03/02/2017Thursday, March 2, 2017
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
March 2, 2017City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum of
ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a
spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will
be allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available .
Kindly refrain from using cell phones and other electronic devices during the meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 Clearwater for Youth College Scholarship Candidates - Hank Webb, Executive
Director, Clearwater for Youth
4.2 2017 Youth Arts Month Proclamation - Beth Daniels, President, Clearwater
Arts Alliance
4.3 Newspaper in Education Week Proclamation - Sue Bedry from Newspaper in
Education, Tampa Bay Times
5. Approval of Minutes
5.1 Approve the minutes of the February 16, 2017 City Council Meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 3/2/2017
March 2, 2017City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior
to the meeting. The Mayor will provide an opportunity for a
Councilmember or a member of the public to ask that an item be pulled
from the Consent Agenda for discussion. Items pulled will receive
separate action. All items not removed from the Consent Agenda will be
approved by a single motion of the council.
7.1 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)
7.2 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)
7.3 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)
7.4 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)
7.5 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)
7.6 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)
7.7 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)
Page 3 City of Clearwater Printed on 3/2/2017
March 2, 2017City Council Meeting Agenda
7.8 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)
7.9 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)
7.10 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)
7.11 Reappoint Barbara Blakely, Elizabeth Folk and Barbara Ann Murphey to the
Library Board with terms expiring February 28, 2021. (consent)
7.12 Schedule a special work session on Tuesday, April 25 at 9:00 a.m. for the
purpose of holding a strategic planning session. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 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)
Page 4 City of Clearwater Printed on 3/2/2017
March 2, 2017City Council Meeting Agenda
8.2 Approve 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, adopt Resolution 17-01, and authorize the appropriate officials to
execute same. (HDA2016-09001)
9. Second Readings - Public Hearing
9.1 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.
9.2 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.
9.3 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).
9.4 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).
9.5 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)
9.6 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)
10. City Manager Reports
10.1 Appoint two members to the Community Development Board with terms to
expire February 28, 2021.
11. City Attorney Reports
Page 5 City of Clearwater Printed on 3/2/2017
March 2, 2017City Council Meeting Agenda
12. Closing comments by Councilmembers (limited to 3 minutes)
13. Closing Comments by Mayor
14. Adjourn
Page 6 City of Clearwater Printed on 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3262
Agenda Date: 3/2/2017 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3265
Agenda Date: 3/2/2017 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.2
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 3/2/2017
CV 17- 4F LI /-c/g,
McMullen Road (Ruth Eckerd Hall)
ARTS
ALLIANCE
J are Molta to. Mil awe
The Clearwater Arts Alliance
March is Youth Art Month K -8 Exhibition"
Clearwater Main Library
Through March 30th, 2017
Awards Reception Sunday, Marchl2th 2 -4 pm
CL If
The St. Petersburg College
All Pinellas High School Art Exhibition
Crossroad Gallery
SPC /Clearwater Campus
May 15 - July 6, 2017
Awards Reception Wednesday, May
17th 6 -8pm
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3264
Agenda Date: 3/2/2017 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.3
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3263
Agenda Date: 3/2/2017 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the February 16, 2017 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/2/2017
City Council Meeting Minutes February 16, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, February 16, 2017
6:00 PM
Council Chambers
City Council
Page 1 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Roll Call
Present: 4 - Mayor George N. Cretekos, Councilmember Doreen Caudell,
Councilmember Bob Cundiff and Councilmember Hoyt Hamilton
Absent: 1 - Vice Mayor Bill Jonson
Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk
and Nicole Sprague – Official Records and Legislative Services
Coordinator To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation – Pastor Jeremy Westbrook from Calvary Baptist Church 3. Pledge of Allegiance – Councilmember Caudell
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) – Given.
4.1 TBARTA Updates - Anthony Matonti, Senior Planner and Project Coordinator, Tampa
Bay Area Regional Transportation Authority (TBARTA)
Mr. Matoni provided a PowerPoint presentation.
In response to questions, Mr. Matonti said anybody can participate in the van
pool program; the biggest users of the program are the area VA Hospitals
and McDill AFB. He said there is an app based school program which
creates a geofence around a school and allows kids to be dismissed from
school once their ride has arrived on property, eliminating the need to have
students wait outside. He reported that $7 Million out of $11 Million was
granted to Pinellas County for the trail system.
5. Approval of Minutes
5.1 Approve the minutes of the February 2, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
Page 2 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Councilmember Caudell moved to approve the minutes of the
February 2, 2017 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Mike Colby, Clearwater Marine Association representative, said the Gulf
of Mexico Fishery Management Council approved electronic log books
for federally permitted charter boats that fish in the Gulf of Mexico. He
thanked the Mayor and staff for their support during this 5-year approval
process.
