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05/03/2018Thursday, May 3, 2018 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda May 3, 2018City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right -hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 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 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 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 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 International AIDS Candlelight Memorial Day - Ellen Bauer, AIDS Partnership, Inc. - Ms. Ellen Bauer, AIDS Partnership, Inc. 4.2 Cinco de Mayo Day Proclamation - Juan Sabines Guerrero, Mexican Consul of the Mexican Consulate in Orlando 4.3 Homeownership Month Proclamation - Terry Malcolm-Smith, Economic Development and Housing Department 4.4 Relay for Life Weekend Proclamation - Nichole Tenderholt, Relay for Life Event Coordinator 4.5 Drinking Water Week Proclamation - David Porter, Director of Public Utilities 4.6 Water Reuse Week Proclamation - David Porter, Director of Public Utilities 5. Approval of Minutes 5.1 Approve the minutes of the April 19, 2018 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 5/2/2018 May 3, 2018City 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 Award a contract/purchase order in the amount of $500,000 to General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period May 1, 2018 through April 30, 2019; award a contract/purchase order in the amount of $750,000 to General Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings for the period May 1, 2018 through April 30, 2019, including two one-year renewal terms for each and authorize the appropriate officials to execute same. (consent) 7.2 Approve an amendment allowing for a time extension to the existing grant between the City of Clearwater and the Florida Department of Environmental Protection Land and Water Conservation Fund for the renovations and improvements at Moccasin Lake Nature Park and authorize the appropriate officials to execute same. (consent) 7.3 Approve the recommendation made by the Public Art and Design Board (PADB) for the commission of a public art installation for the St. Petersburg College East Community Library located at 2465 Drew Street, as designed by Gus and Lina Ocamposilva for the total cost of $60,000 to be funded from the Library CIP code 0315-93530. (consent) 7.4 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Years 2018/19 special events including four annual city events and twenty-two city co-sponsored events at an estimated General Fund cost of $577,060 ($110,750 cash contributions and $466,310 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,320 for the purposes of Fiscal Year 2018/19 departmental budget submittals. (consent) 7.5 Approve an Engineer of Record (EOR) Work Order to McKim and Creed, Inc. in the amount of $190,800 for the Marshall Street and East WRF Basins Inflow and Infiltration Permanent Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 5/2/2018 May 3, 2018City Council Meeting Agenda 7.6 Approve an annual blanket purchase order (contract) to Toter Incorporated of Statesville, NC for residential container purchases in accordance with City Code of Ordinances, Section 2.564, Exceptions to bid and quotation procedure (d) authorizing use of contracts previously awarded by other governmental entities, in the annual amount of $175,000 with four one-year renewal terms at the City’s option, as required by the Solid Waste Department, and authorize the appropriate officials to execute same. (consent) 7.7 Appoint Jerri Menaul to the Public Art and Design Board with a term to expire April 30, 2022. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida and pass Ordinance 9129-18 on first reading. (VAC 2018-04) 8.2 Approve the request from property owner Drs. Kiran Patel and Pallavi Family Foundation Inc. to vacate a portion of Public Right-of-Way of Damascus Road abutting the owner’s property and an Ingress and Egress Easement located on the owner’s property, pass Ordinance 9130-18 on first reading. (VAC2018-03) 8.3 Declare surplus certain real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East for the purpose of sale to the abutting property owner and authorize the appropriate officials to execute same. (APH) 9. Second Readings - Public Hearing Page 4 City of Clearwater Printed on 5/2/2018 May 3, 2018City Council Meeting Agenda 9.1 Continue to May 17, 2018: Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, being bound by Franklin Street to the North, South Garden Avenue to the East, Court Street to the South, and South Fort Harrison Avenue to the West; subject to, among other things, a blanket general utility, drainage and gas easement to be reserved over the entire right-of-way to be vacated herein, subject to the granting of certain private utility easements. 9.2 Adopt Ordinance 9134-18 on second reading, annexing certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.3 Adopt Ordinance 9135-18 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 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.4 Adopt Ordinance 9136-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.5 Adopt Ordinance 9137-18 on second reading, annexing certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.6 Adopt Ordinance 9138-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.7 Adopt Ordinance 9139-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 5 City of Clearwater Printed on 5/2/2018 May 3, 2018City Council Meeting Agenda 9.8 Adopt Ordinance 9140-18 on second reading, annexing certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.9 Adopt Ordinance 9141-18 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 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.10 Adopt Ordinance 9142-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10. City Manager Reports 10.1 Amend Section 2.251 of the Clearwater Code of Ordinances, increasing the composition of the Sister Cities Advisory Board from six to seven members to include an at-large member and pass Ordinance 9133-18 on first reading. 10.2 Approve a Contract for Sale of Real Property in the amount of $137,000 between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. for city-owned property formerly used as a portion of Damascus Road and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. 10.3 Appoint one member to the Community Development Board as the alternate member with a term to expire April 30, 2022. 11. City Attorney Reports 12. Other Council Action 12.1 Advantage Group Letter submitted by Bud Elias. 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4382 Agenda Date: 5/3/2018 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: International AIDS Candlelight Memorial Day - Ellen Bauer, AIDS Partnership, Inc. - Ms. Ellen Bauer, AIDS Partnership, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4527 Agenda Date: 5/3/2018 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: Cinco de Mayo Day Proclamation - Juan Sabines Guerrero, Mexican Consul of the Mexican Consulate in Orlando SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4529 Agenda Date: 5/3/2018 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: Homeownership Month Proclamation - Terry Malcolm-Smith, Economic Development and Housing Department SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4530 Agenda Date: 5/3/2018 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: 4.4 SUBJECT/RECOMMENDATION: Relay for Life Weekend Proclamation - Nichole Tenderholt, Relay for Life Event Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4528 Agenda Date: 5/3/2018 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: 4.5 SUBJECT/RECOMMENDATION: Drinking Water Week Proclamation - David Porter, Director of Public Utilities SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4531 Agenda Date: 5/3/2018 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: 4.6 SUBJECT/RECOMMENDATION: Water Reuse Week Proclamation - David Porter, Director of Public Utilities SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4544 Agenda Date: 5/3/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the April 19, 2018 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 5/2/2018 City Council Meeting Minutes April 19, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, April 19, 2018 6:00 PM Council Chambers City Council Draft City Council Meeting Minutes April 19, 2018 Page 2 City of Clearwater Rollcall Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caude ll, Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Jefferson Cox from Grace Lutheran Church 3. Pledge of Allegiance – Vice Mayor 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 April Service Awards One service award was presented to a city employee. 4.2 Habitat for Humanity Build Local Week Proclamation, April 15-21, 2018 - Mike Sutton, CEO of Habitat for Humanity of Pinellas County, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the April 4, 2018 City Council Meeting as submitted in writt en summation by the City Clerk. Councilmember Cundiff moved to approve the minutes of the April 4, 2018 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes April 19, 2018 Page 3 City of Clearwater 6. Citizens to be heard re items not on the agenda Tom Rask said yesterday's circuit court ruling stated that the land under the Clearwater Beach Recreation Center is not owned by the City. He said a letter by the State of Florida stated the land under the Sand Pearl is owned by the State. In 2007, the City leased that land to the Sand Pearl Resort; the executed development agreement stated that it was determined the City owned the land by fee simple title. He requested copies of records that show what the City has done to correct this matter. 7. Consent Agenda – Approved as submitted. 7.1 Approve forgivable loan to Abilities of St. Andrews Cove, Inc. of Florida in an amount not to exceed $318,600 to rehabilitate six multi-family units for rent at St. Andrews Cove apartment complex and authorize the appropriate officials to execute all instruments required to affect loan closing. (consent) 7.2 Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, Fl in the amount of $150,480 for lock box services for the City of Clearwater, from May 1, 2018 through April 30, 2021, with the option of two two -year renewal terms and authorize the appropriate officials to execute same. (consent) 7.3 Approve an agreement with InfoSend, Anaheim, California, in the amount of $1,440,000 for utility bill print and mail, from May 1, 2018 through April 30, 2021, with two two -year renewal options and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton 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 request from City of Clearwater staff to vacate a portion of public right -of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right -of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) As a pre-requisite to a land swap between the City of Clearwater and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to Draft City Council Meeting Minutes April 19, 2018 Page 4 City of Clearwater vacate a portion of Haven Street and certain real property that was dedicated as Right-of-Way in Official Records Book 4867, Page 1478. The portion of property that remains in City ownership following the vacation will represent one of the three parcels to be swapped in the property exchange between the City and COS. The land swap, which is outlined in more depth in that certain Contract for Exchange of Real Property agenda item, being presented for City Council consideration simultaneously herewith, will provide for the exchange of three city owned properties in return for a strategic downtown property owned by the COS. There are four conditions to this vacation. 1) the declaration of surplus of the city-owned portions of real property; 2) City Council approval of the Contract for Exchange of Real Property along with the closing on, and conveyance of, the property as contemplated in the contract; 3) The City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated; and 4) Easements will need to be granted to private utility companies so that they may sustain their existing utilities, as well. All city departments have reviewed this vacation and have no objection. In response to questions, the City Attorney said all three associated agenda items must pass; the vacating item is contingent on the land swap. Assistant City Attorney Laura Mahony said the vacation is conditioned on four things: a declaration of surplus of the three parcels, a contract and a conveyance of the property, a blanket utility and private utility easements. Haven Street and a parcel the City owns in fee simple just to the south were dedicated separately (one by plat and one by dedication of the City); if vacated, it will no longer be dedicated for public use and will be owned by the City in a proprietary capacity. Discussion ensued with concerns expressed regarding the urgency to pursue with the items at the current time while a master parking study is underway. Councilmember Cundiff moved to approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida. The motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Cretekos, Councilmember Cundiff and Councilmember Draft City Council Meeting Minutes April 19, 2018 Page 5 City of Clearwater Allbritton Nays: 2 - Vice Mayor Caudell and Councilmember Hamilton 8.2 Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) The City is the owner of three parcels of land more particularly described as: 1. 600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2. Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3. The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be One Hundred Sixty-Five Thousand dollars ($165,000.00). The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over City-owned lots 34 and 45 of Court Square Subdivision was dedicated by Resolution No. 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square feet. The appraised value of right-of-way/city Draft City Council Meeting Minutes April 19, 2018 Page 6 City of Clearwater owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be Two Hundred Thousand dollars ($200,000.00). The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is Ninety Thousand dollars ($90,000.00). The property owned by COS, to be granted to the city is a paved parking lot in disrepair at the southwest corner of Martin Luther King Jr Avenue and Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $640,000.00. The Nolen Project in the downtown core creates a need for public parking. It is contemplated that the property to be conveyed to the city will provide some needed parking. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. In response to questions, Engineering Director Scott Rice said the preliminary layout of the property, which is located next to Fire Station 45, showed a sedimentation pond; after further review, it was determined that there is sufficient property at the fire station site to support development and sedimentation control. There is considerable amount of underground utilities on Haven Street. Assistant City Attorney Laura Mahony said the City maintains a blanket easement as a condition. CRA Executive Director Amanda Thompson said the urgency behind obtaining this parcel is because it is next to three key properties, providing the City an opportunity to attract a new restaurant or retail over the next six months. Since an RFP (Request for Proposals) is being released for housing on two other CRA-owned properties that are within walking distance, it is important to show progress with retail and restaurants in this area in order to increase property values in this area. On the long term, CRA would be able to control redevelopment of the site which is located on an important corner. Regarding transit oriented development, Ms. Thompson said it is important to remember parking will always be on a continuum; there will be multiple strategies to address the different stages of development. As the density of people and housing increases in Downtown, the need for Draft City Council Meeting Minutes April 19, 2018 Page 7 City of Clearwater surface parking lots will increase. Ms. Mahony said the value of the property is $185,000 more than the value of the property the City is giving. The square footage the City is acquiring is more than three times the square footage the City is giving. As a condition to the vacation, City will have ingress, egress and access in drainage, utilities, gas, blanket easement over the property. Councilmember Cundiff moved to declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. The motion failed for lack of a second. No Action. 