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01/16/2020Thursday, January 16, 2020 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda January 16, 2020City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 January Service Awards 5. Approval of Minutes 5.1 Approve the December 19, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 1/13/2020 January 16, 2020City Council Meeting Agenda 7.1 Approve a recommendation by the Public Art and Design Board for a grant of $9,000 to the Clearwater Arts Alliance for their proposal of Phase 5 of Thinking Outside the Box traffic signal box wrap program to be funded from the Miscellaneous Public Art Fund (A1901) and authorize the appropriate officials to execute same. (consent) 7.2 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2020 through April 30, 2020, with the City contributing a lump sum not to exceed $93,415 and authorize the appropriate officials to execute same. (consent) 7.3 Authorize an amendment to the original agreement with HR and A Advisors, of New York, NY, in an amount not to exceed $19,500, for the development of a Request for Proposal (RFP) document and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2020 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $29.00 per hour, for a total estimated cost of $25,000, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Tourism Promotion Agreement between the City of Clearwater and Pinellas County for and on behalf of Visit St. Petersburg/Clearwater (VSPC) for Clearwater Sea Blues Festival to be held on February 22 and 23, 2020 and authorize the appropriate officials to execute same. (consent) 7.6 Reappoint Jeffrey DiVincent to the Board of Trustees Clearwater Police Supplementary Pension Plan with a term to expire January 31, 2024. (consent) 7.7 Authorize a sole source award to Evoqua Water Technologies, of Pittsburgh, PA for Odophos and PRI-SC (hydrogen peroxide), in an annual amount not to exceed $200,000.00 for the initial contract period of February 1, 2020 through January 31, 2021, with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to Odyssey Manufacturing of Tampa, FL for Liquid Sodium Hypochlorite in the annual not-to exceed amount of $485,000 for the period of January 17, 2020 through January 16, 2021 with two one-year renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.9 Appoint Pamela Benton to the Sister Cities Advisory Board, as the School Board’s World Language Coordinator, with a term to expire January 31, 2024. (consent) Page 3 City of Clearwater Printed on 1/13/2020 January 16, 2020City Council Meeting Agenda 7.10 Reappoint Leanne Grayston to the Nuisance Abatement Board with term to expire January 31, 2024. (consent) 7.11 Request for authority to institute a civil action against the heirs, descendants, assigns, or other interested parties of the Belair Bayou, Inc. corporation to secure the necessary interest in certain lands in the area of the Seminole boat ramp to complete the dock segment of the project. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Declare surplus certain real property located in Section 17, Township 29 South, Range 16 East (city-owned David Avenue property) for the purpose of exchanging the David Avenue property for certain property owned by Creative Contractors, Inc. at Drew Street and North Garden Ave.; approve the related Contract for Exchange of Real Property between Creative Contractors, Inc. and the City of Clearwater and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. (APH) 8.2 Approve a Future Land Use Map amendment from the Institutional (I) category to the Residential/Office General (R/OG) category for 407 N. Belcher Road and pass Ordinance 9346-20 on first reading. (LUP2019-09003) 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. Page 4 City of Clearwater Printed on 1/13/2020 January 16, 2020City Council Meeting Agenda 9.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Office (O) District for 407 N. Belcher Road and pass Ordinance 9347-20 on first reading. (REZ2019-09002) 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9349-20 on second reading, approving amendments to the Community Development Code to adopt the International Property Maintenance Code with Certain Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe Buildings and Systems and Chapter 49, Housing Code, and expanding the powers of the Building/Flood Board of Adjustment and Appeals to hear violations and appeals related to the International Property Maintenance Code. 10.2 Adopt Ordinance 9352-20 on second reading, approving a request from Edgewater Valor Capital, LLC, to vacate a portion of a 5 foot-wide platted utility easement as recorded in Plat Book 31, Page 12 of the Public Records of Pinellas County, Florida, and a portion of a 10 food-wide plated alley, as recorded in Plat Book 4, Page 56 of the Public Records of Pinellas County, Florida. 11. City Manager Reports 11.1 Approve amendments to the Clearwater Code of Ordinances, Chapter 25 - Public Conveyances to define commercial megacycles and definitions to establish standards for commercial megacycles, to require a license for commercial megacycles to be operated in the city and to add penalties; approve amendments to the Clearwater Code of Ordinances, Chapter 6 - Alcoholic Beverages, to provide an exemption for megacycle passengers and pass Ordinance 9358-20 on first reading. 11.2 Accept a utility easement from 1250 Main L.L.C. for the construction, installation and maintenance of city utility facilities on real property located at 1712 Gulf to Bay Blvd. and adopt Resolution 20-02. 11.3 Accept a drainage and utility easement from Gulfview Lodging, LLP for the construction, installation and maintenance of certain drainage and utility facilities on real property located at 385 S. Gulfview Blvd. and adopt Resolution 20-03. 11.4 Accept a sidewalk easement from Habitat for Humanity of Pinellas County Inc., on real property located at 1121 South Street, and adopt Resolution 20-06. 12. City Attorney Reports Page 5 City of Clearwater Printed on 1/13/2020 January 16, 2020City Council Meeting Agenda 12. 1 Ratify the adoption of Resolution 19-34 authorizing the issuance of bonds to finance a portion of the costs of the Imagine Clearwater project in accordance with the Clearwater Code of Ordinances and pass Ordinance 9357-20 on first reading. 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7355 Agenda Date: 1/16/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: January Service Awards SUMMARY: 5 Years of Service Erin Marks Library Richard Phillips General Services Amber Brice Library Laura Del Valle Public Communications 10 Years of Service Lisa Hayes Engineering/Parking 15 Years of Service Alexander West Public Utilities Leonard Cox Public Utilities 35 Years of Service Michael Deegan Gas 40 Years of Service Torin McCray Solid Waste Page 1 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7367 Agenda Date: 1/16/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the December 19, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/13/2020 City Council Meeting Minutes December 19, 2019 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, December 19, 2019 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes December 19, 2019 Page 2 City of Clearwater Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze, Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Official Records & Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Mayor Cretekos 3. Pledge of Allegiance – Councilmember Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 December Service Awards The December 2019 Employee of the Month Award was presented to Kelly Calhoun, IT. 4.2 The Arc Tampa Bay Foundation’s Festival of Trees - Madison Orr Hauenstein, Executive Director; Kiersten Finchum, Event Co-Chair; Kim Kurey, Event Co-Chair Ms. Hauenstein thanked the Council, staff and the community for their continued support. 4.3 Recognition of Human Resources Director Jennifer Poirrier as a 2019 People First Honoree - Bill Horne, City Manager 4.4 2019 Citizen Satisfaction Survey - Joelle Castelli, Public Communications Director Public Communications Director Joelle Castelli provided a PowerPoint presentation. Draft City Council Meeting Minutes December 19, 2019 Page 3 City of Clearwater 5. Approval of Minutes 5.1 Approve the minutes of the December 5, 2019 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Polglaze moved to approve the minutes of the December 5, 2019 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Sarah Brown Caudell supported a hotel/convention center, retail, restaurants, and convenient parking for Downtown. She also supported a multi-cart tram to transport individuals to/from Coachman Park, the Marina and downtown business areas. She opposed the proposed pagoda concept in Imagine Clearwater and opposed selling or swapping city-owned bluff properties. She supported modifying Cleveland Street to allow parades. She opposed renaming Coachman Park. Bill Jonson suggested the Council direct the city manager to expand Moccasin Lake Park. He said he provided Council with comments regarding Imagine Clearwater via email. He thanked Council and staff for working with the Lake Bellevue community, which has responded very well. Kelly Kelly supported a citywide contest to rename Coachman Park. Kathleen Beckman thanked the City for hiring a sustainability coordinator. She said she was excited about the design of the park in Imagine Clearwater but see key elements missing, such as energy efficiencies and solar. While project prioritization includes economic value and social enjoyment, it should also include sustainability of the environment. She supported requiring LEED level standards in all RFPs. 7. Consent Agenda – Approved as submitted. 