7. Consent Agenda – Approved as submitted.
7.1 Approve a Developer Agreement with Lindiakos Properties, Inc, for the installation of a
natural gas distribution system and authorize appropriate the officials to execute
same. (consent)
7.2 Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural
gas distribution mains and authorize the appropriate officials to execute same.
(consent)
7.3 Approve Vehicle Use Agreement between the School Board of Pinellas County,
Florida and the City of Clearwater through August 23, 2017 for the City to utilize
Pinellas County School buses at a cost of $1.50 per mile plus $29.00 per hour, for a
total estimated cost of $40,000 and authorize the appropriate officials to execute.
(consent)
7.4 Approve a License Agreement between the Board of Trustees of St. Petersburg
College (SPC) and the City of Clearwater (City) providing for the use of Jack Russell
Stadium for SPC baseball, the use of Eddie C. Moore Softball Complex for SPC
softball, and terminates an older license agreement between SPC and the City to use
the Joe DiMaggio Sports Complex and authorize the appropriate officials to execute
same. (consent)
7.5 Authorize the Chief of Police to sign a Memorandum of Understanding between the
City of Clearwater Police Department and the Florida Department of Highway Safety
and Motor Vehicles. (consent)
7.6 Approve the First Amendment to the Cooperative Funding Agreement (CFA) between
Southwest Florida Water Management District (SWFWMD) and the City of Clearwater
for the Groundwater Replenishment Project, and authorize the appropriate officials to
Page 3 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
execute same. (consent)
7.7 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida,
for the 2017 Sidewalks Construction Project (16-0016-EN) in the amount of
$527,468.98, and authorize the appropriate officials to execute same. (consent)
7.8 Approve a purchase order (contract) to Transmap Corporation of Upper Arlington, OH,
in the amount of $105,132.19 for the 2017 Pavement Assessment Program and
authorize the appropriate officials to execute same. (consent)
7.9 Approve services agreement (purchase order) to Quorum Services LLC of Tampa, FL,
in the annual amount of $400,000 for Inspection and Plan Review Services, with two,
one-year extension options at the City’s discretion, and authorize the appropriate
officials to execute same. (consent)
7.10 Amend City Council Policies to add a new Block Party Insurance Requirement under
General Administration. (consent)
7.11 Award a contract (Blanket Purchase Order) for $132,000.00 to Coastal Alternative
Fuel Systems in Odessa, FL for Ford vehicle up-fitting services (CNG Conversion);
authorize purchase under the City’s Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City’s best interest; and authorize the appropriate officials to
execute same. (consent)
7.12 Request for authority to settle the case of Demmeko Stanley vs. City of Clearwater
Case No. 15-002515-CI for $87,500.00. (consent)
Councilmember Cundiff moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1515 Stevenson’s Drive and 1316 Woodbine Street, together with certain
abutting right-of-way of Stevenson’s Drive and Carol Drive, and pass Ordinances
8997-17, 8998-17, 8999-17 on first reading. (ANX2016-11039)
These voluntary annexation petitions involve 0.34-acres of property consisting
of two parcels of land each occupied by a single-family dwelling. The first
parcel of 0.167 acres is located at the southeast corner of Stevenson’s Drive Page 4 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
and Carol Drive, approximately 280 feet west of N. Betty Lane (1515
Stevenson's Drive) and the second parcel of 0.18 acres is located on the north
side of Woodbine Street, approximately 340 feet east of N. Betty Lane (1316
Woodbine Street). Both applicants are requesting annexation in order to
receive solid waste service from the City, and the applicant for 1316 Woodbine
Street is also requesting to receive sanitary sewer service. The Development
Review Committee is proposing that the 0.49-acres of abutting Stevenson’s
Drive and Carol Drive right-of-way not currently within the city limits also be
annexed. Both parcels are contiguous to existing city boundaries along at least
one property boundary. It is proposed that the properties be assigned a Future
Land Use Map designation of Residential Low (RL) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Community Development
Code Section 4-604.E as follows:
• Both properties currently receive water service from Pinellas County.
The applicant for 1316 Woodbine Street is requesting sanitary sewer
and the closest line is located in the adjacent Woodbine Street
right-of-way. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend City
sewer service to this property. For the property located at 1515
Stevenson’s Drive the closest sanitary sewer line is located in the
adjacent Stevenson’s Drive right-of-way, and the applicant is aware of
the additional costs to extend City sewer service to this property. The
applicant has chosen not to connect to sanitary sewer at this time and
is aware of the associated monthly fee. Collection of solid waste for
both properties will be provided by the City of Clearwater. The
properties are located within Police District II and service will be
administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to these
properties by Station 51 located at 1720 Overbrook Avenue. The City
has adequate capacity to serve these properties with sanitary sewer,
solid waste, police, fire and EMS service. The proposed annexations
will not have an adverse effect on public facilities and their levels of
service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
Page 5 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
promoted through application of the Clearwater Community
Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of these
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to these properties is the Low Medium Density Residential (LMDR)
District. The use of the properties is consistent with the uses allowed in
the District and the properties exceed the District’s minimum
dimensional requirements. The proposed annexations are therefore
consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
• Both parcels are contiguous to existing city boundaries along at least
one property boundary; therefore the annexations are consistent with
Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1515 Stevenson’s Drive and 1316 Woodbine
Street, together with certain abutting right-of-way of Stevenson’s
Drive and Carol Drive. The motion was duly seconded and carried
unanimously.
