming Connection: Cable SPD Surge Counter SPD 240kA Surge Rating for Wye Secondary Transformer - with disconnect MAIN --------------------------------- Main Lugs Top Entry 800A FULL VOLTAGE NON-REVERSING STARTERS --------------------------------- 1 - 40 HP NEMA Size 3 FVNR Starter w/Circuit Breaker Control Power Transformer 150VA 3 - 2 HP NEMA Size 1 FVNR Starter w/Circuit Breaker Control Power Transformer 100VA Motor On LED Pilot Light Red 2 - 10 HP NEMA Size 1 FVNR Starter w/Circuit Breaker Control Power Transformer 100VA Motor On LED Pilot Light Red 1 - 1/4 HP NEMA Size 1 FVNR Starter w/Circuit Breaker Control Power Transformer 100VA Motor On LED Pilot Light Red 1 - 3 HP NEMA Size 1 FVNR Starter w/Circuit Breaker Control Power Transformer 100VA Motor On LED Pilot Light Red PAGE 4 OF 4 Q2C Number: 38847971 Quote Number: 1 Revision Number: 0 Project Name: MARSHALL ST HEADWORKS CLEARWATER Quote Name: MARSHALL STREET APCF INFLUENT PUMP Item No. Qty. Catalog Number / Details QUOTATION PRINTED 2/8/2017 1:47:00 PM COMMON FULL VOLTAGE NON-REVERSING FEATURES --------------------------------- Electronic Motor Circuit Protector #16 AWG MTW Control Wire 65kA Interrupting Rating Melting Alloy Overload Relay 30mm Type K Pilot Devices Hand-Off-Auto Selector Switch FEEDERS --------------------------------- 1 - Compac 6 Circuit Breaker Branch Feeder 100A 65kA Interrupting Rating 2 - Compac 6 Circuit Breaker Branch Feeder 50A 65kA Interrupting Rating 3 - Compac 6 Circuit Breaker Branch Feeder 30A 65kA Interrupting Rating 1 - Compac 6 Circuit Breaker Branch Feeder 40A 65kA Interrupting Rating 1 - Compac 6 Circuit Breaker Branch Feeder 20A 65kA Interrupting Rating MISCELLANEOUS DEVICES --------------------------------- 1 - Surge Protection Device 3 - 12" Prepared Space 1 - 18" Prepared Space Estimated days to ship excluding transit: 35 working days after customer release to manufacture. See Conditions of Sale. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3249 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a renewable 5-year term Interlocal Agreement between Pinellas County Government and City of Clearwater to provide Ross Norton Recreational Complex as a Public Disaster Shelter during times of emergency, and allow the City of Clearwater’s Emergency Manager to execute same. (consent) SUMMARY: On October 11, 2006, Pinellas County and the City of Clearwater entered into a 5-year renewable Interlocal Agreement to provide facilities and necessary personnel to assist before, during, and following a disaster. The City of Clearwater’s Ross Norton Parks & Recreation complex is the agreed upon facility to be used as a disaster shelter. The current 5-year renewable term of the Agreement expired October 11, 2016. The County’s Emergency Management Department desires to continue the Agreement with the City. Section 1 of the Agreement requires written confirmation by both parties to renew for another five (5) year term. The renewal letter to be executed by the City’s Emergency Manager will confirm the City’s desire to continue the Agreement for the term from October 11, 2016 and ending October 10, 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3250 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the Federally Funded Public Assistance Funding Agreement for public assistance support for Hurricane Hermine expenditures and allow the City Manager to execute same. (consent) SUMMARY: Federal Emergency Management Agency’s (FEMA) Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. A Request for Public Assistance (RPA) was submitted and approved. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. It is now necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with the Florida Division of Emergency Management (the Grantee/Recipient). APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/24/2017 PA Funding Agreement Instructions FEMA-4280-DR-FL 1 INSTRUCTIONS TO EXECUTE THE FEDERALLY FUNDED PUBLIC ASSISTANCE FUNDING AGREEMENT BY THE SUBGRANTEE/SUBRECIPIENT FEMA’s Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre‐disaster conditions. A minimum of 75% of eligible cost is provided to primarily address the repair and restoration of public facilities and infrastructure which have been damaged or destroyed, or the restoration of services which were negatively impacted. Eligible Applicants are State, tribal, or local governments, and the owners or operators of certain private nonprofit facilities. In order to be eligible for federal funds, you were required to submit a Request for Public Assistance (RPA). That request has been approved. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. Funds that FEMA obligates to the State via electronic transfer, reside in the Federal account (SMARTLINK) until the State is ready to award grants to the appropriate Subgrantees/Subrecipients. EXECUTION OF THE AGREEMENT SIGNATURE AUTHORITY 1. Because your request for Public Assistance (RPA) was approved, it is now necessary for you, as the Subgrantee/Subrecipient, to enter into the attached Agreement with the Florida Division of Emergency Management (the Grantee/Recipient). The following specific officers/officials, or their authorized designees, are required to sign this Agreement on behalf of the specified type of Subgrantee/Subrecipient. (NOTE: If this Agreement is signed by a designee, a duly authenticated delegation of authority evidencing the signer’s authority to execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attached to the Agreement for review by the Division.) a. Corporation: the chair of the board of directors or president; b. City: the mayor or city manager; c. County: the chair of the board of county commissioners or the county manager; d. School Board: the superintendent; e. Fire District: the district chief; f. Special Districts: the executive director; g. Institution of Higher Education: the president of the institution; h. Charter School: the chair of the board of directors; i. County Sheriff’s Office: the sheriff; j. State Agencies: the Secretary or Director of the Agency; k. All other Subgrantee/Subrecipients: the chief executive officer of the entity. 2. Copies of the Agreement can be obtained through FloridaPA.org by anyone authorized by the Subgrantee/Subrecipient to access the system. PA Funding Agreement Instructions FEMA-4280-DR-FL 2 CHECKLIST FOR EXECUTING THE FUNDING AGREEMENT In what may be a change from how the Funding Agreement has been executed in previous disasters, it is now necessary take the following steps to ensure that the Funding Agreement and associated documentation is processed as quickly as possible: O 1. Download the Agreement and these instructions from the “Funding Agreement” section of your FloridaPA.org Subgrantee/Subrecipient Account Summary page for disaster FEMA- 4280-DR-FL within www.FloridaPA.org; O 2. Complete all user-defined fields, save the Agreement to your local computer, then print a copy of the Agreement with all attachments. (Print two copies if you want to receive an executed copy with original signatures back from the Division); O 3. Have the officer/official listed above, or their designee with signature authority, sign: a. the Statement of Assurances signature page (Attachment A); b. the Funding Agreement on page 23, under the subsection “For the Subgrantee/ Subrecipient,” (If signed by a designee, a duly authenticated delegation of authority evidencing the signer’s authority to execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attached.); and c. the bottom of Attachment D, on the line for “Subgrantee/Subrecipient Authority/ Board/Commission Signature.” d. The bottom of Attachment E on the line “FOR: Subgrantee/Subrecipient BY:” O 4. Scan a PDF copy of the Agreement with all Attachments and upload the PDF copy into www.FloridaPA.org. (This can be accomplished by selecting “View Funding Agreement” on the Event Summary page for disaster FEMA-4280-DR-FL.) O 5. Once uploaded, advance the Agreement in www.FloridaPA.org, where it will be reviewed and advanced for legal review. O 6. Send the original(s) of the signed Agreement by U.S. Mail or courier service to the following address: Attn: Evan Rosenberg, Bureau Chief Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100. Once received, the Division’s representative will execute the Agreement and a scanned copy of the fully executed Agreement will be uploaded into www.FloridaPA.org. (If the Subgrantee/ Subrecipient has sent two copies of the Funding Agreement, each with original signatures, the Division will return one fully executed copy with original signatures to the Subgrantee/ Subrecipient. If only one copy with original signatures has been sent by the Subgrantee/ Subrecipient, then the Division will retain the resulting fully executed copy of the Agreement.) OTHER INFORMATION It is the Subgrantee’s/Subrecipient’s responsibility to review all of the provisions in the Agreement and Attachments, and completely fulfill its duties and obligations thereunder. While PA Funding Agreement Instructions FEMA-4280-DR-FL 3 the provisions may not be modified, the Subgrantee/Subrecipient has the right to consult with counsel and have counsel review the Agreement before signing and submitting it to the Division for acceptance. While all of the provisions are important and must be complied with, the following provisions are especially important for the Subgrantee/Subrecipient to be aware of: GRANTEE’S/RECIPIENT’S WEB-BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.org) Subgrantees/Subrecipients must use the Grantee’s/Recipient’s web-based project manage- ment system, FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State throughout the project’s life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Grantee/Recipient upon request by the Subgrantee/Subrecipient. The Sub- grantee/Subrecipient is required to have working knowledge of the FloridaPA.org system. TIMELINE FOR PERFORMANCE OF WORK COMPLETION DATES In accordance with 44 C.F.R. § 206.204, the Subgrantee/Subrecipient must complete all projects – whether small projects or large projects – no later than 18 months from the date a major disaster or emergency is declared by the President, except that the Subgrantee/ Subrecipient only has 6 months to complete projects related to debris removal and emergency work. Based on extenuating circumstances or unusual project requirements beyond the control of the Subgrantee/Subrecipient, the Grantee/Recipient may – but is not required to – extend the completion deadline for an additional 6 months for debris removal and emergency work, and 30 months for permanent restoration work. The Subgrantee/Subrecipient must notify the State and certify work is complete on small projects. CLOSEOUT The Public Assistance Program is considered programmatically closed when FEMA assures that all of the grants awarded under this Agreement for a disaster meet the statutory and regulatory requirements that govern the program. To achieve programmatic closure, the Grantee/Recipient ensures that all funds have been obligated and all work has been completed in accordance with this Agreement. In addition, FEMA must resolve any appeals before programmatic closure is complete. Financial reconciliation of the grant, or grant closure, occurs later, when FEMA and the Grantee/Recipient (State) reach agreement that all applicable administrative actions related to the Public Assistance Program are complete and all program funds related to the disaster have been reconciled. A signed Project Completion and Certification report is required to close this Agreement. Contract Number: Subgrantee/Subrecipient: FIPS/PAID Number: PA Funding Agreement FEMA-4280-DR-FL page 1 of 22 HURRICANE HERMINE DISASTER DECLARATION (FEMA-4280-DR-FL)) Federally Funded Public Assistance State Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, whose headquarters is in Tallahassee, Leon County, Florida (hereafter referred to as the “Grantee/Recipient”), and: . (hereinafter referred to as the “Subgrantee/Subrecipient”). WHEREAS, On September 28, 2016, President Barack H. Obama issued a Major Disaster Declaration designated FEMA-4280-DR-FL for the State of Florida as a result of Hurricane Hermine; and WHEREAS, The Declaration, as amended, authorizes Public Assistance funding for eligible disaster recovery efforts in Alachua, Baker, Citrus, Columbia, Dixie, Franklin, Gadsden, Gilchrist, Hernando, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Manatee, Marion, Pasco, Pinellas, Sarasota, Sumter, Suwannee, Taylor, Union, and Wakulla Counties; and WHEREAS, The FEMA-State Agreement executed October 6, 2016, between the State of Florida and the Federal Emergency Management Agency (FEMA) governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees/Subrecipients; and WHEREAS, The Subgrantee/Subrecipient is located in the affected area and appears to have suffered eligible damage; now THEREFORE, the Grantee/Recipient and the Subgrantee/Subrecipient, as evidenced by the execution of this document by affixing the signatures of the parties’ authorized representatives below, agree to the following: 1) DEFINITIONS. a. As used in this Agreement, the following terms have the following meanings unless another meaning is specified elsewhere: i. Agreement Sum: is the Grantee’s/Recipient’s amount of reimbursement to the Subgrantee/Subrecipient for its verified expenses, subject to the scope of work identified in the Project Worksheet for Small and/or Large Projects. ii. Eligible activities: are those activities authorized in the FEMA-State Agreement (located in FloridaPA.org on the main Disaster Summary Page PA Funding Agreement FEMA-4280-DR-FL page 2 of 22 under “documents”), and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C §§ 5121-5207 (Stafford Act); in accordance with 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. iii. FEMA - State Agreement: is the agreement executed October 6, 2016, between the FEMA and the State of Florida, for a presidential major disaster declaration designated FEMA-4280-DR-FL. iv. Large Project Threshold: When the approved estimate of eligible costs for an individual project under major disaster is $121,80000 or greater, it is a Large Project. v. P.2. package: is the formal notification used for all versions of a Project Worksheet with a change in the funding amount. vi. Project Worksheet (Subgrant Application): is the primary form used to document the location, damage description and dimensions, scope of work, Special Considerations, and cost estimates for each small or large project. It is the basis for the grant. vii. Reasonable: for purposes of access to records, is construed according to the circumstances, but ordinarily means during the normal business hours of 8:00 a.m. to 5:00 p.m., local time, on any Monday through Friday that is not a state or federal holiday. viii. Zero (0) Dollar Notification Letter: is the notification for projects where there are scope changes, improved or alternate projects, ineligible cost or a zero (0) dollar variance closeout. 