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11/15/2018Thursday, November 15, 2018 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda November 15, 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 November Service Awards 4.2 Citizens Academy Graduation 4.3 Master Chorale Day Proclamation - Tom Barker, Development Director of The Master Chorale of Tampa Bay 4.4 World Pancreatic Cancer Day Proclamation - Danny Rowland, Pancreatic Cancer Action Network 4.5 Clearwater Jazz Holiday Presentation - Steve Weinberger , CEO Clearwater Jazz Holiday, -Gary Hallas, Marketing & Operations Consultant 4.6 Hooters Clearwater Super Boat National Championship Presentation - Frank Chivas 4.7 Transportation Planning Initiatives / Transportation Project Funding - Whit Blanton, Executive Director Forward Pinellas 4.8 Clearwater Housing Authority Presentation - Ms. Caitlein Jammo, CHA Vice-Chairperson 5. Approval of Minutes Page 2 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 5.1 Approve the November 1, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the First Amendment to Contract for Sale of Real Property by the City of Clearwater between the City and Habitat for Humanity of Pinellas County, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.2 Approve a renewal subscription to the ISO ClaimSearch for Non-Insurers Database effective January 1, 2019 through December 31, 2019, pursuant to City Code Section 2.564 (l) (i), services associated with Risk Management Casualty and Liability claims services; approve a not-to-exceed total of $15,000 for the annual membership fee and as-needed claim search fees; and authorize the appropriate officials to execute same. (consent) 7.3 Approve the initial one-year renewal term in the Agreement with Commercial Risk Management, Inc., of Tampa, Florida, for the management and administration of workers compensation claims and two additional one-year renewal terms, pursuant to City Code Section 2.564 (l) (i), for services associated with Workers Compensation exempt from bidding for a not-to-exceed total of $75,000; and authorize the appropriate officials to execute same. (consent) 7.4 Approve the annual renewal of CorVel Healthcare Corporation’s Agreement for the review of Workers Compensation Medical bills and Pharmacy Benefit Management services in the amount of $85,000 for term January 1, 2019 through December 31, 2019, an increase of $35,000 for the current annual term from January 1, 2018 through December 31, 2018, pursuant to City Code Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 7.5 Approve a proposal by Construction Manager J.O. Delotto and Sons, Inc. of Tampa, Florida, in the amount of $661,443 for renovations and upgrade of facilities at E.C. Moore Softball Complex Field 8 and 9 located at 2780 Drew Street and authorize the appropriate officials to execute same. (consent) 7.6 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater and Equity Lifestyle Properties, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.7 Approve Engineer of Record (EOR) Supplement Work Order 2 to King Engineering Associates, Inc. in the amount of $110,130 for the East Water Reclamation Facility Influent Pump Station Rehabilitation (13-0016-UT) and authorize the appropriate officials to execute same. (consent) 7.8 Approve a 2-year renewal to Clearwater Ferry Services Inc., Water Taxi Operating Agreement, commencing on December 1, 2018 and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Blanket Purchase Order for various roof repairs and replacements by Quality Roofing Inc and Garland/DBS Inc, not to exceed $300,000 annually, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) 7.10 Approve a truck scale and baler as surplus, pursuant to Chapter 2 Article VI, Division 4, Section 2.622 (Clearwater Code of Ordinances); authorize the sale to the highest bidder and authorize the appropriate officials to execute same. (consent) 7.11 Return to service four roll-off trucks and one front-end loading truck (for refuse collection from dumpsters) that were previously declared as surplus and authorized for sale Pursuant to Chapter 2 Article VI, Division 4, Section 2.622, and authorize the appropriate officials to execute same. (consent) 7.12 Approve a Legal Services Agreement hiring David Harris, Esq. as outside council to revise purchasing sections of the Code of Ordinances and the Purchasing Manual for an amount not to exceed $35,000 and authorize the appropriate officials to execute same. (consent) 7.13 Approve the Interlocal Agreement with Pinellas County and the Pinellas Suncoast Transit Authority (PSTA) to participate and fund an update of the findings of a 2008 study of the technical feasibility of a joint-use facility and evaluate potential site locations and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 505 and 806 Moss Avenue and 3059 Grand View Avenue and pass Ordinances 9207-18, 9208-18, and 9209-18 on first reading. (ANX2018-09018) 8.2 WITHDRAWN: 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 2101 North Hercules Avenue, together with abutting right-of-way of North Hercules Avenue and pass Ordinances 9204-18, 9205-18, and 9206-18 on first reading. (ANX2018-09017) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9170-18 on second reading, annexing certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.2 Adopt Ordinance 9171-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.3 Adopt Ordinance 9172-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 5 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 9.4 Adopt Ordinance 9173-18 on second reading, annexing certain real property whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.5 Adopt Ordinance 9174-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.6 Adopt Ordinance 9175-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.7 Adopt Ordinance 9180-18 on second reading, annexing certain real properties whose post office addresses are 1251 Sedeeva Circle North and 1923 North Betty Lane, all within Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.8 Adopt Ordinance 9181-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1251 Sedeeva Circle North as Residential Urban (RU) and 1923 North Betty Lane, Clearwater, Florida 33755, as Residential Urban (RU) and Preservation(P)/Drainage Feature Overlay, upon annexation into the City of Clearwater. 9.9 Adopt Ordinance 9182-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1251 Sedeeva Circle North Clearwater, Florida, 33755 as Low Medium Density Residential (LMDR), and 1923 North Betty Lane, Clearwater, Florida 33755, as Medium Density Residential (MDR) and Preservation (P), upon annexation into the City of Clearwater. 9.10 Adopt Ordinance 9183-18 on second reading, annexing certain real property whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, together with abutting right-of-way of Johns Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.11 Adopt Ordinance 9184-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). Page 6 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 9.12 Adopt Ordinance 9185-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.13 Adopt Ordinance 9186-18 on second reading, annexing certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.14 Adopt Ordinance 9187-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Medium (RM). 9.15 Adopt Ordinance 9188-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). 9.16 Adopt Ordinance 9196-18 on second reading, annexing certain real property whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.17 Adopt Ordinance 9197-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. 9.18 Adopt Ordinance 9198-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.19 Adopt Ordinance 9199-18 on second reading, annexing certain real property whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.20 Adopt Ordinance 9200-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.21 Adopt Ordinance 9201-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 7 City of Clearwater Printed on 11/14/2018 November 15, 2018City Council Meeting Agenda 10. City Manager Reports 10.1 Accept Ordinance 2018-10, an Interlocal Agreement/Franchise with the City of Indian Rocks Beach, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Indian Rocks Beach and adopt Resolution 18-21. 10.2 Authorize a purchase order to Encore Broadcast Equipment, Inc. of Tampa, FL, in the amount of $153,355.74 for labor and equipment to relocate the broadcast facilities from City Hall to the Clearwater Main Library, providing for upgrades to the broadcast equipment, and securing of unused broadcast equipment, in accordance with City Code of Ordinances 2.564(1)(b) Other Governmental Bids, and authorize the appropriate officials to execute same. 11. City Attorney Reports 12. Other Council Action 12.1 City Manager/City Attorney Salary Discussion 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 8 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5325 Agenda Date: 11/15/2018 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: November Service Awards SUMMARY: 5 Years of Service Justina Vasquez Parks and Recreation Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5377 Agenda Date: 11/15/2018 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: Citizens Academy Graduation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5380 Agenda Date: 11/15/2018 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: Master Chorale Day Proclamation - Tom Barker, Development Director of The Master Chorale of Tampa Bay SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5381 Agenda Date: 11/15/2018 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: World Pancreatic Cancer Day Proclamation - Danny Rowland, Pancreatic Cancer Action Network SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5378 Agenda Date: 11/15/2018 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: Clearwater Jazz Holiday Presentation - Steve Weinberger , CEO Clearwater Jazz Holiday, -Gary Hallas, Marketing & Operations Consultant SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5379 Agenda Date: 11/15/2018 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: Hooters Clearwater Super Boat National Championship Presentation - Frank Chivas SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5332 Agenda Date: 11/15/2018 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: 4.7 SUBJECT/RECOMMENDATION: Transportation Planning Initiatives / Transportation Project Funding - Whit Blanton, Executive Director Forward Pinellas SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Building Partnerships for Transportation & Development November 15, 2018 1 Forward Pinellas Role Land Use + Transportation 2 Why Forward Pinellas? ›Special Act in 2014 created a 13-member board for countywide land use and transportation planning ›Align resources and plans that help to achieve a compelling vision for Pinellas County, our individual communities and our region ›Provide leadership and technical assistance for 25 local governments 3 4 Housing + Transportation Affordability* Pinellas 57% ›Safety Harbor: 68% ›Largo: 51% ›St. Pete: 56% ›Clearwater: 58% Pasco 57% ›NPR: 46% ›Wesley Chapel 66% ›Trinity: 76% Hillsborough 58% ›Tampa: 56% ›Plant City: 55% ›Temple Terrace: 56% Source: H+T Index; Center for Neighborhood Technology *Household income spent on housing and transportation (45% is benchmark) Integrating Land Use and Transportation ›Countywide Plan, Rules & Map ›Directs higher-density redevelopment into activity centers and multimodal corridors that can support a variety of transportation modes ›Technical Assistance ›Long Range Transportation Plan ›Balanced and integrated multimodal transportation system ›Transportation Improvement Program ›Identifies transportation priority projects for funding 5 Framework for Regional Long Range Transportation Plan: One Long Range Plan for the Tampa Bay Area – “Three Ring Binder” 6 Regional Hillsborough Pasco Pinellas Regional Element – requires Hillsborough, Pasco and Pinellas to agree upon regional investments and revisions to those investments Scenarios for the future Local Elements – provides autonomy to local MPOs to set priorities for local projects and supporting policies These local elements may be changed without approval from the full region Advantage Pinellas Integrated Planning for Transportation + Transit 7 8 8 ›Improve mobility & incentivize redevelopment ›Support desired redevelopment through core routes & station framework ›Attainable housing and complementary Complete Streets strategies 9 Existing 2018 PSTA Midday NetworkProposed PSTA Midday NetworkFive Point Plan 1.Define Premium Transit corridors 2.Conduct corridor visioning & redevelopment planning 3.Establish discretionary/ dedicated funding source 4.Prioritize corridors for state/federal funding 5.Ensure clarity & transparency of roles Complementary Efforts 10 11 11 ›Regional Transit Feasibility Plan ›Central Avenue Bus Rapid Transit ›Many Partners›FDOT›TBARTA›Multiple MPOs and transit providers›Regional Planning Council 12 ›SPOTlight Emphasis Areas: integrating land use & transportation ›Connectivity & access, economic opportunity and housing affordability ›$1M+ funding partnership with FDOT matching local funds ›FDOT-led Intermodal Center Feasibility Study for the Gateway Area 30 square mile study area includes four local governments (St. Petersburg, Largo, Pinellas Park, and Pinellas County) Example: Gateway Area Master Plan Regional Roles & Responsibilities 13 14 Where Do Our Missions Align? Implement & Build Plan, Prioritize & Coordinate TMA Local Municipal Govs Discussion Whit Blanton, FAICP 727-464-8712 wblanton@forwardpinellas.org 15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4947 Agenda Date: 11/15/2018 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: 4.8 SUBJECT/RECOMMENDATION: Clearwater Housing Authority Presentation - Ms. Caitlein Jammo, CHA Vice-Chairperson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4986 Agenda Date: 11/15/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the November 1, 2018 City Council Meeting Minutes 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 11/14/2018 City Council Meeting Minutes November 1, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, November 1, 2018 6:00 PM Council Chambers City Council Draft City Council Meeting Minutes November 1, 2018 Page 2 City of Clearwater Roll Call Present: 4 - Mayor George N. Cretekos, Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and Councilmember David Allbritton Absent: 1 - Vice Mayor Doreen Caudell 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 – Pastor Steve Kreloff from Lakeside Community Chapel 3. Pledge of Allegiance – Councilmember Cundiff 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 October Employee of the Month The employee of the month award was presented to Christa Smith, Library. 4.2 Suncoast Jazz Classic Weekend Proclamation, November 16-18, 2018 - Joan Dragon, Suncoast Jazz Classic Director 4.3 PSTA TRAC Star Award, Gloria Lepik Corrigan Ms. Corrigan presented a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the October 18, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. Draft City Council Meeting Minutes November 1, 2018 Page 3 City of Clearwater Councilmember Cundiff moved to approve the October 18, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Shirley Moran said she can now walk to City Hall and expressed her interest in becoming involved with the City again. 7. Consent Agenda – Approved as submitted. 7.1 Authorize the partial reimbursement to the United States Department of Housing and Urban Development (HUD) of $130,000 for Fiscal Year 2000 Economic Development Initiative-Special Project Grant for the City of Clearwater, Number B-00-SP-FL-0088. (consent) 7.2 Authorize purchase orders to Rock Solid Home Inspections of Tampa, LLC, and NOVA Engineering and Environmental, LLC, both of Tampa, FL, for building inspections, reporting, and construction management services, in the annual amount of $30,000 per vendor, for a one-year term with three annual renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.3 Approve a purchase order in the amount of $840,000 to Unum Life Insurance Company of America for the period January 2019 through December 2020 for city paid life insurance and Long-Term Disability benefit and authorize the appropriate officials to execute same. (consent) 7.4 Accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Police Department’s Naloxone (Narcan) supply in the valued amount of $20,416 and authorize the appropriate officials to execute same. (consent) 7.5 Accept a 2016-2017 Edward Byrne Memorial Justice Assistance Grant in the amount of $15,849 for a Mental Health Check Team Pilot program and authorize the appropriate officials to execute same. (consent) 7.6 Accept a Sidewalk Easement over a portion of Lot 2, Block 2, of C.E. Jackson’s Subdivision (902 Engman Street), conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) 7.7 Accept a Sidewalk Easement over a portion of Lot 2, Block J Fairmont Subdivision Draft City Council Meeting Minutes November 1, 2018 Page 4 City of Clearwater (1159 Russell Street), conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) 7.8 Award a construction contract to GHD Services, Inc., of Tampa, FL, in the amount of $960,575.83 for the Marshall Street Digester Demolition (09-0024-UT); approve Engineer of Record (EOR) Supplemental one Work Order from King Engineering in the amount of $52,192; and authorize the appropriate officials to execute same. (consent) 7.9 Approve a contract to Sun Print Management of Tampa, FL in the annual amount of $160,000.00 for printer hardware, supplies, and enterprise maintenance services for the period November 1, 2018 through October 31, 2019 with two one-year renewals in the same amount at the City’s option, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid; increase current term Contract 900094 (ending October 31, 2018) with Sun Print Management by $9,500 for a new total of $134,500.00 and authorize the appropriate officials to execute same. (consent) 7.10 Approve the 2019 City Council Meeting Schedule. (consent) 7.11 Appoint two members to the Brownfields Advisory Board, Leedrilla Jenkins as the Resident representative and Mark T. Parry as the Government representative with terms to expire November 30, 2022. (consent) 7.12 Appoint Robert Prast and Jonathan Barnes to the Municipal Code Enforcement Board with terms to expire October 31, 2021. (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 Declare surplus for the purpose of sale, through Invitation to Bid 01-19, Surplus Property-Engman Street, real property located at Greenwood Park No 2, Block D Lot 66; whereby the successful bidder will assemble the parcel with existing property creating a functional piece of property for use. On April 3, 1967, the City of Clearwater acquired this small remnant parcel via Tax Deed. The adjacent property owner expressed interest in acquiring this piece of land to increase the size of their property. Draft City Council Meeting Minutes November 1, 2018 Page 5 City of Clearwater This strip of land runs along the west side of Douglas Ave and is approximately 25 ft. by 91 ft. Its size imposes limitations on potential land uses. Any meaningful development of the property will require the use of adjacent lands. An independent appraisal was performed on the property on August 30, 2018 by Jim Millspaugh and Associates. This appraisal report determined that the fair market value is $2,275.00. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. One individual spoke in support. Councilmember Allbritton moved to declare surplus for the purpose of sale, through Invitation to Bid 01-19, Surplus Property-Engman Street, real property located at Greenwood Park No 2, Block D Lot 66; whereby the successful bidder will assemble the parcel with existing property creating a functional piece of property for use. The motion was duly seconded and carried unanimously. 8.2 Approve the request from the owner of adjoining property to vacate a 50-foot Right of Way of East Avenue that abuts their property and pass Ordinance 9147-18 on first reading. (VAC2018-06) The property owner has requested the City vacate a 50-foot Right of Way of East Avenue adjoining their property. 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. Councilmember Cundiff moved to approve the request from the owner of adjoining property to vacate a 50-foot Right of Way of East Avenue that abuts their property. The motion was duly seconded and carried unanimously. Ordinance 9147-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9147-18 on Draft City Council Meeting Minutes November 1, 2018 Page 6 City of Clearwater first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9161-18 on second reading, amending the Community Development Code Appendix B, US 19 Zoning District relating to self-storage warehouses. In response to a question, the City Attorney said, per City Council Rules, a 2-2 vote will refer Item 9.1 to the next council meeting. Ordinance 9161-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9161-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 3 - Mayor Cretekos, Councilmember Hamilton and Councilmember Allbritton Nays: 1 - Councilmember Cundiff Motion carried. 9.2 Adopt Ordinance 9189-18 on second reading, amending the Community Development Code by repealing and replacing Chapter 51, Flood Damage Prevention; amending Chapter 47 to adopt local administrative and technical amendments to the Florida Building Code related to flood damage prevention. Ordinance 9189-18 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9189-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 9.3 Withdrawn: Adopt Ordinance 9150-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). Draft City Council Meeting Minutes November 1, 2018 Page 7 City of Clearwater AND 9.4 Withdrawn: Adopt Ordinance 9151-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Office (O) and Low Medium Density Residential (LMDR) to Institutional (I). No Action. 10. City Manager Reports 10.1 Pit Gills, MD Helo Pad Request Dr. Gills reviewed his request and said the helicopter will be able to access his property without going over other homes. His property is located in Class G air space. If the City approves the request, he will seek approval from his Home Owners Association (HOA) and the Federal Aviation Administration (FAA). Dr. Gills said the City could use the helo stop for emergency evacuations. In response to questions, Dr. Gills said the helicopter is permanently parked at the Clearwater Airpark. He typically flies out on Wednesdays. The HOA would establish the parameters on when the helo stop may be used. He said his house is built on one lot with a volleyball court on an adjacent lot. The adjacent property owner uses the residence three weeks of the year. Planning and Development Director Michael Delk said the City does not regulate occupancy. A city ordinance can be drafted to allow helo stops in one zoning district or in all zoning districts. The ordinance can have various criteria, such as setbacks from residential property, for different zoning districts. He said Dr. Gills' property is located in the LMDR (Low Medium Density Residential) zoning district. Mr. Delk said staff believes the subject property is too constrained to be a helo stop. He said staff did not research the FAA's criteria for helo stops. In response to a concern, Dr. Gills said the helo stop will be 180 ft. from the property line. The design of the helo stop will be pursued after receiving the FAA's approval, which will outline required parameters. The City Attorney said the City cannot establish zoning requirements for one property; the zoning requirements must apply citywide. Council has the ability to establish a lower distance requirement that will not be Draft City Council Meeting Minutes November 1, 2018 Page 8 City of Clearwater consistent with other jurisdictions. A helo stop cannot be constructed without the FAA's approval. Discussion ensued with consensus not to pursue a zoning code amendment until Dr. Gills receives FAA approval and it is known where the helo stop will be from the property line. 10.2 Approve assignment of the name Mulberry Alley to this previously unnamed alley and adopt Resolution 18-19. The City of Clearwater received a request from the Clearwater Historical Society to assign a name to an improved 10-foot wide alley that was apparently recognized many years ago as Mulberry Lane. This East/West alley is between Lime Street and Orange Avenue and between Bay Avenue and Fort Harrison Avenue. The alley name will assist the Clearwater Historical Society with parking directions when the historic South Ward School renovation is complete and opens as a history museum later this year. The Alley name “Mulberry Lane” (the alley between South Ward School and first United Methodist Church) was used by the original land owners, Taylor, Turner and Whitehurst dating back to 1854 as a North / South property line. The tract of land, 160 acres total, encompassed the area west of Ft. Harrison, south of Laura to Jeffords. The 160 acres was purchased in 1854 from Taylor by Whithurst and Turner where Turner took the northern part. The Clearwater Historical Society is requesting the name designation to identify with the history of the City of Clearwater. Councilmember Hamilton moved to approve assignment of the name Mulberry Alley to this previously unnamed alley. The motion was duly seconded and carried unanimously. Resolution 18-19 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 18-19. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 10.3 Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, Draft City Council Meeting Minutes November 1, 2018 Page 9 City of Clearwater extending the time-period to commence construction until August 26, 2020 and authorize the appropriate officials to execute same. The City conveyed to Decade Sea Captain LLC (Decade), certain real property known as 41 Devon Drive pursuant to a Special Warranty Deed dated January 24, 2017. The Special Warranty Deed granted to the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period, which was August 26, 2018. Decade has secured a Development Order to proceed with said construction; therefore, the City has determined an extension of the Construction Commencement Period would be in the best interest of the City. To that end, the City and Decade desire to modify the Special Warranty Deed to extend the Construction Commencement Period for a term of two years to expire on August 26, 2020. In response to a question, the City Attorney said staff spoke with the property owner's representative regarding the public parking. The hotel only parking sign has been corrected and the public parking spaces have been delineated. If there is no parking attendant on site, individuals using the public parking spaces will need to go to the hotel and pay the parking fee. Councilmember Allbritton moved to approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence construction until August 26, 2020 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cundiff invited all to the annual Veteran's Day celebration and said it is the 100th anniversary of the Armistice. He said a plaque can still be purchased to support Veteran's Plaza. Councilmember Hamilton encouraged all to vote on Tuesday, November 6th and said he is relieved hemorrhoid cream and toilet paper commercials will take place of the political ads on tv after the election. Draft City Council Meeting Minutes November 1, 2018 Page 10 City of Clearwater Councilmember Allbritton said the Clearwater Historical Society is hosting a fish fry at Ross Norton on Saturday November 10th at 11:00. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and encouraged all to vote on November 6. 14. Adjourn The meeting adjourned at 6:58 p.m. Mayor City of Clearwater Attest City Clerk Draft Citizen Comment Card Name: )1e142. J4)8,() Address: / ?7 16,25:,, --bio, Cr. Id City: Ci...-6140/4--TF-4_ Zip: -33 ZG l Telephone Number: 7,3, 7 - 7 ` 30 75 Email Address: Y92/1,44,______1.1.5/1-, /iitE Speaking under citizens to be heard re items not on the agenda? Urs"..--.- Agenda Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: - PDQ. t csnO Address: N .1-1-19 J L 4\j City: l ( '91- Zip: J 37 j3 Telephone Number: ! ) J (2)-• `) i Email Address: atro'no[Y)v-p I of) 1--rer 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 LEA WAS' err VITFUL,NIXTO Name: Citizen Comment Card Address: 20/) 64-4rt& city- Zip: -3 j 7{0 Telephone Number: 72-7-Sloo'604 { Email Address: :Ltr kee (C {-comp i.61 c o M Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which//you wish to speak. MA -S 2- (trb sQ*ce ave -1_11-11440-1 421-) What is your position on the item? For Against Citizen Comment Card Name: Jeqnetitee Address: City: 300 iiiosfitve, 90L, Zip: Telephone Number: l2 ?) //4; Email Address: xdw 57-5*11r; Speaking under citizens to be heard re items not on the agenda? SC - Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: /e7/, / Z,-C7 t9(/ice/' Address.f & i"55 ,YJ City• C/e2//-71e% Zip: 3577 Telephone Number: 727- Email 27 Email Address: S D,f,/5/2-.e.<jr/A7 Speaking under citizens to be heard re items not on the agenda? X., Agenda item(s) to which you wish to speak: What is your position on the item? For Against Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5373 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the First Amendment to Contract for Sale of Real Property by the City of Clearwater between the City and Habitat for Humanity of Pinellas County, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The property, located at 1454 S Martin Luther King, Jr. Avenue, is currently vacant and it is identified by Resolution #17-38 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #22-29-15-00000-320-1300). On January 18, 2018, City Council declared the property surplus for the purpose of sale, through Invitation to Bid #14-18, whereby the successful bid was required to meet the terms set by Council. (NOTE: Following the council meeting, an administrative matter required staff to change the ITB number to #21-18.) Among terms set by Council, the property must be developed with a minimum of ten (10) residential units for sale to households with total household income at or below 80% of area median income. Habitat for Humanity of Pinellas County (Habitat) was the successful bidder and entered into a Contract for Sale of Real Property by the City of Clearwater on June 25, 2018. Because the site poses challenges, Habitat is confident, but not certain, it can secure approvals to construct the ten required homes. The current contract requires closing by November 15. The proposed Amendment will extend closing to January 18, 2019 providing Habitat adequate time to gain necessary approvals. Proceeds from sale will be used for future CDBG-eligible projects administered by the Economic Development & Housing Department. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/14/2018 FIRST AMENDMENT TO CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA THIS FIRST AMENDMENT TO CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA is made and entered this _______ day of November, 2018, by and between 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 HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 13355 49th Street North, Clearwater, Florida 33762, (collectively "Parties") WHEREAS, the City and Buyer entered into that certain Contract for Sale of Real Property by the City of Clearwater, Florida dated June 25, 2018 (herein, “Purchase Contract”); and WHEREAS, The Parties agree that closing will not occur within the allotted time according to the Purchase Contract and both parties desire to ratify the contract and to extend the time for closing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree as follows, effective as of the date of this Agreement: 1. Paragraph 10 of the Purchase Contract is hereby changed in its entirety to the following: 10. 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 January 18, 2019 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 8 above. 2. All terms and conditions of the Purchase Contract not amended hereby shall remain in full force and effect. The Remainder of this Page Intentionally Left Blank Page 2 of 2 First Amendment to Contract for Sale of Real Property by the City of Clearwater, Florida November 2018 EXECUTED this _____ day of ________________________, 2018 by Buyer. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: _____________________________ By: _____________________________ Michael Sutton, CEO _____________________________ Print Name _____________________________ _____________________________ Print Name APPROVED BY SELLER & EFFECTIVE this _____ day of November 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 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 HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 13355 49th Street North, Clearwater, Florida 33762, (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" attached hereto and hereby incorporated herein, hereinafter referred to as the Property" 2. FULL PURCHASE PRICE $ 206,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing $ 206,000.00 4. PURCHASE PRICE The full Purchase Price has been determined by Invitation to Bid No. 21-18 (ITB 21-18), a competitive bid initiated by the City of Clearwater. The minimum bid price established in ITB 21-18 was based upon an appraisal prepared by James Millspaugh and Associates, Inc. with a valuation date of September 6, 2017. 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. 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 8 acceptable to Buyer and to the covenants and restrictions as provided herein. 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. COVENANTS & RESTRICTIONS The sale proposed in this contract shall be subject to the following covenants and restrictions: (1) The property being developed with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income, (2) Vertical construction must commence within one year of closing. If Buyer fails to commence vertical construction within one year of purchase, Seller has the right, at its sole discretion, repurchase the Property from Buyer. Buyer, upon the request from Seller, shall forthwith reconvey the Property to Seller via special warranty deed at a purchase price of $206,000.00. 8. TITLE EVIDENCE Seller shall, at Seller expense and within 20 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 10 days from receiving evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, by the end of the Title Examination Period, 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. 9. 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. 10. 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 September 15, 2018 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 8 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 effect upon any other term, covenant or condition contained in this contract. GM18-1510-221/220646/11 Page 2 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 21 ("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 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 GM 18-1510-221/220646/1 1 Page 3 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 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. 17. 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. 18. 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. 19. 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. 20. DEFAULT 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. GM18-1510-221/220646/1] Page 4 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 21. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially affect the value of the Property, or which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write "NONE") No NC - Buyer shall have the number of days granted in Paragraph 16(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. 22. 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. 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 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. 25. ASSIGNABILITY; PERSONS BOUND 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). 26. 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. GM18-1510-221/220646/1] Page 5 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. 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. 29. 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. 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. 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. 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. The Remainder of this Page Intentionally Left Blank GM 18-1510-221 /220646/1 ] Page 6 of 7 Contract for Sate of Real Property by the City of Clearwater, FL June 2018 EXECUTED this day of , 2018 by Buyer. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. By: APPROVED BY SELLER & EFFECTIVE this ,.. S4 -1 - day of 4/1 , 2018. RI/Ott( rter e1/4j George N. Cretekos Mayor THE CITY OF CLEARWATER, FLORIDA By: LI) 14844411) -z - William B. Horne, II City Manager Approved as to form: Attest: La& Laura Lipowski Mahony Assistant City Attorney GM18-1510-221/220646/1] Page 7 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 Rosemarie CaII City Clerk Contract for Sale of Real Property by the City of Clearwater, FL June 2018 EXHIBIT "A" A Parcel of land in Section 22, Township 29 South, Range 15 East, City of Clearwater, Pinellas County, Florida, being more particularly described as follows: Commence of the Southeast Corner of the Northwest One Quarter of the Southwest One Quarter of said Section 22; thence run North 00°22'53" West, being the centerline of Greenwood Avenue and the East boundary of said Northwest One Quarter of the Southwest One Quarter of said Section 22, a distance of 238.71 feet; thence run North 89°14'11" West, a distance of 30.01 feet to the West RNV line of said Greenwood Avenue; thence run North 00°22'53" West along said West RNV line a distance to 111.31 feet to the Point of Beginning. From said Point of Beginning, run North 89°14'11" West, leaving said West RNV line, a distance of 260.40 feet; thence run North 00°22'53" West, a distance of 225.00 feet; thence run South 89°14'11" East, a distance of 260.40 feet to the said West RNV line; thence run along said West RNV line South 00°22'53" East, a distance of 225.00 feet to the Point of Beginning. BELLEAIR RD S MISSOURI AVE WOODLAWN ST HOWARD ST EWING AVE TILLEY AVE S MICHIGAN AVE KINGSLEY ST TIOGA AVE S MARTIN LUTHER KING, JR. AVE S MADISON AVE SCRANTON AVE S WASHINGTON AVE S PROSPECT AVE QUEEN ST WOODLAWN LOOPALMA ST HARVEYS LN HARRIS LN PEARL ST WILLIAMSON LN WILDWOOD ST S MADISON AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PARCELLOCATION JCA CL N.T.S.314A 22-29-1512-27-2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: REAL PROPERTY SURPLUS1454 S MARTIN LUTHER KING JR AVEPARCEL # 22-29-15-00000-320-1300 Document Path: V:\GIS\Engineering\Location Maps\ChuckLaneRealPropertySurplus_MLK.mxd STEVENSON CREEK Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5359 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a renewal subscription to the ISO ClaimSearch for Non-Insurers Database effective January 1, 2019 through December 31, 2019, pursuant to City Code Section 2.564 (l) (i), services associated with Risk Management Casualty and Liability claims services; approve a not-to-exceed total of $15,000 for the annual membership fee and as-needed claim search fees; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department would like to renew its current agreement approved by City Council in 2018 and continue its participation as a member of the ISO ClaimSearch database for Casualty and Claims Inquiry, which allows Risk Management Specialists to determine if claimants who have filed claims against the City of Clearwater for bodily injury or workers compensation claims have had previous and/or current accidents nationwide. This database is shared by most insurance companies, third party administrators and municipalities in the industry who administer claims and is considered part of best practices in claims management and severity control. It is a single source provider of this service. Its reputation and quality of product are well known in the industry. This web-based search and report tool is particularly effective in identifying “professional claimants.” There is a $7.90 fee for single field searches and $13.10 for name/address searches, along with an annual membership fee of $1,100. Claims reports received will be accessed through a web portal. Staff is requesting approval of a total not-to-exceed amount of $15,000 to cover the searches for the year and the annual membership fee of $1,100. Their agreement does include an auto-renewal provision with a 90-day cancellation clause. APPROPRIATION CODE AND AMOUNT: Account # 5909830-557100 $1,100 Account# 5909830-530300 $13,800 Page 1 City of Clearwater Printed on 11/14/2018 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 1 of 10 This is a Product Supplement to the ISO Master Agreement, 03-14 edition, September 21, 2017 dated by and between City Of Clearwater (“Licensee") and Insurance Services Office, Inc., on behalf of itself, its subsidiaries and affiliates, (all of which are collectively referred to herein as "ISO”). 1.DESCRIPTION: This Product consists of the electronic provision to Licensee of loss claims history information from various ISO ClaimSearch® databasesconcerning insurance claims and the property subject to the claim (“Databases”). This product also provides access to various services concerning the insurance claim. 2.AUTHORIZATION FOR LICENSEE INFORMATION: Licensee hereby authorizes the use of all Licensee Information (defined below) reported to ClaimSearch under this Product Supplement, whichincludes any digital media, and consents to ISO’s use of and sharing of Licensee’s Information for the purposes permitted under this ProductSupplement. 3.SCOPE OF USE: a)Licensee warrants that it, its employees and Authorized Users of the Databases shall use the Databases exclusively for purposes ofinsurance claims processing, investigation, fraud detection and prevention. “Authorized Users” of Licensee shall mean certain designated employees, officers and directors of Licensee, in each case who are performing or providing services to the Licensee, and who havebeen pre-approved in writing by ISO. b)Licensee shall designate its employees who are involved in the processing, investigation and payment of claims to be the only persons toreceive or use claims reports and other information from ISO ClaimSearch. Licensee will notify ISO immediately of any change in suchdesignations. Licensee shall be responsible for ensuring that only Authorized Users access ISO ClaimSearch, and that those Authorized Users use the information only for processing active claims. No information received through ISO ClaimSearch shall be provided to anyemployees not authorized to access the information or to any third party, other than the insurance company which has provided the initialclaim information to ISO. c)Licensee may deliver this product to Authorized Users via local or wide area networks or intranets or extranets or similar electronicmeans, pursuant to all other terms, conditions and limitations of this Product Supplement. ISO may periodically audit Licensee’s booksand records as required to verify compliance with the ISO ClaimSearch Privacy and Security Policies. Licensee agrees to comply withthe Audit process contained in the ISO ClaimSearch Privacy and Security Policies including all updates to that policy during the term ofthis Product Supplement. Neither Licensee, its employees, any other authorized user of the products, nor anyone acting by or throughLicensee shall sell, transfer, distribute, publish, disclose, display or otherwise make the products, or any of the information therein,available, in whole or in part, to any other person or entity, without the express written consent of ISO. 4.REPORTING OBLIGATIONS (Database segments only):a)Using forms and methods prescribed by ISO, Licensee agrees to provide the claims information described for that product (individuallyand collectively referred to herein as "Licensee Information"). Licensee shall submit all Licensee Information in accordance with thetimeframes required by ISO. b)Licensee shall retain adequate documentation of all Licensee Information submitted to ISO. In the event that ISO determines for anyreason to audit, investigate or reinvestigate any Licensee Information, Licensee shall comply with any written auditing proceduresprovided to Licensee by ISO and shall cooperate fully in assessing the accuracy and completeness of such information. Full cooperationshall include, but not be limited to, an undertaking by Licensee to verify the accuracy of Licensee Information. c)Licensee represents and warrants that all Licensee Information submitted to ISO pursuant to this Product Supplement shall be true andaccurate to the best of its knowledge, information and belief and that reasonable commercial attempts have been made to ensure dataquality. Licensee shall require its appropriate personnel to certify that any Licensee Information provided by them is true and accurate tothe best of their knowledge, information and belief. Licensee agrees to conduct periodic audits of its claims input procedures to assure maximum accuracy of Licensee Information. d)Licensee is required to provide Licensee Information containing claims data for the database services selected (as checked or referencedbelow). Licensee shall submit Licensee Information to ISO for all claims reported during the term of this Product Supplement on atransaction basis in mutually agreed-upon formats. In addition, if Licensee is an insurer, an initial report may be submitted to ISO, whichincludes a three to five year master loss history file, the specific format of which will be agreed to by ISO and Licensee. 5.ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THESE PRODUCTS:a)Neither Licensee nor its employees or Authorized Users shall use the Databases for purposes of insurance underwriting (includingratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policycancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or other similar purpose. Licensee’s use shallcomply in all respects with the ISO ClaimSearch Privacy and Security Policy, including all updates to that policy made during the term ofthis Product Supplement that are provided to Licensee and Licensee shall be responsible for ensuring its employees and AuthorizedUsers’ use complies in all respects with such Policy. b)Licensee acknowledges and agrees neither Licensee, its employees, any other user of the products, nor anyone or anything acting by orthrough Licensee shall use the information obtained from the Databases (“ClaimSearch Information”) to: 1) create a database; 2) createany derivative work product in a manner that does not directly and solely support the evaluation or investigation of an active claim; 3)create a database or product that competes with or can be used as an alternative to the Databases; 4) populate, enhance or improve anyLicensee database, software or system; or 5) use any third party to create a database or create derivative work product in a manner thatis prohibited in sections 1, 2, and 3 herein. c)Neither Licensee nor its employees or Authorized Users, any third party, nor anyone or anything acting by or through Licensee shallwarehouse ClaimSearch Information in whole or part, received from ISO. “Warehouse” shall mean the electronic accumulation andstorage of any amounts of ClaimSearch Information for general decision support or business intelligence purposes or any other purposes DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 2 of 10 other than processing an individual and active claim subject to the terms in this Product Supplement. Except as permitted hereunder, neither Licensee nor its employees or any Authorized User shall (i) disassemble, decompile, manipulate, aggregate or reverse engineer the product or the other information obtained from the product and shall not permit any third party to disassemble, decompile, manipulate, aggregate, or reverse engineer the product or (ii) sell, license, publish, publish, display, copy, distribute, or otherwise make available the information obtained from this product in any form or by any means. d)Licensee hereby requests the product(s) described herein and represents that this request is made by its authorized representative.Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licenseeshall provide all necessary Licensee equipment and appropriate interfacing devices and communication lines with the connectivityarrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. e)This product and the ClaimSearch Information licensed hereunder are copyrighted by ISO and other third-party providers as specified herein. ISO shall not be responsible for any claim that may arise out of the third-party providers' information included in this product.Licensee agrees that if ISO is no longer authorized by a third party provider(s) to deliver the product or the information contained therein,or if directed by a third party provider, ISO may immediately, without prior notification, terminate Licensee’s access to this product or theinformation contained in the product. f)ISO agrees, represents and warrants that it will use the Licensee Information supplied by Licensee hereunder strictly in accordance with the terms and provisions of this Product Supplement as expressly and specifically set forth herein. During the term of this ProductSupplement, Licensee grants to ISO a non-exclusive license to: (1) incorporate the Licensee Information into the Databases; (2) todisseminate Licensee Information to other ISO licensees; (3) use the Licensee Information for new and enhanced features andimprovements to the Databases; (4) use Licensee Information for new and enhanced products, features, improvements and enhancedsolution offerings; (5) use the Licensee Information for internal research and development purposes in support of the insurance process;and (6) use Licensee Information with ISO’s authorized third parties that have been vetted by ISO and under written obligations ofconfidentiality, solely to support ISO for the purposes stated herein. g)ISO grants to Licensee a limited, revocable license to use and access the product, Databases and ClaimSearch Information solely withinthe states, jurisdictions or territories of the United States, District of Columbia, Guam, Puerto Rico, and the US Virgin Islands. Licenseeshall not use or access the product or ClaimSearch Information from outside of the states, jurisdictions or territories of the United States, District of Columbia, Guam, Puerto Rico, or the US Virgin Islands, without ISO’s express prior written approval. h)Licensee warrants that it will comply with the ISO ClaimSearch Privacy and Security Policy (including updates) provided to Licensee. i)The parties acknowledge and agree that ISO may utilize a third party cloud service provider (“Cloud Services”) for the storage, access,transfer, processing of Licensee Information and all information related to the products and services provided under this productSupplement. ISO shall use at minimum, commercially reasonable industry standards available in connection with the performance of itsobligations under this Product Supplement. ISO shall employ commercially reasonable standard security practices for the storage of anyLicensee Information and provide and implement at a minimum, industry standard security procedures for the transfer, transmission,storage, or accessing of Licensee Information provided to ISO under this Product Supplement. j)Licensee acknowledges and agrees that neither Licensee, nor any of its Authorized Users, employees, analysts, agents, consultants orrepresentative may utilize Robotic Process Automation (“RPA”), Artificial Intelligence (“AI”) or any other similar automation tools,software, technology or processes (hereinafter collectively referred to as “Automation Processes”) to access, interface with, or use theproduct, Databases, or any ClaimSearch Information, without ISO’s express prior written consent. ISO reserves the right to revoke theauthorization to utilize any Automation Processes. Licensee shall be fully responsible for acts, services and functions performed by suchAutomation Tools to the same extent as if such acts, services and functions were performed by Licensee employees, and for purposes ofthis Product Supplement such acts, services and functions will be deemed work performed by Licensee. Licensee will remain fully liablefor any and all use of such Automation Processes and shall indemnify and hold ISO harmless from and against any and all claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, and liabilities, arising out of,based upon or in connection with any use of the Automation Processes. To the extent ISO agrees to permit Licensee to utilize Automation Tools, Licensee shall: (i) employ industry best practice encryptiontechniques for information stored on, accessed on or transmitted to or from the Automation Tool (at a minimum Licensee’s encryptionprocesses for “data at rest” and “data in motion” shall comply with the NIST Special Publication 800-111 standards); (ii) provide for andimplement at a minimum, industry standard, security procedures, which will be subject to ISO’s audit and review, for all facilities(including equipment, software and network) used to transfer, transmit or access the product, Databases or ClaimSearch Information; (iii)ensure Automation Tools operate strictly in accordance with the terms and conditions set forth in this Product Supplement, including butnot limited to ensuring each and every Automation Tool is assigned a unique ID only to be used by that automation tool; and (iv) uponthe earlier to occur, expiration or termination of this Product Supplement or ISO revoking its consent to use of the Automation Tools,immediately terminate the ability of the Automation Tools to access the product, Databases and ClaimSearch Information. ISO’srevocation of its consent to use the Automation Tools is effective immediately upon delivery of notice to Licensee. If Licensee believes asecurity breach occurs or if Licensee suspects that a security breach may have occurred Licensee shall immediately notify ISO. k)The parties herein agree that any breach of sections 3 (Scope of Use), 4 (Reporting Obligations) or 5 (Additional Terms and Conditions) shall constitute a material breach of this Product Supplement. In the event of a breach, ISO may, in its sole discretion immediatelysuspend Licensee and its Authorized Users’ access to the ClaimSearch Information upon notice. Licensee shall have (30) days fromdate of the notice to cure the breach prior to termination. The parties will work together in good faith to give Licensee an opportunity tocure the breach. If ISO is not satisfied with the cure within thirty (30) days from the date of the initial notice of breach, ISO may terminatethis Product Supplement upon delivery of written notice without any further obligation to Licensee. l)ISO may issue one or more joint press releases upon the execution of this Product Supplement. Any such press releases shall besubject to the agreement of the parties as to timing, forum, audience and content. Notwithstanding the above, ISO may use Licensee’sname and logo solely to indicate that Licensee is a participant and subscriber of the Product without prior written approval of each use. 6.DELIVERY: DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 3 of 10 The company claim system and ISO’s Internet electronic delivery platform. System authentication is required for Internet access. Each Authorized User must have an assigned unique ID only to be used by that Authorized User. Sharing of IDs and/or passwords is strictly prohibited. 7.DATABASE SERVICES: CHECK ALL THAT APPLY: A.AUTOMOBILE CLAIMS INFORMATION This database includes access to Insurer automobile claims database files, including auto physical damage, auto property damage liability, vehicle theft (including insurance company recoveries), vehicle salvage, VINassist™, and vehicle claims system (VCS) records. This database also provides access to ClaimDirectorSM which delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Fee: <INSERT> in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding year for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this Product Supplement and the commencement date of each renewal period thereafter. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. NOTE: Access to Law Enforcement and Manufacturers Data (“LEMD”) must be authorized by the National Insurance Crime Bureau (“NICB”) and may be arranged through the NICB for a fee. If Licensee is so authorized, ISO will include access to the vehicle-related, third-party data in this segment. The LEMD data includes: NCIC vehicle recoveries, law enforcement (vehicle thefts - theft indicator only) data: vehicle impounds; vehicle exports; and vehicle manufacturers (shipping and assembly, paperless MCO) files. B.CASUALTY CLAIMS INFORMATION This database includes access to claims records reported to ISO under all casualty lines: workers’ compensation, general liability, auto bodily injury liability, medical payments, homeowners and farmowners liability, E&O and D&O, and disability. This database also provides access to ClaimDirectorSM scores for workers’ compensation, and personal and commercial auto liability claims. ClaimDirector delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Fee: $1,100 annually plus usage in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding year for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this Product Supplement and the commencement date of each renewal period thereafter. Product Supplement Term: January 1, 2019 – December 31, 2019; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. C.PROPERTY CLAIMS INFORMATION This database includes access to first party property loss claims records reported to ISO. Property claims resulting from all perils are included in this database. This database also provides access to ClaimDirectorSM scores for homeowner claims. ClaimDirector delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Fee: <INSERT> in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this Product Supplement and the commencement date of each renewal period thereafter. Product Supplement Contract Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. D.MARINE CLAIMS INFORMATION DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 4 of 10 This service includes access to claim records, reported to ISO’s Marine Claims Information database under all Marine claims casualty losses, including claims under Longshore and Harbor workers, and Jones Act, Protection and Indemnity and other bodily injury and property damage liability claims as submitted by employees and third party claimants. Marine casualty claims as above will be included in the Casualty service within ISO ClaimSearch. Searches and matches will include those claims included in the Casualty service in addition to the Marine casualty claims submitted by participating organizations. Fee: <INSERT> in addition to license fee for access to the other Databases. If Licensee is an insurance company, the fee will be based on licensee’s direct written premium for the second preceding year for the applicable line(s) of business. If Licensee is not an insurance company, Licensee shall be invoiced either monthly or quarterly for each transaction for the applicable service, after payment of an annual fee, in excess of the base number of Information included as a part of the annual consideration. Licensee also may participate in an annual participation fee that will include all transactions with no additional fee. The invoices will be based on the prices in effect for each submission at the effective date of this product supplement and the commencement date of each renewal period thereafter. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master. E.CLAIMS INQUIRY AND INVESTIGATIONS QUERY (FOR NON-INSURERS ONLY) This product consists of electronic inquiry access to the loss history information for the investigation of insurance claims. A password and system authentication is required for access. Licensee warrants that it, its employees and Authorized Users of the Databases shall use Claims Inquiry exclusively for purposes of investigation of claims. Use of this Product is limited to personnel of Licensee whose primary responsibility is the investigation and disposition of potentially fraudulent claims. Each user must be specifically designated to use Claims Inquiry by an authorized representative of Licensee. The following limitations apply to the use of Claims Inquiry: 1)Searches may only be conducted in connection with the investigation of an existing claim and where an initial claimreport has been filed in the Databases. Additionally, for searches involving doctors, attorneys or other parties to theloss, Licensee must have a reasonable basis to believe that such search may provide relevant information in connection with a claim under investigation. 2)Information obtained from the Databases on an individual may only be used in connection with the investigation ofsuspicious or fraudulent claims and such information may only be disclosed to (a) persons who are involved in theinvestigation or resolution of the claim, or (b) law enforcement officials, in the event that the matter has been turnedover to the law enforcement authorities. 3)No search of the Databases may be conducted on behalf or, or at the request of, any government official other thanthose specifically involved in a joint investigation. 4)The purpose of this Product and its Databases is to provide information that will be used to evaluate active claimsand to detect and deter insurance fraud. Searches for any other purpose are strictly prohibited. 5)Contract SIU organizations and C/O offices and any other persons other than the Licensee’s Authorized Users, thenames which have been been provided to and approved by ISO in writing, may not conduct searches on behalf ofLicensee without prior ISO written approval. Licensee will notify ISO immediately of any change in its personnel authorized to use this Product. This Product and the information licensed hereunder are copyrighted by ISO and other third-party providers as specified in the Product. ISO shall not be responsible for any claim that may arise out of the third-party providers' information included in this Product. Product Supplement Term: January 1, 2019 – December 31, 2019; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. Fee: Transactional. Licensee shall be invoiced quarterly for each transaction recorded for the applicable search type during the preceding quarter. The invoice will be based on the prices in effect for each search type at the effective date of this Product Supplement and the commencement date of each renewal period thereafter. F.DIGITAL MEDIA This service includes additional access to ISO ClaimSearch information to include digital media reported to ISO. The digital media may include but is not limited to: automobile physical damage photos, property damage photos and other Licensee authorized photos. Reporting Obligations for Digital Media Access: 1)Licensee must be actively contributing digital media to ISO ClaimSearch in order to view digital media contributedby other ClaimSearch subscribers. 2)Licensee shall not upload digital media which display personal identifiable information (PII) or Personal HealthInformation (PHI). DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 5 of 10 3)Licensee warrants that it will comply with the ISO ClaimSearch Privacy and Security Policy Addendum for DigitalMedia (including updates) provided to Licensee. Fee: <INSERT> in addition to license fee for access to the other Databases. Fee includes performing imaging forensic checks including, but not limited to: 1)Image Alteration Check – scan image to see if the image has been altered or manipulated in any way. 2)Image Internet Check – scan image to see if the image is an Internet Stock photo. 3)Duplicate Image Check – scan image across all segments of the ISO ClaimSearch digital media database to see ifthe image has been contributed by another carrier in support of another claim. 4)Image Metadata Validation Check – scan metadata attached to image (date taken and Geo Location) forconsistency with its corresponding ISO ClaimSearch claim. 5)Image Blurring Check – scan image to identify people and license plates inadvertently included and blur them. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. G.PUBLIC RECORDS INFORMATION This database service includes access to public record information from third-party providers. Public record information includes but is not limited to names, addresses, telephone numbers, driver information, bankruptcy information and civil judgments. For this database only, Licensee’s reporting obligations are waived. Licensee warrants that it is licensed to access an ISO ClaimSearch database identified in A, B or C above. Licensee agrees that if its right to access the ISO Databases terminates that Licensee’s right to access this public records information database shall also terminate. 1)Licensee hereby acknowledges that third-party providers are third-party beneficiaries to this Product Supplement. With respect to the information supplied by third-party providers that require separate contracts Licensee herebywarrants that it has executed the contracts and is in compliance with their terms and conditions. Licensee warrantsand represents that in accessing and using the public record data it is acting solely as a claims, subrogation orspecial investigation department and function of (i) the property-casualty insurance industry or (ii) the property-casualty loss management department of a third-party administrator or self-insured entity. 2)Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third-party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on thethird-party data provider or ISO for the accuracy or completeness of information supplied. 3)Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely uponpublic records information in whole or in part. Licensee agrees that the data providers assume no responsibility for the accuracy of the information, errors that occur in the conversion of data or for Licensee's use of the information.Neither the third-party data providers, nor any third-party data provider to them (for purposes of indemnification,warranties and limitations on liability the third-party data providers and their data providers are hereby collectivelyreferred to as third-party data providers), shall be liable to Licensee for any loss or injury arising out of or caused inwhole or in part by third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring,compiling, collecting, interpreting, reporting, communicating, or delivering the services. If, notwithstanding theforegoing, liability can be imposed on a provider, then Licensee agrees, that the aggregate liability for any and alllosses or injuries arising out of any act or omission of a third-party data provider in connection with anything to bedone or furnished under this agreement, regardless of the cause of the loss or injury shall never exceed $100.00,and Licensee agrees that it will not seek punitive damages in any suit against a third-party data provider. The third- party data providers do not make and hereby disclaim any warranty, express or implied with respect to the servicesprovided hereunder. The third-party data providers do not guarantee or warrant the correctness, completeness,merchantability, or fitness for a particular purpose of their services or the components thereof or information providedhereunder. In no event shall a third-party data provider be liable for any direct, incidental or consequential damages,however arising, incurred by Licensee’s receipt or use of information delivered hereunder, or the unavailabilitythereof. 4)Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercialpurpose any information that Licensee receives from the services, other than as permitted under this Supplement.Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the dataand information provided by the services under applicable contractual, copyright, and related laws, and Licenseeshall use such materials consistent with the third-party data providers’ interests and notify them of any threatened oractual infringement of their rights. 5)Licensee warrants that it, its employees and Authorized Users of the Databases shall use its public records servicesconsistent with the privacy obligations and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C.6801 et seq.) (“GLB”) or any similar state or local statute, rules and regulations, the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) (“DPPA”) and similar state and local statutes, rules and regulations,and such legislation and rules and regulations as may be enacted or adopted after the date of this ProductSupplement, by any federal, state or local government body. In addition, Licensee shall not use any informationreceived from the public records services for consumer credit purposes, consumer insurance underwriting,employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules andregulations as may be enacted or adopted after the date hereof. DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 6 of 10 6)Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically auditLicensee’s books and records relevant to the use of this public records service in order to ensure compliance withthe GLB and all other applicable laws. The third-party data providers shall also investigate all legitimate Informationof abuse or misuse of their services. Violations discovered in any review will be subject to immediate actionincluding, but not limited to, termination of Licensee’s right to use the public records services, legal action, and/or referral to federal or state regulatory agencies. Fee: <INSERT> In addition to license fees for access to the other databases checked or referenced herein, for this database service, Licensee shall be invoiced monthly for each transaction recorded during the preceding month, in addition to any applicable service charges. The invoice will be based on the prices in effect for each search and report type at the time of billing and as may be modified from time to time upon ninety (90) day notice to Licensee. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement H.POLICE INFORMATION This service includes access to nationwide police Information including police, fire, coroners’, and department of motor vehicles (DMV) Information from tens of thousands of agencies across the United States. 1)Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorizedrepresentative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices;for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for allcosts to connect to an ISO-provided connect point or designated node, if necessary. 2)ISO hereby grants consent to Licensee to deliver this Product to Licensee's employees and Authorized Users vialocal or wide area networks, intranets, extranets or the internet or similar electronic means pursuant to all other terms, conditions and limitations of the Master Agreement. Upon reasonable notice and at a mutually agreeabletime, ISO may periodically audit Licensee’s books and records relevant to the use of this Product to verify thenumber of Authorized Users that have access to the Product via any means. Neither Licensee, its employees, anyother authorized user of the Product, nor anyone acting by or through Licensee shall sell, transfer, distribute, publish,disclose, display or otherwise make the Products available, in whole or in part, or any of the information therein, to any other person or entity, without the express written consent of ISO. 3)Licensee warrants that it, its employees and Authorized Users of the Information shall use the Information exclusivelyfor purposes of insurance claims processing and investigation and fraud detection, prevention and investigation.Neither Licensee nor its employees or Authorized Users shall use the Information for purposes of insuranceunderwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policy cancellation or renewal, establishing or stabilizing claims paymentlevels, granting of credit or other similar purpose. Fee: <INSERT> (plus applicable taxes) Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. I. DATA APPEND SERVICES Social Security Number Append Service (APPEND-DS) This service will append to claims Information missing or omitted data, specifically; social security numbers consistent with the manner of claims delivery to ISO ClaimSearch. 1)Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorizedrepresentative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices;for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for allcosts to connect to an ISO-provided connect point or designated node, if necessary. 2)Licensee warrants that it is licensed to access an ISO ClaimSearch database. Licensee agrees that if its right toaccess the Databases terminates that Licensee’s right to access this Append DS product shall also terminate. 3)Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third-party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on thethird-party data provider or ISO for the accuracy or completeness of information supplied. 4)Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely uponpublic records information in whole or in part. Licensee agrees that the data providers assume no responsibility forthe accuracy of the information, errors that occur in the conversion of data or for Licensee's use of the information.Neither the third-party data providers, nor any third-party data provider to them (for purposes of indemnification,warranties and limitations on liability the third-party data providers and their data providers are hereby collectively DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 7 of 10 referred to as third-party data providers), shall be liable to Licensee for any loss or injury arising out of or caused in whole or in part by third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services. If, notwithstanding the foregoing, liability can be imposed on a provider, then Licensee agrees, that the aggregate liability for any and all losses or injuries arising out of any act or omission of a third-party data provider in connection with anything to be done or furnished under this agreement, regardless of the cause of the loss or injury shall never exceed $100.00 and Licensee agrees that it will not seek punitive damages in any suit against a third-party data provider. The third-party data providers do not make and hereby disclaim any warranty, express or implied with respect to the services provided hereunder. The third-party data providers do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of their services or the components thereof or information provided hereunder. In no event shall a third-party data provider be liable for any direct, incidental or consequential damages, however arising, incurred by Licensee’s receipt or use of information delivered hereunder, or the unavailability thereof. 5)Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercialpurpose any information that Licensee receives from the services, other than as permitted under this Supplement. Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the dataand information provided by the Services under applicable contractual, copyright, and related laws, and Licenseeshall use such materials consistent with the third-party data providers’ interests and notify them of any threatened oractual infringement of their rights. 6)Licensee warrants that it, its employees and Authorized Users of the Databases shall use its public records servicesconsistent with the privacy obligations and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C.6801 et seq.) (“GLB”) or any similar state or local statute, rules and regulations, the Federal Drivers PrivacyProtection Act (18 U.S.C. Section 2721 et seq.) (“DPPA”) and similar state and local statutes, rules and regulations,and such legislation and rules and regulations as may be enacted or adopted after the date of this ProductSupplement, by any federal, state or local government body. In addition, Licensee shall not use any informationreceived from the public records services for consumer credit purposes, consumer insurance underwriting, employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules andregulations as may be enacted or adopted after the date hereof. 7)Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically auditLicensee’s books and records relevant to the use of this public records service in order to ensure compliance withthe GLB and all other applicable laws. The third-party data providers shall also investigate all legitimate Informationof abuse or misuse of their services. Violations discovered in any review will be subject to immediate actionincluding, but not limited to, termination of Licensee’s right to use the public records services, legal action, and/orreferral to federal or state regulatory agencies. Fee: See Attached Fee Schedule (plus applicable taxes) Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the time of billing and as may be modified from time to time upon ninety (90) day notice to Licensee. Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. J.MOTOR VEHICLE INFORMATION (MVRs) Description: This service will provide access to the driving records (MVRs) of individuals licensed to operate motor vehicles in the Jurisdictions of the United States. Delivery: Electronic submission. A password is required. Each sign-on and password may be used only by one authorized individual; Scope of Use: 1)Licensee warrants that it, its employees and Authorized Users shall use the information exclusively for purposes ofinsurance claims processing and investigation and fraud detection, prevention and investigation. Neither Licenseenor its employees or Authorized Users shall use the information for purposes of insurance underwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification ofLicensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or foremployment purposes, tenant screening purposes or for any other purpose(s) governed by the Federal Fair CreditReporting Act (15 U.S.C. § 1681 et seq.) and all amendments thereto Additional Terms and Conditions Applicable to this Product: 2)Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorizedrepresentative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 8 of 10 parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices; for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. 3) Licensee hereby acknowledges that third-party providers are third-party beneficiaries to this Product Supplement.Licensee hereby warrants that it has executed the Insurance Claims Subscription Agreement with InsuranceInformation Exchange, a unit of ISO Claims Services, Inc. a wholly owned subsidiary of ISO (“iiX”) and is incompliance with its terms and conditions. 4)Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercialpurpose any information that Licensee receives from the information, other than as permitted under this Supplement.Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the data and information provided by the Services under applicable contractual, copyright, and related laws, and Licenseeshall use such materials consistent with the third-party data providers’ interests and notify them of any threatened oractual infringement of their rights. 5)Licensee shall not use or retain copies of the Product to build or to develop any electronically searchable informationdatabase in competition with ISO. 6)Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically auditLicensee’s books and records relevant to the use of the information in order to ensure compliance with the terms ofthis Product Supplement and all applicable laws. The third-party data providers may investigate all legitimateInformation of abuse or misuse of their Services. Violations discovered in any review will be subject to immediateaction including, but not limited to, termination of Licensee’s right to access or use the information, legal action, and/or referral to federal or state regulatory agencies. Fee: <INSERT> Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. In addition to any the terms of the Master Agreement with respect to termination, this Product Supplement may be terminated if access to MVRs is terminated or the Insurance Claims Subscription Agreement is terminated. K. OFAC COMPLIANCE VERIFIER SERVICES This service matches claim submissions by Licensee against data provided by various third parties which contains the names of specially designated persons or entities to which special monetary conditions and restrictions may apply. Additional Terms and Conditions Applicable to this Product: 1)Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorizedrepresentative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devicesfor any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for allcosts to connect to an ISO-provided connect point or designated node, if necessary. 2)Licensee hereby acknowledges that the data is provided by various third party providers and that these third-partyproviders are third-party beneficiaries to this Product Supplement 3)Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely upon thedata provided by ISO in whole or in part. Licensee accepts all information "AS IS." Licensee acknowledges andagrees that the data is obtained from third-party sources, which may or may not be completely thorough andaccurate, and that Licensee shall not rely on the third-party data provider or ISO for the accuracy or completeness ofinformation supplied. Licensee agrees that the data providers assume no responsibility for the accuracy of theinformation, errors that occur in the conversion of data or for Licensee's use of the information. Neither the third-partydata providers, nor any person providing data to said third-party data provider to (for purposes of indemnification,warranties and limitations on liability the third-party data providers and their data providers are hereby collectivelyreferred to as “data providers”), nor ISO shall be liable to Licensee for any loss or injury arising out of or caused inwhole or in part by any third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services. If, notwithstanding theforegoing, liability can be imposed on a provider of data, then Licensee agrees that the aggregate liability for any andall losses or injuries arising out of any act or omission of a data provider or ISO in connection with any service ordeliverable furnished under this Product Supplement, regardless of the cause of the loss or injury shall never exceed$100.00, and Licensee agrees that it will not seek punitive damages in any suit against either a data provider or ISO.All data providers hereby disclaim any warranty, express or implied with respect to the services provided hereunder.Neither ISO nor the data providers guarantee or warrant the correctness, completeness, merchantability, or fitnessfor a particular purpose of their services or the components thereof or information provided hereunder. In no eventshall either ISO or a data provider be liable for any direct, incidental or consequential damages, however arising,incurred as a result of by Licensee’s receipt or use of information delivered hereunder, or the unavailability thereof. 4)Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the Services, other than as permitted under this ProductSupplement DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 9 of 10 Service: Standard Premium Historical Sweep Enterprise Includes Affiliates? Yes No Fee: <INSERT> (plus applicable taxes) Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. Except as provided herein or modified hereby, all terms, covenants and conditions of the Master Agreement remain unchanged. To the extent any provision in this Product Supplement conflicts with any similar provision in the Master Agreement, the terms set forth on this Product Supplement shall control. This ClaimSearch Product Supplement supersedes and replaces any prior executed ClaimSearch Product Supplement. This Product Supplement may be executed in separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement. This Product Supplement is not valid against ISO unless and until executed by the appropriate ISO officer or authorized representative at the appropriate ISO home office. In witness whereof, the parties hereto have caused this Product Supplement to be executed by their duly authorized representatives. Licensee: City Of Clearwater ISO: INSURANCE SERVICES OFFICE, INC. On behalf of itself, its subsidiaries and affiliates. Signature: _________________________________ Signature: _________________________________ Print Name: _________________________________ Print Name: _________________________________ Title: _________________________________ Title: _________________________________ Date: _________________________________ Date: _________________________________ Revised ***SEE ATTACHED SIGNATURE PAGE FOR THE CITY OF CLEARWATER SIGNATURES*** ISO ClaimSearch Product Supplement (Non-Insurers).doc Ed: 4/2018 Revised DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Carlos Martins 10/16/2018 Vice President & General Manager Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 04/2018 Page 10 of 10 ISO ClaimSearch Product Supplement (Non-Insurer) Countersigned: CITY OF CLEARWATER, FLORIDA By: George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: Dick Hull, Esq. Rosemarie Call Assistant City Attorney City Clerk DocuSign Envelope ID: 5BFC01FE-7B15-407E-948D-47C8D7F77150 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5362 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the initial one-year renewal term in the Agreement with Commercial Risk Management, Inc., of Tampa, Florida, for the management and administration of workers compensation claims and two additional one-year renewal terms, pursuant to City Code Section 2.564 (l) (i), for services associated with Workers Compensation exempt from bidding for a not-to-exceed total of $75,000; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department has a current agreement approved by City Council in February 2018, expiring January 31, 2019, with Commercial Risk Management, a third-party administrator, for administration of workers compensation claims including lost time claims, claims involving litigation, complex medical claims, and medical only claims (when warranted). The annual contract presented retains the same fee structure as the current agreement. For indemnity/lost time claims the fee is $1,000, and for medical-only claims, $250. Complicated medical-only claims, and/or claims needing investigation have a fee of $500. The second annual term of this Agreement will commence February 1, 2019 and will have two additional renewal term options to be documented in writing by both parties. The retention of Commercial Risk Management to administer and manage our more complex and litigative claims will provide Risk Management and the City greater effectiveness in the investigative and fiscal management of our Workers Compensation claims program if needed . We project that a maximum of 20 - 25 claims annually will be referred for their services. APPROPRIATION CODE AND AMOUNT: Account # 5909830-530300 $75,000 Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5365 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the annual renewal of CorVel Healthcare Corporation’s Agreement for the review of Workers Compensation Medical bills and Pharmacy Benefit Management services in the amount of $85,000 for term January 1, 2019 through December 31, 2019, an increase of $35,000 for the current annual term from January 1, 2018 through December 31, 2018, pursuant to City Code Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding, and authorize the appropriate officials to execute same. (consent) SUMMARY: Council approved the current pricing agreement with CorVel, for the period January 1 through December 31, 2018, with a budget of $50,000. Currently staff estimates an additional $35,000 will be required to cover services through December 31, 2018, as a result of an unexpected amount of high cost medical bills which needed extensive reviews compared to the previous year. For the renewal of 1/1/2019, CorVel has proposed an Amendment to the original agreement which will increase the Bill Review Service Fee from $6.70/bill to $6.90/bill. All other rates will remain the same. The current agreement was amended last year with a renewal provision not to exceed a total of four annual extensions, thus establishing a contract end date no later than December 31, 2021. Annual extensions will be brought back to Council for approval with proposed amendments to the rate structure. The new proposed rate structure will result in an estimated 1% increase in total costs over the previous year. APPROPRIATION CODE AND AMOUNT: Account# 5907590-545800 $120,000 Page 1 City of Clearwater Printed on 11/14/2018 AMENDMENT NUMBER 1 This Amendment Number 1 dated November 2, 2017 by and between CorVel Healthcare Corporation ("CorVel") and City of Clearwater FL ("Customer"). WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for Managed Care Services with an effective date ofJanuary 1, 2017 ("Services Agreement") pursuant to which CorVel agreed to provide Customer certain managed care services; and WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the parties' contractual arrangement; and NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the parties agree to: Amend Section 8A ("Term") of the Agreement whereby The subsequent renewal term(s) shall not exceed a total of four (4) annual extensions, thus establishing a contract end date of December 31, 2021. All other termination terms remain unchanged. Amend Exhibit B ("Fees") to the Agreement changing only the Bill Review fee effective January 1.2018 as follows: Bill Review Pricing Per Bill (re -price to FS; EDI to State 6.70 per bill PPO Network and all savings additional to FS Professional Review: Complex Bill Review Nurse Bill Review Enhanced Bill Review (CERiS) 28% of savings 28% of savings 28% of savings 28% of savings Amend Exhibit B ("Fees") adding the following language for Case Management Billing as follows: Billing and Payments for Case Management. CorVel will invoice Customer monthly for all fees related to the Case Management Services. Billing for Case Management is based on allocated time per activity. Activity is based on ten (10) minute intervals and billed at the next tenth (.10) ofan hour. Invoices for the Case Management Services shall be paid through the claims file to CorVel. Invoices will reasonably detail the computation ofthe fees owed. City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review Pricing) 10-16-17 All other terms and conditions ofthe Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by the persons authorized to act in their respective names. CITY OF CLEARWATER FL By: By: Print Name: Print Name: Title: Title: CORVELIUTHCr CORPORATION Date Signed: Cts 13.-Ci3 Countersigned: C(2iOMtM fCr2YtitOl George N. Cretekos Mayor Approved as to form: Assistant City Attorney Date Signed: 1601 CITY OF CLEARWATER, FLORIDA By: W g. a- William B. Horne II City Manager City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review Pricing) 10-16-17 CorVel Healthcare Corporation Managed Care Services Agreement This Managed Care Services Agreement (this "Agreement ") is entered into as of the Effective Date set forth below, by and between CorVel Healthcare Corporation ( "CorVel ") and the customer identified below Customer ") to govern Customer's rights to use certain of CorVel's managed care services. This Agreement consists of and incorporates the following components: This Cover and Signature Page General Terms and Conditions Exhibit A — Selected Managed Care Services & List of Applicable Schedules Exhibit B — Fees and Payments Exhibit C — CareMC License Agreement Exhibit D — CorVel Certificate of Insurance Exhibit E — Customer Insurance Coverage Limits Schedules — Terms and Conditions of Selected Managed Care Services Effective Date: January 1, 2017 CorVel Address and Contact: CorVel Corporation 2010 Main Street, Suite 600 Irvine, California 92614 Attn: Director, Legal Services Phone: (949) 851 -1473 Fax: (949) 851 -1469 Email: Corporate I cza1 a con. el.com Customer Address and Contact: City of Clearwater Risk Management Post Office Box 4748 Clearwater, FL 33758 -4748 Attn: William B. Horne, II Phone:727 -562 -4655 Fax: 727 -562 -4659 Email: By signing below, each party acknowledges his /her agreement with the terms and conditions of this Agreement and represents and certifies that he /she is authorized to sign on behalf of and to bind each of the respective signatories to all ofthe terms and conditions of this Agreement as of the Effective Date. CORVEL HEALTHCARE CORPORATION: By: Name: Title: Civ,61 l Clod EGG! Countersigned: Ct oflc\ Ce HofGeorgeN. Cretekos Mayor Approved as to form: Paul Richard Hull Assistant City Attorney CUSTOMER OF CLEARWATER RISK MANAGEMENT: By: Name: Title: CITY Olw ARWA By: 441 William B. Horne II City Manager FLORIDA Attest: Rosemarie Call City Clerk This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 GENERAL TERMS & CONDITIONS RECITALS WHEREAS, CorVel is in the business ofproviding managed care services (the "Managed Care Services "); and WHEREAS, CorVel has developed a proprietary software solution (the "CareMC Application ") which is accessible via the CorVel web site located at URL www.caremc.com (the "CareMC Site "), through which CorVel provides its customers with the option of utilizing certain Managed Care Services online (the Online Services "); and WHEREAS, Customer desires to retain CorVel to provide certain Managed Care Services, including Online Services, for the benefit of Customer and its insureds and/or their injured employees; and WHEREAS, CorVel desires to be so retained by Customer to provide such Managed Care Services and Online Services, all under the terms and conditions set forth in this Agreement; and WHEREAS, Both parties had previously entered into a Managaed Care Services Agreement as amended, and hereunder this Agreement shall shall superseded and replace in its entirety the original amended Managed Care Services Agreement as ofthe effective date of this Agreement. As a result there shall be no retroactive charges owed by Customer except for the services which were performed by CorVel for Customer. NOW THEREFORE, for and in consideration of the agreements, covenants, representations and warranties set forth herein, and other good and valuable consideration provided by the parties, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. MANAGED CARE SERVICES A. Exclusivity. Unless the parties expressly agree otherwise in writing, CorVel shall be the exclusive provider of all Managed Care Services to Customer during the Term of this Agreement. B. Terms and Conditions of Services. The Managed Care Services chosen by Customer are indicated on Exhibit A ofthis Agreement and shall be provided by CorVel and utilized by Customer in accordance with the terms and conditions set forth on the applicable Schedules. The terms and conditions under which Customer may access and use the Online Services shall be governed by the terms and conditions set forth on Exhibit C (the "CareMC License Agreement "). In the event of a conflict, the terms and conditions of this Agreement shall prevail. 