Ordinance 8997-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8997-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
Ordinance 8998-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 8998-17 on first
reading. The motion was duly seconded and upon roll call, the vote
Page 6 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
Ordinance 8999-17 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8999-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
8.2 Provide direction on the proposed Development Agreement between North Clearwater
Beach Development, LLC (the property owner) and the City of Clearwater, providing
for the allocation of 10 units from the Hotel Density Reserve under Beach by Design
and confirm a second public hearing in City Council Chambers before City Council on
March 2, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2016-09001)
Site Location and Existing Conditions:
The 0.35-acre site is located on the south side of Bay Esplanade
approximately 230 feet east of Poinsettia Avenue. The subject property is
comprised of two parcels with a frontage of approximately 130 feet along Bay
Esplanade. The site is occupied by 11 attached dwellings within two buildings;
a one-story and two-story. The subject property is zoned Tourist (T) District
with an underlying Future Land Use Plan (FLUP) category of Resort Facilities
High (RFH). The subject property is also located within the Old Florida District
of Beach by Design.
Vehicular access to the site is generally provided by a drop curb along Bay
Esplanade which runs along the entire north side of the site providing access
to parking spaces which exist at least partially if not entirely within and back out
into the Bay Esplanade right-of-way. Building frontage is generally located
along Bay Esplanade.
The larger area is characterized generally by overnight accommodation and
attached dwelling uses with heights ranging from one to four stories. A hotel
75 feet in height is under construction immediately to the north of the site
across Bay Esplanade.
A dock with five slips is located along the south side of the site. It should be
noted that the dock will only be permitted to be used as an accessory use to
the hotel and limited to use by to registered hotel guests only.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single
seven-floor hotel with 27 hotel rooms (78 units per acre). The 27 proposed
units include 17 units otherwise permitted by the Resort Facilities High Future
Land Use classification and an additional 10 units from the Hotel Density
Page 7 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Reserve through Beach by Design. The building will be 75 feet (from Base
Flood Elevation) to roof with the parking on the first floor. The proposal
includes a tropical modern architecture, which is consistent with and
complements the tropical vernacular envisioned in Beach by Design.
The site will be accessed via two driveways with one two-way driveway located
at the northeast corner of the property and the second driveway (an
ingress-only) located at the northwest corner. A service drive is located at the
northeast corner of the building along Bay Esplanade. The primary entrance
and lobby of the building will be located along Bay Esplanade on the second
floor.
As noted, the first (ground) floor of the building will contain all 32 required
parking spaces as well as a solid waste component. The second through
fourth floors contain five hotel units each with the remaining three floors
containing four rooms each. The fifth floor also includes an open veranda.
The roof level (available for guests only) includes a pool, dog run, fitness room,
restroom, a small bar and a variety of seating and lounging areas.
The existing dock is proposed to remain and will function as an accessory use
to the proposed hotel and will be available only for hotel guests.
It should be noted that the proposal includes the provision of an atypical lobby
arrangement where a small office/registration area is provided at the northwest
corner of the second floor. The registration area will be staffed between 9:00
a.m. and 1:00 p.m. Monday through Friday. The applicant has provided that an
agent will otherwise be available via telephone 24 hours a day/seven days a
week. In short, the proposed lobby consists of a small office area tucked into a
corner of the second floor which will, for the most part, be unstaffed. This
point, specifically, is in direct conflict with the provision of Section V.B.2 of
Beach by Design which provides that a “reservation system shall be required
as an integral part of the hotel use and there shall be a lobby/front desk area
that must be operated as a typical lobby/front desk area for a hotel would be
operated”.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 15,175 square feet in area and approximately 130 feet
wide. The proposed lot area and width may be approved as part of a Level
Two (FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 16 feet along the front
(north) along Bay Esplanade and five feet along all other remaining sides of
the site. The conceptual site plan depicts setbacks to pavement of 10 feet
along the front (north) along Bay Esplanade and zero feet along all other Page 8 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
remaining sides of the site. The proposed setbacks may be approved as part
of a Level One (FLS) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height:
Section A.1.c of the Old Florida District within Beach by Design specifically
addresses height. The proposal provides for a building 75 feet in height as
measured from BFE where a height of up to 75 feet is permitted for overnight
accommodations. The proposed height is also permitted by the CDC subject
to meeting the applicable flexibility criteria of the CDC and as approved as part
of a Level II Flexible Development application and as otherwise limited by
Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 27-room overnight accommodation use requires a minimum of 32
off-street parking spaces. A parking garage located on the first levels of the
building will provide a minimum of 32 spaces. This is consistent with the
applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along the street
frontage as required by Section A.6 of the Old Florida District within Beach by
Design. Since no perimeter landscape buffers are otherwise required in the
Tourist (T) District, the proposed landscape areas meet or exceed what is
required. It is noted, however, that flexibility may be requested/necessary as
part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
Consistency with Beach by Design:
Old Florida District
Section A.1 specifies that overnight accommodations may be permitted up to a
height of 75 feet (except for those properties located along Somerset Street).