7.1 Award a contract for Gas Utility rate studies and other professional services for the five-year period ending December 31, 2024, to Raftelis Financial Consultants, Inc. (Raftelis) for a not-to-exceed amount of $184,000 and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes December 19, 2019 Page 4 City of Clearwater 7.2 Approve settlement of automobile bodily injury liability claim 18-00162 for payment of $95,000, inclusive of attorney fees and costs, for Zoe Applegate, with a general release of all claims and authorize the appropriate officials to execute same. (consent) 7.3 Authorize a sole source award for a renewal subscription to the ISO ClaimSearch for Non-Insurers Database, effective January 1, 2020 through December 31, 2020, for a not-to-exceed total of $15,000 for the annual membership fee and as-needed claim search fees, pursuant to Clearwater Code of Ordinances Section 2.564(1)(b) and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) 7.5 Authorize a purchase order to Angelo’s Recycled Materials of St. Petersburg, FL, for debris disposal (yard trash, Class III, and construction and demolition debris), in the not-to-exceed amount of $275,000 for the period of December 1, 2019 through September 30, 2021, with one additional two-year renewal term at an annual not-to-exceed amount of $150,000 at the City’s discretion, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.6 Authorize award of Invitation to Bid 03-20, Landscaping Maintenance Services, to Botanical Dimensions, Dean’s Environmental, Earth Designs, Gamco Properties, MMM Property Maintenance, and Valleycrest Landscape, for a nine month not-to-exceed amount of $500,000 for the period of January 1, 2020 through September 30, 2020, with the option for two one-year term extensions and authorize the appropriate officials to execute same. (consent) 7.7 Authorize award of Request for Proposal 31-19, Special Events Production Services, to American Mobile Staging of Schaumburg, IL and RCS Corporation of Clearwater, FL in an annual not to exceed amount of $100,000 with three one-year renewal options at the City's discretion and authorize the appropriate officials to execute same. (consent) 7.8 Approve a professional services agreement and design work order with Wannemacher Jenson Architects, Inc. (WJA) of St. Petersburg, FL for the design of Fire Station 46 (18-0028-FD) in the amount of $734,109 and authorize the appropriate officials to execute same. (consent) 7.9 Approve a proposal from Precision Sidewalk Safety Corporation of Ocala, Florida for Sidewalk Grinding (16-0016-EN) in the amount of $250,000.00 in accordance with Clearwater Code of Ordinances, Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes December 19, 2019 Page 5 City of Clearwater 7.10 Approve Request for Qualifications (RFQ) 52-19 agreement with Construction Manager at Risk (CMAR) Skanska USA Building, Inc., of Tampa, FL and Preconstruction Proposal, in the amount of $425,000, for Imagine Clearwater and authorize the appropriate officials to execute same. (consent) 7.11 Authorize award of Invitation to Bid 01-20, Code Inspection and Plan Review Services to Quorum Services of Tampa, FL, Joe Payne Inc., of Tampa, FL and NOVA Engineering and Environmental, LLC of Tampa, FL for an annual not-to-exceed amount of $500,000.00, effective January 1, 2020 through December 31, 2020, with the option for two one-year term extensions, and authorize the appropriate officials to execute same. (consent) 7.12 Authorize the piggyback of Florida State Contract 4323000-NASPO-16-ACS-SVAR, Software Value Added Reseller (SVAR) Services, to CDW-G, of Vernon Hills, IL, in the amount of $460,581, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests and authorize the appropriate officials to execute same. (consent) 7.13 Approve the Interlocal Agreement between Pinellas County and the Cities of Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, St. Petersburg, and Tarpon Springs for funding the Tampa Bay Estuary Program match of a Florida Department of Environmental Protection Grant to develop a social marketing campaign focused on reducing sanitary sewer overflows and authorize the appropriate officials to execute same. (consent) 7.14 Authorize the award of Invitation to Bid 12-20, Liquid Aluminum Sulfate, to Thatcher Chemical of Florida, Inc., in an annual not-to-exceed amount of $235,000, with the option for two one-year extensions at the City’s discretion and authorize the appropriate officials to execute same. (consent) Vice Mayor Cundiff moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Declare surplus, for the purpose of donation for development of affordable housing, two Draft City Council Meeting Minutes December 19, 2019 Page 6 City of Clearwater parcels of real property located at 1002 LaSalle Street and 1011 LaSalle Street; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc., and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) Properties located at 1002 LaSalle Street (Parcel A) and 1011 LaSalle Street (Parcel B together, the Properties) are currently vacant, and are each identified by Resolution #19-10 as city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #10-29-15-65718-004-0150 and #10-29-15-33498-000-0070 respectively). The City acquired Parcel A in 2015 and Parcel B in 2009. Both properties were initially acquired by local affordable housing developers with loans under the city’s affordable housing program. Failure to develop each property per loan terms resulted in loan default. The city acquired both properties in lieu of collecting the debt. The Properties are located within the North Greenwood Neighborhood Revitalization Strategy Area which is identified in the city’s Consolidated Plan. Each parcel is suitable for construction of a single-family home. Habitat for Humanity of Pinellas County is planning to construct a single-family home for sale to an income-qualifying household on each parcel. Parcel A is 7,500 square feet (0.17 acres) and is legally described as follows: Lot 15, Block D, Palm Park, according to the map or plat thereof, recorded in Plat Book 4, Page 86, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part. Parcel B is 12,055 square feet (0.28 acres) and is legally described as follows: GREENWOOD MANOR, South ½ of Lot 6 and all of Lot 7, according to the map or plat thereof as recorded in Plat Book 21, Page 65, of the Public Records of Pinellas County, Florida. A staff appraisal valued Parcel A at $15,366 and Parcel B at $30,741 on November 22, 2019. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing following a public hearing. Councilmember Hamilton moved to declare surplus, for the purpose of donation for development of affordable housing, two parcels of real property located at 1002 LaSalle Street and 1011 LaSalle Street; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc., and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes December 19, 2019 Page 7 City of Clearwater 8.2 Declare surplus, for the purpose of donation for development of affordable housing, real property located at 912 Nicholson Street, approve the Real Property Donation Agreement between the city and Emerge Community Economic Development Corporation, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) This property is currently vacant, and it is identified by Resolution 19-10 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #22-29-15-69138-002-0070). The property is suitable for construction of a single-family home. The City acquired the property in 2006 in a land exchange with Clearwater Neighborhood Housing Services. This property is located within the North Greenwood Revitalization Strategy Area which is identified in the City’s Consolidated Plan. Emerge Community Economic Development Corporation (Emerge) is a non-profit organization that aims to transform low-income neighborhoods into self-sufficient, vibrant communities through development of affordable housing. Emerge is planning to construct a single-family home for sale to a household whose total household income does not exceed one hundred twenty percent (120%) of Area Median Income. The Property is 0.17 acres (7,600 square feet) and is legally described as follows: Lot 7, Block 2, PINE CREST, together with that 1/2 of the vacated alley adjacent to the North, according to the map of plat thereof as recorded in Plat Book 1, Page 66, Public Records of Pinellas County, Florida. An independent appraisal was performed on the property on December 3, 2018 by Jim Millspaugh and Associates. The appraisal report determined that the fair market value of the lot is $26,000.00. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing following a public hearing. In response to a questions, Economic Development and Housing Assistant Director Chuck Lane said the City came into possession of the site through a land swap with a non-profit housing developer. Councilmember Allbritton moved to declare surplus, for the purpose of donation for development of affordable housing, real property located at 912 Nicholson Street, approve the Real Property Donation Agreement between the city and Emerge Community Economic Development Corporation, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes December 19, 2019 Page 8 City of Clearwater 8.3 Approve the City of Clearwater’s Fiscal Year 2018-2019 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2018-2019, the City’s entitlement allocation was $740,943 in CDBG and $383,146 in HOME program funds, $1,399,518 of Prior Year funds, $131,203 of Program Income and $1,152,452 in CDBG Revolving Loan funding for a total budget of $3,807,262 from federal funds. Through the CDBG and HOME program activities, total expenditures were $1,388,830 in FY 2018-2019, which included program income and funding from the prior year reprogrammed funds. Those funds not expended from this year’s budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2018-2019, SHIP fund expenditures totaled $692,617 and PCHTF fund expenditures totaled $241,663. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater’s FY 2018-2019 CAPER contains information on the City’s assessment of the following activities: - Assessment of Four-Year Goals and Outcomes - Resources and Investments - Affordable Housing - Homeless and Other Special Needs - Public Housing - Other Actions to Address Barriers to Affordable Housing - Monitoring - CDBG - HOME A list of notable accomplishments utilizing federal, state and local funds for FY 2018-2019 include: Draft City Council Meeting Minutes December 19, 2019 Page 9 City of Clearwater - Provided twelve (12) down payment & closing cost assistance loans totaling $239,725 - Provided $278,308 for the rehabilitation of eleven (11) owner-occupied units - Assisted Community Service Foundation with the lease-up of seven rental units - Provided $357,252 to Habitat for Humanity of Pinellas County for the acquisition of land and construction of three single-family homes - Completed construction and lease-up of Woodlawn Trail Apartments; an 80 -unit rental complex - Completed construction and lease-up of Madison Point Apartments; an 80 -unit rental complex - Provided $390,863 for five Public Facilities projects: Directions for Living, St. Vincent DePaul Community Kitchen and Resource Center, R’Club Child Care, Miracles Outreach Community Development Center and the Arc of Tampa Bay. - Provided Directions For Living $99,000 for the rehabilitation of their lobby and waiting area - Provided Homeless Empowerment Program $99,000 for the rehabilitation of Baty Villas, a permanent supportive housing facility - Provided $111,140 to assist 1,841 individuals through partnerships with seven public service providers: Intercultural Advocacy Institute, Pinellas Opportunity Council, Safety Harbor Neighborhood Family Center, Gulfcoast Legal Services, WestCare GulfCoast of Florida, Homeless Emergency Project and Religious Community Services. - Provided $55,000 for technical assistance services provided by the Hispanic Business Initiative Fund of Florida, Inc. and Tampa Bay Black Business Investment Corporation that assisted 219 entrepreneurs and businesses - Provided $10,622 to three organizations to provide homebuyer education to assist 153 Clearwater residents: Clearwater Neighborhood Housing Services, Tampa Bay Community Development Corporation, and Housing & Education Alliance Overall federal, state and local funding assisted 7,411 persons and 192 households. On December 10, 2019, the Neighborhood and Affordable Housing Advisory Board (NAHAB) recommended the City Council approve the CAPER as written. The CAPER is due to HUD no later than December 31, 2019. Economic Development and Housing Assistant Director Chuck Lane provided a PowerPoint presentation. One individual supported the City prioritizing affordable housing. She said 49% of Clearwater residents live in a household insecure state and $400 away from a housing crisis. Councilmember Hamilton moved to approve the City of Draft City Council Meeting Minutes December 19, 2019 Page 10 City of Clearwater Clearwater’s Fiscal Year 2018-2019 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 8.4 Approve the request from Edgewater Valor Capital LLC, (Applicant) to vacate a portion of a 5 foot-wide platted utility easement as recorded in Plat Book 31, Page 12 of the Public Records of Pinellas County, Florida, and a portion of a 10 foot-wide platted alley, as recorded in Plat Book 4, Page 56 of the Public Records of Pinellas County, Florida, and pass Ordinance 9352-20 on first reading. (VAC2020-01) The property owner of 1020 Sunset Point Rd., Clearwater (Applicant) has requested that the City vacate a portion of a 5-foot-wide platted Utility Easement and a portion of a 10-foot-wide platted alley on Applicant’s property. As a condition of vacation, the Applicant will grant a 10-foot-wide Utility Easement to the City. City stakeholders have reviewed the vacation request and the proposed location of the new Utility Easement being granted by the property owner and have no objection. All public and private utilities shall be relocated without interrupting service by the property owner at its own expense and to the approval and acceptance of the utility owners and with all out of service utilities removed prior to completion of the project. This vacation ordinance shall be rendered null and void and the vacations not effective if any of the preceding conditions are not met, or, if for any reason whatsoever, the Project is abandoned, terminated, or otherwise not constructed. In response to questions, Engineering Director Tara Kivett said the vacation was approved in 2004 under a development order for a similar project, but the development did not go through. The previous project proposed 62 units at a height of 59 feet above the base flood elevation. The current development is proposed to be larger. Applicant Representative Brian Aungst reviewed the request. All utilities have reviewed the request and have no objections. The alleyway and easement are contained on the property and do not impact anyone else. The CDB approved an application for flexibility to move the density away from the neighborhood and closer to Edgewater Drive, which allowed an increase in height on the resort facility high portion. On the residential medium portion, the height is 38 ft. above base flood elevation and on the resort facility high portion it is 86 ft. above base flood elevation. He said the previously approved vacation had a 10-ft. setback from the property line and 59 ft. in height. Draft City Council Meeting Minutes December 19, 2019 Page 11 City of Clearwater One individual spoke in opposition. A concern was expressed regarding having a hotel or a tourist designation in a residential neighborhood. Councilmember Allbritton moved to approve the request from Edgewater Valor Capital LLC, (Applicant) to vacate a portion of a 5 foot-wide platted utility easement as recorded in Plat Book 31, Page 12 of the Public Records of Pinellas County, Florida, and a portion of a 10 foot-wide platted alley, as recorded in Plat Book 4, Page 56 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried with the following vote: Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Nays: 1 - Mayor Cretekos Ordinance 9352-20 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9352-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Nays: 1 - Mayor Cretekos 8.5 Approve amendments to the Community Development Code to adopt the International Property Maintenance Code with Certain Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe Buildings and Systems and Chapter 49, Housing Code and expanding the powers of the Building/Flood Board of Adjustment and Appeals to hear violations and appeals related to the International Property Maintenance Code, and pass Ordinance 9349-20 on first reading. (TA2019-10005) The City enforces unsafe building and housing cases through two different provisions: Article VII, Chapter 47, which adopts the 1985 Standard Unsafe Building Abatement Code with certain amendments, and Chapter 49, which adopts the 1991 Standard Housing Code with certain amendments. These codes were published by an entity known as the Southern Building Code Congress International, Inc. (SBCCI). In 1998 the SBCCI participated in the first ever International Property Maintenance Code (IPMC) which compiled the standard unsafe building code and the standard housing code into one uniform code. Several editions of the IPMC have been published throughout the years, Draft City Council Meeting Minutes December 19, 2019 Page 12 City of Clearwater and the 2018 edition is the latest one. The City desires to amend its unsafe building and housing codes in three respects. First, the City’s proposed ordinance adopts the IPMC with several local amendments. Second, the City’s proposed ordinance expands the power of the Building/Flood Board of Adjustment and Appeals (the Flood Board or the Board). Under the new ordinance, the Flood Board now has the power to enter orders requiring repair of unsafe structures and to allow the City to enter onto the property to make the repairs on the owner’s behalf. Finally, the remaining amendments are technical in nature and remove certain references to the Standard Unsafe Building Abatement Code and the Standard Housing Code found in the Code. The Planning and Development Department has determined that the proposed text amendments to the Code are consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Code as outlined in the staff report. The Community Development Board also reviewed the proposed amendment at its November 19, 2019 meeting and unanimously recommended approval. Vice Mayor Cundiff moved to approve amendments to the Community Development Code to adopt the International Property Maintenance Code with Certain Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe Buildings and Systems and Chapter 49, Housing Code and expanding the powers of the Building/Flood Board of Adjustment and Appeals to hear violations and appeals related to the International Property Maintenance Code. The motion was duly seconded and carried unanimously. Ordinance 9349-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9349-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9343-19 on second reading, annexing certain real property whose post office address is 1725 Owen Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Draft City Council Meeting Minutes December 19, 2019 Page 13 City of Clearwater Ordinance 9343-19 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9343-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.2 Adopt Ordinance 9344-19 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1725 Owen Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay. Ordinance 9344-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9344-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.3 Adopt Ordinance 9345-19 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address 1725 Owen Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9345-19 was presented and read by title only. Vice Mayor Cundiff moved to adopt Ordinance 9345-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.4 Adopt Ordinance 9351-19 on second reading, vacating a 20 foot wide alley described as all of the platted alley abutting Lots 6 and 7 of Block D, as described in the plat titled “McVeigh Subdivision,” as recorded in Plat Book 30 Page 83 of the Public Records of Pinellas County, Florida. Ordinance 9351-19 was presented and read by title only. Draft City Council Meeting Minutes December 19, 2019 Page 14 City of Clearwater Councilmember Hamilton moved to adopt Ordinance 9351-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.5 Adopt Ordinance 9353-19 on second reading, submitting to the city electors proposed amendments to the City Charter amending Section 2.01(d)(5) to increase the size of city owned real property that can be donated or sold for less than fair market value to five acres for the purpose of affordable housing and to allow for the donation of sale for less than market value uneconomic remainders to adjacent property owners. Ordinance 9353-19 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9353-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.6 Adopt Ordinance 9354-19 on second reading, submitting to the city electors amendments to the City Charter making non-substantive organizational amendments; deleting Section 2.01(d)(8) because it has expired; amending Section 2.06(c) to be consistent with state law; amending section 3.03(f) to require the City Manager to submit to the council a report on the state of the city every November. Ordinance 9354-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9354-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.7 Adopt Ordinance 9355-19 on second reading, submitting to the city electors amendments to the City Charter, amending Section 7.02 to require the City Council to appoint a Charter Review Committee at least every eight years. Ordinance 9355-19 was presented and read by title only. Vice Mayor Cundiff moved to adopt Ordinance 9355-19 on second and final reading. The motion was duly seconded and upon roll call, Draft City Council Meeting Minutes December 19, 2019 Page 15 City of Clearwater the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10. City Manager Reports 10.1 Amend the Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers, Article I - Public Conveyances to define commercial megacycles and definitions to establish standards for commercial megacycles, to require a license for commercial mega cycles to be operated in the city and to add penalties and pass Ordinance 9356-20 on first reading. In August of 2019, staff was tasked with examining the feasibility of permitting the operation of megacycles in the City of Clearwater. After conducting research on a local and state level, staff developed a pilot program to determine the viability of the program. It has been determined that an amendment to the Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers, Article I - Public Conveyances would be needed to administer the pilot program. Councilmember Polglaze moved to amend the Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers, Article I - Public Conveyances to define commercial megacycles and definitions to establish standards for commercial megacycles, to require a license for commercial mega cycles to be operated in the city and to add penalties. The motion was duly seconded. One individual spoke in support. In response to a question, the City Attorney said the alcoholic exemption is the same as a limousine. Discussion ensued with comments made that the peddle pubs are called that because they permit alcohol, the success on Clearwater Beach is due to the diverse activities and restaurant establishments offered, people have fun on them. A concern was expressed regarding safety and vehicular traffic if the peddle pubs are permitted to operate. It was stated that Clearwater Beach became the number one beach without the peddle pubs. Councilmember Hamilton moved to amend Item 10.1 to allow alcohol during 6-month pilot. The motion was duly seconded. In response to questions, Police Chief Daniel Slaughter said the Department battles to balance the tourist-residential district and maintain Draft City Council Meeting Minutes December 19, 2019 Page 16 City of Clearwater the family atmosphere. There are plenty of legal opportunities for people to partake in alcohol. Once permitted, the business will try to survive and do whatever to keep the business model running. He expressed concern with those individuals who will get excessive that could potentially cause additional disruption. He said the police department is an implementer of policy and will implement whatever council decides. Assistant City Attorney Matthew Smith said if alcohol is permitted, the City would need to amend the existing ordinance and consider what alcoholic beverages would be permitted. If Council wishes to restrict the alcoholic beverages to beer and wine, the ordinance must state the restriction. Staff will come back with an amended ordinance. There was consensus to allow beer and wine. Staff was directed to draft an ordinance to allow beer and wine. The motion to amend was withdrawn. Upon the vote being taken, the motion failed with the following vote: Ayes: 1 - Mayor Cretekos Nays: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10.2 Authorize the negotiated sale of not to exceed $25,000,000 Water and Sewer Revenue Refunding Bonds, Series 2020 and adopt Resolution 19-37. Currently there is outstanding $25,310,000 par value of Water & Sewer Revenue Bonds, Series 2014, with maturities in years 2020 - 2032 with an interest rate of 3.18% that are callable on December 9, 2019. Current bond-market conditions present an opportunity to refund these bonds to achieve a present value savings exceeding the level designated in the City’s debt management policy. The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%.” This resolution authorizes the negotiated sale of not to exceed $25,000,000 par value of Water and Sewer Revenue Refunding Bonds, Series 2020 and authorizes awarding the sale to Raymond James & Associates, Inc., a member of the underwriting team approved by Council in June 2017 per Resolution 17-20. Only the amount of bonds needed to optimize the refunding of all of the outstanding balance of the Water & Sewer Revenue Refunding Bonds, Series 2014, and associated issuance costs, will be issued. Draft City Council Meeting Minutes December 19, 2019 Page 17 City of Clearwater Councilmember Allbritton moved to Authorize the negotiated sale of not to exceed $25,000,000 Water and Sewer Revenue Refunding Bonds, Series 2020. The motion was duly seconded and carried unanimously. Resolution 19-37 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-37. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10.3 Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by NNP-BEXLEY, LLC, whose principal address is 777 South Harbour Island Blvd, Tampa, FL, given in consideration of receipt of $1.00 and the benefits to be derived therefrom, and adopt Resolution 19-41. NNP-BEXLEY, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on three separate parcels (17-26-18-0000-00100-0012, 16-26-18-0000-00100-0050 and 15-26-18-0000-00200-0040) located along Tower Road (aka Bud Bexley Parkway), just east of Ballantrae Blvd and west of Sunlake Blvd in Pasco County. These easements are for the installation of a natural gas distribution line. This main line will run along the Tower Road corridor and ultimately serve residential customers located within the Del Webb subdivision, north of Tower Road. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Vice Mayor Cundiff moved to accept a Natural Gas Easement over, under, across and through a portion of property conveyed by NNP-BEXLEY, LLC, whose principal address is 777 South Harbour Island Blvd, Tampa, FL, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. The motion was duly seconded and carried unanimously. Resolution 19-41 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 19-41. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Draft City Council Meeting Minutes December 19, 2019 Page 18 City of Clearwater Vice Mayor Cundiff and Councilmember Allbritton 10.4 Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Bryan Craig Bexley, Successor Trustee of the Bexley Ranch Land Trust, whose principal address is P.O. Box 10, Sumterville, FL, given in consideration of receipt of $1.00 and the benefits to be derived therefrom, and adopt Resolution 19-19. Bryan Craig Bexley (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on parcel #16-26-18-0000-00100-0000, located along Tower Road (aka Bud Bexley Parkway), just east of Olde Lanark Dr and west of Sunlake Blvd, in Pasco County. These easements are for the installation of a natural gas distribution line. This main line will run along the Tower Road corridor and ultimately serve residential customers located within the Del Webb subdivision, north of Tower Road. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Councilmember Allbritton moved to accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Bryan Craig Bexley, Successor Trustee of the Bexley Ranch Land Trust, whose principal address is P.O. Box 10, Sumterville, FL, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. The motion was duly seconded and carried unanimously. Resolution 19-19 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-19. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10.5 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2019/20 for a new event sponsored by Clearwater High School, the Unity Walk, in the amount of $3,330 and authorize the appropriate officials to execute same. On April 18, 2019, the City Council approved the annual co-sponsorship list and funding for Fiscal Year (FY) 2019/20 for budget purposes. In the event additional money is required beyond what was approved in the FY 19/20 budget, City Council approval will be required. Draft City Council Meeting Minutes December 19, 2019 Page 19 City of Clearwater Clearwater High School has requested that the City partner with them to put on a new special event, the Unity Walk, to be held in downtown Clearwater on Tuesday, January 28, 2020. The Civil Rights Ambassadors of Clearwater High School in conjunction with the Pinellas County School Board are developing a civil rights event that will encourage students in Clearwater and Pinellas County to engage in civil rights education. The intent of the event is to recognize key people that have stood for equality or human rights, celebrate their impact, and inspire others to continue their work. A civil rights lesson will be created and provided to all the public high schools and 30 students from 19 Pinellas County Schools will be attending the event. The event will begin in downtown Clearwater near Station Square Park and end with a walk to Coachman Park. Staff is requesting that this event be included in the FY 2019/20 budget as a city co-sponsored event. Cost associated with the event is $1,500 for police and $1,830 for parks and recreation totaling $3,330. APPROPRIATION CODE AND AMOUNT: The in-kind cost associated with this event will be covered by each department in their approved fiscal year 2019/20 budgets. Five individuals spoke in support. Vice Mayor Cundiff moved to approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2019/20 for a new event sponsored by Clearwater High School, the Unity Walk, in the amount of $3,330 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. The Council recessed from 7:42 p.m. to 7:49 p.m. 10.6 Imagine Clearwater - Public Input Survey Assistant City Manager Michael Delk said staff coordinated a series of successful public engagement meetings over the last several weeks. He said staff has posted all of the public comments received. Draft City Council Meeting Minutes December 19, 2019 Page 20 City of Clearwater CRA Executive Director Amanda Thompson provided a PowerPoint presentation. Mr. Delk said staff will meet with the Parks and Recreation advisory board in January to present the background for renaming Coachman Park to Coachman Commons. Staff anticipates presenting Council with a financial model in January and holding a discussion on the RFP for the bluff property in February. He said Stantec continues to work with staff to refine the public safety considerations. Staff has provided the consultants with sustainability initiatives for consideration. Mr. Delk said he met with Forward Pinellas regarding integrating the park with the Pinellas Trail and will soon demonstrate how the pedestrian walkways and bikeways are emphasized and coordinated with the Pinellas Trail. Staff was directed to hold special work session to discuss the financial data. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Cundiff said he visited the new Woodlawn Trail apartments and said the apartments are beautiful with many amenities and are for affordable housing. He said he is happy about all the affordable housing communities that have been built in recent years. Councilmember Polglaze said he served on the Homeless Leadership Board for four years and Clearwater does a good job at taking state, federal and grant funds and leveraging them for workforce and affordable housing units. Entry level police officers and firefighters need workforce housing. Councilmember Allbritton said he is looking forward to 2020; it will be a busy year with Imagine Clearwater. He wished all a Merry Christmas and Happy Holidays. Councilmember Hamilton wished everyone a Merry Christmas and Happy New Year. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and wished all happy holidays and a Happy New Year. Draft City Council Meeting Minutes December 19, 2019 Page 21 City of Clearwater 14. Adjourn The meeting adjourned at 8:13 p.m. Mayor City of Clearwater Attest City Clerk Draft Citizen Comment Card MR, Name: oCd,6 Address: city: Cbri/ir , P537,37 Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? /1/---- Agenda j Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: l,t./,ac/ A 4407 Address: 9 - O r',/,/ c5 Tree City: 61earwaler Zip: 3 3757 Telephone Number: Email Address: i fa g1 14 11/ 04q Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: etnAa s VNO fes ,/l.c i l f x 1 D What is your position on the item? For V Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7240 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for a grant of $9,000 to the Clearwater Arts Alliance for their proposal of Phase 5 of Thinking Outside the Box traffic signal box wrap program to be funded from the Miscellaneous Public Art Fund (A1901) and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2016 the Clearwater Arts Alliance has created numerous works of public art through their “Thinking Outside the Box” traffic signal box wrap program. This program commissions local artists to produce vinyl wraps that are applied to traffic signal boxes throughout the city of Clearwater. The Clearwater Arts Alliance has submitted an application seeking discretionary funds to provide for an additional six artistically enhanced signal boxes through Phase 5 of the organization’s neighborhood initiative. To address requests of this nature the Public Art & Design Board has developed guidelines to govern the application process for discretionary fund assistance. Applications must be sponsored by a neighborhood, community, or arts organization and must align with the goals and objectives of the 2007 Public Art Master Plan. The Clearwater Arts Alliance’s application supports the City’s Strategic Vision by providing public art for the citizens and visitors of Clearwater and aligns with the Public Art Master Plan for projects that strengthen civic connectivity and support neighborhood identity. These projects facilitate a visual language that helps make Clearwater’s neighborhoods identifiable and unique and create points of pride within individual neighborhoods. At the September 12, 2019 Public Art & Design Program meeting, the Board voted to unanimously approve the Clearwater Arts Alliance funding request and submits its recommendation that the City Council approve this grant. APPROPRIATION CODE AND AMOUNT: Funds are available in capital project 315-A1901, Miscellaneous Public Art, to fund this grant. Page 1 City of Clearwater Printed on 1/13/2020 PUBLIC ART & DESIGN PROGRAM DISCRETIONARY FUND GRANT ASSISTANCE Program Mission The mission of the Public Art & Design program is to add to the visual identity of the city of Clearwater, creating memorable images of the city for visitors and residents alike. Public art reinforces Clearwater’s role as a regional leader in culture, recreation and environmental management, and it supports the City’s development as a wonderful place to live, learn, work and play. Discretionary Fund Grant Assistance On occasion, neighborhood and community organizations and arts advocacy agencies will develop projects that align with the Public Art Master Plan and would benefit from Discretionary Fund grant assistance. This document is to codify the process of reviewing funding requests. Public Art Master Plan Criteria for