2. FEES A. Fees, Billing and Payment. The fees and billing and payment procedures for the Managed Care Services and CareMC Application are set forth on Exhibit B ( "Fees "). B. Late Fees. A late fee oftwo percent (2 %) per month or the highest rate allowed under the law, whichever is lower, shall be assessed against overdue undisputed amounts. G Taxes. All charges and fees exclude taxes. If CorVel is required to pay sales, use, value -added or other taxes resulting from services rendered under this Agreement inb the State of Texas, then such taxes will be billed to and paid by Customer. Customer shall not be responsible for taxes based on CorVel's income. 2 This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 D. Customer's Audit Rights. During the Term of this Agreement and for a one (1) year period following the expiration or termination hereof, CorVel shall keep accurate records related to the provision ofManaged Care Services and Online Services hereunder. Such records shall be open for audit, at Customer's expense, by Customer or Customer's certified public accountants at the local CorVel office or another location mutually agreed to by the parties for the purpose of verifying CorVel's compliance with the terms and conditions ofthis Agreement, provided such audits are conducted (i) no more than twice per calendar year, ii) during CorVel's regular business hours, (iii) upon no less than thirty (30) days advance written notice to CorVel, and (iv) Customer or Customer's designee shall provide the results of such audit to CorVel within ten (10) business days including a complete list of all individuals or entities who were provided any CorVel information as a result of such audit and Customer or Customer's designee shall return all materials provided for such audit at the conclusion of the audit. Upon Customer's reasonable written request, no more than twice per calendar year, CorVel agrees to provide Customer with a copy ofthe results ofCorVel's most recent internal SAS 70 audit, which results shall be CorVel's Confidential Information. Notwithstanding anything to the contrary herein, in no event shall Customer be permitted to audit CorVel's information technology systems or facilities or any other records of CorVel other than claims files related to the provision of Managed Care Services and Online Services hereunder. E. CorVel's Audit Rights. During the Term of this Agreement and for a three (3) year period following the expiration or termination hereof, Customer shall keep accurate books and records supporting Customer's calculations of the amounts payable to CorVel hereunder and Customer's compliance with its obligations under this Agreement. Such records shall be open for audit by CorVel or CorVel's certified public accountants for the purpose of verifying Customer's compliance with its payment and other obligations under this Agreement provided such audits are conducted (i) no more than twice per calendar year; (ii) during Customer's regular business hours, and (iii) upon no less than thirty (30) days advance written notice to Customer. 3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF CUSTOMER A. Authority. Customer represents and warrants that (i) it has all necessary corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate actions on its part, (ii) this Agreement constitutes a legal, valid and binding obligation of Customer, enforceable against it in accordance with its terms, and (iii) the execution, delivery and performance of this Agreement will not constitute a violation of any judgment, order or decree or a breach of a material agreement that would materially impair or prevent Customer from complying with its obligations under this Agreement. B. Authorizations. Customer represents and warrants that (i) it has obtained or shall obtain such authorizations or approvals as are required for CorVel to perform the services described in this Agreement, including but not limited to receiving and disclosing patient- specific data as contemplated hereunder, (ii) it shall maintain the compliance of its workers' compensation program under all applicable laws, (iii) it has obtained and shall maintain during the Term any regulatory approval needed in order for CorVel to perform its obligations hereunder, and (iv) it shall promptly notify CorVel if any such approval is terminated, suspended or otherwise materially limited. C. Insurance. For the term of this Agreement, Customer agrees to keep in force at its sole expense comprehensive general liability insurance and professional liability insurance with coverage limits in accordance with Exhibit E attached hereto. Upon request by CorVel, Customer shall furnish CorVel with a certificate of such insurance. Customer shall endeavor to notify CorVel with thirty (30) days' prior written notice of any cancellation, non - renewal or material change to any such insurance coverages. It is agreed 3 This document contains confidential and proprietary information ofthe Parties and may not be disclosed orduplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 that Customer shall be deemed in compliance with this Section 3C by being self - insured under terms and conditions and with sufficient reserves as is customary within the industry for companies of comparable size with comparable operations. D. Non - Solicitation. As a material inducement to CorVel to provide the Managed Care Services set forth in the Agreement, Customer agrees that during the Term of this Agreement and for a period of one (1) year after any expiration or termination thereof, Customer shall not, directly or indirectly, recruit or solicit for employment, employ or in any manner engage the services of or otherwise interfere with the employment relationship of any CorVel employee who was in any way involved in providing services to Customer pursuant to the Agreement without the prior written consent of CorVel. In the event Customer breaches this covenant of non - solicitation and non - employment, CorVel shall be entitled to recover the amount of one (1) times annual salary per employee from Customer as liquidated damages. The parties acknowledge that CorVel's actual damages in the event of such a breach by Customer would be extremely difficult or impracticable to determine and acknowledge that this liquidated damages amount has been agreed upon as a reasonable estimate of CorVel's damages and as CorVel's exclusive remedy against Customer in the event of a breach of this Section 3D by Customer. The parties further agree that in any action brought on account ofany alleged breach ofthis covenant, the prevailing party shall be entitled to recover its reasonable attorneys fees and costs. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF CORVEL A. Authority. CorVel represents and warrants that (i) it has all necessary corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate actions on its part, (ii) this Agreement constitutes a legal, valid and binding obligation of CorVel, enforceable against it in accordance with its terms, and (iii) the execution, delivery and performance of this Agreement will not constitute a violation of any judgment, order or decree or a breach of a material agreement that would materially impair or prevent CorVel from complying with its obligations under this Agreement. B. Performance. CorVel represents and warrants that (i) it has the necessary knowledge, skills and experience to provide and perform the Managed Care Services in accordance with the Agreement, and (ii) it will perform the Managed Care Services in a diligent, professional and workmanlike manner using an appropriate number ofproperly trained and qualified individuals and in accordance with applicable industry standards. C. Insurance. CorVel represents and warrants that it has and agrees that it will maintain at all times during the Term of this Agreement the required professional liability, errors and omissions, workers' compensation, general and auto liability insurance coverages as set forth on the Certificate of Insurance attached hereto as Exhibit D. 5. DISCLAIMERS A. Coverage and Compensability. CORVEL IS NEITHER A HEALTH CARE PROVIDER NOR A CLAIMS ADMINISTRATOR AND CORVEL DOES NOT MAKE FINAL DETERMINATIONS REGARDING THE COVERAGE OR COMPENSABILITY OF HEALTH CARE SERVICES RENDERED BY HEALTH CARE PROVIDERS TO INJURED PERSONS. THE SERVICES PROVIDED BY CORVEL UNDER THIS AGREEMENT ARE ADVISORY ONLY AND ARE PROVIDED SOLELY TO FACILITATE CUSTOMER'S BUSINESS OPERATIONS. CUSTOMER AND CUSTOMER'S EMPLOYEES AND /OR AGENTS HAVE THE OPTION TO ACCEPT OR REJECT ANY ADVICE OFFERED BY CORVEL HEREUNDER. CORVEL DOES NOT MAKE 4 This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 DETERMINATIONS RELATING TO CUSTOMER'S BUSINESS, INCLUDING, BUT NOT LIMITED TO, THOSE REGARDING THE COVERAGE OR COMPENSABILITY OF HEALTH CARE SERVICES. CUSTOMER SHALL RETAIN FULL RESPONSIBILITY FOR ALL FINAL DETERMINATIONS REGARDING THE PAYMENT OF POLICY BENEFITS. B. Healthcare Authority. CORVEL AND ITS AGENTS HAVE NO AUTHORITY TO CONTROL OR DIRECT THE HEALTH CARE SERVICES PROPOSED FOR OR PROVIDED TO INJURED PERSONS. THIS AUTHORITY SHALL LIE ONLY WITH THE INJURED PERSON AND HIS /HER TREATING PHYSICIAN IN ANY CASE, AND THOSE INDIVIDUALS MAY ACCEPT, REJECT OR MODIFY ANY ADVISORY DETERMINATIONS MADE BY CORVEL OR ITS AGENTS, EXCEPT INSOFAR AS STATE WORKERS' COMPENSATION LAWS MAY REQUIRE THEM TO FOLLOW THE DETERMINATIONS OF CUSTOMER, CUSTOMER'S AGENTS, A WORKERS' COMPENSATION JUDGE OR REVIEW PANEL, OR ANOTHER THIRD PARTY. C. No Interference with Practice of Medicine. Neither CorVel nor Customer shall attempt to directly or indirectly, to control, direct or interfere with the practice of medicine by any health care provider. 6. LIMITATION OF LIABILITY A. Limitation on Damages. CUSTOMER AGREES THAT, EXCEPT WITH RESPECT TO (i) A BREACH BY CORVEL OF ITS OBLIGATIONS UNDER SECTION 9 (Public Records), AND (ii) CORVEL'S OBLIGATIONS UNDER SECTION 7 (Indemnification), AND STATE FINES INCURRED AS A RESULT OF CORVEL'S NEGLIGENT ACTIONS, ERRORS, OR OMISSIONS. IN NO EVENT WILL CORVEL'S MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE LESSER OF: (x) THE FEES PAID BY CUSTOMER TO CORVEL HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE FIRST NOTICE IS PROVIDED BY EITHER PARTY REFERENCING A CLAIM HEREUNDER; OR y) TWO HUNDRED THOUSAND DOLLARS (US$200,000), REGARDLESS OF WHETHER CLAIMS ARE BROUGHT UNDER TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. For purposes of this Section 6(A), the calculation of fees paid to CorVel shall exclude provider fees, pharmacy fees and facility fees which Customer pays to CorVel and CorVel passes through to providers and pharmacies. B. Exclusion of Damages. EXCEPT WITH RESPECT TO (i) A BREACH BY EITHER PARTY OF ITS OBLIGATIONS UNDER SECTION 9 (Public Records), (ii) DAMAGES INCLUDED IN CLAIMS THAT ARE THE SUBJECT OF A PARTY'S OBLIGATIONS UNDER SECTION 7 (Indemnification), (iii) A BREACH BY CUSTOMER OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 2 OF THE CAREMC AGREEMENT (License and Restrictions), AND (iv) DAMAGES ASSOCIATED WITH INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUES) UNDER THIS AGREEMENT. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER CLAIMS BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE FORESEEABLE, WHETHER THEY ARE BROUGHT UNDER TORT, NEGLIGENCE, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER ANY REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. C. Integral Element. The parties acknowledge that the limitations and disclaimers set forth in this Agreement were an integral element in the business arrangement between the parties. The pricing and other 5 This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 terms of this Agreement reflect this allocation of risk and the disclaimers and limitations of liability set forth herein. 7. INDEMNIFICATION A. Mutual Indemnification. Each party hereby agrees to indemnify the other party for claims brought against the indemnified party only to the extent that the claims are found to result from the sole negligence of the indemnifying party. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third party agents of the indemnified party. This indemnification shall not be construed as a waiver of Customer's sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which Customer could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against Customer must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of § 129.06, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the indemnifying party to only those damages caused by the indemnifying party's sole negligence, and specifically not include any attorney's fees or costs associated therewith. B. Conditions. The parties' indemnification obligations under this Section 7 are contingent upon: (i) the indemnified party giving prompt written notice to the indemnifying party of any claim under this Section provided, however, that failure to give such notification shall not affect the indemnification provided hereunder except to the extent, and only to the extent, that the indemnifying party shall have been actually prejudiced as a result of such failure), (ii) the indemnifying party having the right, but not the obligation, to assume sole control ofthe defense or settlement of the claim, and (iii) at the indemnifying party's request and expense, the indemnified party cooperating in the investigation and defense of such claim(s). If the indemnifying party assumes the defense of any claim hereunder, the indemnified party shall be entitled to participate in (but not control) such defense and to retain its own counsel, at its own expense. The indemnifying party shall not settle or consent to an adverse judgment in any such claim that adversely affects the rights or interests ofthe indemnified party or imposes additional obligations on the indemnified party, without the prior express written consent of the indemnified party. 8. TERM AND TERMINATION. A. Term. Unless provided otherwise on Exhibit B, the initial term of this Agreement shall begin on the Effective Date and continue for a period of one (1) year from the Effective Date (the "Initial Term "). Thereafter, the Agreement shall be renewed automatically for subsequent one (1) -year terms (each a Renewal Term "), unless either party gives written notice of its intent to terminate no less than thirty (30) days prior to the end of the then - current term. The Initial Term and any subsequent Renewal Term(s) are collectively referred to herein as the "Term ". B. Termination for Convenience. This Agreement may be terminated by either party for convenience upon ninety (90) days written notice to the other party any time after the expiration of the Initial Term. C. Termination for Cause. This Agreement may be terminated by either party for cause as follows: (i) upon thirty (30) days written notice if the other party breaches or defaults under any material provision of this Agreement and does not cures such breach prior to the end of such thirty (30) day period, (ii) effective immediately and without notice if the other party ceases to do business, or otherwise terminates its business operations, except as a result of an assignment permitted under the terms and conditions of this Agreement, or (iii) effective immediately and without notice if the other party becomes insolvent or seeks protection 6 This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against the other and continues for ninety (90) days undismissed, unbonded and undischarged. D. Effects of Termination. Termination or expiration of this Agreement shall have the following effects: i) all outstanding unpaid invoices rendered by CorVel shall become immediately payable by Customer and invoices in respect ofservices provided prior to termination but for which an invoice has not been submitted shall be payable immediately by upon submission of an invoice by CorVel, (ii) all licenses granted to Customer under this Agreement (including any and all Exhibits and Schedules) shall terminate immediately, (iii) all rights of Customer to use the CareMC Application and Online Services shall cease immediately, (iv) CorVel shall provide Customer with any proprietary data belonging to Customer, in the current format in which it is stored at CorVel at the termination of the Agreement, and (v) each party shall promptly return all information, documents, manuals and other materials belonging to the other party, whether in printed or electronic form, except as otherwise provided in this Agreement, including without limitation all Confidential Information ofthe other party then currently in its possession. E. Survival. Except to the extent expressly provided to the contrary in this Agreement, any rights to accrued payments, any right of action for breach of the Agreement prior to termination, and the following provisions shall survive the termination of this Agreement: Sections 2B -2E, 3A, 3B, 3D, 4A, 4B, 5, 6, 7, 8E, 9, 10, 11 (as applicable) and the provisions identified the Section of the CareMC License Agreement titled "Effect of Termination ". 9. PUBLIC RECORDS A. In addition to all other contract requirements as provided by law, CorVel agrees to comply with Florida's public records law, Ch. 119, Florida Statutes. IF CORVEL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CORVEL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727 - 562 -4092, Rosemarie .Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor's agreement to comply with public records law applies specifically to: 1) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency ") to perform the service being provided by the contractor hereunder. 2) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. 3) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4) Upon completion ofthe contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon 7 This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 completion ofthe contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. C. It is further understood between the Parties that any information, writings, tapes, Contract Documents, reports or any other matter whatsoever which is given by the Customer to the CorVel pursuant to this Agreement shall at all times remain the property of the Customer and shall not be used by the CorVel for any other purposes whatsoever without the written consent of the Customer. D. In the event the Agreement is terminated, CorVel agrees to provide the Customer all such documents within Ten (10) Days from the date the Agreement is terminated. All documents developed by CorVel under this Agreement shall be delivered to the Customer by the CorVel upon completion of the Services and shall become property of the Customer, without restriction or limitation of its use. The CorVel agrees that all documents generated hereto shall be subject to the applicable provisions of the Public Records Law, under Chapter 119, Florida Statutes. E. Use of Data. Nothing shall prohibit CorVel from using aggregate, non - identifying, statistical data generated through its customers', including Customer, use of the CareMC Application and Online Services for marketing purposes, provided that CorVel shall not use or disclose any such data or information in a manner that would reveal the identity of, or other confidential information concerning, Customer. Such aggregate, non - identifying statistical data could include, without limitation, statistics regarding usage ofthe CareMC Application and Online Services, the number of case referrals generated through the CareMC Application and Online Services and the efficiencies gained by CorVel customers through their use of the CareMC Application and Online Services. 10. GOVERNING LAW This Agreement shall be governed by and construed under the laws of the State of Florida and the United States without regard to conflicts of laws provisions thereof. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. 11. DISPUTE RESOLUTION A. Negotiation and Escalation of Disputes. In the event of any dispute, controversy or claim arising from or relating to this Agreement or the breach thereof ( "Claim "), the parties will attempt in good faith to negotiate a solution to their differences, including progressively escalating any Claim through senior levels of management. If negotiation does not result in a resolution of the Claim within thirty (30) days either party may proceed with a litigation remedy. 12. GENERAL PROVISIONS A. Contacts for Notices. The parties' contacts for notices to be provided under this Agreement shall be as set forth on the cover pages to this Agreement. 8 This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 B. Assignment. Neither this Agreement nor any rights, licenses or obligations hereunder, may be assigned by either party without the prior written consent of the non - assigning party. Notwithstanding the foregoing, CorVel may assign this Agreement to any acquirer of all or of substantially all ofCorVel's equity securities, assets or business related to the subject matter of this Agreement. Any attempted assignment in violation of this Agreement shall be void and without effect. C. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, which shall continue in full force and effect. D. Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. E. Relationship ofthe Parties. The relationship of CorVel and Customer established by this Agreement is that of independent CorVel, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct or control the day -to -day activities of the other, (ii) constitute the parties as partners, franchisee - franchiser, joint venturers, co- owners or otherwise as participants in a joint or common undertaking, or (iii) otherwise give rise to fiduciary obligations between the parties. F. Force Majeure. Except for the obligation to make payments, nonperformance by either party shall be excused to the extent that performance is rendered impossible by war, acts of terrorism, strikes, fire, flood, hurricane, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control of the non - performing party. G. Entire Agreement; Amendments. This Agreement, including the Exhibits and Schedules attached hereto constitute the entire, final, complete and exclusive agreement between the parties and supersedes all previous agreements or representations, oral or written, relating to the subject matter of this Agreement. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. Both parties acknowledge having read the terms and conditions set forth in this Agreement and all attachments hereto, understand all terms and conditions, and agree to be bound thereby. H. Counterparts; Facsimile Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery ofa facsimile copy of a manually signed signature to this Agreement shall be deemed to be valid execution ofthis Agreement by the signatory. 9 This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 EXHIBIT A Managed Care Services Selected by Customer Customer has chosen the Managed Care Services indicated below. The specific terms and conditions that apply to CorVel's provision and Customer's receipt of such Managed Care Services are set forth in the indicated Schedules, which are hereby incorporated by reference into this Agreement. Service Selected by Customer check box ifyes) Applicable Terms & Conditions Managed Care Services: Telephonic Notice of Claims X Schedule 1 Case Management Services X Schedule 2 Network Solutions: Bill Review Services w/ On -Site Bill Review Services w/ Check Writing Services Professional Review Enhanced Bill Review (CERiS) X Schedule 3 Schedule 3 -A X Schedule 3 -B X Schedule 3 -C X Schedule 3 -D w/ Hospital Itemization Review w/ Negotiations w/ Implant Cost Review Preferred Provider Network X Schedule 4 Access Services (PPO) Care Services: Schedule 5 Independent Medical Exams (IME) Durable Medical Equipment (DME) Medical Imaging Services Transportation and Translation Services Physical and Occupational Therapy Pharmacy Benefit Program Peer Review/Medical Records Review Medicare Reports /Medicare Set Asides Clearinghouse Payer Agent Services Program Clearinghouse Services NCCI Medical Data Call Services Advocacy 24/7 Nurse Triage Services Connected Care Services X Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 9A Schedule 10 Schedule 11 Schedule 12 This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 1 Initial Reporting of After -Hours Claims Terms and Conditions 1. DESCRIPTION OF SERVICES a) The Customer of Clearwater's Risk Management office is open Monday- Friday, 8:00 a.m. to 5:00 p.m. Some Customer operations work 24/7 and injuries can and do occur after hours. b) It is important to the Customer that those injured workers talk to a person and not a machine in order to report such injuries. CorVel shall provide after hour reporting services to Customer. c) Employees are notified to call a 1 -800 number, and CorVel staff shall answerand authorize initial care for the employees to the nearest hospital if treatment is needed. CorVel shall notify the employee and Corvel shall also notify the Customer of the Employee Name, Department, Description of Injury and facility to which employee has been referred. d) Customer of Cleawater Risk Management will consider such visit authorized, and complete First Report of Injury, authorize follow -up care, and control all aspects ofthe claim thereafter. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 2 Case Management Services Terms and Conditions 1. DESCRIPTION OF SERVICES a) Case management services are provided to manage a claimant's case in order to identify the most appropriate rehabilitative treatment and/or most cost - effective health care alternatives ( "Case Management Services "). Case managers may confer with the adjuster, attending physician, other medical providers, employer(s), attorney(s), the patient and the patient's family. b) In certain states if requested by Customer, Case Management Services may include vocational rehabilitation services. 2. DELIVERY OF SERVICES a) CorVel shall provide Case Management Services to Customer upon receipt by CorVel of specific requests from Customer. Such services may be:, list) b) Telephonic Case Management: Telephonic case management ( "TCM ") includes a four -point contact with claimant, employer, claims professional and provider. CorVel case managers ( "CMs ") do the following: (i) facilitate communication among all appropriate parties regarding the diagnosis, prognosis and treatment plan provided by claimant's treating physician, (ii) channel or direct claimant to a PPO Network provider as appropriate, (iii) monitor and facilitate treatment planning, (iv) coordinate early return to work, and (v) subsequently provide periodic assessments oftreatment and return to work plans. CMs may recommend additional services or coordinate claim closure, as appropriate. c) Medical/Field Case Management: CorVel's medical/field case management ( "MCM ") personnel perform field based case management services as directed by the employer and/or Authorized TPA which may include on -site contact with claimant, employer, and provider, as well as telephonic communication with the claims professional. MCM's provide the CM services set forth in Section A above. d) Vocational Case Management: Vocational case management services may include the following: i) coordinating return to work, (ii) providing job analysis, (iii) assisting with job placement, (iv) providing expert testimony, (v) assisting with job development, (vi) providing job analysis of essential and non - essential duties for employers under the American's With Disabilities Act, (vii) providing vocational testimony, (viii) providing advice regarding job seeking skills, and (ix) providing transferable skills analysis. e) Utilization Review: All utilization review shall be at the request of a Customer of Clearwater adiuster. i) CorVel's utilization management program reviews proposed inpatient hospital admissions and ambulatory care to determine the appropriateness, frequency, length of stay, and setting for such proposed treatment. In addition, CorVel can monitor and assess the appropriate utilization of treatment for all orthopedic and soft tissue injuries requiring ambulatory diagnostics and treatment. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 ii) CorVel nurses make recommendations to the claims adjuster based on nationally accepted medical guidelines, including Optimed Managed Care System, a clinical protocol software; the American College of Occupational and Environmental Medicine (ACOEM) Occupational Medicine Practice Guidelines: Evaluation and Management of Common Health Problems and Functional Recovery in Workers; other nationally accepted treatment practice guidelines, as well as any state mandated treatment guidelines. iii) Any nurse recommendations for limitation or denial of care based on lack ofmedical necessity are reviewed by a CorVel Physician Advisor. The Physician Advisor makes a final recommendation to the claims adjuster to approve or deny. If a final recommendation is made to deny treatment, the treating physician is notified in writing of the decision and the appeals process. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 3 Bill Review and Payment Services Terms and Conditions 1. DESCRIPTION OF SERVICES a) CorVel's proprietary computerized bill review software program enables an application of the appropriate Fee Schedule, and further value -added applications subscribed to by client which includes PPO, Professional Review, Enhanced Bill Review (CERiS), Onsite, and Check writing Services applied to medical provider bills ( "Provider Bills "), hospital bills ( "Hospital Bills ") and, both together, "Bills "). 2. DELIVERY OF SERVICES a) Customer's Obligations i) During the term of this Agreement, unless agreed to otherwise by the parties in writing, Customer shall utilize CorVel exclusively (even as to Customer) for audit, review and repricing services for Bills related to workers' compensation, auto liability and general liability claims. A breach of the foregoing obligation shall constitute a material breach under this Agreement. Without limiting any other remedies available under law, a breach of the foregoing obligation with respect to PPO (as defined in Schedule 7) Provider Bills will result in immediate termination of all PPO discounts provided by CorVel. ii) To facilitate timely processing by CorVel, Customer agrees to deliver to CorVel (A) each Provider Bill no later than ten (10) days after Customer's receipt thereof, and (B) batches of Provider Bills on a daily basis or as volume dictates. iii) Customer shall process PPO Provider reimbursements within fourteen (14) days from receipt of the corresponding Bill Review Audit analysis from CorVel. b) CorVel's Obligations i) CorVel shall provide Bill Review Services described herein to Customer upon receipt of specific requests from Customer. In the absence of instructions from Customer to the contrary, which CorVel must approve, Bill Review Services shall be performed as described herein. ii) Bill Review Services shall be completed within five (5) business days ofCorVel's receipt from receipt by CorVel of all necessary billing information from Customer ( "Complete Billing Information "). iii) CorVel will be responsible for monitoring, "flagging" and returning to Customer duplicate copies of a Bill ( "Duplicates "). iv) Any conflicts or complaints from medical providers ( "Complaints ") concerning Bill Review Services completed by CorVel initially will be handled directly by CorVel. CorVel will provide an initial response to a Complaint within one (1) business day following the date on which CorVel received the Complaint. CorVel will send a written response to the complainant within five (5) working days that summarizes the nature of the Complaint and the steps CorVel has taken to resolve it. A copy of this response will be sent to the attention of the designated Customer representative. Different or more specific parameters of CorVel's authority to respond to and resolve Complaints hereunder may be agreed to the parties. Further, Customer shall have the right, but not the obligation, at any time, to interject itself into a Complaint between CorVel and a medical provider and to resolve the Complaint in a manner acceptable to Customer at its sole discretion. Notwithstanding the foregoing, Customer shall retain full This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 responsibility for payment of all benefits and any other expenses or services required to be paid or provided under applicable policies or state and federal workers' compensation laws. v) CorVel agrees to supply Customer, at no additional cost, in the format in which it is then customarily stored by CorVel, a transmission or tape reflecting the results of the Bill Review Services provided hereunder. Such data shall be provided as to further allow for the application of Bill Review fees to the individual claim file, the preparation of insured specific savings reports and the payment of Bill Review fees. c) Scanning Services i) CorVel shall provide Optical Character Recognition ( "OCR ") Services set forth herein to Customer on request of Customer. Upon receipt ofsuch request CorVel shall scan all bills and attached medical notes delivered to CorVel necessary for providing Bill Review services within seventy -two (72) business hours of CorVel's receipt of such information. Customer shall mark and date /time stamp the claims as instructed by CorVel. ii) Subject to applicable law and obtaining any required authorizations, CorVel also shall provide OCR Services for such additional claim- related documentation as Customer reasonably requests, for example, case notes, peer review information and independent medical examinations. iii) All material scanned by CorVel hereunder shall be accessible to Customer on the Internet pursuant to CorVel's CareMC Agreement with Customer. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the priorwritten consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 3 -B Check Writing Services Terms and Conditions 1. DESCRIPTION OF SERVICES a) CorVel shall provide check writing services as described below ( "Check Writing ") as an integrated component of bill review services during the term of this Agreement. Fees for Check Writing services are set forth in Exhibit B, Schedule of Fees, appended hereto. b) CorVel agrees to supply Customer with automated provider reimbursement through Check Writing services in accordance with Customer specifications. A transmission reflecting the results of the hospital and medical bill audit/review services rendered by CorVel will be submitted to CorVel's national Check Writing division in Portland, Oregon, wherein a check for each EOB will be automatically generated. CorVel will transmit the results of all Bill Review integrated services to Customer for the express purpose of downloading the data into Customer's claims management system, which tracks provider payments and Bill Review fees back to the appropriate and corresponding Customer claim file. Such checks shall be held for mailing to the provider until CorVel receives confirmation that Customer has deposited the appropriate funds into a designated account to cover such provider payments. Sufficient programming to enable the automatic download of the Bill Review data transmitted by CorVel will be developed by Customer. Any manual entry ofcompleted check writing information, conducted by a Bill Review analyst on behalf of Customer will require Customer to pay an additional fee to CorVel over and above the standard Check Writing fees. CorVel will provide a dedicated line for Customer transmissions. CorVel will use commercially reasonable efforts to deliver the Bill Review data file to Customer on a schedule mutually agreed upon by the CorVel and Customer. If no such data is available, a "0" (zero) data transmission will be sent to Customer. c) The checks referred to in the above paragraph will be drawn on CorVel's account at Wells Fargo Bank, Portland, Oregon (hereafter, the "Bank "). Check Writing services shall also include IRS form 1099 filing and associated follow -up, bank reconciliation, and bank fees specifically related to such processing. d) Customer will initiate a charge to a Customer bank account for each check production run by CorVel and Customer has the option to either send a check, ACH or wire sufficient funds on a mutually agreed upon basis to cover such check run. At the end of the month CorVel will also provide Customer with the Bank's statement, monthly reconciliation report, summarized check register and balance sheet the cost ofwhich shall be included in CorVel's Check Writing fees. The cost of any wire transmission of funds initiated by Customer will be paid by Customer. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 3 -C Professional Review Services Terms and Conditions 1. DESCRIPTION OF SERVICES a) Professional Review Services. CorVel may provide professional review services to verify coding by providers are valid. This can include clinical review to validate coding is correct for all applicable Provider bills, Ambulatory Surgical Center bills, and all Hospital Bills (inpatient and outpatient) including: i) review and analysis of codes, charges and billing structure for incorrect coding, incorrect billing, bundling, and up- coding of procedures which effect Fee Schedule values; ii) review of bills, records, and documentation by a nurse and/or coder; iii) separation of charges not related to the compensable injury; iv) diagnostic related group validation (i.e., verification that the diagnostic related group billed is appropriate for the services rendered); and v) cost shifting of revenue and CPT codes. 2. DELIVERY OF SERVICES a) Unless CorVel otherwise notifies Customer, CorVel shall complete Professional Review Services and return the reviewed Bills to Customer, with any adjustments to identified overcharges, within ten (10) business days from receipt of Bills. b) Savings for the Professional Review Services shall be: i) for states having a state mandated Fee Schedule: (A) the bill amount in the Fee Schedule; less B) the bill amount resulting from the Enhanced Bill Review Services. ii) for states not having a state mandated Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the Enhanced Bill Review Services. c) Customer Responsibilities i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. ii) Customer will identify all bills that are not eligible for Professional Review Services due to: A) compensability; (B) a pre- negotiated rate with Customer or other previously established discount; (C) services that are "review only" due to litigation or other non- payment issues; and D) duplicate bills. d) Ifa medical provider questions the adjustment and/or balance bills the patient, and the claim payor notifies CorVel of such communication, CorVel will provide documentation of its findings. If the hospital provides corrective or qualifying information sufficient to alter our original adjustments, CorVel will revise its report, advise the claim payor of the new, corrected adjustment. Only in the event of a successful appeal ofthe reduction of the bill by the medical provider shall Customer be entitled to receive a credit for the portion of the fee previously charged for the amount of the adjustment successfully appealed. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 3 -D Enhanced Bill Review Services (CERiS) Hospital Bill Itemization Review Services; Negotiation Services; Implant cost Review Service) Terms and Conditions 1. DESCRIPTION OF SERVICES a) Hospital Line Itemization Review Services. CorVel's Enhanced Bill Review Services (CERiS) are performed on Hospital Bills (inpatient and outpatient) in excess of two thousand five- hundred dollars ($2,500) and consist of procurement of actual bill itemization, (i) a line -by -line validation and comparison of the itemization description charges actually billed by a particular hospital to what CMS billing guidelines allow to be separately billed for in order to disallow inappropriate charges, and then will compare the valid itemization descriptions to the average itemization description charges utilized by other hospitals within a pre - designated geographic area, and and (ii) a review of charges that fall outside of any pre- contracted discounts or fee schedules, and generates payment recommendations in accordance with the Customer's "Payors Allowable" language. This service does not itself include negotiation services nor Implant Cost Services. b) Negotiation Services. CorVel's Enhanced Bill Review Services (CERiS) can provide negotiation services with respect to all Hospital Bills (inpatient and outpatient) in excess of two thousand five - hundred dollars ($2,500). CorVel will contact the provider for agreement of the negotiated rate. A signed agreement regarding such rates will be maintained by CorVel. CorVel will use its commercially reasonable efforts to enter into an agreement regarding negotiated rates in accordance with a mutually agreed upon schedule. c) Implant Cost Review Service. CorVel's Enhanced Bill Review Services (CERiS) can include Implant Cost Review services with respect to the applicability of the Customer's "Payors Allowable" plan or policy language that specifically addresses implant payments. CorVel will identify and provide the manufacturers implant cost through its proprietary repository of national implant invoice data. CorVel then determines the recommended payment in accordance with the Customer's " Payors Allowable ". In the event there is insufficient implant invoice data for the requested implant, CorVel will notify the Customer and CorVel shall not be responsible for any costs, fees, damages or penalties for any such inability of CorVel to produce a cost savings per Customer's request. 2. DELIVERY OF SERVICES e) Unless CorVel otherwise notifies Customer, CorVel shall complete Enhanced Bill Review Services and return the reviewed Hospital Bills to Customer, together with a written summary of any adjustments to identified overcharges, within ten (10) business days from receipt ofBills. f) Savings for the Enhanced Bill Review Services shall be: i) for states having a state mandated Fee Schedule: (A) the bill amount in the Fee Schedule; less B) the bill amount resulting from the Enhanced Bill Review Services. ii) for states not having a state mandated Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the Enhanced Bill Review Services. g) Customer Responsibilities This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the priorwritten consent ofthe Parties. City ofClearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. ii) Customer will identify all bills that are not eligible for Enhanced Bill Review Services due to: A) compensability; (B) a pre- negotiated rate with Customer or other previously established discount; (C) services that are "review only" due to litigation or other non - payment issues; and D) duplicate bills. h) If a medical provider questions the adjustment and/or balance bills the patient, and the claim payor notifies CorVel of such communication, CorVel will provide documentation ofits fmdings. If the hospital provides corrective or qualifying information sufficient to alter our original adjustments, CorVel will revise its report, advise the claim payor of the new, corrected adjustment. Only in the event of a successful appeal of the reduction of the bill by the medical provider shall Customer be entitled to receive a credit for the portion of the fee previously charged for the amount of the adjustment successfully appealed. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 4 Preferred Provider Network Access Services (PPO) Terms and Conditions I. DESCRIPTION OF SERVICES a) CorVel's preferred provider organization is a network ofhospitals, physicians and other health care providers ( "Participating Providers ") that offer services at pre- negotiated rates ( "PPO Network "). II. DELIVERY OF SERVICES a) CorVel shall provide Customer with access to its PPO Network provided it is the exclusive preferred provider organization utilized by Customer for workers' compensation claimants. Customer understands and agrees that if Customer does not "actively encourage" its employees or insureds to utilize CorVel's Network of Participating Providers, it may not be entitled to any PPO discounts. CorVel may at any time and in its sole discretion add and/or terminate any provider to or from the PPO Network. b) CorVel shall provide, upon Customer request, a listing of PPO Network providers and/or PPO Network providers may be found by visiting the CorVel website, www.corvel.com. As CorVel continues to expand its PPO through the development of proprietary networks, Customer will be notified of their availability in the PPO listing described above and shall be provided access to them, replacing or supplementing the then - current PPO, if applicable, c) Customer agrees that, during the Term of this Agreement and for (12) twelve month period thereafter, Customer will not contract directly or indirectly with Participating Providers made known to Customer under this Agreement. d) Customer will make reasonable effort to channel all Covered Persons to the Participating Providers as are allowed under the laws of that service area or state. However, it is specifically understood that Customer may from time to time use non - participating providers in special circumstances and within certain specialties. e) t) Savings for the PPO Network shall be: i) for non fee schedule negotiated contracts: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the contract rate. ii) for fee schedule negotiated contracts; (A) the fee schedule amount less (B) the bill amount resulting from the contract rate. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 SCHEDULE 6 Pharmacy Program Terms and Conditions DESCRIPTION OF SERVICES. a) CorVel shall be the exclusive provider of a Pharmacy Program inclusive of a PBM and a Provider Network representing Participating Pharmacy Providers that are obligated upon and after identification of a participant within CorVel's PBM to: a. Accept a contracted rate, and b. Apply mandated processes and CorVel's Formulary and Concurrent Drug Utilization Review program at point -of- service before dispensing prescribed medications. b) In addition, CorVel provides pharmacy audit, review and payment services. II. DEFINITIONS. a) "AWP" shall mean the Average Wholesale Price for a Brand or Generic Drug Product. CorVel bases Customer pricing off of the reported AWP value from Medi -Span and the date of service. b) "AWP Discount" shall mean the PBM discounts CorVel applies, per Customer's negotiated rates, to Covered Brand and Generic Drug Products, Compound Drugs and Specialty Meds. c) "Brand Drug" shall mean a Covered Drug defined as a brand name drug in PBM proprietary Generic Code Conversion ( "GCC ") logic. In the adjudication process, CorVel applies Customer's negotiated Brand Drug discount rate to the AWP value of Covered Brand Drugs. d) "Compound Drugs" shall be systematically identified when processing through the PBM via the Formulary. In the adjudication process, Compound Drugs require Customer's Claims Professional's approval, and are priced at the lessor of: i. Customer's AWP Discount pricing by ingredient plus the dispensing fee, or ii. CorVel's Acquisition Price plus a management and dispensing fee. e) "Concurrent Drug Utilization Review" ( "DUR ") shall mean the algorithm systematically applied at a Participating Pharmacy before dispensing that considers the Presenting Drug's safety and efficacy in context with other drugs that have been dispensed. In addition, the algorithm includes applicable protocols and guidelines based on the Presenting Drug and specific claim history, such as the time period from the last fill ofthe same Drug. f) "Covered Drug" shall mean the Drug Product that is processed through CorVel's PBM. g) "Emergency Fill" see Good Samaritan Fill, subsection (k) below. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 h) "First Fill" shall mean a prescription filled by a Participating Pharmacy for a limited supply of Covered Drugs for a claim that is not, at the time, eligible. First Fill transactions follow CorVel's First Fill Formulary. Customer is responsible for payment of drug charges processed through its First Fill Program; CorVel assumes no liability. i) Formulary" shall mean drug/drug class and brand/generic specific triggers systematically applied at a Participating Pharmacy before dispensing a Presenting Drug that prompts the pharmacy through its adjudication system to either: dispense the Presenting Drug, convert from brand to generic, attain approval to dispense, or deny the Presenting Drug outright. j) "Generic Drug" shall mean a Covered Drug, whether identified by its chemical, proprietary, or non - proprietary name, that (i) is accepted by the FDA as therapeutically equivalent and interchangeable with drugs having an identical amount ofthe same active ingredient; and (ii) defined as a generic drug in PBM proprietary Generic Code Conversion ( "GCC ") logic. In the adjudication process, CorVel applies Customer's negotiated Generic Drug discount rate to the AWP value of Covered Generic Drugs. Notwithstanding the foregoing, for Single Source Generic Drugs, Customer's Brand Drug AWP Discount may be applied. k) "GCC" refers to PBM proprietary Generic Code Conversion logic. GCC logic converts Medi -Span codes to the brand and generic codes used for claims adjudication. 1) "Good Samaritan (Emergency) Fill" shall mean a limited supply of Covered Drugs that are outside ofthe Formulary and typically dispensed outside ofnormal business hours (overnight, weekends or holidays) by a Participating Pharmacy without Customer's or CorVel's approval in order to meet, in the pharmacist's professional judgment, an immediate or urgent need. Customer is responsible for payment of drug charges processed through Good Samaritan Fills; CorVel assumes no liability. m) "Medi- Span" shall mean the database to which CorVel subscribes that produces the AWP values of the Covered Drug Products dispensed by network pharmacies through CorVel's PBM. CorVel applies Customer's negotiated AWP Discounts to Covered Drug products. n) "Multi Source Brand" shall mean a Covered Drug specified as a brand name drug available from more than one manufacturer as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi -Span (or another nationally available reporting source that may be selected by CorVel). Multi Source Brand Drugs are eligible for conversions to Generic Drugs at the Participating Pharmacy. o) "Multi Source Generic" shall mean a Covered Drug specified as a multi source generic drug as determined by CorVel primarily using a combination ofdata fields provided to CorVel by Medi -Span (or another nationally available reporting source that may by selected by CorVel). Generic Drugs in their six month exclusivity period or limited supply drugs may be excluded from Multi Source Generic Drugs. p) "PBM" shall mean Pharmacy Benefits Manager. CorVel performs as the PBM on behalf of its Customers. q) "Presenting Drug" shall mean the drug ordered by the prescriber and presented on a signed prescription to a Participating Pharmacy and processed through CorVel's PBM. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 r) "Rate application exceptions," per Billing and Payments of Pharmacy Program (below) sections (d) and (e), apply when either State Fee Schedule AWP Values or Customer's Negotiated PBM AWP Discount rates are lower than CorVel's Acquisition Price. CorVel's Acquisition Price reflects CorVel's cost of the Covered Drug plus a processing and management fee of 10 %. s) "Single Source Brand" shall mean a Covered Drug specified as a brand name drug available from only one manufacturer as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi -Span (or another nationally available reporting source that may by selected by CorVel). Single Source Brand Drugs are not eligible for conversions to Generic Drugs. t) "Single Source Generic" shall mean a Covered Drug as determined by CorVel that may not have been purchased by pharmacies at standard Multi Source Generic Drug rates because of limited manufacturers, limited supply or exclusivity rights. In the adjudication process, Customer's Brand Drug AWP Discount value may be applied to Single Source Generic Drugs. u) "Specialty Medications" shall mean certain pharmaceuticals, biotech or biological drugs, that are Covered Drugs used in the management of chronic or genetic disease, including but not limited to, injectible, infused, or oral medications, or products that otherwise require special handling. In the adjudication process, Customer's Claims Professional's approval is required, and Customer's Brand Drug AWP Discount value and dispensing fee is applied. v) "State Fee Schedule AWP Value" shall exclusively mean the value of a Covered Drug calculated under an applicable state's posted AWP fee schedule's Brand and Generic Drug multipliers (AWP value plus /minus the listed percentages) and the state's posted dispensing fee. For PBM pricing, CorVel does not honor any other values or indices that may apply under an applicable state's fee schedule. III. DELIVERY OF SERVICES. a) b) CorVel shall provide its Pharmacy Program's PBM and Network for the benefit of Customer. Eligibility, First Fill, Pharmacy Identification (ID) Cards, and Mail Order /Home Delivery. Pharmacy ID cards contain the necessary data elements to enable a Participating Pharmacy provider to electronically process through and transmit claim data to CorVel's PBM. The electronic transmission that occurs at the point of sale is required for application of Formulary, Concurrent Drug Utilization Review and contractual pricing. a. Customer agrees to promptly provide CorVel all information needed to produce and distribute Pharmacy ID cards to Eligible Claimants. Eligible Claimant information may include, but is not limited to, claimant name, address, social security number, cell phone number, home phone number, and email address. b. Subject to applicable law, Customer shall require Eligible Claimants to use the Pharmacy ID cards at participating network providers in order to facilitate the Pharmacy Program. Also, Customer agrees to require the use of pharmacy network participating providers to Eligible Claimants as appropriate. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 c. Distribution of Pharmacy ID cards does not guarantee that Pharmacy ID cards will be appropriately utilized by Eligible Claimants or Participating Pharmacies; therefore, Customer understands that claims assigned by Pharmacies to third party billers or paper bills submitted by the Pharmacies are not adjudicated through the prospective PBM. d. CorVel, at its sole expense, agrees to produce and distribute Pharmacy ID cards to Eligible Claimants upon receipt of all necessary Eligible Claimant information from Customer. CorVel will also send an introduction letter to the Eligible Claimant along with the Pharmacy ID card. e. At the initial stage ofinjury, a claimant may be issued a temporary Pharmacy ID (First Fill) card or processing data may be shared with the dispensing pharmacy for an initial, one (1) time purchase of a pharmaceutical product with a recommended course of no longer than fourteen (14) days, or such days limit as established by Customer. f. CorVel will provide access for Eligible Claimants to the PBM Mail Order Program. CorVel will work with Customer to establish the parameters of the Mail Order Program and the process which will be utilized to encourage Eligible Claimant use of the Mail Order Program. c) CorVel's PBM will present and tailor a proprietary Formulary to Customer. Upon presentation of identification to a Participating Pharmacy, the Formulary will trigger the Participating Pharmacy's adjudication system to either: a. Automatically dispense certain medications, b. Attain Prior Authorization (PA) approval from CorVel to dispense, or c. Deny the medications outright. In addition to Customer's Formulary, Claimant Level Formularies can be built at the claim level upon Customer's Claim Professional's request. d) CorVel's PBM will implement a Concurrent Drug Utilization Review ( "DUR ") program on behalf of Customer, with permitted program edits as directed by Customer. Concurrent DUR includes a review of the drug history at the time the prescription is presented. Absent Customer's directions, DUR shall be performed in accordance with CorVel's PBM's standard service model. IV. BILLING AND PAYMENTS OF PHARMACY PROGRAM. a) Financial obligations of parties. i. Customer shall be financially responsible for all drug charges incurred by claimants for dispensed medications processed under CorVel's PBM. CorVel assumes no liability for drug charges with the exceptions noted below in subsection iii. ii. If Customer Claims Professional determines, upon receipt of CorVel's PBM invoice, that specific formulary and non - formulary drugs should not have been dispensed, Customer Claims Professional should inform the PBM as soon as possible. a. The PBM will request a reversal from the Participating Pharmacy. If granted, CorVel will reverse the drug charges, however, ifthe Pharmacy does not grant the PBM's request, Customer is responsible for payment of the drug charges; CorVel This document contains confidential and proprietary information ofthe Parties and may not be disclosed orduplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 assumes no liability for drug charges with the exceptions noted below in subsection iii. b. Upon Customer's Claims Professional's request, CorVel's PBM will include the specific prohibition triggering the request for the reversal in the Claimant Level Formulary so that the Claimant Level Formulary will block subsequent re -fills from processing. iii. Within five (5) days of Customer's receipt of an invoice, Customer Claims Professional may dispute charges for drugs that were dispensed in error, triggering CorVel to reverse the drug charges, by notifying CorVel for any of the following reasons: a. CorVel's PBM and/or the Participating Pharmacy's violation of Formulary or Utilization Review Parameters set forth in Customer's DUR program, or in the Claimant Level Formulary; or b. Duplicate or inadvertent entries or other clerical mistakes on a PBM invoice. b) Invoicing and Payment. i. On a per Covered Drug basis and directly to the claim file, CorVel will invoice Customer daily for all drug charges and fees related to the PBM. ii. Customer payment shall be due within seven (7) days of the date of CorVel's invoice. Invoices will reasonably detail the computation of the charges and fees owed. c) CorVel uses the Medi -Span AWP at pre - settlement levels. To maintain pricing neutrality CorVel applies the established multiplier to impacted Covered Drugs. d) Relative to state fee schedules, CorVel will apply the lesser of Customer's negotiated PBM AWP Discount rate or the applicable State Fee Schedule AWP Value with one exception: to the extent that the State Fee Schedule AWP Value in any state is less than CorVel's Acquisition Price, CorVel will apply its Acquisition Price. e) Relative to Customer's negotiated PBM AWP Discount rates, CorVel will apply the negotiated rates unless the following exceptions apply: i. CorVel applies CorVel's Acquisition Price on transactions for which Customer's negotiated PBM AWP Discount rate is lower than CorVel's Acquisition Price. ii. Compound Drugs and Specialty Medications are priced per Definition subsections (d) and u). f) Both parties understand that pricing indices historically used (including under this Agreement) for determining the financial components of pharmacy billing rates are outside the control of CorVel and Customer. The parties also understand there are extra - market industry, legal, governmental and regulatory activities which may lead to changes relating to, or elimination of, these pricing indices that could alter the financial positions and expectations of both parties as intended under this Agreement. Both parties agree that, upon entering into this Agreement and thereafter, their mutual intent has been and is to maintain pricing neutrality as intended and not to benefit one party to the detriment of the other. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 Accordingly, to preserve this mutual intent, if pricing neutrality does change and CorVel undertakes any or all ofthe following: i. Changes the AWP source across its book of business (e.g., from Medi -Span to First Databank); or ii. Maintains AWP as the pricing index with an appropriate adjustment in the event the AWP methodology and/or its calculation is changed, whether by the existing or alternative sources; or iii. Transitions the pricing index from AWP to another index or benchmark (e.g., to Wholesale Acquisition Cost); Customer's negotiated PBM pricing will be modified as reasonably and equitably necessary to maintain the pricing intent under this Agreement. This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the priorwritten consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 EXHIBIT B Fees 1) During Renewal Term. Fees during the Renewal Term of this Agreement shall be as follows: Case Management Pricing Telephonic or Field Case Management 87.00 hr Vocational Case Management 87.00 hr Catastrophic Case Management 115.00 hr Prevailing IRS Rate Bill Review Pricing Per Bill (Re -price to FS; EDI to State) 6.50 / bill PPO network and all savings additional to FS Professional Review Enhanced Bill Review (CERiS) 28% of savings 28% of savings 28% of savings Pharmacy Benefit Management Pricing Retail — Brand AWP -4% + $4.00 Dispensing Fee Retail — Generic AWP - 8% + $4.00 Dispensing Fee Mail Order - Brand AWP - 10% + $4.00 Dispensing Fee Mail Order - Generic AWP - 18% + $4.00 Dispensing Fee Checkwriting Pricing Checkwriting Services 4.00 per check 1.00 for zero added FOR Both parties shall mutually agree in writing to anyfee increases during the Initial Term or Renewal Term ofthe Agreement. 2) Billing and Payments for Case Management. CorVel will invoice Customer monthly for all fees related to the Case Management Services. Billing for Case Management is based on allocated time per activity. Activity is based on ten (10) minute intervals and billed at the next tenth (.10) of an hour. Payment shall be due within thirty (30) days of the date of CorVel's invoice. Invoices will reasonably detail the computation of the fees owed. 3) Billing and Payments for Other Fees: CorVel will invoice Customer monthly for all fees other than those related to the Pharmacy Benefits Program. Payment shall be due within thirty (30) days of the date of CorVel's invoice. Invoices will reasonably detail the computation of the fees owed This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent of the Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 EXHIBIT C CareMC License Agreement This CAREMC LICENSE AGREEMENT (the "CareMC License Agreement ") is incorporated by reference into the Managed Care Services Agreement (the "Master Agreement ") to which it is attached. The parties acknowledge and agree that the terms and conditions under which the Managed Care Services are provided by CorVel and received by Customer shall be governed by the Master Agreement (including without limitation all additional Exhibits and applicable Schedules attached thereto), while the terms and conditions under which Customer may access and use the Online Services shall be governed by the terms and conditions ofthis CareMC License Agreement. All defined terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Master Agreement. 1. ACCESS TO THE CAREMC APPLICATION A. Registration Information. Prior to accessing the CareMC Application, Customer shall provide CorVel with certain registration information requested therein ( "Registration Information "). Customer covenants that the Registration Information Customer provides will be true, accurate, current and complete and will be updated as necessary to it so. B. Passwords and Levels of Access. As soon as practicable after the execution of this Agreement, CorVel shall create a unique username and password for each individual Authorized User identified by Customer as requiring access to the Online Services. Customer shall then designate two groups of Authorized Users. The first group of Authorized Users ( "Restricted Users ") shall have access to only the data available on the CareMC Site that relates to claims specific to that Authorized User and such other data that Customer specifically requests in writing be accessible to such Authorized User. The second group of Authorized Users ( "Non- Restricted Users ") shall have access to all data available on the CareMC Site that relates to claims specific to Customer. Access by Individual Users and Non - Restricted Users to data available on the CareMC Site shall be subject in all cases to any limitations imposed by applicable law. C. PHI Data. Authorized Users shall have access to all data available through the CareMC Application, including data that constitutes or contains "protected health information" ( "PHI Data ") as such term is defined in 45 CFR Section 164.501 of the regulations promulgated by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 ( "HIPAA "), but shall only have access to PHI Data to the extent necessary for Customer to render payment on a claim, and then only to those portions or amounts of PHI Data that are determined by CorVel, in its sole discretion, to be the minimum necessary for Customer to render payment on such claim. D. Security ofPasswords. Customer acknowledges and agrees that it shall be solely responsible for (i) selecting Authorized Users, (ii) assigning the various levels of authority and access each Authorized User may have to the CareMC Application, Online Services and Customer Data, including by determining which Authorized Users shall be Non - Restricted Users, (iii) ensuring that only Authorized Users have access to the passwords provided by CorVel or changed by Authorized Users, (iv) implementing a system to control, track and account for all passwords, (v) strictly maintaining the confidentiality and integrity of all passwords and levels of authority among Authorized Users, and (vi) ensuring that Authorized Users shall at all times comply with the terms and conditions of this Agreement. Customer further agrees that it shall notify CorVel immediately in writing ifthe security or integrity of a password has been compromised. CorVel will provide reasonable cooperation to Customer in the event of a security breach. Such support will include but not be limited to suspending service for passwords whose security or integrity has been violated. Passwords may be changed at any time by Authorized Users, and must be changed at least once every ninety (90) days. E. Customer Data. Responsibility for ensuring that the content and data provided by or for Customer ( "Customer Data ") to be entered into the CareMC Application by CorVel is accurate and reflects Customer's requirements lies solely with Customer. All data generated by and through Customer's use ofthe CareMC Application and Online Services shall reside on CorVel's server. CorVel reserves the right to temporarily suspend access to any Customer Data that it determines, in its sole discretion, violates the terms and conditions of this CareMC License Agreement or any applicable laws. F. Customer Representations. Customer represents that (i) it has the legal authority to provide the Customer Data to CorVel hereunder, and (ii) it is fully aware and knowledgeable of and shall comply with its duties and responsibilities with respect to the privacy and confidentiality of medical records and protected health information under applicable federal and state laws, including but not limited to those imposed by HIPAA. Upon written notice to Customer, CorVel may modify or temporarily suspend Customer's access to and use of the CareMC Application, Online Services and/or CareMC Site as necessary to comply with any law or regulation. 2. LICENSE AND RESTRICTIONS A. Limited License. Subject to the terms and conditions of this CareMC License Agreement, CorVel grants to Customer during the License Term (as defined in Section 5A below) a limited, non - exclusive, non - transferable, non - sublicensable license to access and use, and allow Authorized Users to access and use, the CareMC Application via the CareMC Site solely for Customer's own internal business use and operations. Customer shall access and use the CareMC Application in accordance with the user's This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 C -1 guides and online instruction provided to Customer by CorVel ( "Documentation ") and all applicable laws, statutes, rules and regulations. B. Restrictions. Customer shall not, and shall not allow Authorized Users or any third party to (i) rent, lease, re- license or otherwise provide access to the CareMC Application or Online Services to any third party, (ii) alter, modify or create derivative works of the CareMC Application, (iii) use any reverse compilation, decompilation or disassembly techniques or similar methods to determine any design structure, concepts and construction method of the CareMC Application or replicate the functionality of the CareMC Application for any purpose, or (iv) copy the CareMC Application or any content, materials, information and other data provided by CorVel on the CareMC Site or used in providing the Online Services ( "CorVel Content ") and/or Documentation without CorVel's prior written consent. C. Third Parties. Customer shall not allow any third party to have access to the CareMC Application or Online Services without prior written consent of CorVel and ensuring that (i) such third party enters into a legally enforceable written agreement with CorVel, or (ii) such third party enters into a legally enforceable written agreement with Customer consistent with the terms of this CareMC License Agreement and which shall include terms at least as protective of CorVel as the following Sections of this CareMC License Agreement: Sections 1A -1F, 2B, 2D, 3B, and 4A -4E. D. Ownership and Changes. CorVel owns and shall retain all right, title and interest in and to the CareMC Application, Documentation, CareMC Site, Online Services, CorVel Content and any intellectual property rights inherent therein or arising therefrom. In addition to CorVel's rights in the individual elements of the CorVel Content, CorVel owns a copyright in the selection, coordination, arrangement and enhancement of the CorVel Content. Neither Customer nor any Authorized User shall obtain any ownership rights, express or implied, or any other rights other than those expressly set forth herein in the CareMC Application, Documentation or CorVel Content. CorVel reserves the right, at any time in its sole discretion and without liability to Customer, to delete or change features of the CareMC Application, CareMC Site or Online Services provided such changes do not materially alter the functionality of the CareMC Application. E. Compliance Monitoring and Audits. CorVel may monitor and perform remote audits of Customer's use of the CareMC Application and CareMC Site for the purpose of verifying that Customer and Authorized Users are using the CareMC Application in compliance with the terms ofthis CareMC License Agreement. CorVel reserves the right to temporarily suspend Customer's or any Authorized User's access to the CareMC Application in the event Customer or such Authorized User engages in, or CorVel in good faith suspects is engaged in, any unauthorized conduct. To the extent CorVel requires access to Customer's facilities to conduct an audit hereunder, Customer agrees to provide such access upon reasonable advanced notice and during Customer's regular business hours. 3. INFRASTRUCTURE, MAINTENANCE AND SUPPORT A. CorVel Infrastructure Obligations. Subject to Customer's compliance with the terms and conditions of this CareMC License Agreement, CorVel shall be responsible for providing and maintaining the hardware, software and other equipment required to host the CareMC Application for Customer ( "CareMC Infrastructure "). The CareMC Infrastructure is subject to modification by CorVel from time to time for purposes such as adding new functionality, maximizing operating efficiency and upgrading hardware, provided such modifications shall not in the aggregate degrade the performance ofthe Online Services utilized by Customer. Customer acknowledges and agrees that such modifications may require changes to Customer's Internet access and /or telecommunications infrastructure to maintain Customer's desired level of performance. CorVel shall give Customer reasonable prior written notice of any required modifications. B. Customer Infrastructure Obligations. Except for the CareMC Infrastructure, which will be provided by CorVel, Customer shall be responsible for obtaining and maintaining all hardware, software, equipment, Internet access and /or telecommunications services and other items or services furnished by third party venders or providers ( "Third Party Providers ") required to enable Customer to access and use the CareMC Application and CareMC Site as contemplated hereunder. C. Support. CorVel will provide general support regarding questions on the CareMC Application via email and by telephone from Monday through Friday between the hours of 5:00 a.m. and 6:00 p.m. Pacific Standard Time, excluding holidays. D. Scheduled Maintenance. CorVel will use reasonable efforts to (i) perform any scheduled downtime outside of Customer's normal business hours, (ii) notify Customer of all scheduled downtimes at least seventy -two (72) hours in advance, and (iii) perform software updates to the CareMC Application with minimal disruption to Customer's use of the Online Services. E. System Monitoring. CorVel will use reasonable efforts to continuously monitor its web servers and database servers to ensure that they are functioning properly. F. Security. CorVel will implement and use reasonable efforts to maintain secure systems through the use of firewalls, virtual private networks (VPN) and other security technologies. Any security violations that affect the data of Customer will be promptly reported to Customer. G. Disaster Recovery and Backup. CorVel will use reasonable efforts to perform nightly backups of essential data on its web servers and database servers. CorVel has implemented third party backup and restoration technology to enable high speed recovery of data. CorVel utilizes redundant load balanced Win 2000 servers for 24x7, 365 day access, except for regularly scheduled system maintenance and upgrade processes. SQL Server databases are hosted on clustered servers offering fall -over capability, redundant communication links, and load balanced application servers. Backup tapes are restored into a test environment not less than quarterly to confirm validity ofbackups. The CareMC Site has redundant inbound Internet and Intranet connectivity. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 C -2 4. APPLICATION SPECIFIC DISCLAIMERS A. Disclaimers. TO THE EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED IN THE MASTER AGREEMENT, CORVEL MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, SATISFACTORY QUALITY AND NONINFRINGEMENT. B. Internet Usage. Customer acknowledges that the Internet is essentially an unregulated, insecure and unreliable environment, and that the ability ofCustomer to access and use the CareMC Application is dependent on the Internet and hardware, software and services provided by various Third Party Providers. CORVEL SHALL NOT BE RESPONSIBLE FOR CUSTOMER'S INABILITY TO ACCESS OR USE THE CAREMC APPLICATION TO THE EXTENT CAUSED BY FAILURES OR INTERRUPTIONS OF ANY HARDWARE, SOFTWARE OR SERVICES PROVIDED BY CUSTOMER OR THIRD PARTY PROVIDERS. C. CareMC Application. CUSTOMER ACKNOWLEDGES AND AGREES THAT CORVEL DOES NOT WARRANT THAT THE CAREMC APPLICATION OR ONLINE SERVICES ARE ERROR FREE, THAT CUSTOMER WILL BE ABLE TO ACCESS OR USE THE CAREMC APPLICATION OR ONLINE SERVICES WITHOUT PROBLEMS OR INTERRUPTIONS, OR THAT THE CAREMC SITE AND CAREMC APPLICATION ARE NOT SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER VIRUS INFECTION. D. Third Party Web Sites. Customer's (and Authorized Users') use of third -party web sites linked to or advertised on the CareMC Site is at Customer's own risk and subject to the terms and conditions of use for such third party sites. CORVEL IS NEITHER RESPONSIBLE NOR LIABLE FOR, DIRECTLY OR INDIRECTLY, AND DOES NOT ENDORSE ANY THIRD - PARTY ADVERTISEMENTS PLACED ON THE CAREMC SITE OR, WITH RESPECT TO ANY THIRD -PARTY SITES ACCESSED THROUGH THE CAREMC SITE, ANY (i) CONTENT ON SUCH THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE OFFERED THEREON, (ii) ACTIVITY OR TRANSACTION IN WHICH CUSTOMER ENGAGES ON ANY THIRD PARTY SITE, OR (iii) USE OF COOKIES ON ANY THIRD PARTY SITE. E. Network Intrusions. CUSTOMER AGREES THAT CORVEL WILL NOT BE LIABLE FOR DAMAGES ARISING FROM ANY BREACH, UNAUTHORIZED ACCESS TO, MISUSE OF, OR INTRUSION INTO, CUSTOMER DATA RESIDING ON CORVEL'S SERVER(S) OR ANY NETWORK USED BY CUSTOMER TO THE EXTENT SUCH DAMAGES WERE BEYOND CORVEL'S REASONABLE CONTROL. 5. LICENSE TERM AND TERMINATION A. License Term. This CareMC License Agreement shall be effective as of the Effective Date and, unless terminated earlier as provided below, shall automatically terminate upon expiration ortermination of the Master Agreement (the term ofthis CareMC License Agreement, the "License Term "). B. Termination for Convenience. Either party shall have the right to terminate this CareMC License Agreement for any reason or for no reason, upon ninety (90) days written notice to the other party. C. Termination for Cause. This CareMC License Agreement may be terminated by either party for cause as follows: (i) upon thirty (30) days written notice ifthe other party breaches or defaults under any material provision of this Agreement and does not cures such breach prior to the end of such thirty (30) day period, (ii) effective immediately and without notice if the other party ceases to do business, or otherwise terminates its business operations, except as a result of an assignment, as permitted under the terms and conditions of this CareMC License Agreement, or (iii) effective immediately and without notice if the other party becomes insolvent or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against the other (and not dismissed within ninety (90) days). D. Effect ofTermination. Expiration or termination of this CareMC License Agreement shall have the following effects: (i) CorVel shall provide Customer with any proprietary data belonging to Customer, in the current format in which it is stored at CorVel at the termination of this CareMC License Agreement, (ii) all licenses granted under this CareMC License Agreement shall terminate immediately, (iii) all rights to use the CareMC Application and Online Services shall cease immediately, and (iv) each party shall promptly return all information, documents, manuals and other materials belonging to the other party related to this CareMC License Agreement, whether in printed or electronic form, including without limitation all confidential information ofthe other party then currently in its possession, provided each party may retain one (1) copy of such materials for archival purposes. E. Survival. Except to the extent expressly provided to the contrary herein or in the Master Agreement, any right of action for breach of the CareMC License Agreement prior to termination, and the following provisions shall survive the termination of this CareMC License Agreement: Sections I B -F, 2B, 2D, 4 and 5E This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 C -3 EXHIBIT D CorVel Certificate of Insurance This document contains confidential and proprietary information ofthe Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City ofClearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 D -1 EXHIBIT E Customer Insurance Coverage Limits Customer agrees that it shall keep in force at its sole expense comprehensive general liability insurance and professional liability insurance with coverage limits hereunder. Upon request by CorVel, Customer shall furnish CorVel with a certificate of such insurance. It is agreed that Customer shall be deemed in compliance by being self - insured under terms and conditions and with sufficient reserves as is customary within the industry for companies of comparable size with comparable operations. Customer shall provide the following minimum insurance coverages during the term of the attached Agreement with an A rating. General Liability: Commercial General Liability General Aggregate Products — Comp /Op Aggregate Personal & Adv Injury Each Occurrence Fire Damage (Any one fire) Medical Expenses (Any one Person) Automobile Liability Scheduled autos; hired autos; and non -owned autos) 2,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 10,000.00 1,000,000.00 Auto physical damage: Comp$500.00 /Collision$500.00 Underinsured/Uninsured Motorist coverage $1,000,000.00 Excess Liability — umbrella form Each occurrence $5,000,000.00 Aggregate $5,000,000.00 Workers' Compensation and Employers' Liability Proprietor/Partners /Executive Officers are included) Employers' Liability each accident Employers' Liability Disease Policy Limit Employers' Liability Disease Each Employee Professional Liability (Errors and Omissions) 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 Customer shall endeavor to notify CorVel if the insurance coverages are materially changed, cancelled or not renewable before the expiration of the insurance coverage with a thirty (30) day written notice. This document contains confidential and proprietary information of the Parties and may not be disclosed or duplicated without the prior written consent ofthe Parties. City of Clearwater Risk Management Managed Care Services Agreement FINAL 12 -15 -16 E -1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5389 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager J.O. Delotto and Sons, Inc. of Tampa, Florida, in the amount of $661,443 for renovations and upgrade of facilities at E.C. Moore Softball Complex Field 8 and 9 located at 2780 Drew Street and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. On July 19, 2018, Council approved a new Capital Improvement Project titled “Eddie C. Moore Softball Complex Renovations” (PRAF180001) for the purpose of renovating and upgrading facilities at the E.C. Moore Complex for player and spectator safety. This Contract will include the installation of a 30-foot-high netting system and below ground dugouts on championship field #8, as well as installation of poles needed for future netting for field #9. Additional improvements to be completed include renovations to the press box, upgrade and refurbishing of batting tunnels, and installation of camera stands. Construction will be completed prior to the St. Petersburg Clearwater Elite Invitational Tournament to be held at the E.C. Moore Complex February 14-17, 2019. Some of the teams scheduled to attend include the 2018 NCAA Division I Women’s College Softball Champion Florida State Seminoles and the 2016 and 2017 NCAA Division I Champion Oklahoma Sooners. APPROPRIATION CODE AND AMOUNT: Funds are available for this project in Capital Improvement Project (PRAF180001) “Eddie C. Moore Softball Complex Renovations”. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/14/2018 File Number: ID#18-5389 Page 2 City of Clearwater Printed on 11/14/2018 August 19, 2016 J. O. Delotto & Sons, Inc. Attention: Craig Lambergson 924 E. Busch Blvd. Tampa, FL 33612 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Mr. Lambergson: J.O. Delotto & Sons, Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations,products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 8/26/2016 Bouchard Insurance (CLW) 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 727 447-6481 727 449-1267 J O DeLotto & Sons, Inc. 924 E Busch Blvd Tampa, FL 33612-8542 Amerisure Insurance Company Amerisure Mutual Insurance Comp 19488 23396 A X X X Y Y CPP20186771201 04/01/2016 04/01/2017 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X Y Y CA20186761201 04/01/2016 04/01/2017 1,000,000 B X X X 0 Y CU20186791202 04/01/2016 04/01/2017 10,000,000 10,000,000 A N Y WC201868012 04/01/2016 04/01/2017 X 500,000 500,000 500,000 PROJECT: CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR CONTINUING CONTRACTS BY THE CITY OF CLEARWATER ENGINEERING DEPT. AND CITY COUNCIL (See Attached Descriptions) City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 1 of 2 #S501449/M411631 JODELOTTClient#: 4683 KELHO SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) NOTICE: Bouchard Insurance is required to comply with the licensing agreement we hold with ACORD. ACORD, in conjunction with the Department of Insurance, creates and enforces the rules and regulations pertaining to proper use of the Certificate of Liability Insurance form. We are required to mark a Y next to the line of business in which the Additional Insured or Waiver of Subrogation coverage applies. According to ACORD, the Description of Operations section must be limited to describing information necessary to identify the operations, locations and vehicles for which the certificate was issued. Please note the Description of Operations section of the Certificate cannot be used to add additional information except as just described. Marking a Y next to the line of business adequately documents coverage. Equally important, it satisfies the rules and regulations governing the proper use of the Certificate of Liability Insurance form. Certificate is a reflection of the current coverages provided for the insured. Limits and coverages are afforded to the certificate holder only if required by written contract. Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. It is agreed by endorsement to the General Liability and Auto policy that this policy shall not be cancelled by the insurance carrier without first giving thirty (30) days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. 2 of 2 #S501449/M411631 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5310 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater and Equity Lifestyle Properties, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property is roughly 425 acres, located in Keystone, Florida, which is an unincorporated area of Hillsborough County. It is comprised of three abutting parcels whose Hillsborough County folio numbers are 001688-0000, 001689-0000, and 001697-0000. This land was acquired by the City of Clearwater in 1982 for disposing treated sludge from the City’s wastewater treatment plants. This site was used again from 2009 to 2014 for discarded dredged material as a part of the Stevenson Creek Restoration Project. The property has been managed by Robert and Patricia Smith since the property was acquired in 1982 under a series of management agreements with the City. The current management agreement between the City and Mr. & Mrs. Smith was entered on March 23, 2016 and is set to expire on March 28, 2021. No money is exchanged in this agreement; Mr. and Mrs. Smith manage the property in exchange for being allowed to raise cattle on the property. Either party has the right to terminate this agreement, at any time, upon providing ninety days’ notice. The Contract requires that the city deliver the property free and clear of the Management Agreement. Two independent appraisals were performed on the property on August 18, 2017 by Trigg, Catlett & Associates and on September 19, 2017 by Urban Economics, Inc. The appraised values were $6,450,000 and $2,727,400 respectively. The discrepancy in values is the result of the two appraisers using different potential layouts for the site and sales comparisons during their valuation. December 21, 2017, City Council declared the property surplus for sale through Invitation to Bid #09-18, whereby the successful bid was required to meet the terms set by Council. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: bid price shall exceed $6,450,000 and the successful bidder will hold harmless, release and indemnify the City for existing environmental conditions. Page 1 City of Clearwater Printed on 11/14/2018 File Number: ID#18-5310 The City received one bid that met the minimum qualifications listed above. Equity Lifestyle Properties, Inc. submitted a qualifying bid with a proposed purchase price of $6,500,000. Consistent with City Charter 2.01 referenced above, staff recommends approval of the Contract between the city and Equity Lifestyle Properties LLC, the entity having submitted the highest competitive bid above the appraised value whose bid meets the terms set by the Council. City closing costs will not be available until closer to closing date in approximately 8 months, or July 2019, and will be deducted from proceeds of the sale. Proceeds from the sale will be credited to the Water and Sewer Utilities System. Page 2 City of Clearwater Printed on 11/14/2018 Pinellas County Hillsborough County City of Clearwater Patt e r s o n R d KEYSTONE RD US 19AUS HIGHWAY 19 NTarpon Springs Rd Bo y S c o u t R d LOCATION MAP CRM TM n/a n/a 11/30/2017Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CITY OWNED PROPERTY in HILLSBOROUGH COUNTY SITELOCATION ^ ² N.T.S.Scale:OLD TAMP A B A Y GULF OF M EXI C O LAKE TARPON Document Path: V:\GIS\Engineering\Location Maps\SludgeFarmCityOwnedHillsBorough.mxdRace Track Rd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5322 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Supplement Work Order 2 to King Engineering Associates, Inc. in the amount of $110,130 for the East Water Reclamation Facility Influent Pump Station Rehabilitation (13-0016-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 14, 2013, the City Manager approved the initial work order to EOR King Engineering Associates, Inc. to provide a preliminary design for the rehabilitation of the East WRF Influent Pump Station in the amount of $35,632. On December 24, 2015, the City Manager approved supplemental work order one to provide design of a new influent sewer structure upstream of the Influent Pump Station as required for the temporary by-pass of the Influent Pump Station during its rehabilitation in the amount of $23,203. Supplemental 2 provides for the completion of the rehabilitation design and bidding services including lining of the existing main from the proposed sewer by-pass structure to the wet well, a corrosion resistant coating for the wet well, an improved Fats/Oils/Grease breakup spray water system, odor control improvements and a new headworks gantry crane for servicing the bar screens for a new work order value of $168,965. APPROPRIATION CODE AND AMOUNT: 3277327-561300-96664 Funds are available in capital improvement project 96664, WPC Repair and Replacement, to fund this work order. Page 1 City of Clearwater Printed on 11/14/2018 WORK ORDER INITIATION FORM 1 of 14 Revised: 11/29/2017 KING ENGINEERING ASSOCIATES, INC. SUPPLEMENTAL #2 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:August 14, 2018 Project Number:2110-211-001 City Project Number:13-0016-UT 1.PROJECT TITLE: East WRF Influent Pump Station Rehabilitation -Supplemental Work Order #2 for Rehabilitation of the Influent Sewer and Other Miscellaneous Improvements. 