The property is not located along Somerset Street and a height of 75 feet is
proposed.
Section A.2 specifies that a 15 foot front setback is required as are 10 foot side
and rear setbacks. All setbacks are specifically to building. Section A.4
provides that a maximum reduction of five feet from any required setback (to
building) may be possible. The proposal includes a front setback of 16 feet
and five foot setback on all other sides.
Page 9 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Section A.3 provides requirements for stepbacks and setbacks for building
exceeding 35 feet in height. Any development exceeding 35 feet in height
shall be required to incorporate a building stepback on at least one side of the
building (at a point of 35 feet). In the case of the subject property, the
stepback is required along the north side of the building along Bay Esplanade.
This section also specifies that a stepback/setback ratio, for this property is
one foot for every 2.5 feet in building height above 35 feet. The additional
stepback/setback for the proposed building is 16 feet. The total required
stepback/setback distance for this project from the front (north) property line is
between 26 and 31 feet (depending on if a reduction of five feet along the front
property were requested as provided for in Section A.2). The applicant has
provided a 16 foot setback (to building) and a 15 foot stepback at 35 feet for a
total stepback/setback distance of 31 feet.
Section A.6 requires a 10 foot landscape buffer is along all street frontages
where the proposal includes a landscape buffer area of 10 feet along Bay
Esplanade.
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project is inconsistent with the criterion which requires the
provision of a typical lobby arrangement. The proposed lobby consists of a
small office tucked into a corner of the second floor which will, for the most
part, be unstaffed. Other criteria are met, including that the development
comply with the Metropolitan Planning Organization’s (MPO) countywide
approach to the application of traffic concurrency management for
transportation facilities. The submitted Traffic Impact Study concludes that
traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
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
Page 10 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated”.
The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel
Density Reserve under Beach by Design and includes the following main
provisions:
Provides for the allocation of 10 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
password
Prohibits the conversion of any hotel unit allocated from the Hotel Density
Reserve to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Senior Planner Mark Parry said staff recommends denying the request
because 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 and the registration area will only
be staffed between 9:00 a.m. through 1:00 p.m., Monday through
Friday. The Applicant has provided that an agent will otherwise be
available via telephone 24 hours a day, 7 days a week. The proposed
hours of operation of the lobby area is in direct conflict of Beach by
Design, which provides that reservation systems 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 of a hotel. Mr.
Parry said this does not preclude the development of the property as a
17-unit hotel as shown since the use of a hotel is a permitted use and
generally consistent with the code, as part of a Level 2 flexible
development review.
One individual expressed concerns regarding the proposed building
height and that the proposed project will operate as an apartment complex
and not as a proposed hotel.
One individual spoke in support and added that the Applicant is willing
to agree on a condition regarding the lobby area matter.
Applicant Representative Wayne Wells said the proposed hotel's lobby
Page 11 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
area and registration desk are not tucked away and are similar to other
hotels on Clearwater Beach. The Pier 60 Hotel lobby and registration
desk is located on the fifth floor. The Opal Sands hotel registration area
is on the second floor near the restaurant. Mr. Wells said the Hyatt
Regency uses registration pods with no signage. The proposed design
has been reviewed by city staff.
In response to a question, Mr. Wells said the different hotel lobbies he
described are manned 24 hours a day.
Menna Development Representative Josiah Gross said the proposed
registration desk/area location and operating hours was based on
current extended stay hotel practices. Extended stay hotels have limited
lobbies and operating hours because they do not require the same
demands of a typical front desk and utilize Bluetooth smart keys,
allowing guests to check-in via their smartphone and bypass the
registration desk. This technology is the new standard for Hilton and
Marriott. Mr. Gross said hotels with limited registration hours typically
have a representative available via telephone at all times.
In response to concerns, Mr. Gross said the Bluetooth smart key brand
has not been determined. One brand that can be considered is the Onity
smart key, which utilizes a secure encrypted hardware.
Applicant Representative Ian Larson said the Applicant is prepared to
meet any lobby requirements requested by Council. The Applicant is
requesting flexibility in what the 24-7 coverage means. Hotels base the
registration desk hours on guest arrival/departure patterns. For
the proposed 27-unit hotel concept, it could mean there will be no
check-ins or check-outs for three straight days or a heavy check-in and
check-out pattern on a Saturday. Mr. Larson said the Marriott's mobile
hotel key initiatives will be a standard in 2018. The proposed hotel will
have an individual present for every check-in and check-out.