Funding Community-led Projects The Public Art Master Plan provides support for Neighborhood Identity and other community-led projects based on the following criteria: • Projects in areas with an active community interested in working with an artist should take a higher priority than projects elsewhere; • Projects in areas that do not have public art should take a higher priority than projects elsewhere; • Projects should not rely solely on the Discretionary Fund for support; • Projects located in the following neighborhoods should take higher priority than projects elsewhere: o Brookhill o East Gateway o Glen Oaks o Lake Belleview o Milton Park o North Greenwood o Skycrest o Spring Branch o Sunset Highlands Funding Restrictions Discretionary Fund Grant Assistance must be expended in the city fiscal year (October 1 – September 30) in which it was approved. Applicants receiving funding must register their social security or FEID number with the city for tax purposes. Tiers of Discretionary Fund Grant Assistance Organizations applying for Discretionary Fund grant assistance will declare their project as fitting in one of three tiers: Tier I: Grants up to $2,000 Tier I projects are smaller in scale or scope and are typically coordinated by neighborhood or community organizations. Requests for this tier of grant assistance will be paired with a city department that will provide oversight to ensure that the project follows best practices and is completed in compliance with city codes and ordinances. Examples of Tier I projects include: traffic signal boxes, storm drain murals, trash receptacle murals, and smaller wall murals. Tier II: Grants from $2,000 to $10,000 Tier II projects are average to larger in scale and scope and will involve a joint effort between a neighborhood or community organization and an arts advocacy agency. Requests for this tier of grant assistance are presented by the sponsoring arts advocacy agency, who will provide oversight to ensure the project follows best practices. A city department will be paired with each Tier II project to ensure that all applicable permits are obtained, and the project complies with city codes and ordinances. Examples of Tier II projects include: Multiple traffic signal box installations, medium to larger wall murals, and small sculptures and site-specific public artwork. Tier III: Grants over $10,000 Tier III projects are large in scale and scope and will involve a joint effort between multiple neighborhood or community organizations, arts advocacy agencies, and city departments. Requests for this tier of grant assistance are presented as a partnership between a lead arts advocacy agency and city department. These projects should have a significant community presence and are typically the result of a focused dialogue or specific design intended to respond to community needs. Tier III projects must have a specific goal or outcome that incorporates one or more of the goals and objectives of the Clearwater Cultural Plan or Public Art Master Plan. Applicants must include a mechanism by which projects are evaluated to measure impact and success. Examples of Tier III projects include: Large wall murals, multiple installations of a similar theme across a broad area, larger sculptures and site- specific public artwork. Review Process and Criteria Prior to presenting the project for Public Art & Design Board review, the Cultural Affairs Coordinator will review the project for feasibility and to determine any significant engineering or maintenance issues related to the choice of materials or other issues that that may arise from the placement or creation of the artwork. Once approved, the application will be added to the next regularly scheduled Public Art & Design Board meeting agenda. The applicant will present their project to the Public Art & Design Board and will detail how the project meets the mission, goals, and objectives of the Clearwater Cultural Plan and/or the Public Art Master Plan and how it will be of benefit to the community. The Public Art & Design Board will then discuss the application, asking any applicable questions of the applicant, and will approve or disapprove the grant funding request by a simple majority vote on the basis of the following criteria: • Project feasibility and the ability of the applicant to ensure that the project will be completed as envisioned; • Compatibility with the mission, goals, and objectives of the Clearwater Cultural Plan and/or the Public Art Master Plan; • Maintenance and vandalism mitigation plan; • Applicant’s demonstrated history of success with similar projects; • Anticipated community impact. If approved, the Cultural Affairs Coordinator will coordinate with the applicant to provide the approved level of funding. If disapproved, the applicant may: • Resubmit an amended application and attend a future, regularly scheduled Public Art & Design Board meeting to address the Board’s discussion of the project; • Partner with another organization or agency to resubmit an amended application; • Withdraw their application funding request. Denial of funding does not prohibit the applicant from making future funding requests. PUBLIC ART & DESIGN PROGRAM DISCRETIONARY FUND GRANT ASSISTANCE PROJECT APPLICATION Applicant Details Applicant Name: Clearwater Arts Alliance Project Coordinator: Beth Daniels, President Applicant Address: Clearwater Arts Alliance, Inc. PO Box 955 City, State, Zip: Clearwater, FL 33757 Phone Number: (727) 245-0077 Email Address: info@clearwaterartsalliance.org Website (if applicable): www.clearwaterartsalliance.org Are you a 501(c)3 organization? Yes Have you done similar projects in the past? If so, please describe: See attached presentation, this is Phase 5 of Thinking Outside the Box Project Details Project Name: Thinking Outside the Box Phase 5 Project Location/ Address: Various neighborhoods throughout Clearwater Total Project Cost: $9,000 Discretionary Fund Request: $9,000 Proposed Project Dates: January - March 2020 Project Artist(s): To be determined Project Goals How does is this project compatible with the Clearwater Cultural Plan and/or the Public Art Master Plan? This project fits the goals of creating civic connectivity and supporting neighborhood identity as defined in the Public Art Master Plan. How will the community interact with, or be involved with, this project? Neighborhoods will select an artist from a roster to create a site- specific signal box wrap unique to their community. What is the anticipated community impact associated with this project? Connecting with residents through working with artists to create a neighborhood-specific design for their signal box. How will you determine if this project is a success? Success will be to deploy all six boxes with artist and community participation. Who will maintain and care for this project, and how? The Clearwater Arts Alliance and its contractor will maintain this project. Project Partner(s) Partner Name: Partner Address: City, State, Zip: Phone Number: Email Address: Website (if applicable): Are they a 501(c)3 organization? Project Partner(s) Partner Name: Partner Address: City, State, Zip: Phone Number: Email Address: Website (if applicable): Are they a 501(c)3 organization? Project Partner(s) Partner Name: Partner Address: City, State, Zip: Phone Number: Email Address: Website (if applicable): Are they a 501(c)3 organization? If you have questions related to this application, please contact the Division of Cultural Affairs at (727) 562-4067. Email completed applications to Christopher.hubbard@myclearwater.com or drop off: Clearwater City Hall Division of Cultural Affairs Attn: Christopher Hubbard 600 Cleveland Street, 6th Floor Clearwater, FL 33755 THINKING OUTSIDETHE BOX Clearwater Arts AllianceWHO WE AREIn 1999, CAA was formed as a 501 C (3) charitableentity and under the guidance of Margo Walbolt,the Clearwater Cultural Affairs Manager. As a non-profit entity, CAA advocates for public art, artistsand arts education and is able to seek donationsfrom businesses and individuals to better leveragefunds available to support the arts in our community. Clearwater Arts AllianceWHAT WE BELIEVE IN•The CAA mission is to advocate, collaborate and bring visibility to the arts. •The CAA Board consists of volunteers each of whom contributes their time and money.•Our vision is for a more livable community in which the arts and artists thrive and are supported by all because of their recognized contribution to the economic, social and civic fabric of our city. Clearwater Arts AllianceTHE CLEARWATER CULTURAL PLAN•Working with top city staff, a renowned consultant and numerous citizens, CAA initiated a cultural planning process in 2002. •After a community wide process, a comprehensive plan for culture was enacted in 2003 (the Clearwater Cultural Plan “CCP”). Clearwater Arts AllianceTHE CLEARWATER PUBLIC ART ORDINANCE•After the CCP was enacted, CAA then lobbied strongly for the passage of the Clearwater Public Art Ordinance in 2005. •By that ordinance, the Public Art and Design Program was created. •In effect since October 2006, this program requires that city capital improvement projects with a construction budget greater than $500,000 must contribute 1% of the project's aggregate job value towards the purchase and installation of public art. Clearwater Arts AllianceTHE PUBLIC ART AND DESIGN BOARD•This board, the Public Art and Design Board (PADB) was created under the art ordinance. •Among PADB responsibilities is to administer the funds raised through the city building process. •CAA vigorously supports the city’s public art process, appoints a representative to PADB, sponsors receptions for newly installed works, and encourages and facilitates private developer installations. Clearwater Arts AllianceCAA’S PUBLIC ART PROJECTSBesides helping with city public art programs, CAA pursues its own public art projects.