11/18/2019Monday, November 18, 2019
9:00 AM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Council Work Session
Meeting Agenda
November 18, 2019Council Work Session Meeting Agenda
1. Call to Order
2. Presentations
2.1 November Service Awards
3. City Manager
3.1 Approve a three-year Clearwater Beach Route Funding Agreement between
Pinellas Suncoast Transit Authority (PSTA) and the City for an amount equal to
actual revenue hours multiplied by 25% of the rate billed to PSTA by Jolley
Trolley along the Clearwater Beach Route and authorize the appropriate
officials to execute same. (consent)
4. Finance
4.1 Approve the renewal of an Agreement with Commercial Risk Management, Inc.,
of Tampa, Florida, for the management and administration of workers
compensation claims, from February 1, 2020 through January 31, 2021,
pursuant to Clearwater Code of Ordinances Section 2.564 (l) (i), services
associated with Workers Compensation exempt from bidding for a
not-to-exceed total of $25,000; and authorize the appropriate officials to execute
same. (consent)
4.2 Approve a two-year renewal of CorVel Healthcare Corporation’s Agreement for
the review of Workers Compensation Medical bills and Pharmacy Benefit
Management services in the not-to-exceed amount of $170,000 for term
January 1, 2020 through December 31, 2021, pursuant to Clearwater Code of
Ordinances Section 2.564 (l) (i), services associated with Workers
Compensation exempt from bidding; and authorize the appropriate officials to
execute same. (consent)
4.3 Authorize the issuance of not-to-exceed $30,000,000 of City of Clearwater,
Florida Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater
Improvements) and adopt Resolution 19-34.
5. Parks and Recreation
5.1 Phillies Update (WSO)
6. Engineering
6.1 Approve a six-year agreement with Reiss Engineering, Inc., of Orlando, FL, in
the amount of $4,175,000 for Water and Reclaimed Water Program Consultant
Services (18-0040-UT) and authorize the appropriate officials to execute same.
(consent)
Page 2 City of Clearwater Printed on 11/18/2019
November 18, 2019Council Work Session Meeting Agenda
6.2 Accept a sidewalk easement from the property owner for the installation, repair
and maintenance of a sidewalk on real property located at 380 S. Martin Luther
King Jr. Avenue and adopt Resolution 19-36.
6.3 Grant two Perpetual Easements to the Florida Department of Transportation for
the purpose of constructing and maintaining a pedestrian overpass at Harn
Boulevard and U.S. 19 North, authorize the appropriate officials to execute
same and adopt Resolution 19-39.
7. Planning
7.1 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 2048 The Mall, and pass Ordinances 9328-19,
9329-19 and 9330-19 on first reading. (ANX2019-09019)
7.2 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 2765 Avocado Drive, and pass Ordinances
9331-19, 9332-19, and 9333-19 on first reading. (ANX2019-09020)
7.3 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 1717 Grove Drive, and pass Ordinances
9334-19, 9335-19, and 9336-19 on first reading. (ANX2019-09021)
7.4 Approve amendments to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines to update the public boardwalk standards in
“Marina District Boardwalk Design Guidelines and Specifications,” and pass
Ordinance 9340-19 on first reading.
7.5 Approve amendments to the Code of Ordinances amending Chapter 25 - Public
Transportation Carriers, Article I - Public Conveyances to define micromobility
device, motorized scooter, and shared mobility device provider and make other
amendments to related definitions, to establish standards for micromobility
devices, to require a license for shared mobility devices offered for rent within
the city, and to add penalties; and pass Ordinance 9348-19 on first reading.
7.6 Approve the second amendment to an existing Development Agreement
between Triprop Clearwater, LLC (as assigned by Alanik Properties; Anco
Holdings, LLC; Nikana Holdings, LLC) (the property owner) and the City of
Clearwater for property located at 401, 411, 421, 425 and 431 South Gulfview
Boulevard, which adds Exhibit A-1 to provide an updated legal description to
include parcel 07-29-15-52380-000-0780 to the subject site and replaces
Exhibit B with Exhibit B-1 to provide new conceptual site plans and elevations,
updates Exhibits C and D regarding any references to the legal description and
proposed number of overall hotel units, adds Exhibit E which provides specific
language germane to the pedestrian bridge regarding construction and
maintenance and sets a new date by which time site plan approval must be
obtained, authorize the appropriate officials to execute same and adopt
Resolution 19-23. (HDA2014-06004A)
Page 3 City of Clearwater Printed on 11/18/2019
November 18, 2019Council Work Session Meeting Agenda
8. Police Department
8.1 Authorize award of Invitation to Bid Number 56-19, Police Clothing and
Equipment, to Galls, LLC of Lexington, KY, for an annual not-to-exceed amount
of $75,000 with option for two one-year term extensions and authorize the
appropriate officials to execute same. (consent)
9. Solid Waste
9.1 Declare list of vehicles and equipment surplus to the needs of the City;
authorize disposal through sale to the highest bidder at the Tampa
Machinery Auction, Tampa, Florida, pursuant to City Code Section
2.622, Surplus Personal Property; and authorize the appropriate officials
to execute same. (consent)
10. Legal
10.1 Request for authority to settle case of City of Clearwater v. Avanthony, LLC,
Case No. 18-8490-CI. (consent)
10.2 Request for authority to institute a civil action on behalf of the City against
Bayonet Plumbing, Heating and Air-Conditioning, LLC to recover $1,439.19 for
damages to city property. (consent)
10.3 Adopt Ordinance 9350-19 on second reading, amending the Clearwater Code
of Ordinances, Section 2.082, changing the composition of the Airpark Advisory
Board to allow ex-officio members.
11. City Manager Verbal Reports
11.1 City Hall Site Selection
11.2 Provide update on the status of matters relating to the redevelopment of
Coachman Park (Imagine Clearwater).
12. City Attorney Verbal Reports
13. Council Discussion Item
13.1 Identify Site for Downtown Parking Garage - Councilmember Polglaze
13.2 Fence Code Amendment - Councilmember Polglaze
13.3 Kratom Use in Clearwater - Councilmember Hamilton
Page 4 City of Clearwater Printed on 11/18/2019
November 18, 2019Council Work Session Meeting Agenda
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
15. Closing Comments by Mayor
16. Adjourn
17. Presentation(s) for Council Meeting
17.1 November Service Awards
17.2 Citizens Academy 2019 Graduation
Page 5 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6956
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
November Service Awards
SUMMARY:
5 Years of Service
John Guzzi Marine & Aviation
Norman Runkles Police
Jason Cantrell Planning and Development Services
Hayley Hollinger Library
Deborah Svitak Office of Management & Budget
10 Years of Service
Dana Root Planning and Development Services
15 Years of Service
Adriana Topel Library
Patricia Stephen-Zitouni Official Records and Legislative Services
James Reilly Police
Natalia Illich-Hailey Police
Debra Furlin Library
Charles Scrivens Parks and Recreations
Gretchen Fowler Police
20 Years of Service
Elliot Shoberg Engineering
Donald Packer Gas
Gina Clayton Planning and Development Services
Sandra Clayton Parks and Recreation
Harold Sanders Solid Waste
William Stringfellow Engineering/Parking
25 Years of Service
Brian Ravins Finance
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ID#19-6956
David Stoner Jr.Library
30 Years of Service
Reina Carbajal Library
Aundra Williams Solid Waste
Page 2 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7031
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve a three-year Clearwater Beach Route Funding Agreement between Pinellas Suncoast
Transit Authority (PSTA) and the City for an amount equal to actual revenue hours multiplied by
25% of the rate billed to PSTA by Jolley Trolley along the Clearwater Beach Route and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater and Pinellas Suncoast Transit Authority (PSTA) entered into a one-year
agreement to fund the Non-Spring Break related Jolley Trolley service since 2016 and amended
that agreement in 2017 and 2018 to extend the funding to those years. The agreement funded
the Clearwater Beach Route, which provided service from Island Estates to North Beach and
South Beach. That agreement called for the City and PSTA to split the remaining cost of Jolley
Trolley operations after estimated advertising and farebox revenues were applied. The City
capped its contribution to the expense at 10,417 revenue hours.
In review of the agreement this year, both PSTA and the City identified challenges in continuing
with the past formula that was related to a separate 2017 agreement between Jolley Trolley and
PSTA, which altered the way Jolley Trolley and PSTA receive revenues, making tracking
revenues much more difficult. In response to this, the City and PSTA worked to identify an
alternative formula, which both agree is more functional and appropriate.
The new formula calls for the City to pay PSTA for 25% of the revenue hours billed to PSTA by
Jolley Trolley for the Beach Route, at a rate consistent with the contract rate agreed upon in the
PSTA/Jolley Trolley agreement. Additionally, the new agreement is a three-year agreement
instead of a one-year agreement and while the number of revenue hours the City pays for will
remain at 25%, the rate at which we will be required to pay will escalate in a manner consistent
with the contract rate agreed upon in the PSTA/Jolley Trolley agreement (roughly 3% per year)
as defined by the agreement.
PSTA has also requested an increase in the number of hours the City will pay. As stated
above, the original agreement called for the city to pay revenue hours in an amount not to
exceed 10,417 annually using a route that serviced North and South Beach from Island Estates
with service on the half-hour. In 2018, PSTA added a stop to Downtown Clearwater and the
new Clearwater Beach Transfer Station (CBTS) and began funding an additional trolley to
maintain the half-hour service delivery time on the South Beach Route, which caused revenue
hours for the Jolley Trolley to exceed the City’s not to exceed amount of 10,417 annually. PSTA
has been required to cover those added costs since 2018 but is now asking the City to
contribute to the expanded service and has expressed that it will need to revert to the previous
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7031
service model if the City is not willing to fund the expanded service. Staff has identified below
the impact of both options for council review:
1)Fund added service to Downtown - 14,136 estimated annual hours (current operations
since February 2018), includes:
North Beach Route serving North Mandalay to north Island Estates (1 vehicle for regular
daily service) (30 min headway)
South Beach Route serving Sand Key to Downtown Clearwater/Park Street Terminal (2
vehicles for regular daily service) (30 min headway)
Cost of option 1 to the city in FY (Fiscal Year) 2020 is estimated at $285,547 for year 1 of
the agreement. The budget for FY21 and FY22 will be requested at this level plus a 3%
escalator.
2)Fund original service only - 9,617 estimated annual hours (historic routing ended with
opening of CBTS in February 2018), includes:
North Beach Route serving North Mandalay to north Island Estates (1 vehicle for regular
daily service) (30 min headway)
South Beach Route serving Sand Key to Island Estate Publix (1 vehicle for regular daily
service) (30 min headway)
No direct Jolley Trolley service to Downtown Clearwater - requires transfer to Suncoast
Beach Trolley or Coastal Routes at CBTS or Marina
Cost of Option 2 to the City in FY2020 is estimated at $194,263 for year 1 of the agreement.
The FY2019 ridership numbers for the Jolley Trolley were 389,822. This includes ridership
during Spring break. Since option 1 provides direct Jolley Trolley service to downtown and
results in improved on time performance and service reliability, staff is recommending option 1.
APPROPRIATION CODE AND AMOUNT:
4351333-581000
Funds are included in the approved FY2020 Parking System operating budget for the first year
of this agreement. Consistent with the approval of this agreement, funding for fiscal year 2021
and 2022 will be included in the department’s budget request.
Page 2 City of Clearwater Printed on 11/18/2019
RENEWED AND RESTATED
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING
AGREEMENT (Agreement) is entered into effective October 1, 2019, by and between the
PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its
principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of
business located at 600 Cleveland Street, Clearwater, Florida 33756 (City of
Clearwater)(collectively, the “Parties”) to reinstate, renew, and amend that certain Clearwater
Beach Route Funding Agreement originally entered into by the Parties on September 20, 2016, as
amended and renewed by that certain First Amendment effective October 1, 2017 and the Second
Amendment effective October 1, 2018 (the Original Agreement). A copy of the Original
Agreement is attached to this Agreement as Exhibit “A”.
WHEREAS, pursuant to the Original Agreement, City of Clearwater has been contributing
funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route;
and
WHEREAS, PSTA provides such service by and through its current contract with Jolley
Trolley Transportation of Clearwater, Inc., (Jolley Trolley) effective October 1, 2017 through
September 30, 2022, as may be amended from time to time (the Jolley Trolley Agreement); and
WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding
contributions to Jolley Trolley in exchange for fixed route trolley services along the Clearwater
Beach Route; and
WHEREAS, PSTA would not have entered into the Jolley Trolley Agreement without the
shared contribution of the City of Clearwater, as contemplated in the Original Agreement and this
Agreement; and
WHEREAS, the Parties desire to continue the Original Agreement on the terms and
conditions stated herein.
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein by
reference.
2. BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA’s
financial obligations under the Jolley Trolley Agreement in an amount equal to the
actual revenue hours multiplied by twenty-five percent (25%) of the rate billed to PSTA
by Jolley Trolley along the Clearwater Beach Route for each fiscal year this Agreement
is in effect. A map of the Clearwater Beach Route is attached to this Agreement as
Exhibit “B”. PSTA will send an invoice to City of Clearwater no later than the fifteenth
AMENDMENT 3 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Page 2 of 4
(15th) day of the month immediately following the month during which fixed route
trolley services were provided along the Clearwater Beach Route. Each invoice shall
be based on actual revenue hours provided and shall include a copy of Jolley Trolley’s
invoice to PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of
the month following receipt of such invoice. For the fiscal year beginning October 1,
2019 and ending September 30, 2020, it is estimated that the City of Clearwater’s
funding contribution amount will not exceed Two Hundred Eighty-five Thousand
Five Hundred Forty-seven U.S. Dollars and NO/100 ($285,547) in the aggregate.
This annual estimated amount shall increase each fiscal year, in accordance with the
rate schedule provided for in the Jolley Trolley Agreement. It is expressly
acknowledged that the Jolley Trolley rates will increase each fiscal year pursuant to the
terms of the Jolley Trolley Agreement and that City of Clearwater will continue to pay
25% of such increased rates pursuant to the terms of this Agreement.
3. ANNUAL APPROPRIATIONS; FAILURE TO MAKE PAYMENT. In the event that
the City of Clearwater determines that sufficient budgeted funds are not available to
appropriate for payments due to PSTA under this Agreement, the City of Clearwater
shall notify PSTA of such occurrence and this Agreement shall terminate on the last
day of the then current fiscal period, and the City of Clearwater shall not owe PSTA
any further contribution towards PSTA’s financial obligations under the Jolley Trolley
Agreement. However, in the event this Agreement is terminated, such termination may
result in the termination of the Trolley Services along the Clearwater Beach Route. For
purposes of this Section, the term “fiscal period” means the period between October 1st
and September 30th.
4. EFFECTIVE DATE. This Agreement shall take effect on the first date above written
and shall terminate on September 30, 2022; the expiration or termination of the Jolley
Trolley Agreement, however terminated;, or expiration or termination of this
Agreement as provided herein, whichever occurs first. To the extent that this
Agreement conflicts with the Original Agreement, the provisions of this Agreement
shall govern.
5. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that
they are authorized to enter into this Agreement without the consent or joinder of any
other person or entity and that the individuals executing this Agreement have full power
and authority to bind their respective parties hereto. Nothing contained herein shall be
construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement.
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Page 3 of 4
[Remainder of this page intentionally left blank]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date
first above written.
PINELLAS SUNCOAST TRANSIT AUTHORITY
ATTEST:
_________________________ ________________________________
Rachael Cappolla Brad Miller, Chief Executive Officer
APPROVED AS TO FORM:
________________________
Alan S. Zimmet, General Counsel
[Remainder of this page intentionally left blank – City of Clearwater Signature Page Follows]
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Page 4 of 4
CITY OF CLEARWATER
Countersigned:
______________________________ __________________________________
George Cretekos William B. Horne, III
Mayor City Manager
Approved as to form: Attest:
_________________________ _________________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS SECOND AMENDMENT TO CLEARWATER BEACH ROUTE FUNDING
AGREEMENT (Second Amendment) is entered into on this //M day of
2018, by and between the PINELLAS SUNCOAST TRANSIT
AUTHORITY, an independent special district, with its principal place of business located at
3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, with its principal place of business located at 112 South
Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the "Parties") to
amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the
Parties on September 20, 2016, as amended and renewed by that certain First Amendment
effective October 1, 2017 (the Agreement).
WHEREAS, pursuant to the Agreement, City of Clearwater has been contributing
funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route,
and
WHEREAS, the Parties desire to continue the Agreement as amended by this Second
Amendment; and
WHEREAS, unless otherwise defined in this Second Amendment, all capitalized terms
used in this Second Amendment shall have the meaning defined in the Agreement.
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Section 2 ofthe Agreement is hereby amended to read as follows:
BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement for the actual revenue hours
provided along the Clearwater Beach Route for each fiscal year the Agreement is in
effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth
5th) 1day of the month immediately following the month during which fixed route
trolley services were provided along the Clearwater Beach Route. Each invoice shall
be based on actual revenue hours provided. City of Clearwater shall remit payment on
the fifteenth (15th) day of the month following receipt of such invoice. For the fiscal
year beginning October 1, 2018 and ending September 30, 2019, the funding
contribution amount shall not exceed Two Hundred and Eighteen Thousand Five
Hundred Twelve U.S. Dollars and NO/100 ($218,512).
3. This Second Amendment shall be effective October 1, 2018 through the term of the
Agreement. All other provisions of the Agreement not specifically amended by this
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Second Amendment, shall remain in full force and effect. To the extent that this
Amendment conflicts with the Agreement, the provisions of this Second Amendment
shall govern.
1N WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed as of
the date first above written.
ATTEST:
APPROVED AS TO FORM:
Alan S. Zi
Remain
Page 2 of 3
neral Counsel
PINELLAS SUNCOAST TRANSIT AUTHORITY
Brad Miller, Chief Executive Officer
er of this page intentionally left blank — City ofClearwater Signature Page Follows]
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Countersigned:
t Qo/ltv \tot
George N. Cretekos, Mayor
Attest:
0 -u -
Rosemarie Call, City
CITY OF CLEARWATER
id:Luiz. 6. 4L4A.,---Jr
William B. Horne, II, City Manager
Approved as to form:
Page 3 of 3
aura Mahony, Assistant City mey
Existing Service
±
0 0.5 10.25 Miles
Legend
Jolley Trolley South Beach
Jolley Trolley North Beach
Jolley Trolley Coastal
Suncoast Beach Trolley
11/8/19
Jolley Trolley Beach Routes - Option 1
±
0 0.5 10.25 MilesSand Key
Legend
Jolley Trolley South Beach
Jolley Trolley North Beach
JT South Beach Route Terminus
11/8/19
ParkStreetTerminal
Jolley Trolley Beach Routes - Option 2
±
0 0.5 10.25 MilesSand Key
Legend
Jolley Trolley South Beach
Jolley Trolley North Beach
JT South Beach Route Terminus
11/8/19
Publix @Island Estates
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7075
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the renewal of an Agreement with Commercial Risk Management, Inc., of Tampa,
Florida, for the management and administration of workers compensation claims, from
February 1, 2020 through January 31, 2021, pursuant to Clearwater Code of Ordinances
Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding for
a not-to-exceed total of $25,000; and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The Risk Management Division of the Finance Department has a current agreement approved
in February 2019 by City Council, expiring January 31, 2020 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). Their services would be needed if the City receives an overload of
complicated medical claims or if City claims staff issues arose.
The requested renewal retains the same fee structure as the current agreement. An annual
administrative fee of $2,500 has been added to provide consulting services on pending claims,
which will greatly benefit the City administration of claims.
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 third annual term of this Agreement will commence February 1, 2021 and will have one
additional renewal term option 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 when
needed. Staff projects a potential of 20 - 25 claims annually which may be referred for their
services.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7075
Account # 5909830-530300 $25,000
Page 2 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7078
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a two-year renewal of CorVel Healthcare Corporation’s Agreement for the review of
Workers Compensation Medical bills and Pharmacy Benefit Management services in the
not-to-exceed amount of $170,000 for term January 1, 2020 through December 31, 2021,
pursuant to Clearwater Code of Ordinances Section 2.564 (l) (i), services associated with
Workers Compensation exempt from bidding; and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
Council previously approved the current pricing agreement with CorVel, for the period January 1
through December 31, 2019, with a not-to-exceed amount of $120,000.
For the renewal of January 1, 2020, CorVel has proposed a two-year amendment to the original
agreement which will increase the Bill Review Service Fee from $6.90/bill to $7.11/bill through
December 31, 2020, and $7.32/bill through December 31, 2021. All other rates will remain the
same. This is the final renewal allowed under the Council approved agreement that was initially
effective January 1, 2017 thru December 31, 2017.
Staff is requesting a not-to-exceed amount of $170,000 for the two-year period of January 1,
2020 through December 31, 2021.
The new rate structure will result in an estimated 1% increase in total costs over the previous
year.
APPROPRIATION CODE AND AMOUNT:
Account# 5907590-545800 $170,000
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 19-34
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Finance
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Authorize the issuance of not-to-exceed $30,000,000 of City of Clearwater, Florida Non-Ad
Valorem Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) and adopt
Resolution 19-34.
SUMMARY:
Resolution 19-34 authorizes the issuance of not-to-exceed $30,000,000 of City of Clearwater,
Florida Non-Ad Valorem Revenue Bonds, Series 2020, to finance and/or reimburse a portion of
the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving,
and equipping of the Imagine Clearwater Project.
The bonds will be issued as covenant to budget and appropriate legally available non-ad
valorem revenues bonds (CBA bonds). CBA bonds are not a traditional revenue pledge (such
as a Stormwater revenue bond), but rather a covenant, or “promise” to budget and appropriate
non-ad valorem revenues each budget year, sufficient to pay debt service and other costs of
the bonds. In addition, this resolution provides for certain covenants and agreements for the
benefit of the bondholders and authorizes certain officials and employees to take all actions
needed in connection with the sale.
Page 1 City of Clearwater Printed on 11/18/2019
Resolution No. 19-34
RESOLUTION NO. 19-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $30,000,000 CITY OF CLEARWATER, FLORIDA NON-AD
VALOREM REVENUE BONDS, SERIES 2020 (IMAGINE CLEARWATER
IMPROVEMENTS) FOR THE PURPOSES OF FINANCING AND/OR
REIMBURSING A PORTION OF THE COSTS OF ACQUISITION,
DESIGN, CONSTRUCTION, RECONSTRUCTION, RENOVATION,
EXPANSION, IMPROVING AND EQUIPPING OF THE IMAGINE
CLEARWATER PROJECT; COVENANTING TO BUDGET AND
APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES
TO PROVIDE FOR THE PAYMENT OF SUCH BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF
THE HOLDERS OF SUCH BONDS; AUTHORIZING CERTAIN OFFICIALS
AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN
CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF SUCH
BONDS; TAKING CERTAIN OTHER ACTIONS WITH RESPECT TO
SUCH BONDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE VALIDATION OF THE BONDS; PROVIDING FOR CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. 19-34
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TABLE OF CONTENTS
ARTICLE I GENERAL................................................................................................. 1
SECTION 1.01. DEFINITIONS. ...................................................................... 1
SECTION 1.02. AUTHORITY FOR RESOLUTION. ......................................... 6
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. ..................... 6
SECTION 1.04. FINDINGS. ............................................................................ 6
SECTION 1.05. THE PROJECT. ...................................................................... 7
ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF
BONDS ....................................................................................................................... 7
SECTION 2.01. AUTHORIZATION OF BONDS. ............................................ 7
SECTION 2.02. DESCRIPTION OF BONDS. ................................................... 8
SECTION 2.03. APPLICATION OF BOND PROCEEDS. ................................. 9
SECTION 2.04. EXECUTION OF BONDS. ...................................................... 9
SECTION 2.05. AUTHENTICATION. ............................................................ 9
SECTION 2.06. TEMPORARY BONDS. .......................................................... 9
SECTION 2.07. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. .... 10
SECTION 2.08. TRANSFER. ......................................................................... 10
SECTION 2.09. BOOK ENTRY. .................................................................... 12
SECTION 2.10. FORM OF BONDS. .............................................................. 13
ARTICLE III REDEMPTION OF BONDS ................................................................... 20
SECTION 3.01. PRIVILEGE OF REDEMPTION. ........................................... 20
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. ...................... 20
SECTION 3.03. NOTICE OF REDEMPTION. ................................................ 20
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. ......................... 21
SECTION 3.05. PAYMENT OF REDEEMED BONDS. ................................... 21
ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF............. 22
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. .............. 22
SECTION 4.02. BONDS SECURED BY PLEDGE OF PLEDGED FUNDS. ....... 22
SECTION 4.03. CONSTRUCTION FUND. .................................................... 24
SECTION 4.04. FUNDS AND ACCOUNTS. ................................................. 24
SECTION 4.05. FLOW OF FUNDS................................................................ 24
SECTION 4.06. INVESTMENTS. .................................................................. 25
SECTION 4.07. SEPARATE ACCOUNTS...................................................... 25
ARTICLE V OTHER OBLIGATIONS AND COVENANTS OF ISSUER ....................... 26
SECTION 5.01. TAX COVENANTS. ............................................................. 26
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SECTION 5.02. BOOKS AND RECORDS. ..................................................... 26
SECTION 5.03. ANNUAL AUDIT. ............................................................... 26
SECTION 5.04. NO IMPAIRMENT............................................................... 27
ARTICLE VI DEFAULTS AND REMEDIES................................................................ 27
SECTION 6.01. EVENTS OF DEFAULT. ....................................................... 27
SECTION 6.02. REMEDIES. ......................................................................... 27
SECTION 6.03. DIRECTIONS TO PAYING AGENT AS TO REMEDIAL
PROCEEDINGS........................................................................ 28
SECTION 6.04. REMEDIES CUMULATIVE. ................................................. 28
SECTION 6.05. WAIVER OF DEFAULT. ...................................................... 28
SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. ................. 29
ARTICLE VII SUPPLEMENTAL RESOLUTIONS ....................................................... 30
SECTION 7.01. SUPPLEMENTAL RESOLUTIONS WITHOUT
BONDHOLDERS' CONSENT. .................................................. 30
SECTION 7.02. SUPPLEMENTAL RESOLUTIONS WITH
BONDHOLDERS' CONSENT. .................................................. 30
ARTICLE VIII MISCELLANEOUS ............................................................................. 32
SECTION 8.01. DEFEASANCE..................................................................... 32
SECTION 8.02. GENERAL AUTHORITY. .................................................... 33
SECTION 8.03. INTERESTED PARTIES........................................................ 33
SECTION 8.04. NO PERSONAL LIABILITY. ................................................ 33
SECTION 8.05. SEVERABILITY OF INVALID PROVISIONS. ....................... 34
SECTION 8.06. REPEAL OF INCONSISTENT RESOLUTIONS. .................... 34
SECTION 8.07. DECLARATION OF OFFICIAL INTENT. ............................. 34
SECTION 8.08. VALIDATION AUTHORIZED. ............................................ 34
SECTION 8.09. EFFECTIVE DATE. .............................................................. 35
LIST OF EXHIBITS
EXHIBIT A – DESCRIPTION OF IMAGINE CLEARWATER PROJECT
Resolution No. 19-34
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BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF CLEARWATER,
FLORIDA, as follows:
ARTICLE I
GENERAL
SECTION 1.01. DEFINITIONS. When used in this Resolution, the following
terms shall have the following meanings, unless the context clearly otherwise requires:
“Act” shall mean the Constitution of the State of Florida, Chapter 166, Florida
Statutes, the municipal charter of the Issuer, and other applicable provisions of law.
“Amortization Installment” shall mean an amount designated as such by the Issuer
pursuant to the terms of Section 2.02 hereof and established with respect to any Term
Bonds.
“Annual Debt Service” shall mean, with respect to any Bond Year, the aggregate
amount of (1) all interest required to be paid on the Outstanding Bonds during such Bond
Year, except to the extent that such interest is to be paid from deposits in the Construction
Fund or the Interest Account made from Bond proceeds, (2) all principal of Outstanding
Serial Bonds maturing in such Bond Year, and (3) all Amortization Installments
designated as provided herein with respect to such Bond Year.
“Blanket Letter” shall mean the Blanket Issuer Letter of Representation delivered
by the Issuer on June 27, 1996, and received and accepted by The Depository Trust
Company (“DTC”) in order to induce DTC to act as securities depository for the Bonds.
“Bond Amortization Account” shall mean the separate account in the Debt Service
Fund established pursuant to Section 4.04 hereof.
“Bond Counsel” shall mean Bryant Miller Olive P.A., or any attorney at law or firm
of attorneys duly admitted to practice law before the highest court of any state of the
United States of America subsequently designated by the Issuer.
“Bond Year” shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, unless otherwise provided by
Supplemental Resolution.
“Bondholder” or “Holder” or “holder” or any similar term, when used with reference
to a Bond or Bonds, shall mean any person who shall be the registered owner of any
Outstanding Bond or Bonds, as provided in the registration books of the Issuer.
“Bonds” shall mean the Series 2020 Bonds.
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“City Attorney” shall mean the City Attorney of the Issuer, or any assistant or deputy
City Attorney.
“City Clerk” shall mean the City Clerk of the Issuer, or any assistant or deputy City
Clerk of the Issuer.
“City Council” shall mean the City Council of the Issuer.
“City Manager” shall mean the City Manager of the Issuer, or in his absence, any
assistant or deputy City Manager of the Issuer, or such other person as may be duly
authorized by the Issuer to act on his or her behalf.
“Code” shall mean the Internal Revenue Code of 1986, as amended, and any
Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or
applicable thereto.
“Construction Fund” shall mean the Construction Fund established pursuant to
Section 4.03 hereof.
“Costs” when used in connection with the Project shall mean (i) all direct costs of
such Project items described in the plans and specifications for such Project including
without limitation the cost of physical construction and including machinery or equipment
required by the Issuer to commence operation of the Project; (ii) all costs of planning,
designing, acquiring, constructing, financing and placing such Project in operation,
including costs incurred by the Issuer prior to the issuance of the Bonds to finance the
costs of such Project; (iii) all costs of issuance of the Bonds, including, without limitation,
the fees and costs of municipal bond insurance, Bond Counsel, City Attorney, placement
agent or underwriter and placement agent’s or underwriter’s counsel, special counsel and
financial advisors, printing costs, rating agency fees, initial acceptance fees of paying
agents, registrars, trustees, depositaries and all fees and costs of financial institutions
providing special credit facilities with respect to of the Bonds; (iv) the cost of acquisition,
by purchase or condemnation, of any lands, structures, improvements, rights-of-way,
franchises, easements or interests therein and all of the properties, tangible or intangible,
deemed necessary or convenient for the maintenance and operation of such Project; (v)
all engineering, legal and financial costs and expenses, including legal and consultant’s
fees and expenses and other costs of negotiating license, use, facilities renovation and/or
similar agreements relating to the Project or the Bonds, and including costs incurred by
the Issuer prior to the issuance of the Bonds to finance such Project; (vi) all expenses for
estimates of costs and of revenues; (vii) costs of obtaining governmental and regulatory
permits, licenses and approvals; (viii) all fees of special advisors and consultants
associated with one or more aspects of such Project; (ix) all amounts required to be paid
by this Resolution into the Debt Service Fund upon the issuance of the Bonds; (x) interest
on the Bonds prior to and during construction of such Project for which such Bonds were
issued, and for such additional periods as the Issuer may reasonably determine to be
necessary; (xi) the reimbursement to the Issuer of all such eligible costs of the Project
Resolution No. 19-34
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that have been advanced by the Issuer from its available funds or on behalf of the Issuer
before the delivery of the Bonds issued to finance such costs; (xii) the principal, interest,
premium, if any, and costs related thereto, payable with respect to any note or other
obligation issued by the Issuer to pay any part of the cost of the Project enumerated in
this definition; and (xiii) such other costs and expenses which shall be necessary or
incidental to the financing herein authorized and placing the Project into operation.
“Debt Service Fund” shall mean the Debt Service Fund established pursuant to
Section 4.04 hereof.
“Defeasance Securities” shall mean:
(1) Cash;
(2) U.S. Treasury Certificates, Notes and Bonds (including State and Local
Government Series – “SLGs”);
(3) Direct obligations of the Treasury which have been stripped by the Treasury
itself, CATS, TIGRS and similar securities;
(4) The interest component of Resolution Funding Corp. (“REFCORP”) strips
which have been stripped by request to the Federal Reserve Bank of New York in book
entry form are acceptable;
(5) Pre-refunded municipal bonds rated “Aaa” by Moody's and “AAA” by S&P.
If however, the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-
refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed
obligations, or AAA rate pre-refunded municipals to satisfy this condition.
(6) Obligations issued by the following agencies which are backed by the full
faith and credit of the U.S.
a. U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial
ownership
b. Farmers Home Administration (FmHA)
Certificates of beneficial ownership
c. Federal Financing Bank
d. General Services Administration
Participation certificates
e. U.S. Maritime Administration
Resolution No. 19-34
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Guaranteed Title XI financing
f. U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures – U.S. government guaranteed
debentures
U.S. Public Housing Notes and Bonds – U.S. government
guaranteed public housing notes and bonds
“Finance Director” shall mean the Finance Director of the Issuer, or in his absence,
any acting, interim, assistant or deputy Finance Director of the Issuer.
“Financial Advisor” shall mean Hilltop Securities Inc. or any other financial advisor
appointed from time to time by the Issuer.
“Fiscal Year” shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law.
“Governmental Fund Revenues” shall mean total revenues of the Issuer derived
from any source whatsoever and that are allocated and accounted for in the
“governmental funds” as shown in the annual audited financial statements of the Issuer
for the applicable Fiscal Year.
“Interest Account” shall mean the separate account in the Debt Service Fund
established pursuant to Section 4.04 hereof.
“Interest Date” shall be such date or dates for the payment of interest on the Bonds
as shall be provided for herein.
“Issuer” shall mean the City of Clearwater, Florida, a municipal corporation of the
State of Florida.
“Maximum Annual Debt Service” shall mean the maximum Annual Debt Service to
come due during any Bond Year of the Issuer on the Outstanding Bonds, excluding all
Bond Years which shall have ended prior to the Bond Year in which Maximum Annual
Debt Service shall be computed.
“Mayor” shall mean the Mayor, or in his absence, the Vice Mayor of the Issuer.
“Non-Ad Valorem Revenues” shall mean all Governmental Funds Revenues, other
than revenues generated from ad valorem taxation on real or personal property, which
are legally available to make the payments required herein.
Resolution No. 19-34
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“Outstanding” when used with reference to Bonds and as of any particular date,
shall describe all Bonds theretofore and thereupon being authenticated and delivered
except, (1) any Bond in lieu of which another Bond or other Bonds have been issued
under an agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond
surrendered by the Holder thereof in exchange for another Bond or other Bonds under
Sections 2.06 and 2.08 hereof, (3) Bonds canceled after purchase in the open market or
because of payment at or redemption prior to maturity, and (4) Bonds deemed paid in
accordance with Section 8.01 hereof.
“Paying Agent” shall mean the paying agent for Bonds appointed by or pursuant
to a Supplemental Resolution adopted by the Issuer prior to the sale of the Bonds.
“Permitted Investments” shall mean any investments authorized pursuant to the
written investment policy of the Issuer and the laws of the State.
“Person” shall mean an individual, a corporation, a partnership, an association, a
joint stock company, a trust, any unincorporated organization or governmental entity.
“Pledged Funds” shall mean (1) Non-Ad Valorem Revenues budgeted and
appropriated by the Issuer in accordance with Section 4.02 hereof and deposited into the
Debt Service Fund, and (2) until applied in accordance with the provisions of this
Resolution, all moneys, including the investments thereof, in the funds and accounts
established hereunder in the manner and to the extent described herein.
“Principal Account” shall mean the separate account in the Debt Service Fund
established pursuant to Section 4.04 hereof.
“Project” shall mean the Imagine Clearwater Project described on Exhibit “A”
attached hereto.
“Purchase Contract” shall mean the Bond Purchase Agreement, the form of which
is to be approved by the Issuer in a Supplemental Resolution adopted prior to the sale of
the Bonds.
“Redemption Price” shall mean, with respect to any Bond or portion thereof, the
principal amount or portion thereof, plus the applicable premium, if any, payable upon
redemption thereof pursuant to such Bond or this Resolution.
“Registrar” shall mean the registrar for the Bonds appointed by or pursuant to a
Supplemental Resolution adopted by the Issuer prior to the sale of the Bonds.
“Resolution” shall mean this Resolution, as the same may from time to time be
amended, modified or supplemented by Supplemental Resolution.
“Serial Bonds” shall mean all of the Bonds other than the Term Bonds.
Resolution No. 19-34
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“Series 2020 Bonds” shall mean the City of Clearwater, Florida Non-Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements).
“State” shall mean the State of Florida.
“Supplemental Resolution” shall mean any resolution of the Issuer amending or
supplementing this Resolution adopted and becoming effective in accordance with the
terms of Sections 7.01 and 7.02 hereof.
“Term Bonds” shall mean those Bonds which shall be designated as Term Bonds
hereby and which are subject to mandatory redemption by Amortization Installments.
“Underwriter” shall mean the firm or firms of underwriters selected by the Issuer to
underwrite the Bonds as set forth in a Supplemental Resolution adopted prior to the sale
of the Bonds.
The terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof” and any similar terms,
shall refer to this Resolution; the term heretofore shall mean before the date of adoption
of this Resolution; and the term “hereafter” shall mean after the date of adoption of this
Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the purchase and acceptance of any or all of the Bonds by those who
shall hold the same from time to time, the provisions of this Resolution shall be a part of
the contract of the Issuer with the Holders of the Bonds and shall be deemed to be and
shall constitute a contract between the Issuer and the Holders from time to time of the
Bonds. The pledge made in this Resolution and the provisions, covenants and
agreements herein set forth to be performed by or on behalf of the Issuer shall be for the
equal benefit, protection and security of the Holders of any and all of said Bonds. All of
the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal
rank without preference, priority or distinction of any of the Bonds over any other thereof
except as expressly provided in or pursuant to this Resolution.
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and
declared:
(1) That the Issuer deems it necessary, desirable and in the best interests of
the Issuer and its citizens and to serve a paramount public purpose that the Project be
Resolution No. 19-34
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completed.
(2) That the Project shall be financed and/or reimbursed with the proceeds of
the Series 2020 Bonds, together with the proceeds of other indebtedness of the Issuer
and certain other legally available funds of the Issuer.
(3) That in order to preserve and promote the gainful employment and tourism
and to enhance the economic prosperity and public welfare of the inhabitants of the
Issuer, it is necessary and desirable that the Project be completed.
(4) That the estimated Non-Ad Valorem Revenues, after satisfying funding
requirements for obligations having an express lien on or pledge thereof and after
satisfying any funding requirements for essential governmental services of the Issuer
which are not funded by ad valorem taxation, will be sufficient to pay the principal of and
interest on the Bonds, as the same become due, and to make all other payments provided
for in this Resolution.
(5) That the principal of and interest on the Bonds and all other payments
provided for in this Resolution will be paid solely from the Pledged Funds; and the ad
valorem taxing power of the Issuer will never be necessary to pay the principal of and
interest on the Bonds and, except as otherwise provided herein, the Bonds shall not
constitute a lien upon any property of the Issuer.
(6) That the Issuer intends on adopting a Supplemental Resolution to provide
for the manner of sale and terms of the Bonds, including the approval of the Purchase
Contract, the designation of the Underwriter and the distribution of an offering document
in connection with the sale of the Bonds by the Underwriter, and the designation of the
Paying Agent and Registrar, after it has completed the validation of the Bonds authorized
in Section 8.08 hereof.