In response to questions, Mr. Larson said although the front desk may
not be manned during certain hours, someone will be on the property
addressing other matters (i.e., marketing, housekeeping, etc.).
The Applicant is asking flexibility on the position serving the registration
desk and asked for an interpretation of 24-7 coverage. Mr. Larson said the
intent is to utilize industry standard technology to ensure an efficient check-in
experience. The City Attorney said the hotel can be built with 17 units with
the proposed service and registration desk; the registration area requirement
is due to the requested additional hotel units. The proposed project is limited
to an occupancy period of no more than one month or 31 consecutive days,
as outlined in Beach by Design. The City Attorney said they could not
reserve units beyond that timeframe.
Page 12 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
In response to a concern, the City Attorney said tonight is the first public
hearing; Council is only providing direction and confirming the second
public hearing. The actual language of the development agreement as
provided is consistent with Beach by Design; the application is
inconsistent with what the Applicant wants to do and what is designed.
The development agreement is good for ten years; the City would
utilize code enforcement regarding any inconsistencies. The City
Attorney said the exhibit must be changed to match the conditions of
Beach by Design. The development agreement would be approved at
the second public hearing on March 2.
There was consensus that the Applicant amend the proposal to include
a 24-hour registration area.
It was stated that the amended application should be resubmitted on
Tuesday, February 21.
Councilmember Cundiff moved to confirm a second public hearing
in City Council Chambers before City Council on March 2, 2017 at
6:00 p.m., or as soon thereafter as may be heard. The motion was
duly seconded and carried unanimously.
8.3 Approve amendments to the Clearwater Community Development Code establishing
the Foreclosure Property Registry, procedures for registration and enforcement, and
annual registration fee and pass Ordinance 8996-17 on first reading. (TA2016-12004)
Since 2006, a significant number of properties have gone through foreclosure
in the City of Clearwater. At present, there are over 700 properties in active
foreclosure and 256 owned by banks. Because many properties in the
foreclosure process often become neglected and/or unsecured, they can have
serious negative impacts on the surrounding neighborhood and create
conditions which invite criminal activity and foster an unsafe and unhealthy
environment for children. Due to the difficulty in determining the party
responsible for maintenance during foreclosure, the Planning and
Development Department is proposing the establishment of a foreclosure
registry.
Proposed Ordinance 8996-17 requires that within 10 days of the filing of a lis
pendens the mortgagee shall register the property with the City and provide
contact information for a local property management company responsible for
maintaining the property. This information will enable the City to have direct
contact with the party responsible for:
• the security and maintenance of the property; Page 13 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
• decisions concerning the abatement of nuisance conditions at the
property; and
• expenditures to correct violations.
Any unoccupied or vacant property subject to the ordinance must also maintain
a visible posting on the structure with the name and all-hour contact number of
the mortgagee’s local agent.
A property registration and the associated $200 fee is valid for one year. If the
mortgage on a registered property is sold or transferred, the new mortgagee is
responsible for obtaining a new registration and paying the requisite fee.
The Planning and Development Department has determined that the proposed
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The CDB
reviewed the proposed text amendment at its meeting of January 17, 2017 and
unanimously recommended approval of the amendment, with one change
eliminating the required sign posting for occupied properties. The revision has
been integrated into the attached ordinance.
Councilmember Hamilton moved to approve amendments to the
Clearwater Community Development Code establishing the
Foreclosure Property Registry, procedures for registration and
enforcement, and annual registration fee. The motion was duly
seconded and carried unanimously.
Ordinance 8996-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8996-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
8.4 Continue to March 16, 2017: Approve a Zoning Atlas Amendment from the A-E
Agricultural Estate Residential District (Pinellas County) to the Medium Density
Residential (MDR) District (City) for 2425 McMullen Booth Road and an unaddressed
parcel on McMullen Booth Road; and pass ordinance 9003-17 on first reading.
(REZ2016-02002)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Page 14 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Since the public hearing dates were included in the advertised CDB notice, first
reading of Ordinance 9003-17 must be continued to March 16, 2017.
No Action Taken.
8.5 Continue to March 16, 2017: Approve a Future Land Use Map Amendment from the
Residential Low (RL) category to the Residential Low Medium(RLM) category for 2425
McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and
pass ordinance 9002-17 on first reading. (LUP2016-02002)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Since the public hearing dates were included in the advertised CDB notice, first
reading of Ordinance 9002-17 must be continued to March 16, 2017.
No Action Taken.