2) AGREEMENT TO BE BOUND. a. The parties enter into this Agreement intending to be bound by same. b. The parties specifically agree to comply with all conditions, obligations, and duties imposed by this Agreement, by the FEMA - State Agreement, and by all applicable State and federal laws, regulations, and policies without limitation, including but not limited to 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. The Subgrantee/Subrecipient further agrees to comply with the Statement of Assurances attached hereto as Attachment “A” and incorporated herein by reference. 3) FUNDING. a. The federal share of the eligible costs specified in the Project Worksheets under this Agreement is seventy-five percent (75%) of such costs, unless a higher percentage is approved. The non-federal share is the remaining amount. b. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. c. The Subgrantee/Subrecipient acknowledges that the Grantee’s/Recipient’s obligation to pay under this Agreement is contingent upon an appropriation by the PA Funding Agreement FEMA-4280-DR-FL page 3 of 22 State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. d. Disbursement must be consistent with section 252.37, Florida Statutes. Admin- istrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206.228 and do not require matching funds may also be funded by FEMA. e. Subject to an advance payment of funds by the Grantee/Recipient to the Subgrantee/Subrecipient, the Grantee/Recipient will provide funds on a cost reimbursement basis to the Subgrantee/Subrecipient for eligible activities approved by the Grantee/Recipient and FEMA, as specified in the approved Subgrantee/Subrecipient Project Worksheets. f. The Grantee/Recipient may provide some portion of any nonfederal share for some Subgrantees/Subrecipients. As a condition of receipt of the federal funding, the Subgrantee/Subrecipient agrees to provide any nonfederal share not paid by the Grantee/Recipient. The federal allowable costs must be determined as per 2 C.F.R. and 44 C.F.R. §§ 13 and 206. g. The approved Project Worksheets will be transmitted to the Subgrantee/ Subrecipient, and must state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. h. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. These actions will be denoted in the final version of the obligated project worksheet for each project. i. The approved Project Worksheets will document the total eligible costs and the total federal share of those costs. j. As a condition of funding under this Agreement, the Subgrantee/Subrecipient agrees that the Grantee/Recipient may withhold funds otherwise payable to the Subgrantee/Subrecipient from any disbursement to the Grantee/Recipient, by FEMA or any other source, upon a determination by the Grantee/Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Subgrantee/Subrecipient pursuant to this Agreement or any other funding agreement administered by the Grantee/Recipient. k. The Subgrantee/Subrecipient understands and agrees that the Grantee/Recipient may offset any funds due and payable to the Subgrantee/Subrecipient until the debt to the State is satisfied. In such event, the Grantee/Recipient will notify the Subgrantee/Subrecipient via the entry of notes in FloridaPA.org. 4) INSURANCE. a. The Subgrantee/Subrecipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Subgrantee/ Subrecipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). PA Funding Agreement FEMA-4280-DR-FL page 4 of 22 b. As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252- 253, for damaged facilities, the Subgrantee/Subrecipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or th e insured facility, whichever is lesser. Except that the Grantee/Recipient acknowl- edges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,00000. c. In addition to the preceding requirements, the Subgrantee/Subrecipient under- stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, “Such coverage must at a minimum be in the amount of the eligible project costs.” Further, the Stafford Act, requires a Subgrantee/Subrecipient to purchase and maintain insurance, where that insurance is “reasonably available, adequate or necessary to protect against future loss” to an insurable facility as a condition for receiving disaster assistance funding. The Act further states “If the requirement to purchase insurance is not met, FEMA will not provide assistance for damages sustained in the current disaster.” If the State Insurance Commissioner certifies that the type and extent of insurance is not “reasonably available, adequate or necessary to protect against future loss” to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. d. The Subgrantee/Subrecipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. e. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Subgrantee/Sub- recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. f. The Subgrantee/Subrecipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 5) DUPLICATION OF BENEFITS PROHIBITED. a. The Subgrantee/Subrecipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Subgrantee/ Subrecipient receive any other duplicate benefits from any source whatsoever. b. The Subgrantee/Subrecipient agrees to reimburse the Grantee/Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Subgrantee/Subrecipient has received payment from the Grantee/Recipient. c. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, PA Funding Agreement FEMA-4280-DR-FL page 5 of 22 applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Grantee/Recipient determines the Subgrantee/Subrecipient has received duplicate benefits, the Subgrantee/Subrecipient gives the Grantee/ Recipient and/or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Subgrantee/Subrecipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. 6) COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS. a. The Subgrantee/Subrecipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee/Recipient, and in accordance with applicable Local, State, and Federal legal requirements. b. If applicable, the contract documents for any project undertaken by the Sub- grantee/Subrecipient, and any land use permitted by or engaged in by the Sub- grantee/Subrecipient, must be consistent with the local government comp- rehensive plan. c. The Subgrantee/Subrecipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. d. The Subgrantee/Subrecipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 7) DOCUMENTATION AND INSPECTIONS. a. The Subgrantee/Subrecipient must create and maintain documentation of work performed and costs incurred on each project site identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. If the Grantee/Recipient determines the Subgrantee/Subrecipient has failed to create and maintain such documentation, the Grantee/Recipient may, in its sole discretion, terminate further funding under this Agreement. In such event the Subgrantee/Subrecipient must, within sixty (60) days of receipt of Notice by the Grantee/Recipient, reimburse the Grantee/ Recipient for all payments disbursed to the Subgrantee/Subrecipient, together with any and all accrued interest. i. Failure of the Grantee/Recipient to terminate funding when a Subgrantee’s/ Subrecipient’s breach is discovered does not act as a waiver of the Grantee’s/Recipient’s right to enforce this provision later, nor does failure to enforce this provision in one instance act as a waiver to enforce this provision in other instances. b. For all projects, the Subgrantee/Subrecipient must state on the "Project Comp- letion and Certification Report" that all work was performed in accordance with this PA Funding Agreement FEMA-4280-DR-FL page 6 of 22 Agreement and the requirements in each Project Worksheet, and must state the date of completion. c. For Small Projects, the Subgrantee/Subrecipient must notify the State when work is complete and must upload photographs clearly demonstrating completion of the work to the Subgrantee/Subrecipient’s FloridaPA.org account. d. For Large Projects the Subgrantee/Subrecipient must submit a Request for Close- out on FloridaPA.org, and include. i. a Request for Reimbursement (if funds are owed to the Subgrantee/ Subrecipient); and ii. a Summary of Documentation which is automatically created when the request for closeout is submitted on FloridaPA.org. e. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Grantee/Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. f. Interim Inspections may be requested by the Subgrantee/Subrecipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. g. Interim Inspections may be scheduled and submitted by the Grantee/Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Subgrantee/Subrecipient is not submitting Requests for Reimburse- ment (RFR’s) in a timely manner; iii. requests for a Time Extension have been made that exceed the Grantee’s/ Recipient’s authority to approve; and/or iv. there are issues or concerns identified by the Grantee/Recipient that may impact funding under this agreement h. The Subgrantee/Subrecipient must submit a request Large Project closeout in FloridaPA.org no later than sixty (60) days after the project’s completion. i. The Grantee/Recipient will use its authority to submit a request for project closeout if the Subgrantee/Subrecipient has identified the project to be complete but has failed to submit the request for closeout. 8) PAYMENT. a. The Grantee/Recipient agrees to disburse the eligible costs to the Subgrantee/ Subrecipient in accordance with the following procedures: PA Funding Agreement FEMA-4280-DR-FL page 7 of 22 i. Funding for Small Projects: Small project funding will be based on estimated costs, only if actual costs are not yet available. Payment is made on the basis of the initial approved amount, whether estimated or actual. Revisions to the initial Project Worksheet may be required if there are omissions or changes in the scope of work. (Revisions to the Project Worksheets may result in changes in funding level and/or category.) Payment methods are fully described in FEMA’s Public Assistance Program and Policy Guide (January 2016). A request to increase cost on small projects is only allowed under a request for a Net Sm all Project Overrun. A Small Project Netting will require the inspection of all small projects to ensure that both the scope of work was completed and that all combined funds were expended. 1. The Grantee/Recipient agrees to disburse the federal and nonfederal shares of the eligible costs for Small Projects to the Subgrantee/Subrecipient as soon as practicable after execution of this Agreement and formal notification by FEMA of its obligation of the pertinent Small Project Worksheet. ii. Funding for Large Projects: Although Large project funding must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Subgrantee/Subrecipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments. 1. The Grantee/Recipient agrees to reimburse the Subgrantee/ Subrecipient for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after execution of this Agreement and formal notification by FEMA of its approval of the pertinent Large Project Worksheet and submission of a Request for Reimbursement (RFR) by the Subgrantee/Subrecipient. The submission from the Subgrantee/Subrecipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimburse- ment is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FEMA Cost Claim Summary W orkbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. PA Funding Agreement FEMA-4280-DR-FL page 8 of 22 b. Once the work is completed, the Grantee/Recipient and the Subgrantee/Sub- recipient will conduct a final inspection to determine if the payments to the Subgrantee/Subrecipient were proper, if it is owed additional monies, or if it must submit repayment to the State for overpayment. c. In the event that funds are owed to the State on any Federal grant, all payables are subject to be applied to any receivable until the total debt is satisfied. d. The amount which may be advanced may not exceed the expected cash needs of the Subgrantee/Subrecipient for the first three (3) months of the contract term, not to exceed the Federal share. e. Advances. i. Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph “3) Funding,” above, these payments are not bound by Section 216.181(16), Florida Statutes. 1. The Grantee/Recipient must request a waiver from the State Comptroller each Fiscal year. 2. For a federally funded contract, any advance payment is also subject to 2 C.F.R., federal OMB Circulars A-87, A-110, A-122, and the Cash Management Improvement Act of 1990. 3. All advances must be held in an interest-bearing account with the interest being remitted to the Grantee/Recipient as often as prac- ticable, but not later than ten (10) business days after the close of each calendar quarter. 4. In order to prepare a Request for Advance (RFA) the Subgrantee/ Subrecipient must certify to the Grantee/Recipient that it has pro- cedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Subgrantee/Subrecipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 5. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 6. The Subgrantee/Subrecipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 7. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. PA Funding Agreement FEMA-4280-DR-FL page 9 of 22 8. The Grantee/Recipient may advance funds to the Subgrantee/ Subrecipient, not exceeding the Federal share, only if the Sub- grantee/Subrecipient meets the following conditions: a) the Subgrantee/Subrecipient must certify to the Grantee/ Recipient that Subgrantee/Subrecipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Subgrantee/Subrecipient must submit to the Grantee/ Recipient the budget supporting the request. 