8.3 Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and pass Ordinance 9123-18 on first reading. (ANX2017-12026) This voluntary annexation petition involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The applicant is requesting annexation in order to redevelop the property with a new residential subdivision; however, no site plan has been submitted at this time. The property is contiguous to existing city boundaries along the east. The applicant has also submitted applications to change a 9.20-acre portion of the property’s Future Land Use Map designation for from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) (LUP2018-02001) and to rezone the entire property (24.46 acres) to the Low Medium Density Residential (LMDR) District (REZ2017-12013) upon annexation into the City of Clearwater. Draft City Council Meeting Minutes April 19, 2018 Page 8 City of Clearwater The Planning and Development Department determined that the proposed annexation is consistent with the provisions of the Clearwater Community Development Code Section 4-604.E. as follows: • The parcel currently has a well for potable water, and Pinellas County would provide water service when the property is redeveloped. The closest sanitary sewer line is in the adjacent Lake Shore Lane right-of-way. The applicant is aware that they are responsible for evaluating the proper method to connect to the City’s sewer system, as well as for the additional costs to extend and connect to the sewer system and any for upgrades to the existing system that may be necessary to receive additional wastewater flows. Collection of solid waste will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The property proposed for annexation is contiguous to existing City boundaries along the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Senior Planner Lauren Matzke said staff is requesting that Item 8.3 be withdrawn due to issues with the application processing. 8.4 Approve a Future Land Use Map Amendment for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation and pass Ordinance 9124-18 on first reading. (LUP2018-02001) This Future Land Use Map amendment application involves 9.20 acres of a Draft City Council Meeting Minutes April 19, 2018 Page 9 City of Clearwater 24.46-acre property located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. The applicant is requesting to amend the Future Land Use Map designation on a 9.20-acre portion of the subject property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater), indicating the intention to redevelop the site as a residential subdivision; however, no plans have been submitted at this time. The 10.16 acres of land currently designated as Residential Low (RL) in the County will continue to be designated as Residential Low (RL) on the City’s map upon annexation, and the existing 4.8-acre stormwater pond, which is undesignated on Pinellas County’s Future Land Use Map, will be appropriately designated upon annexation as Water/Drainage Feature, consistent with the City’s Comprehensive Plan. The applicant has submitted a Petition for Annexation (ANX2017-12026) and a Zoning Atlas Amendment (REZ2017-12013) which are being processed concurrently with this case. The proposed Residential Low (RL) category would permit development at a density of 5 dwelling units per acre or a floor area ratio (FAR) of 0.40. The applicant provided a Habitat Assessment Memo which concluded that the majority of the upland area on the property is characterized by various grasses that are maintained by mowing and are therefore incorrectly currently designated as Preservation (P) on the County’s Future Land Use Map. The proposed Residential Low (RL) future land use category will allow development that is in character with the surrounding properties and neighborhoods. The Transportation/Utility (T/U) Overlay is proposed along the western boundary of the subject property to recognize the utility transmission lines located in an easement and is an appropriate category because this easement is less than 10 acres in size. The Planning & Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Draft City Council Meeting Minutes April 19, 2018 Page 10 City of Clearwater Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Staff withdrew item. 8.5 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 1500 Country Lane West and 1505 Country Lane East and pass Ordinances 9134-18, 9135-18 and 9136-18 on first reading. (ATA2018-03001) The City is bringing these properties into its jurisdiction in compliance with the Agreements to Annex (ATAs) signed by Ager Construction Corporation in August 1977 and by Emanuel Boutzoukas in May 1985. These voluntary annexation petitions involve 0.801 acres consisting of two parcels of land occupied by single family homes. The parcels are located on the south side of Country Lane West and Country Lane East, approximately 525 feet south of SR 590 and ½ mile east of US Highway 19 North. The properties are located within an enclave and are contiguous to existing city limits along at least one 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 annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive sanitary sewer service from the City and receive water service from Pinellas County. Solid waste service will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Draft City Council Meeting Minutes April 19, 2018 Page 11 City of Clearwater Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.1.3 Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. • 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 the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexation is 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 1500 Country Lane West and 1505 Country Lane East. The motion was duly seconded and carried unanimously. Ordinance 9134-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9134-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Ordinance 9135-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9135-18 on first reading. The motion was duly seconded and upon roll call, the Draft City Council Meeting Minutes April 19, 2018 Page 12 City of Clearwater vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Ordinance 9136-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9136-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 8.6 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 1756 El Trinidad Drive East and pass Ordinances 9137 -18, 9138-18 and 9139-18 on first reading. (ANX2018-03004) This voluntary annexation petition involves 0.184 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the west side of El Trinidad Drive East approximately 890 feet north of SR 590. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the west, north and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RL) and be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer main is located in the El Trinidad Drive East right-of-way. The applicant is aware that the sewer impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the city sewer main. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Draft City Council Meeting Minutes April 19, 2018 Page 13 City of Clearwater Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the Countywide Plan designation for the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to all property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits along to the west, north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cundiff 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 1756 El Trinidad Drive East. The motion was duly seconded and carried unanimously. Ordinance 9137-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9137-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Councilmember Hamilton departed Chambers at 6:58 p.m. Ordinance 9138-18 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9139-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Draft City Council Meeting Minutes April 19, 2018 Page 14 City of Clearwater Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Ordinance 9139-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9139-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3018 Glen Oak Avenue North and 3047 Hoyt Avenue and pass Ordinances 9140 -18, 9141-18, and 9142-18 on first reading. (ANX2018-01003) These voluntary annexation petitions involve 0.385 acres consisting of two parcels of land occupied by single-family dwellings. The properties are located generally north of Drew Street, south of SR 590 and within ¼ mile west of North McMullen Booth Road. The applicants are requesting annexation in order to be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The properties are located within an enclave and are contiguous to existing city boundaries on at least one side. 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 annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City of Clearwater. The applicants will connect to the City’s sanitary sewer service when it is available and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Draft City Council Meeting Minutes April 19, 2018 Page 15 City of Clearwater 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 the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City boundaries on at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cundiff 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 3018 Glen Oak Avenue North and 3047 Hoyt Avenue. The motion was duly seconded and carried unanimously. Ordinance 9140-18 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9140-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Ordinance 9141-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9141-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Councilmember Hamilton entered Chambers at 7:02 p.m. Draft City Council Meeting Minutes April 19, 2018 Page 16 City of Clearwater Ordinance 9142-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9142-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the A -E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane upon annexation; and pass Ordinance 9125-18 on first reading. (REZ2017-12013) This Zoning Atlas amendment involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The applicant is requesting to rezone the subject property from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District, indicating the intention to redevelop the site with a new residential subdivision; however, no site plan has been submitted at this time. The applicant has submitted a petition for annexation (ANX2017-12026) and a Future Land Use Map amendment which are being processed concurrently with this case (LUP2018-02001). Currently the property has two zoning districts, A-E Agricultural Estate Residential District, which is designated along the southern half of the site, and the and R-3 Single Family Residential District, which is designated along the northern half, more or less, of the site. The applicant is requesting rezoning to establish a single zoning for the entire parcel, allowing the applicant to create a cohesive development consistent with adjacent developments. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. • The proposed Low Medium Density Residential (LMDR) District boundary is appropriately drawn in regard to location and classification Draft City Council Meeting Minutes April 19, 2018 Page 17 City of Clearwater of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Staff withdrew item. 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9101-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Residential/Office General (R/OG) to Commercial General (CG). Eight individuals spoke in opposition. Three individuals spoke in support. One individual said the building currently supports incubator types of businesses. In response to questions, Economic Development and Housing Director Denise Sanderson said staff conducted an economic analysis based on industry standards for self-storage warehouses and professional/scientific services. The information was based on potential future use, not the existing use as an office building. For self-storage warehouses, the analysis projected 4.3 jobs over a 10-year period with $1.5 million in salaries; professional/scientific services projected 210 jobs with $ 51.9 million in salaries. The salary estimates do not include tax, sales, purchases, or property tax revenues, which be received regardless of the future use of the site. Discussion ensued with comments made that the city cannot dictate the Market and that the existing facility is not a well building. A concern was expressed that the neighborhood is opposed to the request, city staff did not recommend approving the request, and that the current facility provides Class C office space to business that cannot afford Class A/B office space. In response to questions, Planning and Development Director Michael Delk said staff is adjusting the value of the property with the proposed Draft City Council Meeting Minutes April 19, 2018 Page 18 City of Clearwater rezoning change; the asking sale price is based on a zoning district that does not exist. There is a range of permitted uses in the Commercial district. Ordinance 9101-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9101-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton and Councilmember Allbritton Nays: 1 - Councilmember Cundiff 10.2 Adopt Ordinance 9102-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Office (O) to Commercial (C). Ordinance 9102-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9102-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton and Councilmember Allbritton Nays: 1 - Councilmember Cundiff The Council recessed from 7:55 p.m. through 8:00 p.m. 11. City Manager Reports 11.1 Increase the allotted Full Time Equivalents (FTEs) assigned to the Police Department by 14; authorize purchase of an additional 8 Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $262,840; authorize purchase of 6 additional Police Ford Explorer vehicles in Fiscal Year 2018/2019; authorize purchase of law enforcement related equipment costs associated with the additional FTEs, with an amount not to exceed $246,245; authorize an increase in the Police Dep artment’s operating budget, for the current year’s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $400,332, and authorize the appropriate officials to execute same. In the wake of the shooting incident, which occurred at Marjory Stoneman Douglas High School on February 14, 2018, the Florida Legislature passed Senate Bill 7026 Draft City Council Meeting Minutes April 19, 2018 Page 19 City of Clearwater (the Marjory Stoneman Douglas HS Public Safety Act). The bill was signed by Governor Scott on March 9, 2018. The bill contains several pertinent requirements for law enforcement, which will impact the City of Clearwater and the Clearwater Police Department. Fundamentally, this legislation requires each district school board to partner with law enforcement agencies to “establish or assign one or more safe school officers at each school facility within the district” by implementing a combination of options which best meet the needs of the school district; the definition of school facility includes Charter schools. Those options include mutual aid agreements, implementing a School Marshall Program, or assigning a School Resource Officer (SRO). The Pinellas School District has already determined that the School Marshall Program will not be implemented in Pinellas County and has chosen to expand the use of School Resource Officers throughout Pinellas County. Additional duties impacting law enforcement which are outlined within the legislation include providing general security, site risk assessments, monthly emergency preparedness drills, and threat assessments relating to the campus. This legislation also requires that School Resource Officer(s) are present whenever students are present for school. This will require additional relief personnel to provide law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons (i.e., required court appearances, making arrests, training, sick leave, etc.). The Pinellas Sheriff and all Pinellas County Chiefs of Police have identified the relief factor of 1.2 to be applied to all Pinellas County School Resource Officer positions, to adequately provide security at these facilities in the absence of the assigned School Resource Officer. Additionally, Pinellas County has identified the appropriate SRO/Student ratio to be 1 officer per 1,500 students. The Clearwater Police Department currently has 3 permanently assigned School Resource Officers. They are assigned to the following schools: •Oak Grove Middle School •Countryside High School •Clearwater High School. Supervision of these officers is currently accomplished through 1 sergeant, who is also