SECTION 1.05. THE PROJECT. The Issuer does hereby ratify prior
authorization of the Project.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION
AND REGISTRATION OF BONDS
SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution authorizes
the issuance of the Series 2020 Bonds of the Issuer to be designated as “City of
Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater
Improvements)” in an aggregate principal amount of not to exceed $[30,000,000] for the
purpose of financing and/or reimbursing a portion of the Costs of the Project, including
paying certain costs of issuance incurred with respect thereto and any capitalized interest
related thereto; provided the Issuer may change such Series designation in the event that
the Series 2020 Bonds are not issued in calendar year 2020, and
Resolution No. 19-34
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The Bonds may, if and when authorized by the Issuer pursuant to this Resolution
and a Supplemental Resolution, be issued with such further appropriate particular
designations added to or incorporated in such title for the Bonds as the Issuer may
determine.
The Bonds shall bear interest at such rate or rates not exceeding the maximum
rate permitted by law; and shall be payable in lawful money of the United States of
America on such dates; all as determined hereunder.
The Bonds shall be issued in denominations of $5,000 or integral multiples thereof,
in such form, whether coupon or registered; shall be dated such date; shall bear such
numbers; shall be payable at such place or places; shall contain such redemption
provisions; shall have such Paying Agent and Registrar; and shall mature in such years
and amounts; all as determined hereunder.
The Bonds shall be issued under and secured by this Resolution and shall be
executed and delivered in the manner as set forth in this Resolution and a Supplemental
Resolution.
SECTION 2.02. DESCRIPTION OF BONDS. (1) The Bonds shall be issued
as fully registered Bonds; shall be numbered consecutively from one upward in order of
maturity preceded by the letter “R”; shall bear interest at a rate or rates not exceeding the
maximum rate allowed by Florida law, payable in such manner and on such dates; shall
consist of such amounts of Serial Bonds and Term Bonds; maturing in such amounts or
Amortization Installments and in such years; shall be payable in such place or places;
shall have such Paying Agent and Registrar; and shall contain such redemption
provisions; all as hereinafter described.
(2) The principal of or Redemption Price, if applicable, on the Bonds are
payable upon presentation and surrender of the Bonds at the designated office of the
Paying Agent. Interest payable on any such Bond on any Interest Date will be paid by
check or draft of the Paying Agent to the Holder in whose name such Bond shall be
registered at the close of business on the date which shall be the fifteenth day (whether
or not a business day) of the calendar month next preceding such Interest Date, or, unless
otherwise provided by Supplemental Resolution, at the option of the Paying Agent, and
at the request and expense of such Holder, by bank wire transfer for the account of such
Holder. In the event the interest payable on any such Bond is not punctually paid or duly
provided for by the Issuer on such Interest Date, such defaulted interest will be paid to
the Holder in whose name such Bond shall be registered at the close of business on a
special record date for the payment of such defaulted interest as established by notice to
such Holder, not less than ten days preceding such special record date. All payments of
principal of or Redemption Price, if applicable, and interest on the Bonds shall be payable
in any coin or currency of the United States of America which at the time of payment is
legal tender for the payment of public and private debts.
Resolution No. 19-34
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SECTION 2.03. APPLICATION OF BOND PROCEEDS. Except as otherwise
provided by Supplemental Resolution, the proceeds derived from the sale of the Series
2020 Bonds, including accrued interest, if any, and premium, if any, together with legally
available funds of the Issuer, if any, shall, simultaneously with the delivery of the Series
2020 Bonds to the purchaser or purchasers thereof, be applied by the Issuer as follows:
(1) Accrued interest, if any, shall be deposited in the Interest Account and shall
be used only for the purpose of paying the interest which shall thereafter become due on
the Series 2020 Bonds.
(2) The balance of the proceeds of the Series 2020 Bonds shall be deposited
in the Construction Fund to be used to pay a portion of the Costs of the Project, including
but not limited to the costs of issuance of the Series 2020 Bonds and any capitalized
interest related thereto.
SECTION 2.04. EXECUTION OF BONDS. The Bonds shall be signed by, or
bear the facsimile signature of the Mayor, the City Manager, and the City Clerk upon the
approval of the City Attorney, and the official seal of the Issuer shall be imprinted on each
Bond. In case any one or more of the officers who shall have signed or sealed any of the
Bonds or whose facsimile signature shall appear thereon shall cease to be such officer
of the Issuer before the Bonds so signed and sealed have been actually sold and
delivered, such Bonds may nevertheless be sold and delivered as herein provided and
may be issued as if the person who signed or sealed such Bonds had not ceased to hold
such office. Any Bond may be signed and sealed on behalf of the Issuer by such person
who at the actual time of the execution of such Bond shall hold the proper office of the
Issuer, although, at the date of such Bond, such person may not have held such office or
may not have been so authorized. The Issuer may adopt and use for such purposes the
facsimile signatures of any such persons who shall have held such offices at any time
after the date of the adoption of this Resolution, notwithstanding that either or both shall
have ceased to hold such office at the time the Bonds shall be actually sold and delivered.
SECTION 2.05. AUTHENTICATION. No Bond shall be secured hereunder or
be entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there
shall be manually endorsed on such Bond a certificate of authentication by the Registrar
or such other entity as may be approved by the Issuer for such purpose. Such certificate
on any Bond shall be conclusive evidence that such Bond has been duly authenticated
and delivered under this Resolution. The form of such certificate shall be substantially in
the form provided in Section 2.11 hereof.
SECTION 2.06. TEMPORARY BONDS. Until the definitive Bonds are
prepared, the Issuer may execute, in the same manner as is provided in Section 2.04
hereof, and deliver, upon authentication by the Registrar pursuant to Section 2.05 hereof,
Resolution No. 19-34
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in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions
as the definitive Bonds, except as to the denominations thereof, one or more temporary
Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary
Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental
Resolution, and with such omissions, insertions and variations as may be appropriate to
temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive
Bonds, which shall be authenticated by the Registrar. Upon the surrender of such
temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall
deliver in exchange therefor definitive Bonds, of the same aggregate principal amount
and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary
Bonds shall in all respects be entitled to the same benefits and security as definitive
Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange
for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith
canceled by the Registrar.
SECTION 2.07. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In
case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in
its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like
tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for
such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of
and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the
Issuer and the Registrar proof of such Holder's ownership thereof and satisfactory
indemnity and complying with such other reasonable regulations and conditions as the
Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the
Registrar may incur. All Bonds so surrendered or otherwise substituted shall be canceled
by the Registrar. If any of the Bonds shall have matured or be about to mature, instead
of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid,
upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed,
without surrender thereof.
Any such duplicate Bonds issued pursuant to this Section 2.07 shall constitute
original, additional contractual obligations on the part of the Issuer whether or not the lost,
stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall
be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds
to the same extent as all other Bonds issued hereunder.
SECTION 2.08. TRANSFER. Bonds, upon surrender thereof at the office of
the Registrar with a written instrument of transfer satisfactory to the Registrar, duly
executed by the Holder thereof or such Holder's attorney duly authorized in writing, may,
at the option of the Holder thereof, be exchanged for an equal aggregate principal amount
of registered Bonds of the same maturity of any other authorized denominations.
The Bonds issued under this Resolution shall be and have all the qualities and
incidents of negotiable instruments under the commercial laws and the Uniform
Resolution No. 19-34
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Commercial Code of the State, subject to the provisions for registration and transfer
contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain
Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for
the registration and transfer of the Bonds.
Each Bond shall be transferable only upon the books of the Issuer, at the office of
the Registrar, under such reasonable regulations as the Issuer may prescribe, by the
Holder thereof in person or by such Holder's attorney duly authorized in writing upon
surrender thereof together with a written instrument of transfer satisfactory to the
Registrar duly executed and guaranteed by the Holder or such Holder's duly authorized
attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be
authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate
principal amount and Series and maturity as the surrendered Bond. The Issuer, the
Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person
in whose name any Outstanding Bond shall be registered upon the books of the Issuer
as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal or Redemption Price, if
applicable, and interest on such Bond and for all other purposes, and all such payments
so made to any such Holder or upon such Holder's order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so
paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of
the Issuer shall be affected by any notice to the contrary.
The Registrar, in any case where it is not also the Paying Agent in respect to the
Bonds, forthwith (A) following the fifteenth day prior to an Interest Date; (B) following the
fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds;
and (C) at any other time as reasonably requested by the Paying Agent, shall certify and
furnish to such Paying Agent the names, addresses and holdings of Bondholders and any
other relevant information reflected in the registration books. Any Paying Agent of any
fully registered Bond shall effect payment of interest on such Bonds by mailing a check
or draft to the Holder entitled thereto or may, in lieu thereof, upon the request and at the
expense of such Holder, transmit such payment by bank wire transfer for the account of
such Holder.
In all cases in which the privilege of exchanging Bonds or transferring Bonds is
exercised, the Issuer shall execute and the Registrar shall authenticate and deliver such
Bonds in accordance with the provisions of this Resolution. Execution of Bonds in the
same manner as is provided in Section 2.04 hereof for purposes of exchanging, replacing
or transferring Bonds may occur at the time of the original delivery of the Bonds. All
Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in
safekeeping until directed by the Issuer to be canceled by the Registrar. For every such
exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient
to reimburse it for any tax, fee, expense or other governmental charge required to be paid
with respect to such exchange or transfer. The Issuer and the Registrar shall not be
Resolution No. 19-34
12
obligated to make any such exchange or transfer of Bonds during the fifteen days next
preceding an Interest Date on the Bonds, or, in the case of any proposed redemption of
Bonds, then during the fifteen days next preceding the date of the first mailing of notice
of such redemption and continuing until such redemption date.
SECTION 2.09. BOOK ENTRY. The Blanket Letter was entered into by the
Issuer with The Depository Trust Company (“DTC”). It is intended that the Bonds be
registered so as to participate in a global book-entry system with DTC as set forth herein
and in such Blanket Letter. The terms and conditions of such Blanket Letter shall govern
the registration of the Bonds. The Bonds shall be initially issued in the form of a single fully
registered Bond for each maturity. Upon initial issuance, the ownership of such Bonds shall
be registered by the Registrar in the name of Cede & Co. (DTC's partnership nominee) or
such other name as may be requested by an authorized representative of DTC. So long as
any Bond is registered in the name of DTC (or its nominee), the Issuer, the Registrar and
the Paying Agent may treat DTC (or its nominee) as the sole and exclusive holder of such
Bonds registered in its name, and all payments with respect to the principal or redemption
price of, if any, and interest on such Bond (“Payments”) and all notices with respect to such
Bond (“Notices”) shall be made or given, as the case may be, to DTC. Transfers of
Payments and delivery of Notices to DTC Participants shall be the responsibility of DTC and
not of the Issuer, subject to any statutory and regulatory requirements as may be in effect
from time to time. Transfers of Payments and delivery of Notices to beneficial holders of the
Bonds by DTC Participants shall be the responsibility of such participants, indirect
participants and other nominees of such beneficial holders and not of the Issuer, subject to
any statutory and regulatory requirements as may be in effect from time to time.
Upon (I) (a) receipt by the Issuer of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the Outstanding Bonds be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is
not in the best interest of the beneficial holders of the Bonds or (ii) to the effect that DTC is
unable or unwilling to discharge its responsibilities and no substitute depository willing to
undertake the functions of DTC hereunder can be found which is willing and able to
undertake such functions upon reasonable and customary terms, (b) termination, for any
reason, of the agreement among the Issuer, the Registrar and Paying Agent and DTC
evidenced by the Blanket Letter, or (c) determination by the Issuer that such book-entry only
system should be discontinued by the Issuer, and (II) compliance with the requirements of
any agreement between the Issuer and DTC with respect thereto, the Bonds shall no longer
be restricted to being registered in the registration books kept by the Registrar in the name
of Cede & Co., as nominee of DTC, but may be registered in whatever name or names
Holders shall designate, in accordance with the provisions hereof. In such event, the Issuer
shall issue and the Registrar shall authenticate, transfer and exchange Bonds consistent
with the terms hereof, in denominations of $5,000 or any integral multiple thereof to the
Holders thereof. The foregoing notwithstanding, until such time as participation in the book-
entry only system is discontinued, the provisions set forth in the Blanket Letter shall apply
Resolution No. 19-34
13
to the registration and transfer of the Bonds and to Payments and Notices with respect
thereto.
SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be in
substantially the following form with such omissions, insertions and variations as may be
necessary and/or desirable and approved by the Mayor prior to the issuance thereof
(which necessity and/or desirability and approval shall be presumed by the Issuer's
delivery of the Bonds to the purchaser or purchasers thereof):
[Remainder of page intentionally left blank]
Resolution No. 19-34
14
No. R-__ $__________
CITY OF CLEARWATER, FLORIDA
NON-AD VALOREM [REFUNDING] REVENUE BOND,
SERIES 2020 (IMAGINE CLEARWATER IMPROVEMENTS)
Interest Rate Maturity Date
Date of Original
Issue CUSIP
____% , ____ , 2020 __________
Registered Holder:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida, a
municipality created and existing under and by virtue of the laws of the State of Florida
(the “Issuer”), for value received, hereby promises to pay, solely from the Pledged Funds
hereinafter described, to the Registered Holder identified above, or registered assigns as
hereinafter provided, on the Maturity Date identified above, the Principal Amount
identified above and interest on such Principal Amount from the Date of Original Issue
identified above or from the most recent interest payment date to which interest has been
paid at the Interest Rate per annum identified above on ___________ 1 and
_____________ 1 of each year commencing ____________ 1, _____ until such Principal
Amount shall have been paid, except as the provisions hereinafter set forth with respect
to redemption prior to maturity may be or become applicable hereto. Interest on this Bond
will be computed on the basis of a 360-day year consisting of twelve 30-day months.
Such Principal Amount and interest and the redemption premium, if any, on this
Bond are payable in any coin or currency of the United States of America which, on the
respective dates of payment thereof, shall be legal tender for the payment of public and
private debts. Such Principal Amount and the redemption premium, if any, on this Bond,
are payable, upon presentation and surrender hereof, at the designated corporate trust
office of __________, _____________, _______________, as Paying Agent. Payment
of each installment of interest shall be made to the person in whose name this Bond shall
be registered on the registration books of the Issuer maintained by __________,
_____________,_______________, as Registrar, at the close of business on the date
which shall be the fifteenth day (whether or not a business day) of the calendar month
next preceding each interest payment date and shall be paid by a check or draft of such
Paying Agent mailed to such Registered Holder at the address appearing on such
registration books or, at the option of such Paying Agent, and at the request and expense
of such Registered Holder, by bank wire transfer for the account of such Holder. In the
Resolution No. 19-34
15
event interest payable on this Bond is not punctually paid or duly provided for by the
Issuer on such interest payment date, payment of each installment of such defaulted
interest shall be made to the person in whose name this Bond shall be registered at the
close of business on a special record date for the payment of such defaulted interest as
established by notice to such Registered Holder, not less than ten (10) days preceding
such special record date.
This Bond is one of an authorized issue of Bonds in the aggregate principal amount
of $________________ (the “Bonds”) of like date, tenor and effect, except as to maturity
date, interest rate, denomination and number, issued for the purpose of financing and/or
reimbursing a portion of the Costs of acquiring, designing, constructing, reconstructing,
renovating, expanding, improving and equipping Imagine Clearwater facilities, under the
authority of and in full compliance with the Constitution of the State of Florida, Chapter
166, Florida Statutes, the municipal charter of the Issuer, and other applicable provisions
of law (the “Act”), and Resolution No. 19-___ duly adopted by the City Council of the
Issuer on __________, 2019, as may be amended and supplemented from time to time
(the “Resolution”), and is subject to the terms and conditions of the Resolution.
Capitalized undefined terms used herein shall have the meanings ascribed thereto in the
Resolution.
The Bonds and the interest thereon are payable solely from and secured by an
irrevocable pledge of the Pledged Funds. Pledged Funds consist of (1) Non-Ad Valorem
Revenues budgeted and appropriated by the Issuer in accordance with Section 4.02 of
the Resolution and deposited into the Debt Service Fund, and (2) until applied in
accordance with the provisions of the Resolution, all moneys, including the investments
thereof, in the funds and accounts established under the Resolution in the manner and to
the extent described in the Resolution. The Issuer has covenanted and has agreed to
appropriate in its annual budget for each Fiscal Year sufficient amount of Non-Ad Valorem
Revenues for the payment of principal of and interest on the Bonds in each Fiscal Year,
and to make certain other payments required by the Resolution, subject to the limitations
described in the Resolution. Reference is made to the Resolution for more complete
description of the security for the Bonds.
IT IS EXPRESSLY AGREED BY THE REGISTERED HOLDER OF THIS BOND
THAT THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR
INDEBTEDNESS OF THE ISSUER AS “BONDS” WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL
OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED BY A
LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN THE MANNER AND TO THE
EXTENT PROVIDED IN THE RESOLUTION. NO HOLDER OF ANY BOND SHALL
EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM
TAXING POWER TO PAY SUCH BOND, FOR THE PAYMENT OF ANY AMOUNTS
PAYABLE UNDER THE RESOLUTION, OR IN ORDER TO MAINTAIN ANY SERVICES
OR PROGRAMS THAT GENERATE NON-AD VALOREM REVENUES, OR BE
Resolution No. 19-34
16
ENTITLED TO PAYMENT OF SUCH BOND FROM ANY MONEYS OF THE ISSUER
EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER AND TO THE EXTENT
PROVIDED IN THE RESOLUTION.
Neither the members of the City Council of the Issuer nor any person executing
this Bond shall be liable personally hereon or be subject to any personal liability or
accountability by reason of the issuance hereof.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET
FORTH IN THIS PLACE.
This Bond shall not be valid or become obligatory for any purpose until the
Certificate of Authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF, the City of Clearwater, Florida has issued this Bond and
has caused the same to be executed by the manual or facsimile signature of the Mayor,
attested and countersigned by the City Clerk, and its official seal or a facsimile thereof to
be affixed or reproduced hereon, all as of the day of __________, ____.
CITY OF CLEARWATER, FLORIDA
(SEAL)
By:
Mayor
By: _____________________________
City Manager
ATTESTED AND COUNTERSIGNED:
City Clerk
Approved as to form and legal sufficiency
_________________________________
City Attorney
Resolution No. 19-34
17
[Provisions on Reverse Side of Bond]
This Bond is transferable in accordance with the terms of the Resolution only upon
the books of the Issuer kept for that purpose at the designated corporate trust office of
the Registrar by the Registered Holder hereof in person or by such Holder's attorney duly
authorized in writing, upon the surrender of this Bond together with a written instrument
of transfer satisfactory to the Registrar duly executed by the Registered Holder or such
Holder's attorney duly authorized in writing, and thereupon a new Bond or Bonds in the
same aggregate principal amount shall be issued to the transferee in exchange therefor,
and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable
in the form of fully registered Bonds in the denominations of $5,000 and integral multiples
thereof, not exceeding the aggregate principal amount of the Bonds maturing on the same
date. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder
of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall
be overdue, and shall not be affected by any notice to the contrary. The Issuer and the
Registrar shall not be obligated to make any exchange or transfer of the Bonds during the
fifteen (15) days next preceding an interest payment date, or in the case of any proposed
redemption of the Bonds, then, during the fifteen (15) days next preceding the date of the
first mailing of notice of such redemption.
[INSERT REDEMPTION PROVISIONS]
Notice of redemption shall be given in the manner described in the Resolution.
It is hereby certified and recited that all acts, conditions and things required to exist,
to happen and to be performed precedent to and in the issuance of this Bond, exist, have
happened and have been performed, in regular and due form and time as required by the
laws and Constitution of the State of Florida applicable thereto, and that the issuance of
the Bonds does not violate any constitutional or statutory limitations or provisions.
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within mentioned
Resolution.
[REGISTRAR]
Registrar, as Authenticating Agent
Date of Authentication:
By:_________________________
Authorized Signatory
Resolution No. 19-34
18
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Insert Name, Address, Social Security or Other
Identifying Number of Assignee
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint as
attorneys to register the transfer of the said Bond on the books kept for registration thereof
with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of the
New York Stock Exchange or a
commercial bank or trust company.
NOTICE: The signature to this assignment
must correspond with the name of the
Registered Holder as it appears upon the face
of the within Bond in every particular, without
alteration or enlargement or any change
whatever and the Social Security or other
identifying number of such assignee must be
supplied.
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN
COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN -
as joint tenants with right of
survivorship and not as tenants in
common
UNIF TRANS MIN ACT --
(Cust.)
Custodian for
under Uniform Transfer to Minors Act of
(State)
Resolution No. 19-34
19
Additional abbreviations may also be used though not in the list above.
STATEMENT OF INSURANCE
[IF APPLICABLE, INSERT INSURER LANGUAGE]
[Remainder of page intentionally left blank]
Resolution No. 19-34
20
ARTICLE III
REDEMPTION OF BONDS
SECTION 3.01. PRIVILEGE OF REDEMPTION. The Bonds shall be subject
to optional and/or mandatory redemption at the times and in the amounts provided by a
Supplemental Resolution.
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds
shall be redeemed only in the principal amount of $5,000 each and integral multiples
thereof. The Issuer shall, at least sixty (60) days prior to the redemption date (unless a
shorter time period shall be satisfactory to the Registrar) notify the Registrar of such
redemption date and of the principal amount of Bonds to be redeemed. For purposes of
any redemption of less than all of the Outstanding Bonds of a single maturity, the
particular Bonds or portions of Bonds to be redeemed shall be selected not more than
forty-five (45) days prior to the redemption date by the Registrar from the Outstanding
Bonds of the maturity or maturities designated by the Issuer by such method as the
Registrar shall deem fair and appropriate and which may provide for the selection for
redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral
multiples thereof. Notwithstanding the foregoing, in the event that less than the entire
principal amount of a Term Bond is to be optionally redeemed, the Issuer shall determine
how the principal amount of such refunded Term Bond is to be allocated to the
Amortization Installments for the Term Bond and shall notify the Paying Agent and
Registrar of such allocation.
If less than all of the Outstanding Bonds of a single maturity are to be redeemed,
the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the
Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for
redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
SECTION 3.03. NOTICE OF REDEMPTION. Unless waived by any Holder of
Bonds to be redeemed, notice of any redemption made pursuant to this section shall be
given by the Registrar on behalf of the Issuer by mailing a copy of an official redemption
notice by registered or certified mail at least thirty (30) days and not more than sixty (60)
days prior to the date fixed for redemption to each Holder of Bonds to be redeemed at
the address of such Holder shown on the registration books maintained by the Registrar
or at such other address as shall be furnished in writing by such Holder to the Registrar;
provided, however, that no defect in any notice given pursuant to this Section to any
Holder of Bonds to be redeemed nor failure to give such notice shall in any manner defeat
the effectiveness of a call for redemption as to all other Holders of Bonds to be redeemed.
Every official notice of redemption shall be dated and shall state:
(1) the redemption date,
Resolution No. 19-34
21
(2) the Redemption Price,
(3) if less than all Outstanding Bonds are to be redeemed, the number (and, in
the case of a partial redemption of any Bond, the principal amount) of each Bond to be
redeemed,
(4) that, on the redemption date, the Redemption Price will become due and
payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
(5) that such Bonds to be redeemed, whether as a whole or in part, are to be
surrendered for payment of the Redemption Price at the designated office of the
Registrar.
Prior to any redemption date, the Issuer shall deposit with the Registrar an amount
of money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds
which are to be redeemed on that date.
The Issuer may provide that a notice of redemption may be contingent upon the
occurrence of condition(s) and that if such condition(s) do not occur, the notice will be
rescinded; provided notice of such rescission shall be mailed in the manner described
herein to all Bondholders as soon as practicable after the Issuer has determined to
rescind the redemption.
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which
is to be redeemed only in part shall be surrendered at any place of payment specified in
the notice of redemption (with due endorsement by, or written instrument of transfer in
form satisfactory to, the Registrar duly executed by, the Holder thereof or such Holder's
attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond
or Bonds, of the same interest rate and maturity, and of any authorized denomination as
requested by such Holder, in an aggregate principal amount equal to and in exchange for
the unredeemed portion of the principal of the Bonds so surrendered.
SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption
having been given substantially as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the Redemption
Price therein specified, and from and after such date (unless the Issuer shall default in
the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to
bear interest. Upon surrender of such Bonds for redemption in accordance with said
notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate
Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be
canceled by the Registrar and shall not be reissued.
Resolution No. 19-34
22
ARTICLE IV
SECURITY, SPECIAL FUNDS AND
APPLICATION THEREOF
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. THE
BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR
INDEBTEDNESS OF THE ISSUER AS “BONDS” WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL
OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED BY A
LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN THE MANNER AND TO THE
EXTENT PROVIDED HEREIN. NO HOLDER OF ANY BOND SHALL EVER HAVE THE
RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY
SUCH BOND, FOR THE PAYMENT OF ANY AMOUNTS PAYABLE HEREUNDER, OR
IN ORDER TO MAINTAIN ANY SERVICES OR PROGRAMS THAT GENERATE NON-
AD VALOREM REVENUES, OR BE ENTITLED TO PAYMENT OF SUCH BOND FROM
ANY MONEYS OF THE ISSUER EXCEPT FROM THE PLEDGED FUNDS IN THE
MANNER AND TO THE EXTENT PROVIDED HEREIN.
SECTION 4.02. BONDS SECURED BY PLEDGE OF PLEDGED FUNDS.
(1) The Issuer covenants and agrees to appropriate in its annual budget, by
amendment if necessary, for each Fiscal Year in which the Bonds remain Outstanding,
sufficient amounts of Non-Ad Valorem Revenues into the Debt Service Fund for the
payment of principal of and interest on the Bonds and to make certain other payments
required hereunder in each such Fiscal Year. Such covenant and agreement on the part
of the Issuer shall be cumulative and shall continue until all payments of principal of and
interest on the Bonds shall have been budgeted, appropriated, deposited and actually
paid. The Issuer agrees that this covenant and agreement shall be deemed to be entered
into for the benefit of the Holders of the Bonds and that this obligation may be enforced
in a court of competent jurisdiction in accordance with the remedies set forth herein. No
lien upon or pledge of such budgeted Non-Ad Valorem Revenues shall be in effect until
such monies are budgeted, appropriated and deposited as provided herein.
Notwithstanding the foregoing or any provision of this Resolution to the contrary, the
Issuer does not covenant to maintain or continue any activities, services or programs now
maintained or provided by the Issuer, including those programs and services which
generate user fees, regulatory fees or other Non-Ad Valorem Revenues. This covenant
and agreement shall not be construed as a limitation on the ability of the Issuer to pledge
all or a portion of such Non-Ad Valorem Revenues or to covenant to budget and
appropriate Non-Ad Valorem Revenues for other legally permissible purposes. Nothing
herein shall be deemed to pledge ad valorem tax revenues or to permit or constitute a
mortgage or lien upon any assets owned by the Issuer and no Holder of Bonds or other
person may compel the levy of ad valorem taxes on real or personal property within the
boundaries of the Issuer for the payment of the Issuer's obligations hereunder or to
maintain any activities, services or programs now maintained or provided by the Issuer,
Resolution No. 19-34
23
including those programs and services which generate user fees, regulatory fees or other
Non-Ad Valorem Revenues.
However, this covenant to budget and appropriate in its annual budget for the
purposes and in the manner stated herein has the effect of making available for the
payment of the Bonds the Non-Ad Valorem Revenues of the Issuer in the manner
provided herein and placing on the Issuer a positive duty to appropriate and budget, by
amendment if necessary, and deposit amounts sufficient to meet its obligations
hereunder; subject, however, in all respects to the restrictions of Section 166.241, Florida
Statutes, which make it unlawful for any municipality to expend moneys not appropriated
and in excess of such municipality's current budgeted revenues. The obligation of the
Issuer to make such payments from its Non-Ad Valorem Revenues is subject in all
respects to the payment of obligations secured by a pledge of such Non-Ad Valorem
Revenues heretofore or hereafter entered into (including the payment of debt service on
bonds and other debt instruments) and funding requirements for essential public
purposes affecting health, welfare and safety of the inhabitants of the Issuer; however,
such obligation is cumulative and would carry over from Fiscal Year to Fiscal Year. The
Issuer has previously and may hereafter provide a covenant to budget and appropriate
Non-Ad Valorem Revenues as a source of security, and/or pledge one or more of such
Non-Ad Valorem Revenues to provide for the payment of obligations (including debt
obligations) incurred by the Issuer. No priority of payment among such obligations is
established when a covenant to budget and appropriate Non-Ad Valorem Revenues is
used as a source of security for the payment thereof.
Such covenant to budget and appropriate does not create any lien upon or pledge
of such Non-Ad Valorem Revenues until such funds are deposited in the Debt Service
Fund established pursuant to Section 4.04 hereof, nor does it preclude the Issuer from
pledging in the future or covenanting to budget and appropriate in the future its Non-Ad
Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non-
Ad Valorem Revenues, nor does it give the Holders of the Bonds a prior claim on the
Non-Ad Valorem Revenues as opposed to claims of general creditors of the Issuer. The
payment of the debt service of all of the Bonds issued hereunder shall be secured
forthwith equally and ratably by a pledge of and a lien upon the Pledged Funds, as now
or hereafter constituted. The Issuer does hereby irrevocably pledge such Pledged Funds
to the payment of the principal of and interest on the Bonds issued pursuant to this
Resolution in the manner and to the extent described herein, and the Issuer does hereby
irrevocably agree to the deposit of Non-Ad Valorem Revenues into the Debt Service Fund
at the times provided of the sums required to secure to the Holders of the Bonds issued
hereunder, and the payment of the principal of and interest thereon when due. The
Pledged Funds shall immediately be subject to the lien of this pledge without any physical
delivery thereof or further act, and the lien of this pledge shall be valid and binding as
against all parties having claims of any kind in tort, contract or otherwise against the
Issuer.
Resolution No. 19-34
24
(2) Until applied in accordance with this Resolution, the Non-Ad Valorem
Revenues deposited by the Issuer in the Debt Service Fund and other amounts on deposit
from time to time in the funds and accounts established pursuant to Section 4.04 hereof,
plus any earnings thereon, except as otherwise described herein, shall be pledged to the
repayment of the Series 2020 Bonds.
SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees
to establish a separate fund to be known as the “City of Clearwater Non-Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) Construction Fund,”
which shall be used only for payment of a portion of the Costs of the Project. Moneys in
the Construction Fund which derive from proceeds of the Series 2020 Bonds, until applied
in payment of any item of the Costs of a Project in accordance with the provisions hereof,
shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the
Holders of the Series 2020 Bonds and for the further security of such Holders as Pledged
Funds.
SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees
to establish a separate fund to be known as the “City of Clearwater Non-Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) Debt Service Fund.”
The Issuer shall maintain in the Debt Service Fund three accounts: the “Interest Account,”
the “Principal Account, and the “Bond Amortization Account”. Moneys in the
aforementioned funds and accounts, until applied in accordance with the provisions
hereof, shall be subject to a lien and charge in favor of the Bondholders and for the further
security of the Bondholders as Pledged Funds, in the manner and to the extent described
herein.
SECTION 4.05. FLOW OF FUNDS.
(1) Pursuant to Section 4.02 hereof, Non-Ad Valorem Revenues shall be
deposited or credited at least five (5) business days prior to the applicable due date, in
the following manner:
(a) Interest Account. The Issuer shall deposit into or credit to the Interest
Account the sum which, together with the balance in said Account, shall be equal
to the interest on all outstanding Bonds accrued and unpaid and to accrue on such
Interest Date. Moneys in the Interest Account shall be used to pay interest on the
Bonds as and when the same become due, whether by redemption or otherwise,
and for no other purpose.
(b) Principal Account. The Issuer shall deposit into or credit to the
Principal Account the sum which, together with the balance in said Account, shall
equal the portion of the principal on the Outstanding Bonds next due. Moneys in
the Principal Account shall be used to pay the principal of the Bonds as and when
the same shall mature, and for no other purpose.
Resolution No. 19-34
25
(c) Bond Amortization Account. The Issuer shall deposit into or credit to
the Bond Amortization Account the sum which, together with the balance in said
Account, shall equal the portion of the Amortization Installments of all Bonds
Outstanding next due. Moneys in the Bond Amortization Account shall be used to
purchase or redeem Term Bonds in the manner herein provided, and for no other
purpose. Payments to the Bond Amortization Account shall be on a parity with
payments to the Principal Account.
(2) On the date established for payment of any principal of or Redemption
Price, if applicable, or interest on the Bonds, the Issuer shall withdraw from the
appropriate account of the Debt Service Fund sufficient moneys to pay such principal or
Redemption Price, if applicable, or interest and deposit such moneys with the Paying
Agent for the Bonds to be paid.
SECTION 4.06. INVESTMENTS. The Construction Fund and the Debt
Service Fund shall be continuously secured in the manner by which the deposit of public
funds are authorized to be secured by the laws of the State. Moneys on deposit in the
Construction Fund and the Debt Service Fund may be invested and reinvested in
Permitted Investments maturing not later than the date on which the moneys therein will
be needed. Any and all income received by the Issuer from the investment of moneys in
each account of the Construction Fund, the Interest Account, the Principal Account, and
the Bond Amortization Account shall be retained in such respective Fund or Account
unless otherwise required by applicable law.
Nothing contained in this Resolution shall prevent any Permitted Investments
acquired as investments of or security for funds held under this Resolution from being
issued or held in book-entry form on the books of the Department of the Treasury of the
United States.
Permitted Investments shall be valued at cost.
SECTION 4.07. SEPARATE ACCOUNTS. The moneys required to be
accounted for in each of the foregoing funds and accounts established herein may be
deposited in a single account, and funds allocated to the various funds and accounts
established herein may be invested in a common investment pool, provided that adequate
accounting records are maintained to reflect and control the restricted allocation of the
moneys on deposit therein and such investments for the various purposes of such funds
and accounts as herein provided.
The designation and establishment of the various funds and accounts in and by
this Resolution shall not be construed to require the establishment of any completely
independent, self-balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to constitute an earmarking of
Resolution No. 19-34
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certain revenues for certain purposes and to establish certain priorities for application of
such revenues as herein provided.
ARTICLE V
OTHER OBLIGATIONS AND COVENANTS OF ISSUER
SECTION 5.01. TAX COVENANTS.
(1) The Issuer covenants with the Holders of the Series 2020 Bonds that it shall
not use the proceeds of such Series 2020 Bonds in any manner which would cause the
interest on such Series 2020 Bonds to be or become includable in the gross income of
the holder thereof for federal income tax purposes.
(2) The Issuer covenants with the Holders of the Series 2020 Bonds that neither
the Issuer nor any person under its control or direction will make any use of the proceeds
of such Series 2020 Bonds (or amounts deemed to be proceeds under the Code) in any
manner which would cause such Series 2020 Bonds to be “arbitrage bonds” within the
meaning of Section 148 of the Code and neither the Issuer nor any other such person
shall do any act or fail to do any act which would cause the interest on such Series 2020
Bonds to become includable in the gross income of the holder thereof for federal income
tax purposes.
(3) The Issuer hereby covenants with the Holders of the Series 2020 Bonds
that it will comply with all provisions of the Code necessary to maintain the exclusion of
the interest on such Series 2020 Bonds from the gross income of the holder thereof for
federal income tax purposes, including, in particular, the payment of any amount required
to be rebated to the U.S. Treasury pursuant to the Code.
SECTION 5.02. BOOKS AND RECORDS. The Issuer shall keep proper
books, records and accounts of the receipt of the Non-Ad Valorem Revenues in
accordance with generally accepted accounting principles, and any Holders of Bonds
shall have the right at all reasonable times to inspect such books, records, accounts and
data of the Issuer relating thereto. The Issuer shall, by each April 30th following the close
of each Fiscal Year of the Issuer, cause an audit of such books, records and accounts to
be made by an independent firm of certified public accountants.
Copies of each such audit report shall be placed on file with the Issuer and be
made available at reasonable times for inspection by Holders of the Bonds.
SECTION 5.03. ANNUAL AUDIT. The Issuer shall cause the financial
statements of the Issuer to be properly audited by a recognized independent certified
public accountant or recognized independent firm of certified public accountants, and
shall require such accountants to complete their report on the annual financial statements
in accordance with applicable law. Such annual financial statements shall contain, but
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not be limited to, a balance sheet, a statement of revenues, expenditures and changes in
fund balance, and any other statements as required by law or accounting convention, and
a report by such accountants disclosing any material default on the part of the Issuer of
any covenant or agreement herein which is disclosed by the audit of the financial
statements. The annual financial statements shall be prepared in conformity with
generally accepted accounting principles.
SECTION 5.04. NO IMPAIRMENT. The pledging of the Pledged Funds in the
manner and to the extent provided herein shall not be subject to repeal, modification or
impairment by any subsequent ordinance, resolution or other proceedings of the City
Council of the Issuer.
ARTICLE VI
DEFAULTS AND REMEDIES
SECTION 6.01. EVENTS OF DEFAULT. The following events shall each
constitute an “Event of Default:”
(1) The Issuer shall fail to make payment of the principal of, Amortization
Installment, redemption premium or interest on any Bond when due.
(2) There shall occur the dissolution or liquidation of the Issuer, or the filing by
the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any
act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer
for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by
the Issuer into an agreement of composition with its creditors, or the approval by a court
of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its
reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended,
or under any similar act in any jurisdiction which may now be in effect or hereafter
enacted.
(3) The Issuer shall default in the due and punctual performance of any other
of the covenants, conditions, agreements and provisions contained in the Bonds or in this
Resolution on the part of the Issuer to be performed, and such default shall continue for
a period of thirty (30) days after written notice of such default shall have been received
from the Holders of not less than twenty-five percent (25%) of the aggregate principal
amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be
deemed in default hereunder if such default can be cured within a reasonable period of
time and if the Issuer in good faith institutes curative action and diligently pursues such
action until the default has been corrected.
SECTION 6.02. REMEDIES. In the Event of Default, any Holder of Bonds
issued under the provisions of this Resolution or any trustee or receiver acting for such
Bondholders may either at law or in equity, by suit, action, mandamus or other
proceedings in any court of competent jurisdiction, protect and enforce any and all rights
Resolution No. 19-34
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under the laws of the State, or granted and contained in this Resolution, and may enforce
and compel the performance of all duties required by this Resolution or by any applicable
statutes to be performed by the Issuer or by any officer thereof.
The Holders of Bonds in an aggregate principal amount of not less than twenty-
five percent (25%) of the Bonds then Outstanding may by a duly executed certificate in
writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with
authority to represent such Bondholders in any legal proceedings for the enforcement
and protection of the rights of such Bondholders and such certificate shall be executed
by such Bondholders or their duly authorized attorneys or representatives, and shall be
filed in the office of the City Clerk. Notice of such appointment, together with evidence of
the requisite signatures of the Holders of not less than twenty-five percent (25%) in
aggregate principal amount of Bonds Outstanding and the trust instrument under which
the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and
notice of appointment shall be given to all Holders of Bonds in the same manner as
notices of redemption are given hereunder. After the appointment of the first trustee
hereunder, no further trustees may be appointed; however, the Holders of a majority in
aggregate principal amount of all the Bonds then Outstanding may remove the trustee
initially appointed and appoint a successor and subsequent successors at any time.
Notwithstanding anything herein to the contrary, acceleration as a remedy in the
Event of a Default is not permitted.
SECTION 6.03. DIRECTIONS TO PAYING AGENT AS TO REMEDIAL
PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then
Outstanding shall have the right, by an instrument or concurrent instruments in writing
executed and delivered to the Paying Agent, to direct the method and place of conducting
all remedial proceedings to be taken by the trustee hereunder, provided that such
direction shall not be otherwise than in accordance with law or the provisions hereof, and
that the trustee shall have the right to decline to follow any such direction which in the
opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such
direction.
SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred
upon or reserved to the Bondholders is intended to be exclusive of any other remedy or
remedies, and each and every such remedy shall be cumulative, and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute.
SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any
Bondholder to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver of any such default, or an
acquiescence therein; and every power and remedy given by Section 6.02 of this
Resolution No. 19-34
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Resolution to the Bondholders may be exercised from time to time, and as often as may
be deemed expedient.
SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event
of Default shall happen and shall not have been remedied, the Issuer or a trustee or
receiver appointed for the purpose shall apply all Pledged Funds as follows and in the
following order (provided, however, and notwithstanding anything herein to the contrary,
moneys in the Construction Fund which derive from the proceeds of the Series 2020
Bonds shall not be applied to the payment of the Series 2020 Bonds):
(1) To the payment of the reasonable and proper charges, expenses and
liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and
(2) To the payment of the interest and principal or Redemption Price, if
applicable, then due on the Bonds, as follows:
(A) All such moneys shall be applied:
FIRST: to the payment to the Persons entitled thereto of all installments of
interest then due, in the order of the maturity of such installments, and, if the
amount available shall not be sufficient to pay in full any particular installment, then
to the payment ratably, according to the amounts due on such installment, to the
Persons entitled thereto, without any discrimination or preference;
SECOND: to the payment to the Persons entitled thereto of the unpaid
principal of any of the Bonds which shall have become due at maturity or upon
mandatory redemption prior to maturity (other than Bonds called for redemption
for the payment of which moneys are held pursuant to the provisions of Section
8.01 of this Resolution), in the order of their due dates, with interest upon such
Bonds from the respective dates upon which they became due, and, if the amount
available shall not be sufficient to pay in full Bonds due on any particular date,
together with such interest, then to the payment first of such interest, ratably
according to the amount of such interest due on such date, and then to the
payment of such principal, ratably according to the amount of such principal due
on such date, to the Persons entitled thereto without any discrimination or
preference; and
THIRD: to the payment of the Redemption Price of any Bonds called for
optional redemption pursuant to the provisions of this Resolution.
(B) If the principal of all the Bonds shall have become due and payable,
all such moneys shall be applied to the payment of the principal and interest then due
and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or
priority of principal over interest or of interest over principal, or of any installment of
interest over any other installment of interest, or of any Bond over any other Bond, ratably,
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according to the amounts due respectively for principal and interest, to the Persons
entitled thereto without any discrimination or preference.
ARTICLE VII
SUPPLEMENTAL RESOLUTIONS
SECTION 7.01. SUPPLEMENTAL RESOLUTIONS WITHOUT
BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt
such Supplemental Resolutions without the consent of the Bondholders (which
Supplemental Resolutions shall thereafter form a part hereof) for any of the following
purposes:
(1) To cure any ambiguity or formal defect or omission or to correct any
inconsistent provisions in this Resolution or to clarify any matters or questions arising
hereunder.
(2) To grant to or confer upon the Bondholders any additional rights, remedies,
powers, authority or security that may lawfully be granted to or conferred upon the
Bondholders.
(3) To add to the conditions, limitations and restrictions on the issuance of
Bonds under the provisions of this Resolution other conditions, limitations and restrictions
thereafter to be observed.
(4) To add to the covenants and agreements of the Issuer in this Resolution
other covenants and agreements thereafter to be observed by the Issuer or to surrender
any right or power herein reserved to or conferred upon the Issuer.
(5) To specify and determine the matters and things referred to in Sections 2.01
or 2.02 hereof, and also any other matters and things relative to such Bonds which are
not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend,
modify or rescind any such authorization, specification or determination at any time prior
to the first delivery of such Bonds.
(6) To change or modify the description of the Project.
(7) To provide for the manner and terms of sale of the Bonds.
(8) To make any other change that, in the opinion of the Issuer, would not
materially adversely affect the security for the Bonds.
SECTION 7.02. SUPPLEMENTAL RESOLUTIONS WITH BONDHOLDERS'
CONSENT. Subject to the terms and provisions contained in this Section 7.02 and
Section 7.01 hereof, the Holders of not less than a majority in aggregate principal amount
of the Bonds then Outstanding shall have the right, from time to time, to consent to and
Resolution No. 19-34
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approve the adoption of such Supplemental Resolution or resolutions hereto as shall be
deemed necessary or desirable by the Issuer for the purpose of supplementing,
modifying, altering, amending, adding to or rescinding, in any particular, any of the terms
or provisions contained in this Resolution. No Supplemental Resolution may be
approved or adopted which shall permit or require (A) an extension of the maturity of the
principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in
the principal amount of any Bond or the Redemption Price or the rate of interest thereon,
(C) the creation of a lien upon or a pledge of other than the lien and pledge created by
this Resolution which adversely affects any Bondholders, (D) a preference or priority of
any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate
principal amount of the Bonds required for consent to such Supplemental Resolution,
unless such Supplemental Resolution has the approval of 100% of the Bondholders.
Nothing herein contained, however, shall be construed as making necessary the approval
by Bondholders of the adoption of any Supplemental Resolution as authorized in Section
7.01 hereof.
If, at any time the Issuer shall determine that it is necessary or desirable to adopt
any Supplemental Resolution pursuant to this Section 7.02, the City Clerk shall cause the
Registrar to give notice of the proposed adoption of such Supplemental Resolution and
the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at
their addresses as they appear on the registration books. Such notice shall briefly set
forth the nature of the proposed Supplemental Resolution and shall state that copies
thereof are on file at the offices of the City Clerk and the Registrar for inspection by all
Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder
by reason of its failure to cause the notice required by this Section 7.02 to be mailed and
any such failure shall not affect the validity of such Supplemental Resolution when
consented to and approved as provided in this Section 7.02.
Whenever the Issuer shall deliver to the City Clerk an instrument or instruments in
writing purporting to be executed by the Holders of not less than a majority in aggregate
principal amount of the Bonds then Outstanding, which instrument or instruments shall
refer to the proposed Supplemental Resolution described in such notice and shall
specifically consent to and approve the adoption thereof in substantially the form of the
copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt
such Supplemental Resolution in substantially such form, without liability or responsibility
to any Holder of any Bond, whether or not such Holder shall have consented thereto.
If the Holders of not less than a majority in aggregate principal amount of the Bonds
Outstanding at the time of the adoption of such Supplemental Resolution shall have
consented to and approved the adoption thereof as herein provided, no Holder of any
Bond shall have any right to object to the adoption of such Supplemental Resolution, or
to object to any of the terms and provisions contained therein or the operation thereof, or
in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the
Resolution No. 19-34
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Issuer from adopting the same or from taking any action pursuant to the provisions
thereof.
Upon the adoption of any Supplemental Resolution pursuant to the provisions of
this Section 7.02, this Resolution shall be deemed to be modified and amended in
accordance therewith, and the respective rights, duties and obligations under this
Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be
determined, exercised and enforced in all respects under the provisions of this Resolution
as so modified and amended.
ARTICLE VIII
MISCELLANEOUS
SECTION 8.01. DEFEASANCE. If the Issuer shall pay or cause to be paid, or
there shall otherwise be paid to the Holders of all Bonds, the principal or Redemption
Price, if applicable, and interest due or to become due thereon, at the times and in the
manner stipulated therein and in this Resolution, then the pledge of the Pledged Funds,
and all covenants, agreements and other obligations of the Issuer to the Bondholders,
shall thereupon cease, terminate and become void and be discharged and satisfied. In
such event, the Paying Agents shall pay over or deliver to the Issuer all money or
securities held by them pursuant to this Resolution which are not required for the payment
or redemption of Bonds not theretofore surrendered for such payment or redemption.
Any Bonds or interest installments appertaining thereto, whether at or prior to the
maturity or redemption date of such Bonds, shall be deemed to have been paid within the
meaning of this Section 8.01 if (A) in case any such Bonds are to be redeemed prior to
the maturity thereof, there shall have been taken all action necessary to call such Bonds
for redemption and notice of such redemption shall have been duly given or provision
shall have been made for the giving of such notice, and (B) there shall have been
deposited in irrevocable trust with a banking institution or trust company by or on behalf
of the Issuer either moneys in an amount which shall be sufficient, or Defeasance
Securities the principal of and the interest on which when due will provide moneys which,
together with the moneys, if any, deposited with such bank or trust company at the same
time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and
interest due and to become due on said Bonds on and prior to the redemption date or
maturity date thereof, as the case may be. Except as hereafter provided, neither the
Defeasance Securities nor any moneys so deposited with such bank or trust company
nor any moneys received by such bank or trust company on account of principal of or
Redemption Price, if applicable, or interest on said Defeasance Securities shall be
withdrawn or used for any purpose other than, and all such moneys shall be held in trust
for and be applied to, the payment, when due, of the principal of or Redemption Price, if
applicable, of the Bonds for the payment or redemption of which they were deposited and
the interest accruing thereon to the date of maturity or redemption; provided, however,
the Issuer may substitute new Defeasance Securities and moneys for the deposited
Resolution No. 19-34
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Defeasance Securities and moneys if the new Defeasance Securities and moneys are
sufficient to pay the principal of or Redemption Price, if applicable, and interest on the
refunded Bonds.
In the event the Bonds for which moneys are to be deposited for the payment
thereof in accordance with this Section 8.01 are not by their terms subject to redemption
within the next succeeding sixty (60) days, the Issuer shall cause the Registrar to mail a
notice to the Holders of such Bonds that the deposit required by this Section 8.01 of
moneys or Defeasance Securities has been made and said Bonds are deemed to be paid
in accordance with the provisions of this Section 8.01 and stating such maturity or
redemption date upon which moneys are to be available for the payment of the principal
of or Redemption Price, if applicable, and interest on said Bonds.
Nothing herein shall be deemed to require the Issuer to call any of the Outstanding
Bonds for redemption prior to maturity pursuant to any applicable optional redemption
provisions, or to impair the discretion of the Issuer in determining whether to exercise any
such option for early redemption.
SECTION 8.02. GENERAL AUTHORITY. The Mayor, the Vice Mayor, the
City Manager, the Finance Director, the City Attorney and any other proper officials of the
Issuer are hereby authorized to perform all acts and things required of them by this
Resolution or any Supplemental Resolution or desirable or consistent with the
requirements hereof for the full, punctual and complete performance of all of the terms,
covenants and agreements contained in the Bonds, this Resolution, and any
Supplemental Resolution, and they are hereby authorized to execute and deliver all
documents which shall be required by Bond Counsel or the initial purchasers of the Bonds
to effectuate the sale of the Bonds to said initial purchasers and any representation made
in such documents shall be deemed to be made on behalf of the Issuer. All action taken
to date by the officers of the Issuer in furtherance of the issuance of the Bonds is hereby
approved, confirmed and ratified.
SECTION 8.03. INTERESTED PARTIES. Nothing in this Resolution
expressed or implied is intended or shall be construed to confer upon, or to give to, any
person or entity, other than the Issuer, the Paying Agent, and the registered Holders of
the Bonds, any right, remedy or claim under or by reason of this Resolution or any
covenant, condition or stipulation thereof, and all covenants, stipulations, promises and
agreements in this Resolution contained by and on behalf of the Issuer shall be for the
sole and exclusive benefit of the Issuer, the Paying Agent, and the registered Holders of
the Bonds.
SECTION 8.04. NO PERSONAL LIABILITY. Neither the members of the City
Council of the Issuer, the Mayor, the Vice Mayor, the City Manager, the Finance Director,
the City Attorney, any person executing the Bonds nor any Charter officers shall be
Resolution No. 19-34
34
personally liable therefor or be subject to any personal liability or accountability by reason
of the issuance thereof.
SECTION 8.05. SEVERABILITY OF INVALID PROVISIONS. If any one or
more of the covenants, agreements or provisions of this Resolution shall be held contrary
to any express provision of law or contrary to the policy of express law, but not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and void and shall be
deemed separable from the remaining covenants, agreements or provisions and shall in
no way affect the validity of the other provisions hereof or of the Bonds.
SECTION 8.06. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to
the extent of such conflict.
SECTION 8.07. DECLARATION OF OFFICIAL INTENT. The Issuer hereby
expresses its intention to be reimbursed from proceeds of a tax-exempt financing or other
obligations for capital expenditures to be paid by the Issuer in connection with the
construction of the Project. Pending reimbursement, the Issuer expects to use funds on
deposit in its general fund and other funds legally available to pay a portion of the cost of
the Project. It is not reasonably expected that the total amount of debt to be incurred by
the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed
$30,000,000. This Resolution is intended to constitute a "declaration of official intent"
within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 8.08. VALIDATION AUTHORIZED. The City Attorney and Bond
Counsel are authorized and directed to prepare and file proceedings in the Circuit Court
of the Sixth Judicial Circuit of Florida in and for Pinellas County, Florida, for the validation
of the Bonds and the Project to be financed with the proceeds thereof, and the proper
officers of the Issuer are hereby authorized to verify on behalf of the Issuer any pleading
in such proceedings.
[Remainder of page intentionally left blank]
Resolution No. 19-34
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SECTION 8.09. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Passed and adopted by the City Council of the City of Clearwater, Florida this ___
day of November, 2019.
Approved as to form:
Pamela K. Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
By: __________________________
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
EXHIBIT A
DESCRIPTION OF IMAGINE CLEARWATER IMPROVEMENTS
COACHMAN PARK REDEVELOPMENT
SUMMARY OF IMPROVEMENTS
On February 21, 2017, the Clearwater City Council accepted the plan for the
redevelopment of Coachman Park known as Imagine Clearwater. This plan detailed a
concept for park redevelopment which is in the process of final design and activation
planning leading toward permitting in mid-2020.
This project is to occur in two phases commencing with a southerly portion or Phase I
which includes an amphitheater/band shell site along with a bluff walk, entry way plaza,
and various other improvements and amenities. These amenities and structural
components include an amphitheater/band shell with substantial back of house
associated facilities, covering canopy for up to 4,000 seats; marina office and public
restroom facilities; various trails and walkways comprising extensive hardscape
infrastructure; a bluff walk extending the length of the park from north to south and
including an elevated bridge/walkway across Cleveland Street; a small lake area with
bridge and island crossing, ceremony venue, and overlook structures; parking, lighting,
seating, and other public amenity areas.
Phase II improvements will occur in the northerly portion of the site and includes extensive
active use areas including interactive fountains; elevated “tree walk” play structure, slides,
and picnic areas; an extensive hardscape trail and pathway system; parking areas; public
restroom and related facilities; and stepped access to waterfront areas.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7105
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Phillies Update (WSO)
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7032
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve a six-year agreement with Reiss Engineering, Inc., of Orlando, FL, in the amount of
$4,175,000 for Water and Reclaimed Water Program Consultant Services (18-0040-UT) and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Request for Qualifications (RFQ 19-19) was issued seeking qualified consulting firms to
provide assessment, design, procurement, and construction engineering inspection services
(CEI) for projects related to the potable and reclaimed distribution systems throughout the City.
February 2019, the RFQ Selection Committee, consisting of representatives from Public
Utilities and Engineering departments, met after independent review to discuss their ranking of
the engineering firms and prepare a short-list for interviews.
March 2019, after formal presentations of the short-listed firms, the RFQ Selection Committee
selected Reiss Engineering, Inc. to provide the requested Water and Reclaimed Water
Program Consultant Services.
Services include assessment of existing pipeline conditions; design services for replacement
or relocation of water and reclaimed water mains; reconnection of service laterals to water and
reclaimed water mains; removal of existing pipe network; restoration and upgrades to all
disturbed areas; and Construction Engineering Inspection (CEI) services.
The City of Clearwater’s Public Utilities Department owns, operates and maintains the Water
and Reclaimed Water distribution systems.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided by various capital and operating codes as needed over the next 6-year
period.
Page 1 City of Clearwater Printed on 11/18/2019
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND REISS ENGINEERING, INC.
RFQ #19-19 WATER AND RECLAIMED WATER PROGRAM CONSULT ANT
This AGREEMENT is made and entered into on the day of November 2019 by and between the City of Clearwater, Florida (CITY) and Reiss Engineering, Inc. (CONSUL TANT).
WITNESSETH:
WHEREAS, the City of Clearwater's Water and Reclaimed Water Program consists of projects related to potable and reclaimed water mains and pipeline conditions in the CITY;
WHEREAS, the CITY desires to engage the CONSULT ANT to perform ce1iain professional services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSUL TANT desires to provide such professional services in accordance with this Agreement; and
WHEREAS, the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a response to Request For Qualifications #19-19.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the CONSUL TANT to the CITY will be that of a professional
consultant, and the CONSUL TANT will provide the professional and technical services
required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers perfmming the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the CONSULT ANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #19-19, Scope of Services. The CONSUL TANT' S services will include assessment of existing pipeline conditions; design services for replacement or relocation of water and reclaimed water mains;
reconnection of service laterals to water and reclaimed water mains; removal of existing
pipe network; restoration and upgrades to all disturbed areas; and Construction Engineering
Inspection (CEI) services for the following:
11/1/2019
Task Description CIP Budget *FY20 FY21 FY22 FY23 FY24 FY25
Non-Emergency Water-RCW
Main Replacements/Relocation
(Design /CEI Services)
Review historic information, assess/evaluate, design replacements/improvements,
procurement services, CEI and project closeout; representative projects include:
- South Fort Harrison Avenue water mains - Assess and replace approximately 2,500 LF of
6" and 8" cast iron pipe from Pierce Street to Druid Road;
- State Road 60 water main - Assess and replace approximately 10,700 LF of 20" concrete
pipe from Belcher Road to South Hillcrest Avenue;
- Drew Street water main - Assess and replace approximately 3,150 LF of 6" cast iron pipe
from North Jupiter Avenue to Cincinnati Parkway;
- Spring Creek water main - Upgrade aerial crossing at Betty Lane;
- Memorial Causeway reclaimed water mains - Abandon and reconnect section of 8" cast
iron pipe;
- Extend 16" ductile iron reclaimed water main from Pierce Street to Druid Road;
- Removal of various dead-end water and reclaimed water lines and construction of looped
systems to enhance water quality;
- Analyze data to determine if repairs and improvements reduced water loss within the
water and reclaimed water systems;
- Perform additional hydraulic and water quality modeling;
- Other substantially similar activities
9,850,000$
Task Description CIP Budget FY20 FY21 FY22 FY23 FY24 FY25
Emergency Water-RCW Point
Repairs (Design/CEI Services)
Prepare specifications and bid documents for annual emergency and non-emergency point
repairs to be performed by Contractor(s); support City as needed overseeing contractor 4,700,000$
Prep
Water/RCW
Bid Docs
$ 1,500,000 $ 850,000 $ 850,000 $ 750,000 $ 750,000
Water-RCW Main Replacements
(CEI Services)Replace mains with newer materials 6"+ (14 locations), 2" to 4" (40 locations)2,600,000$ $ 100,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000
Valve Replacements (CEI
Services)Replace broken valves or double disc gate valves 1,125,000$ 50,000$ 175,000$ 225,000$ 225,000$ 225,000$ 225,000$
Water-RCW Service Line
Replacements (CEI Services)Replace service lines with newer materials 2,600,000$ $ 100,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000
Totals (Engineering and Construction Costs):20,875,000$ 250,000$ 2,675,000$ 2,075,000$ 2,075,000$ 1,975,000$ 1,975,000$
Engineering fees (20%):4,175,000$
Water and Reclaimed Water Program Consultant Task List
City Project No. 18-0040-UT
Design/CEI Services
CEI Services
* Dollar amounts are not guaranteed and are subject to change. All budgets account for Engineering and Construction costs.
https://myclearwater.sharepoint.com/sites/EngineeringProjects/Shared Documents/2018 PROJECTS/18-0040-UT Water-RCW Program/100 Admin/RFQ/18-0040-UT CIP Project List/18-0040-UT CIP Project List_rev1.xlsx Page 1 of 1
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
1
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract,
agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
2
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor’s services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
3
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with
Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB
and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt
from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) 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.
c) 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.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
4
d) Upon completion of the 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
completion of the 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.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within eight (8) business days after the
notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
5
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City’s Purchasing Policy and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
6
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S.
Section 112, the City may cancel this Agreement after its execution, without penalty or further
obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
7
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
8
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the agreement will be referred to the administrator for resolution. Supplements may be
written to the agreement for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
RFQ #19-19, Exhibit A
STANDARD TERMS AND CONDITIONS
9
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND REISS ENGINEERING, INC.
RFQ #19-19
WATER AND RECLAIMED WATER PROGRAM CONSULTANT
EXHIBIT C
INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT’S deductible or self-insured retention and to require that
it be reduced or eliminated.
Specifically, the CONSULTANT 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.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in
accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the
minimum amount of $100,000 (one hundred thousand dollars) each employee each accident,
$100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred
thousand dollars) aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s
and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
d. If the CONSULTANT is using its own property, or the property of the City or other provider, in
connection with the performance of its obligations under this Agreement, then
CONSULTANT’S Equipment Insurance or Property Insurance on an “All Risks” basis with
replacement cost coverage for property and equipment in the care, custody and control of others
is required.
e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the
CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later than
the inception date of claims made coverage, unless prior policy was extended indefinitely to
cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental
extended reporting period (ERP) of as great a duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no
later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability
policies.
OTHER INSURANCE PROVISIONS.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of
the coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, CONSULTANT will provide the City with certified copies of
all applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Purchasing, RFQ #19-19
P.O. Box 4748
Clearwater, FL 33758-4748
b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage
for CONSULTANT’S negligence.
d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S
defense, for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that
the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of
CONSULTANT providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed as a
waiver of CONSULTANT’S obligation to provide the insurance coverage specified.
Purchasing Office
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
REQUEST FOR QUALIFICATIONS
RFQ #19-19
Water and Reclaimed Water Program Consultant
January 8, 2019
NOTICE IS HEREBY GIVEN that Statements of Qualifications will be received by the City of Clearwater
(City) until 10:00 AM, Local Time, February 7, 2019 to provide Water and Reclaimed Water Program
Consulting Services.
Brief Description: The City of Clearwater is soliciting responses from qualified consulting firms to provide
assessment, design, procurement, and construction engineering inspection services (CEI) for projects
related to potable and reclaimed water mains throughout the City.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing until the above noted time, when they will be publicly acknowledged and
accepted.
This Request for Qualifications, any attachments and addenda are available for download at
www.myclearwater.com/bid.
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, in writing,
to the Purchasing Manager.
This Request for Qualifications is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alyce.Benge@myclearwater.com
INSTRUCTIONS
Water/RCW Program Consultant 2 RFQ #19-19
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Contact listed
on Page One (1) - the Purchasing Manager. Questions should be submitted in writing via letter,
fax or email. Questions received less than seven (7) calendar days prior to the due date and time
may be answered at the discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and mailed to those who register on the City
website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors
are cautioned to check the Purchasing Website for addenda and clarifications prior to
submitting their response. The City cannot be held responsible if a vendor fails to receive any
addenda issued. The City shall not be responsible for any oral changes to these specifications
made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may
result in disqualification of a response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: February 7, 2019
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted, and will record the names and other
information specified by law and rule. All responses become the property of the City and will not
be returned except in the case of a late submission. Respondent names, as read at the opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, responses are available for inspection by contacting
Purchasing.
i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Responses will be received publicly at this address. Respondents may mail or hand-deliver
responses. E-mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent assumes the risk
of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any
private courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of
influencing the process or the award, between any person or affiliates seeking an award from this
solicitation and the City, including but not limited to the City Council, employees, and consultants
hired to assist in the solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the solicitation until the City
cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which
ends the solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session or Council committee meeting.
INSTRUCTIONS
Water/RCW Program Consultant 3 RFQ #19-19
This prohibition shall not apply to communication with the contact(s) identified in the solicitation or
City-initiated communications for the purposes of conducting the procurement including but not
limited to clarification of responses, presentations if provided in the solicitation, contract
negotiations, protest/appeal resolution, or surveying non-responsive vendors.
Violations of this provision shall be reported to the Purchasing Manager. Persons violating this
prohibition may be subject to a warning letter or rejection of their response depending on the nature
of the violation.
i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page One (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the response. Respondents are cautioned to verify their responses
before submission, as amendments to or withdrawal of responses submitted after time specified
for opening of responses may not be considered. The City will not be responsible for any
respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES Unless otherwise instructed or allowed, responses shall
be submitted on the forms provided. An original and the designated number of copies of each
response are required. Responses, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the response is not properly signed or if any changes are not initialed, it may be
considered non-responsive. The City may require that an electronic copy of the response be
submitted. The response must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved
as a (sub)contractor with any federal, state, or local government, or if any such preclusion from
participation from any public procurement activity is currently pending, the respondent shall include
a letter with its response identifying the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the
relevant circumstances relating to the suspension or debarment. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances including the details
enumerated above must be provided. A response from a respondent who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to
reissue the solicitation; to reject non-responsive or non-responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response from
respondent at any time, and failure to respond is cause for rejection. Submission of a response
confers on respondent no right to an award or to a subsequent contract. The City is responsible to
make an award that is in the best interest of the City. All decisions on compliance, evaluation,
terms and conditions shall be made solely at the City’s discretion and made to favor the City. No
binding contract will exist between the respondent and the City until the City executes a written
contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
INSTRUCTIONS
Water/RCW Program Consultant 4 RFQ #19-19
i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service,
professionalism, economy, and government by law in the Procurement process. The responsibility
for implementing this policy rests with each individual who participates in the procurement process,
including respondents and contractors.
To achieve the purpose of this Article, it is essential that respondents and contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of
ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in
the solicitation, believes the City improperly rejected its response, and/or believes the selected
response is not in the City’s best interests, the respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any
discrepancy exists between this Section and the Procurement Rules, the language of the
Procurement Rules controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the opening must be filed with the Purchasing Manager no later than five (5) business days before
Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10)
business days of the alleged violation of the applicable purchasing ordinance. The complete
protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
City of Clearwater
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Water/RCW Program Consultant 5 RFQ #19-19
i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of
City employees and/or authorized agents. The City staff may or may not initiate discussions with
respondents for clarification purposes. Clarification is not an opportunity to change the response.
Respondents shall not initiate discussions with any City employee or official.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the instructions
for submitting responses including completeness of response which encompasses the
inclusion of all required attachments and submissions. The City must reject any responses
that are submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the respondent is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and integrity-
e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether
the respondent is qualified legally to contract with the City, financial stability and the perceived
ability to perform completely as specified. A respondent must at all times have financial
resources sufficient, in the opinion of the City, to ensure performance of the contract and must
provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally
available industry information. The City reserves the right to inspect and review respondent’s
facilities, equipment and personnel and those of any identified subcontractors. The City will
determine whether any failure to supply information, or the quality of the information, will result
in rejection.
c) Technical Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation and how well the offer addresses the needs of the
project. The City will rank offers using a point ranking system (unless otherwise specified) as
an aid in conducting the evaluation.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria (Response Format, p. 11) Points
Technical Approach to Manage a System-wide Comprehensive Program (Tab 2) 35
Experience and Qualifications of Firm and Staff (Tab 3) 25
Work Plan and Schedule for Initial Projects (Tab 4) 25
Quality Management Approach (Tab 5) 15
i.17 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview
on-site at a City location upon request.
i.18 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City
to accept the response as submitted. If respondent fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do not
result in an acceptable agreement, the City may reject response or revoke the award, and may
begin negotiations with another Respondent. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the respondent
and the City until the City executes a written contract or purchase order.
i.19 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s
Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award
postings.
INSTRUCTIONS – EVALUATION
Water/RCW Program Consultant 6 RFQ #19-19
i.20 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: January 8, 2019
Advertise Tampa Bay Times: January 9, 2019
Responses due: February 7, 2019
Review responses/presentations: February 7 - February 22, 2019
Award recommendation: February 22, 2019
Council authorization: March 4, 2019
Contract begins: March 2019
DETAILED SPECIFICATIONS
Water/RCW Program Consultant 7 RFQ #19-19
1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City is looking for vendors who share that dedication and will help the City meet that goal.
2. INTRODUCTION. The City of Clearwater (City) is seeking a firm for assessment, design,
procurement, and construction engineering inspection services (CEI) for water and reclaimed water
(RCW) projects within a comprehensive program. The program’s initial priority is to address potable
water pipelines located within three (3) high-traffic roadways: Drew Street, South Fort Harrison
Avenue, and State Route 60.
The comprehensive program includes future Water/RCW point repairs and the evaluation of other
water pipelines (potable, raw, and/or RCW) beyond the three (3) roadways listed above, not limited
to assessments, design, procurement, and CEI services.
3. BACKGROUND. The City contracted with Echologics in 2016 to perform a condition assessment
on approximately 6,500 linear feet (LF) of six-inch to eight-inch (6” – 8”) diameter cast iron pipelines
located in Drew St. and S. Fort Harrison Ave. The portions evaluated include:
a. Drew St. - approximately 3,150 LF of 6-inch cast iron pipe from North Jupiter Avenue to
Cincinnati Parkway
b. So. Fort Harrison - approximately 2,500 LF of 6-inch and 8-inch cast iron pipe from Pierce
Street to Druid Road
Results of the Echologics assessment indicate each pipeline has portions that have lost more than
30% of original nominal thickness and are identified as in “poor” condition.
Additionally, the existing main on SR 60, from Belcher Road to South Hillcrest Avenue, consists of
approximately 10,700 feet of 20” concrete pipe. The concrete pipe is in poor condition and is
reportedly unrepairable in the event of a break.
The following information is posted on the City’s FTP site to aid in preparing proposals. Note that
access issues are typically due to the user’s system firewall/security settings:
FTP Site Access
ftp://ftpserver.myclearwater.com
Logon user name – vendor
Logon password – clearwater (note the lower case “c”)
Directory: Purchasing
Folder: RFQ 19-19 Water RCW Program Consultant
• Echologics. (March 2016). ePulse Condition Assessment on Cast Iron Distribution Mains in
Drew Street and Fort Harrison Avenue.
(File: 42215054_City of Clearwater_ePulse Report_Final.pdf)
• Florida Department of Transportation. (September 2001). Utility Joint Project Agreement No.
257033-1-56-01, State Road No. 590 (Drew Street. North Saturn Avenue to Northeast
Coachman Road)
(File:257033-1 Clearwater Utilities.pdf)
• City of Clearwater. (October 2018). Capital Improvement Projects – Public Utilities
(File: 18-0040-UT CIP Project List.pdf)
4. SCOPE OF SERVICES. A general overview of anticipated scope of services includes: review of
available information; assessment of existing pipeline conditions; design services to include
replacement of the water mains, reconnection of the water service laterals to the new main, removal
of the existing pipe network, and restoration and upgrades to all disturbed areas; permitting
services; and procurement services. After procurement, the successful respondent may also be
tasked with CEI services during construction.
DETAILED SPECIFICATIONS
Water/RCW Program Consultant 8 RFQ #19-19
The initial program projects – three (3) water mains – are as follows:
• The existing mains on Drew Street consists of a 6” cast iron pipe. The project on Drew Street
is anticipated to extend from North Jupiter Avenue to Cincinnati Parkway (3,150 LF); however,
the final extents will be determined during the design process.
• The existing mains on S. Fort Harrison Avenue consist of 8” and 4” cast iron pipe on each side
of the road. The project on Fort Harrison Avenue is anticipated to extend from Pierce Street to
Druid Road (approximately 2,500 LF); however, the final extents will be determined during the
design process.
• The existing main on State Route 60 consists of a 20” concrete pipe that is reportedly unable
to be repaired. The project on SR 60 is anticipated to extend from Belcher Road to South
Hillcrest Avenue.
These three (3) projects and other anticipated water/RCW projects are identified in the Capital
Improvement Projects – Public Utilities project list provided on the FTP site.
5. QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources,
and experience to perform the work in a satisfactory manner. Critical experience requirements
include a thorough understanding of data collection, hydraulic modeling and calibration, and cost
estimating as related to developing capital planning and maintenance strategies for water collection
systems.
6. INSURANCE REQUIREMENTS. The Consultant 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.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage
in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the
minimum amount of $100,000 (one hundred thousand dollars) each employee each accident,
$100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five
hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the
State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
d. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
DETAILED SPECIFICATIONS
Water/RCW Program Consultant 9 RFQ #19-19
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6. OTHER INSURANCE PROVISIONS
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Purchasing, RFQ #19-19
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for
Contractor’s negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor
providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall not be
construed as a waiver of Contractor’s obligation to provide the insurance coverage
specified.
MILESTONES
Water/RCW Program Consultant 10 RFQ #19-19
ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. March 2019 to September 2024.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
1. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
2. TERMS AND CONDITIONS. Exhibit A – Terms and Conditions is included in this Request for
Qualifications.
RESPONSE FORMAT
Water/RCW Program Consultant 11 RFQ #19-19
1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) response,
with seven (7) copies, and one (1) electronic format copy on a disc or thumb drive in a sealed
envelope/container.
2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11"
paper; a single 8½”x11” sheet printed on both sides is two (2) pages. All information must
be assembled and indexed in the order indicated below. The page count shall not exceed
twenty-four (24) total pages, include typed text, graphics, charts and photographs, but does
not include supporting documents for Tabs 6 and 7, the tabbed separator pages, cover page, Table
of Contents, and back page.
TAB 1 – Letter of Interest. The cover letter should briefly introduce the Consultant and also
include:
• A statement confirming that all information contained in the response is complete and
accurate.
• Signature from the firm’s principal certifying that sufficient resources in personnel,
equipment, and time are available and can be committed to this project.
• Contact information for the firm’s principal including email address and phone number.
TAB 2 – Technical Approach to Manage a System-wide Comprehensive Program (four [4]
pages). Describe the firm’s understanding of the program, initial projects, and methodology for
meeting the needs of the City.
TAB 3 – Experience and Qualifications of Firm and Staff (ten [10] pages). Describe the firm’s
background, experience, and qualifications of key personnel proposed to work on the program.
Include resumes for key team members (including subcontractors) demonstrating specific
project-related experience. Include information for three (3) projects/programs, preferably
within the last 10 years, for which the team has provided services closely related to this scope
of service. Include an organization chart and an affirmative statement indicating that the firm
and all assigned key professional staff are properly licensed to practice in Florida. Include the
expected amount of involvement for each consultant team member. Any changes in key
personnel after the contract award must be approved by the City.
TAB 4 – Work Plan and Schedule for Initial Projects (eight [8] pages). Provide a detailed work
plan, including tentative schedules, to complete each of three (3) initial projects. (Note: it is
unknown at this time whether the initial projects will be performed in sequence, simultaneously,
or with overlap).
TAB 5 – Quality Management Approach (two [2] pages). Provide information as to the firm’s
Quality Assurance/Quality Control plan and/or policy. Indicate specific steps conducted for
technical review of any type of deliverable prior to submission to a client. Identify standard
processes used. Define key factors that demonstrate the policy was successful and effective.
TAB 6 – Litigation.
1. Provide a complete listing of any convictions or fines incurred by the respondent firm or
any of its principals for violations of any state or federal law within the past three (3) years.
Identify firm’s executives who have current claims or who have participated in litigation
against the City of Clearwater while with another firm. Executives of firms currently under
litigation with the City may not be considered for this project.
2. Provide a complete listing of all litigation involving a construction project or contract
(excluding personal injury and workers’ compensation) whether currently pending or
concluded within the past three (3) years in which the respondent firm was a named party.
3. Provide a complete listing of all administrative proceedings involving a construction project
or contract, whether currently pending or concluded within the past three (3) years, in which
the respondent firm was a named party. (Note: Administrative Proceedings shall include:
(i) any action taken or proceeding brought by a governmental agency, department, or
officer to enforce any law, regulation, code, legal, or contractual requirement, (ii) any action
taken by a governmental agency, department, or officer imposing penalties, fines, or other
RESPONSE FORMAT
Water/RCW Program Consultant 12 RFQ #19-19
sanctions for failure to comply with any such legal or contractual requirement, or (iii) any
other matter before an administrative body.)
4. Provide a listing of arbitrations involving a construction project or contract, whether pending
or concluded in the past three (3) years, in which the respondent firm was named.
TAB 7 – Other Forms. The following forms should be completed and signed:
1. Exceptions, Additional Materials, Addenda form
2. Company Information form
3. Response Certification form
4. Copies of the firm’s current Florida Department of Business and Professional Regulation’s
License and key personnel licenses
5. If the firm is a corporation, a copy of the current Florida Corporation Registration
6. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure
to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Water/RCW Program Consultant 13 RFQ #19-19
Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Response non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this response
Additional Materials attached (describe--attach additional pages if needed)
Addenda
Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at
www.myclearwater.com/bid prior to the bid opening. Failure to acknowledge any addenda issued may
render a submittal Non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name__________________________________________________ Date__________________
COMPANY INFORMATION
Water/RCW Program Consultant 14 RFQ #19-19
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this response:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
RESPONSE CERTIFICATION
Water/RCW Program Consultant 15 RFQ #19-19
By signing and submitting this Response, the Company certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well
as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents
and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to
a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other
judicial process.
f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will
comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate
to their employees.
g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not
debarred by any Federal or public agency.
h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
i) It is current in all obligations due to the City.
j) It will accept such terms and conditions in a resulting contract if awarded by the City.
k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding
offers for the services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Water/RCW Program Consultant 16 RFQ #19-19
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #19-19, Water/RCW Program Consultant
Due Date: February 7, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #19-19, Water/RCW Program Consultant
Due Date: February 7, 2019, at 10:00 A.M.
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 19-36
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Engineering Department
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Accept a sidewalk easement from the property owner for the installation, repair and
maintenance of a sidewalk on real property located at 380 S. Martin Luther King Jr. Avenue and
adopt Resolution 19-36.
SUMMARY:
This Sidewalk Easement will allow the City rights for installation, repair and maintenance of a
sidewalk as the 380 S. Martin Luther King Jr. Ave. site is developed for commercial use.
Page 1 City of Clearwater Printed on 11/18/2019
[A05-00152 /242243/1]Resolution No. 19-36
RESOLUTION NO. 19-36
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A SIDEWALK EASEMENT FROM MADISON POINT,
LLC, FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT
OF A SIDEWALKAT 380 S. MARTIN LUTHER KING JR. AVENUE,
CLEARWATER, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater requires a sidewalk easement from Madison Point,
LLC for its development of the subject property, for the repair, maintenance, and replacement of
a sidewalk; and
WHEREAS,Madison Point, LLC wishes to grant the City of Clearwater said easement;
and
WHEREAS,by this Resolution, the City Council of the City of Clearwater wishes to accept
said grant of easement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby accepts the Sidewalk
Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to
Resolution 19-36.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ______ day of _________________, 2019.
________________________________
George N. Cretekos
Mayor
Approved as to form:Attest:
___________________________________________________________
Laura Mahony Rosemary Call
Assistant City Attorney City Clerk
EXHIBIT "A" TO RESOLUTION 19-36
EXHIBIT A
C
O
U
R
T
S
T
EWING AVE CHESTNUT ST
EWING PL S MARTIN LUTHER KING, JR. AVE GOULD ST
BROWNELL ST
380
405
407
911415
321
315
409
212
913317
406
915940210
208
319
404
407
413
211
411
1013
1019
1025
1038
1032
1026
1020
101410081000
1000101011061107AERIAL MAP
Proposed New 4' Sidewalk Easement
²
N.T.S.Scale:
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed New Sidewalk Easement380 S Martin Luther King, Jr. Ave.
Page 1 of 1Aerial Flown 2019
Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\308 S MLK Jr Ave..mxd
287AGrid #:15-29s-15eS-T-R:Date:10/11/2019WDMap Gen By:RBReviewed By:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 19-39
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Engineering Department
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Grant two Perpetual Easements to the Florida Department of Transportation for the purpose of
constructing and maintaining a pedestrian overpass at Harn Boulevard and U.S. 19 North,
authorize the appropriate officials to execute same and adopt Resolution 19-39.
SUMMARY:
The proposed perpetual easements will provide the Florida Department of Transportation
with property rights necessary to construct and maintain the Pedestrian Overpass, which
provides for community interest and public welfare.