8.6 Continue to March 16, 2017: Deny a Development Agreement between HR Tampa
Bay, LLC (the developer) and the City of Clearwater for property located at 2425 and
unaddressed McMullen Booth Road; and reject Resolution 17-08 to deny the
Development Agreement for this property. (DVA2016-09001)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Since the public hearing date was included in the advertised CDB notice,
council action must be continued to March 16, 2017.
No Action Taken.
9. City Manager Reports
9.1 Endorse the application for Project Atlas and committing the City of Clearwater to
provide local financial support (Local Match) of ten percent of the eligible tax refund
upon certification by State of Florida Department of Economic Opportunity (DEO) and
adopt Resolution 17-11.
This Resolution amends Resolution 16-03, extending the timeframe by which
Project Atlas must create 12 new jobs and reducing the Local Match by 5%.
The extended timeframe requires changes to the job creation schedule and
Local Match payout schedule. All Conditions of Limitation and Termination
remain unchanged.
APPROPRIATION CODE AND AMOUNT:
Page 15 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
The FY 2017-2018 funding is currently available from Economic Development
budget account number 181-99846. Future year funding will need to be
allocated during the City’s annual budget process.
Councilmember Cundiff moved to endorse the application for
Project Atlas and committing the City of Clearwater to provide local
financial support (Local Match) of ten percent of the eligible tax
refund upon certification by State of Florida Department of
Economic Opportunity (DEO). The motion was duly seconded and
carried unanimously.
Resolution 17-11 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 17-11. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
9.2 Approve the Joint Participation Agreement (JPA) G0H27 between the City of
Clearwater and the State of Florida Department of Transportation (FDOT) for an
Airpark Master Plan Study at Clearwater Airpark, authorize the appropriate officials to
execute same, and adopt Resolution 17-12.
FDOT JPA Agreement G0H27 provides for an 80% grant for conducting an
airport master plan study at the Clearwater Airpark, with the City providing a
20% match. An airport master plan is a comprehensive study of an airport and
usually describes the short-, medium-, and long-term development plans to
meet future aviation demand. The goal of a master plan is to provide the
framework needed to guide future airport development that will cost-effectively
satisfy aviation demand, while considering potential environmental and
socioeconomic impacts. The Federal Aviation Administration and FDOT
strongly recommend the airport master plan to be updated periodically to stay
in compliance with grant requirements.
The project cost is estimated at $100,000.00 with the Florida Department of
Transportation contributing $80,000.00 and the City providing a $20,000.00
match.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-94886, Clearwater
Airpark MP Update, to fund this contract.
Councilmember Caudell moved to approve the Joint Participation Page 16 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Agreement (JPA) G0H27 between the City of Clearwater and the
State of Florida Department of Transportation (FDOT) for an Airpark
Master Plan Study at Clearwater Airpark, authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
Resolution 17-12 was presented and read by title only.
Councilmember Cundiff moved to adopt Resolution 17-12. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and
Councilmember Hamilton
9.3 Ratify and Confirm purchase order (contract) to Layne Inliner LLC in the amount of
$39,600.00 for Emergency Services to minimize the overflow of sewage from our
Corona Interceptor Sewer, as part of the Sanitary Collect and Transmission R and R
Project, and authorize the appropriate officials to execute same.
Corona Interceptor Sewer experienced the sewage overflow during Hurricane
Hermine. The emergency rental of the Vac-Con vehicle and crew
supplemented our crew around the clock during the time the sewer was
inundated. This action prevented a substantial quantity of sewage from
overflowing the sewer system along South Arcturas near Clearwater High
School and into surrounding homes.
On October 13, 2016, a purchase order ST113339 approved by the City
Manager in the amount of $39,600.00 issued to Layne Inliner LLC for the
emergency Vac-Con services.
APPROPRIATION CODE AND AMOUNT:
0327-96665-563800-535-000-0000 $39,600.00
Sufficient funding is available in the Utility and Replacement project,
0327-96665, Sanitary Collect & Transmission R&R $39,600.00.
Councilmember Hamilton moved to ratify and confirm purchase
order (contract) to Layne Inliner LLC in the amount of $39,600.00
for Emergency Services to minimize the overflow of sewage from
our Corona Interceptor Sewer, as part of the Sanitary Collect and
Transmission R and R Project, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
Page 17 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
9.4 Ratify and confirm purchase order (contract) to TLC Diversified Inc. in the amount of
$120,000.00, United Rentals Inc. in the amount of $1,000,000.00, McKim and Creed
Engineers in the amount of $199,000.00, and B.L. Smith Electric Inc. in the amount of
$9,623.50 for Emergency Services associated with the mechanical pump failure
flooding the Marshall Street WRF influent pump station, as part of the Water Pollution
Control R and R Project; and authorize the appropriate officials to execute same.
During Hurricane Hermine, the Marshall Street WRF influent pump station
experienced a mechanical pump failure that resulted in the flooding of the dry
pit side of the station, destroying the electrical and mechanical systems and
rendering the pump station unusable. The following emergency services were
utilized:
On September 16, 2016, a purchase order BR511821 approved by the City
Manager in the amount of $120,000.00 issued to TLC Diversified Inc for the
50,000 gallons of temporary headworks installation, rental and removal.