assigned other duties unrelated to the School Resource Officer Program. Based upon this legislation and related mandates, the Clearwater Police Department would be required to supply School Resource Officers to the following: 1.Belleair Elementary 2.Eisenhower Elementary 3.Leila Davis Elementary 4.Sandy Lane Elementary 5.Skycrest Elementary 6.Plumb Elementary 7.Kings Highway Magnet 8.Plato Clearwater Draft City Council Meeting Minutes April 19, 2018 Page 20 City of Clearwater 9.Clearwater Fundamental 10.Countryside High School (one additional SRO, based upon student population) 11.Clearwater High School (one additional SRO, based upon student population) 12.Relief Officer (based upon established ratio) 13.Relief Officer (based upon established ratio). A supervisor will also be necessary to manage these additional positions and responsibilities. This brings the total additional needed personnel to comply with the legislation to 14 FTEs. There are two additional schools (Calvin Hunsinger and Clearwater Intermediate) which are within city boundaries. However, the Pinellas County School Board Police Department has agreed to maintain officer(s) at these facilities at the required ratios. Cost and Budgetary Implications: The legislation creates requirements of law enforcement state-wide which are largely unfunded. Currently, the Pinellas County School Board provides a portion of funding of the Police Department’s current School Resource Officers, at a rate of $57,944.64 per officer, for a total of $173,833.92 during the existing school year. The Police Department provides funding for the remainder of the employee salary and benefits through Florida Contraband Forfeiture Funds in the amount of $124,939.00. The Pinellas County School Board proposes providing funding, consistent with the current rate, for new School Resource Officer positions created as a result of this legislation. However, relief positions, supplemental positions (based upon student population), and supervisory positions are exempt from reimbursement. There is insufficient funding within the Florida Contraband Forfeiture Fund to provide funding for, or maintain funding for, these additional officers. Furthermore, the Marjory Stoneman Douglas HS Public Safety Act does not provide funding for the costs associated with providing essential law enforcement equipment for these required positions. Currently, the equipment costs associated with an individual officer total $55,808.03, as outlined in the below table. Total equipment costs for 14 officers equals $781,312.42. The Police Department does not possess sufficient funding to absorb these costs within its current operating budget. Category Costs # Total Laptop $1,200.00 14 $16,800.00 Remote Access (Data) $240.00 14 $3,360.00 Smart Phone Monthly Fees $864.00 14 $12,096.00 Portable Radio $1,507.00 14 $21,098.00 Uniforms & Equipment $1,114.81 14 $15,607.34 Draft City Council Meeting Minutes April 19, 2018 Page 21 City of Clearwater Bullet Resistant Vest $750.00 14 $10,500.00 Issued Firearm $850.00 14 $11,900.00 AR15 Rifle $1,420.00 14 $19,880.00 Taser $1,500.00 14 $21,000.00 Police Vehicle $32,855.00 14 $459,970.00 Vehicle Upfitting $9,000.00 14 $126,000.00 Vehicle Radio $4,507.22 14 $63,101.08 Grand Total $55,808.03 $781,312.42 The demand for these officers will require the Police Department to incentivize individuals to accept or request assignment to these positions. The Police Department proposes additional compensation to officers assigned to School Resource Officer positions at 5 percent of the officer’s salary. For an officer in Step One of the current contract between the City of Clearwater and the Fraternal Order of Police, Lodge 10, this equates to $2,662.67 annually. Under current contract, officers assigned to these positions receive a $40.00-stipend per pay period, which equates to $1,040.00 annually. Based on these factors, the costs personnel and equipment costs associated with an individual officer within Step One of the contract would be: Note: Though the Step One Officer salary used to approximate the financial impact of these positions, the Police Department does not intend to place newly hired officers into these assignments, as this would impede employee development and not provide appropriate officer experience within these critical settings. Currently, the City is entering negotiations with the Fraternal Order of Police, Lodge 10, and the future personnel costs, based upon these negotiations, are not known. The below chart outlines the costs associated with the salary and equipment costs of the 14 additional positions needed to comply with the mandates outlined in the Marjory Stoneman Douglas HS Public Safety Act: Draft City Council Meeting Minutes April 19, 2018 Page 22 City of Clearwater The below chart outlines the costs associated with the 3 existing School Resources Officers when coupled with the salary and equipment costs of the 14 additional positions needed to comply with this mandate: Because of these mandates, the Police Department seeks approval for the following: •Increase the allotted FTEs assigned to the Police Department by 14 positions as outlined above (13 Police Officers / 1 Police Sergeant), allowing the Police Department to begin hiring and training these personnel immediately. •Purchase of 8 additional Police Ford Explorer vehicles in the current fiscal year, and 6 additional Police Ford Explorers in the 2018/2019 fiscal year. •Based upon the anticipated need for law enforcement equipment and vehicles throughout the State of Florida (as all law enforcement agencies endeavor to comply with this statute), authorize the immediate purchase of law enforcement equipment directly related to the hiring of the above personnel, with vendors to include, but not limited to, the following: oAllen Jay Fleet Sales, Inc. (not to exceed $265,000.00); oCommunications International, Inc. (not to exceed $65,000.00); oEnforcement One, Inc. (not to exceed $80,000.00); oAxon, Inc. (not to exceed $25,000.00); oFlorida Bullet, Inc.; oGalls, Inc; oSignal 15, Inc. •Authorize an increase in the Police Department’s operating budget, to incorporate the associated increase in personnel and related costs, not to exceed $400,332: oThe cost of these new positions, for the remainder of the current 2017/2018 fiscal year, equates to: $383,487.98 oIt is anticipated the Police Department will be required to increase the number of Field Training Personnel by 5 additional full-time training officers. Based upon existing contracts, these personnel received 5 percent additional pay of their base salary when training. This amount is approximated at: $16,843.70. Draft City Council Meeting Minutes April 19, 2018 Page 23 City of Clearwater APPROPRIATION CODE AND AMOUNT: A third quarter budget will amend Police Department cost center 0101138, School Resource Officers, by expenditures to date, not to exceed $909,000 offset with revenues from General Fund Reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in an amount not to exceed $909,000 for expenditures to date for staffing and costs associated with the increase of SRO’s as required by mandates resulting from the Marjory Stoneman Douglas HS Public Safety Act. Inclusive of this item if approved, a net total of $8,400,630 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $8.4 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $1.9 million, or 1.4% of the current General Fund operating budget. Police Chief Dan Slaughter provided a PowerPoint presentation. Pinellas County School Superintendent Michael Grego said the Florida Legislature passed legislation requiring school resource officers in public schools, which will be effective on July 1. Staff has met with Pinellas County Sheriff and local police chiefs to create an affordable plan. He said the Pinellas County Commission does not have an appetite to raise the millage in order to fund the additional SROs. The School District is trying to employ 80 school police officers at a reduced cost (close to the $2.9 million being provided by the State). Pinellas County School Board Vice Chair Peggy O'Shea said the school police officers must be in place by the beginning of the school year; the 82 must be knowledgeable trained law enforcement. The law is now requiring these officers to be in elementary schools. The school officers are former police officers who work well with the elementary students. In response to questions, Dr. Grego said continuing the item before Council for two weeks would allow staff to work with Chief Slaughter to find an amicable resolve. He said assigning a vehicle to school officers is not necessary since they would not transport students and the State does not provide funding for the vehicles. He said understood the City's desire to fully outfit the school officers but it is not realistic given the financial constraints. Chief Slaughter said the State is providing funds to harden schools. Dr. Grego said he would provide Council with a copy of the Sandy Hook Draft City Council Meeting Minutes April 19, 2018 Page 24 City of Clearwater Promise. Vice Mayor Caudell moved to continue Item 11.1 to May 3, 2018. The motion was duly seconded and carried unanimously. 11.2 Award a construction contract to KAT Construction and Materials, Inc., of Clearwater, FL, in the amount of $552,036.20 for the Water Treatment Plant (WTP) Fluoride Addition - WTP 1 and WTP 2 project (16-0031-UT); approve Engineer of Record (EOR) Supplemental 1 Work Order from Tetra Tech in the amount of $140,097; approve a Funding Agreement with the State of Florida Department of Health (FDOH) in the amount of $155,000 and authorize the appropriate officials to execute same. This project will install fluoride feed facilities at WTP 1 and WTP 2. Equipment includes pumps, storage containers, and electrical instrumentation and controls. Two bids were received and KAT Construction and Materials, Inc., was the lowest responsible bidder in accordance with plans and specifications. EOR Tetra Tech evaluated the bids and recommends awarding the contract to KAT Construction Materials, Inc. September 1, 2016, City Council approved an initial work order for design, permitting and bidding of improvements at WTP 1 and WTP 2 for the addition of fluoride to the potable water system to EOR Tetra Tech in the amount of $142,740. Supplemental 1 Work Order to Tetra Tech is for Grant Reporting Assistance, and Construction Engineering and Inspection Services during construction in the amount of $140,097, for a new work order value of $282,837. The funding agreement between the City of Clearwater and FDOH includes reimbursement of up to $155,000 with no match or cost by the City of Clearwater. It is anticipated construction will be completed within 330 calendar days from Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining WTP 1 and WTP 2 Facilities. APPROPRIATION CODE AND AMOUNT: 0315-96764-563800-533-000-0000 $276,018.10 0315-96767-563800-533-000-0000 $276,018.10 0315-96764-561300-533-000-0000 $ 70,048.50 0315-96767-561300-533-000-0000 $ 70,048.50 Funds are available in capital improvement projects 0315-96764, RO Plant Exp-Res 1, in the amount of $346,066.60 and $346,066.6 from 0315-96767, RO Draft City Council Meeting Minutes April 19, 2018 Page 25 City of Clearwater Plant @ Res 2, to fund the project. A concern was expressed that the science of fluoridated water is unsettled and that it is unethical to force medical treatment on people. Vice Mayor Caudell moved to award a construction contract to KAT Construction and Materials, Inc., of Clearwater, FL, in the amount of $552,036.20 for the Water Treatment Plant (WTP) Fluoride Addition - WTP 1 and WTP 2 project (16-0031-UT); approve Engineer of Record (EOR) Supplemental 1 Work Order from Tetra Tech in the amount of $140,097; approve a Funding Agreement with the State of Florida Department of Health (FDOH) in the amount of $155,000 and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton and Councilmember Allbritton Nays: 1 - Councilmember Cundiff 11.3 Approve the Contract for Exchange of Real Property providing for the exchange of certain city-owned real property for a strategic parcel in the downtown core which is of greater value and is owned by the Church of Scientology Flag Service Organization, Inc. (COS), authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. The Nolen Project in the downtown core creates a need for public parking. The property at the Southwest corner of Cleveland Street and S. Martin Luther King Jr. Avenue at 1133 Cleveland Street abuts the Nolen Project and will provide needed parking. This property will be conveyed to the City by COS in exchange for three city-owned properties as more particularly described below. The COS property appraised at $640,000.00 by James Millspaugh & Associates, Inc. In exchange for this COS property, the City of Clearwater will convey three parcels of land more particularly described as: 1. 600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2. Dedicated Right-of-way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Draft City Council Meeting Minutes April 19, 2018 Page 26 City of Clearwater Page 53, Public Records of Pinellas County, Florida. 3. The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be $165,000.00. The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over city-owned lots 34 and 45 of Court Square Subdivision was dedicated by Resolution 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square feet. The appraised value of right-of-way/city-owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be $200,000.00. The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $90,000.00. This contract is contingent upon three pre-requisites. The first being the declaration of surplus of these three City owned parcels. The second pre-requisite is the vacation of Haven Street, along with real property dedicated as right-of-way in Official Records Book 4867, Page 1478, of the Public Records of Pinellas County, Florida. The third is the City being granted adequate access to the COS Property in accordance with the timeframes contemplated in the contract for purposes of conducting inspections and investigations, including environmental investigations. If any of these pre-requisite items fail to come to fruition, this contract will be null and void. Draft City Council Meeting Minutes April 19, 2018 Page 27 City of Clearwater The City Attorney said since Council did not declare the property surplus, Item 11.3 cannot be approved. 