9. The Subgrantee/Subrecipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than 90 days after receipt of the Advance; 10. The Grantee/Recipient may, in its sole discretion, withhold a portion of the federal and/or nonfederal share of funding under this Agreement from the Subgrantee/Subrecipient if the Grantee/ Recipient reasonably expects that the Subgrantee/Subrecipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Subgrantee/ Subrecipient was improper. 9) FINAL PAYMENT. a. The Grantee/Recipient agrees to disburse the final payment to the Subgrantee/ Subrecipient upon satisfaction of the following conditions: i. the Subgrantee/Subrecipient must have completed the project to the satisfaction of the Grantee/Recipient; ii. the Subgrantee/Subrecipient must have submitted the documentation required by this Agreement; iii. in the case of Large Projects, the Grantee/Recipient must have performed the final inspection; iv. in the case of Small Projects, the project listing and certification must have been reviewed by the Grantee/Recipient, or alternatively, the Grantee/ Recipient must have performed a final inspection (the subgrantee notifies the state when work is complete on small projects, small projects are considered closed when the P.4. has been processed and FEMA has closed the subgrantee Grant); and v. the Subgrantee/Subrecipient must have requested final reimbursement. b. The Grantee/Recipient may submit the final Request for Reimbursement (RFR) based on final inspections and closeout versions. PA Funding Agreement FEMA-4280-DR-FL page 10 of 22 10) RECORDS MAINTENANCE. a. The funding of eligible costs under this Agreement and the performance of all other conditions are subject to the following requirements, in addition to such other requirements as may be imposed by operation of law: i. The “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” as codified in 2 C.F.R. and 44 C.F.R. § 13, as amended; ii. Office of Management and Budget Circular (OMB) No. A-87, “Cost Princi- ples for State and Local Governments,” as amended; iii. OMB Circular A-110, “Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,” as amended; iv. OMB Circular A-122, “Cost Principles for Non-Profit Organizations,” as amended; and v. OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” as amended. b. The Subgrantee/Subrecipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Subgrantee/Subrecipient account closeout by FEMA. i. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. c. Records for the disposition of non-expendable personal property valued at $5,00000 or more at the time it is acquired must be retained for five (5) years after final account close out. d. Records relating to the acquisition of real property must be retained for five (5) years after final account close out. e. The Subgrantee/Subrecipient and its employees or agents, including all sub- contractors or consultants to be paid from funds provided under this Agreement, must allow access to its records at reasonable times to the Grantee/Recipient, the Florida Chief Financial Officer, the Florida Auditor General, the Comptroller General of the United States, the Department of Homeland Security (DHS), and FEMA, to include any designated employees and/or agents of such entities. 11) REPAYMENT BY SUBGRANTEE/SUBRECIPIENT. a. If upon final inspection, final audit, or other review by the Grantee/Recipient, FEMA, or any other authority, it is determined that the disbursements to the Subgrantee/Subrecipient under this Agreement exceed the eligible costs, the Subgrantee/Subrecipient must reimburse to the Grantee/Recipient the amount by which the total disbursements exceed the eligible costs no later than forty-five (45) PA Funding Agreement FEMA-4280-DR-FL page 11 of 22 days from the date the Subgrantee/Subrecipient receives notice of such deter- mination. b. All refunds or repayments owing to the Grantee/Recipient under this Agreement are to be made payable to the order of “Division of Emergency Management, Cashier” and mailed directly to: Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100. c. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to the Grantee/Recipient for collection, Recipient must pay the Grantee/Recipient a service fee of $1500 or 5% of the face amount of the returned check or draft, whichever is greater. 12) AUDITS. a. The Subgrantee/Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Subgrantee/Subrecipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R. § 200.49, GAAP “has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” c. When conducting an audit of the Subgrantee’s/Subrecipient’s performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2 C.F.R. § 200.50, GAGAS, “also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Subgrantee/Subrecipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Subgrantee/Subrecipient of such non- compliance. e. The Subgrantee/Subrecipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as “an indepen- dent certified public accountant licensed under chapter 473.” The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Subgrantee’s/Subrecipient’s fiscal year. f. The Subgrantee/Subrecipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Subgrantee/ Subrecipient, to the Division at the following address: PA Funding Agreement FEMA-4280-DR-FL page 12 of 22 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Subgrantee/Subrecipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Subgrantee/Subrecipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 13) NONDISCRIMINATION BY CONTRACTORS. a. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subgrantee/ Subrecipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Subgrantee/ Subrecipient is also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. 14) MODIFICATION AND TIME FOR PERFORMANCE. a. Any amendments to, or modification of, this Agreement, including a modification extending the time for completion of a project, must be in writing, must be subject to the same terms and conditions as those set out in the initial Agreement, and takes effect only upon execution by both parties. b. Modifications to any Project Worksheet to be funded under this Agreement may be requested by the Subgrantee/Subrecipient through the Grantee/Recipient. The approval of any such modifications, however, is at the sole discretion of FEMA. c. Any approved modification to a Project Worksheet must be noted in a new Project Worksheet version for the project and in any amendment to this Agreement. d. The time allowed for the performance of eligible emergency work is six (6) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. e. The time allowed for the performance of eligible permanent work is eighteen (18) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. f. The time for project completion can only be extended once unless the failure of the Subgrantee/Subrecipient to close out the project is caused by events beyond its PA Funding Agreement FEMA-4280-DR-FL page 13 of 22 control. Extensions cannot be granted for delays caused by lack of cost-share funding. g. If any extension request is denied by the Grantee/Recipient, or is not sought by the Subgrantee/Subrecipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension for completed projects. h. Failure to complete a project is adequate cause for the termination of funding for that project and require reimbursement to the Grantee/Recipient of any and all project costs. 15) CONTRACTS WITH OTHERS. a. If the Subgrantee/Subrecipient contracts with any contractor or vendor for per- formance of any portion of the work required under this Agreement, the Sub- grantee/Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Grantee/Recipient, its employees and/or their contractors, and the Subgrantee/Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. b. The Subgrantee/Subrecipient must document in the Quarterly Report the sub- contractor’s progress in performing its work under this Agreement. c. For each subcontract, the Subgrantee/Subrecipient must provide a written statement to the Grantee/Recipient as to whether the subcontractor is a minority vendor as defined in section 288.703, Florida Statutes. Copies of all contracts and subcontracts must be uploaded into FloridaPA.org by the Subgrantee/Sub- recipient. d. All contracts must conform to the uniform standards for procurement found in 2 C.F.R §§ 200.317-.326 and Appendix II. i. Grace Period. Notwithstanding the preceding, a Non-Federal Entity (NFE), may choose to continue to comply with the former procurement standards applicable to FEMA awards found at 44 C.F.R. Part 13 (for states, local, and Indian tribal governments) or 2 C.F.R. Part 215 (for institutions of higher education, hospitals, and other nonprofit organizations) until the completion of two additional fiscal years after December 26, 2014. This is an elective grace period. Note that if an NFE elects to use the previous procurement standards, it must affirmatively document this decision in its internal procurement policies, including the date upon which its grace period (based upon the two additional fiscal years) will end, and that it understand and agrees it must transition to the new procurement standards. 16) LIABILITY. a. The Grantee/Recipient assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee/Subrecipient is a governmental entity covered under section 768.28 (5), Florida Statutes, the Subgrantee/Subrecipient is solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Further, unless the Subgrantee/ PA Funding Agreement FEMA-4280-DR-FL page 14 of 22 Subrecipient is a governmental entity within the meaning of the preceding sentence, the Subgrantee/Subrecipient, by entering into this Agreement, agrees to indemnify and hold the Grantee/Recipient harmless from any and all claims asserted by third parties in connection with the performance of this Agreement. b. For the purpose of this Agreement, the Grantee/Recipient and the Subgrantee/ Subrecipient agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. c. Nothing in this Agreement is to be construed as a waiver by the Grantee/Recipient or the Subgrantee/Subrecipient of any legal immunity, nor is anything in this Agreement to be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. d. The Subgrantee/Subrecipient represents that to the best of its knowledge any hazardous substances that may be present at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, State or local requirements concerning such substances. e. The Subgrantee/Subrecipient further represents that the presence of any such substance or any condition at the site caused by the presence of any such sub- stance will be addressed in accordance with all applicable legal requirements. 17) REPORTS. a. The Subgrantee/Subrecipient must provide Quarterly Reports to the Grantee/ Recipient on the Quarterly Report Form available in FloridaPA.org, a sample of which is attached hereto as Attachment “B” and incorporated herein by reference. b. The first Quarterly Report is due at such time as the Subgrantee/Subrecipient is notified so. All subsequent Quarterly Reports are due no later than fifteen (15) days after each calendar quarter through the 2nd Quarter after official closure by FEMA. Quarterly Reports must indicate the anticipated completion date (this is not the approved time extension date but the date the Subgrantee/Subrecipient actually expects the project work to be complete for each project), together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. c. Interim inspections must be scheduled by the Subgrantee/Subrecipient before the final inspection, and may be required by the Grantee/Recipient based on information supplied in the Quarterly Reports. d. The Grantee/Recipient may require additional reports as needed, in which case the Subgrantee/Subrecipient must provide any such additional reports as soon as practicable. e. With respect to a Request for Advance or Reimbursement, Summary of Documen- tation, and Quarterly Reports, the contact for the Grantee/Recipient will be the State Public Assistance Officer. f. If the reports required under this section are not completed with all required information and timely submitted, the Grantee/Recipient must withhold payments payable to the Subgrantee/Subrecipient from any funding agreement. PA Funding Agreement FEMA-4280-DR-FL page 15 of 22 g. If reimbursement has not been requested within 720 days of obligation, FEMA may de-obligate funding as an interim financial reconciliation. If this occurs, the delay in funding is not appealable and the Subgrantee/Subrecipient will be eligible for funding when the project is complete and the final inspection has been processed by FEMA. 18) MONITORING. a. The Subgrantee/Subrecipient must monitor its performance under this Agreement, as well as that of its subcontractors, agents, and consultants who are paid from funds provided under this Agreement, to ensure that performance under this Agreement is achieved, satisfactorily performed, and in compliance with applicable State and federal laws, rules, and regulations. b. In addition to reviews of audits conducted in accordance with 2 C.F.R. and OMB Circular A-133, as revised, and section 215.97, Florida Statutes, monitoring procedures may include, but are not limited to, on-site visits by the Grantee/Recipient or its agent, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures deemed necessary by the Grantee/Recipient or FEMA. By entering into this Agreement, the Subgrantee/Subrecipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Grantee/ Recipient. In the event that the Grantee/Recipient determines that a limited scope audit of the Subgrantee/Subrecipient is appropriate, the Subgrantee/Subrecipient agrees to comply with any additional instructions provided by the Grantee/ Recipient regarding such audit. c. The Subgrantee/Subrecipient agrees to comply and cooperate with any inspec- tions, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. d. The Grantee/Recipient will monitor the performance and financial management by the Subgrantee/Subrecipient throughout the contract term to ensure timely completion of all tasks. e. The Subgrantee/Subrecipient must update its contacts in FloridaPA.org each quarter and ensure requests for updates are submitted as required by Florida Statutes. 