On September 20, 2016, a purchase order BR511822 approved by the City
Manager in the amount of $500,000.00, and on December 08, 2016, an
additional $500,000.00 was also approved with the total of $1,000,000.00,
issued to United Rentals Inc for the equipment rental and for the bypass
pumping services. Emergency pumping systems were installed immediately to
allow influent flow to enter the plant.
United Rentals (North America) Inc. provides equipment rentals under contract
with National Joint Powers Alliance (NJPA). Rental equipment acquired
through United Rentals is in compliance with the NJPA Contract #091615
which expires October 20, 2019. The City of Clearwater is a member of NJPA
and is eligible to piggyback on this contract in accordance with City Code 2.564
(1)(d), other government entities’ contracts.
On October 05, 2016, a purchase order ST113299 approved by the City
Manager in the amount of $199,000.00 issued to McKim & Creed Engineers for
the engineering services relating to the electrical and controls repairs and/or
replacement of the influent pump station and other effected systems.
On October 07, 2016 a purchase order ST113321 approved by the City
Manager in the amount of $9623.50 issued to B.L. Smith Electric Inc for the
temporary hook up pumps at the Marshall Street WRF.
APPROPRIATION CODE AND AMOUNT:
0315-96664-563800-535-000-0000 $120,000.00
0315-96664-565500-535-000-0000 $1,000,000.00
0327-96664-561300-535-000-0000 $199,000.00
0327-96664-563800-535-000-0000 $9,623.50
Sufficient funding is available in the Capital Improvement Program project,
0315-96664, Water Pollution Control R & R, in the amount of $1,120,000.00
and in the Utility and Replacement project, 0327-96664, Water Pollution
Page 18 City of Clearwater Draft
City Council Meeting Minutes February 16, 2017
Control R & R $208,623.50.
Councilmember Caudell moved to ratify and confirm purchase
order (contract) to TLC Diversified Inc. in the amount of
$120,000.00, United Rentals Inc. in the amount of $1,000,000.00,
McKim and Creed Engineers in the amount of $199,000.00, and B.L.
Smith Electric Inc. in the amount of $9,623.50 for Emergency
Services associated with the mechanical pump failure flooding the
Marshall Street WRF influent pump station, as part of the Water
Pollution Control R and R Project; and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cundiff acknowledged and thanked the volunteer staff at the
Capitol Theatre, where he recently was a guest usher and enjoyed a Gospel
group performance.
12. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and expressed
sympathies to family and friends of Frances Stavros.
13. Adjourn
The meeting adjourned at 7:23 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Page 19 City of Clearwater Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3253
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.1
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3247
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 7.2
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 3/2/2017
File Number: ID#17-3247
Page 2 City of Clearwater Printed on 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3252
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 7.3
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3241
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 7.4
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3240
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.5
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 3/2/2017
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: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.6
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 3/2/2017
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: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.7
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 3/2/2017
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: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.8
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 3/2/2017
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: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 7.9
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3250
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 7.10
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 3/2/2017
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: ID#17-3229
Agenda Date: 3/2/2017 Status: Consent AgendaVersion: 4
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.11
SUBJECT/RECOMMENDATION:
Reappoint Barbara Blakely, Elizabeth Folk and Barbara Ann Murphey to the Library Board with
terms expiring February 28, 2021. (consent)
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 3/2/2017
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
At the February 27 work session, there was council consensus to reappoint Barbara Blakely,
Elizabeth Folk and Barbara Ann Murphey to the Library Board. Staff was directed to place the
item on the Consent Agenda and to approach the Citizens Academy Graduates regarding the
remaining board vacancy.
Page 2 City of Clearwater Printed on 3/2/2017
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: 3/2/2017 Status: Consent AgendaVersion: 3
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.12
SUBJECT/RECOMMENDATION:
Schedule a special work session on Tuesday, April 25 at 9:00 a.m. for the purpose of holding
a strategic planning session. (consent)
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.
During the February 27 work session, there was council consensus to hold the strategic
planning session on Tuesday, April 25 at 9:00 a.m. Staff was directed to place the agenda
item on the Consent Agenda.
Page 1 City of Clearwater Printed on 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: HDA2013-08007
Agenda Date: 3/2/2017 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.1
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 3/2/2017
File Number: HDA2013-08007
Page 2 City of Clearwater Printed on 3/2/2017
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: 3/2/2017 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve 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, adopt Resolution 17-01, and authorize the
appropriate officials to execute same. (HDA2016-09001)
SUMMARY:
Development Proposal:
Since the Council Work Session on Monday the applicant has revised Sheet A 2 of their
submittal (the second floor layout of the building) which eliminates a bedroom from one of the
units and replaces that space with a lobby /front desk area. This area is located near the
elevator. A note is included on the sheet near the front desk area which provides that the
space will be attended 24 hours a day, seven days a week.