11.4 City Hall Relocation Following the approval of the referendum supporting the Imagine Clearwater initiatives last November, staff began looking at different ways to advance Imagine at a quicker pace. Staff feels the pressure from Downtown Stakeholders and others to avoid losing the momentum created by Imagine Clearwater. In February the Council approved preliminary design on the project, and staff expects the full design to be completed in 2019. Looking toward to 2019, staff has been working to identify possible hurdles to the implementation of Imagine, and City Hall has been identified as a significant one. The main issue with the City Hall site surrounds the proposed multi-modal site that PSTA is planning for, and the possibility of a joint city/county building on the site where the current PSTA transfer station sits. While discussions with the County on a joint facility are ongoing, the leading candidate for construction of such a building is on the site currently housed by PSTA’s downtown transfer station, which will not be relocated until after PSTA’s multi-modal facility has been constructed, which is estimated to be in 2021. This means that if we do choose the PSTA site to construct a new City Hall, construction would not be able to commence until at least 2021, and potentially further out. Should we choose not to move City Hall to the PSTA site, funding will be an issue. City Hall is currently funded for Penny IV, which means funds to construct a new City Hall would not be available until 2020 at the earliest, and in that case, only if other projects were pushed out further. All of these timelines disrupt our ability to advance Imagine Clearwater. The City Hall site is a key part of the plan, for the targeted mixed use of the site, as well as the funds that will be generated by that sale or lease of the property. In an effort to mitigate the above issue, staff began to review possible solutions to this complex issue. What resulted was a review of the carrying costs of City Hall. That review was then updated in April of 2018 to include estimated costs for the upcoming year and the addition of a line item for Building Security, which had not been contemplated in the 2017 review. These costs break out into three categories. Hard costs, which are costs that are directly attributed to occupation of City Hall. Soft costs, which are costs that are estimated for Building Maintenance and A/C system work and are estimated based on the impact of particular building to the system as a whole. Capital costs that are attributed to long term replacement or renovation of various major expense items and are typically budgeted for over several years. Draft City Council Meeting Minutes April 19, 2018 Page 28 City of Clearwater Hard Costs: Soft Costs: Capital Costs: Total Costs: The City Manager said after the city hall relocation discussion at Work Session, Assistant City Manager Micah Maxwell researched additional alternatives and requested Council's direction. Mr. Maxwell said in relation to the question to go out to RFP for a city hall location, he reached out to Idatix who recently lost a tenant. The building has the required square footage, but the location and office space available is not a direct comparison to the space available in One Clearwater Tower. The two locations do not match up in a way that allows staff to match criteria. After speaking with staff, it was determined that this would not go out to RFP due to lack of comparables among available lease spaces. He requested Council to allow staff to speak with entities that would have the required space available, discuss leases and bring recommendations back to Council. In response to questions, Mr. Maxwell said there is still time to discuss leases with available entities as there won't be many to choose from due to the lack of large spaces available in the downtown district. He indicated staff would be able to provide the recommendations in two weeks. Concerns were expressed that vacating city hall was a change in focus for Imagine Clearwater; the first phase was to include the demolit ion of the Harborview Center, and that city hall relocation changes the Imagine Clearwater priorities. Discussion ensued regarding the upcoming upgrades the current city hall building will require. It was stated staff could handle the relocation of city hall to a temporary site as well as the demolition of the Harborview Center and city hall consecutively. The sooner city hall property is vacated, the sooner it could be presented to developers and become an income generator for the City. Electric 49,462.00$ Utilities 94,253.00$ Custodial 51,390.00$ Direct Charge 32,500.00$ Security 46,000.00$ Total 273,605.00$ B&M 51,390.00$ A/C 26,330.00$ Total 77,720.00$ Capital Costs 20,700.00$ Total Cost 293,035.00$ Draft City Council Meeting Minutes April 19, 2018 Page 29 City of Clearwater Two people spoke in opposition. One individual spoke in support. The City Manager said redevelopment of the city hall site is in phase 2 of the Imagine Clearwater plan. Needed security improvements in the building prompted staff to think creatively about how to continue to function in this location. Vice Mayor Caudell moved to direct staff to research possible relocation sites and update Council in two weeks. The motion was duly seconded and carried with the following vote: Ayes: 4 - Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Nays: 1 - Mayor Cretekos 12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said he seconded the motion to approve the vacation in item 8.1 to show good faith for the land swap and said he was going to ask for a delay in the decision to approve the contract for exchange of real property. He said he was not involved in the original negotiations and parking is always a big issue. He wants Economic Development to have a tool to bring in business. Vice Mayor Caudell gave an update on transit items happening in Forward Pinellas and Pinellas County. Forward Pinellas will be working at the federal and state levels on Tiger grant opportunities. PTA and the Ferry are adding more services for Saturday and Sunday for a smoother time to get to the Sugar Sand Festival. Councilmember Hamilton wished the City Clerk a Happy Birthday. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and expressed condolences to the Bush Family for the recent passing of Barbara Bush. Draft City Council Meeting Minutes April 19, 2018 Page 30 City of Clearwater 15. Adjourn The meeting adjourned at 8:37 p.m. Mayor City of Clearwater Attest City Clerk Draft 9'3. Al rte ' F- P'/ /s »' Rae p INTERNATIONALAIDS Preparing for our Future CANDLELIGHT MEMORIAL Join communities around the world 20 May 2018 in the largest grassroots movement Reduce Stigma, Ensure Access, to end the HIV epidemic Increase Resources, Promote Involvement TO FIND MORE INFORMATION ABOUT A MEMORIAL NEAR YOU, PLEASE VISIT: First Presbyterian C h u rc h www. candielightmemorialsorg 455 Scotland Street f hops:// www. facebook . com / CandielightMemorial Dunedin 6 Coordinated by GNP AIDS Partnership, Coordinator i pi G"' A- cm .5 345 co fp t: 3 2 Q s o0 • 4 5 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4525 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a contract/purchase order in the amount of $500,000 to General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period May 1, 2018 through April 30, 2019; award a contract/purchase order in the amount of $750,000 to General Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings for the period May 1, 2018 through April 30, 2019, including two one-year renewal terms for each and authorize the appropriate officials to execute same. (consent) SUMMARY: General Utilities is the lowest responsive and responsible bidder, who met the specifications for Bid 19-18 for both Steel and Polyethylene Pipe/fittings. The equipment purchased will be used for gas distribution mains, service lines and repair/maintenance work. Material is code approved and the pipe and fittings will be used on the Clearwater Gas System Distribution System. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in Pinellas New Mains and Services 315-96377 and Pasco New Mains and Services 315-96378 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/2/2018 CITY OF CLEARWATERITB # 19-18, Polyethylene Pipe/Fittings & Steel Pipe/FittingsDUE DATE: April 4, 2018; 10:00 AMBID TABULATION- Exhibit B- Steel Pipe & FittingsGROUP DESCRIPTION Consolidated Pipe & Supply General Utility Pipe & Supply1 EPOXY COATED STEEL PIPE (Per Foot) 39,639.20$ 26,545.20$ 2 FLANGES 12,064.20$ 10,715.90$ 3 ELBOWS1,834.60$ 1,647.05$ 4 TEES753.40$ 639.90$ 5 CAPS262.76$ 255.53$ 6 REDUCING ELLS -$ 35.84$ 7 REDUCING COUPLINGS 1,134.76$ 1,099.70$ 8 COUPLINGS - CLAMPS - SERVICE SADDLES 17,109.35$ 13,977.50$ 9VEGAS: STAINLESS STEEL REPAIR CLAMP WITH NEOPRENE SEALING GASKET17,480.15$ 18,895.00$ 10SERVICE SADDLES: DOUBLE STEEL STRAP WITH ROLLED THREAD DESIGN, 866.85$ 4,110.00$ 11WIRE (Per Foot)53,100.00$ 56,700.00$ 12CONTINENTAL ADAPTERS, PUNCH TEES AND WRAP AROUNDS90,804.00$ 65,485.50$ 13 DRESSER STYLE COUPLINGS, STYLE 711 48,795.75$ 58,725.00$ 14 IN-LINE INSULATORS 1,303.53$ 1,308.00$ 15 NEOPRENE FACED PHENOLIC GASKET 29,432.20$ 7,175.00$ 16 ELIMINATORS 10,232.30$ 7,747.50$ 17 PIGS: FOAM PIPELINE CLEANERS 2,734.00$ 2,900.00$ 18 T D WILLIAMSON -$ 166,321.00$ 19 MISCELLANEOUS PARTS 50,610.35$ 50,782.50$ EXHIBIT B GRAND TOTAL BID PRICE327,547.05$ 495,066.12$ NOTE: Items with a star ( ) indicates intent to award. CITY OF CLEARWATERITB # 19-18, Polyethylene Pipe/Fittings & Steel Pipe/FittingsDUE DATE: April 4, 2018; 10:00 AMBID TABULATION- Exhibit A- Polyethylene Pipe & FittingsGROUP DESCRIPTION Consolidated Pipe & Supply General Utility Pipe & Supply1 PIPE - 2406 RESIN 362,340.00$ 328,110.00$ 2 PIPE - 3408 RESIN 231,900.00$ 178,400.00$ 3 FITTINGS - 2406 RESIN 17,759.80$ 18,265.50$ 4 FITTINGS - 3408 Resin 5,887.20$ 6,394.90$ 5 TAPPING TEES 3,990.00$ 3,150.00$ 6 TRANSITIONS 25,075.00$ 14,183.20$ 7 POLYVALVES - 2406 RESIN 19,636.75$ 18,720.00$ 8 POLYVALVES - 3408 RESIN 17,341.05$ 14,690.00$ 9 RISERS 44,845.00$ 20,589.00$ 10 STAB FITTINGS - RESIN 2406 -$ -$ 11 STAB FITTINGS - RESIN 3408 66,144.00$ 50,916.00$ 12 ELECTROFUSION TAPPING TEES - RESIN 2406 24,551.30$ 18,526.80$ 13 ELECTROFUSION TAPPING TEES - RESIN 3408 22,812.10$ 14,725.00$ 14 ELECTROFUSION BRANCH SADDLE - RESIN 2406 1,581.50$ 1,154.80$ 15 ELECTROFUSION COUPLINGS - RESIN 2406 3,316.28$ 3,125.00$ 16 ELECTROFUSION BRANCH SADDLE - RESIN 3408 1,750.80$ 1,149.50$ 17 ELECTROFUSION COUPLINGS - RESIN 3408 3,023.06$ 2,560.00$ 18 MISCELLANEOUS MATERIAL 22,727.40$ 45,285.00$ EXHIBIT A GRAND TOTAL BID PRICE 874,681.24$ 739,944.70$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4502 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an amendment allowing for a time extension to the existing grant between the City of Clearwater and the Florida Department of Environmental Protection Land and Water Conservation Fund for the renovations and improvements at Moccasin Lake Nature Park and authorize the appropriate officials to execute same. (consent) SUMMARY: The City was awarded a matching grant in the amount of $200,000 for the renovations of the interpretive center, restrooms, parking and site work at Moccasin Lake Nature Park. The City Council approved this grant award and agreement on April 16, 2015, and formally entered into an agreement with the State of Florida Department of Environmental Protection on June 9, 2015, DEP Contract Number LW625. This agreement expires on June 9, 2018. The proposed amendment extends the agreement for six months through December 9, 2018, to allow construction of the project. Construction began at the park on March 26, 2018 and is scheduled for completion on July 31, 2018. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4509 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the recommendation made by the Public Art and Design Board (PADB) for the commission of a public art installation for the St. Petersburg College East Community Library located at 2465 Drew Street, as designed by Gus and Lina Ocamposilva for the total cost of $60,000 to be funded from the Library CIP code 0315-93530. (consent) SUMMARY: The theme and scope of the project was determined with input from representatives of the project’s construction team, PADB, Parks and Recreation Dept and the Library Department. The desired intent of this project is to commission public artwork that represents the community around the site, the relationship between the campus and the City and the knowledge and empowerment one gains from visiting the library. The Public Art & Design Board appointed an eight- member Selection Panel comprised of individuals representing specific interests and expertise as follows: Neale Stralow - PADB member, Architect Jerri Menaul - PADB member, Artist Stan Vittetoe - SPC Campus Provost Jennifer Obermaier - Library Director Ed Tumber - East Library Manager Josh Bomstein - Creative Contractors Leo Arroyo - Architect Paul Alford - SPC A call to artist was issued in March 2018 and from the 33 responses, three were selected as finalists. The Selection Panel met on April 5, 2018 and reviewed the proposals from two of the finalists, unanimously selecting Gus and Lina Ocamposilva’s yellow and blue sculpture rendering. The PADB is recommending this artist’s proposal of public art work to the City Council for the St. Petersburg College East Community Library. APPROPRIATION CODE AND AMOUNT: Funds are available in the Library CIP code 0315-93530 to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/2/2018 CLEARWATER PUBLIC LIBRARY SYSTEM’S EAST BRANCH LIBRARY ARTWORK PROPOSAL Gus & Lina Ocamposilva www.GusLina.com Email: ocamposilva@hotmail.com Ph: 727-804-2693 Title: “Reaching for Knowledge” Height: 20 feet Footprint: 6-½ ft X 6-½ ft aluminum base. Media: Welded aluminum-powder coating Budget: $60.000 Artist fee, materials, design, fabrication, delivery, taxes. Artist will assist with installation. Price does not include installation, site preparation-concrete pad. Same view can be seen from three different angles. Colors submitted in the rendering could be changed if suggested by the committee. “Reaching for Knowledge” Artistically we are able to fuse contemporary and realistic elements in our sculptures, always being inspired by the human forms. We kept in mind while designing our proposal “Reaching for Knowledge” the interest of the committee for it to be iconic and that energetically and dynamically serve to identify its mission: knowledge, community and empowerment. These three concepts are represented by the three human figures holding a stack of books. ●The knowledge is represented by the books held by the three persons. ●The three persons represent the community and its diversity. ●The empowerment is represented by the three people reaching upward achieving personal growth, becoming stronger and more confident. All these as a consequence of having reached the knowledge. The same view can be seen from three different angles: vehicles and pedestrians from Drew Street (eastbound- westbound) and also from the library’s parking lot. The signature artwork will give identity to the library. Since the artwork will be people accessible we think the best media to use to fabricate it is welded aluminum-powder coating; it is strong enough to withstand wear and tear (it will not rust), constructed with safety in mind for display in public settings. Abstract and figurative, classic and contemporary, our sculptures are made of strong aluminum, but appear soft and fluid. The bended forms incorporate exposed bolts and colorful accents. Color is very important to us. We believe colors are so important in people’s life especially in environments where a colorful sculpture(s) will attract the visitors attention and make them wonder about its meaning. We suggest the best colors to use for the signature artwork are Red with yellow accents or Yellow with blue accents. These colors contrast well outdoor in a open space with the background that has a lot of trees. VIEW 1 Red-Yellow VIEW 2 Red-Yellow VIEW 1 Yellow-Blue VIEW 2 Yellow-Blue MATERIALS SPECIFICATION: Aluminum sheets, tubes, plates, base: The sculpture will be constructed using Aluminum sheet: Very good corrosion resistance and finishability plus excellent weldability. What’s less well-understood is that aluminum can also be some of the toughest stuff on earth. Often, the metal is used in applications where high-strength and durability are the most important considerations – from building material to military vehicles. Powder coating: Powder coating is a type of coating that is applied as a free-flowing, dry powder. It is usually used to create a hard finish that is tougher than conventional paint. Powder coating is mainly used for coating of metals. longest lasting, and most color-durable quality finishes available on virtually any type of metal. Powder coated surfaces are more resistant to chipping, scratching, fading, and wearing than other finishes. STAINLESS STEEL BOLTS, WASHERS, NUTS: Stainless steel does not readily corrode, rust or stain with water as ordinary steel does. The quality of the workmanship, design and the strict engineering standards of the artwork assure public safety, durability and low maintenance. All fabrication is done in house, ensuring high quality workmanship and best possible value for the price. www.GusLina.com Ph: 727-804-2693 ocamposilva@hotmail.com Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4443 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Years 2018/19 special events including four annual city events and twenty-two city co-sponsored events at an estimated General Fund cost of $577,060 ($110,750 cash contributions and $466,310 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,320 for the purposes of Fiscal Year 2018/19 departmental budget submittals. (consent) SUMMARY: According to City Council Policy, Item M - Special Event Fees, there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the FY 18/19 budget, City Council approval will be required. Staff recommended level of cash and in -kind contributions to be included in the various departmental budgets for Fiscal Year 2018/19 for City sponsored and co -sponsored special events as detailed in Special Events Budget Estimates chart for Fiscal Year 2018/19. Also, included on this chart is a list of 32 additional special events requiring some type of support from the Parks and Recreation Special Events Division during Fiscal Year 2018/19. General fund requests increased by $70,540 due primarily to a $26,000 cash contribution to the Florida Orchestra to perform a free concert for the public at Coachman Park as well as an increase of Fire/EMS and Life Safety services of $37,860. This increase addresses the cost incurred for the use of one or more Sunstar Ambulances to either stand by at an event to perform an emergency transport if needed and /or to cover some events the Clearwater Fire Rescue is unable to cover. The increase also addresses the growth in the size of the events and changes in Fire /EMS National Standards for events. Enterprise Fund cost decreased by $5,130 for a grand total increase recommended for Fiscal Year 2018/19 of $65,410. Five events were eliminated from the 2018/19 requests while five new events were added . New events include Chalk Walk Art Festival, Florida Orchestra Performance, Clearwater Beach Food & Wine Festival, Look Up! Clearwater and Downtown Clearwater Festivals. Look Up! Clearwater and Downtown Festivals as well as the Florida Orchestra Performance are geared to promote additional interest in Downtown Clearwater. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 5/2/2018 File Number: ID#18-4443 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/2/2018 Change From Sub-total Previous 2017-18 Year Class 2A - City Sponsored Event (Event is produced by Parks & Recreation Department) 1 Sea-Blues Festival Feb.$0 $1,000 $10,000 $17,580 $10,500 $4,000 $200 $390 $43,670 $26,430 $17,240 27 KnowB4Spring Fling Mar. 2 USF Softball Events Mar.$0 $0 $17,000 $3,540 $0 $0 $200 $0 $20,740 $20,400 $340 28 26th Annual Easter Egg Hunt Mar. 3 Bay2Beach Music & Arts Festival Apr.$0 $2,500 $40,000 $21,900 $8,500 $2,830 $500 $1,380 $77,610 $81,310 -$3,700 29 Cycling for Autism Apr. 4 Clearwater Celebrates America Jul.$0 $900 $10,000 $1,120 $5,500 $1,500 $200 $350 $19,570 $17,420 $2,150 30 Wings, Wheels, & Wine May Class 3A - City Co-sponsored Event (Event is supported by Parks & Recreation Department)31 KnowbB4Holiday Event Dec. 5 Concert Series at Coachman Park Apr. - Jun.$0 $0 $20,000 $5,720 $11,500 $3,300 $0 $0 $40,520 $25,000 $15,520 32 Say No To Drugs Holiday Classic Dec. 6 Super Boat National Championships Oct.$0 $0 $12,500 $15,600 $6,600 $700 $200 $0 $35,600 $36,690 -$1,090 33 Carlouel Yacht Club Christmas Party + FX Dec. 7 Make A Difference Fishing Tournament (kids/adults)Oct.$0 $0 $400 $0 $0 $0 $0 $0 $400 $300 $100 34 SSOVA Volleyball Tournament Monthly 8 Clearwater Jazz Holiday Oct.$75,000 $6,500 $27,500 $47,540 $19,100 $6,840 $200 $800 $183,480 $171,670 $11,810 35 EEOVB Volleyball Tournament Oct/Feb 9 TBVA Veteran's & Memorial Day Events May/Nov $5,000 $0 $2,500 $0 $0 $440 $0 $0 $7,940 $7,940 $0 36 ChiliHead Challenge Dec. 10 Times Turkey Trot Nov.$0 $100 $5,000 $2,400 $4,000 $0 $0 $0 $11,500 $10,120 $1,380 11 Island Estates Christmas Boat Parade Dec.$0 $0 $400 $220 $0 $290 $0 $0 $910 $1,240 -$330 12 Outback Bowl Beach Day Dec.$0 $0 $2,800 $1,980 $600 $0 $200 $0 $5,580 $4,370 $1,210 37 Clearwater Running Festival Jan.Alcohol 13 MLK Jr. Celebration March & Rally Jan $4,750 $0 $1,000 $0 $0 $220 $200 $330 $6,500 $6,500 $0 38 Clearwater Farmer's Market Monthly 14 Clearwater Beach Uncorked Nov.$0 $0 $1,500 $0 $0 $680 $0 $100 $2,280 $1,280 $1,000 39 Paint Your Heart Out Clearwater Mar. Iron Girl Apr $0 $0 $0 $0 $0 $0 $0 $0 $0 $100 -$100 40 Bazaar Art Open Air Market Monthly 15 Clearwater Beach Taste Fest May $0 $0 $900 $0 $0 $230 $0 $0 $1,130 $920 $210 41 Relay For Life May Hospice Beach Stroll May $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 42 Morton Plant Mease Triathlon Jun. 16 Blast Friday/Miracle on Cleveland/Cruisin' @ Cap.Monthly $0 $0 $600 $0 $4,000 $4,100 $500 $10,000 $19,200 $15,110 $4,090 43 Sunsets at Pier 60 Nightly 17 Festival of Trees May $0 $4,000 $300 $0 $0 $0 $0 $0 $4,300 $6,000 -$1,700 44 Major Beach Soccer Tournament June 18 Pier60 Sugar Sand Festival April $0 $0 $11,500 $10,240 $0 $0 $2,100 $0 $23,840 $23,100 $740 45 Downtown Merchant's BBQ Cook-Off Nov.Alcohol 19 Sports Tourism Events Various $0 $0 $17,000 $5,200 $0 $0 $200 $0 $22,400 $25,000 -$2,600 46 Achieva Box Car Rally Oct. International Sailing events Oct.$0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000 -$4,000 47 Frenchy's Stone Crab Festival Oct.Alcohol 20 Community Family Fun Nights Oct.$0 $0 $900 $0 $500 $0 $0 $0 $1,400 $1,200 $200 48 Downtown Funk Fest Oct.Alcohol 21 Phil Doganeiro 3-Bridges Race Nov.$0 $0 $1,000 $7,280 $0 $0 $200 $510 $8,990 $10,500 -$1,510 49 Christmas Under the Oaks Nov. Florida Senior Games Dec.$0 $0 $0 $0 $0 $0 $0 $0 $0 $9,920 -$9,920 50 Arrowpoint Concert + Event Apr. Meet the Pros Nov.$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 51 Major Beach Soccer National Championships Dec. 22 Chalk Walk Art Festival Oct.$0 $0 $400 $0 $0 $0 $0 $0 $400 $0 $400 23 Florida Orchestra Performance TBD $26,000 $0 $0 $0 $1,100 $0 $0 $0 $27,100 $0 $27,100 24 Clearwater Beach Food & Wine Festival Dec.$0 $0 $4,000 $0 $0 $750 $500 $0 $5,250 $0 $5,250 52 Softball Tournament Feb. 25 Look Up! Clearwater April $0 $0 $750 $1,100 $600 $0 $0 $0 $2,450 $0 $2,450 53 Wild Splash Concert Mar.Alcohol 26 Downtown Clearwater Festivals Various $0 $0 $1,100 $0 $2,500 $0 $200 $500 $4,300 $0 $4,300 54 Hispanic Heritage Concert Oct.Alcohol General Fund Total 2018-19 $110,750 $15,000 $189,050 $141,420 $75,000 $25,880 $5,600 $14,360 $577,060 $506,520 $70,540 General Fund Total 2017-18 $84,750 $15,000 $184,650 $139,360 $41,730 $21,290 $5,600 $14,140 $506,520 55 American Conference Baseball Championship May General Fund Change from Previous Year $26,000 $0 $4,400 $2,060 $33,270 $4,590 $0 $220 $70,540 56 High School Graduations Jun. 57 Phillies Invitational Baseball Tournament Oct. Change GRAND GRAND GRAND 58 Boo Bash Halloween Carnival Oct. From TOTAL TOTAL TOTAL sub-total Previous 2018-19 2017-18 Change from 2017-18 Year Gen & Entrp Comparison Prev. Year Class 2A - City Sponsored Event (Event is produced by Parks & Recreation Department)LEGEND 1 Sea-Blues Festival Feb.$510 $6,030 $0 $250 $110 $6,900 $7,260 -$360 $50,570 $33,690 $16,880 Cash requests 2018-19 2 USF Softball Events Mar.$0 $0 $0 $0 $0 $0 $0 $0 $20,740 $20,400 $340 New event for 2018-19 3 Bay2Beach Music & Arts Festival Apr.$550 $4,160 $250 $250 $0 $5,210 $9,470 -$4,260 $82,820 $90,780 -$7,960 General fund department requests 2018-19 4 Clearwater Celebrates America Jul.$450 $40,000 $250 $250 $0 $40,950 $40,600 $350 $60,520 $58,020 $2,500 Enterprise fund department requests 2018-19 Class 3A - City Co-sponsored Event (Event is supported by Parks & Recreation Department)$0 Grand Total 2018-19 5 Concert Series at Coachman Park Apr. - Jun.$0 $300 $0 $0 $0 $300 $300 $0 $40,820 $25,300 $15,520 Budget comparison to 2017-18 requests 6 Super Boat National Championships Oct.$640 $2,920 $0 $0 $1,250 $4,810 $6,020 -$1,210 $40,410 $42,710 -$2,300 Change from previous years 7 Make A Difference Fishing Tournament (kids/adults)Oct.$160 $0 $500 $0 $4,590 $5,250 $5,790 -$540 $5,650 $6,090 -$440 RED FONT = Decreased from 2017-18 Estimates 8 Clearwater Jazz Holiday Oct.$2,320 $5,940 $0 $250 $700 $9,210 $9,540 -$330 $192,690 $181,210 $11,480 GREEN FONT = Increase from 2017-18 Estimates 9 TBVA Veteran's & Memorial Day Events May/Nov $0 $0 $0 $0 $0 $0 $0 $0 $7,940 $7,940 $0 10 Times Turkey Trot Nov.$630 $0 $0 $0 $0 $630 $630 $0 $12,130 $10,750 $1,380 11 Island Estates Christmas Boat Parade Dec.$0 $0 $250 $250 $0 $500 $150 $350 $1,410 $1,390 $20 12 Outback Bowl Beach Day Dec.$190 $0 $0 $0 $1,250 $1,440 $1,230 $210 $7,020 $5,600 $1,420 13 MLK Jr. Celebration March & Rally Jan $480 $1,140 $0 $0 $0 $1,620 $1,580 $40 $8,120 $8,080 $40 14 Clearwater Beach Uncorked Nov.$1,000 $400 $0 $0 $2,600 $4,000 $3,820 $180 $6,280 $5,100 $1,180 Iron Girl Apr $0 $0 $0 $0 $0 $0 $420 -$420 $0 $520 -$520 15 Clearwater Beach Taste Fest May $240 $0 $0 $0 $440 $680 $690 -$10 $1,810 $1,610 $200 Hospice Beach Stroll may $0 $0 $0 $0 $0 $0 $2,360 -$2,360 $0 $2,360 -$2,360 16 Blast Friday/Miracle on Cleveland/Cruisin' @ Cap.Monthly $710 $0 $0 $0 $0 $710 $710 $0 $19,910 $15,820 $4,090 17 Festival of Trees May $0 $0 $0 $0 $0 $0 $0 $0 $4,300 $6,000 -$1,700 18 Pier60 Sugar Sand Festival April $1,190 $500 $250 $0 $5,900 $7,840 $1,210 $6,630 $31,680 $24,310 $7,370 19 Sports Tourism Events Various $0 $0 $0 $0 $0 $0 $0 $0 $22,400 $25,000 -$2,600 International Sailing Events Oct.$0 $0 $0 $0 $0 $0 $2,620 -$2,620 $0 $6,620 -$6,620 20 Community Family Fun Nights Oct.$0 $0 $0 $0 $0 $0 $0 $0 $1,400 $1,200 $200 21 Phil Doganeiro 3-Bridges Race Nov.$0 $0 $0 $0 $0 $0 $0 $0 $8,990 $10,500 -$1,510 Florida Senior Games Dec.$0 $0 $0 $0 $0 $0 $0 $0 $0 $9,920 -$9,920 Meet the Pros Nov.$0 $0 $0 $0 $0 $0 $2,050 -$2,050 $0 $2,050 -$2,050 22 Chalk Walk Art Festival Oct.$0 $0 $0 $0 $270 $270 $0 $270 $670 $0 $670 23 Florida Orchestra Performance TBD $0 $0 $0 $0 $0 $0 $0 $0 $27,100 $0 $27,100 24 Clearwater Beach Food & Wine Festival Dec.$0 $500 $250 $0 $0 $750 $0 $750 $6,000 $0 $6,000 25 Look Up! Clearwater April $0 $0 $0 $0 $0 $0 $0 $0 $2,450 $0 $2,450 26 Downtown Clearwater Festivals Various $0 $0 $0 $250 $0 $250 $0 $250 $4,550 $0 $4,550 Enterprise Total 2018-19 $9,070 $61,890 $1,750 $1,500 $17,110 $91,320 $96,450 -$5,130 $668,380 $602,970 $65,410 Enterprise Total 2017-18 $10,040 $60,850 $2,400 $2,150 $21,010 $96,450 Enterprise Fund Change from Previous Year -$970 $1,040 -$650 -$650 -$3,900 -$5,130 City of Clearwater Special Events Budget Estimates for FY 2018-2019 FY 2018-2019 Requested CASH & IN-KIND SERVICES CITY EVENTS, ANNUAL Month Event w/ Alcohol Estimated GENERAL FUND DEPARTMENTS 2018-19 OTHER SPECIAL EVENTS REQUIRING SUPPORT CITY EVENTS, ANNUAL Month held Cash Requests Bldg & Maint. Parks & Rec. Police Traff/Sops Fire EMS Life Safety & Inspect. Public Comm.Traffic Eng.Sub-Total Gen. Fund Class 1 - Private (Supported by Parks & Recreation Department) Class 2B - City Department Sponsored (Supported by Parks & Recreation Department) Class 3A - City Co-Sponsored: costs covered by event (Produced by Parks & Recreation Department) Partnered Events with Bright House Field Estimated ENTERPRISE FUND DEPARTMENTS 2018-19 Marine Clw Harbor Marina Parking Sub-Total Enterprise Fund CITY EVENTS, ANNUAL Month held Solid Waste Gas Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4497 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to McKim and Creed, Inc. in the amount of $190,800 for the Marshall Street and East WRF Basins Inflow and Infiltration Permanent Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: During wet weather events, the City’s sanitary sewer system experiences higher influent flow volumes due to Inflow and Infiltration (I&I) entering the system. These higher volumes can cause sanitary sewer overflows and Water Reclamation Facility (WRF) permit violations because the plants are not designed to accommodate significant volumes of I&I. Monitoring equipment collects continuous flow data during dry weather and wet weather events to identify the source(s) of I&I. This information allows for remediation of many sanitary sewer defects and a measurable reduction in I&I rainfall derived flow within the Marshall Street and East WRF basins. This project will provide flow monitoring services (data collection, analyses and reporting) for a period of 12-month through May of 2019. Project benefits are improved process efficiencies, ongoing rehabilitation and restoration strategies of conveyance infrastructure, and increased environmental protection and regulatory compliance. 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: 0421-01354-530100-535-000-0000 $140,400 0421-01356-530100-535-000-0000 $ 50,400 Funds for this work order are included in the 2017/18 City Manager’s recommended Public Utilities Operating Budget of Professional Services as follows: $46,800 in 0421-01354-530100, WET Marshall Street Plant and $16,800 in 0421-01356-530100, WET East Plant. Future year funding will be included in the 2018/19 Public Utilities Operating Budget as follows: $93.600 in 0421-01354-530100, WET Marshall Street Plant and $33,600 in 0421-01356-530100, WET East Plant. Page 1 City of Clearwater Printed on 5/2/2018 WORK ORDER INITIATION FORM 1 of 11 Revised: 11/29/2017 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 5/1/18 M&C Proposal Number: 172835 City Project Number: 18-0023-UT 1. PROJECT TITLE: Marshall Street & East WRF Basins Inflow & Infiltration Permanent Flow Monitoring 2. SCOPE OF SERVICES: The City of Clearwater Utility department has requested McKim & Creed to provide permanent flow monitoring services for the sewer collection system in the Marshall Street & East WRF service areas. McKim & Creed shall provide its’ rainfall gauging and flow monitoring equipment and its’ remote telemetry unit communication platform (Telog) to record and process the collected data. Included in this work order is maintenance of permanently installed rainfall and flow monitoring equipment, as well as, the engineering real-time data analysis and monthly reporting of the recorded data. Additionally, a McKim & Creed Health and Safety Plan, tailored for the work to be performed, will be submitted. The proposed locations of the flow monitoring equipment will be at six (6) major gravity sewer outfall locations and at six (6) major lift stations, as shown below. Major Sewer Outfall: Major Lift Stations: 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. 20 (Marshall St. WRF) 5. Holt Avenue (Marshall St. WRF) 5. 24 (Marshall St. WRF) 6. S. Lady Mary (Marshall St. WRF) 6. 45 (Marshall St. WRF) Of the twelve (12) permanent flow meter sites identified all but one (1) utilizes open channel flow monitoring devices to ascertain and record wastewater volumes. The permanent flow meter at Lift Station 24 utilizes a transit time, clamp on style, flow meter, made by Fuji Electronics, to record the wastewater volumes from the station’s discharge force main. Permanent rainfall gauges have been WORK ORDER INITIATION FORM 2 of 11 Revised: 11/29/2017 installed at Lift Stations 9, 45, 24, 40 and 58 and an additional rainfall gauge has been installed at McKim & Creed’s Clearwater office. I. MONTHLY FLOW MONITORING/RAINFALL GAUGING REPORTING The collected data will be recorded for each piece of equipment and automatically uploaded to McKim & Creed’s Telog ‘Enterprise’ server on a daily basis as currently is available for the East and Marshall Street Basins. The City will be able to access and download the Northeast Basin data through the same dedicated web browser application as is used for the East and Marshall Street systems and as before; 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. The flow monitoring and rainfall gauging will be performed concurrently for one (1) calendar year beginning May 1, 2018. 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 Rain Dependant Inflow and Infiltration (RDII) volumes for each significant event shall be calculated and displayed on the hydrograph. Additional graphs will also be required including:  Monthly graph (scatter graph) of flow depth versus velocity readings. This graph is used to record historical (month to month) changes to RDII.  Monthly flow graph depicting daily maximum, average and minimum flow rates with daily rainfall accumulations  Daily wet weather 24-hour flow volume versus recorded rainfall magnitude for events greater than 0.5-inches (regression analysis) WORK ORDER INITIATION FORM 3 of 11 Revised: 11/29/2017 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 5/19/2016 5/21/2016 5/23/2016 5/25/2016 5/27/2016 5/29/2016 5/31/2016 6/2/2016 6/4/2016 6/6/2016 6/8/2016 6/10/2016 6/12/2016 6/14/2016 6/16/2016 6/18/2016 Rainfall (in) Flow (mgd) Flow Meter Site 7 Rainfall (IN) Minimum Flow (MGD) Average Flow (MGD) Maximum Flow (MGD) Graphs shall be provided in both .pdf and .xls formats. The following provides examples of graphs required. WORK ORDER INITIATION FORM 4 of 11 Revised: 11/29/2017 Monthly 24-Hour Flow Maximums, Minimums, Averages and Rainfall Accumulation 24-Hour Flow Volume (MGD) Versus Rainfall Accumulation (IN) Tabular Data The following data shall be submitted in electronic form with calculated statistics in Excel™ 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 (15 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) WORK ORDER INITIATION FORM 5 of 11 Revised: 11/29/2017 o Rainfall measured (Inches)  Calibration records  Data reliability summary of all meters  Data excluded  Maintenance activities completed  Installation report II. 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. Site visits will be documented; including date of visit, maintenance activities performed, equipment calibrations performed and equipment that was replaced. Site visit documentation will be included with each monthly report. 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. III. 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 following quantities and calculations:  ADF, Average Daily Flow  ABF, Average Base Flow, established during periods of dry weather.  ASF, Average Daily Sanitary Sewer Flow, determined by 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 following equation. WORK ORDER INITIATION FORM 6 of 11 Revised: 11/29/2017 *GWI = ABF – ((ABF –MBF)/0.88)  MSF, Minimum Sanitary Flow, by calculation, MSF = 0.12*ASF.  