19) MANDATED CONDITIONS. a. The Subgrantee/Subrecipient understands and agrees that: i. Invoices for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre and post-audit. ii. The Grantee/Recipient may unilaterally terminate this Agreement for refusal by the Subgrantee/Subrecipient or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, that are made or received by the Subgrantee/Subrecipient or its contractors and subcon- tractors in connection with this Agreement. PA Funding Agreement FEMA-4280-DR-FL page 16 of 22 iii. No funds or other resources received from the Grantee/Recipient disbursed to it under this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. iv. Responsibility for compliance with this Agreement rests with the Sub- grantee/Subrecipient, and further agrees that noncompliance with this Agreement is cause for the rescission, suspension, or termination of funding under this Agreement, and may affect eligibility for funding under past and future Subgrantee/Subrecipient Agreements. v. If otherwise allowed under this Agreement, all invoices for any travel expenses must be submitted in accordance with section 112.061, Florida Statutes. vi. The Grantee/Recipient will not knowingly award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, in violation of the employment provisions contained in 8 U.S.C. § 1324a(e) [§ 74A(e) of the Immigration and Nationality Act (“INA”)] and the Grantee/ Recipient considers the employment of unauthorized aliens by any contractor a violation of § 274A(e) of the INA. Such violation by the Subgrantee/Subrecipient is grounds for unilateral cancellation of this Agreement by the Grantee/Recipient. vii. It will comply with the restriction that a person or affiliate who has been placed on the debarred/convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list will not be allowed to submit a bid on a contract to provide any goods or services to a public entity, will not be allowed to submit a bid on a contract with a public entity for the construction or repair of a public building or public work, will not be allowed to submit bids on leases of real property to a public entity, will not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and will not be allowed to transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the debarred/convicted vendor list or on the discriminatory vendor list. viii. If applicable, it must comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimin- ation by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, all State and local government services, and in telecommunications. 20) CERTIFICATIONS. a. The Subgrantee/Subrecipient certifies that: i. It possesses the legal authority to receive the funds under this Agreement and that its governing body (if applicable) has authorized the execution and acceptance of this Agreement. ii. The individual executing this Agreement on Subgrantee’s/Subrecipient’s behalf has the authority to legally execute this Agreement and bind the Subgrantee/Subrecipient to its terms. PA Funding Agreement FEMA-4280-DR-FL page 17 of 22 iii. With respect to any Subgrantee/Subrecipient other than a State agency or political subdivision of the State, which receives funds under this Ag ree- ment from the federal government, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered trans- actions by any federal department or agency; 2. have not within the five-year period preceding entering into this Agreement had one or more public transactions (federal, State, or local) terminated for cause or default; and 3. have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under public transaction, or b) violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or de- struction of records, making false statements, or receiving stolen property. b. The Subgrantee/Subrecipient certifies that to the best of its knowledge and belief: i. No federal appropriated funds have been or will be paid, by or on behalf of the Subgrantee/Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooper- ative agreement. 1. Subgrantee/Subrecipient understands that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Subgrantee/Subrecipient must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ii. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required by 41 U.S.C. § 10a, unless it would not be in the public interest or unreasonable in cost. c. The Subgrantee/Subrecipient understands and agrees that the language of this certification must be included in the award documents for all sub awards at all tiers PA Funding Agreement FEMA-4280-DR-FL page 18 of 22 (including subcontracts, sub grants, contracts under grants, loans, and cooperative agreements) and that all Subgrantees/Subrecipients must certify and disclose accordingly. The Subgrantee/Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. i. Subgrantee/Subrecipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,00000 and not more than $100,00000 for each such failure. d. Where the Subgrantee/Subrecipient is unable to certify to any of the statements in this certification, the Subgrantee/Subrecipient understands it must submit to the Grantee/Recipient (by email or facsimile) the completed “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion” for each prospective subcontractor which the Subgrantee/Subrecipient intends to fund under this Agreement. (See Attachment “C”.) Such form must be received by the Grantee/ Recipient prior to the Subgrantee/Subrecipient entering into a contract with any prospective subcontractor. 21) TERM. a. This Agreement takes effect upon its execution by the last of the signatories and terminates upon approval of account closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. i. Notwithstanding the above, this Agreement survives account closeout for the purposes of State or federal audit purposes. b. The Subgrantee/Subrecipient agrees to commence work on the project(s) specified by this Agreement without delay. 22) DEFAULT, REMEDIES, AND TERMINATION. a. Upon the occurrence of any one or more of the following events the Grantee/ Recipient may, at its option, terminate this Agreement and any funding under this Agreement, and all obligations of the Grantee/Recipient to disburse further funds under this Agreement terminate at the option of the Grantee/Recipient: i. The determination that any representation by the Subgrantee/ Subrecipient in this Agreement is inaccurate or incomplete in any material respect, or that the Subgrantee/Subrecipient has breached any condition of this Agreement and has not cured such breach in a timely fashion, or that the Subgrantee/Subrecipient is unable or unwilling to meet its obligations under this Agreement; ii. the Subgrantee/Subrecipient suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to the Grantee/Recipient, if Subgrantee/Subrecipient has not cured the condition within thirty (30) days after notice in writing from the Grantee/Recipient; PA Funding Agreement FEMA-4280-DR-FL page 19 of 22 iii. any reports required by this Agreement have not been submitted to the Grantee/Recipient or have been submitted with inaccurate, incomplete, or inadequate information; or iv. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Florida Department of Financial Services, Congress, or Office of Management and Budget. b. Notwithstanding the preceding, the Grantee/Recipient may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. c. Upon the occurrence of any one or more of the foregoing events, the Grantee/Recipient may at its option give notice in writing to the Subgrantee/ Subrecipient to cure its failure of performance if such failure can be cured. Upon the failure of the Subgrantee/Subrecipient to cure, the Grantee/ Recipient may exercise any one or more of the following remedies: i. terminate this Agreement upon not less than fifteen (15) days’ notice of such termination after delivery by certified letter to the Subgrantee/ Subrecipient at the address specified in Attachment “D” of this Agreement; ii. commence an action in law or in equity for the judicial enforcement of this Agreement; iii. withhold the disbursement of any payment or any portion of a payment otherwise due and payable to the Subgrantee/Subrecipient pursuant this Agreement; and iv. take any other actions that may otherwise be available in law or in equity. d. Upon the rescission, suspension or termination of this Agreement, the Subgrantee/ Subrecipient must refund to the Grantee/Recipient all funds disbursed to the Subgrantee/Subrecipient under this Agreement. e. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by the Grantee/Recipient does not relieve the Subgrantee/Subrecipient of liability to the Grantee/Recipient for the restitution of funds advanced to Subgrantee/Subrecipient under this Agreement, and the Grantee/ Recipient may set off any such funds by withholding future disbursements otherwise payable to the Subgrantee/Subrecipient under this Agreement until such time as the exact amount of restitution due the Grantee/Recipient from the Subgrantee/Subrecipient is determined. In the event that FEMA should de-obligate funds formerly allowed under this Agreement, the Subgrantee/Subrecipient must immediately repay such funds to the Grantee/Recipient. Any de-obligation of funds or other determination by FEMA must be addressed in accordance with the regulations of that Agency. f. If the Subgrantee/Subrecipient violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee/Recipient must withhold any disbursement otherwise due the Subgrantee/Subrecipient for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the PA Funding Agreement FEMA-4280-DR-FL page 20 of 22 violation is not cured, the Grantee/Recipient may terminate this Agreement and invoke its remedies under the Agreement as per this section. i. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee/Subrecipient in this Agreement, in any subsequent submission or response to the Grantee/Recipient request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes will, at the option of the Grantee/Recipient and with fifteen (15) days written notice to the Subgrantee/Subrecipient, cause the termination of this Agreement and the release of the Grantee/Recipient from all its obligations to the Subgrantee/ Subrecipient. 23) ATTACHMENTS. a. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. b. In the event of inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments are controlling, but only to the extent of such inconsistencies. c. All grant administrative and electronic forms not attached to this Agreement will be provided by the Grantee/Recipient as necessary or posted on the Grantee’s/ Recipient’s website at www.FloridaPA.org. 24) HEADINGS. a. Headings used in this Agreement are provided for the convenience of the parties only and cannot be used to construe meaning or intent. 25) GOVERNING LAW. a. This contract is governed by, and must be construed in accordance with, the laws of the State of Florida, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, are likewise governed by the laws of Florida. b. Except as may be otherwise provided for by statute, any action or proceeding, whether brought by the Grantee/Recipient or the Subgrantee/Subrecipient, relat- ing to or arising out of this contract must be brought in Leon County, Florida and venue will lie therein. 26) ATTORNEY FEES. a. Except as may be otherwise provided for by statute, in any action arising out of this Agreement each party shall bear its own attorney’s fees and costs. PA Funding Agreement FEMA-4280-DR-FL page 21 of 22 27) PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES. a. Should the Subgrantee/Subrecipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement cover- ing specific aspects of the Alternative Procedures Package is required of the Subgrantee/Subrecipient prior to the payment of such funds by the State as the Grantee/Recipient. b. Payments processed under the Alternative Procedures provisions will be re- quested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90%) of previously advanced funds must be accounted for prior to receiving a second advance. 28) DESIGNATION OF AGENT. a. The Subgrantee/Subrecipient must complete Attachment “D” by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Subgrantee/ Subrecipient. b. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. c. In the event the Subgrantee/Subrecipient contacts have not been updated regularly and all three (3) Agents have separated from the Subgrantee’s/ Subrecipient’s agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. 29) NOTICE AND CONTACT. a. All notices required to be made to the Grantee/Recipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Grantee/Recipient at the following addresses: Evan Rosenberg, Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Email: evan.rosenberg@em.myflorida.com. b. All notices required to be made to the Subgrantee/Subrecipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Subgrantee/Subrecipient at the address indicated in Attachment “D” which the Subgrantee/Subrecipient must complete and submit with this Agreement. 30) FEDERALLY FUNDED SUBAWARD a. This Agreement and the Project Worksheet (FEMA Form 90-91) combine to form a Federally Funded Subaward and Grant Agreement. PA Funding Agreement FEMA-4280-DR-FL page 22 of 22 b. The parties agree that the Federally Funded Subaward and Grant Agreement formed as described above should comply with the requirements of Section 215.971, Florida Statutes. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT HURRICANE HERMINE DISASTER DECLARATION (FEMA-4280-DR-FL) Federally Funded Public Assistance State Agreement IN WITNESS WHEREOF, the Grantee/Recipient and the Subgrantee/Subrecipient have executed this Agreement: FOR THE GRANTEE/RECIPIENT: DIVISION OF EMERGENCY MANAGEMENT ___________________________________________________________________ Governor’s Authorized Representative Date FOR THE SUBGRANTEE/SUBRECIPIENT: ___________________________________________________________________ Printed Name and Title ___________________________________________________________________ Signature Date DUNS Number: . Federal Employer Identification Number (FEIN): . or State Agency FLAIR Number: . CFDA Number: 97.036 . Federal Fund Number 20 2 750001 . State Fund Number 20 2 339047 . Attachments: A) Statement of Assurances B) Example of Public Assistance Quarterly Report C) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion D) Designation of Authority with Instructions E) DHS OIG Audit Issues & Acknowledgement F) Justification for Advance Payment Attachment “A” page 1 of 5 Statement of Assurances 1) The Subgrantee/Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A-122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee/Subrecipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subgrantee’s/Subrecipient’s governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee/Subrecipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Subgrantee/Subrecipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications, and will furnish progress reports and such other infor- mation as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Attachment “A” page 2 of 5 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. create and make available documentation sufficient to demonstrate that the Subgrantee/Subrecipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Subgrantee's/Subrecipient’s jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Pro- tection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Subgrantee/ Subrecipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Subgrantee/Subrecipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. Attachment “A” page 3 of 5 l. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Subgrantee/Subrecipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour’s provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for "kick-backs" of wages in federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state’s insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. Attachment “A” page 4 of 5 k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Subgrantees/ Subrecipients and contractors. l. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Subgrantees/Subrecipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination u nder any program or activity for which the Subgrantee/Subrecipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Subgrantee/Subrecipient, this assurance shall obligate the Subgrantee/Subrecipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; Attachment “A” page 5 of 5 v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimburse- ments, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Subgrantee/Subrecipient by FEMA. The Subgrantee/Subrecipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Subgrantee/Subrecipient, its successors, transferees, and assignees FOR THE SUBGRANTEE/SUBRECIPIENT: ___________________________________________________________________ Signature ___________________________________________________________________ Printed Name and Title Date Attachment “B” Public Assistance Quarterly Report Available for Each Subgrantee/Subrecipient on www.FloridaPA.org Attachment “C” Certification Regarding Debarment, Suspension, Ineligibility , and Voluntary Exclusion Subcontractor Covered Transactions: The prospective subcontractor of the Subgrantee/Subrecipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (Where the Subgrantee’s/Subrecipient’s subcontractor is unable to certify to the above statement, the prospective subcontractor must attach an explanation to this form.) SUBCONTRACTOR: ______________________________________________ Name of Company ______________________________________________ Street Address ______________________________________________ ______________________________________________ City, State, Zip ______________________________________________ Federal Employer Identification Number (FEIN) By: ___________________________________________ Signature Date ______________________________________________ Printed Name ______________________________________________ Subgrantee’s/Subrecipient’s Name Attachment “D” page 1 of 2 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Agent’s Name Official’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other-Risk Mgmt-Insurance (Full Access) Box 6: Other-Environmental-Historical (Full Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub- grantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. ____________________________________________________________________________ Sub-Grantee Authorized Agent Signature ____________________________________________________________________________ Date Attachment “D” page 2 of 2 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent’s Name Official’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee’s Fiscal Year (FY) Start: Month: Day: Sub-Grantee’s Federal Employer's Identification Number (EIN) - Sub-Grantee’s Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee’s: FIPS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be n eeded if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV. 10-04-16 DISCARD PREVIOUS VERSIONS Attachment “D” Instructions The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Subgrantee’s/Subrecipient’s Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachme nt “D” to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60-day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: “Authorized Agent” – This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access/authority unless otherwise requested). Block 2: “Primary Agent” – This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: “Alternate Agent” – This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: “Other” (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historical). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 – 12: “Other” (Read Only Access) – There is no limit on “Other” contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the “Other Read-Only” designation cannot take any action in FloridaPA.org. DHS OIG AUDIT ISSUES & ACKNOWLEDGEMENT Attachment “E” The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Subgrantees/Subrecipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women’s owned firms were all given fair consideration. 4. Improper "cost-plus-a-percentage-of-cost" contracting practices. The following information comes directly from DHS’s OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de- obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants:  Designate one person to coordinate the accumulation of records.  Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project.  Ensure that the final claim for each project is supported by amounts recorded in the accounting system.  Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved.  Research insurance coverage and seek reimbursement for the maximum amount. Credit t he appropriate FEMA project with that amount.  Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded.  Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records.  Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the “Scope of Work.” I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. FOR ____________________________________________ BY _____________________________________________ Subgrantee/Subrecipient Signature ____________________________________________ _____________________________________________ Date Printed Name and Title Attachment “F” JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20___-20___ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first nine ty (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within t he first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ [ ] ADVANCE REQUESTED Advance payment of $ ____________________________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: HDA2013-08007 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Provide direction on the termination of the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, which provided for the allocation of up to 69 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 16, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08007) SUMMARY: On December 4, 2013, a Development Agreement was made effective between the property owner and the City of Clearwater which provided 69 units from the Hotel Density Reserve (HDA2013-08007/Resolution 13-31). Section 6.1.3.2 of the Agreement provides that the Developer shall obtain appropriate site plan approvals pursuant to a Level One or Level Two development application, within three years from the effective date of this Agreement (Commencement Date) (December 4, 2016) in accordance with the provisions of the Code. Finally, Section 10.1 of the Agreement provides that 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. As of December 4, 2016, site plans have not been submitted to the City for review, let alone approved as required, above. Therefore, the terms of the Development Agreement have not been met by the Developer. Pursuant to Section 13 of the Agreement notices have been provided to: 1.Ted and Maria Lenart, Trustees of the Lenart Family Trust, u/ t/d/ December 20, 1991 8556 W. Winnemac, Noridge Chicago, IL 60656 2.Katherine E. Cole, Esq. Hill Ward Henderson 311 Park Place, Suite 240 Clearwater, FL 33759 Page 1 City of Clearwater Printed on 2/24/2017 File Number: HDA2013-08007 Page 2 City of Clearwater Printed on 2/24/2017 Resolution No. 17-07 RESOLUTION NO. 17-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A TERMINATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND TED LENART AND MARIA LENART, TRUSTEES OF THE LENART FAMILY TRUST, UTD DECEMBER 20, 1991; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the City) entered into a Development Agreement with Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the Property Owner), for the allocation of up to 69 units from the Hotel Density Reserve, under Beach by Design that was adopted by the City Council on November 20, 2013, via Resolution No. 13-31; WHEREAS, the City desires to terminate said Development Agreement as there has been a failure to comply with the terms of the Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and the Property Owner (HDA2013-08007), a copy of which is attached as Exhibit “A,” is hereby terminated. Section 2. Authorize the City Council and all appropriate officials to execute the Termination of the Development Agreement, a copy of which is attached as Exhibit “B.” Section 3. This resolution shall take effect immediately upon adoption. Section 4. The City Clerk is directed to submit a recorded copy of the record of the Termination of Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk [GM13-1420-133/197670/1] EXHIBIT B TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT (the "Termination"), between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the “Property Owner”) and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof (the "City") is dated the _______ day of _______________, 201__. RECITALS: WHEREAS, the City of Clearwater entered into a Development Agreement (the “Agreement”) with The Property Owner, for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design that was adopted by the City Council on November 20, 2013, via Resolution No. 13-31; and WHEREAS, the Agreement provided for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design to the Property Owner’s Property at 625 South Gulfview Boulevard, Clearwater, FL 33767 (the “Property”); and WHEREAS, a condition of approval for the allocation of up to 69 units from the Hotel Density Reserve under section 6.1.3.2 of the Agreement provides that the Developer shall obtain appropriate site plan approval, pursuant to a Level One or Level Two development application, within three (3) years from the effective date of the Agreement (the "Deadline"); and WHEREAS, as of the Deadline, December 4, 2016, site plans have not been submitted to the City for review nor have any plans been approved in accordance with the Agreement; and WHEREAS, pursuant to Section 10.1 of the Agreement, failure to timely fulfill obligations may serve as a basis for termination of the Agreement by the City, at the discretion of the City and after notice to the Property Owner and an opportunity for the Property Owner to be heard; and WHEREAS, the City has determined that, as of the date of th e Deadline, the required time frame for site plan approval has lapsed; and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes section 163.3225, Community Development Code sections 4- 206 and 4-606, and any other applicable law; and WHEREAS, the City wishes to terminate the Agreement, as the Property Owner has not complied with its terms; and [GM13-1420-133/197670/1] WHEREAS, at a duly noticed and convened public meeting on ______________________, 201__, the City Council thereby passed Resolution 17-07 consenting to the termination and release of the Development Agreement; and WHEREAS, termination 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 NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein b y this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereb y acknowledged, the Cit y terminates the A greement and hereb y releases the Propert y from all terms, conditions, agreements, grant of rights, and covenants contained in the Agreement, including, without limitation, the allocation of up to 69 units from the Hotel Density Reserve. The Cit y hereb y affirms that: (a) no provision, term, covenant or condition in said Agreement remains in effect as of the date hereof; and (b) the Property retains no right, title or interest of an y kind or nature in said Hotel Density Reserve units. THIS TERMINATION has been executed as of the above-written date b y the Cit y. [GM13-1420-133/197670/1] 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 _______________, 201__, 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 [GM13-1420-133/197670/1] Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, 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 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: ID#17-3258 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Deny a 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 reject Resolution 17-01. (HDA2016-09001) SUMMARY: Development Proposal: No changes have been made to the Development Proposal presented at the February 16, 2017 Council meeting. The owners propose to utilize the 17 hotel units otherwise permitted by the Resort Facilities High Future Land Use classification and incorporate an additional 10 units from the Hotel Density Reserve through Beach by Design resulting in a total of 27 units (78 units per acre). Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the February 16, 2017 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the February 16, 2017 Council meeting. The Conceptual Site Plan continues to be inconsistent with the Beach by Design because the criterion which requires the provision of a typical lobby arrangement is not met. 