FDOT has indicated construction over the overpass will take place in 2021/2022.
Page 1 City of Clearwater Printed on 11/18/2019
[GM19-1313-143/242710/1]Resolution No. 19-39
RESOLUTION NO. 19-39
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
GRANTING TWO PERPETUAL EASEMENTS IN FAVOR OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
PURPOSE OF CONSTRUCTING AND MAINTAINING A
PEDESTRIAN OVERPASS AT HARN BOULEVARD AND U.S. 19
NORTH, CLEARWATER, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or
improve State Road No. 55, Section No. 15150-XXXX , in PINELLAS County, Florida; and
WHEREAS, it is necessary that two easements across certain lands now owned by THE
CITY OF CLEARWATER, Florida, be acquired by the State of Florida Department of
Transportation; and
WHEREAS, said use is in the best interest of the City; and
WHEREAS, the State of Florida Department of Transportation has made application to
said City to execute and deliver to the State of Florida Department of Transportation two perpetual
easements in favor of the State of Florida Department of Transportation for the purpose of
constructing and maintaining a PEDESTRIAN OPVERPASS, and said request having been duly
considered; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The application of the State of Florida Department of Transportation for two
perpetual easements arefor transportation purposes which are in the public or community interest
and for public welfare; that two perpetual easements in favor of the State of Florida Department
of Transportation in the City of CLEARWATER , Florida, should be drawn and executed by this
City Council. Consideration shall be TEN DOLLARS and XX/100 ($10.00). The City Council
of the City of Clearwater hereby grants two perpetual easements, copies of which are attached
hereto and incorporated herein as Exhibits “A” and “B” to Resolution 19-39.
Section 2. A certified copy of this Resolution be forwarded forthwith to the State of Florida
Department of Transportation at 11201 N. Malcolm McKinley Drive Tampa, Florida 33612.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ______ day of _________________, 2019.
________________________________
George N. Cretekos
Mayor
Approved as to form:Attest:
___________________________________________________________
Laura Mahony Rosemary Call
Assistant City Attorney City Clerk
US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDHARN BLVD 257725762579258519206
19246
19080
19135
19042
AERIAL MAP
²
N.T.S.Scale:
Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\FDOT_Easement_HarnBlvd._USHWY19N.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
FDOT Easements for Pedestrian OverpassConstruction and Maintenance
Page 1 of 1Aerial Flown 2019XXXXGrid #:XX-XXs-XXeS-T-R:Date:11/1/2019WDMap Gen By:
Parcel 804
Parcel 805
RBReviewed By:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-09019
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2048 The
Mall, and pass Ordinances 9328-19, 9329-19 and 9330-19 on first reading. (ANX2019-09019)
SUMMARY:
This voluntary annexation petition involves 0.114 acres of property consisting of one parcel of
land occupied by a single-family dwelling. It is located on the west side of The Mall,
approximately 570 feet south of Union Street. The applicant is requesting annexation in order to
receive sanitary sewer and solid waste service from the City. The property is located within an
enclave and is contiguous to existing city limits to the north, east and west. It is proposed that
the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from the City. The closest sanitary sewer
line is located in the adjacent The Mall right-of-way. The applicant is aware that the
sewer impact fee must be paid prior to connection and of the additional costs to extend
city sewer service to this property. Collection of solid waste will be provided to the
property by the City. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will
not have an adverse effect on public facilities and their levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
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 11/18/2019
File Number: ANX2019-09019
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Urban (RU) 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 7.5 units per acre. The proposed
zoning district to be assigned to the property is Low Medium Density Residential
(LMDR). The use of the subject property is consistent with the uses allowed in the
District and the property meets the District’s minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
·The property proposed for annexation is contiguous to existing city limits to the north,
east and west; 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 11/18/2019
Ordinance No. 9328-19
ORDINANCE NO. 9328-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF THE MALL
APPROXIMATELY 570 FEET SOUTH OF UNION STREET,
WHOSE POST OFFICE ADDRESS IS 2048 THE MALL,
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 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 G, Brooklawn, according to the Plat thereof as recorded in Plat Book
13, Page(s) 59, of the Public Records of Pinellas County, Florida
(ANX2019-09019)
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 Community Development Coordinator
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. 9328-19
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
12060
46998
ABC
F G
H
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
7
8
1
2 10
11 1
2 2324
3 4
5
6
7
8
910
15 16
17
18
19
20
2122
27 28
29
30
22
23
24
1
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
UNION ST THE MALL IDLEWILD DR N BETTY LN POINSETTA AVE ARBELIA ST
PALM ST
BERMUDA ST 13112073
2081 1325132112911284131720441279
2043
2064
20661275
2040
2067
20351283
13012080
2044
2048 13312066
129013092072
127712752071
2053133012782079 2084
2000 13452070 133713332087
2028
2075
2060
205712732081 13412069
1292127412832049
2071
203112792050
2056
13252058
2077
128220311300 2047
20631322
2049
2068B
2080A
2083
2048
2052
12932067
2076
12762039
2065
20882077
2063
131713102064
2080B
2068A -Not to Scale--Not a Survey-Rev. 9/17/2019
PROPOSED ANNEXATION
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
Ordinance No. 9329-19
ORDINANCE NO. 9329-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE WEST SIDE OF THE MALL
APPROXIMATELY 570 FEET SOUTH OF UNION STREET,
WHOSE POST OFFICE ADDRESS IS 2048 THE MALL,
CLEARWATER, FLORIDA 33755, 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
Lot 12, Block G, Brooklawn, according to the
Plat thereof as recorded in Plat Book 13,
Page(s) 59, of the Public Records of Pinellas
County, Florida.
Residential Urban
(RU)
(ANX2019-09019)
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. 9328-19.
Ordinance No. 9329-19
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
12060
46998
ABC
F G
H
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
7
8
1
2 10
11 1
2 2324
3 4
5
6
7
8
910
15 16
17
18
19
20
2122
27 28
29
30
22
23
24
1
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
UNION ST THE MALL IDLEWILD DR N BETTY LN POINSETTA AVE ARBELIA ST
PALM ST
BERMUDA ST
RU RU
RU RU
RU
RU
RU
RU
RU RU
RU
RURU
RU
RU
RU
RMRU1311207313251321129112841317204412792043
2064
20661275
2040
2067
20351283 2080
2044
2048 13312066
129013092072
127712752071
2053133012782079 2084
2000 13452070 133713332087
2028
2075
2060
205712732081
2069
1292127412832049
2071
203112792050
2056
132520581282
13002047
206313222068B
2080A2081
2083
2048
2052
12932067
2076
130112762039
2065
20882077
2063
1317131013412064
2077
2031
2049
2080B
2068A -Not to Scale--Not a Survey-Rev. 9/17/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
Ordinance No. 9330-19
ORDINANCE NO. 9330-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF THE MALL APPROXIMATELY 570
FEET SOUTH OF UNION STREET, WHOSE POST OFFICE
ADDRESS IS 2048 THE MALL, CLEARWATER, FLORIDA
33755, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described 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. 9328-19.
Property Zoning District
Lot 12, Block G, Brooklawn, according to
the Plat thereof as recorded in Plat Book 13,
Page(s) 59, of the Public Records of Pinellas
County, Florida .
Low Medium Density Residential
(LMDR)
(ANX2019-09019)
Ordinance No. 9330-19
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
12060
46998
ABC
F G
H
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
7
8
1
2 10
11 1
2 2324
3 4
5
6
7
8
910
15 16
17
18
19
20
2122
27 28
29
30
22
23
24
1
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
UNION ST THE MALL IDLEWILD DR N BETTY LN POINSETTA AVE ARBELIA ST
PALM ST
BERMUDA ST
LMDR
MDR13112073
2081 1325132112911284131720441279
2043
2064
20661275
2040
2067
20351283
13012080
2044
2048 13312066
129013092072
127712752071
2053133012782079 2084
2000 13452070 133713332087
2028
2075
2060
205712732081 13412069
1292127412832049
2071
203112792050
2056
13252058
2077
128220311300 2047
20631322
2049
2068B
2080A
2083
2048
2052
12932067
2076
12762039
2065
20882077
2063
131713102064
2080B
2068A -Not to Scale--Not a Survey-Rev. 9/17/2019
PROPOSED ZONING MAP
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
UNION ST KINGS HWY N BETTY LN IDLEWILD DR POINSETTA AVE ARBELIA ST THE MALL ALPINE RD LANTANA AVE N EVERGREEN AVE PALM ST FREEDOM DR BYRAM DR
BERMUDA ST
SEDEEVA CIR N
GARDENIA CT PINECREST WAY ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/17/2019
LOCATION MAP
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
UNION ST UNION ST THE MALL THE MALL IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN POINSETTA AVE POINSETTA AVE ARBELIA ST ARBELIA ST
PALM ST PALM ST
BERMUDA ST BERMUDA ST -Not to Scale--Not a Survey-Rev. 9/17/2019
AERIAL PHOTOGRAPH
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
12060
46998
ABC
F G
H
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
7
8
1
2 10
11 1
2 2324
3 4
5
6
7
8
910
15 16
17
18
19
20
2122
27 28
29
30
22
23
24
1
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
UNION ST THE MALL IDLEWILD DR N BETTY LN POINSETTA AVE ARBELIA ST
PALM ST
BERMUDA ST 13112073
2081 1325132112911284131720441279
2043
2064
20661275
2040
2067
20351283
13012080
2044
2048 13312066
129013092072
127712752071
2053133012782079 2084
2000 13452070 133713332087
2028
2075
2060
205712732081 13412069
1292127412832049
2071
203112792050
2056
13252058
2077
128220311300 2047
20631322
2049
2068B
2080A
2083
2048
2052
12932067
2076
12762039
2065
20882077
2063
131713102064
2080B
2068A -Not to Scale--Not a Survey-Rev. 9/17/2019
EXISTING SURROUNDING USES MAP
Owner(s): John V. & Jessica LaFree Case: ANX2019-09019
Site: 2048 The Mall
Property
Size(Acres):
ROW (Acres):
0.114
Land Use Zoning PIN: 03-29-15-12060-007-0120
From : Residential Urban
(RU)
R-4 One, Two and
Three Family
Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Multi-Family
Residential Multi-Family Residential
ANX2019-09019
John V. & Jessica LaFree
2048 The Mall
View looking west at subject property, 2048 The Mall.
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along The Mall View looking southerly along The Mall
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-09020
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.2
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 2765
Avocado Drive, and pass Ordinances 9331-19, 9332-19, and 9333-19 on first reading.
(ANX2019-09020)
SUMMARY:
This voluntary annexation petition involves a 0.205-acre property consisting of one parcel of
land occupied by a single-family dwelling. The property is located on the south side of Avocado
Drive approximately 190 feet west of Calamondin Lane. The applicant is requesting annexation
in order to receive solid waste service from the City. The property is not contiguous to existing
city boundaries; however, it is in an enclave which is surrounded by properties within the City’s
jurisdiction on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service
Boundary Agreement with Pinellas County. It is proposed that the property be assigned a
Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from Pinellas County and sanitary
sewer service from the City of Clearwater. Collection of solid waste will be provided by
the City of Clearwater. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 McMullen Booth Road.
Fire and emergency medical services will be provided to this property by Station #49
located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property
with solid waste, police, fire and EMS service. The property will continue to receive
water service from Pinellas County. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policies 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 11/18/2019
File Number: ANX2019-09020
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
Policy A.7.2.4. Allow voluntary annexations for noncontiguous properties that are
within an enclave as define by Section 171.031(13)(a), Florida Statutes (Type A
enclaves) and as authorized by the 2014 Interlocal Service Boundary Agreement
(ISBA) between Pinellas County and municipalities, including the City of
Clearwater.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with
the current Countywide Plan designation of the property. 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 the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District and
the property exceeds the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
·The property proposed for annexation is not contiguous to city boundaries but is located
in a Type A enclave and is therefore consistent with the Interlocal Service Boundary
Agreement authorized by Florida Statutes Section 171.203.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/18/2019
Ordinance No. 9331-19
ORDINANCE NO. 9331-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY ON THE SOUTH SIDE OF
AVOCADO DRIVE, APPROXIMATELY 190 FEET WEST OF
CALAMONDIN LANE, AND 384 FEET SOUTH OF SR 590,
WHOSE POST OFFICE ADDRESS IS 2765 AVOCADO
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 an Interlocal Service Boundary Agreement authorized by
Part II of Chapter 171, 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 7, Block 8, Virginia Groves Estates First Addition, according to the Plat thereof
as recorded in Plat Book 47, pages 41 through 43, of the Public Records of Pinellas County,
Florida.
(ANX2019-09020)
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 Community Development Coordinator
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. 9331-19
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
266000 26700094302
3
4
6
7
8
9
10
23
27
28
29
30
31
32
33
34
35
36
37
38
17
1 2 3 4 5 6 7 8
910111213141516
1 2 3 4 5 6 7 8
9101112
13141516
1 2 3 456 7 8
910111213141516
1 2 34 5 67 8
1
2
3
4
5
6
7
8
9
10
11
12 13
14
15
16
17
18
19
20
21
22
23
24
22
2
1 2 3 4 5 6 7105255.04
KUMQUAT DR
NAVEL DR PINEAPPLE LN CALAMONDIN LN AVOCADO DR
SHADDOCK DR 135274827422743274927392755276627722765277127542760275927381509 2729273927432749275927552765277127722754276027662730273227381412
1509
27431409
27291420
274927371504
2754274327591517
1505
15171520
1501
1413
27601513
27421500
1418
27711417
1512
1501
1516
27721406
1419
1407
1413 27721421
27662765275914002730 1521
1410 2748274227481509
1505 27122755274827421605
1508 2754141727262765273027392771
274914132738142127601521
1400
1411276627221513
1611
-Not to Scale--Not a Survey-Rev. 9/5/2019
PROPOSED ANNEXATION MAP
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9332-19
ORDINANCE NO. 9332-19
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 GENERALLY ON THE SOUTH SIDE
OF AVOCADO DRIVE, APPROXIMATELY 190 FEET WEST
OF CALAMONDIN LANE, AND 384 FEET SOUTH OF SR
590, WHOSE POST OFFICE ADDRESS IS 2765 AVOCADO
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 7, Block 8, Virginia Groves Estates First
Addition, according to the Plat thereof as
recorded in Plat Book 47, pages 41 through
43, of the Public Records of Pinellas County,
Florida.
Residential Low
(RL)
(ANX2019-09020)
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.
Ordinance No. 9332-19
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9331-19.
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 266000 26700094302
3
4
6
7
8
9
10
23
27
28
29
30
31
32
33
34
35
36
37
38
17
1 2 3 4 5 6 7 8
910111213141516
1 2 3 4 5 6 7 8
9101112
13141516
1
2 3 456 7 8
910111213141516
1 2 34 5 67 8
1
2
3
4
5
6
7
8
9
10
11
12 13
14
15
16
17
18
19
20
21
22
23
24
22
2
1 234567105255.04
RL
RL
RL
RL
RL
RL
RL
RU
RU RL
KUMQUAT DR
NAVEL DR PINEAPPLE LN CALAMONDIN LN AVOCADO DR
SHADDOCK DR 274227482748274227432749273927552772276527712754276027381509 27292739274327492755276527712772275427602766273027321509
1505
2738271227551412 274827421605
1508
1509
274327541417
1409
27291420
27371504 27262754274327591517
1520 27301413
27601513
27421500
1418
27711417
277127491413
1512
1501
1516
27721421
1406
1419 27601407
1413 27721521
1421
1400 2766276527591411
1400276627222730 1513
1410 27481611
13527662759275927491505
1517
27651501
273927381521-Not to Scale--Not a Survey-Rev. 9/6/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9333-19
ORDINANCE NO. 9333-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY ON THE SOUTH SIDE OF AVOCADO DRIVE,
APPROXIMATELY 190 FEET WEST OF CALAMONDIN
LANE, AND 384 FEET SOUTH OF SR 590, WHOSE POST
OFFICE ADDRESS IS 2765 AVOCADO 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.
Property Zoning District
Lot 7, Block 8, Virginia Groves Estates First
Addition according to the Plat thereof as
recorded in Plat Book 47 pages 41 through
43, of the Public Records of Pinellas County,
Florida.
Low Medium Density Residential
(LMDR)
(ANX2019-09020)
Ordinance No. 9333-19
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9331-19.
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 266000 26700094302
3
4
6
7
8
9
10
23
27
28
29
30
31
32
33
34
35
36
37
38
17
1 2 3 4 5 6 7 8
910111213141516
1 2 3 4 5 6 7 8
9101112
13141516
1 2 3
456 7 8
910111213141516
1 2 34 5 67 8
1
2
3
4
5
6
7
8
9
10
11
12 13
14
15
16
17
18
19
20
21
22
23
24
22
2
1 234567105255.04 LMDRLMDR
LMDR LMDR
LMDR
KUMQUAT DR
NAVEL DR PINEAPPLE LN CALAMONDIN LN AVOCADO DR
SHADDOCK DR 135274227432749273927552765277127542760275927381509 2729273927432749275927552765277127722754276027662730273227381509
27431409
27291420
274927371504
2754274327591505
15171520
1501
27601513
27421500
1418
27711417
1512
1501
1516
27721406
1419
1407
1413 27721421
27662765275914002730 1521
1410 2748274227482748276627721509
1505 271227551412 274827421605
1508 275414172726151727652730
1413 27392771274914132738142127601521
1400
1411276627221513
1611
-Not to Scale--Not a Survey-Rev. 9/6/2019
PROPOSED ZONING MAP
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDCALAMONDIN LN FAIRWOOD AVE WEST VIRGINIA LN KUMQUAT DR
NAVEL DR PINEAPPLE LN PARK TRAIL LN
EDENWOOD ST BEACHWOOD AVE AVOCADO DR
DOVEWOOD ST
SHADDOCK DR
CANDLEWOOD ST COUNTRY LN W^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/5/2019
LOCATION MAP
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
NAVEL DR NAVEL DR
KUMQUAT DR KUMQUAT DR PINEAPPLE LN PINEAPPLE LN CALAMONDIN LN CALAMONDIN LN AVOCADO DR AVOCADO DR
SHADDOCK DR SHADDOCK DR -Not to Scale--Not a Survey-Rev. 9/6/2019
AERIAL PHOTOGRAPH
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
266000 26700094302
3
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1 2 3 4 5 6 7 8
910111213141516
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9101112
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910111213141516
1 2 34 5 67 8
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1 2 3 4 5 6 7105255.04
KUMQUAT DR
NAVEL DR PINEAPPLE LN CALAMONDIN LN AVOCADO DR
SHADDOCK DR 135274827422743274927392755276627722765277127542760275927381509 2729273927432749275927552765277127722754276027662730273227381412
1509
27431409
27291420
274927371504
2754274327591517
1505
15171520
1501
1413
27601513
27421500
1418
27711417
1512
1501
1516
27721406
1419
1407
1413 27721421
27662765275914002730 1521
1410 2748274227481509
1505 27122755274827421605
1508 2754141727262765273027392771
274914132738142127601521
1400
1411276627221513
1611
-Not to Scale--Not a Survey-Rev. 9/5/2019
EXISTING SURROUNDING USES MAP
Owner(s): Peter Bakhit Case: ANX2019-09020
Site: 2765 Avocado Drive
Property
Size(Acres):
ROW (Acres):
0.205
Land Use Zoning PIN: 08-29-16-94302-008-0070
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 273A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
ANX2019-09020
Peter Bakhit
2765 Avocado Drive
View looking south at subject property, 2765 Avocado Drive
East of subject property
West of subject property
North of subject property, across Avocado Drive
View looking easterly along Avocado Drive View looking westerly along Avocado Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-09021
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.3
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 1717
Grove Drive, and pass Ordinances 9334-19, 9335-19, and 9336-19 on first reading.
(ANX2019-09021)
SUMMARY:
This voluntary annexation petition involves a 0.184-acre property consisting of one parcel of
land occupied by a single-family dwelling. The property is located on the east side of Grove
Drive, approximately 395 feet north of SR590. The applicant is requesting annexation in order to
receive sanitary sewer and solid waste service from the City. The property is located within an
enclave and is contiguous to existing city boundaries on all sides. The annexation of the
property will eliminate an enclave. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Grove Drive right-of-way. The applicant
has paid the City's sewer impact and assessment fees and is aware of the additional
costs to extend City sewer service to this property. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District III and
service will be administered through the district headquarters located at 2851 McMullen
Booth Road. Fire and emergency medical services will be provided to this property by
Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve
this property with sanitary sewer, solid waste, police, fire and EMS service. The
property will continue to receive water service from Pinellas County. The proposed
annexation will not have an adverse effect on public facilities and their levels of service;
and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ANX2019-09021
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 current Countywide Plan designation of the property .
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 the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the uses
allowed in the District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the Countywide
Plan and the City’s Comprehensive Plan and Community Development Code; and
·The property proposed for annexation is contiguous to existing city boundaries on all
sides; therefore, the annexation is consistent with Florida Statutes Section 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/18/2019
Ordinance No. 9334-19
ORDINANCE NO. 9334-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY ON THE EAST SIDE OF GROVE
DRIVE, APPROXIMATELY 395 FEET NORTH OF SR 590,
WHOSE POST OFFICE ADDRESS IS 1717 GROVE 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 26, Block 2 of Virginia Grove Terrace First Addition, according to the Plat thereof
as recorded in Plat Book 37, page(s) 62, of the Public Records of Pinellas County, Florida.
(ANX2019-09021)
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 Community Development Coordinator
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. 9334-19
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 94392943749435694338
943207 6 6 5 5 4 4 2 2
3 3 3 3 3
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20391234567891011
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TRACT A
1
SR 590 EVANS DR LUCAS DR GROVE DR THOMAS DR N TERRACE DR
EL TRINDAD DR E1747
1741
27201765
1717
2723270028051704
1721172127521737275817281728
1737
1732 1733
2760170027341720
1701
1705 27731708
27591736
1612
1716 1716
1759
1737
1745 27641728
17162738
1713
1749
27711733 27701704
1741
271317122718 1733
1747
1705
273517042711 1728
17462724
278527651718
1725
1737
1709
17412746
1725
1733
1717
2729172927101753
172027232747
1700
1701
1749
1736
1729
1732 27801716
1725
1750
1705
1753
275317211721
1760
1720
1745 27401732
1720
1708
1729
1604
277727591741
1704
1755
1708273017161717
1729
1752
27411751
1709
1732
274717152714
1712 17122776
27701712
1736
1753
1712
1717
1721
1704
1765
1739
1750
1705
1734
1754
1748
17642751
1724
1751
1736
1740
1728
1744
1724
1724
1758
1777
1740
1705
1740
1724
1748
1736
1
1740
17561752
1746
1789
1713
1759
1768
1745
1724
1727
1709
28001754
1731
1764
27531771
1744
1756
1717
1772
1740
1783
1701 -Not to Scale--Not a Survey-Rev. 9/6/2019
PROPOSED ANNEXATION
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 264A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9335-19
ORDINANCE NO. 9335-19
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 GENERALLY ON THE EAST SIDE
OF GROVE DRIVE, APPROXIMATELY 395 FEET NORTH
OF SR 590, WHOSE POST OFFICE ADDRESS IS 1717
GROVE 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 26, Block 2, of Virginia Grove Terrace
First Addition, according to the Plat thereof
as recorded in Plat Book 37, page(s) 62, of
the Public Records of Pinellas County,
Florida.
Residential Low
(RL)
(ANX2019-09021)
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. 9334-19.
Ordinance No. 9335-19
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 94392943749435694338
943207 6 6 5 5 4 4 2 2
3 3 3 3 3
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20391234567891011
1
TRACT A
1
RLRLRL RL RL
RL
RL
RL
RLRU
RU
SR 590 EVANS DR LUCAS DR GROVE DR THOMAS DR N TERRACE DR
EL TRINDAD DR E1712
1747
1741
27201717
1765
1717
27231721
270028051704
1721
1704
1765
1721 275217372758
17281728
1737
1733 1739
27601700
1750
1720
1701
1705 27731708
27591705
1736
1612
1716 1716
1759
1737
1734
1745 27641728
17162738 1754
1713
1749
27711733
17482770
1704
17642751
1741
271317122718 1751
1733
1747
1705
1736
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1728
1704
1744
1724
17582711
1728
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1740
1705
17462724
1740
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1725
1737
1709
1741
1748 27461736
1725
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272927101753
172027232747 1740
1700
1701
1749
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1736
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1732 27801716
1725
1746
1750
1789
1713
1705
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27531768
17211721
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1720
1745 27401745
1732
1720
1727
1708
1709
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27771764
27591741
27531771
1704
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17161717
1752
27411751
1709
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1712 171227761772
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1736
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1732 27341724 1724
278527651724
1729
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1729
1724
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17311729
1717
2770-Not to Scale--Not a Survey-Rev. 9/6/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 264A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Ordinance No. 9336-19
ORDINANCE NO. 9336-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY ON THE EAST SIDE OF GROVE DRIVE,
APPROXIMATELY 395 FEET NORTH OF SR 590, WHOSE
POST OFFICE ADDRESS IS 1717 GROVE 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. 9334-19.
Property Zoning District
Lot 26, Block 2, of Virginia Grove Terrace
First Addition according to the Plat thereof
as recorded in Plat Book 37 page(s) 62, of
the Public Records of Pinellas County,
Florida.
Low Medium Density Residential
(LMDR)
(ANX2019-09021)
Ordinance No. 9336-19
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 94392943749435694338
943207 6 6 5 5 4 4 2 2
3 3 3 3 3
1
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20391234567891011
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TRACT A
1
SR 590 EVANS DR LUCAS DR GROVE DR THOMAS DR N TERRACE DR
EL TRINDAD DR E1747
1741
27201765
1717
2723270028051704
1721172127521737275817281728
1737
1732 1733
2760170027341720
1701
1705 27731708
27591736
1612
1716 1716
1759
1737
1745 27641728
17162738
1713
1749
27711733 27701704
1741
271317122718 1733
1747
1705
273517042711 1728
17462724
278527651718
1725
1737
1709
17412746
1725
1733
1717
2729172927101753
172027232747
1700
1701
1749
1736
1729
1732 27801716
1725
1750
1705
1753
275317211721
1760
1720
1745 27401732
1720
1708
1729
1604
277727591741
1704
1755
1708273017161717
1729
1752
27411751
1709
1732
274717152714
1712 17122776
27701712
1736
1753
LMDR
1712
1717
1721
1704
1765
1739
1750
1705
1734
1754
1748
17642751
1724
1751
1736
1740
1728
1744
1724
1724
1758
1777
1740
1705
1740
1724
1748
1736
1
1740
17561752
1746
1789
1713
1759
1768
1745
1724
1727
1709
28001754
1731
1764
27531771
1744
1756
1717
1772
1740
1783
1701 -Not to Scale--Not a Survey-Rev. 9/6/2019
PROPOSED ZONING MAP
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 264A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
US-19 NSR 590
SOUTH DR E US-19 FRONTAGE RDOWEN DR W US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR
WOODRING DR DIANE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR
CARDINAL DR EL TRINDAD DR EKUMQUAT DR CARLTON DR SKYLAND DR MARILYN DR DIANE TER
N TERRACE DR COACHMAN PLAZA DR HARBOR CIR OWEN DR AUDREY DR CARDINAL DR ^PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/6/2019
LOCATION MAP
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 264A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
SR 590 SR 590 EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR N TERRACE DRN TERRACE DR
EL TRINDAD DR EEL TRINDAD DR E-Not to Scale--Not a Survey-Rev. 9/6/2019
AERIAL PHOTOGRAPH
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
From : Residential Low (RL) R-3 Single Family Residential
Atlas Page: 264A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
94392943749435694338
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TRACT A
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SR 590 EVANS DR LUCAS DR GROVE DR THOMAS DR N TERRACE DR
EL TRINDAD DR E1747
1741
27201765
1717
2723270028051704
1721172127521737275817281728
1737
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1783
1701 -Not to Scale--Not a Survey-Rev. 9/6/2019
EXISTING SURROUNDING USES MAP
Owner(s): Timothy M. Fellows Case: ANX2019-09021
Site: 1717 Grove Drive
Property
Size(Acres):
ROW (Acres):
0.184
Land Use Zoning PIN: 05-29-16-94338-002-0260
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
ANX2019-09021
Timothy M. Fellows
1717 Grove Drive
View looking east at subject property, 1717 Grove Drive
South of subject property
North of subject property
West of subject property, across Grove Drive.
View looking northerly along Grove Drive View looking southerly along Grove Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9340-19
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines to update the public boardwalk standards in “Marina District Boardwalk
Design Guidelines and Specifications,” and pass Ordinance 9340-19 on first reading.
SUMMARY:
Beach by Design was adopted in 2001 by the City as a special area plan that set forth a series
of revitalization strategies for Clearwater Beach and established character districts to regulate
land use, location of uses, and, generally, the scale of development. Beach by Design supports
the redevelopment of the Marina District into a pedestrian and boater-friendly destination and
offers development incentives for waterfront development proposals that provide to the City a
15-foot wide boardwalk within a 20-foot public access easement adjacent to the seawall and to
non-waterfront development proposals which contribute financially to the Papaya and Baymont
Street streetscapes or the public boardwalk. In 2013, the City amended Beach by Design to
adopt by reference new “Marina District Design Guidelines and Specifications” prepared by the
City’s Parks and Recreation Department for the construction of the public boardwalk.
Proposed Ordinance 9340-19 updates the “Marina District Design Guidelines and
Specifications.” During construction of the Papaya Street Plaza entry node, the design and
materials used were modified from what the specifications called for. This amendment updates
the guidelines to reflect what was constructed at the Papaya Street Plaza entry node and
incorporates updated citywide standards for benches, trash cans, trees and landscaping. The
proposed changes address finish materials, lighting, trash receptacles, benches, landscaping,
and the boardwalk construction and materials (e.g., timber piles, decking, and railing). Section
diagrams of the boardwalk and East Shore Drive sidewalk have also been revised. The
updated guidelines will ensure any privately constructed portion of the boardwalk is consistent
with what has already been built.
The proposed amendment is consistent with and furthers the goals, policies and objectives of
the Comprehensive Plan, and also furthers the purposes of the Community Development Code
and other city ordinances and actions designed to implement the Plan.
The Community Development Board, after conducting a public hearing on October 15, 2019,
recommended unanimous approval of the amendment.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 11/18/2019
File Number: 9340-19
Page 2 City of Clearwater Printed on 11/18/2019
1 Ordinance No. 9340‐19
ORDINANCE NO. 9340-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA MAKING AMENDMENTS TO BEACH BY
DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER
BEACH AND DESIGN GUIDELINES; BY AMENDING
SECTION VIII. APPENDIX B. “CLEARWATER MARINA
DISTRICT BOARDWALK DESIGN GUIDELINES AND
SPECIFICIATIONS” TO UPDATE THE STANDARDS TO
WHICH THE PUBLIC BOARDWALK MUST COMPLY; BY
AMENDING THE TABLE OF CONTENTS TO UPDATE THE
EFFECTIVE DATE REFERENCED FOR THE GUIDELINES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Clearwater Beach is a major contributor to the economic health of
the City overall and the City desires to support the tourism industry; and
WHEREAS, the Marina District is the northern gateway to Clearwater Beach and
has a high profile location along Clearwater Harbor and visibility from Causeway
Boulevard; and
WHEREAS, it is the desire of the City to attract people to the district and create a
pleasant pedestrian environment; and
WHEREAS, there is a need to define the guidelines and specifications for the
construction of the public boardwalk in the Marina District; and
WHEREAS, the design specifications are delineated in a separate document
entitled “Marina District Boardwalk Design Guidelines and Specifications” which was
adopted on September 5, 2013; and
WHEREAS, the proposed amendment will ensure future boardwalk construction
meets city wide standards and the constructed Papaya Street entry node; and
WHEREAS, the proposed amendments to Beach by Design have been
submitted to the Community Development Board acting as the Local Planning Authority
(LPA) for the City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a
duly noticed public hearing and found that amendments to Beach by Design are
consistent with the Clearwater Comprehensive Plan and the Clearwater Community
Development Code; and
WHEREAS, Beach By Design was originally adopted on February 15, 2001, and
subsequently amended, now therefore,
2 Ordinance No. 9340‐19
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design Table of Contents is hereby amended as follows:
* * * * *
VIII. Appendix. ..........................................................................................................78
A. Clearwater Beach Future Land Use (12/13/06)
B. Marina District Boardwalk Design Guidelines and Specifications
(9/05/1312/05/19)
C. Approved Ordinances Amending Beach By Design
Section 2. “Marina District Boardwalk Design Guidelines and Specifications”
attached hereto as Exhibit “A” are hereby adopted.
Section 3. The City Manager or designee shall forward said plan to any
agency required by law or rule to review or approve same.
Section 4. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid; and
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
Exhibit A Ordinance No. 9340‐19
Clearwater Marina District Boardwalk Design Guidelines and Specifications
General Information:
The Clearwater Marina District Boardwalk
Design Guidelines and Specifications,
adopted by Ordinance No. 8438‐13, should
be considered a supplemental document to
the City of Clearwater’s special area plan
Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines. It
shall guide construction of the public
boardwalk along Clearwater Harbor from
Baymont Street south to the southern
boundary of the District terminating at a
public plaza adjacent to the public parking
lot north of Memorial Causeway.
This document provides specific
requirements the design and construction
of the public boardwalk on private
property, as well as the public entrances to
be constructed by the City of Clearwater at
Papaya and Baymont Streets and the public
plaza to be constructed by the City of
Clearwater adjacent to the public parking
lot north of Memorial Causeway.
Where feasible the boardwalk should shall
be constructed completely over the water
rather than on uplands. Exceptions may be
granted on properties adjacent to the
public entrances at Papaya and Baymont
Streets or when a hardship prevents
construction over the water.
Public entrances and sidewalks should shall
incorporate all required streetscaping
standards identified within the Beach by
Design document. The sidewalk along East
Shore Drive and the sidewalk from the
public plaza to the east/west sidewalk at
Memorial Causeway should shall be
provided as indicated herein.
The boardwalk and sidewalk shall be
compliant with all governing codes and
regulations including compliance with the
Florida American with Disabilities Act
Accessibility Guidelines.
Property owners required to construct the new public boardwalk as a result of the
development approval process are responsible for constructing a continuous portion
of public boardwalk along the length of their property as indicated herein. Property
owners adjacent to public entrances to the public boardwalk must also address,
integrate and transition to the public entrances. Public boardwalk and transitions
requiring environmental engineering for permitting will be the responsibility of the
property owner. Environmental engineering required for the public plazas will be the
City’s responsibility.
Private property transitions including any and all stairs, ramps, railings, or continuation
of decking from or transitioning to the public boardwalk or public entrances shall be
accessible. All work shall be consistent with these guidelines and must be consistent in
fit and finish, complementary to the new public boardwalk and its entrances. All phases
of design documents shall be submitted to the City of Clearwater for review, comment
and approval by the City’s Parks & and Recreation Department.
The City of Clearwater ‐ Parks and Recreation Department shall be responsible for
maintaining the constructed public boardwalk up to the private property owners’
adjacent property upon acceptance the boardwalk is constructed to the satisfaction of
the Parks & and Recreation Department and after the one year warranty construction
period is completed and walk though acceptance by the City of Clearwater – Parks and
Recreation Department.
Figure 1 ‐ Scope of Boardwalk & Sidewalk Guidelines
LEGEND
PUBLIC ENTRANCE
TO BOARDWALK
PUBLIC PLAZA
BOARDWALK
SIDEWALK
NORTH LIMIT
Exhibit A Ordinance No. 9340‐19
Remove existing Figures 2‐4 and replace with the following Figures 2‐4:
PROPERTY
LINE
SETBACK
PALM SPACED 30’
MAXIMUM ON
CENTER. 10’ CLEAR
TRUNK REQ.
22’ DUKE
ENERGY SANIBEL
LIGHT FIXTURE
EAST SHORE DRIVE
5’ LANDSCAPE
5’ SIDEWALK
5’ RIGHT OF WAY, CLEAR
FROM BACK OF CURB
PROPERTY
LINE
LOCATION
VARIES
BOARDWALK 15’
WIDE MIN.
LOCATED
ENTIRELY OVER
WATER EITHER
UP TO SEAWALL
CAP OR AWAY
FROM SEAWALL
CAP SEE
FIGURES 6 & 7
FOR
ADDITIONAL
DETAILS
18’ SETBACK FROM
FACE OF SEAWALL
Figure 3 ‐ Boardwalk Section Diagram
Figure 2 ‐ East Shore Drive Sidewalk Section Diagram
PROPERTY
LINE
LOCATION
VARIES
CONTINUE
RAILING AT
BOARDWALK
ENDS.
TO BE REMOVED
BY FUTURE
BOARDWALK
DEVELOPERS IN
ORDER TO
CONTINUE
BOARDWALK
18’ SETBACK FROM
FACE OF SEAWALL
Figure 4 ‐ Boardwalk Section Diagram with ends
Exhibit A Ordinance No. 9340‐19
Sidewalk Requirements: (East Shore Drive)
As shown in Figure 1 & 2 and as stated within the Beach by Design guidelines,
a 10 15 foot wide (clear and starting from the street curb) clear setback,
starting from the street curb, with a minimum 6 foot wide pedestrian sidewalk
shall be provided along East Shore Drive shall be provided. An easement shall
be required as necessary to provide this distance. The 15‐foot wide setback
from street curb to property line shall contain the following sidewalk
improvements shall be provided, including, street lighting, trash receptacles,
benches, landscaping, & and hardscaping material. All improvements shall not
interrupt pedestrian movement along the sidewalk.
Sidewalk finish material: coquina shell topping surface
Provide gray concrete sidewalk with broadcast coquina shell topping.
Lighting: Duke Energy’s 22’ Sanibel LED Light Fixture turtle friendly and spaced
a maximum of 60 feet on center.
Duke Energy’s High Pressure Sodium 100 watt, 9500 lumens Sanibel Light
Fixture, mounted 22 feet high and spaced maximum 60 feet on center.
Trash receptacles: Bright Ideas Shop, FP6095‐P—Jumbo Waste Series Shall be
provided by the City of Clearwater Parks and Recreation Department.
Provide Trash receptacles along the sidewalk will be spaced 75’ on center and
within the 5 10‐foot sidewalk wide easement.
Landscaping:
Provide palms trees spaced at a maximum of 30’ on center with 60 feet on
center max. with two smaller trees equally placed midway between each pair
of palms. Provide 10’ 12’ of “clear trunk” measured from base minimum.at
finish grade. Acceptable palms trees include Butia Capaitata (Pindo Palm) or
Butiagrus nabonnandii (Mule Palm) Bismarckia Nobolis (Bismarck Palm) and
Phoenix Sylvestris (Silver Date Palm).
Boat Dock Transitions: (to & from public boardwalk)
Any and all private or public boat docks, transitioning to
or from the public boardwalk shall be compliant comply
with all governing codes and regulations including
compliance with the Florida American with Disabilities
Act Accessibility Guidelines, the Pinellas County Water &
Navigation Code, including Section 166‐325 Boardwalk
and Observation Platforms on Commercial & Multi‐Use
properties & Section 166‐332 Minimum Construction
Specification for all dock construction.
Exhibit A Ordinance No. 9340‐19
Public Entrance Requirements: (At Papaya & Baymont Streets, drop off areas shall be provided)
There will be three public pedestrian oriented park plaza accesses to the boardwalk. Two located east of East Shore Drive at Papaya
Street and Baymont Streets. These street ends shall be with their ends converted from streets to public entry pedestrian plazas to
the boardwalk with vehicular drop off areas. At the southern end of the boardwalk a public pedestrian access plaza shall be created
east of the public parking lot and this plaza will connect connected to the sidewalk running east / west along the Memorial
Causeway Boulevard. Other improvements shall include sidewalk pathways leading to the boardwalk entrances, lighting, seating
areas, trash receptacles, bicycle racks, water fountains, collapsible bollards, and landscaping & hardscaping. All improvements shall
not interrupt pedestrian pathways.