MBF, Minimum Base Flow, by calculation, MBF = MSF + GWI.  Ratio of MBF/ABF.  Ratio of GWI/ABF.  Rainfall Amount and Intensity.  Rainfall Dependent Infiltration/Inflow, (RDI/I), directly resulting from rainfall. *RDI/I = Total Flow Volume – ABF  Peak RDI/I, maximum difference between the ABF and Total Flow hydrographs.  PHF, Peak Hour Flow  Peaking Factor = PHF/ADF  Peak 15-minute Flow Depth  Peak 15-minute Flow Velocity  Peak 15-minute Flow Volume  Current Full Pipe Capacity  Total Monthly Flow Ratio of GWI/Inch-Diameter Miles of Upstream Contributing Sewer Mains for each meter basin. 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 WORK ORDER INITIATION FORM 7 of 11 Revised: 11/29/2017 events; in excess of one half inch, in comparison to the rainfall recorded over the same 24- hours. If applicable, a health and safety plan will be prepared, submitted and approved by the City Project Manager prior to mobilizing to each site. 3. PROJECT GOALS:  FLOW AND RAIN DATA RETRIEVAL  EQUIPMENT MAINTENANCE  MONTHLY DATA REPORTING 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 in accordance with Professional Services Method “A” – Cost Times Multiplier Basis - Percentage of Completion by Task, for a fee not to exceed One Hundred Ninety-Thousand, Eight Hundred Dollars ($190,800.00). No permitting is anticipated for this project. 5. SCHEDULE: Maintenance and calibration of the flow meters/rainfall gauges will start on June 1,2018 and continue until May 31, 2019. Invoicing for maintenance and continued calibrations, recording of data and reporting for the flow meters/rainfall gauges will be from June 1, 2018 and continue until May 31, 2019. With the first invoice to the City by July 15, 2018. The project will span 395 days from May 1, 2018 as the last monthly report will be submitted for review on or before June 30, 2019. The project deliverables are to be phased as follows: Begin Meter/Gauge Maintenance 1 calendar day Perform Maintenance 365 calendar days Conduct Monitoring and Reporting 395 calendar days 6. STAFF ASSIGNMENT: City’s Staff: Jeff Walker, PE Project Manager WORK ORDER INITIATION FORM 8 of 11 Revised: 11/29/2017 Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director McKim & Creed Project Staff Aubrey Haudricourt, PE Project Manager Greg Anderson, PE Project Analysis Coordinator Pratika Patil, EI Project Team Engineer Sunil Khanal, EI Project Systems Analysis Craig Watts, EI Project Systems Analysis Mc Kim& Creed Field Installation, Maintenance and Calibration Staff Delvin Carter, Patrick Goode, Quint Shelton, Charles Rials, Tony Goode 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Jeff Walker, PE. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 City Invoicing Code: _____________________________ WORK ORDER INITIATION FORM 9 of 11 Revised: 11/29/2017 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. City Project Number, 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. PREPARED BY: APPROVED BY: ________________________ ________________________ Aubrey Haudricourt, PE. Scott Rice, PE Senior Project Manager City Engineer McKim & Creed City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 10 of 11 Revised: 11/29/2017 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 must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 11 of 11 Revised: 11/29/2017 WORK ORDER INITIATION FORM PROJECT BUDGET East Basin Task Description Unit Price Total # Units Total 1.0 East Basin Flow Meter Maintenance and Calibrations: 1.1 3 – FloWav Sensors with Telog Ru-33 RTUs for 12 months. $800ea./month 36 $28,800 2.0 East Basin Rainfall Gauge Maintenance and Calibration: 2.1 2 – Texas Electronics Tipping Buckets with Telog RG-32 RTUs $150ea./month 24 $3,600 3.0 East Basin Monthly Reporting 3.1 3 Flow Meters and 2 Rainfall Gauges for 12 Months $500ea./month 36 $18,000 East Basin Subtotal $50,400 Marshall Street Basin Task Description Unit Price Total # Units Total 4.0 Marshall Street Basin Flow Meter Maintenance and Calibrations: 4.1 8 – FloWav Sensors with Telog Ru-33 RTUs for 12 months. $800ea./month 96 $76,800 4.2 1 – Fuji Transit Time C with Telog Ru-32 RTUs for 12 months $200ea./month 12 $2,400 5.0 Marshall Street Rainfall Gauge Maintenance and Calibration: 5.1 4 – Texas Electronics Tipping Buckets with Telog RG- 32 RTUs $150ea./month 48 $7,200 6.0 Marshall Street Monthly Reporting 6.1 9 Flow Meters and 4 Rainfall Gauges for 12 Months $500ea./month 108 $54,000 Marshall Street Basin Subtotal $140,400 Contract Total $190,800 EEE East WRF BasinEast WRF Basin BAYSHORE BLVDGULF TO BAY BLVDUS 19DREW ST BELLEAIR RD NURSERY RD GULF-TO-BAY BLVD S KEENE RDLAKEVIEW RD BAYSIDE BRGS BELCHER RDS HIGHLAND AVES LAKE AVENE COACHMAN RDOLD COACHMAN RDN BELCHER RDN HERCULES AVEMcMULLEN-BOOTH RDN HIGHLAND AVEC O U R T N E Y C A M P B E L L C S W Y PALMETTO ST S HERCULES AVEN KEENE RDS LAKE DRCOURT ST N LAKE DRPALMETTO ST GULF-TO-BAY BLVD DREW ST S HERCULES AVECORONA INTERCEPTOREAST WRF PLANT Legend East WRF Basin E SAN Flow Meters Plant Buildings Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 18-0023-UT Marshall St &East Water Reclamation FacilityInflow & Infiltration Permanent Flow MonitoringEAST WRF BASIN / Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\East Flow Meters_Basin.mxd Map Gen By: CRM Reviewed By: JW Date: 4/24/2018Map 2 of 2 E E E E E E E E E Marshall WRF BasinMarshall WRF Basin US 19DREW ST BELLEAIR RD SUNSET POINT RD UNION ST LAKEVIEW RD NURSERY RDGULF BLVDCOURT ST N BELCHER RDN HERCULES AVES KEENE RDN HIGHLAND AVES BELCHER RDGULF-TO-BAY BLVD I SLAND WAYOLD COACHMAN RDS MISSOURI AVES HIGHLAND AVES LAKE AVEMEMORIAL CSWY NE COACHMAN RDCLEVELAND ST SR 590 N MYRTLE AVEMANDALAY AVES FORT HARRISON AVEMONTCLAIR RDN KEENE RDS MYRTLE AVEN FORT HARRISON AVEDOUGLAS AVEBETTY LNCHESTNUT ST BELCHER RDS GULFVIEW BLVD PALMETTO ST VIRGINIA AVE S HERCULES AVES LAKE DREDGEWATER DRKINGS HWYDREW STBETTY LNLS16LS45LS14LS20LS11LS24S LADY MARYMARSHALL STHOLT AVEMARSHALL ST WRF PLANT Legend Marshall WRF Basin E SAN Flow Meters Plant Buildings WRF Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 18-0023-UT Marshall St &East Water Reclamation FacilityInflow & Infiltration Permanent Flow MonitoringMARSHALL ST WRF BASIN /Map Gen By: CRM Reviewed By: JW Date: 4/24/2018Map 1 of 2 Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\Marshall Flow Meters_Basin.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4504 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to Toter Incorporated of Statesville, NC for residential container purchases in accordance with City Code of Ordinances, Section 2.564, Exceptions to bid and quotation procedure (d) authorizing use of contracts previously awarded by other governmental entities, in the annual amount of $175,000 with four one-year renewal terms at the City’s option, as required by the Solid Waste Department, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects refuse and recycling from our residential customers in 64 and 96-gallon plastic containers. In 2012, the department switched the type of residential container used to collect solid waste and recycling to this Toter product due to price, warranty and durability of their product. Toter Incorporated is being recommended again because of their durability, uniformity with the containers currently issued, and the ability to be stacked after they are completely assembled due to our limited storage space. These carts are rotationally molded and made from medium density polyethylene which resists cracking and deformation much better than injection molded containers. The Toter contract is available via piggyback through the National IPA, bid by the City of Tucson, AZ, and authorized for use by the City Code of Ordinances, as referenced above. The multi-agency aggregate volume on this contract affords the City competitive pricing we would not be able to obtain through a bid of our own. The National IPA Toter Contract 171717-01 is effective February 1, 2018 through January 31, 2019 with the option to renew for four additional one-year periods through January 21, 2023. The contract provides for carts/containers in different sizes and colors, as well as incorporating custom markings. Staff requests authorization of the initial one-year term (February 2018 - January 2019) and four one-year renewals. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2017/18 and FY 2018/19 Capital Improvement Project budgets for Solid Waste and Recycling: ·0-315-96443-550400-534-000-0000 (Solid Waste Residential Container Acquisition - Operating Supplies & Materials) ·0-315-96804-550400-534-000-0000 (Recycling Container Acquisition - Operating Page 1 City of Clearwater Printed on 5/2/2018 File Number: ID#18-4504 Supplies & Materials) Page 2 City of Clearwater Printed on 5/2/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4543 Agenda Date: 5/3/2018 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Appoint Jerri Menaul to the Public Art and Design Board with a term to expire April 30, 2022. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation VICE-CHAIR: Jerri Menaul MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING BOARD MEMBER HAS A TERM WHICH EXPIRES ON APRIL 30, 2018 AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Jerri Menaul - 2052 Carriage Lane #202, 33765 - Owner Art Business Original Appointment: 1/16/14 (0 Absences in the last year) Interest in reappointment: Yes (currently serving 1st term to expire 4/30/18) (Artist - Art Business Owner) THE FOLLOWING NAMES ARE ALSO BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. Page 1 City of Clearwater Printed on 5/2/2018 File Number: ID#18-4543 1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts 2. Bruce Dennis - 1851 Glenville, 33765 - Property Ownership/Management/Finance 3. Laurie Meggesin - 1600 Walnut St, 33755 - Executive Dir/School of Law 4. Meg Taylor - 1423 Pinebrook Dr., 33755 - Sales Admin Manager Zip codes of current members: 1 - 33761 1 - 33763 1 - 33764 2 - 33765 1 - 33786 Current Categories: 1 Artist - Art Business Owner; 3 Citizens; 1 General Contractor/Inspector; 1 Clearwater Arts Alliance, Inc. At the April 30 work session, there was council consensus to reappoint Jerri Menaul. Staff was directed to place the item on the consent agenda. Page 2 City of Clearwater Printed on 5/2/2018 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Jonathan Barnes Home Address: 1613 Maple St. Clearwater Zip 33765 Office Address: 2465 Drew St. Clearwater Zip 33765 Telephone: 727 631 7095 Telephone: 727 631 7095 Cell Phone: 727 631 7095 Email Address: jonathanbarnes101 @gmail.com How long a resident of Clearwater? 7 years Occupation: Department chair of humanities and fine arts Employer: St. Petersburg College Field of Education: Other Work Experience: Masters of Fine Arts in Ceramics Teaching lab specialist for Fine Arts at SPC BA in Graphic Design Assistant Manager at Bass Pro Shops Orlando (Fly Fishing), If retired, former occupation: Community Activities: Empty Bowls Fund raiser for RCS Pinellas, Contributing Artist for Martinis and Matisse (Clearwater Free Clinic) Other Interests: Art, fishing, cycling, brewing beer, woodwork, Board Service (current and past): Board Preference: Public Art and Design Advisory Board Municipal Code Enforcement Board Additional Comments: Thank you for your consideration, I love living in Clearwater, and would love to help steer the city to become an arts destination as St. Petersburg has done. Signature:jonathan Digitally signed by jonathan Date: 2018.01.02 13:29:19 - 0500' Date: 1 /2/2018 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: RECEIVEDCurrentvoterregistrationwithincitylimitsC Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city 1iris ' 2818 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Attend meetings and help to develop guidelines, procedures for public art and make recommendations to the arts council. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? no. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have been a practicing studio artist since 2005 and an arts educator since 2006. have a background in both studio art and design, my area of emphasis is ceramics, however I have a vast working knowledge of both 2D and 3D art making. 4. Why do you want to serve on this Board? As a resident of the city of Clearwater, it would be nice to be actively involved development of public art and art programming for the city of Clearwater. I have watched St. Petersburg turn into a true arts destination, and would love to see Clearwater become the same. Name: Jonathan Barnes Board Name: Public Art and Design Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Bruce Dennis Home Address: 1851 glenville, Clwr Telephone: 727 688 7171 Zip 33765 Cell Phone: How long a resident of Clearwater? 15 yrs Office Address: Telephone: Zip 33765 Email Address: bdennis3 @yahoo.com Occupation: Property ownership /management Employer: self Field of Education: Masters in Finance, liberal arts If retired, former occupation: Other Work Experience: Community Activities: I am trying to be involved in more of them. Other Interests: Board Service (current and past): Board Preference: Clwr Homeless Intervention Project hA. LI i c Ail' 4 Dc-s i jrl Z- 0-fA RCS CTE, San jose based org Additional Comments: Signature: Bruce Dennis n. . ou Date: 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 ofoneofthefollowing: Current voter registration within city limits RECEIVEValidcurrentFloridaDrivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 1 0 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS Uc i. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Do what is best for City re exhibiting, allowing, endorsing art that is consistent w/ overall plan(s), tasteful and affordable(if relevant). 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Y 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? For many years, I have been evaluating and collecting art, of many different media. 4. Why do you want to serve on this Board? I am interested in serving my community, enhancing it's attractiveness and supporting the machine(s) that help it thrive. Name: Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Laurie Meggesin Home Address: Office Address: 1600 Walnut St., Clearwater 4202 E. Fowler Ave, Tampa, ALN 185 Zip 33620 Zip 33620 Telephone: 727 - 488 -8877 Telephone: 813- 974 -3897 Cell Phone:727- 488 -8877 Email Address: laurie.meggesin @gmail.com How long a resident of Clearwater? 12 years Occupation: Executive Director Employer: Florida College Access Network/USF Field of Education: JD, University of Texas School of Law Graduate Certificate Nonprofit Management, USF Other Work Experience: Attorney /Shareholder, Baron & Budd, P.C. Nonproft program management If retired, former occupation: N/A Community Activities: Currently, FCAN leadership role keeps me busy! In my 4.5 years at helm of FCAN, my team has catalyzed communities to build collective impact coalitions that now represent almost 80% of Florida's population. Other Interests: Accessible community art, environmental issues, walkable /bikable communities Board Service (current and past): Board Preference: Texas Law Fellowships, Inc. (past president, VP) SER -Jobs for Progress, Inc. Additional Comments: Public Art and Design Board Date: 1 -9 -18 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 EDRECEIVValidcurrentFloridaDrivers' License issued to an address within city limits RECEIVEDR- 3' Declaration of Domicile filed with the city clerk affirming residency within city limitssAN 10 2018 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? As described in Division 11 of Sec. 5 -101 et seq of the Community Development Code, board members will administer the city's art and design program, including preparing a master plan with city staff and ensuring appropriate community participation and public education activities. My experience in community engagement will serve this role well. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes 1 What background and/or qualifications do you have that you feel would qualify you to serve on this Board? As a licensed attorney for over 20 years, 1 understand the roles and responsibilities of board functions. As a recent student of the Graduate Nonprofit Management Program through the USF School of Public Affairs (affiliated with the MPA program), I am familiar with the role and importance of citizen engagement for building vibrant cities. I love (and collect) art and am familiar with the work of local artists. 