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 Page 1 City of Clearwater Printed on 2/24/2017 File Number: ID#17-3258 for a hotel would be operated”. 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 would 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. However, staff recommends denial of the proposed Development Agreement because the proposal is in violation of Section V.B.2 of Beach by Design as noted above. Page 2 City of Clearwater Printed on 2/24/2017 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 ESPLANADE CLEARWATER 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 ESPLANADE CLEARWATER 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 ESPLANADE CLEARWATER 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 727-736-5463 PALAZZO 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 avail able 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: ID#17-3211 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Appoint two members to the Community Development Board with terms to expire February 28, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Brian A. Barker MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 2 + Alt. SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE; ALSO THE CURRENT ALTERNATE MEMBER WISHES TO BE APPOINTED AS A REGULAR MEMBER: 1. David E. Allbritton - 217 Palm Island N.W., 33767 - Building Contractor Original Appointment: 10/15/14 (1 absence in the last year) Interested in Reappointment: Yes (filling unexpired term until 2/28/17) 2. Brian A. Barker - 1430 Rosetree Court, 33764 - Civil Engineer Original Appointment: 2/19/09 (currently serving 2nd term to expire 2/28/17) Page 1 City of Clearwater Printed on 2/24/2017 File Number: ID#17-3211 3. John Quattrocki - 1353 Stewart Blvd., 33764 - Real Estate Broker/Developer Original Appointment: 9/3/15 (0 absences in the last year) Note - Mr. Quattrocki was appointed as the alternate member to finish an unexpired term through 4/30/18 and expressed an interest to serve as a regular member. If Mr. Quattrocki is appointed as a regular member, an appointment for an alternate member, with term expiring 4/30/18, will be needed. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES OR TO BE THE ALTERNATE MEMBER: 1. Robert J. Aude - 1719 Brentwood Dr., 33756 - Architect **Mr. Aude does not wish to be considered as the Alternate member** 2. Sheila Cole - 670 Island Way, #600, 33767 - Marketing & Graphics Yes to Alt. member seat 3. Charles Reed Haydon - 105 Bayside Drive, 33762 - Civil Engineer, Professional **Mr. Haydon prefers to be considered as a full member, but he’s willing to start as the alternate member** 4. David L. Jaye - 2856 Shady Oak Ct., 33761 - Real Estate (Currently serving on the Brownfields) Yes to Alt. member seat 5. David Loyd - 1710 Brentwood Dr., 33765 - Dir. of Business Development **Mr. Loyd prefers to be considered as a full member, but he’s willing to start as the alternate member** 6. Arthur Shand - 2105 Drew Street #200, 33765 - Realtor, Construction Consultant, Designer (pending) Yes to Alt. member seat 7. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist Yes to Alt. member seat Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33763, 2 at 33764 and 3 at 33767 Current Categories: 2 Attorneys 2 Civil Engineers 1 Building Contractor 1 Landscape Architect 2 Real Estate Brokers Page 2 City of Clearwater Printed on 2/24/2017 File Number: ID#17-3211 Page 3 City of Clearwater Printed on 2/24/2017 k 5T 00s1 t1Rs rit-czr Additional Comments: Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Addr Z 1c 4• I 1 txi L- zip 33-7 67 Telephone:-123 (5 1 - 51 Cell Phone: I I Office Address: To 3 (r ij1 - Sr' GLE -Li I, , zip 3375 Telephone: `4 B j 51 OZ E -mail Address:CG thi k-4- 19'So a i1L1 How long a resident of Clearwater? L4 / ` Occupation: J3) i iiX 1 (-1 ( "i P .. Employer: 1)00 /lulu/1764 Bou3n1G, IZ J Field of Education: Other Work Experience: 1r3 10L O6y — CiDct Fb£ C S,itx r) - t--( y es If retired, former occupation: Community Activities:l__LS t,J&r?L (4i si 2tcA -L $t t I 'a) oet Cc n2 s S tv,c s . J (J2t 5P>%r T23/t) c Other Interests: 1/M91-WS tM I1 &AL. ; lCLt q-rl -t'c it J 1449 • cof ti , fit, R,2, . J Pam• cGeigiveGAS terFat- O ru)N r u Etie,c3 - r Board Service (current and past): CS) . rN re, 2dem) ( NA-4V n.00 - 11210) OEVE.Loavtqw r ( Board Preference: Signature: Date: z-1 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed with the city clerk affirming residency within city limits SEP 12 2014 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? U 9-1C-s3 g e_dv APPtdLe_ti- t-01 as t a-n.. D cD i gbh . a. i f 1.1.. G[ A) I ( i r-j c-Oco ErDP ,‘) -r— C0 cblc ple,avy 615% Q C)6-c.( c.t / ') T 0_f rq . 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 44 6 E SerA fLt css 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? 1 1 1'r% G r J (o P&p cic.,SS . Name: C 11(7 t-17.Lr>Pi Board Name: O&M rv 0 10 t Lp M 1J w dtriV9 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: John Quattrocki Home Address: 1353 Stewart Blvd Zip 34684 Telephone: 727- 524 -9171 Cell Phone: 727- 460 -2201 How long a resident of Clearwater? 38 years Office Address: 31640 U.S. Hwy 19 North Zip 34684 Telephone: 727 - 784 -1007 E -mail Address:lq @boardwalkcompany.com Occupation: Real Estate Broker /Developer Field of Education: Business Administration Employer: The Boardwalk Company Other Work Experience: Commercial real estate, brokerage, Licensed Florida Real Estate Broker development, consulting, investments If retired, former occupation: n/a Community Activities: Board of Directors - Homeowner's Association Clearwater Chargers Youth Soccer Coach Other Interests: Board Service (current and past): Board Preference: Pinellas County Permitting Advisory Committe Member Community Development Board - Alternate Additional Comments: Signat Date: 7- /S7070/5 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 16 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Monthly review board centering on planning & development issues within the City boundaries, including public hearings on matters outside of city staff authority, land use and /or rezoning requests. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have attended in person and also viewed on -line through the City's web page. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? My family has been a resident in the City for 38 years and I have been involved in the fields of real estate permitting, development, management, brokerage and consulting for more than 32 years. I have served on the past Pin County Permitting Advisory Committee (PAC) tasked with reviewing and making recommendations on the entire Comp Plan. 4. Why do you want to serve on this Board? I believe I can use my years of experience on planning and development issues in the private sector to assist the staff and Council in decision making and policy reviews. Name: John Quattrocki Board Name: Community Development Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Robert J. Aude Home Address: 1719 Brentwood Dr Clearwater, FL Telephone: 727-446 -3628 Cell Phone: 727- 421 -7324 Zip 33756 How long a resident of Clearwater? 42 years Occupation: Architect Field of Education: Architecture /Engineering Office Address: 748 Broadway, Suite 202 Dunedin, FL Zip 34689 Telephone: 727'5354585 Email Address: raude @audesmith.com If retired, former occupation: NIA Employer: Aude -Smith Architecture, Inc. AIA Other Work Experience: In private practice architectural firms since 1970 Community Activities: Clearwater Sister City Program - 1980`s Other Interests: Board Service (current and past): Board of Adjustment on Signs Municipal Code Enforcement Board Clearwater Housing Authority Board Preference: Community Development Board Additional Comments: Signature: Date: August 10, 2015 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards reauirina Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limit AUG 10 2015 O Fi'CI,, m-CORDS ANDLEG1SLA1vtSRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Community Development Board acts upon sufficiency of proposed development within the City. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, appeared before CDB, observed cases in person. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Experience in planning, development, and architecture for 39 years. 4. Why do you want to serve on this Board? Served on Boards within Clearwater since late 1970's. Have a sincere interest in community service. Name: Robert J. Aude Board Name: Community Development CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Sheila M. Cole Home Address: 670 Island Way #600 Zip Telephone: 727.441.1319 Cell Phone: 727.744.0151 How long a resident of Clearwater? 24 years Office Address: n/a Zip Telephone: E -mail Address: shemail @tampabay.rr.com Occupation: retired Field of Education: Art, Journalism, Behavioral Modification, etc. If retired, former occupation: Exec. Dir. C of C., Employer: n/a Other Work Experience: C of C, Hospice,Newspaper columnist. Marketing & Graphic Design, tri state Weight Loss Director Community Activities: Past Pres: Civic Assoc. & CHOA; City Event Volunteer, t Fallties Other Interests: Art, Boating,lnterior Design. Board Service (current and past): Beautification Board, Trolley Brd.,MCEB Board Preference: CDB Additional Comments: Date: c, 1O/- See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To hold hearings to consider what conditional uses and zoning changes to existing code requirements should be permitted for a positive effect on the continued development of Clearwater and to protect all areas, business and residential from negative impacts. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, several times. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Beach Walk Planning committees, The Clearwater Arts Foundation, City Development Planning meetings, working with City Staff on Traffic Advisory Com., and Code Revision participation, as well as many years volunteering with the MCEB. 4. Why do you want to serve on this Board? While not an Architect, a Contractor or an Attorney, I have a great awareness of the impact of this Board and I am a strong proponent of long range planning to maintain Clearwater's continued growth & quality of life. Name: Sheila Cole Board Name: CDB CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: C. Reed Haydon Home Address: 105 Bayside Drive Office Address: 5795 Ulmerton Rd, Suite 200 Zip 33762 Zip 33762 Telephone: Telephone: 727 -446 -3444 Cell Phone: 727-465 -8352 Email Address: reedhaydon @gmail.com How long a resident of Clearwater? My whole life, 43 years Occupation: Civil Engineer, Professional Field of Education: Civil Engineering Employer: Self Other Work Experience: Real Estate Development If retired, former occupation: Community Activities: Kickball, Church of Ascension, Clearwater Beach Association Other Interests: Water Sports, Outdoor Recreation, Travelling Board Service (current and past): Board Preference: 1. Community Development Additional Comments: Clearwater has grown so much in the last decade, and I'd to be a part of shaping it into a re beautiful, vibrant and communal city. Signature: Date: 1/ I / I See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency wittRL€EKD JAN 18 2011 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is involved in planning and development matters. The board will oversee public hearings surrounding development applications, and listen to the community's residents about their concerns with zoning and development matters along with ways in which the community can be improved. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? As a site civil engineer I have prepared the entitlement applications and construction documents for many clients in many different jurisdictions. I am well versed in the process of land development and I've spent the vast bulk of my career in plans permitting. I have in the last two years ventured into land development myself, and I now have a better understanding of a developer's perspective. 4. Why do you want to serve on this Board? First and foremost, I care about Clearwater and I want to see it grow and evolve in a well planned and sustainable manner. This is my home town. I was born at Morton Plant Hospital. I want our city embrace growth, but while having a respect for the past and the environment that makes this place so special. Name: C. Reed Haydon, P.E. Board Name: Community Development CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: David Lawrence Jaye Home Address: Office Address: 2856 Shady Oak Court - Clearwater, FI. 33761 P.O. Box 61 - Safety Harbor, FI. Zip 34695 Zip 34695 Telephone: 727- 791 -7878 Telephone: 727 - 723 -7878 Cell Phone: 727- 644 -6822 Email Address: davidandkathleen @aol.com How long a resident of Clearwater? 49 Years Occupation: Real Estate Employer: Self & United Airlines, Inc. Field of Education: Management and Organizational Leadership Other Work Experience: International Relations Real Estate Purser - Pan American World Airways & United Airlines If retired, former occupation: Community Activities: East Gateway - Clearwater Revitalization (Real Estate), Countryside Country Club Brownfield Redevelopment Investment, Other Interests: Golf, Travel, Investing Board Service (current and past): Board Preference: Brownfield Economic Development Advisory Board Community Development Board Countryside Country Club Dolphins Board Member Additional Comments: Active Realtor, Landlord, Business Owner, Resident Signature: David L Jaye Digitally signed by David L Jaye Date: 2016.01.13 13:23:39 - 05'00' Date: January 13, 2016 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits dry® Valid current Florida Drivers' License issued to an address within city limits 1 Declaration of Domicile filed with the city clerk affirming residency within city limits JAN 1v.. OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To help the City of Clearwater and developers / investors / builders reach decisions for development of the City of Clearwater. Duties include to approve or dsapprove development agenda items that don't conform to current guidelines by finding ways to make the process work for all parties. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, and I have participated in numerous development projects for both the City of Clearwater and with Pinellas County, both personally and professionally. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Worked closely with the CDB on building several businesses in Clearwater. Serve on Economic Development Advisory Board for the Brownfields. Currently own 10 properties in the Greater Clearwater area. Extensive familiarity with the City's Development Code. Strong, Solid working relationship with many departments within the City. Business and real estate owner. 4. Why do you want to serve on this Board? I want to serve on the Community Development Board to help Clearwater become a world class city that is a highly desirable place to love, play and work. Clearwater, FI. is a mixture of New and Old and requires someone with the ability to think outside the box to make development decisions. Name: David Jaye Board Name: Community Development Board. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: David Loyd Home Address: Office Address: 1710 Brentwood Dr, Clearwater, Florida 1955 Carroll Street, Clearwater, Florida Zip 33765 Zip 33765 Telephone: 727- 637 -6618 Telephone: 727 - 441 -2137 Cell Phone: 727-638 -8274 Email Address: david@ctstow.com How long a resident of Clearwater? 10 years (Born in St. Petersburg) Occupation: Director of Business Development Employer: CTS Towing & Transport Field of Education: Other Work Experience: Sales, Marketing, Finance Bank of America, H &R Block Mortgage, Relationship Management, Consulting Sterling Payment Technologies, Project Analyst If retired, former occupation: N/A Community Activities: Clearwater Regional Chamber of Commerce Government Affairs Committee, Surfrider Foundation, Suncoast Waterkeeper, Clearwater Chargers Youth Soccer Coach Other Interests: Family & Fun, Paddleboarding, Mountain Biking, enjoying our beaches and waterways. Board Service (current and past): Board Preference: Co -Chair Government Affairs Committee Community Development Board CRCC Board Member, Citizen's Academy Graduate Clearwater Charter Review Committee Additional Comments: I have been very involved with Clearwater over the last four years with Charter Review, Imagine Clearwater, North Marina Plan, Crest Lake Park plan as well as downtown developments. Signature: David M. Loyd Digitally signed by David M. Loyd Date: 2017.01.23 14:28:26 - 0500' Date: 1/23/2017 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: RECEIVEDCurrentvoterregistrationwithincitylimitsIGCC Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city t26 2011 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To act as the local planning agency of the city. To review and decide appeals from Level One Approvals. To review and decide applications for Level Two approvals. To review and make recommendations to the City Commission in regard to applications for Level Three approvals. Impose conditions necessary to carry out the purpose of the Development code. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes. I have observed board meetings in person and on C -view. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have a diverse background in sales, marketing and consulting. I have communicated, organized and managed relationships with subject matter experts to analyze demographics for market trend forecasting and projections. As a result of consulting and project analysis on many proposals, I have learned to objectively review all documentation with the intention of making informed decisions within a group or committee. 4. Why do you want to serve on this Board? To gain a better understanding of the City of Clearwater's approval process for the Development Code for new development proposals. The only way to make a difference is to be more actively involved within the community while assisting in important decisions which can only enhance the integrity and performance of our City. Name: David M. Loyd Board Name: Community Development Board David M. Loyd 1710 Brentwood Drive • Clearwater, Florida 33756 • (727) 637 -6618 OBJECTIVE: To secure a challenging position with an organization where the opportunity for advancement and compensation is based on personal performance. QUALIFICATIONS: Highly motivated professional with strong communication and presentation skills Proven success in customer service and interpersonal skills while managing relationships which interact with teams, executives or managers to close solution based sales. Determined, enthusiastic, self - starter who excels independently or as a team player Goal oriented with excellent prospecting, critical thinking and organizational skills EXPERIENCE: CTS Towing & Transport Director of Business Development 2013 — Current Director of Communications Build and sustain corporate reputation for quality, reliability and customer satisfaction Set and guide the strategy for all communications, website and public relations messages Develop branding initiatives, internal communications and external media relations Build and manage external relationships with the organization's constituencies Generate new business and maintain client satisfaction through strategic relationship management Conduct financial, market and process improvement options for increased efficiencies Verizon Wireless Sales Representative 2010 — 2012 Meet and exceed monthly sales and retention objectives Qualify and close prospective customers, and recommend appropriate wireless solutions Maintain and grow existing customer base and manage turnover Remain current on all wireless products and services, industry and competitive trends Sterling Payment Technologies Key Account Representative 2008 — 2009 Generated new business and maintained client relations through precise communication Conducted financial, market and process improvement options for increased efficiencies Responsible for generating and maintaining dealer based referral relationships Exceeded expectations by cultivating referral partnership programs beneficial to all parties Mortgage Loan Originator Senior Consultant 2001— 2008 Implemented excellent customer service combined with strategic relationship management skills to create a builder /developer relationship worth over $8 million dollars. Evaluated the impact and cost savings presented by process improvement opportunities Implemented strategies and systems which reduced underwriting times by over forty percent Worked for: The Loan Corporation, H &R Block Mortgage, Bank of America, Countrywide Home Loans Independent Sales Contractor Sales consultant /Project Analyst 1993 — 2001 Extensive experience in generating investment capital for various venture capital projects Consistently performed above quota requirements by utilizing trusted referral relationships Responsibilities included marketing financial products, cultivating and maintaining client relations Communicated, organized and managed relationships with subject matter experts to analyze demographics for market trend forecasting with projections EDUCATION: Hillsborough Community College Associate Degree in Liberal Arts Microsoft Office tools namely Access, Excel, Outlook, PowerPoint and Word COMMUNITY SERVICE: Clearwater Citizen's Academy Graduate Class of 2016 City of Clearwater Charter Review Committee 2015 Clearwater Regional Chamber of Commerce, Board of Directors Clearwater Regional Chamber of Commerce, Government Affairs Committee Co -Chair Clearwater Regional Chamber of Commerce, Transportation Committee Chairman 2016 Clearwater Regional Chamber of Commerce, Economic Development Committee Clearwater Regional Chamber of Commerce, Clearwater Young Professionals Mentor Central Pinellas Chamber of Commerce, Economic Development Committee References provided upon request. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Arthur Shand Home Address: Office Address: 2105 Drew Street #200 Clearwater, Florida 2105 Drew Street #100 Clearwater, Florida Zip 33765 Zip 33765 Telephone: 727- 434 -3007 Telephone: 727 - 434 -3007 Cell Phone: 727 - 434 -3007 Email Address: art.synergetics @gmail.com How long a resident of Clearwater? Approximately 20 years in Clw. 35 years in Pinellas,County Occupation: Realtor, Construction Consultant, Designer, Business Man Employer: Self (multiple companies) + Synergetics Brokerage Group Field of Education: Bachelors Degree, College of Architecture & Design, Kansas State Univ Other Work Experience: Architecture, Former Principal Aude, Shand & Williams Inc AIA Interior Architecture, Real Estate and Land Development Current Construction Forensics Consultants Inc. President & CEO If retired, former occupation: COmmurllty Activities Former Chairman of the Bd; Largo, Mid - Pinellas Chamber, Economic Development Committee, Past President, Planning Chair 3 years) Leadership Pinellas, YMCA of the Suncoast Board Member 10yrs & Chairman of Building /Grounds + Construction over -site. Other Interests: Golf, Tennis, Florida Tourism, Boating & Fishing Board Service (current and past): Former Chair; Clearwater Beach Design Guidelines Dev Committee Former Member, Clw Downtown Design Guidelines Steering Committee 03 -04 Former Member Clw. Bd. of Adj for Bldg and Flood 2004 -12 (8 years) Board Preference: CDB - Community Development Board Additional Comments: Thank you for any consideration of my abilities to serve the citizens of Clearwater on the CDB Ar Digitally signed by Arthur Shand Signature: t lthur JShand Date: 2017.01.1715:47:10 -0500' Date: 1-17-2017 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within cit DCEIVED JAN 182011 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Perform multiple Board Member duties which incl. but are not limited to; Serve in city pin'g agency capacity in attending hearings, and assisting fellow board members w /making decisions on development requests which may reside beyond the discretionary powers of City Staff. Conduct design review for requests for land use changes /rezonings, evaluate historics applications and advise Council relative to the Cities Comp Plan 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, to both questions for many years. I have represented (for clients) many cases to this advisory board in the past, as well. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I began work in this city in 1983 and have owned or been partners in businesses here since 1988. I carry two professional licenses in the State with DBR. from the Div of Real Estate and the Board of Arch & Int Design. I have been involved in design, construction and land development for more than 35 years and have been a community servant in many capacities for nearly that time span. I have 20 + years of exp serving on the committees and bds of many agencies. 4. Why do you want to serve on this Board? Having been a resident, business and property owner actively engaged as a community servant in Clw for years, and possessing significant experience and knowledge relative to design and land development, I feel it and honor and a privalage to offer my abilities now, for public service and benefit to my fellow Friends and neighbors of this great city, Clearwater. Name: Art Shand Board Name: Community Development Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Michelle Thomann - Ramirez Home Address: Office Address: 10 S. Keystone Dr Zip 33755 Zip 33755 Telephone: Telephone: Cell Phone: 727-507 -1207 E -mail Address: michelletramirez @gmail.com How long a resident of Clearwater? 1.5 yrs Occupation: Art Educator /Artist Field of Education: BFA M.ED Employer: Self Other Work Experience: Public schools as teacher, substitute and after school programs with at risk youth, adults with disabilities. Fine art instructor for private programs. If retired, former occupation: Community Activities: Sugar sands volunteer, Second chance for strays volunteer 101 graduate. Other Interests: arts and healing, community building through the arts, woman and girls at issues Board Service (current and past): Board Preference: Nuisance abatement Parks and Recreation Community development Additional Comments: Signature % ri Date: 7/11!15 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits JOL 13 ao(s LEr IS? ,s";. ! f . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The roles of a board member varies on what the community seeks. It is to give guidance and advice to businesses and Governments that is non- binding. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? live in the Skycrest Lake community, I have a Master's in Education so I understand that there are many different views culturally and environmentally we need to deal with in our communities. I have taught and substituted in the Clearwater school system. So the community is very important and I want to give back in a way that is different and supportive. I am an artist who would like to see more growth and cultural interest developed by the community and using cultural festivals and events are a way to grow this and that is a world I am very familiar with. I have lived in a variety of cities and communities to reflect on when I have input._ 4. Why do you want to serve on this Board? I love the area I live in and see myself here long term. I want to become part of something greater than myself and help where I can, by being a part of a board will also give me a better idea of how decisions are made and why. I want to serve my community._ Name: Michelle Thomann - Ramirez Board Name: Community Development Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3229 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Reappoint Barbara Blakely, Elizabeth Folk, Barbara Ann Murphey and Rosalie G. Murray to the Library Board with terms expiring February 28, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Paul F. Brown MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 4 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM: 1. Barbara Blakely - 31 Island Way #104, 33767 Original Appointment: 3/1/12 (1 absence in the last year) Interested in Reappointment: Yes (currently serving 1st term to expire 2/28/17) 2. Elizabeth Folk - 1979 Beckett Lake Dr., 33763 Original Appointment: 2/7/13 (0 absences in the last year) Interested in Reappointment: Yes (currently serving 1st term to expire 2/28/17) 3. Barbara Ann Murphey - 1304 Jeffords St., 33756 Original Appointment: 1/13/11 (0 absences in the last year) Interested in Reappointment: Yes (currently serving 1st term to expire 2/28/17) 4. Rosalie G. Murray - 1451 Stewart Blvd., 33764 Original Appointment: 2/5/09 (ending 2nd term 2/28/17) At this time there are no other nominees on file Page 1 City of Clearwater Printed on 2/24/2017 File Number: ID#17-3229 Zip codes of current members on board: 3 at 33756 1 at 33759 1 at 33763 1 at 33764 1 at 33767 Page 2 City of Clearwater Printed on 2/24/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Barbara Blakely Home Address: Office Address: 31 Island Way #104 Clearwater, FL 33767 Zip Zip 727 - 449 -8453 Telephone: Telephone: Cell Phone: 727 -643 -1331 Email Address: barbblakely@yahoo.com How long a resident of Clearwater? 