2.SCOPE OF SERVICES: Background Work Order (WO) (13-0016-UT) was issued to King Engineering Associates, Inc. (Consultant) in June 2013 to provide design and construction services related to rehabilitation and improvements to the existing Influent Pump Station (IPS). At about the same time, the City issued a WO for improvements to the effluent filters at the East WRF. This WO considered constructing the IPS improvements with the filter improvements under the same construction contract. When the original IPS WO was issued, the City was unaware that two critical influent sewer structures, which are shown on the Record Drawings and are needed for bypassing sewage around the IPS, had not been constructed. This finding in February 2014 stopped design work on the IPS improvements to allow alternatives to be considered. The City subsequently decided that a new sewer structure should be constructed over the existing influent sewer. Engineering services related to the new sewer structure were included in a Supplemental Work Order (SWO) for the effluent filters project (13-0014-UT)in June 2014 since other supplemental work had been identified for the filters. Later, after the effluent filter SWO was issued, the City decided to WORK ORDER INITIATION FORM 2 of 14 Revised: 11/29/2017 postpone the IPS project and continue design and construction of the effluent filter rehabilitation so as to not delay the effluent filter project unnecessarily. The City then discovered in April 2015 that the existing influent sewer to the East WRF had deteriorated and needed to be repaired/replaced. As a result, the City decided to repair the sewer and relocate the new influent sewer structure as close as possible to the SR 60 right-of-way to maximize the length of sewer being replaced. To accomplish this, in December 2015 the City issued SWO #1 for the East WRF Influent Pump Station Rehabilitation for the Consultant to provide engineering services for the design of repairs to the existing influent sewer, re-locating the sewer structure, and for performing other work not included in the original IPS WO or in the SWO for the effluent filters. SWO #1 for the IPS included Subsurface Utility Engineering (SUE) services needed to locate the existing 36-inch effluent pipe from the Northeast WRF, which was shown on Record Drawings to be located near the proposed sewer structure. An attempt to locate the Northeast effluent pipe in January 2016 was unsuccessful. Other priorities at the City delayed resolving this issue and moving the project forward. A second SUE investigation was conducted in June 2018. This investigation found the pipe to the south of the IPS but lost the pipe before it turns to the east. Scope of Services The City has requested that the Consultant provide evaluations and recommendations regarding the following items, not included in the original scope of services: Repair/replacement of the non-working influent flowmeter (magmeter); The disposition of the wet well baffle shown in the Record Drawings. Additional SUE services to locate the Northeast WRF effluent line as it enters the East WRF site. Geotechnical investigations for the proposed sewer structure. In addition, because a temporary bypass pumping system is needed for the proposed work, the City has decided that otherimprovements should also be made while the IPS is out of service. To this end, Consultant will provide additional engineering design services for: Design of a new wet well air inlet to improve fresh air movement across the width of the wet well and reduce stagnant areas where corrosive gasses collect and contribute to concrete corrosion. Design of a gantry crane to facilitate removal of the headworks screens to prevent overflows should the screens become clogged during high flow or during emergency flow events. A new FOG breakup spray water system in the IPS wet well. Miscellaneous other improvements including: -Inclusion of an alternative concrete coating systems specification. -Replacement of the existing IPS check valves (#1 & #2) and isolation valves. -Safety nets in the IPS hatch openings. WORK ORDER INITIATION FORM 3 of 14 Revised: 11/29/2017 -Chains on the IPS pumps for lifting. -A hose bib at IPS operating platform. This SWO #2 also provides compensation to the Consultant for: Updating the project’s cover, title block and specifications to the City’s standards, which have revised since issuance of the original Work Order in 2013; Updating the Engineer’s Opinion ofProbable Construction Costs based on current market conditions; and, Attending three project re-boot meetings. The design of the proposed new sewer structure, which was included in the East Filter Rehabilitation SWO #1 project, has not been completed and the associated Purchase Order has been closed by the City. The fees for completing this work are incorporated into this SWO #2 as are payments not made to the Consultant resulting from a City billing error for work already completed. Finally, Consultant shall provide additional bidding assistance, commensurate with the increase in project scope. A Health and Safety Plan shall also be provided. I.PRE-DESIGN PHASE Task 1.1 - Project Coordination Consultant will provide additional Project Coordination services resulting from the extended project design schedule and the additional work described above including: Coordinating the activities of the Consultant’s staff and subconsultants with those of the City and administering communications among the project team members and with the City’s staff. Maintaining and updating monthly project schedules and status reports, using the City’s forms. Administeringa quality assurance program covering the technical work of the project team. Assisting the City’s Project Manager with tracking project activity. A Health and Safety Plan will be prepared, submitted, and approved by the City Project Manager prior to mobilizing to the site. II.DESIGN EVALUATIONS PHASE Task 2.1 – Influent Flow Meter Evaluations Consultant will provide a written evaluation of the existing influent magnetic flowmeter and the existing Parshall Flume flowmeter. These evaluationswill include: WORK ORDER INITIATION FORM 4 of 14 Revised: 11/29/2017 Obtain information and data on the existing meters, if available, including manufacturer, make, model, installation, and other available data. Visit the site, collect measurements of existing meter installations, and prepare sketch of existing meters, piping and supports. Review the existing installations and determine if the existing meters have been installed in accordance with the manufacturer’s recommended installation requirements and other recommendations such as the USEPA and the Hydraulic Institute. If available, review calibration data collected by the City and contact the meter manufacturers to obtain service history. Coordinate with the meter manufacturers’ representatives to obtain costs for repairing or replacing the flowmeter. Prepare a cost estimate of the magnetic flowmeter improvements. Prepare a draft Technical Memorandum with conclusions and recommendations regarding the Parshall Flume and magnetic flowmeters and submit to City for review. Meet with the City to review the draft Technical Memorandum Incorporate City comments into a final Technical Memorandum. Task 2.2 – Wet Well Baffle Evaluation Consultant will provide a written evaluation of the history of the baffle that was shown on the existing Record Drawings, as well as an evaluation as to whether this baffle should be replaced. The evaluation will include: Contact the manufacturer of the self-cleaning wet well pumping system (Hydrostal) to determine whether the baffle is a functional, integral part of the wet well design. Review standards of the Hydraulic Institute regarding the use of baffles in wet wells. Perform internet literature search regarding use of baffles specific to the current East WRF application. Prepare and submit a draft Technical Memorandum presenting results of research into the use of baffles in wet wells, including purpose, location, type, manufacturer’s recommendations (if any), and other results. Include recommendations for baffle in the East WRF Influent Pump Station application. Meet with the City to review the draft Technical Memorandum. Incorporate City comments into a final Technical Memorandum. Task 2.3 – Subsurface Utility Engineering Investigations and Report Under asubcontract, Consultant will conduct subsurface investigations, not to exceed five days effort, to locate the existing effluent line from the Northeast WRF, including: Provide minor traffic control within the work areas while designating and locating the subsurface utilities in accordance with applicable standards. Provide safety devices, WORK ORDER INITIATION FORM 5 of 14 Revised: 11/29/2017 signs and/or other safety equipment as appropriate for work outside of the travel lanes. All work will take place outside the SR 60/Gulf to Bay Blvd R/W. ASCE Quality Level “B” Designation - Utilizing conventional electronic designating equipment together with Ground Penetrating Radar (GPR), designate and mark with paint and/or flags the horizontal location of found underground utilities. Pipelines smaller than 2” will be marked if found, but due to their small size are often invisible to current designating equipment and may not be picked up. ASCE Quality Level “A” Location - Provide a test hole (VVH – verified vertical and horizontal) on each found utility line. No test holes to be provided in roadway. For each test hole, neatly cut and remove existing pavement or other surface material (approximately 225 square inches per cut). Excavate the material through the cut, down to the utility in a way that prevents damage to wrappings, coatings or other protective coverings of the utilities (i.e. vacuum/pressure excavations, hand digging, etc). Backfill and compact with select material around the utility. Provide for restoration of the surface pavement, within the limits of the cut, at the time of the backfill. Mark findings in field and provide a copy of field notes (electronically). Survey marked utilities and submit to City (two hard copies, digital pdf, AutoCAD). Task 2.4 - Geotechnical Data Collection and Report Through a subcontract, Consultant will have a boring drilled in the vicinity of the proposed sewer bypass structure, including: Drill boring to 20 feet below land surface; Perform standard lab classification tests; and, Prepare and submit report of recommendations for structure foundation and construction. III.FINAL DESIGN PHASE Task 3.1 – Influent Flowmeter Repairs/Replacement If elected to be performed by the City, Consultant will provide design of repairs or replacement of the existing influent flowmeter, including: Incorporate sketch of repaired/replaced meter and piping modifications into contract drawings. Prepare technical specification for repair/replacement of influent flowmeter, including electrical, instrumentation and controls. Update cost estimate. Task 3.2 – Wet Well Baffle Replacement WORK ORDER INITIATION FORM 6 of 14 Revised: 11/29/2017 If elected to be performed by the City, Consultant will provide design of a replacement wet well baffle, including: Design baffle hydraulics, construction, materials of construction, supports. Prepare drawings and details of baffle into the contract drawings. Prepare technical specification for baffle. Update cost estimate. Task 3.3 – Wet Well Ventilation Improvements Consultant will provide the design of a new wet well fresh air inlet. This work will include: Correspond with the manufacturer of the odor scrubber to identify air flow rates. Size fiberglass reinforced plastic (FRP) air inlet and air piping, considering the installation of single outside air inlet and multiple outlets into the wet well for even air flow distribution. Design stainless steel pipe supports and provide for removal of existing air inlet. Prepare drawings, specs and cost estimate. Task 3.4 - Gantry Crane Consultant will provide a design of a gantry crane to allow the existing screens to be lifted out of the influent channel. This work will include: Review existing drawings of the headworks provided by the City. Collect and review information on the existing screens including dimensions, operating clearances, weights and other pertinent dimensional information. Review information and correspondence previously obtained by the City from the crane manufacturer. Visit the site to identify clearance issues and need to relocate existing equipment including existing electrical panels. Prepare drawings, technical specifications and cost estimate for crane installation. Task 3.5 – FOG Breakup Spray Water System Consultant will provide design of a spray water system to break-up FOG accumulating in the IPS wet well, including: Meet with City staff to collect input on preferences for the spray water system. Coordinate with spray nozzle manufacturersregarding designof the system including volume and pressure requirements based on elevations and wet well dimensions. Prepare and submit a sketch of the proposed piping and spray water nozzle configuration for the City’sreview. WORK ORDER INITIATION FORM 7 of 14 Revised: 11/29/2017 Upon City approval of the sketch, perform hydraulic analysis and size piping. It is assumed that pumps will not be required. Prepare mechanical drawings, equipment specifications and update costs estimate. Task 3.6 – Miscellaneous Improvements Consultant will develop biddable drawings, specifications and cost estimates for the following proposed facilities at the East WRF: Provide a specification for an alternative concrete coating system for corrosion protection for the repair of the IPS and for the proposed sewer structure. Replace the existing IPS check valves (#1 & #2) and isolation valves. Provide safety nets in IPS. Provide chains on IPS pumps. Provide hose bib at IPS. Task 3.7 –Review Submittals and Meetings Consultant will provide hard copies and digital pdf copies of the drawings, specifications and cost estimates for review by the City including. 60% submittal and review meeting 90% submittal and review meeting Task 3.8 – Other Considerations The following will be incorporated into the Consultant’s compensation for the project: Update cover drawing and standard specifications to reflect new City standards. Update the Engineer’s Estimate of Probable Construction Costs to reflect current market conditions. Attend three project re-boot meetings. The addition of $7,844 to make up for $7,844 of work not yet completed under the closed East Filter Improvements Purchase Order. The addition of $2,844 to make up for payments inadvertently not made to the Consultant by the City. IV.BID DOCUMENTS AND BIDDING PHASE Task 4.1 – Final Bid Documents and Bidding Assistance Consultant will provide the following additional services commensurate with the increase in construction scope: WORK ORDER INITIATION FORM 8 of 14 Revised: 11/29/2017 Address City comments from the 90% review meeting and update the bid documents including plans, specs andcost estimates. Update contract time, contractor work restrictions (sequence of construction) and bid form. Submit final bid documents for advertisement for bids. Prepare addenda for distribution by the City. Attend the pre-bid meeting with the City. Respond to questions as required to interpret, clarify or expand the bidding documents. Review and evaluate the apparent low bidder’s qualifications for undertaking the work and make recommendations for contract award. Prepare and provide conformed Contract Documents (engineering drawings in AutoCAD and PDF format and specifications in MS Word and PDF format) to the City. 3.PROJECT GOALS: Project deliverables will include the following: 1. Health and Safety Plan 2. Draft and final technical memorandums on flowmeters and wet well baffle: digital pdf. 3. SUE survey of NE WRF effluent pipe: five (5) hard copies, digital pdf, AutoCAD. 4. Geotechnical Report: five (5) hardcopies, digital pdf. 5. 60%, 90%, Final Drawings, Conformed Drawings and Specification and Cost Estimates: five (5) hardcopies, digital pdf, AutoCAD (as appropriate). 4.BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by King Engineering for the completion of these tasks in accordance with Professional Services Method “A” Cost times Multiplier Basis for all tasks, for a fee not to exceed One Hundred Ten Thousand One Hundred Thirty dollars ($110,130). 5.SCHEDULE: The project is to be completed 270 calendar days from issuance of notice-to-proceed, excluding time for City reviews. The project deliverables are to be phased as follows: Design Phase 60 calendar days 60% Design Submittal 120 calendar days* 90% Design Submittal 60 calendar days* 100% Design Submittal 30 calendar days* WORK ORDER INITIATION FORM 9 of 14 Revised: 11/29/2017 *Days following receipt of comments from City on previous phase. 6.STAFF ASSIGNMENT: Consultant’s Staff: Principal:Christopher F. Kuzler, P.E. Project Manager:Thomas A. Traina, P.E. Project Engineers:Jeff Elick, P.E., Lizeth Mora, E.I., Matthew Davis, P.E. Designers:Mark Gladbach, Frank Paul, Vartkes Toma Clerical:Paula Eldon City’s Staff: Jeff Walker, PE Project Manager Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director Jason Jennings Wastewater Environmental Tech. Mgr. Michael Gilliam Infrastructure Maintenance Manager Jack Sadowski Site Representative/PUD Liaison, East WRF Chief Operator Kervin St.Aimie Maintenance Coordinator 7.CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’s project correspondence shall be directed to Thomas A. Traina, P.E. 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: Invoices for work performed shall be submitted monthly to the: City of Clearwater Engineering Department Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. WORK ORDER INITIATION FORM 10 of 14 Revised: 11/29/2017 City Invoicing Code: 3277327-561300-96664 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. The following assumptions and clarifications were made in the development of this Work Order. Should the final scope of work differ from that provided and these assumptions and clarifications, additional compensation will be required. The influent magmeter will be repaired/replaced in its existing location, i.e., not relocated, and no bypass is to be provided. No instrumentation or electrical work is associated with this SWO. Power and control wiring for the new magnetic flowmeter will be connected to the existing circuit breaker and I/O card for the existing flowmeter. SUE work is limited to 5 days investigative field effort. A single review meeting will be held with the City for Task II work efforts. PREPARED BY:APPROVED BY: __________________________________________________________ Christopher F. Kuzler, P.E.D. Scott Rice, PE Managing Principal City Engineer King Engineering Associates, Inc.City of Clearwater WORK ORDER INITIATION FORM 11 of 14 Revised: 11/29/2017 ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 12 of 14 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 (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “C” WORK ORDER INITIATION FORM 13 of 14 Revised: 11/29/2017 East Water Reclamation Facility Influent Pump Station Rehabilitation King Engineering Associates, Inc. SUPPLEMENTAL WORK ORDER No. 2 INITIATION FORM PROJECT BUDGET Task Description Subconsultant Labor Total 1.0 Pre-Design Phase 1.1 Project Coordination $16,852 $16,852 Subtotal $16,852 $16,852 2.0 Design Phase 2.1 Influent Flowmeter Evaluation $10,256 $10,256 2.2 Wet Well Baffle Evaluation $4,078 $4,078 2.3 SUE Investigations & Report $10,850 $2,188 $13,038 2.4 Geotechnical Data Collection $2,500 $814 $3,314 Subtotal $13,350 $17,336 $30,686 3.0 Final Design Phase 3.1 Influent Flowmeter Design $2,765 $2,765 3.2 Wet Well Baffle Replacement $3,959 $3,959 3.3 Wet Well Ventilation Improvements $4,031 $4,031 3.4 Gantry Crane Design $1,500 $6,416 $7,916 3.5 Grease Spray Water System Design $8,232 $8,232 3.6 Miscellaneous Improvements $1,000 $3,707 $4,707 3.7 Review Submittals $500 $5,682 $6,182 3.8 Other Considerations $16,351 $16,351 Subtotal $3,000 $51,143 $54,143 4.0 Bid Docs and Bidding Assistance 4.1 Final Bid Docs and Bidding Assistance $350 $6,699 $7,049 Subtotal $350 $6,699 $7,049 Subtotal $16,700 $92,030 $108,730 Direct Expenses $1,400 Grand Total $110,130 DOWNING ST BAYSIDE BRG GULF-TO-BAY BLVD S McMULLEN BOOTH RD BAYSHORE BLVD COURTNEY CAMPBELL CSWY AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JW N.T.S.301A 16-29s-16e10/23/2018Reviewed By:S-T-R:Grid #:Date:Scale: East Water Reclamation Facility Influent Pump Station Rehabilitation: Project #13-0016-UT Document Path: V:\GIS\Engineering\Location Maps\13-0016-UT East WRF IPS Rehab Exhibit Map.mxd JCAMap Gen By: EAST WRFIPS REHABPROJECTLOCATION Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5331 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a 2-year renewal to Clearwater Ferry Services Inc., Water Taxi Operating Agreement, commencing on December 1, 2018 and authorize the appropriate officials to execute same. (consent) SUMMARY: Based on RFP 34-16, City Council approved the initial Water Taxi Operating Agreement on November 17, 2016 and Clearwater Ferry Services Inc. (CFS) has been successfully providing water taxi services connecting downtown Clearwater and Clearwater Beach since that time. As provided for in the initial agreement, subsequent renewals subject to mutual agreement were anticipated. CFS wishes to continue providing water taxi services consistent with the initial term without any direct city subsidy. CFS will continue to utilize the existing ferry landings outlined in RFP 34-16, as earlier anticipated enhancements and infrastructure upgrades have yet to be implemented. The General Fund will reimburse the Beach Marina Fund for the use of slips 149 and 150 which have been taken out of service for use as the beach ferry landing at a cost of $10,000 a year. CFS will also continue to use the vessel, Monica’s Crossing, purchased with city funds under the original agreement. APPROPRIATION CODE AND AMOUNT: Funds are available in special program 98604, 2016 Clearwater Ferry, to fund the first year of this agreement. Funding for fiscal year 2019/20 will be requested as part of the next year budget process. Page 1 City of Clearwater Printed on 11/14/2018 CLEARWATER FERRY SERVICES For any additional information on our ridership or to receive copies of these reports, please email Camille Hebting, Sales and Marketing Manager at Camille@ClearwaterFerry.com 238 185 106 132 186 173 98 90 0 50 100 150 200 250 300 350 400 450 July 6 - 8 July 13 - 15 July 20 - 22 July 27 - 29 Chart Title Riders originating in Dunedin/brought to Clearwater via Ferry Others Monthly Ridership Report 15,773 ridrs 6250 7500 8750 Actual 2017 Actual 2018 July Monthly Passengers C L E A R W A T E R F E R R Y S E R V I C E S , I N C . This second figure shows the breakdown of Blue Line riders into two categories: passengers originating in Dunedin, thus using Clearwater Ferry as a transportation alternative to get to Clearwater/Clearwater Beach, and others. All 4 columns representing all 4 operating weekends in July 2018 show a pattern of an overwhelming majority of riders using our service to get to Clearwater/Clearwater Beach, where they spend time and money. 7,704 riders ROLLING TOTAL NUMBER OF RIDERS SINCE DAY ONE: Clearwater Ferry saw one more month of growth in July of 2018 with 6% growth rate over last year’s ridership numbers. July marked the introduction of a NEW line –and first ever regional route for waterborne transportation in Pinellas County: the Blue Line with direct service from Dunedin Marina to Clearwater Beach. The second part of this report will share some insights into the first month of new line and the difference that it already makes for the City of Clearwater and its residents. @ClearwaterFerry @ClearwaterFerry @ClearwaterFerry Visit www.ClearwaterFerry.com or download our FREE Clearwater Ferry App to see our full schedule and be alerted to any updates. 8,181 riders CLEARWATER FERRY SERVICES For any additional information on our ridership or to receive copies of these reports, please email Camille Hebting, Sales and Marketing Manager at Camille@ClearwaterFerry.com 700 543 234 234 226 214 0 100 200 300 400 500 600 700 800 September 29th September 30th September 15th September 3rd September 28th September 2nd Chart Title Series 1 Column1 Column2 Monthly Ridership Report 15,773 ridrs 0 1250 2500 3750 5000 Actual 2017 Actual 2018 September Monthly Passengers C L E A R W A T E R F E R R Y S E R V I C E S , I N C . The above figure shows our busiest days for ridership in September 2018, which were 9/29, 9/30, 9/15, 9/3, 9/28 and 9/2, in that order and at the noted numbers of riders. September 28-30 was the weekend of the National Super Boat Races, explaining the influx of visitors to our area and thus the high ridership. The other dates happened to be beautiful weather days with high temperatures, which shows how much good weather impacts our ridership. 2,194 riders ROLLING TOTAL NUMBER OF RIDERS SINCE DAY ONE: September was the highest growth in ridership (for the same month, one year over the next) in 2018 so far for Clearwater Ferry. We saw another consecutive month of growth in September of 2018 with over 88.7% growth rate from 2017. September 2018 was also a record-breaking month in regard to temperatures, labeled the warmest month on record for Tampa Bay by the National Weather Service with 85.9F average. @ClearwaterFerry @ClearwaterFerry @ClearwaterFerry Visit www.ClearwaterFerry.com or download our FREE Clearwater Ferry App to see our full schedule and be alerted to any updates. 4,142 riders 2018 Ridership Detail - Clearwater Ferry Services, Inc. Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders Date Total number of riders 1-Jan 18 1-Feb 86 1-Mar 158 1-Apr 1,042 1-May 27 1-Jun 175 1-Jul 292 1-Aug 81 1-Sep 206 1-Oct 238 2-Jan 10 2-Feb 107 2-Mar 210 2-Apr 393 2-May 80 2-Jun 392 2-Jul 258 2-Aug 53 2-Sep 214 2-Oct 0 3-Jan 0 3-Feb 79 3-Mar 524 3-Apr 341 3-May 86 3-Jun 210 3-Jul 5 3-Aug 219 3-Sep 234 3-Oct 35 4-Jan 17 4-Feb 3 4-Mar 307 4-Apr 308 4-May 390 4-Jun 133 4-Jul 1214 4-Aug 621 4-Sep 21 4-Oct 57 5-Jan 7 5-Feb 67 5-Mar 274 5-Apr 293 5-May 477 5-Jun 109 5-Jul 158 5-Aug 258 5-Sep 26 5-Oct 92 6-Jan 32 6-Feb 90 6-Mar 236 6-Apr 445 6-May 303 6-Jun 63 6-Jul 408 6-Aug 474 6-Sep 19 6-Oct 225 7-Jan 43 7-Feb 129 7-Mar 42 7-Apr 294 7-May 147 7-Jun 89 7-Jul 684 7-Aug 128 7-Sep 59 7-Oct 187 8-Jan 36 8-Feb 91 8-Mar 40 8-Apr 325 8-May 86 8-Jun 121 8-Jul 428 8-Aug 130 8-Sep 162 8-Oct 248 9-Jan 36 9-Feb 137 9-Mar 174 9-Apr 104 9-May 70 9-Jun 535 9-Jul 128 9-Aug 94 9-Sep 116 9-Oct CLOSED 10-Jan 26 10-Feb 287 10-Mar 179 10-Apr 0 10-May 97 10-Jun 329 10-Jul 165 10-Aug 232 10-Sep 160 10-Oct CLOSED 11-Jan 26 11-Feb 246 11-Mar 315 11-Apr 122 11-May 174 11-Jun 82 11-Jul 133 11-Aug 67 11-Sep 42 11-Oct CLOSED 12-Jan 4 12-Feb 167 12-Mar 38 12-Apr 189 12-May 543 12-Jun 93 12-Jul 130 12-Aug 285 12-Sep 36 12-Oct 100 13-Jan 20 13-Feb 51 13-Mar 24 13-Apr 819 13-May 128 13-Jun 86 13-Jul 368 13-Aug 243 13-Sep 24 13-Oct 239 14-Jan 35 14-Feb 123 14-Mar 83 14-Apr 2,329 14-May 2 14-Jun 99 14-Jul 573 14-Aug 73 14-Sep 121 14-Oct 113 15-Jan 30 15-Feb 138 15-Mar 162 15-Apr 42 15-May 27 15-Jun 215 15-Jul 357 15-Aug 54 15-Sep 234 15-Oct 249 16-Jan 43 16-Feb 228 16-Mar 357 16-Apr 142 16-May 61 16-Jun 473 16-Jul 122 16-Aug 85 16-Sep 119 16-Oct 7 17-Jan 6 17-Feb 514 17-Mar 677 17-Apr 478 17-May 32 17-Jun 454 17-Jul 205 17-Aug 196 17-Sep 194 17-Oct 23 18-Jan 1 18-Feb 441 18-Mar 645 18-Apr 583 18-May 179 18-Jun 135 18-Jul 51 18-Aug 312 18-Sep 44 18-Oct 25 19-Jan 4 19-Feb 359 19-Mar 144 19-Apr 675 19-May 371 19-Jun 89 19-Jul 118 19-Aug 199 19-Sep 22 19-Oct 225 20-Jan 100 20-Feb 180 20-Mar 2 20-Apr 1,036 20-May 7 20-Jun 100 20-Jul 138 20-Aug 294 20-Sep 27 20-Oct 585 21-Jan 110 21-Feb 160 21-Mar 134 21-Apr 2,650 21-May 41 21-Jun 118 21-Jul 419 21-Aug 36 21-Sep 74 21-Oct 418 22-Jan 47 22-Feb 301 22-Mar 64 22-Apr 1,144 22-May 50 22-Jun 146 22-Jul 342 22-Aug 109 22-Sep 173 22-Oct 424 23-Jan 24 23-Feb 385 23-Mar 248 23-Apr 86 23-May 74 23-Jun 460 23-Jul 43 23-Aug 74 23-Sep 70 23-Oct 24-Jan 14 24-Feb 691 24-Mar 749 24-Apr 160 24-May 76 24-Jun 193 24-Jul 54 24-Aug 189 24-Sep 137 24-Oct 25-Jan 15 25-Feb 871 25-Mar 858 25-Apr 124 25-May 136 25-Jun 102 25-Jul 92 25-Aug 163 25-Sep 62 25-Oct 26-Jan 38 26-Feb 311 26-Mar 536 26-Apr 153 26-May 118 26-Jun 85 26-Jul 50 26-Aug 201 26-Sep 32 26-Oct 27-Jan 167 27-Feb 208 27-Mar 388 27-Apr 219 27-May CLOSED 27-Jun 92 27-Jul 245 27-Aug 265 27-Sep 45 27-Oct 28-Jan 24 28-Feb 210 28-Mar 397 28-Apr 652 28-May CLOSED 28-Jun 136 28-Jul 689 28-Aug 15 28-Sep 226 28-Oct 29-Jan 2 MONTHLY 6,660 29-Mar 481 29-Apr 497 29-May 77 29-Jun 100 29-Jul 211 29-Aug 38 29-Sep 700 29-Oct 30-Jan 16 30-Mar 550 30-Apr 128 30-May 25 30-Jun 79 30-Jul 48 30-Aug 24 30-Sep 543 30-Oct 31-Jan 22 31-Mar 325 MONTHLY 15,773 31-May 126 MONTHLY 5,493 31-Jul 53 31-Aug 81 MONTHLY 4,142 31-Oct MONTHLY 973 MONTHLY 9,321 MONTHLY 4,010 MONTHLY 8,181 MONTHLY 5,293 MONTHLY 3,490 2018 Ridership to date = 63,336 after school 2,651 YEAR TO DATE Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5341 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve a Blanket Purchase Order for various roof repairs and replacements by Quality Roofing Inc and Garland/DBS Inc, not to exceed $300,000 annually, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) SUMMARY A majority of the Building & Maintenance roofing repairs and replacements have been made by contacting various contractors to obtain quotes or by piggybacking other entities contracts . Staff is requesting the ability to use existing piggyback contracts for Quality Roofing Inc. and Garland/DBS Inc. for various roofing projects throughout the city for the duration of their respective contract. This will allow the City to benefit from pre-negotiated prices for various items required. Piggyback Contracts; City of Tampa #71122115 (Quality Roofing) - expires February 17, 2020, and US Communities Contract # 14-5903 (Garland/DBS) - expires December 31, 2019. The authorizations for sole source and/or piggyback contracts have been brought to Council each time the source-specific expenditures are expected to exceed $100,000 within a single year, as required by City code. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: GSBM180003 Roofing Repair and Replacement Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5370 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve a truck scale and baler as surplus, pursuant to Chapter 2 Article VI, Division 4, Section 2.622 (Clearwater Code of Ordinances); authorize the sale to the highest bidder and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department is requesting that a truck scale and baling system be declared as surplus equipment and be available for sale. Due to the potential value of these items being greater than $5,000.00 Council’s approval is necessary for the disposal through the sale to the highest bidder. The truck scale from our recently closed Transfer Station will be replaced by new truck scales that have been included in the scope of the Transfer Station Rebuild Project. The old scale is fully depreciated. The baling system from the Recycling Processing Center, was the original and oldest of two balers that were on that site. It was removed when we needed to make room on the tipping floor for the increased volumes of single stream commodity. The baling system is also fully depreciated. APPROPRIATION CODE AND AMOUNT: No funds are required from the FY 2018/2019 Operating Budget of the Solid Waste Fund or FY 2018/2019 Operating Budget of the Recycling Fund. Proceeds from the sale of the equipment would be applied to the following revenue accounts: ·424-364412 Solid Waste Fund - Surplus Machinery & Equipment ·426-364412 Recycling Fund - Surplus Machinery & Equipment Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5371 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Return to service four roll-off trucks and one front-end loading truck (for refuse collection from dumpsters) that were previously declared as surplus and authorized for sale Pursuant to Chapter 2 Article VI, Division 4, Section 2.622, and authorize the appropriate officials to execute same. (consent) SUMMARY: The five vehicles listed below were intended to be removed from service as their replacements came on-line. Due to the closing of the Transfer Station and the critical need to retain these vehicles to assist in the direct hauling of waste to the Pinellas County waste-to-energy plant, the Solid Waste Department is requesting that Council declare these items as restored to service. Once the Transfer Station is re-opened (fall or winter of 2019/2020) the vehicles will be recommended for disposal as surplus equipment. 1.G2787 2003 Sterling Roll-Off Truck 2.G3039 2004 Peterbilt Roll-Off Truck 3.G3277 2006 Kenworth Roll-Off Truck 4.G3278 2007 Kenworth Roll-Off Truck 5.G3618 2008 Peterbilt Front-End Loading Truck APPROPRIATION CODE AND AMOUNT: Funds for increased operating costs (fuel and maintenance) are available as part of the FY 2018/19 operating budget of the Solid Waste Fund: ·424-02083-540100 (Solid Waste - Commercial Collection - Garage Services) $32,600 ·424-02089-540100 (Solid Waste - Roll-off Collection - Garage Services) $220,000 Page 1 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5385 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve a Legal Services Agreement hiring David Harris, Esq. as outside council to revise purchasing sections of the Code of Ordinances and the Purchasing Manual for an amount not to exceed $35,000 and authorize the appropriate officials to execute same. (consent) Chapter 2, Division VI, Article III of the Clearwater Code of Ordinances outlines the legal requirements for purchases by the city. The provisions of these code sections are outdated and have not been substantially amended since 1999. Mr. Harris is an attorney with significant experience in government procurement and purchasing. He will review the code sections and current Purchasing manual and ensure they comply with federal and state law and that they are not in conflict with each other. It is anticipated that this review and revision should be completed within six months. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100 (Professional Services) to fund this agreement. Page 1 City of Clearwater Printed on 11/14/2018 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of __________, 2018, by and between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of DAVE HARRIS, P.A. (“Counsel"). W I T N E S S E T H: WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with revisions to the City of Clearwater Code of Ordinances sections related to purchasing. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services in connection revising the purchasing code and purchasing manual SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $250.00 per hour, inclusive of all paralegal and administrative services. Professional fees for services shall not exceed $35,000 for the term of this Agreement. SECTION 4. TERM. This Agreement will be effective commencing December 1, 2018. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in [GM18-9821R-003/226913/1] 2 an amount in excess of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. COURT REPORTER SERVICES. The City has a contract with D & D Reporting Services for all court reporter services, including the use of court reporter services by the City’s outside counsel. Counsel agrees to use D & D Reporting Services whenever possible. SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that David H. Harris, Esquire, will be the lead attorney assigned by the firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to the City. SECTION 11. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager [GM18-9821R-003/226913/1] 3 Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk DAVE HARRIS, P.A. By: _____________________________ David H. Harris, Esq. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5386 Agenda Date: 11/15/2018 Status: Consent AgendaVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve the Interlocal Agreement with Pinellas County and the Pinellas Suncoast Transit Authority (PSTA) to participate and fund an update of the findings of a 2008 study of the technical feasibility of a joint-use facility and evaluate potential site locations and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2008, the City and Pinellas County studied the feasibility of a joint-use city/county facility. City and county staff believe that in order to move forward with a conversation about the possibility of such a venture and the future of a number of city and county sites in downtown Clearwater, an update to that 2008 study is needed. This tri-party agreement determines the funding for the update and the responsibilities of each entity. The City of Clearwater and Pinellas County will split the cost of the update, with each party funding the study to an amount not to exceed $37,434.00, for a combined not to exceed amount of $74,868.00. The County will be responsible for contracting with the consultant (Williamson Dacar), managing the contract, and paying all invoices, as well as providing the City all deliverables. The City will provide the county with a liaison for the project who will provide information and pay invoices submitted by the county consistent with the agreement All parties to the agreement will also be responsible for providing a professional review of the deliverables. PSTA is a party to the agreement because part of one of the sites being reviewed is owned by PSTA, however PSTA is not being asked to participate financially. APPROPRIATION CODE AND AMOUNT: Funds are available in General Fund Non-Departmental cost code 0107010-530100, Professional Services, to fund this agreement. Page 1 City of Clearwater Printed on 11/14/2018 1 Interlocal Agreement This interlocal agreement (the “Agreement”) made and entered into this _____ day of _________________ 2018, by and among Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the “COUNTY”, the City of Clearwater, a municipal corporation of the State of Florida, hereinafter referred to as the “CITY”, and Pinellas Suncoast Transit Authority, an independent special district, hereinafter referred to as “PSTA”. WITNESSETH: WHEREAS, this Agreement is made and entered among the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, the County and the City are considering the possibility of a joint-use facility with the potential benefits of a shared public investment, economies of scale, and efficiencies of operations and related financial savings; and WHEREAS, the County will commission a study to update the findings of a 2008 study of the technical feasibility of a joint-use facility, and evaluate potential site locations, hereinafter referred to as the “STUDY”; and WHEREAS, the County will share in specific costs as delineated in paragraphs 2 and 3 of this Agreement; the City will share in specific costs as delineated in paragraphs 2 and 4 of this Agreement; and WHEREAS, PSTA owns a portion of a property to be considered as a potential site for the joint-use facility. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by the parties hereto as follows: 1. PURPOSE The purpose of this Interlocal Agreement is that the County and the City participate and fund a STUDY to update the findings of a 2008 study of the technical feasibility of a joint-use facility, and evaluate potential site locations; that PSTA, as a partner and as the owner of a portion of a property to be considered as a potential site for the joint-use facility, participate in providing review of the consultant’s deliverable. 2. JOINT RESPONSIBILITIES – County and City The County and the City agree to: a. Jointly and equally fund costs associated with the STUDY, which costs shall not exceed $74,868.00 for either party. b. Specifically, the County and City agree to share in the costs for the following: 1. Site Evaluation Evaluate three potential sites in Downtown Clearwater for their ability to adequately accommodate the joint-use facility 2 Develop a conceptual layout to test fit the program requirements on each site Review zoning codes for each site Develop advantages and disadvantages for each site Provide budget estimates for site improvements on each site 2. Project Meetings Meet with consultant to review and finalize all reports 3. Final Report and Presentation Consultant’s final report of findings and presentation of findings to Pinellas County Board of County Commissioners and the Clearwater City Council 3. COUNTY’SRESPONSIBILITIES The County agrees to: a. Contract directly with the consultant for services. b. Appoint a contract manager to manage the STUDY and provide coordination with the City. c. Provide all deliverables to the City. d. Provide professional review of the deliverable. e. Submit detailed invoices to the City for payment of services, which the City has agreed to share, as defined above. 4. CITY’S RESPONSIBILITIES The City agrees to: a. Appoint a liaison to interact with County and the consultant during the STUDY. b. Provide the consultant with information. c. Provide professional review of the deliverable. d. Promptly pay invoice(s) submitted by the County for services, which the City has agreed to share, as per Florida Prompt Payment Act. 5. PSTA’S RESPONSIBILITIES PSTA agrees to: a. Provide professional review of the deliverable. 6. TERM The term of this Agreement shall be for a period of one (1) year, commencing on the Effective Date, as further defined herein. 3 7. TERMINATION a. Except as provided in the subparagraphs below, any party hereto may terminate its participation in this Agreement upon no less than thirty (30) days written notice to the other parties prior to the effective date of its withdrawal. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. A withdrawing party remains responsible for its share of any costs already obligated or incurred up to the effective date of its withdrawal. b. In the event funds are not appropriated by any party in any succeeding fiscal year for the purposes described herein, then this Agreement shall be deemed to terminate at the expiration of the last fiscal year for which funds were appropriated and expended, without penalty or expense of either party. c. This Agreement may be terminated by any party for any breach by another party of the terms of this Agreement upon twenty-four (24) hours written notice. Said notice shall be delivered to the other party by certified mail, return receipt requested, or in person with proof of delivery. Each party may at its discretion waive any breach by the other party in writing, but such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. 8. INDEMNIFICATION The COUNTY, CITY and PSTA agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to make COUNTY responsible for the acts of any consultant hired pursuant to the terms of this Agreement to perform services hereunder. COUNTY shall require said consultant to indemnify and defend the COUNTY and the CITY for any claim that may arise in the performance of services under the subject agreement. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the COUNTY, the CITY, and PSTA are entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the COUNTY, the CITY, or PSTA to be sued by third parties in any manner arising out of this Agreement. 9. OFFICIAL NOTICE All notices required by law and by this Agreement to be given by one (1) party to the others shall be in writing and shall be sent to the following respective addresses: COUNTY:Pinellas County Real Estate Management Department Attn: Andrew W. Pupke, Director 509 East Avenue South Clearwater, FL 33756 Telephone: (727) 464-3237 4 CITY:City of Clearwater Attn: Micah Maxwell, Assistant City Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: (727) 562-4058 PSTA:Pinellas Suncoast Transit Authority Attn: Brad Miller, Chief Executive Officer 3201 Scherer Drive St. Petersburg, FL 33716 10. OWNERSHIP OF PROJECT Upon completion of the STUDY, the City and County will share equally in the ownership of the final report. 11. AUDIT REQUIREMENTS a. All parties’ records shall be open to inspection and subject to examination, audit, and/or reproduction during normal working hours by another party’s agents or authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted pursuant to the execution of this Agreement. These records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement. They shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. b. For the purpose of such audits, inspections, examinations and evaluations, each party’s agent or authorized representative shall have access to said records from the effective date of the Agreement, for the duration of work, and until three (3) years after the date of final payment by the parties pursuant to this Agreement. c. The parties’ agents or authorized representatives shall have access to all facilities and all necessary records in order to conduct audits in compliance with this Section. The parties’ agents or authorized representatives shall give the other party reasonable advance notice of intended inspections, examinations, and/or audits. 12. ASSIGNMENTS a. Neither party shall assign their respective responsibilities pursuant to this Agreement to another party without prior written approval of the other parties. b. No such approval of any assignment shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the County or City in addition to the reimbursement obligation stated in this Agreement. All such assignments shall be subject to the conditions of this Agreement. 5 13. AMENDMENTS No amendments to this Agreement may be made without prior written approval of the parties. 14. GOVERNING LAW The laws of the State of Florida shall govern this Agreement. 15. SEVERABILITY The terms and conditions of the Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect, unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement impossible to perform. 16. ENTIRE AGREEMENT This document embodies the whole agreement of the parties. There are no promises, terms, conditions, or allegations other than those contained herein and this document shall supersede all previous communications, representations, and/or agreement, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing executed by all parties. 