Sidewalk finish material: coquina shell topping surface
Provide gray concrete sidewalk with broadcast coquina shell topping
Lighting: Duke Energy’s 22’ Sanibel LED Light Fixture turtle friendly.
Provide lighting suitable for pedestrian pathways and seating areas.
Benches:
Provide benches at seating areas.
Provided by the City of Clearwater Parks and Recreation Department.
Trash receptacles: Bright Ideas Shop, FP6095‐P—Jumbo Waste Series
Provide trash receptacles spaced equally and within 75’ of each other
Provided by the City of Clearwater Parks and Recreation Department.
Bicycle Racks: Bikeparking.com WCR02‐SF Welle Circular surface mount. Color: Match existing bicycle racks.
Provide bicycle racks secured in accordance with manufacturer’s specifications. All bicycle rack materials including fasteners shall be
stainless steel 316 grade. Bike racks are not to be provided along East Shore Drive.
Water fountains: Manufacturer, Most Dependable Fountains, Mostdependablefountains.com, 10135 10145 SMSS Chrome
Provide water fountains in accordance with manufacturer’s requirements. Fountain materials, including fasteners shall be stainless
steel 316 grade. Provide 3’ diameter dry well 2’ deep adjacent to fixture for water fountain drainage.
Bollards:
Provide powder coated, stainless steel 316 grade collapsible bollards at vehicular drop off areas to limit vehicular access to
pedestrian areas. Provide powder coating color sample to City of Clearwater for approval.
Landscaping Requirements:
Provide plant material at each public entry to the public boardwalk as well as part of the sidewalk requirement. All plant material
shall meet Florida Grade #1 or better. Planting shall be performed in accordance with the Florida Nurserymen’s and Grower’s
Landscape Association approved practices. Select and plant the species types of the acceptable landscape materials listed below as
follows: (1) of the palm species. Minimum of (2) of the small canopy tree species (between the palms). Minimum (3) types of the
shrub species. Minimum (2) types of the ground cover species.
Acceptable landscape material:
a. Tree / Palms
i. 10’ Butia Capitata (Pindo Palm)
12’ Clear Trunk Bismarckia Nobolis Bismarck Palm 12‐foot clear trunk
Exhibit A Ordinance No. 9340‐19
ii. 10’ Butiagrus nabonnandii (Mule Palm)
12’ Phoenix Sylvestris Silver Date Palm 12‐foot clear trunk
Iii. 10’ Ligustrum japonicum
b. Small Canopy Tree Species Types
i. Acca Sellowiana Feijoa Tree—Pineallple Guava 8’‐10’ height 2‐inch trunk caliper
ii. Cassia Fistula Golden Shower Cassia 8’‐10’ height 2‐inch trunk caliper
iii. Cordia Sebestena Orange Geiger Tree 8’‐10’ height 2‐inch trunk caliper
iv.Jatropha Cucus Jatropha Cucus Tree 8’‐10’ height 2‐inch trunk caliper
v.Vitex Agnus‐Castus Vitex Tree 8’‐10’ height 2‐inch trunk caliper
b c. Shrub Species types
i. Muhlenbergia lindheimeril 3 gallon containers 18”‐24” height planted 3’ on center
Allamanda Catartica ‘Compacta’ Drarf Allamandra 18”x24” 3‐gal. cont.
ii. Podacarpus macrophylla 3 gallon containers 18”‐24” height planted 3’ on center
Conocarpus Erectus var. Sericeus Silver Buttonwood 18”x24” 3‐gal. cont.
iii. llex species 3 gallon containers 18”‐24” height planted 3’ on center
Fiesta Hibiscus Dwarf Fiesta 18”x24” 3‐gal. cont.
iiii. Grass species 3 gallon containers 18”‐24” height planted 3’ on center
iv. Ixora ‘Maui Red’ Dwarf Dwarf Red Ixora ‘Maui’ 18”x24” 3‐gal. cont.
v. Ixora ‘Maui Yellow” Dwarf Dwarf Yellow Ixora ‘Maui’ 18”x24” 3‐gal. cont.
vi. Pingles Podocarpus Dwarf Dwarf Pingles Podocarpus 18”x24” 3‐gal. cont.
vii. Nerium Oleander ‘Petite Pink’ Dwarf Pink Oleander 18”x24” 3‐gal. cont.
viii. Rhaphiolepis Indica ‘Dwarf’ Dwarf Indian Hawthorn 18”x24” 3‐gal. cont.
ix. Schefflera Arboricoal ‘Trinette’ Variegate Arboricola 18”x24” 3‐gal. cont.
x. Strelitzia Reginae Orange Bird of Paradise 18”x24” 3‐gal. cont.
Exhibit A Ordinance No. 9340‐19
Landscaping: (Continued)
c d. Ground cover species
i. Trachelosperum asiaticum variegated – Variegated Asian Jasmine 1 gallon containers 10"‐12” spread
planted 1' on center
Arachis Glabrata ‘Echo Turf’ Echo Turf Perennial Peanuts 6” ‐ 8” 1‐gal. cont.
ii. Trachelosperum asiaticum green – Green Asian Jasmine 1 gallon containers 10"‐12” spread planted 1' on
center
Linope Muscari ‘Emerald Goddess’ Emerald Goddess Lily Turf 6” ‐ 8” 1‐gal. cont.
iii. Arachis glabrata ‐ Perennial Peanut 1 gallon containers 10"‐12” spread planted 1' on center
Trachelosperium Asiacticum
Minima Jasmine ‘Green’ Dwarf Minima Jasmine Green 6” ‐ 8” 1‐gal. cont.
iv. Trachelospermum Asiaticum
Minima Jasmine ‘Variegated’ Dwarf Minima Jasmine Variegated 6” ‐ 8” 1‐gal. cont.
v. Sesuvium Portulacastrum Sea Purslan 6” ‐ 8” 1‐gal. cont.
Boardwalk Material Requirements:
This section contains the requirements related to boardwalk materials, including pile bents (wood pilings & piles caps), wood piles,
pile caps, wood stringers, composite decking, railings, lighting, and fasteners. Boardwalk must accommodate a 2000 lb vehicular live
load. Furthermore requirements herein are meant to be consistent with Pinellas County Water & Navigation Code, including Section
166‐325 Boardwalk and Observation Platforms on Commercial & Multi‐Use properties & Section 166‐332 Minimum Construction
Specification for all dock construction. Where discrepancies occur the more restrictive requirements shall govern (see Figures 3, 4, 5,
6, and 7 for construction details).
Boardwalk Timber Piles:
Provide Southern Yellow Pine piles in accordance with ASTM D 25. Piles shall be round timber that are unused, clean peeled, and in
one piece from butt to tip. Piles shall not be less than 10 inches in diameter and be pressure treated according to AWPA C3 and
AWPA C18 standards for marine service conditions. Structural member sizes shall be determined by the applicant and/or applicant’s
representative,. pPiles shall not be less than 8 inches in diameter and piles shall be penetrated penetrate not less than 8’ below mud
line. Piles should be terminated and terminate below finished decking material not to exceed 10 feet above mean high water levels.
Pile Wrapping:
All piles, 2.50 CCA, shall be wrapped with .060 mil/LF High Density Polyethylene pile wrapping material. Pile wrapping shall extend
continuously from mud line to 2’ above mean high water line.
Pile Bents: (Pile and Pile cap)
Pile bents spacing should shall be determined by the applicant and/or applicant’s representative, not exceed 12’ on‐center. All pile
bents shall have at a minimum 2” x 8” 8” x 8” pile caps, bearing stringers to support deck joists. All intersections shall be bolted.
Pile Caps:
Pile caps shall be at a minimum 2” x 8” 8” x 8” pressure treated lumber. All intersections shall be bolted.
Stringers:
Outside stringer systems shall be doubled 2” x 8” 4” x 12” pressure treated lumber or greater. Provide 5/8” diameter stainless steel
bolts or greater to attach stringers to pilings. Intermediate stringers shall be single 2” x 8” 4” x 12” pressure treated lumber or
greater spaced not less than 16” O.C. to accommodate light vehicular traffic. Not to exceed a live load of 2000 lbs. All structural
member sizing, spacing and fastening requirements must be determined by the applicant and/or applicant’s representative.
Exhibit A Ordinance No. 9340‐19
Boardwalk Material Requirements: (Continued)
All Timber/Lumber:
Shall be pressure treated and rated for ground contact. All wood members, including pressure treated wood members and all
concealed wood members cladded with Trex Transcend composite decking material, shall be finished at all surfaces with Sikkens
Cetol Waterborne SRD Translucent Wood Finish in accordance with manufacturer’s requirements. Pressure treated lumber must be
fully cured (6 weeks) prior to receiving Sikkens treatment.
Fasteners:
All metal fasteners, including but not limited to, bolts, screws, and nails, etc. shall be stainless steel 316 grade. Only 316 grade
stainless steel will be accepted. All bolts shall extend no further than 3 or 4 threads beyond nut fastener.
Decking: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Lava Rock. Gravel Path; Deck Color 2: Rope Swing
Install in accordance with manufacturer’s requirements. Decking should be cut to length and shall not extend to outside stringer
not to exceed more than 2” beyond. See sections and drawing diagrams contained within this document.
Railing: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Lava Rock. Gravel Path; Deck Color 2: Rope Swing
Provide railings configured in accordance with sections, elevations, and details contained within this document. Only provide railings
where required by applicable codes. Top rails shall not be less than 42” above finished walkway surface. Provide 6” x 6” copper post
caps (HS6C).
Benches: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path
Provide benches at public boardwalk configured in accordance with sections and details contained within this document. Provide
benches spaced every 40’‐0” along the length of boardwalk walkway. Provided by the City of Clearwater Parks and Recreation
Department. Benches will be spaced every 40’ along the length of the boardwalk.
Lighting: Post mounted Stonelight, LED accent light fixtures manufactured by AZEK. Color: Requires approval by City of Clearwater
Parks & Recreation Department. At Boardwalk walkways provide LED light fixtures integrally mounted to railing posts and as
indicated at railing elevation and section drawings. Provide LED light fixtures spaced every 12’ on center along both sides of
boardwalk. every 15’‐0” on‐center along both sides of boardwalk. See Figure 7. Provide infrastructure as required.
Trash Receptacles: Bright Ideas Shop, FP6095‐P ‐ Jumbo Waste Series. Color: Match existing receptacles.
At Boardwalk walkways provide trash receptacles spaced every 120' on center along boardwalk adjacent to benches and as
dimensioned. Provide trash receptacles where indicated, see diagram contained within. All trash receptacles to receive a 316
stainless steel plate provided by the City of Clearwater ‐ Parks & Recreation Department and shall be screwed onto the top cap of
trash receptacles to prevent cigarette burns. Provided by the City of Clearwater Parks and Recreation Department.
Exhibit A Ordinance No. 9340‐19
Remove Existing Graphics:
Remove existing graphic and replace with the following graphic
Mostdependablefountains.com, 10145 SMSS
Chrome, at entry nodes
Bikeparking.com, WCRO2‐SF bicycle racks, for
use at entry nodes Bike Racks provided by the
City of Clearwater Parks and Recreation
Department at every entry node only
Mostdependablefountains.com, 10135
SMSS Chrome, for use at entry nodes
Butia Capita Pindo Palm Ligustrum japonicum Butiagrus nabonnandii Mule Palm
Exhibit A Ordinance No. 9340‐19
Remove existing graphic and replace with the following graphic:
Bright Ideas Shop, Trash Receptacle FP6095‐P, for use at
sidewalks, entry nodes, & at boardwalk
Trash Receptacle provided by the City of Clearwater Parks
and Recreation Department
Remove existing graphic and replace with the following graphic:
Stonelight LED light fixture AZEK Accent LED post‐mounted light fixture
provided by the developer.
Add new graphic:
Bench provided by the City of Clearwater Parks and
Recreation Department
Exhibit A Ordinance No. 9340‐19
Figure 6 Typical Boardwalk Section at 1/2” = 1’‐0” Scale
Detail indicates when boardwalk engages seawall providing continuous walkway
Remove existing Figure 6 and replace with the following Figure 6:
Exhibit A Ordinance No. 9340‐19
Exhibit A Ordinance No. 9340‐19
Remove existing Figure 7 and replace with the following figure, renumbered and relocated to
Figure 5:
Figure 7 Typical Boardwalk Section at 1/2” = 1’‐0” Scale
Detail indicates when boardwalk is separated from seawall requiring railing at each side
Exhibit A Ordinance No. 9340‐19
Exhibit A Ordinance No. 9340‐19
Remove existing Figure 8 and replace with the follo
Remove existing Figure 8 and replace with the following figure, renumbered to Figure 7:
Figure 8 Typical Boardwalk Railing
Elevation at 1/2” = 1’‐0” Scale
Bench Section Detail Bench Section Detail
Exhibit A Ordinance No. 9340‐19
Exhibit A Ordinance No. 9340‐19
Remove Figure 9:
Community Development Board – September 17, 2019
TA2019-06002 – Page 1
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: October 15, 2019
AGENDA ITEM: F.1
ORDINANCE NO.: 9340-19
REQUEST: To amend Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines to update the public
boardwalk standards in “Marina District Boardwalk Design
Guidelines and Specifications”
INITIATED BY: City of Clearwater, Parks & Recreation Department
BACKGROUND:
In 2001, the City adopted Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines. This special area plan sets forth a series of revitalization strategies for
Clearwater Beach and established character districts to regulate land use, location of uses, and,
generally, the scale of development. In 2013, the City adopted language into Beach by Design that
references the “Marina District Design Guidelines and Specifications” and adopted by reference
detailed design guidelines and specifications prepared by the City’s Parks and Recreation
Department for the construction of the public boardwalk identified within Beach by Design. The
proposed amendment updates the “Marina District Design Guidelines and Specifications” to
account for the construction of the Papaya Street Plaza entry node and updated citywide standards
for benches, trash cans and trees and landscaping.
The Marina District covers the area to the east of Poinsettia Avenue, north of Causeway Boulevard,
and south of the Clearwater Beach Recreation Complex. It is a mixed-use district occupied by
residential, motel, and limited commercial uses in at-grade structures primarily one-two stories in
height. Beach by Design supports the redevelopment of the Marina District into a pedestrian and
boater-friendly destination that includes a variety of dock facilities and water related uses. To
realize this vision, Beach by Design offers development incentives of increased building height for
waterfront development proposals that provide to the City a 15-foot wide boardwalk within a 20-
foot public access easement adjacent to the seawall, either over water or on the land as determined
by the City. Non-waterfront development proposals are able to capitalize upon the height bonus
Community Development Board – September 17, 2019
TA2019-06002 – Page 2
by contributing financially to the Papaya and Baymont Street streetscapes or the public boardwalk
in a manner determined by the City. The public boardwalk is intended to run along Clearwater
Harbor from Baymont Street to the north, to Causeway Boulevard (State Road 60), the southern
boundary of the District, and should be connected when appropriate to the City Marina’s
boardwalk located under Causeway Boulevard. The City constructed the Papaya Street entrance
node in 2016. Map 1 below shows the general location of the Marina District.
Map 1
ANALYSIS:
Proposed Ordinance No. 9340-19 amends Section VIII. Appendix B. “Clearwater Marina District
Boardwalk Design Guidelines and Specifications,” of Beach by Design, in order to update the
design guidelines and figures within the document.
Modifications to design and materials were necessary during the construction of the Papaya Street
entrance node. The proposed changes include updated requirements for finish materials, lighting,
Community Development Board – September 17, 2019
TA2019-06002 – Page 3
trash receptacles, benches, landscaping, and the boardwalk construction and materials (e.g., timber
piles, decking, and railing). Section diagrams of the boardwalk and East Shore Drive sidewalk
have been revised to reflect the updated design requirements. The updated guidelines will ensure
any privately constructed portion of the boardwalk is consistent with existing conditions.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. A determination should be made whether the proposed amendment
is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and
furthers the purposes of the development code and other city ordinances and actions designed to
implement the plan.
The proposed amendment is consistent with and furthers the goals, policies and objectives
of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives, and
Policies which will be furthered by the proposed Code amendments:
Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure
comprised of a hierarchy of places and linkages. The citywide design structure
will serve as a guide to development and land use decisions while protecting
those elements that make the city uniquely Clearwater.
Objective A.5.5 Promote high quality design standards that support Clearwater’s image and
contribute to its identity.
Policy A.5.5.4 Update Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, the Clearwater Downtown Redevelopment Plan, as needed.
Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas
shall be a high priority and promoted through the implementation of
redevelopment and special area plans, the construction of catalytic private
projects, city investment, and continued emphasis on property maintenance
standards.
Policy A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot
consolidation and/or catalytic projects, as well as the use of transfer of
developments rights pursuant to approved special area plans and redevelopment
plans.
Community Development Board – September 17, 2019
TA2019-06002 – Page 4
Policy A.6.1.2 Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment
of a limited density pool of additional hotel rooms to be used in specified
geographic areas of Clearwater Beach, enhancement of public rights-of-way,
the vacation of public rights-of-way when appropriate, transportation
improvements, inter-beach and intra-beach transit, transfer of development
rights and the use of design guidelines, pursuant to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such the
City shall continue to support the maintenance and enhancement of this
important economic sector.
The proposed amendment modifies the design guidelines and specifications which apply to the
public boardwalk in the Marina District, consistent with current standards and with the newly
constructed Papaya Street entry node. The Marina District is the northern gateway to Clearwater
Beach and has a high profile location along Clearwater Harbor and visibility from Causeway
Boulevard. The construction of a public boardwalk along Clearwater Harbor will create a pleasant
pedestrian environment and will encourage a flow of pedestrians that will contribute to the
economic development and tourism activities along the east shore of Clearwater Beach. As such,
the proposed amendment will further the above referenced elements of the Comprehensive Plan.
The proposed amendment furthers the purposes of the Community Development Code and
other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent
with the following purposes set forth in CDC Section 1-103:
Allowing property owners to enhance the value of their property through innovative and
creative redevelopment (Section 1-103.B.1., CDC).
Ensuring that development and redevelopment will not have a negative impact on the value of
surrounding properties and wherever practicable promoting development and redevelopment
which will enhance the value of surrounding properties (Section 1-103.B.2., CDC).
Protect the character and the social and economic stability of all parts of the city through the
establishment of reasonable standards which encourage the orderly and beneficial development
of land within the city (Section 1-103.E.2., CDC).
Preserve the natural resources and aesthetic character of the community for both the resident
and tourist population consistent with the city’s economic underpinnings (Section 1-103.E.5.,
CDC).
Community Development Board – September 17, 2019
TA2019-06002 – Page 5
Provide for open spaces through efficient project design and layout that addresses appropriate
relationships between buildings on the project site and adjoining properties, including public
rights-of-way and other public spaces (Section 1-103.E.6., CDC).
The amendment proposed by this ordinance will further the above referenced purposes by updating
the existing design guidelines and specifications for the public boardwalk in the Marina District in
Clearwater Beach, the construction of which will serve to protect the character and the social and
economic stability of Clearwater Beach. Due to the high visibility of the Marina District from
Causeway Boulevard, and its location within Clearwater Beach, a public boardwalk with a network
of docks will add to the aesthetic character of the community for both resident and tourist
populations. It will also provide a unique public space that encourages the flow of pedestrians
throughout the east shore, thereby enhancing the area’s sense of place and the economic vitality of
the District.
SUMMARY AND RECOMMENDATION:
The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and
Design is consistent with and will further the goals of the Clearwater Comprehensive Plan and the
purposes of the Community Development Code. Further, the proposed ordinance updates the
“Marina District Design Guidelines and Specifications” which includes design criteria to be
followed for construction of a new boardwalk in the Marina District and sidewalk improvements
along East Shore Drive. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 9340-19 that amends Beach by Design.
Prepared by Planning and Development Department Staff: ______________________________
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9340-19
Resume
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9348-19
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Planning & Development
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve amendments to the Code of Ordinances amending Chapter 25 - Public Transportation
Carriers, Article I - Public Conveyances to define micromobility device, motorized scooter, and
shared mobility device provider and make other amendments to related definitions, to establish
standards for micromobility devices, to require a license for shared mobility devices offered for
rent within the city, and to add penalties; and pass Ordinance 9348-19 on first reading.
SUMMARY:
On June 18, 2019, the Governor of Florida signed House Bill 453, “Micromobility Devices,”
which granted riders of micromobility devices, including motorized scooters, the same rights
and duties as those which apply to bicycle riders, thereby allowing riders to operate these
devices on sidewalks and in roads. The City Council relied on the home rule rights preserved in
the bill to declare a 6-month moratorium to allow staff the opportunity to develop a regulatory
framework for the reservation and rental of these devices by vendors. The moratorium expires
on December 17, 2019.
On September 3, 2019, staff presented to City Council a framework for a temporary pilot
program and requested guidance on certain key issues for the program. Council provided
direction regarding suggested boundaries for a pilot program (portion of Downtown, prohibited
on Clearwater Beach), where to ride (on streets, not sidewalks), where to park (in corrals), and
hours of operation (limited, not 24 hours/day) and directed staff to develop the framework for
regulating micromobility devices and motorized scooters through a pilot program in the
Downtown area.
Proposed Ordinance 9348-19 amends Chapter 25 - Public Transportation Carriers, Article I -
Public Conveyances to address micromobility devices and motorized scooters, establishing
license requirements to rent shared mobility devices, which is inclusive of micromobility
devices and motorized scooters, and to add penalties for failure to comply with this Article.
Placing the regulations for micromobility devices in Section 25.02, which provides the
regulations for low-speed for hire vehicles and other similar devices, will ensure conformity and
consistency in the regulation of these forms of alternative motorized travel and public
transparency.
Specifically, proposed Ordinance 9348-19 addresses the following:
·Section 25.01 - Definitions: Adds new definitions for micromobility device, motorized
scooter, shared mobility device provider, and sidewalk, and amends definition for
recreational vehicle to include micromobility device and motorized scooter within.
Differences from state regulations as directed by City Council will be addressed in the
Page 1 City of Clearwater Printed on 11/18/2019
File Number: 9348-19
pilot program Request for Proposals (RFP) (i.e., limiting maximum speed to 15 mph,
not 20 mph).
·Section 25.02 - Standards for pedicabs, low-speed for hire vehicles, surrey bicycles,
and micromobility devices; equipment and restrictions: Adds a new subsection (4)
providing standards for micromobility devices, including setting a minimum user age of
16, prohibiting more than one person to ride on a device designed for a single rider,
prohibiting riding on sidewalks, and prohibiting the blocking of access to building entries
and parking areas.
·Section 25.19 - Shared Mobility Device License Required: Establishes a Shared
Mobility Device License requirement for vendors who want to display or rent
micromobility devices or motorized scooters. This standard is to ensure that any
business renting such devices must first obtain a license from the city for this activity,
which initially would be made available through a pilot program. It also prohibits granting
of this type of license to an operator wanting to rent such devices on Clearwater Beach,
Sand Key, Island Estates or any other area restricted under Section 25.18 of the code.
·Section 25.20 - Penalties: Adds a section providing for penalties for violation of this
Article of the code.
In addition to the proposed ordinance, staff has prepared a detailed list of pilot program
regulations and components which expands on the initial issues discussed with City Council in
September. This list is council consideration prior to staff proceeding with the development and
issuance of a RFP.
Page 2 City of Clearwater Printed on 11/18/2019
Ordinance No. 9348-19
ORDINANCE NO. 9348-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE REGULATION OF MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS; AMENDING CODE OF ORDINANCESCHAPTER 25 – PUBLIC TRANSPORTATION CARRIERS,
ARTICLE I. –PUBLIC CONVEYANCES; ADDING DEFINITIONS OF MICROMOBILITY DEVICE, SHARED MOBILITY DEVICE PROVIDER, MOTORIZED SCOOTER, AND SIDEWALK TO SECTION 25.01, AND AMENDING DEFINITION OF RECREATIONAL VEHICLE TO ADD MICROMOBILITY DEVICE AND MOTORIZED SCOOTER; AMENDING SECTION 25.02 TO ADD REGULATIONS FOR OPERATION OF MICROMOBILITY DEVICES; AMENDING SEC. 25.19 TO ADD SHARED MOBILITY DEVICE PROVIDER LICENSE REQUIREMENT AND ALLOW FOR PILOT PROGRAM; AMENDING SECTION 25.20 TO ADD PENALTIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Chapter 2019-109 codifying House Bill 453, “Micromobility Devices,” which amended Chapter 316, Florida Statutes to regulate the use and provision of for-hire motorized scooters; and
WHEREAS, Chapter 316 defines a “micromobility device” as “[a]ny motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles as defined in this chapter;” and
WHEREAS, Chapter 316 grants micromobility devices “all of the rights and duties applicable to the rider of a bicycle,” unless local government adopts an ordinance governing their operation; and
WHEREAS, docked and dockless or station-less shared, aka for-hire, motorized scooter programs provide City residents, workers, and visitors with additional transportation options that improve mobility, reduce congestions, and support healthy
communities; and
WHEREAS, the City is aware of other cities within our nation where the safety and/or welfare of the public has been negatively impacted by the unregulated use of micromobility devices; and
WHEREAS, the City believes it is in the public health, safety, and welfare to establish regulations for operators who provide micromobility devices and regulations for the use of these devices, in addition to those provided by the state; and
WHEREAS, it is in the best interest of the City to allow for the creation and implementation of a pilot program for a limited period of time in order to evaluate theresulting use and operation of micromobility devices and develop responsible regulation; and,
WHEREAS, the City Council of the City of Clearwater desires to revise certain provisions of Chapter 25, Public Transportation Carriers, to allow for creation of a pilot program and to prohibit the use and offering for hire of micromobility devices without providers first obtaining a license and operating agreement with the City;
Ordinance No. 9348-19
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA;
Section 1: Sec. 25.01, Clearwater Code of Ordinances is hereby amended to read as follows:
Sec. 25.01. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle means a vehicle propelled solely by human power, and a motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include a scooter or similar device that does not have a seat or saddle for the use of the rider.
Certificate to engage in business means a certificate issued by the director of planning and development to engage in the business of operating one or more public conveyances in the City of Clearwater.
Driver means every individual operating a pedicab or low-speed for hire vehicle, either as owner, agent, employee or otherwise, pursuant to the pedicab or low-speed for hire vehicle driver's permit issued as herein provided.
Electric personal assistive mobility device means any self-balancing, two non-tandem wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (one horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
Low-speed for hire vehicle means a vehicle as defined in F.S. § 320.01(42), that
is, any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood electric vehicles, that complies with the safety standards in 49 C.F.R. s. 571,500 and F.S. § 316.2122 and that is used for transporting passengers for hire, fee, or compensation of any kind, including compensation derived from tips or advertising, upon or along the streets within the City of Clearwater.
Micromobility device means any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles as defined in this article.
Moped means any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged; or, if an internal combustion engine is used, with a displacement not exceeding 50 cubic centimeters.
Ordinance No. 9348-19
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.
Motorized scooter means any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel
on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.
Pedicab means any vehicle that is propelled solely by human power and that is used for transporting passengers for hire, fee, or compensation of any kind, including compensation derived from tips or advertising, upon or along the streets or sidewalks within the City of Clearwater.
Pedicab or low-speed for hire vehicle driver's permit means a permit issued by the director of planning and development authorizing the holder thereof to drive a pedicab or low-speed for hire vehicle.
Permitting means had knowledge or reason to know that the activity was occurring, failed to intervene in an attempt to prevent the activity from occurring, and hadthe power or authority to prevent the activity from occurring.
Public conveyance means a pedicab, low-speed for hire vehicle, or recreational vehicle.
Public conveyance company means any business entity of whatever nature or composition that is issued a certificate by the director of planning and development to engage in the business of operating one or more public conveyances, and may be a corporation, partnership, joint venture, natural person, or other individual, association or combined persons or entities.
Qualified means one who, by possession of recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to thesubject matter, the work, or the project.
Recreational vehicle means any vehicle that is rented typically for less than one day and that the renter intends to drive for the renter's personal, recreational use, such as a motorcycle containing an internal combustion engine with a displacement of 50 cubic centimeters or less, an electric personal assistive mobility device, a bicycle, a micromobility device, motorized scooter, or a moped, but excluding a motor home, a camper, a motor vehicle leased from an entity that is engaged in the business of renting motor vehicles typically for more than one day, or an "off highway vehicle" as defined in F.S. § 261.03(6).
Shared mobility device provider means any person, entity, or public conveyance company which makes available to the public any number of micromobility devices or motorized scooters for use in the City.
Sidewalk means that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.
Street means all public streets, avenues, alleys, lanes, highways, and other publicly owned places laid out for the use of motor vehicles, including publicly owned parking lots.
Ordinance No. 9348-19
Surrey bicycle means a bicycle containing three or more wheels that is designed to carry two or more persons and that has two or more pedaling positions.
Vehicle means every device, in, upon, or by which any person is or may be transported or drawn upon a street.
Section 2: Sec. 25.02, Clearwater Code of Ordinances is hereby amended to read as
follows:
Sec. 25.02. - Standards for pedicabs, low-speed for hire vehicles, and surrey bicycles, and micromobility devices; equipment and restrictions.
(1) All pedicabs shall be deemed bicycles as that term is used in Florida Statutes. As such, all pedicabs shall comply with any and all regulations of the state applicable to bicycles. See, for example, F.S. § 316.2065. All pedicabs required to be regulated under this article shall be equipped with a battery operated headlightcapable of projecting a beam of white light for a distance of 500 feet and a pair of battery operated taillights each exhibiting a red light visible from a distance of 600 feet to the rear. All pedicabs shall also be equipped with at least one front whitereflector and at least one red rear reflector and at least one amber side reflector one each side of said pedicab. All pedicabs required to be regulated under this article shall be kept clean and sanitary throughout and shall be kept and maintained in sound operating condition. All safety devices and all other equipment shall be kept in such condition as to ensure safe operation. Any fares that are charged to the public shall be conspicuously posted in or on the pedicab. If a gratuity is accepted, "Gratuity appreciated" shall be conspicuously posted in or on the pedicab.
(2) All low-speed for hire vehicles shall comply with any and all regulations of the state applicable to low-speed vehicles. See, for example, F.S. § 316.2122. All low-speed for hire vehicles required to be regulated under this article shall be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. All low-speed for hire vehicles required to be regulated under this article shall be kept clean and sanitary throughout and shall be kept and maintained in sound operating condition. All safety devices and all other equipment shall be kept in such condition as to ensure safe operation. Any fares that are charged to the public shall be conspicuously posted in or on the low-speed vehicle. If a gratuity is accepted, "Gratuity appreciated" shall be conspicuously posted in or on the low-speed vehicle.
(3) All surrey bicycles operated pursuant to this article shall be equipped with a single, low-gear ratio to prevent excessive speeds. Surrey bicycles operated pursuant to this article that have multiple gears capable of changing gear ratios are prohibited. Surrey bicycles operated pursuant to this article shall not be driven by anyone under the age of 16 unless accompanied by a responsible adult and shall not be operated in the "roundabout" on Clearwater Beach. It is unlawful for any person to operate, or cause to be operated, a surrey bicycle that is not equipped with a braking system that is capable of skidding each rear wheel in contact with the ground on dry, level, clean pavement by the operator from his normal position of operation.
(4) All micromobility devices are subject to the rules and regulations governing bicycles in the city code. In addition to the city code, micromobility devices are subject to any and all state laws pertaining to micromobility devices, as applicable, and as may be amended. No person under the age of 16 years old shall operate a micromobility device within the city of Clearwater. It is unlawful for the parent,
Ordinance No. 9348-19
legal guardian or custodian of a minor child to knowingly permit the child to violate any provision of this article. Ridership of more than one person on any micromobility device shall be prohibited, unless the micromobility device is specifically designed to carry more than one person. Micromobility devices may not be ridden on sidewalks. Micromobility devices may be allowed on the Pinellas Trail if specifically allowed by Pinellas County. Micromobility devices shall not be parked in a manner that obstructs any ingress or egress from any building or
parking area.
Section 3: Secs. 25.19—25.214, Clearwater Code of Ordinances is hereby amended to read as follows:
Secs. 25.19—25.214. - Reserved.
Sec. 25.19. – Shared Mobility Device License Required.
No shared mobility device provider shall display, offer, or make available for rent any micromobility device or motorized scooter within the City, unless the provider holds a shared mobility device license from the City through participation in a pilot program, a valid, fully executed operating agreement with the City, or approval from the City through an established process. No license shall be granted to allow shared mobility device provider operations on Clearwater Beach, Sand Key, Island Estates or any other area restricted pursuant to Section 25.18 of this Code.
Sec. 25.20. – Penalties.
Any person or entity who violates or fails to comply with any provision of this Article shall be guilty of a municipal ordinance violation, punishable as provided in Section 1.12 of this Code.
Secs. 25.21 - 25.214. - Reserved.
Section 4: This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________READING AND ADOPTED
___________________________George N. CretekosMayor
Approved as to form: Attest:
______________________________________________________Matthew Smith Rosemarie Call Assistant City Attorney City Clerk
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Micromobility Pilot Program Staff Recommendations
Pilot Program Schedule
• City will issue a Request for Proposals (RFP). The city will then select the vendor(s) to
complete a one-year pilot program
Where People Can and Cannot Ride
• Allowed on streets with a speed limit of 30 mph or less.
• Prohibited on streets with speed limits exceeding 30 mph.
• Prohibited on all sidewalks.
• Where Can I Ride? (alphabetically):
o Booth Avenue
o Brownell Street
o Brown’s Court
o Cleveland Street
o Drew Street – Yes from Clearwater Harbor to Myrtle Avenue
o East Avenue
o Ewing Avenue
o Fort Harrison Avenue
o Franklin Street
o Garden Avenue
o Gould Street
o Grove Street
o Hendricks Street
o Knights Alley
o Laura Street
o Madison Avenue
o MLK, Jr. Avenue
o Northeast Cleveland Street
o Oak Avenue
o Osceola Avenue
o Park Street
o Pierce Street
o Prospect Avenue
o Washington Avenue
o Watterson Avenue
• Where Am I Not Allowed to Ride? (alphabetically):
o Chestnut Street
o Court Street
o Drew Street - No from Myrtle Avenue to Missouri Avenue
o Memorial Causeway & Bridge
o Missouri Avenue
o Myrtle Avenue
2
Program Boundaries (see attached map)
• West – Clearwater Harbor
• North – Drew Street
• East – Missouri Avenue
• South – Chestnut Street
Program Expansion Area Boundaries (see attached map) - Expansion of the program
requires authorization by the City Manager.
North Expansion Area
• West – Clearwater Harbor
• North – Fairmont Street
• East – North Myrtle Avenue
• South – Drew Street
South Expansion Area
• West – Waterfront
• North – Chestnut Street
• East – South Myrtle Avenue
• South - Corbett Road
• Excludes the Harbor Oaks neighborhood
Parking – Designated parking areas may be located with city approval on sidewalks allowing for
a minimum travel path of four (4) feet. Designated parking areas on a street shall not be located
in a traffic control or traffic safety area, and under no conditions will parking locations be allowed
in a travel lane. On-street parking locations may include use of unused space or an on-street
parking space with city approval.
• Users will be required to return devices to a designated parking area.
• Operators will be required to identify proposed parking locations and submit a Right-of-
Way Permit application and fee to the city for written approval of the location and
dimensions of the parking area. Operators will be required to place their micromobility
devices in approved designated spaces for use, and in no other locations.
Device Speed – Maximum travel speed is 15 mph
Hours of Operation - 6:00 a.m. - 12:00 a.m. (midnight)
Minimum Age - 16 years old
Number of Devices - 200 devices is the maximum total number allowed to be offered in the
program; however, the City Manager may adjust the number of devices permitted, including
reducing the total number allowed per operator, at his discretion. If the program expansion
areas are utilized, and additional number of devices will be allowed to serve the expansion
areas as determined by the city in consultation with the selected Operators. These numbers are
based on what is occurring in other communities’ programs in consideration of the relative size
3
of the program area, estimated number of parking corral locations, number of key locations
generating and attracting riders, and the number of vehicles that provide for the convenience
and efficiency fundamental to the program’s success without producing a congestion of devices
in the city rights-of-way. Timely redistribution of devices (rebalancing) is an important goal for
the Operators and the city, and a timeframe for these activities to occur will be part of the pilot
program.
CITY OF CLEARWATER RISK AND SAFETY
Insurance - As with other businesses in the city, Pilot Program Operators will be required to
provide the following:
• Commercial General Liability Insurance - $1,000,000 per occurrence and $2,000,000 in
aggregate
• Automobile Liability Insurance - $500,000 limit per occurrence or $1,000,000 combined
limit per occurrence exceeding $100,000
• Workers Compensation and Employer’s Liability Insurance - $1,000,000 per occurrence
• Excess Liability Insurance - $2,000,000 or more
• Cyber Liability Insurance - $2,000,000 per occurrence and $10,000,000 aggregate
Enforcement - Violations of the program requirements as specified in the contract with
Operators may result in fines, penalties, or cancellation of the agreement forfeiting right of
Operator to participate.
• Violations of traffic regulations (e.g. wrong way riding on roads) by Users may result in
tickets issued by the Police Department.
• Violations of the program requirements (e.g. parking in front of a building entry or a
sidewalk curb ramp) by Users may result in fines or additional charges levied by the
Operator, or fines and penalties assessed by the city on the Operator.
Safety & Education
• Many cities work with Operators to incorporate safety education on how to ride and rules
of the road, and to provide access to safety equipment into their micromobility programs.
• Classes will be offered by Operators demonstrating how to ride scooters.
• Free or discounted helmets will be offered by Operators at demonstration classes along
with helmet fitting lessons. Helmets will also be offered by Operators on their websites.
Discount coupons, codes, and other enticements to purchase helmets will be provided at
classes, events, and online.
• Devices must meet mandatory state safety equipment (e.g. front white headlights and
rear red brake lights).
• Program requires ongoing maintenance and safety inspections of equipment.
OPERATOR REQUIREMENTS
All Operators who provide micromobility devices in the city must first obtain a Shared
Mobility Device License from the City of Clearwater through the Pilot Program.
4
Pilot Program Fees
• Program application fee - $250 per application
• Right of Way Permit Fee - $50 per permit for each parking location
• Pilot Program permit fee - $5,000 per permit, or Operator
• Device fee - $1.00 per device, per day
Number of Operators – 1 or 2 operators
Business Office for Program – A representative who is an employee of the company must
have a licensed business location within the city limits and be open for business during typical
weekday workday hours that will be determined with the selected Operators. The business
representative is required to be able receive messages when not open and respond within 24
hours.
Impoundment – Section 28.08(4) provides for the impoundment of improperly placed devices
in streets, sidewalks and other public spaces.
“MOTORIZED SCOOTERS” - PRIVATELY OWNED AND FOR RENT DEVICES
“Motorized Scooters” that meet the state and city definition may be privately-owned. The state
grants riders of motorized scooters the same rights and responsibilities throughout the city as
granted riders of bicycles. Privately owned motorized scooters will be regulated according to
state statutes.
Businesses may offer motorized scooters for rent in-person, and not through a micromobility
system (i.e. reservation system). These devices would be considered a “shared mobility device”
under this ordinance, which provides that, “No shared mobility device provider shall display,
offer, or make available for rent any micromobility device or motorized scooter within the City,
unless the provider holds a shared mobility device license from the City through participation in
a pilot program, a valid, fully executed operating agreement with the City, or approval from the
City through an established process. No license shall be granted to allow shared mobility device
provider operations on Clearwater Beach, Sand Key, Island Estates or any other area restricted
pursuant to Section 25.18 of this Code.”