•Pianos in Pinellas•Clearwater Cultural Map•Private Developer Public Art Guide•City Parking Garage Art Cabinet Displays•Thinking Outside the Box art wrapped signal box program. Clearwater Arts AllianceTHINKING OUTSIDE THE BOXIn 2014, CAA started pursuing an interesting public art program- the covering of drab signal boxes with artistic images. We decided to call it “Thinking Outside the Box”. We then did research, found what had worked best elsewhere, determined how to legally proceed and what materials were best to use. By 2015, CAA had decided that wrapping vs painting was best; selected a quality long- lasting vinyl material; developed protocols for the artists and installation; chose 3 local professional artists (3 images each) and worked with the City to get approved locations. Clearwater Arts AllianceTHINKING OUTSIDE THE BOX• Phase 1: CAA funded 3 prototype wraps (and paid the artists for the right to use their images) 2015-16• Phase 2: CAA secured DDB funding and installed 6 wraps in the Downtown Core. 2016• Phase 3: CAA got discretionary city manager funding and did 8 more wraps at highly visible corners & entry points into the city. 2017 • Phase 4: Did a 2nd artist call for more images and secured private sponsorships or CAA self-funded to install 9 more art wraps. 2017- now Clearwater Arts AllianceTHINKING OUTSIDE THE BOX Clearwater Arts AllianceTHINKING OUTSIDE THE BOXPhase 5: Neighborhood Image and Identity Process• Local artists will work with specific neighborhoods to develop unique images. To fulfill the ordinance and public art master plan guidelines, the artists will collaborate with neighbors to create images that will support neighborhood identity and make points of pride, focusing on less-served areas and those lacking art.• Artists would meet with neighborhood groups to come up with concepts and residents would be part of selection of artistic images and location of signal boxes. Clearwater Arts AllianceTHINKING OUTSIDE THE BOXPhase 5: Request for Funding For Neighborhood Image and Identity Art Wrapped Signal Boxes• Based on our experience, we know it will cost approximately $1500.00 per wrapped box •$1000.00for vinyl wrap and installation cost (varies some by box size due to costs for proper quality vinyl)•$500.00artist fee •$1500.00 x 6 = $9000.00.Funding at this level would allow us to create at least 6 wrapped signal boxes in 6 different neighborhoods. CAA would concentrate on first reaching areas that the cultural plan has identified as lacking in artistic amenities. Clearwater Arts AllianceTHINKING OUTSIDE THE BOXAnswering fairness concerns raised at prior PADB meeting, CAA will ensure equitable use of funds as follows:. The Public Art Master Plan lists several areas as under-served as to art (N. Greenwood; Lake Belleview; Brookhill; East Gateway; Glen Oaks; Milton Park; Skycrest; Spring Branch; Sunset Highlands). Neighborhood Dept. and Juliahna will alert these neighborhoods first of the signal box opportunity.. CAA will send out a call to neighborhoods asking if they want to participate. The group must agree to work with an artist to create a unique neighborhood image. Groups will have 30 days to respond and fill out an application similar to that already in use by Juliahna’s dept.. Neighborhood groups that have a Clearwater controlled box and timely respond will be ranked by CAA (working with Christopher and Juliahna). Extra points will be given to 1) areas lacking in art and 2) areas where clumping of art efforts is possible.. The first 6 neighborhoods by ranking will be selected for a box wrap. Clearwater Arts AllianceTHINKING OUTSIDE THE BOXHave we answered your questions?After the June 2019 PADB meeting, CAA met with Christopher and Juliahna several times to be sure that this project, as proposed, complies with the Public Art Master Plan for use of discretionary funds. The general concept of this use had already been cleared with city legal by Madai months ago. After these consultations, and in response to the funding equity issues PADB raised, we have reworked our suggested process. As now designed, all neighborhoods, regardless of financial ability will have a fair chance for placement of these new art amenities in their areas provided that they agree to actively collaborate with the artist to create a unique image for their community.Thank you for Your Consideration. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7269 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2020 through April 30, 2020, with the City contributing a lump sum not to exceed $93,415 and authorize the appropriate officials to execute same. (consent) SUMMARY: Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the parking lot at 112 S. Osceola Ave and two other lots adjacent to the 112 S. Osceola Ave lot as park and ride lots for the 61-day period commencing March 1, 2020, through April 30, 2020. Parking meters at the 112 S. Osceola Ave lot will be suspended during this period. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach or paying to ride the Clearwater Ferry Taxi Service. The Trolley service will be free only for people who board the trolley at the 112 S. Osceola Ave lot park and ride site, at the Clearwater Beach Transit Station on the north side of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated pick up location. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach, and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season, especially on the weekend periods from Friday through Sunday during spring break periods for local school districts and during the three weekends of the Sugar Sands Festival. The proposed agreement sets forth the City’s commitment to contribute a lump sum not to exceed $93,415 towards PSTA’s additional financial obligations, including PSTA’s agreement with the Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. Riders will have significantly shorter wait times this season with additional plug-in vehicles to maintain the service headway at 15-minute intervals at the 112 S. Osceola Ave lot. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). The City and PSTA have developed a marketing plan that includes a media campaign and promotional components. Directional signs for park and ride locations and Dynamic Message Signs will also be deployed. Coordination with, and information about, other transportation alternatives such as the Clearwater Ferry will be included in the materials developed. Page 1 City of Clearwater Printed on 1/13/2020 File Number: ID#19-7269 APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase cost code 4351333-581000, Payment to Agencies, by $93,415 to fund this contract. This increase will be funded with available Parking operating revenues. Page 2 City of Clearwater Printed on 1/13/2020 Spring Break Enhanced Service March 1- April 30 (8 weeks) Additional Service for Local Spring Break and Sugar Sands WEEKENDS ONLY FY20 Preferred Option Summary of Proposed Funding Formula Platform Total Cost Total Costs Hours Per Hour Total Jolley Trolley Regular SB service 762 80.80$ 61,578$ Busy Weekends 203 80.80$ 16,384$ PSTA SBT Regular SB service 366 78.89$ 28,887$ Busy Weekends 1,014 78.89$ 79,981$ Total Estimated Hours 2,345 Total Anticipated Costs 186,830$ 30 min service (M-Th), 15 min service (F-Su) 5 Busiest weekends (2 local Spring Break/3 Sugar Sand), 1 additional JT bus added to Base Marketing and Public Outreach budget provided by PSTA ($15k+ value) Fare Free for riders boarding at specified stops: Harborview, Old City Hall, CBTC, Pier 60 and Marina Service Funding Contributors City of Clearwater 93,415$ 50.0% Pinellas Suncoast Transit Authority 93,415$ 50.0% 186,830$ 100% TOTAL 186,830$ 100.0% DRAFT 11/5/2019 Assumptions: ADD TO BASE SERVICE 8 week promotion, 1 bus added to year-round service Mon-Thu/2 buses Fri-Sun Free Park and Ride Service starting at 10am- end of service day (10pm or 12am F/Sa) Total Funding Contributions Page 1 of 3 33 [A04-01420 /215124/1] CLEARWATER BEACH SPRING BREAK 2020 ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of , 2020, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, the Spring Break seasonal enhanced service promotion began as a partnership between PSTA and the City in 2017; WHEREAS, both parties agree that the Spring Break seasonal pilot in 2017 was a valuable method that encouraged residents, visitors and employees to use alternative transportation options to access all that Clearwater Beach has to offer and the Parties executed other increasingly successful service partnerships in 2018 and 2019; WHEREAS, PSTA, by and through an agreement with Jolley Trolley Transportation of Clearwater, Inc. (the “Jolley Trolley Agreement”), engages the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”) and other routes serving Clearwater Beach; WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route Funding Agreement wherein the City will provide funding to PSTA for Fiscal Year 2019/20 for the services provided pursuant to the Jolley Trolley Agreement; WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach communities along Gulf Boulevard on the Suncoast Beach Trolley; WHEREAS, both the city and PSTA understand the significant auto congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors, and employees to access the beach; WHEREAS, the Parties desire to provide enhanced downtown to beach service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2020 Spring Break period of March 1 through April 30, 2020 from parking areas at the site of the former Clearwater City Hall and Harborview Lots to Pier 60, the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; WHEREAS, PSTA will not extend existing bus services to these parking locations without the shared contribution of the City of Clearwater, as contemplated by this Agreement. Page 2 of 3 33 [A04-01420 /215124/1] NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA’s costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2020 Spring Break period of March 1 through April 30, 2020 at cost not to exceed half of the enhanced service cost up to Ninety-three thousand, four hundred fifteen ($93,415.00) Dollars. The term “enhanced service” as used in this Agreement are those services listed in Exhibit “A” which is attached to this Agreement and incorporated by reference. 