17. EFFECTIVE DATE This Agreement shall be effective upon execution by both parties and upon filing of the Agreement with the Pinellas County Clerk of the Circuit Court. THIS SPACE INTENTIONALLY LEFT BLANK 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. ATTEST:Ken Burke PINELLAS COUNTY, FLORIDA Clerk of Circuit Court By and through its Board of County Commissioners By: ___________________________BY: ______________________________________ Print Name: ____________________Print Name: _______________________________ Print Title: _____________________Print Title: ________________________________ (SEAL) ATTEST:City Clerk CITY OF CLEARWATER, FLORIDA By and through its City Council By: ___________________________BY: ______________________________________ Print Name: ____________________Print Name: _______________________________ Print Title: _____________________Print Title: ________________________________ (SEAL) WITNESS:PINELLAS SUNCOAST TRANSIT AUTHORITY By and through its Chief Executive Officer By: ___________________________BY: ______________________________________ Print Name: ____________________Print Name: _______________________________ Print Title: _____________________Print Title: ________________________________ (SEAL) APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: Title:Asst. County Attorney Approved as to Form Pamela K. Akin Clearwater City Attorney August 16, 2018 Andrew W. Pupke Director, Pinellas County Real Estate Management Dept. 509 East Avenue S. Clearwater, FL 33756 Re: Pinellas County/City of Clearwater Joint Use Facility Dear Andrew: Thank you for this opportunity to submit our proposal to provide an update of the feasibility study for a joint-use facility between Pinellas County and the City of Clearwater. The potential joint-use facility is proposed to house the administrative functions of Pinellas County as well as the City of Clearwater. The study will look at 3 potential sites in Downtown Clearwater for the joint-use facility. The program area for the building will be based on information provided by the County and City as follows: • City – 40,500 SF (includes circulation factor) • County – 84,749 SF (includes circulation factor) • Shared Space – 40,500 SF (includes circulation factor) • Total SF – 165,749 SF • Parking Garage (5 spaces/1,000 SF) – 830 spaces Per our discussion, following is the scope of service we anticipate in completing the study: Site Evaluation: • Evaluate the 3 potential sites in Downtown Clearwater for their ability to fit the joint-use facility • Develop a conceptual layout to test fit the program requirements on each site. • Review site infrastructure for the proposed facility • Review zoning codes for each site • Develop advantages and disadvantages for each site • Provide budget estimates for site improvements on each site Project Meetings: • We will provide (2) meetings with the City and County executive staff to review and finalize the report. Andrew Pupke/Pinellas County Joint-Use Facility August 16, 2018 Page 2 of 2 Develop a Final Report/Presentation: • Develop space block diagrams for test fitting on the site options • Develop diagrams for test fitting the space blocks on the 3 sites • Develop potential site access points • Identify the site existing infrastructure for each site • Identify the advantages and disadvantages for each of the 3 sites • Provide a budget estimate for the facility and a budget for each specific site Presentation to County Commission and City Commission: • Present our findings to the Pinellas County Commission and the Clearwater City Council In development of the feasibility study we will be working with Cardno, Inc. for the site evaluation and Construction Consultants & Associates for project budgeting. Williamson Dacar Associates will provide Pinellas County and the City of Clearwater a feasibility study to evaluate moving forward with the project. In addition to our study, I have included an allowance of $1,000 for printing cost and $5,000 for additional services that may be necessary to complete our work. All additional services will be approved by the County prior to the work. In development of the study, Williamson Dacar Associates estimates this work will take approximately 8 weeks once we receive notice to proceed. Our fee for this work is based on the attached fee proposal for architectural fee proposal. Site Planning Williamson Dacar Associates $19,920.00 Cardno, Inc. $17,457.00 Report / Meetings / Presentations Williamson Dacar Associates $14,880.00 Cardno, Inc. $10,002.00 Budget Estimating CC&A $ 3,000.00 Williamson Dacar Associates $ 1,530.00 Cardno, Inc. $ 2,079.00 Printing $ 1,000.00 Additional Services Contingency $ 5,000.00 Total $74,868.00 Our fee would be invoiced on a monthly basis for the work completed during the prior month. Andrew Pupke/Pinellas County Joint-Use Facility August 16, 2018 Page 3 of 2 If the project stops, our office will be reimbursed for our work to date based on our hourly rate. If the scope of work changes we would complete the work on an hourly basis or submit a lump sum fee proposal. Following are our hourly rates: Principal Architects/Engineers $165.00 Registered Architect/Engineer $120.00 Project Manager $100.00 Senior Engineer $100.00 Graduate Architect $ 90.00 Sr. Architectural Drafting $ 70.00 Sr. Engineering Drafting $ 70.00 CADD Drafting $ 60.00 Administration/Clerical Support $ 55.00 Our office looks forward to working with you on this project. Should you have any questions, please give me a call. Cordially, Ted Williamson, AIA, PE, LEED AP Attachments: Cardno, Inc. proposal letter dated 8/13/18 CC&A proposal letter dated 7/17/18 Fee Worksheet WDA Development PROPOSAL FOR ARCHITECTURAL SERVICES Pinellas County/City of Clearwater Joint Use Facility DATE FACILITY/PROJECT PRINCIPAL REGISTERED ARCHITECT / ENGINEER GRAD ARCH CAD DRAFTING CLERICAL GRAND TOTALS Hourly Rates:$165.00 $120.00 $90.00 $70.00 $55.00 1 Initial Planning Meeting 4 4 2 Program Update Meetings 3 Program Development 4 Test Fit on Potential Sites 24 60 60 5 Review of Options 16 16 7 (2) Meetings with City/County Exec. Staff 8 8 6 Final Plan 6 12 16 8 Presentation to Comm./Council 12 12 12 9 Final Report 8 16 8 10 Cost Estimate 6 6 $3,000.00 11 Civil Review of 3 Sites $29,538.00 12 2 2 TOTAL HOURS A (Items 1-11)86 110 26 88 8 318 SUBTOTAL A (Hours x Rate)$14,190.00 $13,200.00 $2,340.00 $6,160.00 $440.00 $36,330.00 13 14 Contingency $5,000.00 EXPENSES $1,000.00 TOTAL (A+B Subtotals + Printing)$74,868.00 13-Aug-18 HOURS G:\DES\DEV\Proposal\2018\Pinellas County\Clwt Joint Due Diligence Sites\WDA_PinCo-ClearwaterDueDiligence.docx August 13, 2018 Mr. Ted Williamson, AIA, PE, LEED AP - President Williamson Dacar Associates 15500 Lightwave Drive, Suite 106 Clearwater FL 33760 RE: Joint Use Facility Feasibility Proposal Three (3) Properties in Downtown Clearwater Clearwater, Pinellas County, Florida Dear Mr. Williamson: As you have requested and as a follow-up to comments received by Pinellas County on August 10, 2018, Cardno will assist and provide Williamson Dacar Associates (WDA) a site civil/planning Feasibility Report for three independent sites located in downtown Clearwater, FL. Our scope is based on assisting WDA evaluate the various site civil related components within the program massing of the property including, but not limited to: Zoning, Land Use, Setbacks, utilities, stormwater, landscape buffers, etc. Cardno will collect data from available web-based resources, coordinate with local planning and engineering staff, and prepare a due diligence feasibility report for each site. Cardno will support WDA in preparing the Massing Conceptual Plans, such as access connections, utility service locations, parking and setbacks for each of the three (3) sites. Based on the massing conceptual plans, Cardno will prepare site civil scoping items for each site to assist WDA Cost Estimator in preparation of a construction cost estimate to the Client. Lastly, Cardno will attend and participate in up to two (2) coordination meetings over the estimated three (3) month project with WDA. In addition to the coordination meetings with WDA, the following four (4) meetings are anticipated: one (1) pre- meeting (s) prior to formal presentation (s) to both Pinellas County BOCC and City of Clearwater City Council, and/or the Stakeholders for each entity. The above scope of services will be performed in accordance with Cardno’s approved hourly rate schedule with the County, on a lump sum basis of $29,538 without further authorization. Any Permit Fees and Expenses will be billed as incurred. Cardno 380 Park Place Blvd Suite 300 Clearwater, FL 33759 USA Phone: +1 727 531 3505 Fax: +1 727 539 1294 www.cardno.com Mr. Ted Williamson Page 2 August 13, 2018 Should this proposal meet with your approval, please note your acceptance by signing in the space provided on the attached Scope of Services and return one executed copy for our files. A separate Terms and Conditions contract will be executed upon approval of above scope and fee. Sincerely, Bryan L. Zarlenga, PE Bryan L. Zarlenga, PE Digitally signed by Bryan L. Zarlenga, PE Date: 2018.08.13 11:59:30 -04'00' Senior Principal - Site Development G:\DES\DEV\Proposal\2018\Pinellas County\Clwt Joint Due Diligence Sites\WDA_PinCo- ClearwaterDueDiligence.docx Accepted by: Title: For: Date: Mr. Ted Williamson G:\DES\DEV\Proposal\2018\Pinellas County\Clwt Joint Due Diligence Sites\WDA_PinCo-ClearwaterDueDiligence.docx Page 3 of 3 July 20, 2018 Pinellas County Rate Schedule CLASSIFICATION RATE PRINCIPAL $290 PROJECT DIRECTOR $205 SENIOR - ENGINEER/ HYDROGEOLOGIST/ECOLOGIST/ARCHITECT $170 PROJECT MANAGER $145 SENIOR PLANNER $155 LANDSCAPE ARCHITECT $125 DEMOGRAPHER/ECONOMIST $170 SENIOR GIS SPECIALIST $145 ENGINEER INTERN $105 BROWNFIELDS MANAGER $145 DESIGNER $104 PLANNER $110 SENIOR ENVIRONMENTAL TECHNICIAN $110 GIS SPECIALIST $95 ENVIRONMENTAL SCIENTIST/GEOLOGIST $85 FIELD TECHNICIAN $80 CLERICAL $70 For Expert Witness Testimony and related services, a surcharge of 50 percent will apply. Effective Period: thru December 31, 2018 Rates are subject to adjustment as appropriate to compensate for inflation, cost of doing business and/or changes in the workforce PINELLAS COUNTY-CITY OF CLEARWATER JOINT FACILITY FEASIBILITY ESTIMATED MANHOUR FEE SCHEDULE (REVISED DATE 08-13-18) PHASE DESCRIPTION $290.00 $145.00 $170.00 $155.00 $104.00 $70.00 Hrs.Hrs.Hrs.Hrs.Hrs.Hrs. I BASIC SERVICES KICKOFF MEETING 2 1 3 $650 SITE VISIT (S) - (3 SITES @ 3 HOURS EA)9 9 1 19 $2,536 REVIEW PREVIOUS REPORTS/INFORMATION 3 3 1 7 $970 SUB-TOTAL $4,156 II SITE FEASIBILITY STUDY SITE FEASIBILITY STUDY (3 SITES)6 9 12 18 12 1 58 $9,193 ASSIST WDA ON CONCEPT MASSING PLAN (3)3 3 6 3 12 1 28 $4,108 ASSIST WDA ON COST ESTIMATING SCOPE (3)3 6 6 15 $2,079 SUB-TOTAL $15,380 III MEETINGS AND COORDINATION BI-MONTHLY MEETINGS WITH WDA/CLIENT (2)4 8 4 1 17 $3,010 ONE (1) MEETING WITH COUNTY EXECUTIVIES PRIOR TO PRESENTATION - PREPARE & ATTEND 1 6 2 2 1 12 $1,748 PRESENTATION TO COUNTY (1) - PREPARE & ATTEND 1 6 2 2 1 12 $1,748 ONE (1) MEETING WITH CITY EXECUTIVIES PRIOR TO PRESENTATION - PREPARE & ATTEND 1 6 2 2 1 12 $1,748 PRESENTATION TO CITY (1) - PREPARE & ATTEND 1 6 2 2 1 12 $1,748 SUB-TOTAL $10,002 TOTAL FEE $29,538 NOTES: 1. Meetings above include time from Staff to prepare documentation and material for presentation. Only the PM would attend the meetings. Total Cost ($)Total Hours Principal DesignerProject Manager Administrative Assistant Senior Project Engineer Senior Planner Page 1 of 2 CC&A Construction Consultants & Associates, Inc. PO Box 2086 • Riverview, Florida 33568 • 813-610-4232 July 17, 2018 Mr. Ted Williamson Williamson Dacar Associates 15500 Lightwave Dr. Suite 106 Clearwater, Florida 33760 Re: Pinellas Co/City of Clearwater Joint Use Facility Pinellas Co., Florida Dear Ted: C C & A Construction Consultants & Associates, Inc. is pleased to have this opportunity to present this proposal to provide the following construction cost estimates for the above mentioned project. The scope of work shall include budgeting for three different sites. Feasibility Study Construction Cost Budget approx. 24hrs $3,000.00 Total Fee $3,000.00 We welcome this opportunity to work with you and your team of Professionals on this project. If you have any questions in regard to this proposal please call me at your convenience. Sincerely, C C & A Construction Consultants & Associates, Inc. Robert A. Kaupp, LEED AP President Williamson Dacar Associates Approved: ____________ Dated: _________________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-09018 Agenda Date: 11/15/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 505 and 806 Moss Avenue and 3059 Grand View Avenue and pass Ordinances 9207-18, 9208-18, and 9209-18 on first reading. (ANX2018-09018) SUMMARY: These voluntary annexation petitions involve 0.630 acres of property consisting of three parcels of land occupied by single family homes. The parcels are located generally north of Drew Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are requesting annexation in order to receive sanitary sewer service from the City and will be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project. 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 be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants have paid the sewer impact fees in full and are currently awaiting connection to the sewer system. 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 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 11/14/2018 File Number: ANX2018-09018 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 to be assigned to all properties is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to all 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 annexations are 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 annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/14/2018 Ordinance No. 9207-18 ORDINANCE NO. 9207-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESSES ARE 505 AND 806 MOSS AVENUE AND 3059 GRAND VIEW AVENUE, ALL IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties 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. (ANX2018-07018) 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. 9207-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐09018 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue 2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 D G B AH O J I 234 5123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE TERRACE VIEW LN 601 511510 600 7 1 2 800 602 8 0 1 708 801 807 3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505 8 0 6 8 0 0 701 3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018 PROPOSED ANNEXATION Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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) Ordinance No. 9208-18 ORDINANCE NO. 9208-18 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 ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 505 AND 806 MOSS AVENUE AND 3059 GRAND VIEW AVENUE, ALL IN 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) (ANX2018-07018) 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. 9207-18. Ordinance No. 9208-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐09018 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue 2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 D G B AH O J I 234 5123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE TERRACE VIEW LN RL RL RL RL RL RL RL RL R/OS RL RL CG 601 511510 600 8 0 0 7 1 2 800 602 708 801 701 30693064305830193010303430033059306530533041301330803012304730403064307630253001307130193053304730713071300030133035306530593077300730353058302330413070305230243058300630773081301830403046304730633076305230703040306430463075305730763074305330473065307030263035305230073077300630403025301230463030505 8 0 6 8 0 1 807 3001305930413304130304630533031-Not to Scale--Not a Survey-Rev. 9/14/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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) Ordinance No. 9209-18 ORDINANCE NO. 9209 -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 ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 505 AND 806 MOSS AVENUE AND 3059 GRAND VIEW AVENUE, 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. 9207-18. Property Zoning District See attached Exhibit A for legal descriptions; Low Medium Density Residential (LMDR) (ANX2018-07018) Ordinance No. 9209-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐09018 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue 2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 D G B AH O J I 234 5123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE TERRACE VIEW LN LMDR OS/R C 601 511510 600 7 1 2 800 602 8 0 1 708 801 807 3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505 8 0 6 8 0 0 701 3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018 PROPOSED ZONING MAP Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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 MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE CHAMBLEE LN MADERA AVE GRAND VIEW AVE BORDEAUX LN WOLFE RD LAKE VISTA DR THOMAS RD SAN MATEO ST CALAIS LN SAN PEDRO ST TERRACE VIEW LN SAN BERNADINO ST SAN MATEO ST ^-Not to Scale--Not a Survey-Rev. 9/14/2018 ^ ^ LOCATION MAP Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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 MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Rev. 9/14/2018 AERIAL PHOTOGRAPH Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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) LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 D G B AH O J I 234 5123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE TERRACE VIEW LN 601 511510 600 7 1 2 800 602 8 0 1 708 801 807 3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505 8 0 6 8 0 0 701 3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018 EXISTING SURROUNDING USES MAP Owner(s): Cynthia Howard Jeffrey G. Barrett & Richard L. Zacchigna Anthony Masselli Case: ANX2018-09018 Site: 3059 Grand View Avenue 806 Moss Avenue 505 Moss Avenue Property Size(Acres): ROW (Acres): 0.630 Land Use Zoning PIN: 09-29-16-45126-001-0050 09-29-16-45126-007-0050 09-29-16-45144-009-0100 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) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2018-09018 Anthony Masselli 505 Moss Avenue View looking east at subject property, 505 Moss Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Moss Avenue View looking southerly along Moss Avenue ANX2018-09018 Jeffrey G. Barett, Richard L. Zacchigna 806 Moss Avenue View looking west at subject property, 806 Moss Avenue. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Moss Avenue View looking southerly along Moss Avenue ANX2018-09018 Cynthia Howard 3059 Grand View Avenue View looking south at subject property, 3059 Grand View Avenue. West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-09017 Agenda Date: 11/15/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: WITHDRAWN: 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 2101 North Hercules Avenue, together with abutting right-of-way of North Hercules Avenue and pass Ordinances 9204-18, 9205-18, and 9206-18 on first reading. (ANX2018-09017) SUMMARY: This voluntary annexation petition involves 0.181 acres of property occupied by a single-family dwelling. The parcel is located on the southeast corner of North Hercules Avenue and Lake Citrus Drive. The applicant is requesting annexation in order to receive solid waste and sanitary sewer service from the City. The property is located within an enclave and is contiguous to existing city limits to the south. The Development Review Committee is also proposing that the 0.125 acres of abutting North Hercules Avenue not currently within the City also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (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 Pinellas County. The closest sanitary sewer line is located in the adjacent Lake Citrus Drive right-of-way. The applicant has not paid the sewer impact and assessment fees but is aware that they must be paid in full prior to connection and of the additional costs to extend to the City sewer system. Collection of solid waste will be provided to the property 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 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 objective 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 Page 1 City of Clearwater Printed on 11/14/2018 File Number: ANX2018-09017 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 to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The property exceeds the District’s minimum dimensional requirements, but the applicant is currently operating a real estate office out of the house in a manner that is inconsistent with Pinellas County’s home occupation regulations. While home occupations are allowed in residential districts in both the County and the City, each jurisdiction has established similar development standards to preserve the residential nature of a property. The applicant is aware that upon annexation the use of the property must comply with the City’s Community Development Code, including the home occupation standards contained in Section 3-1102. 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 to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/14/2018 Ordinance No. 9204-18 ORDINANCE NO. 9204-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH HERCULES AVENUE AND LAKE CITRUS DRIVE WHOSE POST OFFICE ADDRESS IS 2101 NORTH HERCULES AVENUE, CLEARWATER, FLORIDA 33763, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH HERCULES AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 1 and the West 5 feet of Lot 2, Block 4, LAKE CITRUS ESTATES, according to that certain plat as recorded in Plat Book 33, Page 85, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Hercules Avenue. (ANX2018-07017) The map attached as Exhibit A 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, Ordinance No. 9204-18 within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 93627 32 33 34 35 36 37 38 39 15 14 13 12 11 10 9 8 7 6 5 16 17 18 19 31 30 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 64 65 66 63 62 61 3 4 3 4 59 60 61 62 63 12 13 14 28 27 26 12 13 14 28 27 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 34/03 34/04 2.48 3.23 AC(C) AC(C) 1 UNION ST N HERCULES AVE LAKE CITRUS DR HEALY DR 2015207619862124 2026 201319902072 201219922065 20922124 1994207020052020 2023200420272062 20302125 2128 2066 2122 20172110 2129 20162064 2069 2 0 7 5 2109 2117 202020172125 2079 198820192129 20052 0 8 2 2076 2090 200820052074 2077 2068 2084 20882073 2076 20772074 2071200819842128 2078 2080 208020842059 2075 2086 206320091991 2075 2078 2067 2080 2101 19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018 PROPOSED ANNEXATION Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9205-18 ORDINANCE NO. 9205-18 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 SOUTHEAST CORNER OF NORTH HERCULES AVENUE AND LAKE CITRUS DRIVE, WHOSE POST OFFICE ADDRESS IS 2101 NORTH HERCULES AVENUE, CLEARWATER, FLORIDA 33763, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1 and the West 5 feet of Lot 2, Block 4, LAKE CITRUS ESTATES, according to that certain plat as recorded in Plat Book 33, Page 85, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2018-07017) The map attached as Exhibit 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. 9204-18. Ordinance No. 9205-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 93627 32 33 34 35 36 37 38 39 15 14 13 12 11 10 9 8 7 6 5 4 16 17 18 19 31 30 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 64 65 66 63 62 61 3 4 3 4 59 60 61 62 63 12 13 14 28 27 26 12 13 14 28 27 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 34/03 34/04 2.48 3.23 AC(C) AC(C) 1 UNION ST N HERCULES AVE LAKE CITRUS DR HEALY DR I RL RU RL RL RU RLRL RLM P RLM 2015207619862124 2026 20132072 20122065 20922124 1994207020052020 202320042062 20302059 2066 2122 20172110 20162064 2069 2 0 7 5 2109 2117 202020172125 1988201920052 0 8 2 2076 2090 2008199020052074 2077 2068 2084 20882073 2076 1992206120772074 2071200819842027 2078 2080 208020842075 2086 2125 2063 2128 2060 200919912129 2075 2078 2079 2067 2080 2101 2129 19892082 -Not to Scale--Not a Survey-Rev. 9/13/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9206-18 ORDINANCE NO. 9206 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH HERCULES AVENUE AND LAKE CITRUS DRIVE, WHOSE POST OFFICE ADDRESS IS 2101 NORTH HERCULES AVENUE, CLEARWATER, FLORIDA 33763, 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. 9204-18. Property Zoning District Lot 1 and the West 5 feet of Lot 2, Block 4, LAKE CITRUS ESTATES, according to that certain plat as recorded in Plat Book 33, Page 85, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-07017) Ordinance No. 9206-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 93627 32 33 34 35 36 37 38 39 15 14 13 12 11 10 9 8 7 6 5 4 16 17 18 19 31 30 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 64 65 66 63 62 61 3 4 3 4 59 60 61 62 63 12 13 14 28 27 26 12 13 14 28 27 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 34/03 34/04 2.48 3.23 AC(C) AC(C) 1 UNION ST N HERCULES AVE LAKE CITRUS DR HEALY DR I MDR LMDR 201520762124 2026 20132072 201219922065 20922124 19942070198420052020 2023200420272062 20302059 2125 2066 2122 20172110 20162064 2069 2 0 7 5 2109 2117 202020172125 2079 201920052 0 8 21986 2076 2090 2008199020052074 2077 2068 2084 20882073 2076 206120772074 20712008 2078 2080 208020842075 2086 2063 2128 2060 200919912129 2075 2078 19882067 2080 2101 2129 19892082 -Not to Scale--Not a Survey-Rev. 9/13/2018 PROPOSED ZONING MAP Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) ALLARD DR UNION ST N HERCULES AVE BEECHER RD ASHLAND DR ALTON DR CAPRI DR RIVIERA DR CATALINA DR NLAKE CITRUS DR ALICIA DR HEALY DR CHARTER OAKS DR LOS LOMAS DR SANTIAGO WAY NLOMA LINDA WAY NSAN MARINO WAY NSAN SABASTIAN WAY NEL DORADO CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 9/12/2018 LOCATION MAP Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) N HERCULES AVE N HERCULES AVE UNION ST UNION ST HEALY DR HEALY DR LAKE CITRUS DR LAKE CITRUS DR MADRID CT NMADRID CT NSANTIAGO WAY NSANTIAGO WAY NBUTTERNUT CIR WBUTTERNUT CIR WCATALINA DR NCATALINA DR NRIVIERA DR RIVIERA DR BUTTERNUT CIR EBUTTERNUT CIR E-Not to Scale--Not a Survey-Rev. 9/14/2018 AERIAL PHOTOGRAPH Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) 93627 32 33 34 35 36 37 38 39 15 14 13 12 11 10 9 8 7 6 5 16 17 18 19 31 30 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 64 65 66 63 62 61 3 4 3 4 59 60 61 62 63 12 13 14 28 27 26 12 13 14 28 27 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 34/03 34/04 2.48 3.23 AC(C) AC(C) 1 UNION ST N HERCULES AVE LAKE CITRUS DR HEALY DR 2015207619862124 2026 201319902072 201219922065 20922124 1994207020052020 2023200420272062 20302125 2128 2066 2122 20172110 2129 20162064 2069 2 0 7 5 2109 2117 202020172125 2079 198820192129 20052 0 8 2 2076 2090 200820052074 2077 2068 2084 20882073 2076 20772074 2071200819842128 2078 2080 208020842059 2075 2086 206320091991 2075 2078 2067 2080 2101 19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018 EXISTING SURROUNDING USES MAP Owner(s): Robert & Debra Bonomo Case: ANX2018-09017 Site: 2101 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.181 0.125 Land Use Zoning PIN: 36-28-15-47700-004-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242B To: Residential Low (RL) Low Medium Density Residential (LMDR) Church Single Family Residential Single Family Residential ANX2018-09017 Robert & Debra Bonomo 2101 North Hercules Avenue View looking east at subject property, 2101 North Hercules Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9170-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9170-18 on second reading, annexing certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within 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 11/14/2018 Ordinance No. 9170-18 ORDINANCE NO. 9170-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY 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 3030 LAKE VISTA DRIVE, 3059 MERRILL AVENUE, 3047 GRAND VIEW AVENUE, 3060 GLEN OAK AVENUE NORTH, AND 3041 TERRACE VIEW LANE, ALL WITHIN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the maps attached hereto as Exhibits B and C have petitioned the City of Clearwater to annex the properties 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. (ANX2018-06007, ANX2018-07009) The maps attached as Exhibits B and C are 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, Ordinance No. 9170-18 within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐06007 & ANX2018‐07009 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0070 Lot 7, Block A 3047 Grand View Avenue 2. 09-29-16-45126-002-0090 Lot 9, Block B 3041 Terrace View Lane 3. 09-29-16-45126-003-0150 Lot 15 and the Westerly 35 feet of Lot 14, Block C 3060 Glen Oak Avenue N 4. 09-29-16-45126-005-0100 Lot 10, Block E 3030 Lake Vista Drive The above in KAPOK TERRACE subdivision, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 5. 09-29-16-45144-009-0050 Lot 5, Block I 3059 Merrill Avenue The above in KAPOK TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 678910 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 2 1516 17 18 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 7 1 2 800 601 923 918 906 8 0 1 809 801 815 511 707 924 907 900 911 807 510 600 3108300130032998311130133012302530013000302330243006301830003026305230063012916914912910908 904 901 8 0 0 808 501 421 911 602 915 917 607 7 0 8 701 30693064303530583019301030613034305933065305330413042308030363012305930473040306430763021330713330473301930533041304730713071303130133055303530413006306530593049307730293114300730353041305830413041307033113310730483052305830203077308130403104304630473024306330303076305230703040306430463075310930573076302530743053304730653046307030533303531003007307730403031302523102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 GLEN OAK AVE N PROPOSED ANNEXATION Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit C 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C)MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 808 7 1 2 800 911 923 918 906 917 8 0 1 70 8 809 801 815 707 924 907 900 911 807 306930353019306130303013308030593012301230213024305030363047301930713013303530653049307730413023304830203081308330373024303030573025307430263044916914912 910 908 904 901 8 0 0 602 915 607 701 3010303430613041304230673036301230403076307230603053304130473006307330313055300630293114305830413070304031133107305230433025304930473063306430463075305530533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 7/19/2018 PROPOSED ANNEXATION Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST SAN BERNADINO ST TERRACE VIEW LN LAKE VISTA DR ^-Not to Scale--Not a Survey-Rev. 6/11/2018 ^ ^GLEN OAK AVE E LOCATION MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD -Not to Scale--Not a Survey-Rev. 6/11/2018 GLEN OAK AVE NGLEN OAK AVE N AERIAL PHOTOGRAPH Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 234567 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 2 3 11516 17 18 1 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C)MOSS AVE GLEN OAK AVE N MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 71 2 800 601 923 918 906 8 0 1 809 801 815 511 707 924 907 900 911 807 510 600 3108300130032998311130133012302530013000302330243006301830003026305230063012916914912910908 904 901 8 0 0 808 501 421 911 602 915 917 607 70 8 701 3069306430353058301930103061303430593306530533041304230803036301230593047304030643076302130713330473301930533041304730713071303130133055303530413006306530593049307730293114300730353041305830413041307033113310730483052305830203077308130403104304630473024306330303076305230703040306430463075310930573076302530743053304730653046307030533303531003007307730403031302523102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 EXISTING SURROUNDING USES MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 3030 Lake Vista Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-06007 Travis N. Tune, Jason L. Woodrum 3030 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking south at the subject property 3041 Terrace View Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Guadalupe Diaz, Cirila Diaz 3041 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking south at the subject property 3059 Merrill Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Nicole H. Willmore 3059 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN MONTEREY AVE HOYT AVE SAN JOSE ST GRAND VIEW AVE SAN PEDRO ST BORDEAUX LN WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST CALAIS LN TERRACE VIEW LN ABBEY CT SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/18/2018 LOCATION MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD 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 ESAN MATEO ST SAN MATEO ST KAPOK KOVE DR KAPOK KOVE DR -Not to Scale--Not a Survey-Rev. 7/17/2018 AERIAL PHOTOGRAPH Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C)MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 808 7 1 2 800 911 923 918 906 917 8 0 1 70 8 809 801 815 707 924 907 900 911 807 306930353019306130303013308030593012301230213024305030363047301930713013303530653049307730413023304830203081308330373024303030573025307430263044916914912 910 908 904 901 8 0 0 602 915 607 701 3010303430613041304230673036301230403076307230603053304130473006307330313055300630293114305830413070304031133107305230433025304930473063306430463075305530533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 7/19/2018 EXISTING SURROUNDING USES MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Single Family Residential View looking south at the subject property 3047 Grand View Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-07009 Sarah E. Lynch 3047 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property 3060 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07009 Kevin Bruce Elmore & Cheryl Elmore 3060 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9171-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9171-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within 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 11/14/2018 Ordinance No. 9171-18 ORDINANCE NO. 9171-18 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 3030 LAKE VISTA DRIVE, 3059 MERRILL AVENUE, 3047 GRAND VIEW AVENUE, 3060 GLEN OAK AVENUE NORTH, AND 3041 TERRACE VIEW LANE, 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 categories 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) (ANX2018-06007, ANX2018-07009) The maps attached as Exhibits B and C are 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. 9170-18. Ordinance No. 9171-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐06007 & ANX2018‐07009 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0070 Lot 7, Block A 3047 Grand View Avenue 2. 09-29-16-45126-002-0090 Lot 9, Block B 3041 Terrace View Lane 3. 09-29-16-45126-003-0150 Lot 15 and the Westerly 35 feet of Lot 14, Block C 3060 Glen Oak Avenue N 4. 09-29-16-45126-005-0100 Lot 10, Block E 3030 Lake Vista Drive The above in KAPOK TERRACE subdivision, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 5. 09-29-16-45144-009-0050 Lot 5, Block I 3059 Merrill Avenue The above in KAPOK TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 678910 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 2 3 11516 17 18 1 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE ERL RL RL RLRL RL RL RL RL CG P R/OS R/OS CGRU RU R/OS RU RH R/OS RL RL RU RU WATER RL WATER P 932 920 8 0 6 7 1 2 800 601 918 809 801 815 511 707 924 907 900 911 807 510 600 310830032998311130253001300030233024300630183000302630063012916914912910908906904 901 8 0 0 808 501 421 911 923 602 906 915 917 8 0 1 607 70 8 701 306930643035300130583019301030613034305933065305330413013304230803036301230593047304030123064307630213307133304733019305330413047307130713031301330553035304130063065305930493077302931143007303530413058304130413070331133107304830523058302030773081304031043046304730243063303030763052307030403064304630753109305730763025307430533047306530463070305333035310030523007307730403031302523102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 GLEN OAK AVE N PROPOSED FUTURE LAND USE MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit C 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C) RL RL RL RL RL RL CG RL CG RL RL RH RH RU RU WATER MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 906 8 0 6 808 7 1 2 800 911 923 918 906 917 8 0 1 708 809 801 815 924 907 900 807 3069303530193061303030133080305930123012302130503036304730193071303530653049307730413023304830203081308330373024303030573025307430263044920 916914912 910908 904 901 8 0 0 602 915 607 701 707 911 301030343061304130423067303630123040307630243072306030533041304730063073303130133055300630293114305830413070304031133107305230433025304930473063306430463075305530533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 7/17/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST SAN BERNADINO ST TERRACE VIEW LN LAKE VISTA DR ^-Not to Scale--Not a Survey-Rev. 6/11/2018 ^ ^GLEN OAK AVE E LOCATION MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD -Not to Scale--Not a Survey-Rev. 6/11/2018 GLEN OAK AVE NGLEN OAK AVE N AERIAL PHOTOGRAPH Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 234567 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 2 3 11516 17 18 1 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C)MOSS AVE GLEN OAK AVE N MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 71 2 800 601 923 918 906 8 0 1 809 801 815 511 707 924 907 900 911 807 510 600 3108300130032998311130133012302530013000302330243006301830003026305230063012916914912910908 904 901 8 0 0 808 501 421 911 602 915 917 607 70 8 701 3069306430353058301930103061303430593306530533041304230803036301230593047304030643076302130713330473301930533041304730713071303130133055303530413006306530593049307730293114300730353041305830413041307033113310730483052305830203077308130403104304630473024306330303076305230703040306430463075310930573076302530743053304730653046307030533303531003007307730403031302523102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 EXISTING SURROUNDING USES MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 3030 Lake Vista Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-06007 Travis N. Tune, Jason L. Woodrum 3030 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking south at the subject property 3041 Terrace View Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Guadalupe Diaz, Cirila Diaz 3041 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking south at the subject property 3059 Merrill Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Nicole H. Willmore 3059 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN MONTEREY AVE HOYT AVE SAN JOSE ST GRAND VIEW AVE SAN PEDRO ST BORDEAUX LN WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST CALAIS LN TERRACE VIEW LN ABBEY CT SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/18/2018 LOCATION MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD 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 ESAN MATEO ST SAN MATEO ST KAPOK KOVE DR KAPOK KOVE DR -Not to Scale--Not a Survey-Rev. 7/17/2018 AERIAL PHOTOGRAPH Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C)MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 808 7 1 2 800 911 923 918 906 917 8 0 1 70 8 809 801 815 707 924 907 900 911 807 306930353019306130303013308030593012301230213024305030363047301930713013303530653049307730413023304830203081308330373024303030573025307430263044916914912 910 908 904 901 8 0 0 602 915 607 701 3010303430613041304230673036301230403076307230603053304130473006307330313055300630293114305830413070304031133107305230433025304930473063306430463075305530533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 7/19/2018 EXISTING SURROUNDING USES MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Single Family Residential View looking south at the subject property 3047 Grand View Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-07009 Sarah E. Lynch 3047 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property 3060 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07009 Kevin Bruce Elmore & Cheryl Elmore 3060 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9172-18 Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9172-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within 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 11/14/2018 Ordinance No. 9172-18 ORDINANCE NO. 9172-18 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 3030 LAKE VISTA DRIVE, 3059 MERRILL AVENUE, 3047 GRAND VIEW AVENUE, 3060 GLEN OAK AVENUE NORTH, AND 3041 TERRACE VIEW LANE, 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 maps attached as Exhibits B and C are 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. 9170-18. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2018-06007, ANX2018-07009) Ordinance No. 9172-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐06007 & ANX2018‐07009 ========================================================================================= No. Parcel ID Legal Description Address 1. 09-29-16-45126-001-0070 Lot 7, Block A 3047 Grand View Avenue 2. 09-29-16-45126-002-0090 Lot 9, Block B 3041 Terrace View Lane 3. 09-29-16-45126-003-0150 Lot 15 and the Westerly 35 feet of Lot 14, Block C 3060 Glen Oak Avenue N 4. 09-29-16-45126-005-0100 Lot 10, Block E 3030 Lake Vista Drive The above in KAPOK TERRACE subdivision, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 5. 09-29-16-45144-009-0050 Lot 5, Block I 3059 Merrill Avenue The above in KAPOK TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 910111213 234567 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 2 3 11516 17 18 1 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C) GLEN OAK AVE N MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE ELMDR C OS/R P OS/R OS/R HDR 932 920 906 8 0 6 71 2 800 601 923 918 906 8 0 1 809 801 815 511 707 924 907 900 911 807 510 600 310830013003299831113013301230253001300030233024300630183000302630523012LDR 916914912910908 904 901 8 0 0 808 501 421 911 602 915 917 607 70 8 701 3069306430353058301930103061303430593065305330413042308030363012305930473040306430763021307133047330193053304130473071307130313013305530353041300630653059304930773029311430073035304130583041304130703311331073048305230583020307730813040310430463047302430633030307630523070304030643046307531093057307630253074305330473065304630703053303531003007307730063040303130253102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 PROPOSED ZONING MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit C 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C)MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EC LMDR HDR 932 920 914 906 904 8 0 6 901 8 0 0 808 71 2 800 911 923 918 602 906 915 917 8 0 1 607 708 809 801 815 701 707 924 907 900 807 3069303530193010306130343030306130413013304230803067303630123059301230403012307630213024307230503036304730193053304130713073303130133055303530653049307730293114304130583023304130703040311331073048305230203081302530833037304930473024306330303064304630753055305730253074302630443035304030183046916 912 910 908 911 306030473006300630433053300730793085-Not to Scale--Not a Survey-Rev. 7/17/2018 PROPOSED ZONING MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST SAN BERNADINO ST TERRACE VIEW LN LAKE VISTA DR ^-Not to Scale--Not a Survey-Rev. 6/11/2018 ^ ^GLEN OAK AVE E LOCATION MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD -Not to Scale--Not a Survey-Rev. 6/11/2018 GLEN OAK AVE NGLEN OAK AVE N AERIAL PHOTOGRAPH Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 207.5 190.5 190.5 207.5 60 60 60 606040 202 198 20060 6060606088245 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 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 234567 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 2 3 11516 17 18 1 33132 33 34 3 A B C (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C AC(C) AC(C)MOSS AVE GLEN OAK AVE N MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 71 2 800 601 923 918 906 8 0 1 809 801 815 511 707 924 907 900 911 807 510 600 3108300130032998311130133012302530013000302330243006301830003026305230063012916914912910908 904 901 8 0 0 808 501 421 911 602 915 917 607 70 8 701 3069306430353058301930103061303430593306530533041304230803036301230593047304030643076302130713330473301930533041304730713071303130133055303530413006306530593049307730293114300730353041305830413041307033113310730483052305830203077308130403104304630473024306330303076305230703040306430463075310930573076302530743053304730653046307030533303531003007307730403031302523102304630343030-Not to Scale--Not a Survey-Rev. 6/12/2018 EXISTING SURROUNDING USES MAP Owner(s): Guadalupe Diaz & Cirlia Diaz Travis N. Tune & Jason L. Woodrum Nicole H. Willmore Case: ANX2018-06007 Site: 3041 Terrace View Lane 3030 Lake Vista Drive 3059 Merrill Avenue Property Size(Acres): ROW (Acres): 0.549 Land Use Zoning PIN: 09-29-16-45126-002-0090 09-29-16-45126-005-0100 09-29-16-45144-009-0050 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 3030 Lake Vista Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-06007 Travis N. Tune, Jason L. Woodrum 3030 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking south at the subject property 3041 Terrace View Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Guadalupe Diaz, Cirila Diaz 3041 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking south at the subject property 3059 Merrill Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-06007 Nicole H. Willmore 3059 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN MONTEREY AVE HOYT AVE SAN JOSE ST GRAND VIEW AVE SAN PEDRO ST BORDEAUX LN WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST CALAIS LN TERRACE VIEW LN ABBEY CT SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/18/2018 LOCATION MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD 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 ESAN MATEO ST SAN MATEO ST KAPOK KOVE DR KAPOK KOVE DR -Not to Scale--Not a Survey-Rev. 7/17/2018 AERIAL PHOTOGRAPH Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE 60606060 60 207.5 190.5 190.5 207.5 207.5 60 60202 19860 606045126 C E C D G B AH 234 5 6 7 8 9 10 11 121314151617181920212223 1 2 3 4 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 3 4 5 6 7 8 91011 2345 678910 11 12 13 14 15 16 17 18 23456789 11516 17 18 1 33132 33 34 3 53 1 2 3 4 32/01 31/01 5 1.57 AC(C) AC(C)MOSS AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 808 7 1 2 800 911 923 918 906 917 8 0 1 70 8 809 801 815 707 924 907 900 911 807 306930353019306130303013308030593012301230213024305030363047301930713013303530653049307730413023304830203081308330373024303030573025307430263044916914912 910 908 904 901 8 0 0 602 915 607 701 3010303430613041304230673036301230403076307230603053304130473006307330313055300630293114305830413070304031133107305230433025304930473063306430463075305530533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 7/19/2018 EXISTING SURROUNDING USES MAP Owner(s): Sarah E. Lynch Kevin Bruce Elmore & Cheryl Elmore Case: ANX2018-07009 Site: 3047 Grand View Avenue 3060 Glen Oak Avenue N Property Size(Acres): ROW (Acres): 0.518 Land Use Zoning PIN: 09-29-16-45126-001-0070 09-29-16-45126-003-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Single Family Residential View looking south at the subject property 3047 Grand View Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-07009 Sarah E. Lynch 3047 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property 3060 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07009 Kevin Bruce Elmore & Cheryl Elmore 3060 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9173-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9173-18 on second reading, annexing certain real property whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9173-18 ORDINANCE NO. 9173-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MORNINGSIDE DRIVE APPROXIMATELY 60 FEET WEST OF CARDINAL DRIVE, WHOSE POST OFFICE ADDRESS IS 2643 MORNINGSIDE DRIVE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 17, Block A, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida. (ANX2018-06008) The map attached as Exhibit A 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. 9173-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C)OWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1774 1771 1812 177826501807 1831 1815 17852660 177526311812 1819 1813 1825 1821 1773 1806 1818 2671177926781801 2689263718071807 1831 26721772 266526841804 1766 1819 1831 1830 1818 26661824 1806 26721767 1770 26491767 1812 26831778 1800 1778 17732654267726251800264826431830 1824 1762 1824 1766 1818 1806 1824 1758 1812 1830 1806 -Not to Scale--Not a Survey-Rev. 6/7/2018 PROPOSED ANNEXATION Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) View looking south at the subject property, 2643 Morningside Drive East of the subject property West of the subject property ANX2018-06008 Wise Home Solutions, LLC 2643 Morningside Drive Across the street, to the north of the subject property View looking easterly along Morningside Drive View looking westerly along Morningside Drive US-19 NSR 590 EVANS DR OWEN DR LUCAS DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDAUDREY DR MORNINGSIDE DR CARDINAL DR MARILYN DR SKYLAND DR CARLTON DR N TERRACE DRN TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/7/2018 LOCATION MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR AUDREY DR AUDREY DR N TERRACE DR N TERRACE DR CARLTON DR CARLTON DR CARDINAL DR CARDINAL DR AUDREY DR AUDREY DR OWEN DR OWEN DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 6/7/2018 AERIAL PHOTOGRAPH Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C)OWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1774 1771 1812 177826501807 1831 1815 17852660 177526311812 1819 1813 1825 1821 1773 1806 1818 2671177926781801 2689263718071807 1831 26721772 266526841804 1766 1819 1831 1830 1818 26661824 1806 26721767 1770 26491767 1812 26831778 1800 1778 17732654267726251800264826431830 1824 1762 1824 1766 1818 1806 1824 1758 1812 1830 1806 -Not to Scale--Not a Survey-Rev. 6/7/2018 EXISTING SURRANDING USES MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 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 Vehicle Sales Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9174-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9174-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2643 Morningside Drive, 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 11/14/2018 Ordinance No. 9174-18 ORDINANCE NO. 9174-18 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 SOUTH SIDE OF MORNINGSIDE DRIVE APPROXIMATELY 60 FEET WEST OF CARDINAL DRIVE, WHOSE POST OFFICE ADDRESS IS 2643 MORNINGSIDE DRIVE, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 17, Block A, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2018-06008) The map attached as Exhibit 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. 