4. Why do you want to serve on this Board? I have long wanted to become engaged in activities supporting our city. I am particularly interested in serving on this board, as I believe in the value of public art in enhancing our city's quality of life. Engaging Clearwater residents' involvement in public arts activities further enriches our city and citizenry. Name:Laurie Meggesin Board Name: Public Art & Design Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 Agenda Date: 5/3/2018 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida and pass Ordinance 9129-18 on first reading. (VAC 2018-04) SUMMARY: As a pre-requisite to a land swap between the City of Clearwater and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to vacate a portion of Haven Street and certain real property that was dedicated as Right-of-Way in Official Records Book 4867, Page 1478. The portion of property that remains in City ownership following the vacation will represent one of the three parcels to be swapped in the property exchange between the City and COS. The land swap, which is outlined in more depth in that certain Contract for Exchange of Real Property agenda item, being presented for City Council consideration simultaneously herewith, will provide for the exchange of three city owned properties in return for a strategic downtown property owned by the COS. There are four conditions to this vacation. 1) the declaration of surplus of the city-owned portions of real property; 2) City Council approval of the Contract for Exchange of Real Property along with the closing on, and conveyance of, the property as contemplated in the contract; 3) The City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated; and 4) Easements will need to be granted to private utility companies so that they may sustain their existing utilities, as well. All city departments have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 5/2/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF HAVEN STREET RIGHT-OF-WAY OF COURT SQUARE,AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF CERTAIN REAL PROPERTY DEDICATED AS RIGHT-OF-WAY IN RESOLUTION NO. 79-50 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 4867, PAGE 1478 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BOTH BEING BOUND BY FRANKLIN STREET TO THE NORTH, SOUTH GARDEN AVENUE TO THE EAST, COURT STREET TO THE SOUTH, AND SOUTH FORT HARRISON AVENUE TO THE WEST; SUBJECT TO, AMONG OTHER THINGS, A BLANKET GENERAL UTILITY, DRAINAGE AND GAS EASEMENT TO BE RESERVED OVER THE ENTIRE RIGHT-OF-WAY TO BE VACATED HEREIN; SUBJECT TO THE GRANTING OF CERTAIN PRIVATE UTILITY EASEMENTS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein) (“Platted Right-of-way”), has requested that the City vacate said right-of-way; and WHEREAS, the City, as owner in fee title of real property described and depicted in Exhibit “B” (attached hereto and incorporated herein) (“Dedicated Right-of-way”), which is adjacent to the property described in Exhibit “A” and which was dedicated as right-of- way by Resolution 79-50 of the City of Clearwater, Florida, finds it appropriate to vacate said right-of-way; and WHEREAS, the Platted Right-of-way and Dedicated Right-of-way shall be referred to collectively herein as “Entire Right-of-way” (Exhibit “C”); and [GM17-9216-055/215742/1]2 Ord. No. 9129-18 WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions precedent: 1.The declaration as surplus of the City-owned portions of the real property described in Exhibits “A” and “B” in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 2.Clearwater City Council approval of that certain Contract for Exchange of Real Property (as set forth in full in Exhibit “D” attached hereto and incorporated herein) and the closing on, and conveyance of, the property as contemplated therein; and 3.The City hereby reserves and retains a Blanket Utility, Drainage and Gas Easement over the Entire Right-of-way vacated parcel for the installation, maintenance and replacement of any and all utilities thereon by the City of Clearwater and for ingress and egress across the entire parcel for said purposes; and 4.As a pre-requisite to the vacation becoming effective, all property owners abutting the Entire Right-of-way vacated hereby shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9130-18 Agenda Date: 5/3/2018 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from property owner Drs. Kiran Patel and Pallavi Family Foundation Inc. to vacate a portion of Public Right-of-Way of Damascus Road abutting the owner’s property and an Ingress and Egress Easement located on the owner’s property, pass Ordinance 9130-18 on first reading. (VAC2018-03) SUMMARY: As a pre-requisite to a Contract for Sale of Real Property between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. (Property Owner), it is necessary to vacate a portion of Public Right-of-Way of Damascus Road, formerly known as Bostrom Road, that the City acquired in 1964 per Resolution 64-90 of the City of Clearwater, Florida, and an Ingress and Egress Easement Deed acquired in 1996, as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. This vacation ordinance is subject to the following conditions: ·The Property Owner will grant to both the City of Clearwater and Pinellas County an easement for ingress and egress over a new access road constructed to city standards. ·The Property Owner must grant to the City of Clearwater a general blanket utility easement. ·The Property Owner must grant private utilities an interest as needed and acceptable to those utilities. ·The Property Owner must grant to the City of Clearwater a temporary ingress and egress access easement for access during construction. ·City Council declaring the City Property as surplus for conveyance to the adjoining property owner, in accordance with the City of Clearwater Code of Ordinances/Charter. ·City Council’s approval of a Contract for Purchase and Sale of Real Property between the Property Owner and the City. All City departments have reviewed this vacation and have no objections. Page 1 City of Clearwater Printed on 5/2/2018 ORDINANCE NO. 9130-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY OF DAMASCUS ROAD, FORMERLY KNOWN AS BOSTROM ROAD, CLEARWATER, FLORIDA, ACQUIRED BY THE CITY OF CLEARWATER, FLORIDA PER RESOLUTION NO. 64-90 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1936, PAGE 522 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AFFECTED BY THE NAME CHANGE IN RESOLUTION NO. 80-29 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 5043, PAGE 479 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND VACATING AN INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 9551, PAGE 1433 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Drs. Kiran Patel & Pallavi Family Foundation, Inc. (“Property Owner”), the owner in fee title of real property abutting the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein), and upon which that certain Ingress and Egress Easement lies, as described and depicted in Exhibit “B” (attached hereto and incorporated herein), has requested that the City vacate said right-of-way and Ingress and Egress Easement; and WHEREAS, after proper public notice and public hearing thereon, the City Council of the City of Clearwater, Florida finds that said right-of-way and easement are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” [GM17-1420-212/217955/2] GM17-1420-212/217955/2 1 Ord. No. 9130-18 and the easement described as follows: See Exhibit “B” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The Property Owner will grant to the City of Clearwater, Florida, (“City”) and Pinellas County, Florida (“County”) an easement for ingress and egress access over a new access road connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, and which will be a minimum of 24’ in width and meet or exceed the City of Clearwater’s Construction Standards Index No. 102 and the 700 Series of Section IV of the City of Clearwater’s Construction Contract Specifications which are incorporated herein by reference and may be located at the myclearwater.com, Engineering Department page. This vacation ordinance shall be null and void if this condition is not met July 1, 2019. 2. The Property Owner will grant to the City of Clearwater, Florida, a general blanket utility easement over, under and across the real property described in Exhibit “C”, (attached hereto and incorporated herein) for the installation and maintenance of any and all utilities therein by the city of Clearwater. 3. The Property Owner shall grant individual easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), as may be requested by said providers and the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. 4. Property Owner shall grant the City of Clearwater, Florida and Pinellas County, Florida a Blanket Temporary Ingress Egress Access Easement connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, for ingress and egress access during construction, until such time as the permanent ingress egress access easement contemplated in section 1 above is granted and accepted. 5. The vacation as contemplated hereunder by the City of Clearwater as to the City of Clearwater’s interest as conveyed in that certain Easement Deed as recorded in Official Records Book 9551, Page 1433 of the Public [GM17-1420-212/217955/2] GM17-1420-212/217955/2 2 Ord. No. 9130-18 Records of Pinellas County, Florida, in no way affects the interest conveyed to Pinellas County, Florida in the same instrument. 6. The declaration as surplus of the City-owned portions of real property described in Exhibit “D” (attached hereto and incorporated herein) by the Clearwater City Council in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 7. Clearwater City Council approval of that certain Contact for the Purchase and Sale of Real Property as set forth in its entirety in Exhibit “E” (attached hereto and incorporated herein) and the closing on, and conveyance of, the property as described therein. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. 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 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-1420-212/217955/2] GM17-1420-212/217955/2 3 Ord. No. 9130-18 Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "D" D-1 Exhibit "D" D-2 Exhibit "D" D-3 S44° 3 8 ' 5 1 "W 3 9 2 . 8 0 ' ( D )S80°52'25"W 345.42'(D)S82°35'34"W47.12'(D)S89°45'39"WDenotes Damascus Road Right-of-WayS89°30'50"E(D) 524.48'(C)S 4 3 ° 2 3 ' 4 9 "W 7 6 3 . 4 0 ' ( D ) S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-WaySurvey utilized for City's calculation of Right-of-Way is"ALTA/NSPS Land Title Survey for 3400 Gulf-to-BayBoulevard " performed by VisionLand Service,Dated 12/2/16.Calculated Area - 17,960 Square FeetD-4 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE CITY OF CLEARWATER, FLORIDA _____________________________ By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: _____________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4515 Agenda Date: 5/3/2018 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Declare surplus certain real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East for the purpose of sale to the abutting property owner and authorize the appropriate officials to execute same. (APH) SUMMARY: May 18, 1964, City of Clearwater acquired the title to the right-of-way of Damascus Road, formerly known as Bostrom Road, per Resolution No. 64-90 of the City of Clearwater, Florida, as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida. This property is approximately 17,960 square feet and was used to provide access to former Clearwater Christian College campus. April 4, 2018, by Jim Millspaugh and Associates performed an independent appraisal of the property. This appraisal report determined that the fair market value is $137,000. This item is a prerequisite to the Contract for Sale of Real Property between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc, who recently acquired the adjacent property, formerly known as the Clearwater Christian College. Per City Charter 2.01, when the property declared surplus is vacated right-of-way, in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. Page 1 City of Clearwater Printed on 5/2/2018 S44°38'51"W 392.80'(D) S80°52'25"W 345.42'(D) S82°35'34"W 47.12'(D)S89°45'39"W Denotes Damascus Road Right-of-Way S89°30'50"E(D) 524.48'(C)S43°23'49"W 763.40'(D)S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-Way Survey utilized for City's calculation of Right-of-Way is "ALTA/NSPS Land Title Survey for 3400 Gulf-to-Bay Boulevard " performed by VisionLand Service, Dated 12/2/16. Calculated Area - 17,960 Square Feet Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Continue to May 17, 2018: Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, being bound by Franklin Street to the North, South Garden Avenue to the East, Court Street to the South, and South Fort Harrison Avenue to the West; subject to, among other things, a blanket general utility, drainage and gas easement to be reserved over the entire right-of-way to be vacated herein, subject to the granting of certain private utility easements. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF HAVEN STREET RIGHT-OF-WAY OF COURT SQUARE,AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF CERTAIN REAL PROPERTY DEDICATED AS RIGHT-OF-WAY IN RESOLUTION NO. 79-50 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 4867, PAGE 1478 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BOTH BEING BOUND BY FRANKLIN STREET TO THE NORTH, SOUTH GARDEN AVENUE TO THE EAST, COURT STREET TO THE SOUTH, AND SOUTH FORT HARRISON AVENUE TO THE WEST; SUBJECT TO, AMONG OTHER THINGS, A BLANKET GENERAL UTILITY, DRAINAGE AND GAS EASEMENT TO BE RESERVED OVER THE ENTIRE RIGHT-OF-WAY TO BE VACATED HEREIN; SUBJECT TO THE GRANTING OF CERTAIN PRIVATE UTILITY EASEMENTS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein) (“Platted Right-of-way”), has requested that the City vacate said right-of-way; and WHEREAS, the City, as owner in fee title of real property described and depicted in Exhibit “B” (attached hereto and incorporated herein) (“Dedicated Right-of-way”), which is adjacent to the property described in Exhibit “A” and which was dedicated as right-of- way by Resolution 79-50 of the City of Clearwater, Florida, finds it appropriate to vacate said right-of-way; and WHEREAS, the Platted Right-of-way and Dedicated Right-of-way shall be referred to collectively herein as “Entire Right-of-way” (Exhibit “C”); and [GM17-9216-055/215742/1]2 Ord. No. 9129-18 WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions precedent: 1.The declaration as surplus of the City-owned portions of the real property described in Exhibits “A” and “B” in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 2.Clearwater City Council approval of that certain Contract for Exchange of Real Property (as set forth in full in Exhibit “D” attached hereto and incorporated herein) and the closing on, and conveyance of, the property as contemplated therein; and 3.The City hereby reserves and retains a Blanket Utility, Drainage and Gas Easement over the Entire Right-of-way vacated parcel for the installation, maintenance and replacement of any and all utilities thereon by the City of Clearwater and for ingress and egress across the entire parcel for said purposes; and 4.As a pre-requisite to the vacation becoming effective, all property owners abutting the Entire Right-of-way vacated hereby shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9134-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9134-18 on second reading, annexing certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Ordinance No. 9134-18 ORDINANCE NO. 9134-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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; (ATA2018-03001) 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. 9134-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 PROPOSED ANNEXATION Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9135-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9135-18 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 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9135-18 ORDINANCE NO. 9135-18 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 LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; 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) (ATA2018-03001) The map attached as Exhibit B is hereby incorporated by referen ce. 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. 9134-18. Ordinance No. 9135-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) RL RU RL RU WATER RL WATER RL RL RL RL SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 104106105110116112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 16042785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10210 71 0 915051501150027722771277127721611 1509 1511 1605 1417 1605 1517 16011601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 FUTURE LAND USE MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9136-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9136-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9136-18 ORDINANCE NO. 9136-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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. 