11 years Occupation: Retired school teacher Employer: Holly Area Schools: Holly MI Field of Education: Other Work Experience: BS of ED Special Education MAT -Early Childhood Education If retired, former occupation: Teacher n. Activities: officer Usher for Ruth Eckerd Hall, Work at the polls for elections, member and former Community ,ivities: officer of the Island Estates Women's Club Other Interests: Reading, quilting, painting Board Service (current and past): Board Preference: Library Advisory Board 2012 -now Library Advisory Board Additional Comments: Signature: 4-4/1 L A(11.-.L' IA AI. A ate: January 24, 2017 See attached list for boards that require financia4 1disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: RECEIVEDCurrentvoterregistrationwithincitylimitsCVED Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city linied4 3 0 2017 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I believe the Library Board helps the Director of the Library System by advising on operations, expenses, activities and programing of the Clearwater library branches. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, I have been priviledged to be a member since my appointment in 2012. I am currently serving as the Vice - Chairman. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? My experience serving on the board as well as my long teaching career and interest in promoting literacy and community service would help qualify me to continue on this panel. 4. Why do you want to serve on this Board? I would like to continue to serve on this board because I would like to be a part of the group that promotes a vibrant library system which in turn helps support a high quality of life in our community. Name: Barbara Blakely Board Name: Library Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Elizabeth W. Folk Home Address: Office Address: 1979 Beckett Lake Dr, Clearwater FL 100 Fountain Pkwy, St Petersburg FL Zip 33716 Zip 33716 Telephone: Telephone: Cell Phone: 7274603367 Email Address: elizabeth .folk @franklintempleton.com How long a resident of Clearwater? 27 years Occupation: Business Analyst Employer: Franklin Templeton Investments Field of Education: BA History If retired, former occupation: Other Work Experience: Project Analyst Community Activities: Church Choir, Elections Board Worker Other Interests: Musican Board Service (current and past): Board Preference: Library Board Additional Comments: El is beth VV. Folk Digitally signed by Eliabeth W. FolkSignature: Date: 201 7.01.18 1 4:26:18 -0500' Date: 18Jan2017 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits RECEIVED Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city lirr 18 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The advisory board provides both guidance and leadership relating to the policy and procedures withing the Clearwater Library system. Board members also act as as liaison between the Library System and the Clearwater City Council. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes. Over the past 27 years I have attended numerous City Council meetings. I have participated in the 2009 which provided me the opportunity and insight into each of the cities operations and departments. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I am a civic minded, hard working individual and enjoy getting involved and making a difference in my community. My project management background with exceptional organizational, analytical, and relationship building skills have proven success working with all types of personalities and cultures around the world. 4. Why do you want to serve on this Board? I have had the opportunity to serve on this board the past four years and have enjoyed it very much. I would love the opportunity to continue to help guide and influence the future of not only the library system but the City of Clearwater. I am a forward thinker and with the completion of the new Countryside Library and the new East Library under construction there is a bright future for Clearwater and I'd like to be a part of it. Name: Elizabeth W. Folk Board Name: Library Board Name: Homddress: 0.2 Zip 3375 Telephone: 7a7 - -q qe --97 73 Telephone: Cell Phone: Email Address: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Office Address: Zip How long a resident of Clearwater? Occupation: - t- - $ i s t V2' Field of Education: A- CCnc_ \A If retired, former occupation: ZCC o mployer: Other Work Experience: i RC -f RI R N Lid V-C?-70 L i G R.f1Z I (l 2 cerc? Community Activities: C,3 r5,- Other Interests: --(1,4 ( Ch<A--(-) ., caCA-Ay ik-tC- (oo SCc ) Board Service cur t and past): Board Preference: a `c-0. S i cQ_o 1 \ C (B c-?-.: mot' 1-JC'tr)L\(-(. Additional Comments: Signature: Date: See att ed list for boards that require financial disclosure at time of appointment. Please return this applica on and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed with the city clerk affirming residency within city limits JAN 3 1 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? C\-6(-0-\<- boaLcA. me m s _ - N c r1 Ci_.v CS A" Y C_nz ytn,./(&( cc-) \1" k' V00sc 2. Have you ever observed a board meeting either in person or on the City's 1V station C-View? Y ) 3 r\Cs J O\ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? kccico ci Ly); (1( =s o rt Q c-rt as fCc. 4. Why do you want to serve on this Board? kave_ Q_PrN 6_ '\(63 ry-> cah T bP‘ t P \/Q T cr Name: (28'PYQC4 f h(1 U Q E Board ame: b\c-avcy CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Rosalie G. Murray Home Address: 1451 Stewart Blvd. Office Address: NA Zip 33764 Zip 33764 Telephone: 727- 531 -0667 Cell Phone: 727-278-5142 Telephone: NA Email Address: RGMUR59 @gmail.com How long a resident of Clearwater? 40 years Occupation: retired Employer: Field of Education: Other Work Experience: B.S. Education UMD M.A. Guidance & Counseling USF If retired, former occupation: Counselor -Boys & Girls Club of the Suncoast, Inc. Community Activities: President, Friends of the Clearwater, Inc. (2014 -2017) 1st Vice President, GFWC Clearwater Community Woman's Club Other Interests: Board Service (current and past): Clearwater Advisory Library Board 2014 -2017) Additional Comments: Board Preference: Clearwater Advisory Library Board Digitally signed by Rosalie MurraySignature: 9,salie Murray Date: 2017.02.0317:01:57 -0500 Date: 02/03/2017 7Seeattachedlistforboardsthatrequirefinancialdisclosureattimeof appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city FEB 10 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The Purpose of the Clearwater Advisory Board is to become of issues concerning the City of Clearwater Library System and to make appropriate recommendations to City Staff when necessary. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes to both 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have been a volunteer at the Main Library in Downtown Clearwater since 2004 and have been a member of the Board of Directors of the Friends of the Clearwater Library, Inc. since 2005. 4. Why do you want to serve on this Board? I bring a deep commitment of the importance of public libraries to the surrounding community to the City of Clearwater Li- brary Advisory Board and wish to continue to serve in that capacity Name: Rosalie G. Murray Board Name: Clearwater Library Advisory Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3282 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Schedule a Strategic Planning Session. SUMMARY: Staff is requesting that a special work session be scheduled for the purpose of holding a strategic planning session. The following dates have been confirmed as potential dates: ·Tuesday, April 18 at 9:00 a.m. ·Monday, April 24 at 9:00 a.m. ·Tuesday, April 25 at 9:00 a.m. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8996-17 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8996-17 on second reading, creating Section 3-1505 of the Community Development Code to create a Foreclosure Property Registry and provide for enforcement and penalties. SUMMARY: [Enter background information.] APPROPRIATION CODE AND AMOUNT: [Enter funding source codes and amounts.] [Sample OPERATING Statement Delete if not needed -Funds are available in cost code xxx-0xxxx-5xxxxx, object code title, to fund this contract.] [Sample CAPITAL Statement Delete if not needed -Funds are available in capital improvement project 315-9xxxx, project title, to fund this contract.] [Sample CAPITAL Statement Delete if not needed - A first quarter budget amendment will provide a transfer of $________ from capital improvement project 315-9xxxx, project title, to capital improvement project 315-9xxxx, project title, to fund this contract.] [Sample CAPITAL Statement Delete if not needed - A first quarter budget amendment will establish capital improvement project 315-9xxxx, project title, recognizing a budget increase of grant revenue in the amount of $______ to fund this contract.] USE OF RESERVE FUNDS: [Enter running total of items funded through reserves.] [Sample Statement Delete if not needed - Funding for this contract will be provided by a _____ budget amendment allocating General Fund reserves in the amount of $_______ to capital improvement project 9xxxx, project title. A net total of $_______ of General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $______, or ___% of the current General Fund operating budget.] Page 1 City of Clearwater Printed on 2/24/2017 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: 8997-17 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8997-17 on second reading, annexing certain real properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, along with certain abutting Rights-of-Way of Stevenson’s Drive and Carol Drive, all in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 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 13041508124013201312122013051423 13081604 13121616 1324131213041408 1309122 9 1320131212411419 1 6 0 7 13091516 1 5 2 4 12211615 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 12371224 1612 123815091421 1601 13161 5 1 6 1 2 2 5 13251235 132115121232 1234131413171413 1 5 2 5 1427 -Not to Scale--Not a Survey-Rev. 12/15/2016 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 O V E R B R O O K A V E 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 13041508124013201312122013051423 13081604 13121616 1324131213041408 1309122 9 1320131212411419 1 6 0 7 13091516 1 5 2 4 12211615 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 12371224 1612 123815091421 1601 13161 5 1 6 1 2 2 5 13251235 132115121232 1234131413171413 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: 8998-17 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8998-17 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 properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 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 13041508124013201312121712201240 13051423 13081604 131216161221 1324131213041408 1309122 9 132012411419 1 6 0 7 13091 5 2 4 12211615 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 12371224 13201612 1421 1601 13161 2 2 5 12621 5 2 0 13101235 1232 1234131413171413 13121516 1427 -Not to Scale--Not a Survey-Rev. 12/20/2016 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 O V E R B R O O K A V E 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 13041508124013201312122013051423 13081604 13121616 1324131213041408 1309122 9 1320131212411419 1 6 0 7 13091516 1 5 2 4 12211615 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 12371224 1612 123815091421 1601 13161 5 1 6 1 2 2 5 13251235 132115121232 1234131413171413 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: 8999-17 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8999-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1515 Stevenson’s Drive and 1316 Woodbine Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 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 STEVENSON'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 130415081320131212171220 1240 13051423 13081604 131216161221 1324131213041408 13091229 1320131212411419 1 6 0 7 13091516 1 5 2 4 1221 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 1 237 1224 15011612 1421 1601 13161 2 2 5 1235 12401232 1 234 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 O V E R B R O O K A V E 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 13041508124013201312122013051423 13081604 13121616 1324131213041408 1309122 9 1320131212411419 1 6 0 7 13091516 1 5 2 4 12211615 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 12371224 1612 123815091421 1601 13161 5 1 6 1 2 2 5 13251235 132115121232 1234131413171413 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: 9002-17 2nd rdg contd Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.5 SUBJECT/RECOMMENDATION: Continue 2nd reading of Ordinance 9002-17 to April 6, 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. (LUP2016-02002) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9003-17 2nd rdg contd Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.6 SUBJECT/RECOMMENDATION: Continue 2nd reading of Ordinance 9003-17 to April 6, 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. (REZ2016-02002) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3262 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Clearwater for Youth College Scholarship Candidates - Hank Webb, Executive Director, Clearwater for Youth SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3265 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: 2017 Youth Arts Month Proclamation - Beth Daniels, President, Clearwater Arts Alliance SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3264 Agenda Date: 2/27/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: Newspaper in Education Week Proclamation - Sue Bedry from Newspaper in Education, Tampa Bay Times SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/24/2017