9173-18. Ordinance No. 9174-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C) RL RLRLRL RL R/O/R RU RL RL RU US 19-NC POWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1824 1771 1812 1762 1824 177826501807 1831 1766 17852660 177526311812 1819 1813 1825 1821 1806 1818 2671177926781818 1801 1806 268926371807 1807 1831 2672266526841804 1766 1824 1819 1831 1830 1818 26661824 1758 1806 26721767 1770 26491767 1812 1812 26831778 1800 1778 1773 1806 2654267726251800 264826431830 1774 1815 1773 1772 1830 -Not to Scale--Not a Survey-Rev. 6/7/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) View looking south at the subject property, 2643 Morningside Drive East of the subject property West of the subject property ANX2018-06008 Wise Home Solutions, LLC 2643 Morningside Drive Across the street, to the north of the subject property View looking easterly along Morningside Drive View looking westerly along Morningside Drive US-19 NSR 590 EVANS DR OWEN DR LUCAS DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDAUDREY DR MORNINGSIDE DR CARDINAL DR MARILYN DR SKYLAND DR CARLTON DR N TERRACE DRN TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/7/2018 LOCATION MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR AUDREY DR AUDREY DR N TERRACE DR N TERRACE DR CARLTON DR CARLTON DR CARDINAL DR CARDINAL DR AUDREY DR AUDREY DR OWEN DR OWEN DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 6/7/2018 AERIAL PHOTOGRAPH Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C)OWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1774 1771 1812 177826501807 1831 1815 17852660 177526311812 1819 1813 1825 1821 1773 1806 1818 2671177926781801 2689263718071807 1831 26721772 266526841804 1766 1819 1831 1830 1818 26661824 1806 26721767 1770 26491767 1812 26831778 1800 1778 17732654267726251800264826431830 1824 1762 1824 1766 1818 1806 1824 1758 1812 1830 1806 -Not to Scale--Not a Survey-Rev. 6/7/2018 EXISTING SURRANDING USES MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 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 Vehicle Sales Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9175-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9175-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2643 Morningside Drive, 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 11/14/2018 Ordinance No. 9175-18 ORDINANCE NO. 9175 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MORNINGSIDE DRIVE APPROXIMATELY 60 FEET WEST OF CARDINAL DRIVE, WHOSE POST OFFICE ADDRESS IS 2643 MORNINGSIDE DRIVE, 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. 9173-18. Property Zoning District Lot 17, Block A, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2018-06008) Ordinance No. 9175-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C)OWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR LMDR US 19 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1771 1812 177826501807 1831 1815 17852660 177526311812 1819 1813 1825 1821 1773 1806 1818 2671177926781801 2689263718071807 1831 26721772 266526841804 1766 1819 1831 1830 1818 26661824 1806 26721767 1770 26491767 1812 26831778 1800 1778 177326542677262518002648LMDR LMDR LMDR LMDR LMDR P26431830 1774 1824 1762 1824 1766 1818 1806 1824 1758 1812 1830 1806 -Not to Scale--Not a Survey-Rev. 6/7/2018 PROPOSED ZONING MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) View looking south at the subject property, 2643 Morningside Drive East of the subject property West of the subject property ANX2018-06008 Wise Home Solutions, LLC 2643 Morningside Drive Across the street, to the north of the subject property View looking easterly along Morningside Drive View looking westerly along Morningside Drive US-19 NSR 590 EVANS DR OWEN DR LUCAS DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDAUDREY DR MORNINGSIDE DR CARDINAL DR MARILYN DR SKYLAND DR CARLTON DR N TERRACE DRN TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/7/2018 LOCATION MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR AUDREY DR AUDREY DR N TERRACE DR N TERRACE DR CARLTON DR CARLTON DR CARDINAL DR CARDINAL DR AUDREY DR AUDREY DR OWEN DR OWEN DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 6/7/2018 AERIAL PHOTOGRAPH Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 50 50 60 5050 50 71442C D E E AA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 13 14 15 16 17 1 2345 6 7 8 9 10 1134 35 3637 38 3962 63 6465 66 67 (C) AC(C)OWEN DR MORNINGSIDE DR AUDREY DR N TERRACE DR CARLTON DR CARDINAL DR AUDREY DR OWEN DR CARDINAL DR 1800 1800 26591818 1825 1813 1779 176626541825 1772 1767 1774 1771 1812 177826501807 1831 1815 17852660 177526311812 1819 1813 1825 1821 1773 1806 1818 2671177926781801 2689263718071807 1831 26721772 266526841804 1766 1819 1831 1830 1818 26661824 1806 26721767 1770 26491767 1812 26831778 1800 1778 17732654267726251800264826431830 1824 1762 1824 1766 1818 1806 1824 1758 1812 1830 1806 -Not to Scale--Not a Survey-Rev. 6/7/2018 EXISTING SURRANDING USES MAP Owner(s): Katie Keimig, Jame Thomas Davis, Jr. Case: ANX2018-06008 Site: 2643 Morningside Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-001-0170 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 Vehicle Sales Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9180-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9180-18 on second reading, annexing certain real properties whose post office addresses are 1251 Sedeeva Circle North and 1923 North Betty Lane, all within Clearwater, Florida 33755, 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 11/14/2018 Ordinance No. 9180-18 ORDINANCE NO. 9180-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY NORTH OF SUNSET POINT ROAD, WEST OF KINGS HIGHWAY, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESSES ARE 1251 SEDEEVA CIRCLE NORTH AND 1923 NORTH BETTY LANE, ALL WITHIN CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties 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. (ANX2018-07010) 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. 9180-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐07010 ========================================================================================= No. Parcel ID Address 1. 03-29-15-28098-000-0141 1251 Sedeeva Circle North Legal Description West ½ of Lots 14 and 15, FLORADEL SUB-DIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. AND No. Parcel ID Address __ 2. 03-29-15-49986-000-0050 1923 North Betty Lane Legal Description The South 50 feet of the Northern part of Lot 4, LANGE’S REPLAT OF BROWN’S SUBDIVISION as recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida. (From State Street go South 150 feet along East boundary of Lot 3 for P.O.B., thence East 50 feet, thence South 50 feet, thence West 50, thence North 50 feet along East Boundary of Lot 14 to P.O.B.); and Lot Five (5) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. All of Lots Ten (10), Eleven (11) and Twelve (12) and Lot Four (4) less the North Two Hundred (200) feet of said Lot Four (4) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. Exhibit B LAKE 303060 60 6060606060 80 8060 383060 60 60 604040 3330503330333060 386060 45 45 60 60 30 60 30 4 0 28098 4998683970O O G 4 5 6 7 8 9 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 503360 42/015 1 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 1247 129919501290128612821278127412801949 1932 1954 1946 194212871232 1969 13021917 1952 13271943 129012761248123112671916 1947 13181963 19241237 19131910 1958 19081901 12251940 1962 127912871274123412301915 1926 1909 12751960 13001901 1288124612841933 1938 12231239 13141913 1971 1952 1904 127112731964 1918 13041943 19361233½12351941 0112942511974 1928 1919 12761925 1926 132912851251 1249 12781923 1914 1927 193512811261255125 1921 19371264 1919 1245123 1995 129512311936 1920192812721940 1923 1937 1978 1903 1969 1987 12831921 125612371917 1940 1979 1918 12271266127719311927 1925 19331274 19181273127012511224124 12951916 1915 19361231927 1961 1992124 12261932 1261 1251944 1981 12331938 1920 1257 1929 126812891930 -Not to Scale--Not a Survey-Rev. 7/18/2018 PROPOSED ANNEXATION Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER STATE ST SEDEEVA CIR N CHENANGO AVE FREEDOM DR VISTA WAY POINSETTA AVE ALOHA LN COLES RD SEDEEVA CIR S FULLER DR MACOMBER AVE PINELAND DR SHERIDAN RD SYLVAN DR BERTLAND WAY OAKDALE WAY GARDENIA CT PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. XX/XX/XX PROJECT SITE^ LOCATION MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) N BETTY LN N BETTY LN STATE ST STATE ST SUNSET POINT RD SUNSET POINT RD CHENANGO AVE CHENANGO AVE SEDEEVA CIR NSEDEEVA CIR N MACOMBER AVE MACOMBER AVE BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 7/18/2018 AERIAL PHOTOGRAPH Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) LAKE 303060 60 6060606060 80 8060 383060 60 60 604040 3330503330333060 386060 45 45 60 60 30 60 30 4 0 28098 4998683970O O G 4 5 6 7 8 9 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 503360 42/015 1 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 1247 129919501290128612821278127412801949 1932 1954 1946 194212871232 1969 13021917 1952 13271943 129012761248123112671916 1947 13181963 19241237 19131910 1958 19081901 12251940 1962 127912871274123412301915 1926 1909 12751960 13001901 1288124612841933 1938 12231239 13141913 1971 1952 1904 127112731964 1918 13041943 19361233½12351941 0112942511974 1928 1919 12761925 1926 132912851251 1249 12781923 1914 1927 193512811261255125 1921 19371264 1919 1245123 1995 129512311936 1920192812721940 1923 1937 1978 1903 1969 1987 12831921 125612371917 1940 1979 1918 12271266127719311927 1925 19331274 19181273127012511224124 12951916 1915 19361231927 1961 1992124 12261932 1261 1251944 1981 12331938 1920 1257 1929 126812891930 -Not to Scale--Not a Survey-Rev. 7/18/2018 EXISTING SURROUNDING USES MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) Single Family Residential Single & Multi-Family Residential Vacant Single Family Residential Commercial & Multi Family Residential Single Family Residential View looking south at the subject property 1251 Sedeeva Circle North East of the subject property West of the subject property Across the street, to the nortth of the subject property ANX2018-07010 Property Remedies, LLC 1251 Sedeeva Circle North View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North View looking south at the subject property 1923 North Betty Lane, from State Street East of the subject property, along State Street West of the subject property, along State Street Across State Street, to the north of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking easterly along State Street View looking westerly along State Street View looking east at the subject property 1923 North Betty Lane, from Betty Lane North of the subject property, along Betty Lane South of the subject property, along Betty Lane Across Betty Lane, to the west of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking northerly along Betty Lane View looking southerly along Betty Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9181-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9181-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1251 Sedeeva Circle North as Residential Urban (RU) and 1923 North Betty Lane, Clearwater, Florida 33755, as Residential Urban (RU) and Preservation(P)/Drainage Feature Overlay, upon annexation into the City of Clearwater. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9181-18 ORDINANCE NO. 9181-18 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 SUNSET POINT ROAD, WEST OF KINGS HIGHWAY, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1251 SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA 33755, AS RESIDENTIAL URBAN (RU), AND 1923 NORTH BETTY LANE, CLEARWATER, FLORIDA 33755, AS RESIDENTIAL URBAN (RU) AND PRESERVATION (P)/DRAINAGE FEATURE OVERLAY, 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 categories 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 Urban (RU) and Preservation (P)/Drainage Feature Overlay (ANX2018-07010) 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. Ordinance No. 9181-18 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9180-18. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐07010 ========================================================================================= No. Parcel ID Address 1. 03-29-15-28098-000-0141 1251 Sedeeva Circle North Legal Description West ½ of Lots 14 and 15, FLORADEL SUB-DIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. AND No. Parcel ID Address __ 2. 03-29-15-49986-000-0050 1923 North Betty Lane Legal Description The South 50 feet of the Northern part of Lot 4, LANGE’S REPLAT OF BROWN’S SUBDIVISION as recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida. (From State Street go South 150 feet along East boundary of Lot 3 for P.O.B., thence East 50 feet, thence South 50 feet, thence West 50, thence North 50 feet along East Boundary of Lot 14 to P.O.B.); and Lot Five (5) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. All of Lots Ten (10), Eleven (11) and Twelve (12) and Lot Four (4) less the North Two Hundred (200) feet of said Lot Four (4) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. Exhibit B LAKE 28098 4998683970O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 1 1 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY RU RU RU RU R/OS RU RU RU P RM P RM R/OS RU RU 19231251 -Not to Scale--Not a Survey-Rev. 8/14/2018 Drainage Feature Overlay Drainage Feature Overlay PROPOSED FUTURE LAND USE MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER STATE ST SEDEEVA CIR N CHENANGO AVE FREEDOM DR VISTA WAY POINSETTA AVE ALOHA LN COLES RD SEDEEVA CIR S FULLER DR MACOMBER AVE PINELAND DR SHERIDAN RD SYLVAN DR BERTLAND WAY OAKDALE WAY GARDENIA CT PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. XX/XX/XX PROJECT SITE^ LOCATION MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) N BETTY LN N BETTY LN STATE ST STATE ST SUNSET POINT RD SUNSET POINT RD CHENANGO AVE CHENANGO AVE SEDEEVA CIR NSEDEEVA CIR N MACOMBER AVE MACOMBER AVE BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 7/18/2018 AERIAL PHOTOGRAPH Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) LAKE 303060 60 6060606060 80 8060 383060 60 60 604040 3330503330333060 386060 45 45 60 60 30 60 30 4 0 28098 4998683970O O G 4 5 6 7 8 9 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 503360 42/015 1 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 1247 129919501290128612821278127412801949 1932 1954 1946 194212871232 1969 13021917 1952 13271943 129012761248123112671916 1947 13181963 19241237 19131910 1958 19081901 12251940 1962 127912871274123412301915 1926 1909 12751960 13001901 1288124612841933 1938 12231239 13141913 1971 1952 1904 127112731964 1918 13041943 19361233½12351941 0112942511974 1928 1919 12761925 1926 132912851251 1249 12781923 1914 1927 193512811261255125 1921 19371264 1919 1245123 1995 129512311936 1920192812721940 1923 1937 1978 1903 1969 1987 12831921 125612371917 1940 1979 1918 12271266127719311927 1925 19331274 19181273127012511224124 12951916 1915 19361231927 1961 1992124 12261932 1261 1251944 1981 12331938 1920 1257 1929 126812891930 -Not to Scale--Not a Survey-Rev. 7/18/2018 EXISTING SURROUNDING USES MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) Single Family Residential Single & Multi-Family Residential Vacant Single Family Residential Commercial & Multi Family Residential Single Family Residential View looking south at the subject property 1251 Sedeeva Circle North East of the subject property West of the subject property Across the street, to the nortth of the subject property ANX2018-07010 Property Remedies, LLC 1251 Sedeeva Circle North View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North View looking south at the subject property 1923 North Betty Lane, from State Street East of the subject property, along State Street West of the subject property, along State Street Across State Street, to the north of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking easterly along State Street View looking westerly along State Street View looking east at the subject property 1923 North Betty Lane, from Betty Lane North of the subject property, along Betty Lane South of the subject property, along Betty Lane Across Betty Lane, to the west of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking northerly along Betty Lane View looking southerly along Betty Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9182-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9182-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1251 Sedeeva Circle North Clearwater, Florida, 33755 as Low Medium Density Residential (LMDR), and 1923 North Betty Lane, Clearwater, Florida 33755, as Medium Density Residential (MDR) and Preservation (P), upon annexation into the City of Clearwater. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9182-18 ORDINANCE NO. 9182 -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 SUNSET POINT ROAD, WEST OF KINGS HIGHWAY, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1251 SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA 33755, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR), AND 1923 NORTH BETTY LANE, CLEARWATER, FLORIDA 33755, AS MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of zoning classifications as set forth in this ordinance are found to be reasonable, proper and appropriate, and are 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. 9180-18. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR), Medium Density Residential (MDR) and Preservation (P) (ANX2018-07010) Ordinance No. 9182-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2018‐07010 ========================================================================================= No. Parcel ID Address 1. 03-29-15-28098-000-0141 1251 Sedeeva Circle North Legal Description West ½ of Lots 14 and 15, FLORADEL SUB-DIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. AND No. Parcel ID Address __ 2. 03-29-15-49986-000-0050 1923 North Betty Lane Legal Description The South 50 feet of the Northern part of Lot 4, LANGE’S REPLAT OF BROWN’S SUBDIVISION as recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida. (From State Street go South 150 feet along East boundary of Lot 3 for P.O.B., thence East 50 feet, thence South 50 feet, thence West 50, thence North 50 feet along East Boundary of Lot 14 to P.O.B.); and Lot Five (5) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. All of Lots Ten (10), Eleven (11) and Twelve (12) and Lot Four (4) less the North Two Hundred (200) feet of said Lot Four (4) of LANGE’S REPLAT OF BROWN’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida. LAKE 303060 60 6060606060 80 8060 383060 60 60 604040 3330503330333060 386060 45 45 60 60 30 60 30 4 0 28098 4998683970O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 50331 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY LMDR I OS/R MDRLMDR 1247 19501278127412801949 1932 1954 1946 194212871232 1969 13021917 1952 13271943 1290127612481260125612671916 1947 1318196312641234 19241237 1913 12721910 1958 19081901 1940 1962 1279128712741234123012661915 1926 12741909 127512701960 130019011244 12881246128419331236 1938 1239 131419131240 1971 19521258 1904 127112731964 1918 130412681943 19361233½LMDR MDR P LMDR LMDR LMDR LMDR 12351941 9912941290128612821974 1928 1919 12761925 1994 1926 132912851251 1249 12781923 1914 1927 19351281 112551921 1937 1919 1245 1995 129512311936 1920 1928 1940 1923 1937 1978 1903 1969 1987 512831921 125612371917 1940 1979 1918 7127719311927 1925 1933 1918127312511224 12951916 1915 1936 1927 1961 31992 12261932 1261 1944 1981 12331938 1920 1257 1929 12891930 -Not to Scale--Not a Survey-Rev. 7/24/2018 PROPOSED ZONING MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P)/Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER STATE ST SEDEEVA CIR N CHENANGO AVE FREEDOM DR VISTA WAY POINSETTA AVE ALOHA LN COLES RD SEDEEVA CIR S FULLER DR MACOMBER AVE PINELAND DR SHERIDAN RD SYLVAN DR BERTLAND WAY OAKDALE WAY GARDENIA CT PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. XX/XX/XX PROJECT SITE^ LOCATION MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) N BETTY LN N BETTY LN STATE ST STATE ST SUNSET POINT RD SUNSET POINT RD CHENANGO AVE CHENANGO AVE SEDEEVA CIR NSEDEEVA CIR N MACOMBER AVE MACOMBER AVE BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 7/18/2018 AERIAL PHOTOGRAPH Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) LAKE 303060 60 6060606060 80 8060 383060 60 60 604040 3330503330333060 386060 45 45 60 60 30 60 30 4 0 28098 4998683970O O G 4 5 6 7 8 9 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 503360 42/015 1 1 1 1 1 1 1 N BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 1247 129919501290128612821278127412801949 1932 1954 1946 194212871232 1969 13021917 1952 13271943 129012761248123112671916 1947 13181963 19241237 19131910 1958 19081901 12251940 1962 127912871274123412301915 1926 1909 12751960 13001901 1288124612841933 1938 12231239 13141913 1971 1952 1904 127112731964 1918 13041943 19361233½12351941 0112942511974 1928 1919 12761925 1926 132912851251 1249 12781923 1914 1927 193512811261255125 1921 19371264 1919 1245123 1995 129512311936 1920192812721940 1923 1937 1978 1903 1969 1987 12831921 125612371917 1940 1979 1918 12271266127719311927 1925 19331274 19181273127012511224124 12951916 1915 19361231927 1961 1992124 12261932 1261 1251944 1981 12331938 1920 1257 1929 126812891930 -Not to Scale--Not a Survey-Rev. 7/18/2018 EXISTING SURROUNDING USES MAP Owner(s): Property Remedies LLC AHS Holdings LLC, C/O Steven Hasley Case: ANX2018-07010 Site: 1251 Sedeeva Circle N 1923 North Betty Lane Property Size(Acres): ROW (Acres): 1.510 Land Use Zoning PIN: 03-29-15-28098-000-0141 03-29-15-49986-000-0050 From : Residential Urban (RU) R-4, One, Two, & Three Family Residential Atlas Page: 251B To: Residential Urban (RU), Preservation (P), Drainage Feature Overlay Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Preservation (P) Single Family Residential Single & Multi-Family Residential Vacant Single Family Residential Commercial & Multi Family Residential Single Family Residential View looking south at the subject property 1251 Sedeeva Circle North East of the subject property West of the subject property Across the street, to the nortth of the subject property ANX2018-07010 Property Remedies, LLC 1251 Sedeeva Circle North View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North View looking south at the subject property 1923 North Betty Lane, from State Street East of the subject property, along State Street West of the subject property, along State Street Across State Street, to the north of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking easterly along State Street View looking westerly along State Street View looking east at the subject property 1923 North Betty Lane, from Betty Lane North of the subject property, along Betty Lane South of the subject property, along Betty Lane Across Betty Lane, to the west of the subject property ANX2018-07010 AHS Holdings LLC 1923 North Betty Lane View looking northerly along Betty Lane View looking southerly along Betty Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9183-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9183-18 on second reading, annexing certain real property whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, together with abutting right-of-way of Johns Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9183-18 ORDINANCE NO. 9183-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF JOHNS PARKWAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B 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: See attached Exhibit A for Legal Description. (ANX2018-07011) 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. 9183-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. Exhibit B 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED ANNEXATION Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD FEATHERWOOD CT S McMULLEN BOOTH RD MACDONALD DR BAY LN CHERRY LN CLEVELAND ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 9/13/2018 LOCATION MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CHERRY LN CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Date: 9/13/2018 AERIAL PHOTOGRAPH Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 EXISTING SURROUNDING USES MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Multi-Family Residential Mobile Home Park View looking north at the subject property 3108 Johns Parkway East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-070011 SWH 2017-1 Borrower LP 3108 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9184-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9184-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9184-18 ORDINANCE NO. 9184-18 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 NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 See attached Exhibit A for legal description. Residential Urban (RU) (ANX2018-07011) 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. 9183-18. Ordinance No. 9184-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 I RU I RU RLM R/OL -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED FUTURE LAND USE MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD FEATHERWOOD CT S McMULLEN BOOTH RD MACDONALD DR BAY LN CHERRY LN CLEVELAND ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 9/13/2018 LOCATION MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CHERRY LN CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Date: 9/13/2018 AERIAL PHOTOGRAPH Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 EXISTING SURROUNDING USES MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Multi-Family Residential Mobile Home Park View looking north at the subject property 3108 Johns Parkway East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-070011 SWH 2017-1 Borrower LP 3108 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9185-17 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9185-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3108 Johns Parkway, 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 11/14/2018 Ordinance No. 9185-18 ORDINANCE NO. 9185 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, 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 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. 9183-18. Property Zoning District See attached Exhibit A for Legal Description Low Medium Density Residential (LMDR) (ANX2018-07011) Ordinance No. 9185-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. 242420 303024 24 05155 8384317519*1 23 4 2 312 12 3 456 91011 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 21/07 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 I I LMDR I MHP LMDR -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED ZONING MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD FEATHERWOOD CT S McMULLEN BOOTH RD MACDONALD DR BAY LN CHERRY LN CLEVELAND ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 9/13/2018 LOCATION MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CHERRY LN CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Date: 9/13/2018 AERIAL PHOTOGRAPH Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 EXISTING SURROUNDING USES MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Multi-Family Residential Mobile Home Park View looking north at the subject property 3108 Johns Parkway East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-070011 SWH 2017-1 Borrower LP 3108 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9186-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9186-18 on second reading, annexing certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9186-18 ORDINANCE NO. 9186-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHARKEY ROAD APPROXIMATELY 745 FEET WEST OF NORTH OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 2444 SHARKEY ROAD, CLEARWATER, FLORIDA 33765 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B 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: See attached Exhibit A for Legal Description. (ANX2018-07012) 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. 9186-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07012 ========================================================================================= No. Parcel ID Address 1. 07-29-16-00000-420-1800 2444 Sharkey Road Legal Description The East 243.46 feet of the West 678.46 feet of the South 210.00 feet of the Northwest quarter of the Southeast quarter of Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the South 33.00 feet thereof for road purposes, all in the Public Records of Pinellas County, Florida. Exhibit B LA KE 66 66 66 73 66 60 6060 6060 50 6650506050 66 73 50 172532251022519 15 16 17 18 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21222324252627 M N (117) 52 53 54 65 66 67 68 69 70 7172 73 747576 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 2 11 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 506060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC AC(C) AC AC(C) DREW ST SHARKEY RD DORA DR VARSITY DR RUSKIN RD OBERLIN DR ANNA AVE COLLEGE HILL DR OLD COACHMAN RD LORENA LN 907 695 697 730 500 862 650 420 2500236424762370240024842490238023742358650½243524062454245024922470234623562 3 4 6 238421834 901908902 764 602 700 616 602 616 809 764 515 731 731 615 730 710 699 808 730 764 700 511 501 198 710 616615 700 406 195 407 765 710 709 808 701 731 648 701 730 603 765 648 505 601 647 401 603 647 709 808 809 709 648 765 602 252123612 3 7 123462 3 7 723532359 2380234123652424234623522388236423402341235124202 3 8 62352 23932 3 5 3 23582 3 6 52340 237523672341465243223702444240150123412 3 7 6 2 3 8 3236423642346 23522 3 7 02340 4012 3 6 0 2 3 5 72353 2324235823502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N PROPOSED ANNEXATION Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) DREW ST SHARKEY RD ANNA AVE DORA DR N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD OBERLIN DR N E C O A C H M A N R D ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/18/2018 LOCATION MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) DREW ST DREW ST SHARKEY RD SHARKEY RD D O R A D R D O R A D R VARSITY DR VARSITY DR RUSKIN RD RUSKIN RD OBERLIN DR OBERLIN DR ANNA AVE ANNA AVE COLLEGE HILL DR COLLEGE HILL DR LORENA LN LORENA LN N OLD COACHMAN RDN OLD COACHMAN RD-Not to Scale--Not a Survey-Rev. 7/23/2018 AERIAL PHOTOGRAPH Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) LA KE 66 66 66 73 66 60 6060 6060 50 6650506050 66 73 50 172532251022519 15 16 17 18 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21222324252627 M N (117) 52 53 54 65 66 67 68 69 70 7172 73 747576 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 2 11 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 506060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC AC(C) AC AC(C) DREW ST SHARKEY RD DORA DR VARSITY DR RUSKIN RD OBERLIN DR ANNA AVE COLLEGE HILL DR OLD COACHMAN RD LORENA LN 907 695 697 730 500 862 650 420 2500236424762370240024842490238023742358650½243524062454245024922470234623562 3 4 6 238421834 901908902 764 602 700 616 602 616 809 764 515 731 731 615 730 710 699 808 730 764 700 511 501 198 710 616615 700 406 195 407 765 710 709 808 701 731 648 701 730 603 765 648 505 601 647 401 603 647 709 808 809 709 648 765 602 252123612 3 7 123462 3 7 723532359 2380234123652424234623522388236423402341235124202 3 8 62352 23932 3 5 3 23582 3 6 52340 237523672341465243223702444240150123412 3 7 6 2 3 8 3236423642346 23522 3 7 02340 4012 3 6 0 2 3 5 72353 2324235823502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N EXISTING SURROUNDING USES MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) Joe DiMaggio Fields Multi-Family Residential Water Single Family Residential Commercial View looking north at the subject property 2444 Sharkey Road East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07012 Sharkey 18 Land Trust 2444 Sharkey Road View looking easterly along Sharkey Road View looking westerly along Sharkey Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9187-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9187-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Medium (RM). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9187-18 ORDINANCE NO. 9187-18 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 NORTH SIDE OF SHARKEY ROAD APPROXIMATELY 745 FEET WEST OF NORTH OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 2444 SHARKEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM); 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 See attached Exhibit A for legal description. Residential Medium (RM) (ANX2018-07012) 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. 9186-18. Ordinance No. 9187-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07012 ========================================================================================= No. Parcel ID Address 1. 07-29-16-00000-420-1800 2444 Sharkey Road Legal Description The East 243.46 feet of the West 678.46 feet of the South 210.00 feet of the Northwest quarter of the Southeast quarter of Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the South 33.00 feet thereof for road purposes, all in the Public Records of Pinellas County, Florida. Exhibit B L A K E 66 66 66 73 66 60 6060 6060 50 6650506050 66 73 50 172532251022519 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21222324252627 M N (117) 52 53 54 66 67 68 69 70 7172 73 7475 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 5060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC(C AC(C) AC AC(C) I I P RM T/U R/OG RL R/OS RU T/U DREW ST SHARKEY RD DORA DR VARSITY DR RUSKIN RD OBERLIN DR ANNA AVE COLLEGE HILL DR OLD COACHMAN RD LORENA LN 901 695 697 730 198 500 862 650 420 252125002476248424902380246523742358650½2435240624542450234024012492247023462 3 4 6 238421834 902 764 602 700 616 602 616 809 764 515 731 731 615 730 710 699 808 730 764 700 511 501 710 616615 700 406 195180181 407 765 710 709 808 701 731 648 701 730 603 765 648 505 601 647 186 401 603 647 709 808 809 709 648 765 602 236423612 3 7 123462 3 7 723532359 237024002380234123652424234623522388236423402341235124202 3 8 62352 23932 3 5 3 23582 3 6 52340 237523672341243223702444240125012 3 7 6 2 3 8 323623642346 23522 3 7 0 2 3 6 0 2 3 5 72353 2324235823523502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N PROPOSED FUTURE LAND USE MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) DREW ST SHARKEY RD ANNA AVE DORA DR N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD OBERLIN DR N E C O A C H M A N R D ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/18/2018 LOCATION MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) DREW ST DREW ST SHARKEY RD SHARKEY RD D O R A D R D O R A D R VARSITY DR VARSITY DR RUSKIN RD RUSKIN RD OBERLIN DR OBERLIN DR ANNA AVE ANNA AVE COLLEGE HILL DR COLLEGE HILL DR LORENA LN LORENA LN N OLD COACHMAN RDN OLD COACHMAN RD-Not to Scale--Not a Survey-Rev. 7/23/2018 AERIAL PHOTOGRAPH Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) LA KE 66 66 66 73 66 60 6060 6060 50 6650506050 66 73 50 172532251022519 15 16 17 18 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21222324252627 M N (117) 52 53 54 65 66 67 68 69 70 7172 73 747576 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 2 11 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 506060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC AC(C) AC AC(C) DREW ST SHARKEY RD DORA DR VARSITY DR RUSKIN RD OBERLIN DR ANNA AVE COLLEGE HILL DR OLD COACHMAN RD LORENA LN 907 695 697 730 500 862 650 420 2500236424762370240024842490238023742358650½243524062454245024922470234623562 3 4 6 238421834 901908902 764 602 700 616 602 616 809 764 515 731 731 615 730 710 699 808 730 764 700 511 501 198 710 616615 700 406 195 407 765 710 709 808 701 731 648 701 730 603 765 648 505 601 647 401 603 647 709 808 809 709 648 765 602 252123612 3 7 123462 3 7 723532359 2380234123652424234623522388236423402341235124202 3 8 62352 23932 3 5 3 23582 3 6 52340 237523672341465243223702444240150123412 3 7 6 2 3 8 3236423642346 23522 3 7 02340 4012 3 6 0 2 3 5 72353 2324235823502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N EXISTING SURROUNDING USES MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) Joe DiMaggio Fields Multi-Family Residential Water Single Family Residential Commercial View looking north at the subject property 2444 Sharkey Road East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07012 Sharkey 18 Land Trust 2444 Sharkey Road View looking easterly along Sharkey Road View looking westerly along Sharkey Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9188-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 9188-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 DREW ST SHARKEY RD ANNA AVE DORA DR N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD OBERLIN DR N E C O A C H M A N R D ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/18/2018 LOCATION MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) DREW ST DREW ST SHARKEY RD SHARKEY RD D O R A D R D O R A D R VARSITY DR VARSITY DR RUSKIN RD RUSKIN RD OBERLIN DR OBERLIN DR ANNA AVE ANNA AVE COLLEGE HILL DR COLLEGE HILL DR LORENA LN LORENA LN N OLD COACHMAN RDN OLD COACHMAN RD-Not to Scale--Not a Survey-Rev. 7/23/2018 AERIAL PHOTOGRAPH Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) LA KE 66 66 66 73 66 60 6060 6060 50 6650506050 66 73 50 172532251022519 15 16 17 18 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21222324252627 M N (117) 52 53 54 65 66 67 68 69 70 7172 73 747576 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 2 11 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 506060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC AC(C) AC AC(C) DREW ST SHARKEY RD DORA DR VARSITY DR RUSKIN RD OBERLIN DR ANNA AVE COLLEGE HILL DR OLD COACHMAN RD LORENA LN 907 695 697 730 500 862 650 420 2500236424762370240024842490238023742358650½243524062454245024922470234623562 3 4 6 238421834 901908902 764 602 700 616 602 616 809 764 515 731 731 615 730 710 699 808 730 764 700 511 501 198 710 616615 700 406 195 407 765 710 709 808 701 731 648 701 730 603 765 648 505 601 647 401 603 647 709 808 809 709 648 765 602 252123612 3 7 123462 3 7 723532359 2380234123652424234623522388236423402341235124202 3 8 62352 23932 3 5 3 23582 3 6 52340 237523672341465243223702444240150123412 3 7 6 2 3 8 3236423642346 23522 3 7 02340 4012 3 6 0 2 3 5 72353 2324235823502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N EXISTING SURROUNDING USES MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) Joe DiMaggio Fields Multi-Family Residential Water Single Family Residential Commercial View looking north at the subject property 2444 Sharkey Road East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07012 Sharkey 18 Land Trust 2444 Sharkey Road View looking easterly along Sharkey Road View looking westerly along Sharkey Road Ordinance No. 9188-18 ORDINANCE NO. 9188 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHARKEY ROAD APPROXIMATELY 745 FEET WEST OF NORTH OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 2444 SHARKEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); 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 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. 9186-18. Property Zoning District See attached Exhibit A for Legal Description Medium Density Residential (MDR) (ANX2018-07012) Ordinance No. 9188-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07012 ========================================================================================= No. Parcel ID Address 1. 07-29-16-00000-420-1800 2444 Sharkey Road Legal Description The East 243.46 feet of the West 678.46 feet of the South 210.00 feet of the Northwest quarter of the Southeast quarter of Section 7, Township 29 South, Range 16 East, LESS AND EXCEPT the South 33.00 feet thereof for road purposes, all in the Public Records of Pinellas County, Florida. Exhibit B LA K E 66 66 66 73 66 60 6060 6060 50 665050606050 66 73 50 172532251022519 14 15 16 17 18 19 20 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4647484950 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2122232425262728 M N (117) 52 53 54 65 66 67 68 69 70 7172 73 747576 87 88 89 90 91 92 939495969798 PH II PH IPH I 1 12 43/00 5.41 43/01 32.32 44/02 41/02 42/1542/1442/1342/1242/11 42/10 42/09 42/03 42/04 42/06 42/07 42/08 42/0512.69 3.17 4.8 1.84 42/18 42/16 42/17 485.01 5.06 506060 60 60 105 06373 1 128 1 AC(C) AC(C) AC AC(C) AC AC(C) 1 DREW ST SHARKEY RD D O R A D R VARSITY DR RUSKIN RD OBERLIN DR COLLEGE HILL DR ANNA AVE LORENA LN OLD COACHMAN RD I O MDR IRT LMDR US 19OS/RMDR LMDR MDR MDR LMDR LMDR LMDR 901902 700 616 695 764 515 697 730 710 699 808 730764 511 710 700 180181 710 730 650648 601 602 420 2521250023642346235923702380236524842346235223642340234123522490238023402375246523742370650½2501243524062454245024012 3 5 72353 2492234623582 3 4 6 238421834 764 602602 616 809 731 731 615 96 730 700 501 198 616615 406 195 407 765 709 808 701 731 500 648 701 603 862 765 505 647 186 401 185 603 647 709 808 809 709 648 765 23612 3 7 1 2 3 7 7 2476235324002341242423882351242023352 3 8 6 2393 2 3 5 3 23582 3 6 5 236723412432233424442358240123412 3 7 6 2 3 8 3236423642346 23522 3 7 02340 2 3 6 0 232423352470235623502 3 4 72347 23722347-Not to Scale--Not a Survey-Rev. 7/23/2018 N PROPOSED ZONING MAP Owner(s): Sharkey 18 Land Trust Case: ANX2018-07012 Site: 2444 Sharkey Road Property Size(Acres): ROW (Acres): 0.990 Land Use Zoning PIN: 07-29-16-00000-420-1800 From : Residential Medium (RM) A-E Agricultural Estate Residential Atlas Page: 281B To: Residential Medium (RM) Medium Density Residential (MDR) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9196-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 9196-18 on second reading, annexing certain real property whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9196-18 ORDINANCE NO. 9196-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE DRIVE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida. (ANX2018-07013) The map attached as Exhibit A 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. 9196-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk 6666 66 66 66 66 66 60 60 6 06030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 2 8 0 61776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361734 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 1 7 38 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 17291734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 PROPOSED ANNEXATION Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SUNSET POINT RD OWEN DR EVANS DR SOUTH DR ST. CROIX DR CR 193 DIANE DR LUCAS DR ST. JOHN DR GROVE DR MORNINGSIDE DR AUDREY DR THOMAS DR WOODRING DR N TERRACE DR EL TRINDAD DR ESARAH DR CATHERINE DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER AUDREY DR OWEN DR ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/13/2018 LOCATION MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 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 ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Date: 8/13/2018 AERIAL PHOTOGRAPH Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) 6666 66 66 66 66 66 60 60 6 0 6030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 2 8 0 61776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361734 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 17 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 17291734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 EXISTING SURROUNDING USES MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 2780 Terrace Drive North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07013 Feliciano & Barbara Flores 2780 Terrace Drive North View looking easterly along Terrace Drive North View looking westerly along Terrace Drive North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9197-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.17 SUBJECT/RECOMMENDATION: Adopt Ordinance 9197-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9197-18 ORDINANCE NO. 9197-18 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 NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; 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 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida. Residential Low (RL) and Drainage Feature Overlay (ANX2018-07013) The map attached as Exhibit 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. 9196-18. Ordinance No. 9197-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 I RL RLRL RL RU RURL RL RU RL RU P RLRU RU RU P RU P SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 284027521737 2828276027731 7 3 0 1708 1745 27641716 277028431712 1748 1733 1747 28121728 1746 28181737 174127462747 1700 1749 1736 28361705 1720 28241725 284227591741 1755 28261 7 2 6 1788 1753 1712 1708 1735 28441777 1717 28281721 1704 1721 1704 17652758 1728 1739 1700 2 8 06 283117762734 1711 1773 1705 1736 1751 1716 1734 28351771 171427381754 1713 1748 1700 17642751 28361734 1782 1751 28391764 1740 1718 1728 28321704 1744 1724 1724 1777 1740 1705 1795 1701 1724 17 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1740 1730 1740 17291734 283417651756 1732 27801722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 17217122776 27701772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/21/2018 Drainage Feature Overlay PROPOSED FUTURE LAND USE MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SUNSET POINT RD OWEN DR EVANS DR SOUTH DR ST. CROIX DR CR 193 DIANE DR LUCAS DR ST. JOHN DR GROVE DR MORNINGSIDE DR AUDREY DR THOMAS DR WOODRING DR N TERRACE DR EL TRINDAD DR ESARAH DR CATHERINE DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER AUDREY DR OWEN DR ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/13/2018 LOCATION MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 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 ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Date: 8/13/2018 AERIAL PHOTOGRAPH Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) 6666 66 66 66 66 66 60 60 6 0 6030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 2 8 0 61776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361734 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 17 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 17291734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 EXISTING SURROUNDING USES MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 2780 Terrace Drive North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07013 Feliciano & Barbara Flores 2780 Terrace Drive North View looking easterly along Terrace Drive North View looking westerly along Terrace Drive North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9198-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.18 SUBJECT/RECOMMENDATION: Adopt Ordinance 9198-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2780 North Terrace Drive, 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 11/14/2018 Ordinance No. 9198-18 ORDINANCE NO. 9198 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of the 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. 9196-18. Property Zoning District Lot 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2018-07013) Ordinance No. 9198-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk 6666 66 66 66 66 66 60 60 6 06030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR LMDR 282828402752275828281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 P 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1737 1739 1700 2 8 06 1776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361734 1782 1751 1733 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 17 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 17291734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 PROPOSED ZONING MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SUNSET POINT RD OWEN DR EVANS DR SOUTH DR ST. CROIX DR CR 193 DIANE DR LUCAS DR ST. JOHN DR GROVE DR MORNINGSIDE DR AUDREY DR THOMAS DR WOODRING DR N TERRACE DR EL TRINDAD DR ESARAH DR CATHERINE DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER AUDREY DR OWEN DR ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/13/2018 LOCATION MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 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 ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Date: 8/13/2018 AERIAL PHOTOGRAPH Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) 6666 66 66 66 66 66 60 60 6 0 6030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 2 8 0 61776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361734 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 17 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 17291734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1741 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 EXISTING SURROUNDING USES MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 2780 Terrace Drive North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07013 Feliciano & Barbara Flores 2780 Terrace Drive North View looking easterly along Terrace Drive North View looking westerly along Terrace Drive North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9199-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.19 SUBJECT/RECOMMENDATION: Adopt Ordinance 9199-18 on second reading, annexing certain real property whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/14/2018 Ordinance No. 9199-18 ORDINANCE NO. 9199-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida. (ANX2018-07014) The map attached as Exhibit A 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. 