9134-18. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ATA2018-03001) Ordinance No. 9136-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) LMDR LMDR LMDR LMDRSR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10215051501150027722771277127721611 1509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/7/2018 ZONING MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9137-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9137-18 on second reading, annexing certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Ordinance No. 9137-18 ORDINANCE NO. 9137-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; (ANX2018-03004) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9137-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 PROPOSED ANNEXATION Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9138-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9138-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9138-18 ORDINANCE NO. 9138-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2018-03004) The map attached as Exhibits A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9137-18. Ordinance No. 9138-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 RL RL RL RL RU RU RU RU RL PPP GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 176527522758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1713 1759 1721 1720 1746 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 1737 28 16 1754 1764 40 44 172424 48 174027471756 36 32 1789 282427401745 20 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 FUTURE LAND USE MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9139-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9139-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9139-18 ORDINANCE NO. 9139-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9137-18. Property Zoning District Lot Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-03004) Ordinance No. 9139-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR LMDR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 ZONING MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9140-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9140-18 on second reading, annexing certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Ordinance No. 9140-18 ORDINANCE NO. 9140-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 (ANX2018-01003) 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. 9140-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 PROPOSED ANNEXATION Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9141-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9141-18 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 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9141-18 ORDINANCE NO. 9141-18 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 LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions Residential Low (RL) (ANX2018-01003) 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. 9140-18. Ordinance No. 9141-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) P R/OS RL RL RL RL RL RL RL R/OS CG R/OS RU RL RL RL RL P CG R/OS WATER RL WATER RH RU RU RU RU RL P RL RH MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 918 602 9 0 6 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530583019301030613034300330592998303030653053304130423080303630593012304730123064307630013021302430713072305030363047300030603019305330413047307130063071300030313013305530353041300630653077302930073035304130583041302330413070304830523024305830203006307730813018304030463047302430633030307630703040306430463075307630253074305330653070302630443035300730773006304030252950301230343030920 916 912 910 908 50 923 915 917 60 703001 301330123040302530593049304030003052305730473046305331003052303130183046-Not to Scale--Not a Survey-Rev. 3/22/2018 FUTURE LAND USE MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9142-18 2nd rdg Agenda Date: 5/3/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9142-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, 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 5/2/2018 Ordinance No. 9142-18 ORDINANCE NO. 9142 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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. 9140-18. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2018-01003) Ordinance No. 9142-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE ELMDR C OS/R P OS/R 932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030LDR HDR 916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 ZONING MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4496 Agenda Date: 5/3/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Amend Section 2.251 of the Clearwater Code of Ordinances, increasing the composition of the Sister Cities Advisory Board from six to seven members to include an at-large member and pass Ordinance 9133-18 on first reading. SUMMARY: On March 1, 2018 the Sister Cities Advisory Board made a recommendation to the City Council to add one at-large member to the Board, which the Council approved. Adoption of this Ordinance will allow for the one additional at-large member to be added to the Sister Cities Board raising the total from six to seven members. The at-large member to be appointed by the City Council and must reside within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/2/2018 Ordinance No. 9133-18 ORDINANCE NO. 9133-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.251, CLEARWATER CODE OF ORDINANCES, CHANGING THE COMPOSITION OF THE SISTER CITIES ADVISORY BOARD TO ADD AN AT-LARGE MEMBER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sister Cities Advisory Board advises the City Council on issues regarding the Sister Cities Program; and WHEREAS, the Sister Cities Advisory Board (“Board”) is currently comprised of six members; and WHEREAS, at the March 1, 2018 Clearwater City Council meeting, the Sister Cities Advisory Board made a recommendation to the City Council to add one (1) at -large member to the Board, which Council approved; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.251, Clearwater Code of Ordinances, is hereby amended as follows: Sec. 2.251. Composition. The sister cities advisory board shall consist of seven six members; one member of the city council, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, a Clearwater Arts Foundation representative, and a youth member who shall be 19 years old or younger and an at-large member. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundation representative shall not be required to reside within the City of Clearwater. Section 2. 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. 9133-18 Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4516 Agenda Date: 5/3/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve a Contract for Sale of Real Property in the amount of $137,000 between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. for city-owned property formerly used as a portion of Damascus Road and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. SUMMARY: May 18, 1964, City of Clearwater acquired the title to the right-of-way of Damascus Road, formerly known as Bostrom Road, per Resolution 64-90 of the City of Clearwater, Florida, as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida. This portion is approximately 17,960 sq. ft. and traverses through Drs. Kiran and Pallavi Patel Family Foundation, Inc.’s recently acquired property, formerly known as the Clearwater Christian College. The size and shape, of this city-owned land, impose limitations on potential land uses. Any meaningful development of this property will most likely require the adjacent lands. April 4, 2018, Jim Millspaugh and Associates performed an independent appraisal of the property. This appraisal report determined that the fair market value is $137,000. Per City Charter 2.01, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. This contract is contingent upon two pre-requisites. The first being City Council’s approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida, and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. The second pre-requisite being the declaration of the City Property as surplus by City Council for conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. Page 1 City of Clearwater Printed on 5/2/2018 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE CITY OF CLEARWATER, FLORIDA _____________________________ By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: _____________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "C" Exhibit "C" Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4545 Agenda Date: 5/3/2018 Status: City Manager ReportVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Appoint one member to the Community Development Board as the alternate member with a term to expire April 30, 2022. 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: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 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 (ALT. MEMBER) HAS A TERM WHICH EXPIRES ON APRIL 30, 2018 AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Charles Reed Haydon - 105 Bayside Drive, 33762 - Civil Engineer Original Appointment: 3/2/17 (0 absences in the last year) (Mr. Haydon was appointed as the alternate member to finish an unexpired term until 4/30/18) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. David L. Jaye - 2856 Shady Oak Ct., 33761 - Real Estate Page 1 City of Clearwater Printed on 5/2/2018 File Number: ID#18-4545 Yes to Alt. member seat 2. Peter P. Kohut, P.E. - 240 Windward Passage, Unit 105, 33767 - Civil Engineering Yes to Alt. member seat 3. Elizabeth Van Scoyoc - 3460 Countryside Boulevard, #51, 33761 - Administrative Specialist/Asst. Professor Yes to Alt. member seat Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33762, 2 at 33764 and 3 at 33767 Current Categories: 1 Architect 2 Attorneys 3 Civil Engineers 1 Landscape Architect 1 Real Estate Broker Page 2 City of Clearwater Printed on 5/2/2018 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 Please type or print clearly Name: / C724eA? / /' ©/i /2 Home Address: Office Address: 2 d0 lctt: r,/1.- /g-7/?c/42 s je, 4/.i7 /G`,5' e-,Q/.4/a 71, 4W Zip 37,6'..7 Zip Telephone: .Z /9 — 79/ _ Telephone: Cell Phone: 2/9 ° 79/— '5 " E -mail Address: p efeR%fa Z Duf/obk CoM How long a resident of Clearwater? 2 e. , s ,f, // 2I /107 ' Occupation: G % L-'•i ----ivy ir, 1.. 7/, Employer: ,8i'/ %%- / ir/ 7 #., 7, 4-W /PL Field of Education: Other Work Experience:. --4N /an41" 7145 , -- a s-: by /e--95..,-; , 7,e../7.4e, 36" -yg c7n : c h /? h4: Z.:76 47, G,? ,-- ei-25-A e-i25. ; // If retired, former occupation: C`Xec 1`cc%irs'c%Z' 6/y 4/9 /i co' '/a Community Activities: 5"/ , %,i, .',v -','% s /,--e • , 0.-pc-lo- , ,.7 X44.,7 ‘ y9 G.)*, 1% M 1 g,, 6e 42,4/4 .L3e/ Other Interests: "s .4/r2., jc sr ,aa// Board Service (current and past): Board Preference: G /,- e..eiv9- 7. ,426/5e-.0 J x"r! 6, 174 : ...."71/ Gncfr7. Jr ve4 & 7c C, /y Z---A,5,2 -- Gam, /TA /i 7 4.,e-,- 3 /ew Additional Comments: /d j6'/PO 1-1f 54' s; -e 5, 1-e /v 0 /y/ % ?- v w er aria 7c 10e7/ Signature: 0 Date: 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 RECE qaoneofthefollowing: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits 28 2017DeclarationofDomicilefiledwiththecityclerkaffirmingresidencywithincitylimas OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 3,90 V, Ch h9 / vor q / s. 6 e 7T S / /7 /er. 2 A' 42 i-" i `r/ SvZ'c/ir/iSea4/ 2/PVP /67cys, -70s 1 a 5 w / eq l,A1/•9q /?,P vesZ2- c //4 Pecan"//' -I PG'Q 12/ 4,A-7 Zle, C Q4-,-, -, 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Ave r/o/ O e e+l iii e y c"7/• -: e/ cnce, 71/4•-7c=/. 0c71 C05 " ee74,° Vs • UffPY'P47/cadvice Zic> 1504 1 /2 .`.. Zo 11,er°1 % a%? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? rrv'd AS /9/r4..-7 /7s55 /OA,7 h a /04, -7 /+7/tij /5 5,,,e". ds2 L 754/ eur /v?42 /Ra "4/ ?.5 7// :es , /q' 4. Why do you want to serve on this Board? rnI67wvOhL- c -0 t" nP J(/ L 7r it QPf/ e- S`i-jcy/d y g/i 4,w7 c, s i / ?io7 S b e,-7 9/ 7 Per /%719 c::7 s w e• c7.5 7/4- /P/ 9h 75 9 4 / / /0 i?v/JQrly t9o A2 A.,"? .5". C 0 $ c./fa, 713 Zh / vwrJ 4).4,7 /919,9 it, ?4,./.: . /C 7 ' e s 6;64/ roo-i* j 61/2el' csa di: 4' .5%,7, 7 ;7 Zh tSP G1iv /$/0.25 / 5-7.7'r /04, -7 c7nO7 RPZo/7e Name: r /Q k / P 'T Board Name: v- .>7•,-7/1/ 0ov -e ,-Z 6 a"'P i Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4555 Agenda Date: 5/3/2018 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Advantage Group Letter submitted by Bud Elias. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/2/2018 Citizen Comment Card Name: NAlvo--(--Ance-- -`'fc, Address: 17) -Y 0)P.- C nv'1A n I City: C lqiii,,,) ('-\--e(Z- Zip: 3 P7( V Telephone Number: Email Address: )'0AcC )oSgO(' w14-,J,e,1Vv Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For 7\ Against Citizen Comment Card Name: PAIMO v C'('D Address: MO /ek I woo is 7 2 City: a"A e. Jai -(6 /Z-- Zip: 17 7 5-6 Telephone Number: 72 7- ‘'-78 02 7 Email Address: 27 IDC C-757bI. Lcrki Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: / 2 ' What is your position on the item? For X Against Name: Citizen Comment Card Address: L. City• /!2 Zip: 3> Telephone Number: Z L-7 --- Email Address: iEP' 4,f,C Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: LZ'et- <Z r 6(44v-V7:47---fCSN 1 IZ— What is your position on the item? For Against Citizen Comment Card Name: c ZS Address:c t u,\ ''"i>=4, City: C\et.kt'w ® Zip: Telephone Number 2 Val 6 - Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: la - What is your position on the item? Fors- Against Travis Norton Political Communications & Advocacy Manager PINELLAS REALT© R'' ORGANIZATION TNorton@tampabayrealtor. corn Direct: 727. 216. 3036 Main: 727. 347. 7655 4590 Ulmerton Road, Clearwater, Florida 33762 www. pneliasrea: org Citizen Comment Card Name: 7/7d4 Address: gY-'6 Cran 12 in, City: (VWS e Zip: 396 ? ? Telephone Number: -7=2 7.-3“--1?/0 Email Address: Speaking under under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 10? What is your position on the item? For Against Name: Citizen Comment Card Address: MI a r71-61- h '1 IL) is k (i.) Pi City: eittAt Zip: 331gC. Telephone Number: ? 2 7 7Y/_ 9 Email Address: fri rja4nc46-? jhiai ('01-71 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: g I/O prt) CM') (c)yi s1711) CA6ir 10 (4/7 cieti r What is your position on the item? For Against Citizen Comment Card Name: 101 t SV Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? a. Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: Leh CN Address: \* S- 1` 2- 4 City: C \QO vlA rl l/ Zip: Z.; IS Telephone Number: Email Address: Zc c k%lnofn°craiL CorA Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: 00-0 Address: 2-qiA),G5-1-Cheg/& L City: tiA zip: ?L Telephone Number: . -26 7. Y12-6 Email Address:T?.0 d !/4.4+//JI T11/p Okv; Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For `--/ Against Name: Citizen Comment Card IfN Address: '2 7D AO a`- City: ( Zip: 5/V Telephone Number: 727 1 9 I qt9(6) Email Address:j)'rf/d O (X /CC/NI Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For ) Against Citizen Comment Card Name: o ?-/ OG-4/ff. Address: 0(il A, Dif c'/2 n / C city: L k Zip: 7J I Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 104 What is your position on the item? For Against Citizen Comment Card Name: tCe__ (74.er Address: 13 (jlit lit c -0,S & City: CL PA.A/6"k Zip: JY { 6 Telephone Number: 7a-7 - a34 -ori¢ Email Address: (ee e--(eeetrr 1 • .n4r4.4' Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak- /2 What is your position on the item? For Against Citizen Comment Card Name: / l l i, A MA Rci- Add ress: 33 f C) eve (tow S O L City C\e c''\./ k Zip: 33 7S---5 Telephone Number: - is - at -t39 Email Address: MAQ.S1-k (-3" . Corte Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Y Against Citizen Comment Card Name: 9ed/ esk/ a r2S' Address: 7TeleCity: O/ W Zip: 337S-5— Telephonephone Number: 7)1/Q #b's'CM') I Email Addres Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: G. What is your position on the item? For Against Citizen Comment Card Name: &½' ZL.04%2f Address: 6319/V -5 -- City: city: e441 --,, Zip: 3375-9 Telephone Number: 7a7 797- 9333 Email Address: Tfc a6e*/ir-1-LLi//i?-s • «in Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 4(1, a c a U., - 71" What is your position on the item? For Against X