ELDRIDGE ST
DREW ST
S MISSOURI AVECLEVELAND ST
CHESTNUT ST
PIERCE ST
NICHOLSON ST
N MYRTLE AVES FORT HARRISON AVEFAIRMONT ST
SEMINOLE ST
JEFFORDS ST
MAGNOLIA DR
CEDAR ST
DRUID RD
COURT ST
S MYRTLE AVEN OSCEOLA AVEN FORT HARRISON AVEN MISSOURIAVEA STCORBETT ST
MICROMOBILITY PILOT PROGRAM
Pilot Program Boundaries
Proposed Boundaries
Potential Expansion Areas
¹
Proposed Program Boundaries*:
West: Clearwater Harbor
South: Chestnut Street
East: Missouri Avenue
North: Drew Street
Riding prohibited on:
Memorial Causeway Bridge
Drew Street between North Osceola
Avenue and Missouri Avenue
Missouri Avenue
Chestnut Street
Court Street
North Expansion Area Boundaries*:
West: Clearwater Harbor
South: Drew Street
East: North Myrtle Avenue
North: Fairmont Street
Riding would be prohibited on:
North Myrtle Avenue
South Expansion Area Boundaries*:
West: Clearwater Harbor
South: Corbett Street / A Street
East: South Myrtle Avenue
North: Chestnut Street
Riding would be prohibited on:
South Myrtle Avenue
Chestnut Street
* Boundaries not being adopted by
Ordinance No. 9348-19.
Not to Scale
Harbor Oaks
12.5.2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7109
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve the second amendment to an existing Development Agreement between Triprop
Clearwater, LLC (as assigned by Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC)
(the property owner) and the City of Clearwater for property located at 401, 411, 421, 425 and
431 South Gulfview Boulevard, which adds Exhibit A-1 to provide an updated legal description
to include parcel 07-29-15-52380-000-0780 to the subject site and replaces Exhibit B with
Exhibit B-1 to provide new conceptual site plans and elevations, updates Exhibits C and D
regarding any references to the legal description and proposed number of overall hotel units,
adds Exhibit E which provides specific language germane to the pedestrian bridge regarding
construction and maintenance and sets a new date by which time site plan approval must be
obtained, authorize the appropriate officials to execute same and adopt Resolution 19-23.
(HDA2014-06004A)
SUMMARY:
Development Proposal:
No changes have been made to the Development Proposal presented at the November 7, 2019
Council meeting although two changes have been made regarding the Development
Agreement:
1.A minimum number of parking spaces to be made available to the public above and
beyond those otherwise required by the CDC is included with Section 4.2; and
2.Section 6.1.3.5 is added which specifies that access to the public right-of-way from the
pedestrian bridge is prohibited.
These changes are also reflected in the general listing of the changes to the Development
Agreement, below.
In addition, two changes have been made to the recitals of the Second Amendment to reflect
the fact that the applicant has, in the last few weeks, closed on parcel
07-29-15-52380-000-0780. Therefore, the eighth recital has been amended to show this
change of ownership and the ninth recital is removed.
The owners continue to propose to demolish all structures on the site and redevelop the site
with a 248-unit hotel (increased from a 227-unit hotel) utilizing the existing 127 hotel units and
incorporating an additional 100 units allocated from the Hotel Density Reserve through Beach
by Design as currently approved through HDA2014-06004 and amended by HDA2015-06001.
The original site, consisting of 1.99 acres, is, through this current proposal, increased by 0.426
acres providing for a total of 2.416 acres. The additional acreage brings a total of 21.3
permitted hotel units to the proposal which, when added to the previously-proposed 227 units
(114 units per acre) results in a total of 248 units (102.649 units per acre) which includes 100
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7109
hotel units as originally-allocated through the approval of HDA2014-06004. It should be noted
that the overall density of the site decreases from 114 units per acre to approximately 103 units
per acre. The current request includes a new conceptual site plan and accompanying building
elevations (Exhibit B-1) and appropriate changes to the Development Agreement. The
changes to the Development Agreement are listed below however; the conceptual site plan and
building elevations have been updated to reflect the addition of the 0.426-acre parcel at the
southwest quadrant of the site.
The proposal also modifies the previously approved site plan with a pedestrian overpass over
South Gulfview Boulevard. The proposed pedestrian bridge will be located at the southwest
quadrant of the site and will be located entirely within the South Gulfview Boulevard
right-of-way. The bridge will stretch from the second floor along the west façade of the building
across South Gulfview Boulevard to the second floor of 430 South Gulfview Boulevard (The
Opal Sands Resort). The proposal bridge will extend seaward of the Coastal Construction
Control Line (CCCL). The bridge will be A minimum of 17 feet above South Gulfview Boulevard
and approximately 12 feet in width. It is important to note that this component requires the
granting of an easement for air rights by the City over the South Gulfview Boulevard
right-of-way. In addition, an application for the amendment of FLD2013-04015 which granted
site plan approval for the existing hotel located at 430 South Gulfview Boulevard will be
required.
In summary, the changes to the conceptual site plan and elevations are:
§The addition of 0.426 acres (parcel 07-29-15-52380-000-0780) at the southwest quadrant of
the site.
§A reorientation of the parking garage.
§A reallocation of most of the proposed parking spaces from under the hotel tower to the
parking garage.
§The addition of a pedestrian bridge connecting the subject site with 430 South Gulfview
Boulevard to the west across South Gulfview Boulevard.
The changes to the Development Agreement include:
§Section 4.1: Increases the total number of hotel units from 227 to 248.
§Section 4.2: Increases the number of parking spaces required from 272 to 298 and
specifies that a minimum of 230 spaces in addition to the otherwise minimum number of
required parking spaces.
§Section 4.4: Decreases the proposed density of units from 114 units per acre to 103 units
per acre.
§Section 4.5: Adds the provision of a pedestrian overpass bridge connecting to the Opal
Sands resort to the west across South Gulfview Boulevard.
§Section 6.1.3.4: Requires an amendment to FLD2013-04015 which approved the hotel
located at 430 South Gulfview Boulevard.
§Section 6.1.3.5: Adds a prohibition on providing direct access from the pedestrian bridge to
the public right-of-way.
Exhibit A-1
§Exhibit A-1 is added to provide the legal description for the additional property at the
southwest quadrant of the site.
Exhibit B-1
§Exhibit B-1 replaces Exhibit B and provides updated site plans, elevations and floor plans.
Page 2 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7109
Exhibits C and D
§These exhibits were not resubmitted because few changes are proposed. Section 5 of the
Statement of Agreement provides that both Exhibits are amended to reflect the increase in
the total number of hotel units from 227 to 248 and the addition of the parcel as described in
Exhibit A-1.
Exhibit E
§Exhibit E is added which provides specific language specific to the pedestrian bridge
regarding construction and maintenance.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the November 7, 2019
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC
regarding:
§Minimum Lot Area and Width
§Minimum Setbacks
§Maximum Height
§Minimum Off-Street Parking
§Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the November 7, 2019
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the
Beach by Design with regard to:
§Design Guidelines
§Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach
by Design. The proposed first amended and restated amendment to the existing Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria for the
allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
§Provides for no change in the number of units (100 units) allocated from the Hotel Density
Reserve (previously approved as part of HDA2014-06004/Resolution No. 14-29 and
amended by HDA2015-06001/Resolution No. 15-19);
§Adds Exhibit A-1 by to provide a legal description for the added parcel;
§Revises Exhibit B which includes new conceptual site plans, architectural drawings,
elevations and perspectives and renames that exhibit to “Exhibit B-1”;
§Exhibits C and D were not resubmitted because no significant changes are proposed to
these components except for updates to the total number of proposed hotel units and to
include the legal description of the added parcel as provided by Exhibit A-1. This is
referenced in Section 5 of the Statement of Agreement.
§Adds Exhibit E providing specific language pertaining construction and maintenance
regarding the proposed pedestrian bridge
§Requires the developer to obtain building permits within one year of approval of the
amended and restated Development Agreement and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
Page 3 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7109
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
§
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and/or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
The Planning and Development Department is recommending approval of this second
amendment to an existing Development Agreement for the allocation of up to 100 units from the
Hotel Density Reserve under Beach by Design.
Page 4 City of Clearwater Printed on 11/18/2019
Resolution No. 19-23
RESOLUTION NO. 19-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CLEARWATER AND TRIPROP CLEARWATER, LLC
AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK
PROPERTIES; ANCO HOLDINGS, LLC; NIKANA HOLDINGS,
LLC); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Alanik Properties, LLC; Anco Holdings, LLC; and Nikana
Holdings, LLC (collectively, the “Original Developer”) are parties to that certain Hotel
Density Reserve Development Agreement (the “Agreement”) as originally approved on
September 24, 2014, a copy of which is attached as Exhibit “1”; and
WHEREAS, the City and the Original Developer amended the Agreement (the “Amended
Agreement”) on August 20, 2015, a copy of which is attached as Exhibit “2”; and
WHEREAS, the Original Developer’s interest in the Agreement and the Amended
Agreement was assigned to Triprop Clearwater, LLC (the “New Developer”) on May 9,
2016; and
WHEREAS, the City and the New Developer desire to amend certain terms and provisions
of the Agreement and the Amended Agreement, as more fully set forth in the attached
Exhibit “3”; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section1. The second AMENDMENT TO THE HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENT between the City of Clearwater and TRIPROP CLEARWATER,
LLC AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK PROPERTIES; ANCO
HOLDINGS, LLC; NIKANA HOLDINGS, LLC), a copy of which is attached as Exhibit “3,” is hereby
approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the Development
Agreement to the state land planning agency no later than fourteen (14) days after the
Development Agreement is recorded.
Resolution No. 2
PASSED AND ADOPTED this _______ day of _____________, 2019.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
Original Hotel Development Agreement
Exhibit 1 to Resolution 19-23
First Amendment to Hotel Development Agreement
Exhibit 2 to Resolution 19-23
Proposed Second Amendment to Hotel Development Agreement
Exhibit 3 to Resolution 19-23
1
Return to:
City Attorney’s Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Second Amendment to Development Agreement
THIS SECOND AMENDMENT to DEVELOPMENT AGREEMENT (“Second Amendment”)
is dated the ____ day of November, 2019 and entered into between Triprop Clearwater LLC, a
Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF
CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City
Council, the governing body thereof (“City”).
Recitals:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida
Local Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real property
located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of
the City of Clearwater Community Development Code ("Code"), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, the City and Alanik Properties, LLC, a Florida limited liability company,
and Anco Holdings, LLC, a Florida limited liability company, and Nikana Holdings LLC, a
Florida limited liability company (collectively, “Original Developer”) entered into a
Development Agreement (HDA2014-06004, Resolution 14-29) dated September 24, 2014 and
recorded at Official Records Book 18541, Page 1887 in the public records of Pinellas County
(“Development Agreement”) as amended by that certain First Amendment to the Hotel Density
Reserve Development Agreement (HDA2015-06001, Resolution 15-19) between the parties dated
August 20, 2015 and recorded in the public records of Pinellas County at Official Records Book
19207, page 2409 (“First Amendment”);
WHEREAS, the Original Developer’s interest in the Development Agreement was
assigned to Developer pursuant to that certain Assignment of Hotel Density Reserve Development
Agreement dated May 9, 2016 as consented to by the City;
WHEREAS, Beach by Design proposed additional hotel units to equalize development
opportunities on the beach and ensure Clearwater Beach remains a quality, family resort
community by further providing for a limited pool of additional hotel units (“Hotel Density
Reserve”) to be made available for such mid-sized hotel projects; and
WHEREAS, the Development Agreement provided one hundred (100) units from the
Hotel Density Reserve to the Developer to be utilized on 1.994 acres of real property (as described
in the Development Agreement as “Property”); and,
WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design,
is 150 units per acre; and the Development Agreement provided for a density of 114 hotel units per
acre; and,
WHEREAS, the Developer is the owner of the Property and the adjacent property located
at 431 S. Gulfview Blvd and as described in Exhibit A-1 attached hereto and made part hereof
(“Adjacent Property”) and desires to include the Adjacent Property to the Project; and,
WHEREAS, the Adjacent Property is 0.426 acres and allows for an increase of twenty-
one (21) hotel units to the Project;
WHEREAS, the Developer desires to modify the Project as provided for herein and in
Exhibit B-1, attached hereto and made part hereof;
WHEREAS, upon completion of the Project contemplated in the Amended Agreement,
the Project will contain a total of two hundred forty eight (248) overnight accommodation
units (103 units per acre), which includes one hundred (100) units originally granted from the
available Beach by Design Hotel Density Reserve (“Amended Project”); and
WHEREAS, the Project includes an elevated pedestrian bridge across S. Gulfview Blvd.;
which connect the Project to 430 S. Gulfview Blvd.; and,
WHEREAS, the City has conducted such hearings as are required by and in accordance
with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and
WHEREAS, the City has determined that, as of the Effective Date of this Second
Amendment, the proposed project is consistent with the City’s Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-
606 of the Community Development Code (“Code”); and
WHEREAS, at a duly called public meeting on November __, 2019, the City Council
approved this Second Amendment and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, upon approval by the City Council, the Developer will seek to amend the
site plan approved pursuant to FLD2015-09036 pursuant to the Code (“Site Plan”) which has
been extended pursuant to state and local law and FLD2013-04015 pertaining to 430 S. Gulfview
Blvd.; and,
WHEREAS, the City and the Developer desire to amend certain terms and provisions of
the Agreement as more fully set forth herein below.
STATEMENT OF AGREEMENT
NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with
and under the authority of the Code and the Act, the terms of which as of the date of this
Agreement are incorporated herein by this reference and made a part of this Agreement. Words
used in this Agreement without definition that are defined in the Act shall have the same meaning
in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. Section 3 of the Agreement shall
be amended to include the Adjacent Property located at 431 S. Gulfview Blvd, Clearwater, FL
33767 and Exhibit “A” shall be amended to include the property referenced in Exhibit “A-1”.
Any exhibit which includes a legal description is hereby amended to include the adjacent Property
(collectively, “Property” and “Adjacent Property” is “Property”)
SECTION 4. Scope of Project. Notwithstanding anything contained in the
Development Agreement to the contrary, the Agreement shall be amended as follows
and all other references in the Agreement and Exhibits regarding the Project shall be consistent
with the following:
(a) Section 4.1 is amended to read: The Project shall consist of 248 overnight
accommodation units inclusive of 100 units from the Hotel Density Reserve and all
references to the total number of units on the Property shall be amended to two hundred
forty eight (248) units.
(b) Section 4.2 is amended to read: The Project shall include a minimum of
298 parking spaces, as defined in the Community Development Code, and, in addition,
shall provide a minimum of 230 publicly accessible Code-compliant parking spaces.
(c) Section 4.3 shall be amended to read: The design of the Project, as represented in
Exhibit “B-1”, is consistent with Beach by Design.
(d) Section 4.4 is amended to read: The density of the Project shall be 103 units/acre. In
no instance shall the density of a parcel of land exceed 150 units per acre. The height of
the Project shall be 150 feet as measured from Base Flood Elevation, as defined in the
Code. The maximum building heights of the various character districts cannot be increased
to accommodate hotel rooms allocated from the Hotel Density Reserve.
(d) Section 4.5 is added to read: The Project shall include an elevated pedestrian
walkway generally located at the south west quadrant of the site connecting the Project to
the existing hotel building located to the southwest, across S. Gulfview Blvd., and located
at 430 S. Gulfview Blvd., Clearwater (“Opal Sands”) as conditioned by the requirements
included in Exhibit “E” attached hereto and made part hereof and the conditions of site
plan approval.
(e) Section 6.1.3.1 shall reference Exhibit “B-1” as the Conceptual Site Plan.
(f) Section 6.1.3.2 shall be deemed to require site plan approval within one (1) year from
the effective date of this Second Amendment.
(f) Section 6.1.3.4 is added to read: The pedestrian bridge requires an amendment to
the approvals of 430 S. Gulfview Blvd. That property was the subject of a Level II Flexible
Development application (FLD2013-04015; approved June 18, 2013 and thereafter
constructed). An amendment to the previously approved site plan is required and the
Developer shall obtain appropriate site plan approval pursuant to a Level One or Level
Two development application within one (1) year from the effective date of this Second
Amendment in accordance with the provisions of the Code, and shall then obtain
appropriate permits and certificates of occupancy in accordance with the provisions of the
Code. Nothing herein shall restrict Developer from seeking an extension of site plan
approval or other development orders pursuant to the Code or state law.
(g) Section 6.1.3.5 is added to read: Direct access from the proposed pedestrian bridge
to the public right of way is specifically prohibited.
SECTION 5. Restrictive Covenants. The Agreement requires two restrictive covenants to be
recorded in conjunction with the operation of the Property and such covenants shall be amended
prior to recording consistent with the terms herein.
a. Section 6.1.3.3 shall be amended, together with the Hurricane Evacuation Agreement
included as Exhibit C therein, to reflect the total number of hotel units of 248 overnight
accommodation units and include the legal description of the additional property
attached hereto and made part hereof.
b. Section 6.1.4 and the Covenant of Unified Use included as Exhibit D therein shall be
updated to reflect the terms herein, including the addition of the property described in
Exhibit “A-1”.
SECTION 6. Approvals. Notwithstanding anything to the contrary contained in the
Development Agreement, including section 6.1.3.2, the Developer shall receive site plan approval
for the Amended Project within one (1) year of the effective date of this Second Amendment.
Approval of this Second Amendment requires the approval of a substantial amendment to
FLD2015-09036 which, if granted, shall supercede the existing approval.
SECTION 7. Pedestrian Bridge. The City shall grant to Developer an easement for air rights
over a portion of S. Gulfview Blvd as provided for herein, prior to the construction of the
Pedestrian Bridge on further terms and conditions to be agreed to by the parties and accepted by
the City’s council at a subsequent public meeting and consistent with the terms herein. The
easement may terminate as provided in the attached Exhibit “E,” Part V.
SECTION 8. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the
adoption of this Second Amendment.
SECTION 9. Ratification. Except as specifically modified herein, all terms, conditions and
obligations contained in the Development Agreement shall retain in full force and effect and are
reaffirmed by the parties hereto.
Signature page to follow
Signature Page to Second Amendment
to Development Agreement HDA2014-06004A
In the Presence of:
Triprop Clearwater, LLC
______________________________ ______________________________
Print Name: ____________________ Mark Walsh, as Manager/Member
______________________________
Print Name: ____________________
As to "Developer"
CITY OF CLEARWATER, FLORIDA
______________________________
By:______________________________
Print Name: ____________________ William B. Horne II,
City Manager
______________________________
Print Name: ____________________
As to "City"
Attest:
_________________________________
Rosemarie Call, City Clerk
Countersigned:
_________________________________
George N. Cretekos, Mayor
Approved as to Form:
_________________________________
Michael Fuino
Assistant City Attorney
Signature Page to Second Amendment
to Development Agreement HDA2014-06004A
STATE OF FLORIDA
COUNTY OF ___________
The foregoing instrument was acknowledged before me the ____ day of November, 2019,
by Mark Walsh, as manager of Triprop Clearwater LLC, a Florida limited liability company, for
the Company. He is [ ] personally known to me or has [ ] produced
__________________________ as identification.
________________________________
Notary Public
Print Name: ______________________
My Commission Expires:
Exhibit “A-1”
Adjacent Property Legal Description
Exhibit “B-1”
Revised Project
ZONING DATALEGAL DESCRIPTIONSITE DATAZONING DESIGNATIONADDRESS 421 S. GULFVIEW BLVD TOURIST (T) -RESORT FACILITIES HIGH (RFH) - BEACH BY DESIGNFLOOD ZONEVE 13 - VE 14 & AE 12LOT AREA105,445 SQ.FT. (2.42 ACRES)DESIGN GUIDELINESALLOWED/ REQUIREDPROVIDEDMAXIMUM BUILDING HEIGHTSETBACK REQUIREMENTSFRONT - (CORONADO DRIVE) - WEST15'-0" minPARCEL 1:LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTELY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOINDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING.ANDLOTS 124, 125, 126 AND 127, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.ANDLOTS 128 AND 129, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO TH EPLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.ANDLOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.AND LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS.DENSITY99.5(50 Guestrooms/Acre Max)12710'-0" - 15'-0"FRONT - (S. GULFVIEW BLVD) - EASTSIDE - (5TH STREET) - NORTH 0'-0" - 15'-0"0'-0"(Beach by Design) 150 FT 150 FTFLOOR PLATE CALCULATIONBetween 45' and 100', the floorplate will be no greater than 25,000 SF except for Parking Structures open to the Public.25,000 SF15'-0"0'-0"PARCEL 2 (.426 Acres)PARCEL 1 (1.99 Acres)(EXISTING KEY COUNT)21.3 21DENSITY POOL (BEACH BY DESIGN) 100 100248TOTALINT. SIDE - SOUTH0'-0" - 10'-0" 6'-2" min.PARKING CALCULATIONGUESTROOMS(1.2 per key)248 KEYS 297.6LOADING REQUIREMENTS2 (12X35)Between 100' and 150', the floorplate will be no greater than 10,000 SF. Deviations may be approved provided the mass and scale of design creates a tiered effect and complies with the maximum building envelope allowance above 45'. 10,000 SFDESIGN GUIDELINESALLOWED/ REQUIREDPROVIDED556N/A18,245 SF18,245 SF( ENVELOPE <75%)PARCEL 2:LOT 79 AND 80 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.AND ALSO:LOT 78, LLOYD-WHITE-SKINNER SUBDIVISION, AS AFORESAID TOGETHER WITH THE FOLLOWING PARCEL OF LAND BEGINNING IN THE NW CORNER OF LOT 127, LLOYD-WHITE-SKINNER SUBDIVISION, AS AFORESAID AS A P.O.B. RUN THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT A DISTANCE OF 3 FEET; THENCE SOUTHWESTERLY TO THE SW CORNER OF SAID LOT; THENCE RUN NORTHERLY ALONG THE WESTERLY LOT LINE OF SAID LOT TO P.O.B.THE SUBJECT PARCEL CONTAINS 18,565.20 SQUARE FEET OR 0.426 ACRES, MORE OR LESS.220C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:49:55 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0209/05/2019
0° 00' 00"
111.04'
S W
R=
L=26.31'
567.00'
R=
L=325.11'
567.00'
5
4
°
2
2'
0
5
"
1
0
0
.
0
3'SWR =
L =1 70 .0 4'77 7.00 '
R=
L=34.85'
777.00'0° 00' 00"
85.15'
N E R=
L=60.01'
777.00'
R=
L=10.00'
777.00'82° 58' 18"211.59'NECORONADO DRIVE
G U LFV IE W B O U LEV A R D5th STREETROOF
SPA DECK
(MORNING
DECK)
BALLROOM
ROOF
PARKING
PEDESTRIAN BRIDGE LINK
TO OPAL SANDS RESORT.
MORE THAN 17'-0" ABOVE
STREET LEVEL
RESTAURANT
SPACE
AT GRADE LEVEL
RETAIL SPACE
AT GRADE LEVEL
RETAIL SPACE
AT GRADE LEVEL
POOL DECK
EVENT LAWN
SWIMMING
POOL
PROPOSED 14
STORY HOTEL
TOWER
SPA POOL
RESTAURANT
TERRACE
4' - 6"
19' - 0"
49' - 10"
GARAGE
ACCESS
GARAGE
ACCESSSETBACK15' - 0"STEPBACK15' - 0"SETBACK5'
- 0"SETBACK15'
-
0"STEPBACK15'
-
0"
SETBACK
15' - 0"
SEPARATION BETWEEN STRUCTURES HIGHER THAN 100 FT.
R 100' - 0"
58' - 8 3/4"65' - 2"
175' - 6"
65' - 2"
49' - 10"
COOLING
TOWERS
S E TBAC K6' - 2"PARCEL 2
PARCEL 1
ZERO SETBACK
PROPOSED FOR
PARCEL 2
PROPOSED REDUCTION
IN SETBACK FOR A MORE
EFFICIENT PARKING
ZERO SETBACK
PROPOSED FOR PARCEL 1
AS PER DEVELOPMENT
AGREEMENT
OPAL SANDS
HOTEL
P A R C E L 2 - G U L F V IE W F R O N T A G E (Z E R O S E T B A C K )COASTAL CONSTRUCTION
CONTROL LINE. SEE SURVEY.35' - 0"70' R/W
BICYCLE RACK
BICYCLE RACK
BICYCLE RACK
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE FLOOD ZONE LINETO TOWER73' - 4"TO TOWER85' - 9 1/4"LANDSCAPE BUFFER TO TOWER55' - 3 1/8"183' - 0 1/2" T O TO W E R
24' - 4"SETBACK10' - 0"STEPBACK27' - 4 1/8"80' - 4"
LANDSCAPE BUFFER
25' - 0"TO TOWER12' - 3 3/4"C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt10/8/2019 5:59:48 PMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-0.03
09/05/2019
1" = 20'-0"A-0.03
1 SITE PLAN
UPUPUPUPUP94' - 0 7/8"26' - 11 23/32"81' - 2 1/2"27' - 6 11/32"3,352.90 SQ.FT.1,798 SQ.FT.49.42%CORONADO STREET FRONTAGE= 100% = 449.415' STEPBACK REQUIRED = 75% = 337.06' STEPBACK PROVIDED 49.42% + 5.76% + 20.03%= 75.21% = 338.03'AREA OF STEPBACK REQUIRED 337.06' x 15' = 5,055.9 SQ.FT.AREA OF STEPBACK PROVIDED = 5,123.07 SQ.FT.AREA OF ADDITIONAL STEPBACK PROVIDED = 1,798 SQ.FT.TOTAL AREA OF STEPBACK PROVIDED = 6,921.07 SQ.FT.70' - 3 7/32"398.40 SQ.FT.1,371.77 SQ.FT.15' - 0"15' - 0"15' - 0"15' - 0"11 ' - 8 1 /4"15' SETBACK LINE15' STEPBACK LINEPROPERTY LINE0° 00' 00"111.04'SW19° 05' 04"325.11'SE5 4 ° 2 2 ' 0 5 "1 0 0 .0 3 'S
W
1° 19' 06"26.31'SEP RO PE RT Y LI NE PROPERTY LINEPRO PER TY LINEPROPERTY LINE5 6 ° 2 7 ' 4 9 "1 1 0 .3 8 'S
W
0° 00' 00"85.15'NE1° 16' 47"34.85'NW13° 54' 01"170.04'NW82° 58' 18"
211.59'N E10' - 0"5' SETBACK LINE10' SETBACK LINE33' - 8"33' - 8"20.03%STEPBACK PROVIDED5' - 0"15' - 0"6' - 2"6' - 2"SETBACK PROVIDED85' - 10"15' SETBACK LINESETBACK PROVIDED25' - 10 13/16"90' - 0 11/32"101' - 0 5/8"5.76%STEPBACK17' - 4 3/16"15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-661' -8"0450 P-771' -0"0550 P-880' -4"0650 P-933' -8"0200 P-425' - 0"SETBACK15' - 0"STEPBACK15' - 0"STEPBACK PROVIDEDCORONADO DRIVE15' STEPBACK REQUIRED AT A HEIGHT OF 25' MAX.PROPERTY LINEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGE5' - 2"90' -4"0750 P-10GARAGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:23 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0409/05/20191" = 30'-0"A-0.041STEPBACK 0200 LEVEL1" = 20'-0"A-0.042PARKING GARAGE SECTION
UPUPUP3,352.90 SQ.FT.1,798 SQ.FT.15' - 0"15' - 0"26' - 11 23/32"15' - 0"15' - 0"POOL52' - 4"49' - 10"15' SETBACK LINE15' STEPBACK LINEPROPERTY LINEP RO PE RT Y LI NE PROPERTY LINEPROPERTY LINEPROPERTY LINE5' SETBACK LINE10' SETBACK LINE0° 00' 00"111.04'SW1° 19' 06"26.31'SE19° 05' 04"325.11'SE82° 58' 18"
211.59'N E 0° 00' 00"85.15'NE1° 16' 47"34.85'NW13° 54' 01"170.04'NW5 6 ° 2 7 ' 4 9 "1 1 0 .3 8 'S W54° 2 2 ' 0 5 "1 0 0 .0 3 'S W 5' - 0"STEPBACK PROVIDED10' - 0"6' - 2"6' - 2"SETBACK PROVIDED15' - 0"15' SETBACK LINESETBACK PROVIDED49.42%398.40 SQ.FT.1,371.77 SQ.FT.20.03%5.76%101' - 0 5/16"94' - 0 7/8"90' - 0 11/32"CORONADO STREET FRONTAGE= 100% = 449.415' STEPBACK REQUIRED = 75% = 337.06' STEPBACK PROVIDED 49.42% + 5.76% + 20.03%= 75.21% = 338.03'AREA OF STEPBACK REQUIRED 337.06' x 15' = 5,055.9 SQ.FT.AREA OF STEPBACK PROVIDED = 5,123.07 SQ.FT.AREA OF ADDITIONAL STEPBACK PROVIDED = 1,798 SQ.FT.TOTAL AREA OF STEPBACK PROVIDED = 6,921.07 SQ.FT.STEPBACK17' - 4 3/16"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:26 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0509/05/20191" = 30'-0"A-0.051STEPBACK 0300 LEVEL
UP
UP
UP
UP
UP
UP
UP
UP
61600 SF
GARAGE
379 SF
ELEV.179 SF
ELEV.
365 SF
ELEV.
673 SF
STAIR
765 SF
STAIR
2844 SF
SERVICE CORRIDOR2208 SF
LOADING
5879 SF
B.O.H
Area Legend
8- BOH
9- RETAIL
12- CIRCULATION
13- VERTICAL CIRCULATION
14- PARKING
16-DECKS, TERRACES &
BALCONIES
2161 SF
RESTAURANT/
ACCESSORY
311 SF
STAIR
2612 SF
COMMERCIAL/RETAIL/
ACCESSORY
3706 SF
TERRACE
911 SF
POOL EQUIPMENT
VALET
BARRIER
302 SF
B.O.H
SELF PARKI
NGVALET PARKI
NGUP 8.33%UP 15.96%VALET PARKING
IN
OUT ONLY
OUT
IN
OUT
ELEV.
VALET TANDEM
VALET OVERFLOW
BEACH ACCESS
ELEVATORS
712 SF
STAIR
748 SF
STAIR
1990 SF
COMMERCIAL/RETAIL/
ACCESSORY
GARAGE ACCESS
GARAGE EXITPROPOSED SETBAC K6' - 2"R EQ U IRED SETBAC K10' - 0"REQUI
RED SETBACK5'
-
0"PROPOSED SETBACK17' - 11 19/32"SETBACK10' - 0"SETBACK15' - 0"
ACCESSIBLE RAMP
RAMP UP TO
LOBBY LEVEL
RAMP DOWN
FROM LOBBY
LEVEL
CORONADO DRIVE
G U LFV IE W BO U LE VA R D
5th STREETTRASH
COMPACTOR
12' x 35'
LOADING
SPACES
BEACH
ACCESS
ELEVATOR
BEACH ACCESS STAIR
VALET EXIT
SETBACK
15' - 0"SETBACK15' - 0"SETBACK
15' - 0"
ELEVATOR
VESTIBULE
OUT ONLY
BEACH ACCESS STAIR
BICYCLE RACK
BICYCLE RACK
BICYCLE RACK
OPAL SANDS
HOTEL
COASTAL CONSTRUCTION
CONTROL LINE. SEE
SURVEY.