9199-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED ANNEXATION Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/15/2018 LOCATION MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Date: 8/15/2018 AERIAL PHOTOGRAPH Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking west at the subject property 600 Moss Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-07014 Ernest H. & Margaret L. Kohlmyer 600 Moss Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9200-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.20 SUBJECT/RECOMMENDATION: Adopt Ordinance 9200-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 600 Moss Avenue, 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 11/14/2018 Ordinance No. 9200-18 ORDINANCE NO. 9200-18 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 NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida. Residential Low (RL) (ANX2018-07014) The map attached as Exhibit 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. 9199-18. Ordinance No. 9200-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C) RL RL RL RL RL RL R/OS RLRL WATER RL RL 7 1 2 601 602 708 511510 3069306430583010300330593065305330413013305930473064307630253001307130193053304730713071300030353065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 3330123041330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/15/2018 LOCATION MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Date: 8/15/2018 AERIAL PHOTOGRAPH Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking west at the subject property 600 Moss Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-07014 Ernest H. & Margaret L. Kohlmyer 600 Moss Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9201-18 2nd rdg Agenda Date: 11/15/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.21 SUBJECT/RECOMMENDATION: Adopt Ordinance 9201-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 600 Moss Avenue, 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 11/14/2018 Ordinance No. 9201-18 ORDINANCE NO. 9201 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, 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. 9199-18. Property Zoning District Lot 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2018-07014) Ordinance No. 9201-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 234567 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN LMDR OS/R 7 1 2 602 708 511510 3069306430583010300330593065305330413013305930473064307630253001307130193053304730713071300030353041306530593077303530583041302330413070305230243058300630773081301830463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 601 701 600 3330123040330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED ZONING MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/15/2018 LOCATION MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Date: 8/15/2018 AERIAL PHOTOGRAPH Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking west at the subject property 600 Moss Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-07014 Ernest H. & Margaret L. Kohlmyer 600 Moss Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5339 Agenda Date: 11/15/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Accept Ordinance 2018-10, an Interlocal Agreement/Franchise with the City of Indian Rocks Beach, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Indian Rocks Beach and adopt Resolution 18-21. SUMMARY: On November 13, 2018, the City of Indian Rocks Beach Council is set to approve an Interlocal Agreement, on second reading, with the City of Clearwater, which provides a franchise for Clearwater Gas System (CGS) to provide natural gas service in Indian Rocks Beach. The previous franchise with the City of Indian Rocks Beach was approved on July 7, 1988 and expired on July 6, 2018. Currently, CGS is operating on a month-to-month basis under the provisions of that franchise agreement. The effective date of the new franchise shall be the 1st day of the following month after the Interlocal Agreement is approved by the City of Clearwater. The Agreement provides the City of Clearwater a 15-year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the City of Indian Rocks Beach. The agreement also provides for renewal options, which may be extended for an additional 15 years. The Interlocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of Indian Rocks Beach. The prior franchise fee was 5%. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/14/2018 Resolution No. 18-21 RESOLUTION NO. 18-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF INDIAN ROCKS BEACH, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF INDIAN ROCKS BEACH AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance No. 2018-10 of the City of Indian Rocks Beach on November 13, 2018, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the gas system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the gas system franchise, privilege and concession granted by the City of Indian Rocks Beach, Florida, by the adoption of Ordinance No. 2018-10 of the City of Indian Rocks Beach, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Council of the City of Indian Rocks Beach not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk of the City of Indian Rocks Beach. PASSED AND ADOPTED this ______ day of November, 2018. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM15-2064-061/224184/1]1 CITY OF INDIAN ROCKS BEACH ORDINANCE NO. 2018-10 AN ORDINANCE OF THE CITY OF INDIAN ROCKS BEACH, FLORIDA, A FLORIDA MUNICIPAL CORPORATION (HEREINAFTER "INDIAN ROCKS BEACH") GRANTING TO THE CITY OF CLEARWATER, FLORIDA, ITS LEGAL REPRESENTATIVES, SUCCESSOR AND ASSIGNS, (HEREINAFTER "CLEARWATER"), A GAS FRANCHISE AND IMPOSING CERTAIN CONDITIONS RELATING THERETO: PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in addition and supplemental to their other powers, INDIAN ROCKS BEACH and CLEARWATER, pursuant to Chapter 163, Part I, Florida Statutes, as amended, commonly known as the “Florida Interlocal Cooperation Act of 1969”, are authorized and empowered to cooperate with each other on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will best accord with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, it is in the best interests of the citizens of INDIAN ROCKS BEACH to be provided gas service whenever and wherever feasible; and, WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes, CLEARWATER, d/b/a CLEARWATER GAS SYSTEM, has the power and the present capability to provide such gas services in INDIAN ROCKS BEACH; and WHEREAS, INDIAN ROCKS BEACH and CLEARWATER wish to set forth the grants and conditions with respect to the provisions of such gas service to those areas within the corporate limits of INDIAN ROCKS BEACH and INDIAN ROCKS BEACH desires by virtue hereof to grant a gas franchise to CLEARWATER. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF INDIAN ROCKS BEACH, FLORIDA: SECTION 1. PURPOSE. The parties acknowledge that CLEARWATER has the legal authority pursuant to Florida [GM15-2064-061/224184/1]2 Statutes to provide gas service and, further, that INDIAN ROCKS BEACH, upon appropriate exercise of its powers could also provide such service. INDIAN ROCKS BEACH and CLEARWATER have determined it is in the best interests of both parties and their citizens for CLEARWATER to provide gas service within the corporate limits of INDIAN ROCKS BEACH as defined herein. SECTION 2. INTERPRETATION OF RECITALS. The recitals and findings contained above are hereby incorporated herein. SECTION 3. DEFINITIONS. Whenever in this ordinance the words or phrases hereafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions, unless in the given instance, the context wherein they are used shall clearly import a different meaning: (a) CUSTOMER shall mean any person, firm, public or private corporation or governmental agency served by the Grantee within the corporate limits of INDIAN ROCKS BEACH. (b) GRANTEE or CLEARWATER shall mean the City of Clearwater, a Florida municipal corporation, in its present incorporated form, or as may subsequently be reorganized, consolidated, or reincorporated. (c) GRANTOR or INDIAN ROCKS BEACH shall mean the INDIAN ROCKS BEACH, a Florida municipal corporation, in its present incorporated form, or as may subsequently be reorganized, consolidated, or reincorporated. (d) GAS or NATURAL GAS shall mean natural gas and/or manufactured gas and/or a mixture of gases which is distributed in pipes and measured by meter on the CUSTOMER’S premise. It shall not mean propane gas or liquefied petroleum gas (commonly referred to as “bottled gas”) or any other fuel that is typically delivered by [GM15-2064-061/224184/1]3 truck or stored in tanks; however, nothing herein shall be interpreted to prohibit CLEARWATER from engaging in the sale of liquid petroleum (propane) gas. (e) GROSS REVENUES shall mean revenues received by CLEARWATER from any CUSTOMER from the sale, transportation, distribution or delivery of GAS. (f) FACILITIES or EQUIPMENT shall mean pipe, pipe line, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located or to be located in, upon, along, across, or under the streets or within the public rights of way. (g) FRANCHISE or FRANCHISE AGREEMENT shall mean this ordinance, as passed and adopted by INDIAN ROCKS BEACH and accepted by CLEARWATER, as provided in Section 27 below. (h) DISTRIBUTION SYSTEM shall mean any and all transmission pipe lines, main pipe lines and CUSTOMER pipe lines, together with all necessary and desirable appurtenances, that are situated within the corporate limits of INDIAN ROCKS BEACH and are reasonably necessary for the sale, transportation, distribution or delivery of NATURAL GAS for the public and private use of CUSTOMERS. SECTION 4. TERM; GRANT. For a period of Fifteen (15) years from the date the FRANCHISE granted herein becomes effective, INDIAN ROCKS BEACH, its successors and assigns, do hereby agree and give and grant to CLEARWATER, its successors and assigns, a franchise, and any necessary right and authority to exercise the power to furnish gas and to construct, operate and maintain within the corporate limits of INDIAN ROCKS BEACH, in the rights-of-way or easements, which are suitable and otherwise legally available for such use, and within publicly-owned lands, buildings and facilities as expressly requested by INDIAN ROCKS BEACH, (by way of example and not [GM15-2064-061/224184/1]4 limitation, the INDIAN ROCKS BEACH fire station and city hall buildings) all facilities required by CLEARWATER to supply Gas to INDIAN ROCKS BEACH, its inhabitants and the places of business located within INDIAN ROCKS BEACH corporate limits and other customers and areas now or hereafter supplied, or to be supplied, Gas by CLEARWATER. The limitation as to public lands as described above is not intended to be a limitation as to rights-of-way or easements which are suitable and otherwise legally available for such use. If CLEARWATER wishes to renew this Franchise for another fifteen (15) year term, it shall provide written notice to INDIAN ROCKS BEACH at least one hundred-eighty (180) days and no more than three-hundred sixty five (365) days prior to the termination of the term of this Franchise. INDIAN ROCKS BEACH shall approve or deny CLEARWATER’s request to renew this Franchise by providing written notice of same within ninety (90) days of receipt of CLEARWATER’s notice. If the parties mutually agree to the renewal of this Franchise, this Franchise shall continue for another fifteen (15) year term, however, if terminated, this Agreement shall expire at the end of the initial term. Any rights granted hereunder are non- exclusive. Notwithstanding any provision herein to the contrary, in the event the Parties have not memorialized in writing, the renewal or termination of this Franchise by the expiration of the then-effective term, this Franchise shall continue on a month-to-month basis in accordance with the existing terms and conditions, until such time as the Franchise is renewed or terminated in writing as provided for herein. SECTION 5. RATES. The rates, charges and fees to be charged by CLEARWATER for Gas service within the corporate limits of INDIAN ROCKS BEACH during the term of this franchise shall be as provided in CLEARWATER's standard, system-wide rate schedule now or hereafter approved by [GM15-2064-061/224184/1]5 CLEARWATER's City Council, or as modified by the CLEARWATER Manager, or other designated CLEARWATER official, to the extent CLEARWATER Manager, or other designated CLEARWATER official, is expressly authorized to approve changes to such rates, charges, and fees, or such other agency of the State of Florida as may have proper jurisdiction over such rates and charges of CLEARWATER under the general laws of the State of Florida, or CLEARWATER's charter and ordinances. Such rate schedule shall be no greater than the rate schedule applied to rate payers within the corporate limits of CLEARWATER and other customers in cities that have a franchise or agreement with CLEARWATER for gas service. SECTION 6. ANNEXATION. In the event of the annexation of any territory to the present corporate limits of INDIAN ROCKS BEACH, such annexed territory and all portions of the Gas system of CLEARWATER located therein shall become subject to all of the terms and conditions of this franchise as of the time such annexation becomes effective. It shall be the responsibility of INDIAN ROCKS BEACH to notify CLEARWATER in writing within thirty (30) days after the effective date of every such annexation by certified mail, return receipt requested, or electronic mail. CLEARWATER shall implement such annexation within thirty (30) days of the receipt of the notice from INDIAN ROCKS BEACH. SECTION 7. EXTENSION OF SERVICE. In consideration of the rights granted under this FRANCHISE and the duration of this FRANCHISE, CLEARWATER agrees that its facilities to be installed within the corporate limits of INDIAN ROCKS BEACH will be expanded to provide service to new customers on the terms and conditions hereinafter set forth. Gas service shall be extended to customers desiring said service based on a feasibility formula. Such formula shall be the formula currently in effect system- wide as then administered by CLEARWATER and as applicable to the citizens of CLEARWATER and other franchise areas. [GM15-2064-061/224184/1]6 SECTION 8. FORCE MAJEURE. In the event by act of God, strike, riot, public enemy or other calamity, or restriction in the supply of Gas beyond the control of CLEARWATER or its interstate supplier or by reason of regulation exerted by the Florida Public Service Commission or the Federal Energy Regulatory Commission or other regulatory body having jurisdiction in the premises, the supply of the Gas should be interrupted, CLEARWATER shall, nevertheless, continue to supply the available Gas to such customers as it is possible, shall employ its full services to remedy such deficiency of Gas supply, and shall resume complete Gas service when that is possible. SECTION 9. COMPETITION. As a further consideration of this interlocal agreement and FRANCHISE granted hereunder, INDIAN ROCKS BEACH agrees not to engage in the business of distributing and selling Gas during the life of this franchise or any extension thereof in competition with CLEARWATER, its successors and assigns, in the service territory within INDIAN ROCKS BEACH delineated by the Florida Public Service Commission as CLEARWATER's service territory by PSC Order #00-0371-PAA-GU. CLEARWATER's service territory is shown on Exhibit "A" attached hereto and incorporated herein. Pursuant to Sections 7 and 13 hereof, CLEARWATER and INDIAN ROCKS BEACH have agreed to a certain extension of service policy. In the event INDIAN ROCKS BEACH desires to provide Gas service where CLEARWATER has notified INDIAN ROCKS BEACH in writing said areas do not qualify under the feasibility formula, INDIAN ROCKS BEACH may provide CLEARWATER notice of its intent to provide such Gas service in said areas. CLEARWATER shall have sixty (60) days after receipt of said notice to review its decision not to provide Gas service to said areas and to further meet with INDIAN ROCKS BEACH regarding said service. In the event CLEARWATER has not delivered written notice to INDIAN ROCKS BEACH within this sixty (60) day period that CLEARWATER shall provide Gas service to said areas, INDIAN ROCKS BEACH may provide Gas service in said defined areas thereafter. [GM15-2064-061/224184/1]7 SECTION 10. TERMINATION OF AGREEMENT. Upon expiration of this agreement, CLEARWATER shall have the right, privilege and option of removing all piping and equipment installed or maintained by CLEARWATER in accordance with this FRANCHISE. In the event of the removal of such equipment, CLEARWATER shall repair all of INDIAN ROCKS BEACHand customers' property to the same condition as theretofore existed. CLEARWATER shall also have the right to sell any or all of its piping and equipment to INDIAN ROCKS BEACH or a third party at the time of termination or subsequent thereto. In the event of acquisition by INDIAN ROCKS BEACH of such piping and equipment by purchase, condemnation, or otherwise, this franchise shall at once terminate; provided however, excepted from any right to acquire such piping and equipment are piping and equipment owned by CLEARWATER and connected with its general system of distribution used for the purpose of serving other than customers located in INDIAN ROCKS BEACH municipal boundaries. Further, violation by either Party of any of the covenants, terms, and conditions hereof, or default by either Party in observing or carrying into effect any of said covenants, terms and conditions, shall authorize and empower the non-defaulting party to declare a termination of this Franchise Agreement; provided, however, that before such action by the non-defaulting Party shall become operative and effective, the defaulting party shall have been served by the non-defaulting Party with a written notice setting forth all matters pertinent to such violation or default, and the defaulting Party shall have had a period of sixty (60) days after service of such notice or, in the event such cure reasonably requires a period of more than sixty (60) days, to present a plan, satisfactory to the non-defaulting Party, acting reasonably, to effect such cure; and provided further that any violation or default resulting from a strike, lockout, an act of God, or any other cause beyond the control of the defaulting Party shall not constitute grounds for termination. SECTION 11. FRANCHISE FEE [GM15-2064-061/224184/1]8 In consideration for the granting of this FRANCHISE and the use of the rights-of-way, easements and other public places allowed hereunder, and effective the first day of the month after the effective date of this FRANCHISE, INDIAN ROCKS BEACHshall be entitled to receive from CLEARWATER a franchise fee which will equal six percent (6%) of the gross receipts from the sale of Gas within the corporate limits of INDIAN ROCKS BEACH for the term of this FRANCHISE. Payment of the franchise fee by CLEARWATER to INDIAN ROCKS BEACH shall be made for each Quarter, no later than the forty-fifth (45th) day after the end of each quarter. The franchise fee payment shall be deemed paid on time if postmarked within forty-five (45) days of the end of the preceding quarter. Gross receipts, for purposes of computing such franchise fee, includes all revenues, less uncollectable accounts, received by CLEARWATER, or any affiliated entity, from or in connection with the distribution of Gas in INDIAN ROCKS BEACH and the transmission of Gas from and through INDIAN ROCKS BEACHby parties other than Clearwater pursuant to the terms of this Franchise;provided, however, gross receipts shall not include franchise fees, taxes, late payment charges, monies for Gas service or a component thereof paid by customers to a third party, unaffiliated with CLEARWATER and where CLEARWATER receives no payment from the third party or the customer; provided, further, gross receipts shall not include monies for Gas service to an industrial customer engaged in manufacturing or processing activities which create or change raw or unfinished materials into another form or product and who consumes the Gas in such activities, including but not limited to activities such as laundry and dry cleaning plants; cold storage plants; steam laundries; machine shops; rebuilders of airplanes and airplane engines; mines; fruit, meat and vegetable packing and pre-cooling plants; quarries; railroad shops; water and sewer treatment plants; sewer lift stations; agricultural pumps; or any company whose Standard Industrial Code (SIC) is classified within the range of 0100-3999, as published by the Occupational Safety and Health Administration (OSHA). "Transmission of Gas" as used in this Section shall mean the transmission of natural gas and/or commingled gas through lines operating at a pressure of one hundred (100) pounds per square inch or above. [GM15-2064-061/224184/1]9 SECTION 12. FAVORED NATIONS. In the event CLEARWATER shall hereafter accept a franchise from any other governmental entity with any provision more favorable to the governmental entity than contained in this franchise where all other conditions of the two franchises are substantially similar, then CLEARWATER shall notify INDIAN ROCKS BEACH and CLEARWATER shall be obligated upon written request of INDIAN ROCKS BEACH to agree to an amendment to this Ordinance to incorporate said provision. To the extent that any federal or state statute, rule, regulation, or any other law is enacted, adopted, repealed, amended, modified, changed or interpreted in any way during the term of this Agreement so as to enhance INDIAN ROCKS BEACH ability to regulate CLEARWATER and the DISTRIBUTION SYSTEM, or allow INDIAN ROCKS BEACH to increase the franchise fee, INDIAN ROCKS BEACH and CLEARWATER shall negotiate in good faith modifications to this franchise ordinance to reflect such enactment, adoption, repeal, amendment, modification, change or interpretation. SECTION 13. SERVICE STANDARDS; EXTENSION POLICY Subject to the parameters of feasibility as set forth herein below, CLEARWATER, its successors and assigns shall furnish twenty four (24) hours of continuous service each and every day to any customer within INDIAN ROCKS BEACH desiring the same and failure upon the part of CLEARWATER to: furnish Gas as herein provided for any cause within the control of CLEARWATER for a period of seventy-two (72) hours or more; and/or other breach of term hereof, either not being corrected within thirty (30) days after written notice by INDIAN ROCKS BEACH thereof, may act as a forfeiture of this FRANCHISEin the discretion of INDIAN ROCKS BEACH. CLEARWATER shall have the opportunity to be heard by INDIAN ROCKS BEACH Commission at a duly convened meeting of the Commission prior to consideration of any such forfeiture. As provided in Section 6 hereof, CLEARWATER herein, its successors and assigns, shall not berequired to lay facilities or equipment beyond such point as it determines to be economically unfeasible, and unless the revenue from such additional facilities or equipment shall warrant such installation on a basis of reasonable compensation or return on CLEARWATER's investment. [GM15-2064-061/224184/1]10 CLEARWATER covenants and agrees that it will not arbitrarily or unreasonably refuse to make extensions when requested to do so by INDIAN ROCKS BEACH. SECTION 14. COSTS; OWNERSHIP; REPAIRS; RELOCATION CLEARWATER shall install the necessary facilities or equipment at its own cost and expense and same shall be and remain the property of CLEARWATER; and CLEARWATER's facilities or equipmentand other physical properties used in connection with the furnishing of GAS under this franchise shall be free from any ad valorem tax of INDIAN ROCKS BEACH as long as the same remains the property of CLEARWATER, except as otherwise provided by applicable Florida Statute or applicable Court decision adopted after date of execution hereof. The mains shall be laid underground and CLEARWATER shall re-pave or re-lay, as promptly as possible, all streets, lanes, alleys, sidewalks, squares, or public places dug or disturbed by it in the installation of said mains or for any other purpose attending such work, and it shall repair and restore such streets, lanes, alleys sidewalks and public places to their former and safe condition and with the same quality of material or its equivalent as was existing before said work commenced, unless there is a previously agreed upon repair schedule. CLEARWATER shall be permitted to perform work on its facilities or extensions of facilities during all daylight hours and perform emergency work after such hours when necessary to restore service or for safety reasons. In all cases the repair work shall be made passable to traffic during conduct of such work as soon as physically possible. Prior to closing of a street in part or in whole, CLEARWATER shall notify and consult with INDIAN ROCKS BEACH; provided, however in the case of an emergency, CLEARWATER shall only be required to notify INDIAN ROCKS BEACH. Should CLEARWATER neglect or refuse to restore or repair without delay after completion of installation and after ten (10) business days written notice, any streets, alleys, lanes, squares, sidewalks or public places which may have been excavated, dug or disturbed by it, its employees or agents, then INDIAN ROCKS BEACH shall have such repairs and restoration done and the expense incident thereto shall be paid by CLEARWATER. In accordance with the ordinance of INDIAN ROCKS BEACH, INDIAN ROCKS BEACH [GM15-2064-061/224184/1]11 shall have the right to control at all times distribution of any space in, over, across or under all streets, alleys, public grounds or other public places, occupied by public utility fixtures, and when, in the opinion of the City Commission, the public interest so requires, to cause such fixtures to be relocated by CLEARWATER or its agent, without claim for reimbursement. Further, INDIAN ROCKS BEACH shall at all times have the power to pass all regulatory ordinances affecting utilities which, in the opinion of the Commission, are required in the interest of public health, safety, welfare or accommodation. Prior to requiring CLEARWATER to relocate, INDIAN ROCKS BEACH shall give CLEARWATER written notice of such requirement and the opportunity to be heard by INDIAN ROCKS BEACH Commission as to the costs of such relocation to CLEARWATER and possible alternative locations and routes, for INDIAN ROCKS BEACH improvements. Ultimately, the decision as to such need for relocation shall be INDIAN ROCKS BEACH. If INDIAN ROCKS BEACH shall require CLEARWATER to adapt or conform any portion of its DISTRIBUTION SYSTEM or in any way to alter, relocate or change its property to enable any other person or third party to use said streets alleys, public grounds or other public places of INDIAN ROCKS BEACH, INDIAN ROCKS BEACH shall require said person or third party desiring or occasioning such alteration, relocation or change to reimburse CLEARWATER for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of CLEARWATER’S facilities. CLEARWATER agrees that it will not intentionally interfere with, change, or injure any water pipes, drains, or sewers of INDIAN ROCKS BEACH unless it has received express permission from INDIAN ROCKS BEACH or its duly authorized representative. Should it become necessary in the installation of Gas lines or facilities to relocate water or sewer lines of INDIAN ROCKS BEACH now or hereafter installed, then such work shall be done at the expense of CLEARWATER and not INDIAN ROCKS BEACH. It is understood that in all instances the facilities of INDIAN ROCKS BEACH shall have a reasonable right-of-way and preference over that of CLEARWATER herein. SECTION 15. INDEMNIFICATION [GM15-2064-061/224184/1]12 To the extent permitted by law, CLEARWATER does hereby and shall at all times indemnify, defend and hold INDIAN ROCKS BEACH harmless from or on account of any claims, losses, injuries or damages, received or sustained by any person or persons caused by or arising out of CLEARWATER’S negligent operation of the DISTRIBUTION SYSTEM within INDIAN ROCKS BEACH during the term of this FRANCHISE, or otherwise negligently caused by CLEARWATER in connection with the operation of CLEARWATER's FRANCHISE pursuant to this Ordinance; or by or in consequence of any negligence, excluding the sole negligence of INDIAN ROCKS BEACH, in connection with the same; or by or on account of the use of any improper materials or by or on account of any negligent act or omission of CLEARWATER, its agents, servants, or contractors. CLEARWATER agrees to defend, indemnify and save harmless INDIAN ROCKS BEACH against liability arising from or based upon violation of any Federal, State, County or Municipal law, ordinance or regulation by CLEARWATER, its agents, servants, employees, or contractors. This indemnification provision obligates CLEARWATER to defend INDIAN ROCKS BEACH from any and all liability claims and all suits and actions that may be brought against INDIAN ROCKS BEACH resulting from the sole negligence of CLEARWATER, its agents, servants or contractors. CLEARWATER may defend INDIAN ROCKS BEACH with CLEARWATER's in-house staff counsel at trial and all appellate levels or CLEARWATER may provide for INDIAN ROCKS BEACH defense with outside counsel by paying for all attorney's fees, costs and trial expenses. The decision to defend with in-house counsel or with outside counsel shall be within CLEARWATER's sole discretion. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity from or limitation of liability to which CLEARWATER or INDIAN ROCKS BEACH is entitled to pursuant to §768.28, Florida Statutes, as may be amended. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense CLEARWATER or INDIAN ROCKS BEACH may have under §768.28 and is not intended to and shall not be interpreted to alter the extent of [GM15-2064-061/224184/1]13 CLEARWATER's or INDIAN ROCKS BEACH waiver of sovereign immunity under §768.28. CLEARWATER and INDIAN ROCKS BEACH shall be fully responsible for their own acts of negligence or their respective agent’s acts of negligence when acting within the scope of their employment, and agree to be liable forany damages resulting from said negligence. Nothing herein shall be construed as consent by either party to be sued by third parties in any manner arising out of this franchise. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. SECTION 16. INSURANCE INDIAN ROCKS BEACH shall be furnished proof of insurance coverage by CLEARWATER to include: General Liability: $200,000.00 per Person/$300,000.00 per Occurrence self- insured retention with statutory limits per Section 768.28, Florida Statutes. Excess Insurance: $7,000,000.00 per Occurrence, $14,000,000.00 Aggregate Excess Insurance with self-insurance retention of $500,000.00. Automobile Liability: $200,000.00 per Person/$300,000.00 per Occurrence self-insured retention with statutory limits per Section 768.28, Florida Statutes. Excess Insurance: $7,000,000.00 per Occurrence, $14,000,000.00 Aggregate Excess Insurance with self-insured retention of $500,000.00 Workers’Compensation and Employer’s Liability:Statutory coverage as per the State of Florida per Occurrence with self-insured retention of $600,000.00, as may be amended based on availability in the insurance marketplace. Excess Insurance applicable per Occurrence. The insurance coverage required herein may be provided by CLEARWATER by self- insurance, by self-funding, by purchase, or by any combination thereof at the sole option of CLEARWATER. Insurance coverage and limits shall be evidenced by delivery to INDIAN ROCKS BEACH of letters of self-insurance or self-funding executed by CLEARWATER's Risk Manager, or by certificates of insurance executed byeither the agent for the insurers or the insurers or by copies of policy declaration pages. Such letters, certificates, and policy declaration pages [GM15-2064-061/224184/1]14 shall list coverages (including the amount of insurance per claim and per occurrence, any gap in coverage, and the name of the excess insurer) and policy limits with expiration dates. Upon the specific written request of INDIAN ROCKS BEACH, a photocopy of each applicable insurance policy, including all endorsements, will be provided to INDIAN ROCKS BEACH. SECTION 17. COMPLIANCE WITH ORDINANCES. CLEARWATER, its successors and assigns, shall at all times comply with all ordinances, rules andregulations enacted or passed by INDIAN ROCKS BEACHnot in conflict with the terms of this FRANCHISE and CLEARWATER shall have the right to make, establish and maintain and enforce such reasonable regulations for the operation of its DISTRIBUTION SYSTEM as may be reasonably necessary and proper, not inconsistent with the terms of this FRANCHISE and the ordinances of INDIAN ROCKS BEACH , and to protect itself from fraud or imposition and may, in its discretion, refuse to furnish Gas and to cut off the supply from any customer or customers who are in default in payment of any bill rendered for such service, as the law may allow. SECTION 18. AVAILABILITY OF RECORDS; MAPS AND REPORTS. As soon as practicable after the effective date of this FRANCHISE, CLEARWATER shall provide INDIAN ROCKS BEACH with a map showing all CLEARWATER's Gas lines and facilities within INDIAN ROCKS BEACH. Upon INDIAN ROCKS BEACH request, CLEARWATER shall provide an update of such map to reflect changes in Clearwater's Gas lines and facilities. Further, CLEARWATER in accordance with applicable law, shall provide for review and inspection of such maps and also accounts and records of CLEARWATER and/or all such information regarding INDIAN ROCKS BEACH that INDIAN ROCKS BEACH or its representatives may from time to time reasonably request or require. CLEARWATER's financial records shall be kept and maintained in accordance with generally accepted accounting principles. All of these records shall, on written request of INDIAN ROCKS BEACH, be open for examination by INDIAN ROCKS BEACH and INDIAN ROCKS BEACH representatives during ordinary business hours, and such records shall be retained by CLEARWATER for a period of three (3) years, or as otherwise required by law. Upon any map information of CLEARWATER [GM15-2064-061/224184/1]15 becoming available in electronic format, CLEARWATER shall at INDIAN ROCKS BEACH request make any map information available in that format. SECTION 19. ASSIGNMENT OF GRANT. This grant or FRANCHISE, or any renewals thereof, shall not be leased, assigned, or otherwise alienated, except with the consent of the INDIAN ROCKS BEACH City Commission expressed by Resolution, which consent shall not be unreasonably withheld, and evidence by a written assignment and consent to same. In consideration of consenting to such assignment the matters which may be considered by the Commission are the financial wherewithal and technical experience and capabilities of the proposed Assignee. Notwithstanding the foregoing, CLEARWATER may, at its option alienate and transfer this FRANCHISE in connection with its merger and consolidation with any other entity or pledge or mortgage such FRANCHISE in connection with the physical property owned and used by CLEARWATER in the operation of its DISTRIBUTION SYSTEM for the purpose of securing payment of monies borrowed by CLEARWATER, provided that any successor-in-interest to the DISTRBUTION SYSTEM agrees to be bound by the terms of the Franchise Agreement. SECTION 20. CONFLICT; FILING. Upon the effective date of the FRANCHISE, the franchise provided in INDIAN ROCKS BEACH Ordinance No. 451, passed and adopted on May 16, 1988, as amended by Ordinance No. 601, passed and adopted on November 11, 1995, shall be of no further force and effect. Upon full execution hereof, CLEARWATER shall file with the Clerk a fully executed copy of this ordinance for recording in the public records in and for Pinellas County, Florida. SECTION 21. ALTERNATIVE REMEDIES. No provision of this ordinance or the FRANCHISE granted hereunder shall be deemed to bar the right of either Party to seek or obtain judicial relief from a violation of any provision of this ordinance, the FRANCHISE or any rule, regulation requirement or directive promulgated under the FRANCHISE, whether administratively, judicially, or both. Neither the existence of other remedies identified in this ordinance nor the exercise thereof shall be deemed to bar or [GM15-2064-061/224184/1]16 otherwise limit the right of either Party to recover fines, penalties or monetary damages for such violation by means of specific performance, injunctive relief or mandate or any other administrative remedy or judicial remedy at law or in equity. SECTION 22. ENTIRE AGREEMENT (a) CLEARWATER acknowledges that upon its acceptance of the FRANCHISE it does so relying upon its own investigation and understanding of the power and authority of a municipality generally to enter into a FRANCHISE AGREEMENT. The Franchise granted herein shall not become effective in whole or in part until the Grantee shall, by Resolution duly passed and adopted by its Council, accept the Franchise, privileges and concession herein granted and in said resolution, agree to comply with the terms and conditions of the said franchise and said resolution to contain an agreement to comply with all reasonable ordinances passed by the City Commission of INDIAN ROCKS BEACH not in conflict with the terms of said Franchise, a certified copy thereof to be delivered to the City Clerk of the CITY of INDIAN ROCKS BEACH. Upon the receipt of a certified copy of the resolution aforesaid, this ordinance and the franchise therein provided shall become effective for all purposes. (b) Each party, by making this agreement, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the other party or by any third person regarding the FRANCHISE not expressed herein. CLEARWATER further pledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the FRANCHISE. (c) Each party further acknowledges that it has carefully read the terms and conditions of this ordinance that also operates as the FRANCHISE AGREEMENT and accepts without reservation the obligations imposed by the terms and conditions herein and in the FRANCHISE AGREEMENT. (d) CLEARWATER shall provide timely written notice to INDIAN ROCKS BEACH for any waivers, exceptions, or declaratory rulings, filed with the FPSC or any other state [GM15-2064-061/224184/1]17 or federal regulatory agency, directly affecting the FRANCHISE AGREEMENT with INDIAN ROCKS BEACH. SECTION 23. CHANGES IN PROVISIONS HEREOF Changes in the terms and conditions hereof may be made by written amendment to this Ordinance between INDIAN ROCKS BEACH and CLEARWATER, passed and adopted by ordinance or resolution as applicable, by both parties. SECTION 24. GOVERNING LAW This ORDINANCE and the FRANCHISE created hereunder shall be governed by the laws of the State of Florida and applicable federal law. SECTION 25. NOTICE Notice under this Agreement shall be in writing and sent by Registered or Certified Mail, Return Receipt Requested, or by courier, express or overnight delivery, and by confirmed e-mail. The date such notice shall be deemed to have been given shall be the business day of receipt if received during business hours, the first business day after the business day of receipt if received after business hours on the preceding business day, the first business day after the date sent by courier, express or overnight ("next day delivery") service, or the third business day after the date of the postmark on the envelope if mailed, whichever occurs first. Notices to CLEARWATER shall be sent to: Chuck Warrington Attn: Mayor Managing Director City of Clearwater Clearwater Gas System 112 S. Osceola Ave. P.O. Box 4748 Clearwater, Florida 33756-5103 Clearwater, Florida 33758 Notices to INDIAN ROCKS BEACH shall be sent to: Attn: City Manager Attn: Mayor 1507 Bay Palm Blvd.1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785 Indian Rocks Beach, FL 33785 [GM15-2064-061/224184/1]18 Any party hereto may change its address or designate different or other persons or entities to receive copies by notifying the other party in a manner described in this Section. SECTION 26. SEVERABILITY If any section, part of section, paragraph, sentence, or clause of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof. If either party to this Franchise Agreement feels that elimination of the specific portion of the Franchise Agreement adjudged to be invalid results in significant adverse consequences to it, then that party may terminate this Franchise Agreement by providing thirty (30) days written notice to the other party. SECTION 27. EFFECTIVE DATE This FRANCHISE shall become effective upon the first day of the month after approval by CLEARWATER by resolution, duly passed and adopted by its City Council, accepting the franchise granted herein. SECTION 28. This Ordinance shall take effect immediately upon passage and adoption. [GM15-2064-061/224184/1]19 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE INDIAN ROCKS BEACHCITY OF INDIAN ROCKS BEACH, FLORIDA, THIS ______ DAY OF _____ _, 2018. ____________________________ Mayor ATTEST: ____________________________ City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5409 Agenda Date: 11/15/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Communications Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to Encore Broadcast Equipment, Inc. of Tampa, FL, in the amount of $153,355.74 for labor and equipment to relocate the broadcast facilities from City Hall to the Clearwater Main Library, providing for upgrades to the broadcast equipment, and securing of unused broadcast equipment, in accordance with City Code of Ordinances 2.564(1)(b) Other Governmental Bids, and authorize the appropriate officials to execute same. SUMMARY: City Council authorized staff to vacate City Hall and relocate Council Chambers to the Clearwater Main Library. The estimate provided includes the costs to move the broadcast facilities to the Clearwater Main Library, enhance the broadcast equipment to provide for improved functionality, and remove any broadcast equipment currently in the city council chambers for storage or reuse in other parts of the city. The construction of a new dais accounts for $46,790.59 of the $153,355.74 quote. This construction will include for a dais which is mobile and if desired can be moved to a future city council chambers. Those costs can be reduced by $6,000 if it is determined that the finish of the counter top should be laminate versus granite, and by another $10,370 if it is determined that the metal railing and glass partitions which are a part of the design are not desired. The removal of equipment from the current council chambers will cost around $8,000 in labor, with many of those costs being for equipment that will be stored or repurposed elsewhere in the city. The remaining $98,565.15 is split between $47,565.15 in equipment and $51,000 in labor. Of the $47,565.15 in equipment costs, approximately $5,000 relates to equipment which supports the status quo. The remaining amount is focused on four enhancements. It is important to note that many of these costs are crossover cost and would be shared, so removing an enhancement does not necessarily mean a full adjustment to the estimated costs. Power upgrades The current chambers does not employ uninterrupted power supplies for either the dais or the equipment supporting broadcasting. $3,000 of the bid provides UPS systems for all equipment. Multi Zone Speaker system Page 1 City of Clearwater Printed on 11/14/2018 File Number: ID#18-5409 The current chambers operate with a single speaker system. This results in challenges to those in the audience to hear what is occurring without affecting the council and staff on the dais. Approximately $8,000 supports the upgrades to this system. Press Hookup Currently the members of the media must be in the room with their equipment and wiring to capture elements of the meeting. This upgrade would allow for the media members to have their equipment and wiring in the hallway area along Osceola. $3,000 supports this upgrade. Enhanced Configuration The major upgrade relates to equipment related to a change to the configuration of the dais. The current set up has full functionality for the Mayor, Council, and CM/CA/DCM/ACM positions, but limited functionality for the clerks’ seating. Additionally, other boards have unique configuration needs, the most extreme being the code enforcement board. This board often has the need to have a set up more akin to a court room where witnesses can be questioned. This enhancement is estimated at $29,000. The remaining $51,000 in labor is split between the enhancements and the status quo items, and it is difficult to estimate the savings in this line item without choosing to requote the total number. While this move does include enhancements discussed above, staff has been advised that this is the time to do such improvements and that they will improve the experience for all involved. While the quote for the project to the city is $153,355.74, the net cost to the city will be closer to $113,355.74, as this project will result in the reuse of a piece of equipment valued at $40,000 rather than the purchase of that equipment for a planned fire department project. The 30-day move will require the Council Chambers to be deconstructed and reconstructed during a time when there are no televised meetings. This will occur between mid-December and mid-January. Encore is using pricing from Hillsborough County Schools Bid #14115 EST. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital improvement project C1909, City Hall Move, recognizing a budget increase of General Fund revenue in the amount of $215,000 to fund this project. USE OF RESERVE FUNDS: Funding for this project will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $215,000 to capital improvement project C1909, City Hall Move. Inclusive of this item if approved, a net total of $578,370 of General Fund reserves has been appropriated by Council to fund expenditures in the 2018/19 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $9.1 million, or 6.1% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 11/14/2018 File Number: ID#18-5409 Page 3 City of Clearwater Printed on 11/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5408 Agenda Date: 11/15/2018 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: City Manager/City Attorney Salary Discussion SUMMARY: The performance evaluation discussions for the City Manager and City Attorney were conducted by City Council at the October 18, 2018 council meeting. Council discussion concerning salary is conducted at a subsequent meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/14/2018