Staff no longer objects to the request and believes that, as submitted, it is consistent with all
applicable sections of Beach by Design. Staff is now recommending approval of
HDA2016-09001.
The owners propose to utilize the 17 hotel units otherwise permitted by the Resort Facilities
High (RFH) 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:
With the noted exception of the aforementioned changes, no other 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:
With the noted exception of the aforementioned changes, no other changes have been made
to the Conceptual Site Plan presented at the February 16, 2017 Council meeting. As noted,
changes have been made to Sheet A 2 of their submittal (the second floor layout of the
Page 1 City of Clearwater Printed on 3/2/2017
File Number: ID#17-3258
building) which eliminates a bedroom from one of the units and replaces that space with a
lobby/front desk area. The Conceptual Site Plan is now consistent with Beach by Design
because the criterion which requires the provision of a typical lobby arrangement has been
met.
Standards for Development Agreements:
The proposal, with the aforementioned changes, is in compliance with the standards for
development agreements and is consistent with the Comprehensive Plan.
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;
§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.
Changes to Development Agreements:
Pursuant to CDC Section 4-606.I., a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of CDC Section
4-206 are followed. Revisions to conceptual site plans and /or architectural elevations
attached as exhibits to this Development Agreement shall be governed by the provisions of
CDC Section 4-406. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
The Planning and Development Department is recommending APPROVAL of this
Development Agreement for the allocation of up to 10 units from the Hotel Density Reserve
under Beach by Design.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 3/2/2017
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 RunRegistration desk is attended 24 hours per day, 7 days per week, 365 days per year.
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
Resolution No. 17-01
RESOLUTION NO. 17-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND NORTH
CLEARWATER BEACH DEVELOPMENT,LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with NORTH CLEARWATER BEACH DEVELOPMENT, LLC; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
NORTH CLEARWATER BEACH DEVELOPMENT, LLC, a copy of which is attached as
Exhibit “A,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
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
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8996-17
Agenda Date: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
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:
Page 1 City of Clearwater Printed on 3/2/2017
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: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
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 3/2/2017
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
8 544 6C
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
8 544 6C
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: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
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 3/2/2017
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
8 544 6C
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
8 544 6C
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: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.4
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 3/2/2017
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 54 46
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
8 544 6C
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: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.5
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9003-17 2nd rdg contd
Agenda Date: 3/2/2017 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.6
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 3/2/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3211
Agenda Date: 3/2/2017 Status: City Manager ReportVersion: 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 3/2/2017
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 3/2/2017
File Number: ID#17-3211
Page 3 City of Clearwater Printed on 3/2/2017
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
Section 5 -202. - Membership; terms; vacancies; removal.
A. The community development board shall be composed of seven regular members and one
alternate, who are residents of the city, to be appointed by the city commission.
B. In making appointments to the community development board, the city commission shall
seek a membership with diverse economic, social and professional representation and chall
include members .ualified and ex•erienced in the fields of architecture, •tannin : landsca•e
architecture, engineering, construction, planning and land use law and real estate.
C. The regular members of the community development board shall serve at the pleasure of the
city commission for four year terms with staggered initial terms so that no more than two
terms shall expire in any calendar year. Members may be reappointed for one successive
term. Appointments to fill any vacancy of the board shall be for the remainder of the
unexpired term. Appointments to unexpired terms shall not count as one of the two terms
for which a member is eligible for appointment, unless the unexpired terms is two years or
more. The alternate community development board member shall serve at the pleasure of
the city commission for a four year term and may be reappointed for one successive term. In
the event the alternate member is appointed as a regular member, the term already served
as an alternate shall not be consider part of the allowable term as a regular member.
Effective November 1, 2013, any person appointed to the community development board will
be required to be a registered voter. This provision does not apply to a reappointment of a
current member of the community development board. An alternate member who is
appointed to be a regular member will be required to be a registered voter. Any person who
serves or has served on another board of the city who is appointed to the community
development board will be required to be a registered voter.
D. Any member failing to establish a regular attendance record at meetings of the board shall be
subject to removal from the board in accordance with the provisions of section 2.066 of the
city's code.
Ord. No. 6680 -01, § 9, 4 -5 -01; Ord. No. 8478 -13, § 1, 10- 16 -13)
f\s
r)x
e/kAI
The Athenian Oath
The Oath
We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will
fight for the ideals and Sacred Things of the City both alone and with many. We will revere and
obey the City's laws, and will do our best to incite a like reverence and respect in those above us
who are prone to annul them or set them at naught. We will strive unceasingly
to quicken the public's sense of civic duty. Thus, in all
these ways, we will transmit this City not only, not less,
but greater and more beautiful than it was transmitted to
us."