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE
LINE
APPROXIMATE
FLOOD ZONE LINE 82' - 5 3 /1 6"7 ' - 7 5 /3 2 "171 SF
B.O.H
1552 SF
COMMERCIAL/RETAIL/
ACCESSORY
PEDESTRIAN BRIDGE
PROJECTION ABOVE
LANDSCAPE BUFFER
LANDSCAPE BUFFER
25' - 0"C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt10/7/2019 11:00:55 AMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-0.06
09/05/2019
1" = 20'-0"A-0.06
1 0000 P-1
PARKING SCHEDULE
294 SELF PARKING
154 VALET
11 VALET DRIVEWAY
21 VALET OVERFLOW
76 VALET TANDEM
556
DNUPUPUPUPUPUPUPUPUPUPDNUPUPUPUPUPUP4004 SFRESTAURANT420 SFFRONT DESK763 SFOFFICES951 SFRESTROOMS2536 SFB.O.H1944 SFCAFE/BAR3710 SFKITCHEN7056 SFLOBBYArea Legend2- F&B5- FOOD SERVICE6- LOBBY7- FRONT DESK8- BOH13- VERTICAL CIRCULATION14- PARKING15- POOL16-DECKS, TERRACES &BALCONIES17089 SFPOOL DECK2753 SFPOOLVALET BARRIERSELF PARKING
V A LE T P A R KIN G
30' - 0"50' - 0"19' - 0"RAMP UP 4.97%17' - 0"16' - 6"15.47%8.52%8.20%12.90%14.46%8.04%9.53%102 SFELEV.BEACH ACCESS ELEVATORSOPEN TO BELOWOPEN TO BELOWIN 11.23%34145 SFGARAGE765 SFSTAIR184 SFELEV.674 SFSTAIR15' - 0"15' - 0"17' - 0"19' - 0"OPEN TO BELOWDROP OFF 258 SFFIRE COMMANDCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"PROPOSED SETBACK6' - 2"SETBACK15' - 0"UP 6.00%UP 14.69%D OW N 8.33%15.96%788 SFSTAIR12' - 0"EVENT LAWNRAMP UP 4.65%COASTAL CONSTRUCTION CONTROL LINE. SEE SURVEY.APPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEBEACH ACCESS ELEVATORBEACH ACCESS STAIRBEACH ACCESS STAIR82' - 5 3/16"7' - 7 5/32"447 SFB.O.HPEDESTRIAN BRIDGE PROJECTION ABOVEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:37 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0709/05/2019PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM5561" = 20'-0"A-0.0710100 LEVEL / P-2
UPUPUPUPUPUPUPUPDNUPUPUP1524 SFB.O.H33849 SFGARAGE765 SFSTAIR184 SFELEV.674 SFSTAIRLEVEL 100 BELOWLEVEL 100 BELOWBEACH ACCESS ELEVATORSU P 6.00%UP 14.69%DOW N 14.69%DOW N 6.04%VALET BARRIERSELF PARKING
V A LE T P A R KIN G
24' - 4"24' - 4"2368 SFB.O.H790 SFSTAIRArea Legend8- BOH13- VERTICAL CIRCULATION14- PARKINGSETBACK15' - 0"SETBACK5' - 0"SETBACK10' - 0"PROPOSED SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK10' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:45 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0809/05/2019PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM5561" = 20'-0"A-0.0810150 P-3
UPUPDNDNUPDNUPDNUPUPUPUP9348 SFBALLROOM5547 SFPRE-FUNCTION2015 SFSERVICE CORRIDOR889 SFSTAIR184 SFELEV.624 SFMR#974 SFMR#922 SFMR#625 SFMR#637 SFMR#630 SFMR#954 SFRESTROOMS3259 SFFOOD SERVICE1428 SFMEP729 SFPANTRY3465 SFPRE-FUNCTION2752 SFLOBBYOPEN TO BELOWArea Legend3- MEETING3.5- PRE-FUNCTION5- FOOD SERVICE7- FRONT DESK8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKING467 SFRESTROOMS46' - 1 3/4"37' - 1 5/8"39' - 3 3/8"548 SFMR#617 SFMR#13' - 8"75' - 0"1496 SFPRE-FUNCTION /BALLROOM37' - 6"37' - 6"SELF PARKINGUP 14.69%UP 6.00%DOW N 14.69%DOW N 6.04%448 SFOFFICES731 SFRESTROOMS816 SFSTAIRELEV.SETBACK15' - 0"STEPBACK15' - 0"15372 SFGARAGESETBACK10' - 0"SETBACK15' - 0"STEPBACK15' - 0"BEACH ACCESS ELEVATORS33' - 8"33' - 8"33' - 8"87 SFB.O.HSETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TPEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORT. MORE THAN 17'-0" FEET ABOVE STREET LEVEL.STEPBACK17' - 4 1/8"8.33%8.31%8.32%1281 SFBRIDGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:58 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0909/05/20191" = 20'-0"A-0.0910200 LEVEL / P-4PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM556
UPUPUPUPUPUPUPUPUPUPUPUP861 SFSTAIR308 SFSTAIR184 SFELEV.15414 SFGARAGESELF PARKINGUP 6.00%D OW N 14.69%D O W N 6.04%Area Legend13- VERTICAL CIRCULATION14- PARKING16-DECKS, TERRACES &BALCONIESBEACH ACCESS ELEVATORSOPEN TO LEVEL 200 BELOWCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"UP 14.69%STEPBACK17' - 4 1/8"234 SFPOOL DECKOPEN TO LEVEL 200 BELOWC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:11 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1009/05/20191" = 20'-0"A-0.1010250 P-5PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM556
UPDNUPUPUPUPDNUPUP1829 SFCORRIDOR160 SFLOBBYArea Legend1- GUESTROOMS4- RECREATIONAL5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKING15- POOL16-DECKS, TERRACES &BALCONIES953 SFSPA LOBBY5276 SFPOOL DECK450 SFPOOLBALLROOM OPEN TO BELOWROOFOPEN TO BELOW3 0 ' - 0 "15' - 0"160BEACH ACCESS ELEVATORS208 SFSTAIR15644 SFGARAGE184 SFELEV.341 SFSTAIR5276 SF/30176 PEOPLESELF PARKINGDOWN 14.69%D O W N 6.04%UP 6.00%UP 14.69%52' - 4"52' - 4"33' - 8"49' - 10"3221 SFSPA1552 SFFITNESS CENTER199 SFPOOL EQUIP.CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"40' - 0"864 SFMEP431 SFPOOL EQUIP.STEPBACK17' - 4 1/8"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:22 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1109/05/20191" = 20'-0"A-0.1110300 LEVEL / P-6
UPUPUPUPUPUPUP250 SFLOBBY1847 SFCORRIDOR531 SFB.O.HArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICALCIRCULATION14- PARKING6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"61' - 8"61' - 8"49' - 10"BEACH ACCESS ELEVATORSSELF PARKINGUP 6.00%U P 14.69%DOW N 6.04%DO W N 14.69%15611 SFGARAGE208 SFSTAIR184 SFELEV.344 SFSTAIRBALLROOM ROOF BELOWOPEN TO SPA BELOWOPEN TO SPA BELOWCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"40' - 0"SETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"431 SFB.O.HSTEPBACK17' - 4 1/8"151' - 10"19' - 2"21' - 3 1/8"143' - 11"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:34 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1209/05/20191" = 20'-0"A-0.1210400 LEVEL / P-7
UPUPUPUPUPUPUPUPUPArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKINGBEACH ACCESS ELEVATORS15646 SFGARAGE208 SFSTAIR184 SFELEV.344 SFSTAIRDOW N 6.04%D O W N 14.69%DOW N 6.00%SELF PARKING
CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"40' - 0"STEPBACK17' - 4 1/8"430 SFB.O.H71' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:46 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1309/05/20191" = 20'-0"A-0.1310500 LEVEL / P-8
UPUPUPUPUPUPArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION1847 SFCORRIDOR250 SFLOBBY531 SFB.O.H229 SFMEP140 SFPANTRY111 SFMEP175 SFSTAIR186 SFSTAIR40' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"SETBACK10' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK6' - 2"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"STEPBACK17' - 4 1/8"19' - 2"21' - 3 1/8"141' - 8 3/8"151' - 1"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:57 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1409/05/20191" = 20'-0"A-0.141TYPICAL FLOOR PLAN (LEVELS 600 TO 1700)
19' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL59' -4"0400 LEVEL68' -10"0500 LEVEL78' -4"0600 LEVEL87' -10"0700 LEVEL97' -4"0800 LEVEL106' -10"0900 LEVEL116' -4"1000 LEVEL125' -10"1100 LEVEL135' -4"1200 LEVEL144' -10"1400 LEVEL154' -4"1500 LEVEL165' -0"ROOF LEVEL10' - 6"10' - 8"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"16' - 2"14' - 8"14' - 6"150' - 0"10' - 6"4' -6"0000 P-10' -0"NAVD15' -0"BFE17' -0"DROP-OFF8' - 6"1' - 0"5' - 0"2' - 0"6"11' - 4"13' - 10"15' - 6"13' - 6"175' -6"UPPER ROOF13' - 6"14' - 8"RRRSSSTTT3GUESTROOMCORRIDORFITNESSCENTERFITNESSTERRACEMEETINGPRE-FUNCTIONLOBBYHOTELDROP-OFFHOUSEKEEPINGSOILEDLINENHOLDINGSTORAGEB.O.HCORRIDORGARAGEPOOLDECKPOOLEQUIPMENTROOMPOOL16' - 6"17' - 0"19' - 0"6' - 0"GULFVIEW BOULEVARDCORONADO DRIVEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:52:18 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1909/05/20191" = 10'-0"A-0.191SECTION 1
BFE 15'-0" N.A.V.D34' - 10"10' - 6"6' - 0"150' - 0"10' - 6"14' - 6"45' - 4"150' - 0"10' - 6"70' - 4"10' - 6"RETAIL/ CAFE AT GROUND LEVELLANDSCAPE BUFFERPEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORTRETAIL AT GROUND LEVELBEACH ACCESS STAIRBEACH ACCESS ELEVATORBEACH ACCESS STAIR76' - 4"10' - 6"211' - 4 1/4"67' - 4 3/8"31' - 7 1/2"147' - 0 1/8"27' - 2 1/8"53' - 5 3/8"74' - 7"5' - 0 1/2"50' - 1"31' - 7"BFE 15'-0" N.A.V.D14' - 6"10' - 6"150' - 0"6' - 0"34' - 10"10' - 6"15' - 0"15' - 0"31' - 2"10' - 6"14' - 6"54' - 10"15' - 0"14' - 0"BEACH ACCESS ELEVATORBEACH ACCESS STAIRACCESSIBLE RAMP34' - 10"10' - 6"7' - 0"69' - 4"10' - 6"16' - 0"14' - 10"LANDSCAPE BUFFERLANDSCAPE BUFFER64' - 5"7' - 7 1/8"82' - 5 1/4"10' - 0"9' - 5 7/8"63' - 4 7/8"98' - 11 1/8"71' - 7 7/8"35' - 11 5/8"48' - 7 3/4"38' - 0"11' - 8 5/8"52' - 6 7/8"27' - 9 3/8"92' - 2 1/2"19' - 10 1/4"24' - 5 3/8"139' - 7 3/8"48' - 7 3/8"86' - 0"74' - 7 7/8"35' - 3 1/8"201' - 3 1/4"25' - 10 3/4"36' - 9 1/8"BFE 15'-0" N.A.V.D15' - 0"10' - 0"10' - 6"70' - 4"34' - 10"10' - 6"20' - 8"10' - 6"14' - 2"10' - 6"14' - 6"54' - 10"25' - 0"92' - 2 1/2"139' - 7 3/8"24' - 5 3/8"19' - 10 1/4"22' - 2 1/2"52' - 7 3/8"BFE 15'-0" N.A.V.D14' - 6"4' - 0"10' - 6"6' - 0"150' - 0"10' - 6"70' - 4"10' - 6"14' - 6"10' - 6"10' - 0"54' - 10"25' - 0"PEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORTRETAIL AT GROUND LEVELLANDSCAPE BUFFERRETAIL/ CAFE AT GROUND LEVELBEACH ACCESS STAIR14' - 10"16' - 0"50' - 1"31' - 7"5' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt10/7/2019 10:21:06 AMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2209/05/2019A-0.221NORTH GULFVIEW BOULEVARDA-0.222NORTH CORONADO DRIVEA-0.223SOUTH CORONADO DRIVEA-0.224SOUTH GULFVIEW BOULEVARD
DNDNCORONADO DRIVEGULFVIEW BOULEVARD5t h STREE TPROPOSED HOTEL TOWER4' - 6"CAFE/BAR TERRACE800' - 0"800' - 0"800' - 0"800' - 0"800' - 0"R 100' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 6:05:01 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2309/05/20191" = 100'-0"A-0.231SITE PLAN TOWER SEPARATIONBUILDING HEIGHT MAY BE INCREASED TO ONE HUNDRED AND FIFTY FEET (150') IF: PORTIONS OF ANY STRUCTURE WHICH EXCEED ONE HUNDRED FEET(100') IN HEIGHT ARE SPACED AT LEAST ONE HUNDRED (100') APART; WITH NO MORE THAN FOUR (4) STRUCTURES WHICH EXCEED ONE HUNDRED FEET (100') WITHIN EIGHT HUNDRED FEET (800')
C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:02 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2809/05/2019Area Schedule (0300 SERIES)Level Name Count Area DepartmentSCHEDULE TYPE0900 LEVEL B.O.H 1 531 SF8- BOH0900 LEVEL MEP 2 340 SF8- BOH1000 LEVEL B.O.H 1 531 SF8- BOH1000 LEVEL MEP 2 340 SF8- BOH1100 LEVEL B.O.H 1 531 SF8- BOH1100 LEVEL MEP 2 340 SF8- BOH1200 LEVEL B.O.H 1 531 SF8- BOH1200 LEVEL MEP 2 340 SF8- BOH1400 LEVEL B.O.H 1 531 SF8- BOH1400 LEVEL MEP 2 340 SF8- BOH1500 LEVEL B.O.H 1 531 SF8- BOH1500 LEVEL MEP 2 340 SF8- BOH56 38,028 SF0000 P-1 RESTAURANT/ACCESSORY1 2,161 SF9- RETAIL0000 P-1 RETAIL/ ACCESSORY 2 4,603 SF9- RETAIL3 6,763 SF0000 P-1 LOBBY 1 321 SF 12- CIRCULATION0200 LEVEL BRIDGE 1 1,281 SF 12- CIRCULATION0200 LEVEL LOBBY 1 2,752 SF 12- CIRCULATION0300 LEVEL CORRIDOR 1 1,829 SF 12- CIRCULATION0300 LEVEL LOBBY 1 160 SF 12- CIRCULATION0300 LEVEL SPA LOBBY 1 953 SF 12- CIRCULATION0400 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0400 LEVEL LOBBY 1 250 SF 12- CIRCULATION0500 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0500 LEVEL LOBBY 1 250 SF 12- CIRCULATION0600 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0600 LEVEL LOBBY 1 250 SF 12- CIRCULATION0700 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0700 LEVEL LOBBY 1 250 SF 12- CIRCULATION0800 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0800 LEVEL LOBBY 1 250 SF 12- CIRCULATION0900 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0900 LEVEL LOBBY 1 250 SF 12- CIRCULATION1000 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1000 LEVEL LOBBY 1 250 SF 12- CIRCULATION1100 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1100 LEVEL LOBBY 1 250 SF 12- CIRCULATION1200 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1200 LEVEL LOBBY 1 250 SF 12- CIRCULATION1400 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1400 LEVEL LOBBY 1 250 SF 12- CIRCULATION1500 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1500 LEVEL LOBBY 1 250 SF 12- CIRCULATION28 30,366 SF0000 P-1 ELEV. 3 655 SF 13- VERTICAL CIRCULATION0000 P-1 STAIR 7 3,735 SF 13- VERTICAL CIRCULATION0100 LEVEL ELEV. 3 672 SF 13- VERTICAL CIRCULATION0100 LEVEL STAIR 6 3,446 SF 13- VERTICAL CIRCULATION0150 P-3 STAIR 3 2,230 SF 13- VERTICAL CIRCULATION0200 LEVEL ELEV. 3 675 SF 13- VERTICAL CIRCULATION0200 LEVEL STAIR 5 3,333 SF 13- VERTICAL CIRCULATION0250 P-5 STAIR 1 861 SF 13- VERTICAL CIRCULATION0300 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0300 LEVEL STAIR 3 645 SF 13- VERTICAL CIRCULATION0400 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0400 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0500 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0500 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0600 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0600 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0700 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0700 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0800 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0800 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0900 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0900 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1000 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1000 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1100 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1100 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1200 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1200 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1400 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1400 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1500 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1500 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION91 29,827 SFTOTAL462 296,485 SFArea Schedule (0300 SERIES)Level Name Count Area DepartmentSCHEDULE TYPE0300 LEVEL BAY / ROOM 16 10,662 SF 1- GUESTROOMS0400 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0500 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0600 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0700 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0800 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0900 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1000 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1100 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1200 LEVEL BAY / ROOM 19 11,488 SF 1- GUESTROOMS1400 LEVEL BAY / ROOM 19 11,488 SF 1- GUESTROOMS1500 LEVEL BAY / ROOM 18 11,488 SF 1- GUESTROOMS248 137,030 SF0100 LEVEL CAFE/BAR 1 1,944 SF2- F&B0100 LEVEL RESTAURANT 1 4,004 SF2- F&B2 5,947 SF0200 LEVEL BALLROOM 1 9,348 SF3- MEETING0200 LEVEL MR# 8 5,578 SF3- MEETING0200 LEVEL PRE-FUNCTION /BALLROOM1 1,496 SF3- MEETING10 16,422 SF0200 LEVEL PRE-FUNCTION 2 9,012 SF 3.5- PRE-FUNCTION2 9,012 SF0300 LEVEL FITNESS CENTER 1 1,552 SF 4- RECREATIONAL0300 LEVEL SPA 1 3,221 SF 4- RECREATIONAL2 4,773 SF0100 LEVEL KITCHEN 1 3,710 SF 5- FOOD SERVICE0200 LEVEL FOOD SERVICE 1 3,259 SF 5- FOOD SERVICE0200 LEVEL PANTRY 1 729 SF 5- FOOD SERVICE0300 LEVEL PANTRY 1 136 SF 5- FOOD SERVICE0400 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0500 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0600 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0700 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0800 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0900 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1000 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1100 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1200 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1400 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1500 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE15 9,371 SF0100 LEVEL LOBBY 1 7,056 SF6- LOBBY1 7,056 SF0100 LEVEL FIRE COMMAND 1 258 SF 7- FRONT DESK0100 LEVEL FRONT DESK 1 420 SF 7- FRONT DESK0100 LEVEL OFFICES 1 763 SF 7- FRONT DESK0200 LEVEL OFFICES 1 448 SF 7- FRONT DESK4 1,888 SF0000 P-1 B.O.H 3 6,639 SF8- BOH0000 P-1 LOADING 1 2,208 SF8- BOH0000 P-1 POOL EQUIPMENT 1 911 SF8- BOH0000 P-1 SERVICE CORRIDOR 1 2,844 SF8- BOH0100 LEVEL B.O.H 2 2,982 SF8- BOH0100 LEVEL RESTROOMS 1 951 SF8- BOH0150 P-3 B.O.H 2 3,892 SF8- BOH0200 LEVEL B.O.H 2 247 SF8- BOH0200 LEVEL MEP 1 1,428 SF8- BOH0200 LEVEL RESTROOMS 3 2,152 SF8- BOH0200 LEVEL SERVICE CORRIDOR 1 2,015 SF8- BOH0300 LEVEL B.O.H 1 531 SF8- BOH0300 LEVEL MEP 2 1,024 SF8- BOH0300 LEVEL POOL EQUIP. 2 630 SF8- BOH0400 LEVEL B.O.H 1 531 SF8- BOH0400 LEVEL MEP 2 340 SF8- BOH0500 LEVEL B.O.H 1 531 SF8- BOH0500 LEVEL MEP 2 340 SF8- BOH0600 LEVEL B.O.H 1 531 SF8- BOH0600 LEVEL MEP 2 340 SF8- BOH0700 LEVEL B.O.H 1 531 SF8- BOH0700 LEVEL MEP 2 340 SF8- BOH0800 LEVEL B.O.H 1 531 SF8- BOH0800 LEVEL MEP 2 340 SF8- BOHP1 Parking ScheduleParking Group Type Count CommentsSELF PARKINGPark_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0000 P-1: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 38 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0050 P-2: 3939Park_ParkingSpace 8' 6" x 18' - 90 deg 39 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0150 P-3: 4040Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0200 P-4: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0250 P-5: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0350 P-6: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0450 P-7: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0550 P-8: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 34 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0650 P-9: 3535SELF PARKING: 294294VALETPark_ParkingSpace 8' 6" x 18' - 90 deg 85 VALET0000 P-1: 8585Park_ParkingSpace 8' 6" x 18' - 90 deg 34 VALET0050 P-2: 3434Park_ParkingSpace 8' 6" x 18' - 90 deg 35 VALET0150 P-3: 3535VALET: 154154VALET DRIVEWAYPark_ParkingSpace 23' x 9' Parallel 5 VALET DRIVEWAY0050 P-2: 55Park_ParkingSpace 23' x 9' Parallel 6 VALET DRIVEWAY0150 P-3: 66VALET DRIVEWAY: 1111VALET OVERFLOWPark_ParkingSpace 8' 6" x 18' - 90 deg 21 VALET OVERFLOW0000 P-1: 2121VALET OVERFLOW: 2121VALET TANDEMPark_ParkingSpace 8' 6" x 18' - 90 deg 57 VALET TANDEM0000 P-1: 5757Park_ParkingSpace 8' 6" x 18' - 90 deg 9 VALET TANDEM0050 P-2: 99Park_ParkingSpace 8' 6" x 18' - 90 deg 10 VALET TANDEM0150 P-3: 1010VALET TANDEM: 7676Grand total: 556556
14032 SFGROSS AREA3707 SFDECK/BALC./TERR.63454 SFPARKING5252 SFGROSS AREA2263 SFGROSS AREA765 SFGROSS AREA1991 SFGROSS AREA34457 SFPARKING801 SFGROSS AREA674 SFGROSS AREA765 SFGROSS AREA23828 SFGROSS AREA19825 SFDECK/BALC./TERR.34081 SFPARKING3180 SFGROSS AREA1628 SFGROSS AREA765 SFGROSS AREA679 SFGROSS AREA43031 SFGROSS AREA15458 SFPARKING832 SFDECK/BALC./TERR.2718 SFDECK/BALC./TERR.1281 SFGROSS AREA15945 SFPARKING1130 SFGROSS AREA21412 SFGROSS AREA5521 SFDECK/BALC./TERR.203 SFGROSS AREA3530 SFDECK/BALC./TERR.15777 SFGROSS AREA2497 SFDECK/BALC./TERR.15777 SFGROSS AREA2637 SFDECK/BALC./TERR.16808 SFPARKING16780 SFPARKING16814 SFPARKING16817 SFGARAGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:27 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2909/05/2019GROSS AREA CALCULATION - HOTELLevel Area0000 P-1 24,601 SF0050 P-2 2,241 SF0100 LEVEL 23,828 SF0150 P-3 6,251 SF0200 LEVEL 44,312 SF0250 P-5 1,130 SF0300 LEVEL 21,615 SF0400 LEVEL 15,777 SF0500 LEVEL 15,777 SF0600 LEVEL 15,777 SF0700 LEVEL 15,777 SF0800 LEVEL 15,777 SF0900 LEVEL 15,777 SF1000 LEVEL 15,777 SF1100 LEVEL 15,777 SF1200 LEVEL 15,777 SF1400 LEVEL 15,777 SF1500 LEVEL 15,777 SFROOF LEVEL 2,009 SF299,533 SFGROSS AREA CALCULATION - PARKINGLevel Area0000 P-1 63,454 SF0050 P-2 34,457 SF0150 P-3 34,081 SF0200 LEVEL 15,458 SF0250 P-5 15,945 SF0350 P-6 16,808 SF0450 P-7 16,780 SF0550 P-8 16,814 SF0650 P-9 16,817 SF230,613 SFGROSS AREA CALCULATION - TERRACES ...Level Area0000 P-1 3,707 SF0100 LEVEL 19,825 SF0200 LEVEL 3,550 SF0300 LEVEL 9,051 SF0400 LEVEL 2,497 SF0500 LEVEL 2,637 SF0600 LEVEL 2,637 SF0700 LEVEL 2,637 SF0800 LEVEL 2,637 SF0900 LEVEL 2,637 SF1000 LEVEL 2,637 SF1100 LEVEL 2,637 SF1200 LEVEL 2,637 SF1400 LEVEL 2,637 SF1500 LEVEL 2,637 SF64,997 SF1" = 80'-0"A-0.2910000 P-11" = 80'-0"A-0.2920050 P-21" = 80'-0"A-0.2930100 LEVEL1" = 80'-0"A-0.2940150 P-31" = 80'-0"A-0.2950200 LEVEL / P-41" = 80'-0"A-0.2960250 P-51" = 80'-0"A-0.2970300 LEVEL1" = 80'-0"A-0.2980400 LEVEL1" = 80'-0"A-0.299TYPICAL LEVEL1" = 80'-0"A-0.29100350 P-61" = 80'-0"A-0.29110450 P-71" = 80'-0"A-0.29120550 P-81" = 80'-0"A-0.29130650 P-9
DNUPUPUPXP8P7P10P11HHGGDDCCFFEEJJBBDDDP91A-1.043A-1.045A-1.044A-1.04BALLROOMPREFUNCTION/BALLROOM33' - 8"26' - 0"GARAGESERVICECORRIDORELEVATORVESTIBULEELEVATORELEVATORSTAIR 4ELEVATORVESTIBULEELEVATORELEVATORSTAIR 5TERRACETERRACE AREAPEDESTRIAN BRIDGEPORTE COCHERE ROOFALANIK HOTELOPAL SANDS HOTELOPEN TERRACEHOTEL LOBBYC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:31 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0309/05/20191" = 10'-0"A-1.031BRIDGE PLAN LEVEL 0200
UPDNUPUPP8P10P11HHGGDDCCFFEEJJDDDP91A-1.043A-1.045A-1.044A-1.04GULFVIEW BOULEVARDRETAILOUT ONLYGARAGE EXITEXISTING ACCESSIBLE ROUTESTAIR 5ELEVATORRETAILELEV.VESTIBULEELEVATORGARAGEELEVATORELEVATORHOTELLIMITEDACCESSLOBBYSTAIR 1HOTEL DROP-OFFSTAIR 48.33%5.00%PEDESTRIAN BRIDGE PROJECTION ABOVEALANIK HOTELOPAL SANDS HOTELNEW STRUCTURAL SUPPORT FOR PROPOSED PEDESTRIAN BRIDGE C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:41 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.03.109/05/20191" = 10'-0"A-1.03.11BRIDGE ACCESIBLE ROUTE STREET LEVEL
19' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-633' -8"0200 P-419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-552' -4"0350 P-633' -8"0200 P-41A-1.0419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-633' -8"0200 P-419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-552' -4"0350 P-633' -8"0200 P-41A-1.0419' -0"0100 LEVEL97' -4"0800 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-661' -8"0450 P-771' -0"0550 P-880' -4"0650 P-933' -8"0200 P-490' -4"0750 P-1026' - 0"33' - 8"3A-1.045A-1.0410' - 2"CLEAR17' - 0"GULFVIEW BOULEVARDELEVATORELEV.VESTIBULEELEVATORVESTIBULENEW STRUCTURAL SUPPORT FOR PROPOSED PEDESTRIAN BRIDGE OPAL SANDS HOTELALANIK HOTELOPEN TERRACEELEVATORVESTIBULEELEVATORC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:51 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0409/05/20191" = 10'-0"A-1.042BRIDGE SECTION 11" = 10'-0"A-1.043BRIDGE SECTION 21" = 10'-0"A-1.044BRIDGE SECTION 31" = 10'-0"A-1.045BRIDGE SECTION 41" = 10'-0"A-1.041Section Bridge option 1
53,865 sq.ft.5,675 sq. ft.59,540 sq.ft (windows/decoration) = 88.01% of Total Facade (67,650 sq. ft.)6,320 sq.ft.5,562 sq.ft.3,936 sq.ft.15,478 sq.ft.3,225 sq.ft.6,699 sq.ft. 41,784 sq.ft (windows/decoration) = 60.93% of Total Facade (67,650 sq. ft.)2,208 sq. ft.4,404 sq. ft.1,884 sq. ft.8,496 sq.ft (windows/decoration) = 78.20% of Total Facade (10,864 sq. ft.)50% open parking garagefacing exisitng buildingC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt10/7/2019 10:26:11 AMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0509/05/20191" = 20'-0"A-1.051WEST ELEVATION (GULFVIEW BOULEVARD).Calculations1" = 20'-0"A-1.052EAST ELEVATION (CORONADO DRIVE). Calculations1" = 20'-0"A-1.053NORTH ELEVATION (5th STREET). Calculations.1" = 20'-0"A-1.054SOUTH ELEVATION. Calculations.
EXTERIOR
INTERIOR
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
EYEBROW/ DECORATION:
METAL COMPOSITE MATERIAL BUILDING
PANELS (REYNOBOND 240 FR
MANUFACTURED BY ALCOA ARCHITECTURAL
PRODUCTS OR ACCEPTABLE EQUIVALENT)
ATTACHED TO METAL SUPPORT FRAMING
INSTALLED PER MANUF.'R'S REQ. AS AN
INTEGRAL PART OF THE METAL COMPOSITE
MATERIAL BUILDING SYSTEM.
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
SLOPED
EXTERIORINTERIOR
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
SLOPED
WEEP
HOLES
STUCCO
STUCCO
STUCCO
WEEP
HOLES4" min.4" min.2' - 0"
2' - 0"6" max.6" max.LINEAR LIGHTING
(TURTLE COMPLIANT)
LINEAR LIGHTING
(TURTLE COMPLIANT)
EYEBROW/ DECORATION:
METAL COMPOSITE MATERIAL BUILDING
PANELS (REYNOBOND 240 FR
MANUFACTURED BY ALCOA ARCHITECTURAL
PRODUCTS OR ACCEPTABLE EQUIVALENT)
ATTACHED TO METAL SUPPORT FRAMING
INSTALLED PER MANUF.'R'S REQ. AS AN
INTEGRAL PART OF THE METAL COMPOSITE
MATERIAL BUILDING SYSTEM.
DETAIL 1 DETAIL 2
GUESTROOM
CORRIDOR
2'-0" MAX.
CMU WALL
STUCCO
ALUMINIUM WINDOW WALL SYSTEM
EYEBROW/ DECORATION
C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt9/18/2019 4:10:15 PMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-2.02
09/05/2019
1 1/2" = 1'-0"A-2.02
1 EYEBROW/DECORATION SECTIONAL DETAILS
1/2" = 1'-0"A-2.02
2 TYPICAL CORRIDOR PLAN - EYEBROW/ DECORATION
A-2.02
3 AXONOMETRIC VIEW - FACADE DETAIL
1 : 27A-2.02
4 PERSPECTIVE VIEW - CORONADO DRIVE
Exhibit “E”
Special Conditions of Site Plan Approval
Pedestrian Bridge Construction Plans and Procedures
Exhibit “E”
Special Conditions of Site Plan Approval
Pedestrian Bridge Construction Plans and Procedures
Prior to permit, the Developer or Owner’s selected civil engineer will provide an MOT plan that
shall follow FDOT’s MOT Design Standards, Index 600’s and provide a detour map if a full
road closure is necessary. Prior to beginning construction, the selected general contractor will
apply for a ROW permit which will include a detailed MOT plan with dates and times of
roadway/sidewalk closures. The selected contractor will notify traffic engineering 48
hours prior to the actual closure. At minimum, the Contractor will provide a flagman to
direct traffic when S. Gulfview is partially or fully closed.
Ongoing Maintenance Obligation
The pedestrian bridge shall be inspected on a regular basis, as provided for herein, to verify that
all user safety related elements are in serviceable condition and written yearly inspection reports
shall be submitted by the Developer to the City. The cost of all inspections and all inspection
reports shall be paid for by the Owner of the Bridge (which shall be the owner or developer of the
Property). All inspection reports shall be submitted to the City within the month of January, as
required. Such reports shall be prepared with the following standards:
I. User Safety. The bridge shall be inspected by a Florida licenses professional
engineer on a regular basis, a minimum of once every three years, to verify that all user safety
related elements are in serviceable condition. Areas to inspect include:
A. All guardrails, handrails, rub rails, toe plates; fencing, pickets and other features
intended for user safety should be checked to ensure they have not been structurally
compromised. There should be no sharp edges, burns, protrusions or other abnormalities
that could result in bodily injury to the user.
B. Deck surfaces should be kept free of foreign objects and inspected to verify that no
damage has occurred that might present a trip or slip hazard.
II. Structural Integrity. At least one inspection shall be performed no less than once every
three years by a Florida licensed professional engineer to ascertain the structural condition of the
bridge. This visual inspection should include:
A. General inspection for damage that might have been caused from impact. This
might include damage to the ends of the bridge from maintenance or other vehicles
or in the case of a bridge spanning a roadway, damage to the bottom of the underside or
bottom chords.
B. Welds between verticals, diagonals and chords should be inspected for any sign of
cracking.
C. Check for any significant corrosion or pitting metal surfaces. Trapped debris in the
joints of the structure could lead to crevice corrosion and should be kept clean.
D. Check abutments for any damage to include cracking of concrete scouring from water
flow, etc.
E. Check anchor bolts for possible damage and to verify they are secure. Inspect
bearing plates to verify they are functioning properly. Bearing plate bolt slots should be
13155829v1
kept free of debris for intended use as expansion joints for the bridge.
F. If the bridge contains spliced members, the bolts should be examined to verify no
damage exists, excessive corrosion has not occurred to the metal in way of the bolt
and they are secure.
III. Daily Maintenance
Pick up all trash/debris
Sweep bridge of all foreign material (i.e. sand, dirt, etc.,)
IV. Monthly Maintenance
Pressure washing of bridge surface
Removal of gum or other foreign materials that are stuck to the bridge surface.
V. The City shall have the right to remove the pedestrian bridge and its fixtures for a municipal
purpose as determined by the City, in its reasonable discretion and after an opportunity to be heard.
The municipal purpose can include, but is not limited to, maintaining, repairing, installing paved
surfaces within the right of way, utility infrastructure, and stormwater infrastructure which cannot
be completed with the pedestrian bridge in place. The bridge and its fixtures will be subject for
removal if the Bridge’s owner fails to submit safety and structural integrity reports to the City
within the specified time frame. The Bridge and its fixtures will also be subject of removal if the
Bridge’s owner fails to maintain the aesthetics of the exterior surfaces consistent with the plans
approved herein. In the event the bridge is removed under this provision, any easement for air
rights shall terminate upon removal.
VI. INDEMNIFICATION CLAUSE. Subject to Florida Statute 768.28, the Developer hereby
indemnifies and holds harmless the City, its successors and assigns, and its/their directors, officers,
employees, agents, stockholders, and affiliates, from and against any and all claims, demands,
costs and expenses, including attorney’s fees for injury, death, and damage brought in connection
with the construction, maintenance, or use of the Pedestrian Bridge by the general public at large;
provided, however, that such indemnification and hold harmless agreement shall not relieve of
any willful or wanton acts by the City or those under the authority or control of the City. Neither
Party will settle any claim or action without first obtaining the written consent of the other Party.
The Developer and the City expressly warrant and agree that this indemnification and hold
harmless agreement is only effective upon issuance of a Certificate of Occupancy for the project
described in the Second Amendment. Nothing contained herein is intended to serve as a waiver
by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth
in Section 768.28, Florida Statutes, or be construed as consent to be sued by third parties.
2015
ALL RIGHTS RESERVED
DO NOT COPY OR REPRODUCE
COPYRIGHT
2015
ALL RIGHTS RESERVED
DO NOT COPY OR REPRODUCE
COPYRIGHT
2015
ALL RIGHTS RESERVED
DO NOT COPY OR REPRODUCE
COPYRIGHT
1
435 S. Gulfview Blvd
Alanik Hotel
Request: The applicant requests a second amendment to the existing Hotel Density Agreement which
previously allocated 100 hotel density reserve units due to a major modification of the site plan (the
addition of real property and increase of density). While the design of the hotel remains generally the
same, the addition of adjacent property allows for the reorientation of the parking garage and increased
public space along S. Gulfview Blvd as the vehicular and pedestrian entrances are relocated to the rear of
the hotel along Coronado. The applicant is not requesting any additional units from the Hotel Density
Reserve and acknowledges there are no additional units available. The amendment is required to add
additional property to the site resulting in an increase of density.
Hotel Density Reserve Criteria (Beach by Design)
The site is an appropriate for the allocation of hotel rooms from the Hotel Density Reserve (Reserve) as it
was determined upon the initial approval of the HDA on August 20, 2015 (HDA2014-06004) that all such
criteria was met. Further, the City reviewed the revised design in its review of the First Amendment to
Development Agreement (HDA2015-06001) and subsequent site plan approval pursuant to FLD2015-
09036. The site plan approval was subsequently extended by state and local law and is effective through
October 12, 2020.
The request is in compliance with the standards for development agreements, is consistent with the
Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. This
proposed second amendment will be in effect for a period not to exceed ten years, meets the criteria for
the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
Provides for no change in the number of units (100 units) allocated from the Hotel Density
Reserve (previously approved as part of HDA2014-06004/Resolution No. 14-29 as amended by
HDA2015-06001, Resolution 15-19);
Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations
and perspectives;
The revised site plan includes a pedestrian bridge connecting the proposed Alanik with the
Property located across the street at 430 S. Gulfview Blvd. which shall be located on private property
but does require the City to grant the Developer an easement for air rights.
There are no other changes to the substantive provisions of the Agreement which were found in
compliance with the Code and Beach by Design on previous reviews. Specifically:
There is a maximum of 100 hotel rooms allocated to a resort located on less than 2.5
acres;
The Reserve is not being used to render nonconforming density conforming;
Accessory uses are within allowable FAR provisions;
There are no proposed attached dwellings;
The units are all available through a central reservation system for short term rentals;
There are not full kitchens;
Maximum building heights are resected;
There is a legally enforceable mandatory evacuation covenant required by the original
agreement and that requirement is not being modified;
Access to units is through an internal corridor;
2
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such hotel units
to overnight accommodation usage; and
Beach by Design Criteria
Density: The project will maintain an overnight accommodation density of 103 units per acre based on a
2.42 acre parcel. This includes 127 base density units (vested from a termination of non-conformity) plus
100 additional units requested from the Hotel Density Reserve via a Development Agreement and the
additional units from the added property. The total number of units proposed for overnight
accommodations is 248.
Height & Separation: The maximum base flood elevation on site is (VE) 15 feet; 14 feet plus flood
plane requirements depending on structure. The maximum allowable building height is 150 feet above
the base flood elevation. The proposed building height is 150 feet above the base flood elevation, to top
of roof, and 166 feet to top of roof top mechanical and stair towers screened by a parapet wall that
accentuates the curving nature of the building.
Additional density is allocated to the development either by transferred development rights, or
via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density
Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of
Mexico or on the west side of Coronado Drive;
An additional 100 units were allocated via the Hotel Density Reserve,
Separation: portions of any structures which exceed one hundred feet (100) ' are spaced at least one
hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100) '
within five hundred feet (500)'; or four (4) structures which exceed one hundred feet (100) ' within eight
hundred feet (800) ' so long as the elevations of all structures which exceed one hundred feet (100) ' when
such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south
vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building
envelope above one hundred feet (100)'; and
DESIGN RESPONSE:
The proposed structure falls within the above guideline in that no two structure over 100’ tall fall
within 500 feet of each other. Sheet A-0.22 shows the project site and building footprint. The tower
portion falls greater than 100 feet from a proposed project to the East side of Coronado and only the
Opal Sands falls within the 800’ separation limit. Additionally, the proposed structure, above 100’, is
aligned parallel to Coronado only to about 1/2 of its curved dimension north to south, bending into an
“L” shaped structure towards S. Gulfview Boulevard.
Floor plate: the floorplate of any portion of a building that exceeds forty five feet (45) ' in height is
limited as follows: a) between forty five feet (45) ' and one hundred feet (100)', the floorplate will be no
greater than 25,000 square feet except for parking structures open to the public; and b) between one
hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square
feet; and c) deviations to the above floorplate requirements may be approved provided the mass and
3
scale of the design creates a tiered effect and complies with the maximum building envelop allowance
above 45’ as described in section C. 1.4 below:
a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000
square feet
b. The floorplate above 100 feet is 18,245 SF. This exceeds the 10,000 square foot guideline
however,
c. The mass and scale of the design creates a stepped and tiered effect and the maximum
building envelope above 45 feet is 26% volumetrically; significantly below the 75% allowance
for buildings with units allocated from the Hotel Pool.
C. Design, Scale and Mass of Building: Buildings with a footprint of greater than 5000 square feet or a
single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2)
of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this
purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two
(2) lengths. The horizontal plan measurements relate to the footprint of the building.
DESIGN RESPONSE:
Given the massing of the building, the various stepping of volumes, carving of the volume on the first
floor, as well as the curved structure of the tower, no two building dimensions are equal in length
No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the
purpose of this standard, interrupted means an offset of greater than five feet (5’).
DESIGN RESPONSE: As demonstrated on the design drawings, each of the building facades will
provide offsets less than or equal to this requirement with a few exceptions. These few exceptions are
either curving planes, planes that are further setback from the property line or balcony lines. For the
purpose of this standard, interrupted means an offset of greater than five feet (5’). See design
drawings.
At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration.
For the purpose of this standard, an elevation is that portion of a building that is visible from a particular
point outside the parcel proposed for development.
DESIGN RESPONSE: As demonstrated in this application, where viewable from adjacent
properties and not covered by adjacent buildings, this design proposes large fields of glazing,
balconies, accent lines, wall textures and stepped articulation on all facades providing for greater
than 60% articulation on each of the facades.
No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five
feet (45’) will be occupied by a building. However, in those instances where an overnight
accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel
Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope
located above forty-five feet (45’) may be occupied by a building unless the property is located between
Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building.
4
DESIGN RESPONSE: As per the provided calculations the overall building mass between
45 feet and 150 feet constitutes 26% volumetrically of the theoretical maximum building
envelope, significantly below the 75% allowance for buildings with units allocated from the
Hotel Pool.
The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the
parcel proposed for development and (2) adjacent public spaces such as streets and parks.
DESIGN RESPONSE: The design proposes an “L” shaped tower that bends on a slight curve
opening away from S Gulfview and placing a terrace/pool deck fronting the ocean. The parking
podium and parking garage varying in height between 15 feet and 70 feet with louvers and
textured screening. Along Coronado Drive the building is set back 15 feet and also steps back the
requisite additional 15 feet at a height of 25 feet frontage on a curving line. Along S. Gulview
Drive most of the building consists of elevated pool deck. . On the west, Beach Walk, side, a 0
foot setback is proposed with retail at ground level, landscaping and public realm improvements.
Buildings may be designed for a vertical or horizontal mix of permitting uses.
DESIGN RESPONSE: The building will be designed to provide overnight accommodations with
typical accessory uses including conference space, restaurant, and other commercial areas.
D. Setbacks & Stepbacks:
Rights-of-way. The area between the building and the edge of the pavement as existing and planned
should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures
to the edge of the right-of-way should be: a) Fifteen feet (15)' along arterials, and b) Twelve feet (12)'
along local streets.
DESIGN RESPONSE: Proposed setbacks are fifteen feet (15') on 5th Street and 15 foot on Coronado
Drive. We are also proposing a 0’-0” setback along the western property line, along South Gulfview
and Beach Walk. There is considerable “Public Realm” in this area with Beach Walk and the
additional 35’ of open space of the former Gulfview Blvd Right of Way. The frontage is activated
with retail spaces, terraces and landscape improvements that are integrated into Beachwalk.
Side and Rear Setbacks
Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may
be required to comply with the City’s Fire Code.
DESIGN RESPONSE:
Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist
District of the Community Development Code unless otherwise prescribed in the applicable Character
District provisions contained in Section II., Future Land Use.
5
Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a
human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be
constructed in accordance with the following: Buildings constructed with a front setback of fifteen feet
(15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height
not more than twenty-five feet (25’).
DESIGN RESPONSE:
The design proposes a 15 foot setback along Coronado Drive and approximately 75.21% of the
building steps back the additional 15 feet at not more than 25’ of height. Additional deeper stepback
in a curved line is provided at the Porte cochere area. See sheets A-0.04 & A-0.05.
Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio
is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum
stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback
required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback
in addition to the minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
To achieve upper story facade variety and articulation, additional stepbacks may be required. To
avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the
neighboring buildings including those across rights-of-way.
DESIGN RESPONSE:
The proposed design does not mimic or mirror the existing buildings. The neighboring building across
Coronado Drive has its primary façade and commercial face along Coronado.
Required stepbacks shall span a minimum of 75% of the building frontage width.
DESIGN RESPONSE: The design provides the required stepback as evidenced on sheets A-0.04 &
A-0.05.
E. Street-Level Facades. The human scale and aesthetic appeal of street-level facades, and their
relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential
purposes which abut a public street or pedestrian access way, will be transparent. For the
purpose of this standard: a) street level facade means that portion of a building facade from
ground level to a height of twelve feet (12')
DESIGN RESPONSE:
6
This building is in the VE flood zone, so the building infill needs to be of a permeable nature. The
facades include significant amount of open decorative elements to screen the garage on 5th, and
along S. Gulfview as well as retail spaces along S. Gulfview Blvd. to provide a pedestrian-friendly
environment.
b) transparent means windows or doors that allow pedestrians to see into: the building, or landscaped or
hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the
edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped
courtyard
DESIGN RESPONSE: The building is stepped back from a minimum of 15 feet; thereby the street
level façade is 100% open, per the above definition b ii.
c) parking structures should utilize architectural details and design elements such a false recessed
windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking
garage abuts a public road or other public place, it will be designed such that the function of the building
is not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The vehicles are screened from view of pedestrians along S. Gulfview, 5th street and Coronado
Drive with architectural details or with overall landscape design.
2. Window coverings, and other opaque materials may cover no more than 10% of the area of any
street-level window in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be
displayed outside of a building, except as a permitted temporary use. This standard does not apply to
outdoor food service establishments.
DESIGN RESPONSE:
The Building entrance, on Coronado is defined with a porte cochere. which is the primary vehicular
entrance, and the extreme South of the site shall be defined by signage, landscaping, and other visual
cues
Awnings and other structures that offer pedestrians cover from the elements are
recommended. Awnings help define entryways and provide storefront identity to
both pedestrians and drivers.
DESIGN RESPONSE: The primary entrance is a combination of covered colonnade and Porte
Cochere structure. See design drawings.
Parking Areas. To create a well-defined and aesthetically appealing street boundary, all parking areas will
be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape
treatment of not less than three feet (3’) and not more than three and one-half feet (31/2’) in height. Surface
parking areas that are visible from public streets or other public places will be landscaped such that the
parking areas are defined more by their landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to
7
choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below.
Entrances to parking areas should be clearly marked in order to avoid confusion and minimize
automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers)
are recommended. When a parking garage abuts a public road or other public place, it will be designed
such that the function of the building is not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
Vehicles will be shielded on the east, west and South frontages, through the use of landscaping and
decorative elements. Entrances to parking areas will be clearly marked in order to avoid confusion
and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the
road (such as pavers) will be provided.
Signage
Signage is an important contributor to the overall character of a place. However,
few general rules apply to signage. Generally, signage should be creative,
unique, simple, and discrete. Blade signs, banners and sandwich boards should
not be discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the
building permit.
Sidewalks. Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All
sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of
thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees
include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island
date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk
of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on
centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor
dining and landscape material, provided that:
Movement of pedestrians along the sidewalk is not obstructed; and non-pedestrian improvements and
uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to
separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To
enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and shall be submitted for
approval at DRC application.
Street Furniture and Bicycle Racks. Street furniture, including benches and trash receptacles should be
liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk.
Bicycle racks should also be provided, especially near popular destinations, to promote transportation
alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the sidewalk.
DESIGN RESPONSE:
8 13155421v1
Street Benches and trash receptacles area proposed along Coronado Drive and Beachwalk and shall
be designed per code and submitted for approval at building permit. Also bike racks have been added
to the ground level plan.
Street Lighting. Street lighting should respond to the pedestrian-oriented nature of a tourist destination.
In this context, it should balance the functional with the attractive – providing adequate light to vehicular
traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting
is an attractive, single-globe fixture atop a cast-iron pole.
DESIGN RESPONSE: Street lighting shall be designed per code and submitted for approval at
building permit.
Fountains. Fountains provide attractive focal points to public spaces and add natural elements to urban
environments. They should be interesting, engaging and unique. While it is important not to overburden
architectural creativity regarding fountains, they should meet at least the following standards in order to be a
functional and attractive component of the public space: They should be supplemented with street furniture
such as benches and trash receptacles, and, They should have rims that are: (a) Tall enough to limit
unsupervised access by small children, and (b) Wide enough to permit seating. Fountains should be
encouraged in landscaped and hardscaped courtyards and plazas.
DESIGN RESPONSE: There are no fountains planned for the property, at this time.
L. Materials and Colors
Facades. Finish materials and building colors will reflect Florida or coastal vernacular themes. All
awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other
accents. Glass curtain walls are prohibited.
DESIGN RESPONSE: The proposed design complies with the Beach by Design guidelines and
proposes a palate of White or gray walls with accents of contrasting colors meeting the “Beach by
Design’ guidelines.
Sidewalks. Sidewalks will be constructed of: Pavers; Patterned, distressed, or special aggregate concrete;
or Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity of maintenance.
DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating finished
treatments as well as concrete.
Street Furniture. Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its surroundings.
DESIGN RESPONSE: All street furniture shall comply with this provision.
Color Palette. A recommended palette for building colors is presented on the following page.
DESIGN RESPONSE: The design incorporates colors from the BbD pallatte.
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Permit Status is completed.
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed.
655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 /
FLD2013-03011 / FLD2014-03007
BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015;
Permit Status is completed.
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is completed.
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is completed.
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013-11038 /
FLD2014-06019
site plan as related to HDA214-04002 approved as part of FLD2013-11038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015;
Permit Status is completed.
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013-02001 / FLS2013-02006
Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced
construction on the development within four (4) years from the effective date of
this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29-2016 and is Completed.
Total Rooms Allocated from Reserve 463
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001
FLD2012-03008 approved; time extension granted 10-10-2018: site plan expiration is 09-19-2020; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and
10001) which will transfer five hotel units to the site. The total proposed room
count has been updated to include these units. An amendment to the original
Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the
approved FLD application (noted to the left and given the case file number of
FLD2012-03008A).
443 East Shore Drive (Courtyard by Marriott) 1st
amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Site plan approved; see comments above for permitting and other information.
325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 109-25-2019: site plan
expiration is 08-25-2023; BCP not submitted as of 10-23-2019
353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; time extension granted 09-25-2019: site plan
expiration is 05-30-2020; BCP2019-040024 submitted 04-01-2019
405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 FLD2015-05016 approved; time extension granted 05-10-2019; site plan
expiration is 02-10-2022; BCP not submitted as of 10-23-2019
401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004
401 (421) South Gulfview Boulevard (Alanik) 1st
Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036
401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2015-06001A The amendment has gone to DRC on 08-01-2019 and is currently in review; The amendment to the FLD application has not been submitted.
40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; time extension granted 07-31-2017; site plan
expiration is 02-08-2021; BCP not submitted as of 10-23-2019.
40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A
The amendment includes a minor amendment to the hotel building essentially
lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District.
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; time extension granted 05-31-2019; site plan
expiration is 02-27-2022; BCP not submitted as of 10-23-2019
691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; time extension granted 02-09-2018; site plan
expiration is 10-22-2021; BCP not submitted as of 10-23-2019
715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 10-17-2019; site plan
expiration is 10-19-2022; BCP not submitted as of 10-23-2019
355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 /
APP2017-00001 BCP2019-040435 submitted 04-12-2019; status: in review
FLD2015-09036 approved; time extension granted 10-17-2019; site plan
expiration is 06-11-2021; BCP not submitted as of 10-23-2019
* The applicant changed the site plan amending the Dev. Agrmt. resulting in a
new site plan approval reqm't and Dev. Agrmt expiration dates.
HOTEL DENSITY RESERVE PROJECTS - APPROVED
HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED
N/A98117.001.953227
71 1.26 68
N/A32148.700.6599866
100
657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012
The original HDA (HDA2016-09001) expired and the 10 units were retunred to
the Reserve. The same applicant has resubmitted their application at this
address and is therefore listed twice in this sheet, once in this line item and
once under units returned to the reserve, below.
850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 2/7/2020 HDA2018-10002 BCP not submitted as of 04-15-0219
405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001
Total Rooms Allocated from Reserve 922
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
Total Rooms Pending Allocation 0
Total Rooms in Reserve 1,385
Total Rooms Allocated from Reserve 1,385
Total Rooms Pending Allocation 0
Total Remaining For Allocation 0
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025
FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-
2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status.
Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council
July 20 and August 3, 2017; removed from top two tables; does not count
towards rooms allocated.
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards
rooms allocated.
657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 FLD/FLS application not submitted as of 03-23-2018; does not count towards
rooms allocated.
10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002
withdrawn by applicant via email - 10-01-2018 (technically these units were
never allocated but are listed here since a case number was created)
Total Rooms Returned 129
HOTEL DENSITY RESERVE PROJECTS - PENDING
HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7115
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Authorize award of Invitation to Bid Number 56-19, Police Clothing and Equipment, to Galls,
LLC of Lexington, KY, for an annual not-to-exceed amount of $75,000 with option for two
one-year term extensions and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Police Department (CPD) is required to provide duty uniforms to approximately
375 sworn and non-sworn Police Department employees. On average, the Police Department
outfits approximately 50-60 new sworn and non-sworn employees every year.
CPD is continually replacing uniforms and equipment as a result of normal wear and/or
incidental damage. Approximately $50,000 to $60,000 annually is spent on providing/replacing
uniforms and associated equipment.
On August 26, 2019, an Invitation to Bid (ITB 56-19) was issued seeking proposals from
qualified vendors to provide new and replacement police uniforms, as well as the associated
equipment for CPD. The bid included manufacturer specifications, alteration requirements, as
well as embroidery and silkscreen requirements.
On October 10, 2019, the City received two responses. The City Purchasing Division and the
Police Department reviewed vendor responses and recommended the award to Galls, LLC for
duty uniforms and associated police equipment, including duty belts, holsters, handcuff cases,
and other duty belt related equipment, in an aggregate amount of $75,000 for the first year of
the agreement and for $75,000 for each one-year extension.
The award of blanket purchase orders to Galls, LLC, of Lexington, KY calls for an initial term of
one year, effective November 21, 2019 through November 20, 2020, with the option for two
one-year term extensions.
APPROPRIATION CODE AND AMOUNT:
Funding for the purchase of new and replacement uniforms, and the associated equipment, is
included within the Police Department’s 2019/2020 operating budget through the following:
Patrol - 0101131-0547100, PST/TRU - 0101153-0547100, School Crossing Guards -
0101140-0547100.
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7040
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Declare list of vehicles and equipment surplus to the needs of the City; authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa,
Florida, pursuant to City Code Section 2.622, Surplus Personal Property; and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Council previously approved the Vehicle Replacement List for fiscal year 2019/2020 on
October 3, 2019, authorizing the purchase of replacement vehicles. This agenda item is
requesting Council to declare surplus the vehicles and equipment detailed to be replaced per
this list and authorize disposal via auction at the Tampa Machinery Auction. Tampa Machinery
Auction holds a live auction monthly and accepts internet bids at the time of the live auction.
City Council authorization for surplus is required in accordance with Code Section 2.622,
when the sale of common bulk items is estimated to exceed $5,000. Proceeds from the
sales are credited to Garage Fund surplus vehicle revenue (566-364413).
APPROPRIATION CODE AND AMOUNT:
566-364413 - Surplus Vehicles
Page 1 City of Clearwater Printed on 11/18/2019
Dept Fund
Cost
Center
Old Unit
#Year Old Make Yrs
Mileage/
Hours
New
Year New Make
Customer Svc 010 9885 G3418 2008 Ford Ranger 12 67,900 2020 Nissan Frontier 4x2
Customer Svc 010 9885 G3419 2008 Ford Ranger 12 69,285 2020 Nissan Frontier 4x2
Eng/Traffic 010 1331 G3636 2010 Ford E350 W Altec Aerial Lift 10 90,642 2020 Ford Transit Versalift VanTel 29NE
Streets & SW 010 1341 G2302 2001 Intl 4700 5 CY Dump Crew Cab 19 98,500 2020 Intl MV607 Crew 12' Flat Bed Dump
Streets & SW 010 1341 G2312 2001 Intl 4700 5 CY Dump 19 74,200 2020 Intl MV607 12' Flat Bed Dump 4WD
Streets & SW 010 1341 G3374 2007 Ford F150 Reg Cab 13 81,688 2020 Ford F150 Crew Cab 4WD
Streets & SW 010 1341 G2123 1999 Crossley Trailer 21 2020 Big Tex Trailer 22PH-20+5 Deck Over Trailer
Stormwater 419 2090 G2172 1999 Intl 5YD Dump 21 87,200 2020 Intl MV607 5YD Dump 2WD
Stormwater 419 2090 G2204 1999 Intl 5YD Dump 21 51,700 2020 Intl MV607 5YD Dump 2WD
Stormwater 419 2090 G2303 2001 Intl 4700 Flatbed Dump 19 89,400 2020 Intl MV607 Flat Bed Dump 2WD
Stormwater 419 2090 G2310 2001 Intl 4700 Flatbed Dump 19 38,800 2020 Intl MV607 Godwin 12' Dump 2WDStormwater4192090G31972006Caterpillar 938G Payloader 14 6,277 2020 Caterpillar 938G Payloader w/bucket
Stormwater 419 2090 G3198 2006 Caterpillar 938G Payloader 14 3,399 2020 Caterpillar 938G Payloader w/ fork
Stormwater 419 2090 G3199 2006 Caterpillar 938G Payloader 14 7,152 2020 Caterpillar 938G Payloader w/ Rockland Grapple
Stormwater 419 1365 G3301 2007 Ford Ranger Truck 13 75,851 2020 Ford F150 Crew Cab 2WD
Gas 423 2068 3769 2011 Chevrolet Silverado 3500 SVC Body 80,023 2020 Ford F450 Reg Cab SVC 2WD w Lift
Gas 423 2068 3773 2011 Ford F450 Svc Body 81,121 2020 Ford F450 Reg Cab SVC 2WD w Lift
Gas 423 2173 3844 2012 Ford F350 Svc Body 87,049 2020 Ford F350 Reg Cab SVC Body-CNG
Bldg & Maint 565 6531 G2181 2000 Intl Truck with Altec Bucket 20 32,200 2020 Ford F550 4WD w/ Altec AT48M/P
Bldg & Maint 565 6531 G3322 2007 Ford F150 Reg Cab 13 90,318 2020 Ford F250 Ext Cab SVC 2WD-Liftgate
Bldg & Maint 565 6531 G3268 2006 Ford F150 Ext Cab 14 43,521 2020 Ford F250 Ext Cab SVC 2WD-Liftgate
Bldg & Maint 565 6531 G3440 2008 Ford F150 Reg Cab 12 55,300 2020 Ford Transit T350 DRW EL 148" High Roof
Fleet 566 6611 G1920 1998 Chevrolet Suburban 22 99,835 turn in no replacement
Fleet 566 6611 G2366 2001 Ame-Lincoln 7760 Sweeper 19 1,200 2020 Tennant M-M20 Scrubber/Sweeper
Fleet 566 6611 G2367 2001 Chevrolet Express Van 19 109,988 turn in no replacement
19/20 Replacement List
Dept Fund
Cost
Center
Old Unit
#Year Old Make Yrs
Mileage/
Hours
New
Year New Make
Parks 010 1372 G4276 2016 Polaris Ranger XP900 4 1,113 2020 Polaris Ranger XP900 Sunset Red
Parks 010 1372 G4277 2016 Polaris Ranger XP900 4 1,064 2020 Polaris Ranger XP900 Sunset Red
Parks 010 1372 G4278 2016 Polaris Ranger XP900 4 1,007 2020 Polaris Ranger XP900 Sunset Red
Parks 010 1804 G0527 1985 Crosley TW101 Trailer 35 2020 6 x 12 Utility Trailer w/mesh sides
Parks 010 1804 G1893 1997 Express Trailer 23 2020 LGS Pace 6 x 10 Enclosed Trailer
Parks 010 1804 G2646 2003 Chevrolet Silverado 2500HD 17 70,455 2020 Ford F250 Ext Cab 2WD
Parks 010 1804 G3124 2006 Chevrolet Silverado 2500HD SVC Body 14 61,121 2020 Ford F250 Ext Cab 2WD
Parks 010 1862 G3142 2006 Bobcat MT-52 Mini Track Loader 14 505 2020 Bobcat MT-85 Mini Track Loader
Parks 010 1862 G3443 2008 Ford Ranger Truck 12 68,638 2020 Ford F250 Ext Cab 4WD
Parks 010 1863 G3551 2008 Toro Z Master Z580 12 2,100 2020 Toro Groundsmaster 7200 72" Deck
Parks 010 1863 G3554 2008 Toro Z Master Z580 12 2,318 2020 Toro Groundsmaster 7200 72" Deck
Parks 010 1863 G3733 2010 Toro Groundsmaster 4000-D 10 3,425 2020 Toro Groundsmaster 4000-D
Parks 010 1863 G3823 2011 Toro Z Master Z580 9 1,911 2020 Toro Groundsmaster 7200 72" Deck
Parks 010 1864 G3552 2008 Toro Z Master Z580 12 1,118 2020 Toro Groundsmaster 7200 72" Deck
Parks 010 1864 G3555 2008 Toro Z Master Z580 12 1,660 2020 Toro Groundsmaster 7200 72" Deck
Parks 010 1872 G2482 2003 John Deere 5420 FEL-w/Clam Shell 17 1,860 2020 Bobcat T770 T4 Compact Track Ldr
Parks 010 1872 G2971 2005 Chevrolet Silverado 1500 15 40,279 2020 Ford F250 Ext Cab 4WD
Parks 010 1872 G3091 2005 Chevrolet 3500 SVC Body 15 73,781 2020 Ford F350 Reg Cab SVC Body 2WD
Parks 010 1860 G3130 2006 Chevrolet Silverado 1500 14 44,084 2020 Ford F250 Crew Cab 4WD
Parks 010 1872 G3270 2006 Chevrolet Silverado 1500 14 63,556 2020 Ford F250 Ext Cab 2WD
Parks 010 1874 G2876 2004 Ford F450 Truck w Aerial Lift 16 67,100 2020 Intl CV 4WD Altec AT41 Aerial
Parks 010 1874 G3485 2009 Intl 4300 Aerial w/Chipper Body 11 46,000 2020 Intl MV Altec LR760-E70- Chipper Body
Parks 010 1877 G2260 2001 Intl 4800 4WD Dump Truck 19 41,550 2020 Intl MV607 Crew Cab 4WD Dump
Parks 010 1877 G2825 2004 Sterling 5yd Dump 16 81,480 2020 Intl HV607 Reg Cab 6x4 12YD Dump
Parks 010 1877 G3089 2005 Bobcat Auger Drive 15 2020 Bobcat 30C Auger Drive Unit
Parks 010 1877 G3118 2006 Bobcat 30C Auger Drive 14 2020 Bobcat 30C Auger Drive Unit
Parks 010 1877 G3128 2006 Bobcat Trencher LT313 Attachment 14 2020 Bobcat Attachment LT313
Parks 010 1862 G3624 2009 Caterpillar 277C Track Loader 11 2,400 2020 Bobcat T770 T4 Compact Track Ldr
Parks 010 1874 G3626 2008 Bobcat MT-52 Mini Track Loader 12 1,437 2020 Bobcat MT-85 Mini Track Loader
Parks 010 1862 G4045 2014 John Deere 5085M Tractor 6 6,470 2020 John Deere 509M AG Tractor
Parks 010 1862 G4046 2014 John Deere 5085M Tractor 6 4,948 2020 John Deere 509M AG Tractor
Parks 010 1862 G4172 2015 Club Carry All 1500 4WD 5 2,800 2020 Club Carry All 4WD
Parks 010 1880 G3327 2007 Ford F150 Reg Cab Truck 13 58,316 2020 Ford F150 Reg Cab 2WD
Parks 010 1881 G2972 2005 Chevrolet Silverado 1500 15 71,830 2020 Ford F150 Reg Cab 2WD
Parks 010 1885 G3279 2006 Exmark Turf Tracer Walk-Behind 14 2020 Exmark Turf Tracer 36" Walk-Behind Mower
Parks 010 1885 G3559 2008 Toro Reelmaster 5510-D 12 4,020 2020 Toro Reelmaster 5510-D
Parks 010 1886 G3562 2008 Toro Reelmaster 5510-D 12 3,510 2020 Toro Reelmaster 5510-D
Parks 010 1889 G2666 2003 Toro Reelmaster 3300-D 17 3,325 2020 Toro Reelmaster 3100-D
Dept Fund
Cost
Center
Old Unit
#Year Old Make Yrs
Mileage/
Hours
New
Year New Make
Police 010 1121 G3564 2009 Toyota Prius 11 63,983 2020 Ford F150 Crew Cab 2WD
Police 010 1129 G3865 2012 Chevrolet Tahoe 8 86,107 2020 Chevrolet Tahoe2WD Black
Police 010 1131 G3339 2007 Ford Crown Vic 13 101,301 2020 Ford Interceptor Blue-Hybrid
Police 010 1131 G3583 2009 Ford Crown Vic 11 83,985 2020 Ford Interceptor White-Hybrid
Police 010 1131 G3662 2010 Ford Crown Vic 10 81,351 2020 Ford Interceptor Silver Metallic
Police 010 1131 G3668 2010 Ford Crown Vic 10 82,656 2020 Ford Interceptor White
Police 010 1131 G3670 2010 Ford Crown Vic 10 88,444 2020 Ford Interceptor Smoke Stone
Police 010 1131 G3713 2010 Star Car Deluxe Bubble 10 306 2020 Club Carry All 4WD
Police 010 1131 G3757 2011 Ford Crown Vic 9 86,751 2020 Ford Interceptor White
Police 010 1131 G3798 2011 Ford Crown Vic 9 76,783 2020 Ford Interceptor White
Police 010 1131 G3801 2011 Ford Crown Vic 9 88,518 2020 Ford Interceptor White
Police 010 1131 G3802 2011 Ford Crown Vic 9 86,517 2020 Ford Interceptor White
Police 010 1131 G3817 2011 Club Carry All 295 4WD 9 817 2020 Ford Interceptor White
Police 010 1131 G3932 2013 Chevrolet Tahoe 7 91,715 2020 Chevrolet Tahoe 2WD-White
Police 010 1131 G3933 2013 Chevrolet Tahoe 7 88,171 2020 Chevrolet Tahoe 4WD- White
Police 010 1131 G3935 2013 Chevrolet Tahoe 4WD 7 76,525 2020 Chevrolet Tahoe 4WD- White
Police 010 1131 G3943 2013 Chevrolet Caprice 7 58,671 2020 Ford Interceptor White
Police 010 1131 G3947 2013 Chevrolet Caprice 7 58,112 2020 Ford Interceptor White
Police 010 1131 G3946 2013 Chevrolet Caprice 7 66,469 2020 Ford Interceptor White
Police 010 1131 G3954 2013 Chevrolet Silverado 7 93,263 2020 Nissan Frontier Ext Cab 2WD
Police 010 1131 G3999 2013 Club Carry All 295 4WD 7 641 no replacement see G3817
Police 010 1131 G4024 2014 Chevrolet Tahoe 6 89,786 2020 Chevrolet Tahoe 4WD- White
Police 010 1131 G4025 2014 Chevrolet Tahoe 6 86,481 2020 Chevrolet Tahoe 2WD-White
Police 010 1131 G4114 2015 Polaris Ranger 570 5 1,884 2020 Polaris Ranger 570
Police 010 1131 G4115 2015 Polaris Ranger 570 5 1,060 2020 Polaris Ranger 570
Police 010 1131 G4131 2014 Chevrolet Caprice 6 46,248 2020 Ford Interceptor White
Police 010 1151 G3066 2005 Ford F150 Extended Cab 15 57,868 2020 Ford Explorer Admin-
Police 010 1151 G3146 2006 Chevrolet Colorado 14 34,906 2020 Nissan Frontier Ext Cab 2WD
Police 010 1151 G3461 2008 Ford F150 Extended Cab 12 86,186 2020 Ford F150 XLT Ext Cab 2WD Black/Silver
Police 010 1151 G3578 2009 Ford F150 Extended Cab 11 87,789 2020 Ford F150 Ext Cab 2WD White
Pub Utilities 421 1346 G0421 1985 Butler Trailer 35 2020 JLG 7616 Power Deck Trailer
Pub Utilities 421 1346 G2192 1999 Target concrete saw New saw will not have a G# it will be a fixed
Pub Utilities 421 1346 G2858 2004 Smalline 4" Double Diaphragm pump 16 695 2020 Smalline 4" Double Diaphragm pump
Dept Fund
Cost
Center
Old Unit
#Year Old Make Yrs
Mileage/
Hours
New
Year New Make
Pub Utilities 421 1346 G3182 2006 Ingersoll Rand Air Compressor 14 183 turn in no replacement
Pub Utilities 421 1346 G3594 2008 Ingersoll Rand Air Compressor 12 202 turn in no replacement
Pub Utilities 421 1346 G3788 2011 Ford E450 QTV Cargo Van 9 60,239 2020 Ford F550 Cues Truck
Pub Utilities 421 1346 G3835 2012 Wacker Neuson BS 60-4S Compactor/Rammer 8 2020 Wacker Neuson BS 60-4S Compactor/Rammer
Pub Utilities 421 1346 G3836 2012 Wacker Neuson BS 60-4S Compactor/Rammer 8 2020 Wacker Neuson BS 60-4S Compactor/Rammer
Pub Utilities 421 1346 G3837 2012 Wacker Neuson BS 60-4S Compactor/Rammer 8 2020 Wacker Neuson BS 60-4S Compactor/Rammer
Pub Utilities 421 1346 G3856 2012 Wacker Neuson 1550 Plate Compactor 8 2020 Wacker Neuson 1550 AW Plate Compactor
Pub Utilities 421 1346 G3913 2013 Ford F150 2WD 7 93,323 2020 Ford F150 Ext Cab 2WD
Pub Utilities 421 1346 G3921 2013 Ford F150 2WD 7 86,516 2020 Ford F150 Ext Cab 2WD
Pub Utilities 421 1346 G3924 2012 Case 580 Super N 4WD Backhoe 8 795 2020 Case 590N Super Backhow 4x4
Pub Utilities 421 1347 G2581 1999 MQ POWER PORTABLE GENERATOR 21 3,443 2020 Generac 100KW MDG100DG Generator
Pub Utilities 421 1347 G2582 1999 MQ POWER PORTABLE GENERATOR 21 4,740 2020 Generac 100KW MDG100DG Generator
Pub Utilities 421 1347 G2583 1999 MQ POWER PORTABLE GENERATOR 21 934 2020 Generac 100KW MDG100DG Generator
Pub Utilities 421 1347 G2584 1999 Caterpillar XQ125 Portable Generator 120KW 21 3,415 2020 Generac 120KW MDG150DF4 Generator
Pub Utilities 421 1347 G2585 1999 Caterpillar XQ125 Portable Generator 120KW 21 2,873 2020 Generac 120KW MDG150DF4 Generator
Pub Utilities 421 1347 G3596 2009 Ford F250SD 11 81,610 2020 Ford F250 Reg Cab SVC Body 4WD
Pub Utilities 421 1354 G3364 2007 Manitou M30-2 Forklift 13 1,600 2020 CAT DP40NM 4.0 Ton Forklift
Pub Utilities 421 1355 G2691 2003 Case 586G Forklift 17 2,146 2020 CAT DP40NM 4.0 Ton Forklift
Pub Utilities 421 1356 G3183 2006 Caterpillar P6000-D Forklift 14 1,022 2020 CAT DP35NM 3.5 Ton Forklift
Pub Utilities 421 2051 G2427 2001 Bobcat 328D Mini Excavator 19 3,700 2020 Bobcat E42 Compact Excavator
Pub Utilities 421 2051 G2692 2003 Caterpillar 416D Backhoe 17 1,349 2020 CAT 416F Backhoe 4x4
Pub Utilities 421 2051 G2782 2003 Vac-Tron Trailer Mounted Vac 17 900 2020 Vac-Tron MC873SDT Trailer Mounted Vac
Pub Utilities 421 2054 G3527 2007 Bobcat 328G Mini Excavator 13 1,928 2020 Bobcat E35 Mini Excavator w/ Ext Arm
Solid Waste 424 2082 G3520 2008 Broyhill Load N Pack 12 6,085 2020 Broyhill Load n Pack
Solid Waste 424 2082 G3692 2010 Petebilt Side Loader 10 73,671 2020 Autocar ACX ASL
Solid Waste 424 2082 G3693 2010 Petebilt Side Loader 10 78,825 2020 Autocar ACX ASL
Solid Waste 424 2082 G3695 2010 Petebilt Side Loader 10 78,160 2020 Autocar ACX ASL
Solid Waste 424 2082 G3696 2010 Petebilt Side Loader 10 70,765 2020 Autocar ACX ASL
Solid Waste 424 2083 G3503 2008 Ford F150 Reg Cab 12 82,441 2020 Ford F150 Crew 2WD-CNG
Solid Waste 424 2084 G3517 2004 Caterpillar P5000-D Forklift 16 1,042 2020 Caterpillar P5000-D Forklift
Solid Waste 424 2084 G3691 2010 Ford F150 Reg Cab 10 74,154 2020 Ford F150 Crew 2WD-CNG-Liftgate
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7068
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Request for authority to settle case of City of Clearwater v. Avanthony, LLC, Case No.
18-8490-CI. (consent)
SUMMARY:
On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in
municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against
Avanthony, LLC owner of the property located at 1247 Pierce Street.
Since that time, the property has been brought into full compliance with the City’s codes. The
owner has agreed to pay $10,000.00 and agreed that if the property falls out of compliance with
the City’s codes then City would be entitled to an immediate foreclosure judgment in the full
amount of the lien.
Authority is being sought to settle this case for $10,000.00 along with the property owner’s
promise to keep the property in full compliance as detailed above, in exchange for which the
City will release the lien and dismiss the lawsuit.
APPROPRIATION CODE AND AMOUNT:
Revenues received from this settlement will be credited to the Lien Foreclosure Program
181-354102-M1913, Code Enforcement Fines.
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7090
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Request for authority to institute a civil action on behalf of the City against Bayonet Plumbing,
Heating and Air-Conditioning, LLC to recover $1,439.19 for damages to city property. (consent)
SUMMARY:
On September 24, 2016, an employee of Bayonet Plumbing, Heating & Air-Conditioning, LLC
hit a 2-in. gas main line with a mini excavator while working on a sewer line at 19610 Post
Island Loop, Land O’ Lakes, FL. Repairs to the gas line cost $1,439.19
Demand letters have been sent to Bayonet Plumbing, Heating & Air-Conditioning, LLC but no
response has been received.
Costs relative to this action will include a $175 filing fee, and fees for service of process of
approximately $60.
APPROPRIATION CODE AND AMOUNT:
59007590-545900 (Insurance Claims- Liability)
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9350-19 2nd rdg
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9350-19 on second reading, amending the Clearwater Code of Ordinances,
Section 2.082, changing the composition of the Airpark Advisory Board to allow ex-officio
members.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
Ordinance No. 9350-19
ORDINANCE NO. 9350-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 2.082, CLEARWATER CODE OF
ORDINANCES, CHANGING THE COMPOSITION OF THE
AIRPARK ADVISORY BOARD TO ALLOW EX-OFFICIO
MEMBERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Airpark Advisory Board advises the City Council on matters related
to the airpark; and
WHEREAS, technical expertise may be needed in order to address
recommendations related to the operation and maintenance of the airpark, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.082, Clearwater Code of Ordinances, is hereby amended
as follows:
Section 2.082 – Composition
The airpark advisory board shall consist of five members, at least one of which
shall represent a neighborhood in the immediate vicinity and/or impacted by the flight
patterns and approaches. Others may be appointed in ex officio capacity in order to
obtain technical expertise unavailable locally.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________________________________
Michael Fuino Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7129
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
City Hall Site Selection
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
1 | P a g e
City Hall Site Selection Criteria
• Implementation of Downtown Plan - 4 points
o Visibility & Civic Prominence
o Location
o Compatibility with surrounding uses/Scale and Fit with Character District Vision
o Economic Development Catalyst Potential (anchor to attract future development)
o Transportation Access (vehicular, pedestrian, transit, trail connection)
o Proximity to other City Services/Facilities
(Considerations – high/low visibility, compatible/not compatible with surrounding
uses, likely to /not likely to spur redevelopment of surrounding sites; frees up other
institutional land for redevelopment; good transportation access for pedestrian, bikes,
transit and vehicles/limited access; close to other city facilities)
• Real Estate - 3 points
o Ownership
o Available for Acquisition if Not City Owned
o Potential for Partnership/Joint Tenancy and/or Public/Private Partnership
o Eligible for CRA Incentives/Opportunity Zone
o Construction Ready/Requires Demolition
(Considerations – City/CRA owned; willing/unwilling sellers; high potential/low
potential for public/private partnership; in/out of Opportunity Zone; construction
ready/requires demolition)
• Site Characteristics - 2 points
o Parcel Size and Configuration
o Parking for facility (on-site or off-site or combination)
o Site Conditions - topography, views, environmental contamination, existing trees,
etc.
o Infrastructure –adequate utilities availability, stormwater, traffic impacts on
surrounding roadways
o Sustainability (opportunities for sustainable infrastructure, etc.)
(Considerations – large/small site; good/awkward parcel configuration; good/poor site
conditions; adequate infrastructure; negative impact on surrounding roadways;
opportunity for sustainable infrastructure)
2 | P a g e
• Cost - 1 point
o Land Acquisition
o Construction Cost (renovation/new construction)
o Site Preparation
o Operational Efficiency
o Operating Cost/Ongoing Costs
(Considerations – City/CRA owned/not owned - low costs vs. high costs for
acquisition; can/cannot accommodate City Hall and MSB operations; requires
renovation/new construction;
9
8
7
7
5
6 2
3
14
DREW ST
PARKST
COURT ST GULF-TO
-BAY
BLVD
CLEVELAND ST
CHESTNUT STSFORTHARRISONAVE SMYRTLEAVESMISSOURIAVES BETTY LNSGARDENAVENMYRTLEAVEPIERCE STNGARDENAVENFORTHARRISONAVENMISSOURIAVEN BETTY LNPARK
ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
FNot to Scale
Potential City Hall Sites
Date Exported: 11/14/2019 4:13 PMPrepared by: City of Clearwater Planning and Development Department N BETTY LNPARK ST
PIERCE ST
FRANKLIN ST
S PROSPECT AVEGOULD STPINELLAS TRAILHENDRICKS ST
COURT ST
LAURA ST
Site
Number
on Map Site Location Ownership Acreage
Downtown
Character District Allowable FAR
Allowable
Height
1
Court Street & Gulf to
Bay Boulevard Idatix Corporation 1.641 Downtown
Gateway 1.5 N/A - Existing
Building
2
NW Corner Cleveland
Street & Betty Lane CRA 2.244 Downtown
Gateway 1.5 55'
3
West Side Missouri
Avenue, North of Gould
Street
Crum Properties II LLC 4.062 Prospect Lake 1.5 75'
4
Court Street & Chestnut
Street Triangle
Court Asset Mgmt LLC & City of
Clearwater 1.721 Prospect Lake 1.5 75'
5
East Side Myrtle Avenue
between Park & Pierce
Streets
Zano Team 5 LLC & City of
Clearwater 2.597 Prospect Lake 2.5 75'
6
NE Corner Myrtle
Avenue & Cleveland
Street
Downtown Clearwater
Development LLC 2.108 Prospect Lake 2.5 75'
7
West Side Myrtle Avenue
between Pierce & Court
Streets
City of Clearwater 3.042 Downtown Core 4 Unlimited
8
SW Corner Drew Street &
East Avenue Mrytle Development LLC 1.107 Downtown Core 4 Unlimited
POTENTIAL CITY HALL SITES
9
East Side Ft. Harrison
Avenue between Park &
Pierce Streets
Pinellas County & PSTA 2.057 Downtown Core 4 Unlimited
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7154
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Provide update on the status of matters relating to the redevelopment of Coachman Park
(Imagine Clearwater).
SUMMARY:
This update will include status of City Hall site analysis. Topics to be discussed: status of 30%
plans, public engagement dates and locations, status of HRA study and next steps for
issuance of an RFQ, and update on consideration of renaming waterfront area to “Coachman
Commons.”
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
|1CITY OF CLEARWATER
Second
Century
Clearwater
•City Hall Site Evaluation
•30%Plans Review
•Public Engagement Dates
and Locations
•HRA Market Scan and
Development Scenarios
•HRA RFP/Q Phase
•Coachman Park Renaming
11-18-2019
|2CITY OF CLEARWATER
City Hall
Site Selection
•Gina L. Clayton
•Planning & Development Director
|3CITY OF CLEARWATER
•Implementation of
Downtown Plan -4 points
o Visibility & Civic Prominence
o Location
o Compatibility With Surrounding
Uses/Scale & Fit With Character District Vision
o Economic Development Catalyst Potential
(anchor to attract future development)
o Transportation Access (vehicular, pedestrian,
transit, trail connection)
o Proximity To Other City Services/Facilities
|4CITY OF CLEARWATER
•Real Estate -3 points
o Ownership
o Available for Acquisition if Not City Owned
o Potential for Partnership/Joint Tenancy and/or
Public/Private Partnership
o Eligible for CRA Incentives/Opportunity Zone
o Construction Ready/Requires Demolition
|5CITY OF CLEARWATER
•Site Characteristics -2 points
o Parcel Size and Configuration
o Parking for facility
o Site Conditions -topography, views,
environmental contamination, existing
trees, etc.
o Infrastructure –adequate utilities
availability, stormwater, traffic impacts
on surrounding roadways
o Sustainability (opportunities for
sustainable infrastructure, etc.)
|6CITY OF CLEARWATER
•Cost -1 point
o Land Acquisition
o Construction Cost
(renovation/new
construction)
o Site Preparation
o Operational Efficiency
o Operating Cost/Ongoing
Costs
|7CITY OF CLEARWATER
|8CITY OF CLEARWATER
Status of 30% Plan Submittal
•Engineering Update: Catherine
Corcoran/Tim Kurtz
|9CITY OF CLEARWATER
Public Engagement Dates and Locations:
December 3:6 to 8 PM Main Library
December 4:6 to 8 PM Countryside Library
December 10: 6 to 8 PM North Greenwood
Recreation Center
December 7:10 AM to 1 PM Countryside Mall
|10CITY OF CLEARWATER
HRA Study Deliverable:
•Market Scan and Development
Scenarios
•Next step:RFP/Q
|11CITY OF CLEARWATER
Coachman Park Renaming
Parks Board hearing resulted in concerns
about lack of public engagement/outreach on
the concept of a name change. We will seek
feedback from the community at upcoming
30% phase meetings in December.
We plan to provide an updated presentation
to the Parks Board for their consideration in
January. We will provide Council with
summary feedback in February.
|12CITY OF CLEARWATER
Second
Century
Clearwater
11-18-2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7127
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Identify Site for Downtown Parking Garage - Councilmember Polglaze
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7132
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.2
SUBJECT/RECOMMENDATION:
Fence Code Amendment - Councilmember Polglaze
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
COMPARATIVE ANALYSIS FOR CORNER LOTS
PRIMARY STREET SECONDARY STREET PRIMARY STREET SECONDARY STREET SIDE
CLEARWATER From which the property is
addressed
Street from which the property is
NOT addressed is a side street
Max 4' in LMDR District. Up
to 6' in other residential areas if open fence design &
architecturally compatible with principal structure &
surrounding properties
Max 4'
Max 6' if side of property adjacent to arterial or collector OR
fence is consistent with character & placement of any
structures and setbacks on the adjoining properties, including
placement of fence on property line
ST. PETERSBURG Properties with Front Yards on
major streets, except
Neighborhood Collectors
Properties with Front Yard on all
other streets
Max 4' for fence.
Max 5' for hedge setback 5'
Max 6' for decorative fence/ wall if landscaped & more than
150 lineal ft street frontage
Max 4'
Max 5' for a hedge setback 5'
Max 6' for fence/ wall in certain locations
DUNEDIN Does not Explicitly Mention Does not Explicitly Mention Max 4'Max 4'.
Staff is developing flexibility provisions to allow up to 6' based
on driveway & building orientation
LARGO A lot width frontage on two
intersecting streets will be
considered to have two (2) front
yards
Max 4'Max 4'
HILLSBOROUGH
COUNTY
Front is the side of the property
from which it is addressed
Other side of the property facing
street shall be considered a side.
Max 4'Max 4'
ST. PETE BEACH The frontage with the narrower
width, except in Pass-a-Grille,
where the primary street is the
lot's addressed street.
The frontage with the greater
width, except in Pass-a-Grille,
where the secondary street is the
lot's un-addressed street.
Max 4'Max 4'
PINELLAS PARK A front yard shall be maintained
on one (1) street frontage
A secondary front yard on the
intersecting street frontage
Max 4'Max 6'
TARPON SPRINGS Front yard is determined by
location of the entrance to
principal structure & the primary
orientation of the structure. Front
yard is most often facing the
narrowest width of lot.
Max 4'Max 6'
PINELLAS
COUNTY
Front is the side of the property
from which it is addressed and
the principal entrance to the
building or the narrower of the
two frontages
Other side of the property facing
street shall be considered a "front
side" but with a fence height of a
"side"
Max 3' - any style
Max 4' for decorative fence/wall
Additional decorative toppers allowed provided fence does
not exceed 5'
Max 6'
Max 8' if along secondary arterial & collector
HEIGHT OF THE FENCE
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7138
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.3
SUBJECT/RECOMMENDATION:
Kratom Use in Clearwater - Councilmember Hamilton
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7067
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.1
SUBJECT/RECOMMENDATION:
November Service Awards
SUMMARY:
5 Years of Service
John Guzzi Marine & Aviation
Norman Runkles Police
Jason Cantrell Planning and Development Services
Hayley Hollinger Library
Deborah Svitak Office of Management & Budget
10 Years of Service
Dana Root Planning and Development Services
15 Years of Service
Adriana Topel Library
Patricia Stephen-Zitouni Official Records and Legislative Services
James Reilly Police
Natalia Illich-Hailey Police
Debra Furlin Library
Charles Scrivens Parks and Recreations
Gretchen Fowler Police
20 Years of Service
Elliot Shoberg Engineering
Donald Packer Gas
Gina Clayton Planning and Development Services
Sandra Clayton Parks and Recreation
Harold Sanders Solid Waste
William Stringfellow Engineering/Parking
25 Years of Service
Brian Ravins Finance
David Stoner Jr.Library
Page 1 City of Clearwater Printed on 11/18/2019
File Number: ID#19-7067
October Employee of the Month - Adon Chavis
Page 2 City of Clearwater Printed on 11/18/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6633
Agenda Date: 11/18/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.2
SUBJECT/RECOMMENDATION:
Citizens Academy 2019 Graduation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/18/2019