3. PAYMENT. PSTA will send an invoice to City of Clearwater no later than the fifteenth (15th) day of the month immediately following the month during which the enhanced service was 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. The City shall reimburse PSTA for 50-percent of the cost of the enhanced service cost not to exceed Ninety- three thousand, four hundred fifteen ($93,415.00) Dollars. 4. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to make the payment provided in Section 3 above, PSTA may cancel this Agreement, which may result in the termination of the enhanced service. 5. JOINT MARKETING. The parties agree to coordinate a joint marketing effort to advertise this enhanced service and other transportation services to and from the beach that encourage the use of non-automotive mass transportation. Additionally, PSTA will provide and the City will assist with the installation, maintenance and removal of temporary directional signage for the promotional service as produced by PSTA. 6. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate at the end of the service day on April 30, 2020. 7. 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. 8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of negligence or its respective employees’ acts of negligence when such employees are acting within the scope of their employment, and each party agrees to be liable for Page 3 of 3 33 [A04-01420 /215124/1] any damages proximately caused thereby consistent with and pursuant to section 768.29(19), Florida Statutes; provided, however, that each party’s liability is subject to the monetary limitations and defenses set forth in Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a waiver of sovereign immunity or any other immunity from or limitation of liability to which either party is entitled, nor shall anything herein be construed as consent by either party to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by Florida Statute 768.28. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY By: _ Witness Brad Miller, Chief Executive Officer Witness Approved as to Form: Alan S. Zimmet, Esq. General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: By: _ George N. Cretekos, Mayor William B. Horne II, City Manager Attest: Approved as to Form: Rosemarie Call, MPA, CMC Michael P. Fuino City Clerk Assistant City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7275 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize an amendment to the original agreement with HR and A Advisors, of New York, NY, in an amount not to exceed $19,500, for the development of a Request for Proposal (RFP) document and authorize the appropriate officials to execute same. (consent) SUMMARY: HR&A Advisors (HR&A) was originally authorized by Council on April 21, 2016 for $378,000 to produce the Imagine Clearwater Master Plan. In June of 2019, the City of Clearwater contracted with HR&A for an update of the economic and market analysis which focused on the development of the Harborview site Request for Proposals, negotiation of development proposals, and assisting with the evaluation of proformas for development options in the amount of $100,000. Based on the results of the economic and market analysis, staff believes it is necessary for HR&A to further assist in the development of an RFP and provide direct developer outreach. This is in the context of an amendment to the original agreement with HR&A on the basis of work they’ve already performed, and to maintain continuity in the process. With this amendment the total project cost will be $497,500. APPROPRIATION CODE AND AMOUNT: Funds of $19,500 are available in capital project ENGF180013, Imagine Clearwater Page 1 City of Clearwater Printed on 1/13/2020 New York | Dallas | Los Angeles | Raleigh | Washington DC December 13, 2019 Michael Delk Assistant City Manager City of Clearwater One Clearwater Tower, 6th Floor 600 Cleveland St. Clearwater, FL 33756 Re: Task 3. RFP Document Development Add-on Proposal Dear Michael: Following our conversation and expanding our current contract to support the City of Clearwater on the redevelopment of three City-owned waterfront sites, HR&A Advisors, Inc. (HR&A) would like to propose additional services to advance Task 3, RFP Document Development, in our agreement dated July 9, 2019. Upon completion of Task 2 in our scope of work—a collaborative process to develop a market scan and feasibility assessment for the redevelopment of the Harborview, the City Hall, and the Pierce Street sites— HR&A and the City have charted a solicitation strategy to raise awareness and interest from qualified development teams across the three City-owned Bluff sites. We share the vision of the City of Clearwater to use these sites to catalyze activity and bring economic development Downtown. As we consider structuring a successful solicitation process, there are three main areas of need that differ from assumptions under our current scope of work: • Expansion to three sites. Per our recent discussion and building upon HR&A’s recommendations, the City is looking to proceed with a request for qualifications (RFQ) for the three City-owned sites, to gather feedback from the market on the preference for a stand-alone site disposition in comparison to a packaged disposition of more than one site. Our current proposal contemplates supporting the development of a procurement document for the Harborview site only. The need to cover in the procurement document the specific characteristics, conditions, and economics of the three sites separately and the areawide development represents an additional level of effort. • Marketing content. Aware of the challenges of developing new higher-density typologies in the downtown Clearwater market, we understand the procurement documents will need to carefully describe the opportunity of being a City partner on the transformation of Downtown through the development of sites with unique water views and adjacent to the ambitions signature park envisioned in Imagine Clearwater. Conversations with the regional development community highlighted the need to actively market the opportunities of the sites and the overall Clearwater market, which are currently undervalued. The solicitation documents will need to be a strong marketing tool in addition to an effective procurement instrument, and some modest additional effort is required to enhance the document with data and messaging on market opportunities. • Direct developer outreach. Additionally, the developer and stakeholder engagement conducted in Task 2, in which over 60 developers were contacted but only 10 were responsive to our request for an interview, suggests the need for a more targeted and strategic outreach to ensure the RFQ HR&A Advisors, Inc. Clearwater Task 3 Add-on Proposal | 2 document reaches and appeals to a larger number of high-quality respondents. Our current scope of work contemplates only the preparation of a distribution list. To promote a robust pool of RFQ responses, HR&A proposes to target the distribution list prepared during our outreach as part of Task 2, identify a path to conduct personalized outreach through existing HR&A and City contacts, and lead that outreach process to build awareness and raise interest through a combination of personalized emails and phone calls. For the purposes of developing a budget, we assume direct telephonic outreach to up to 20 target regional development firms. HR&A can complete the activities described above following the same timeline described in our contract for a fixed fee of $19,500, which includes approximately $8,500 in incremental costs for changes to the solicitation document and $11,000 in cost for developer outreach activities. HR&A will invoice on a monthly basis, based on percentage completion with payment due in 45 days. Thank you for the opportunity to submit this proposal and contribute to this important component of Imagine Clearwater and the reinvigoration of downtown. Please feel free to call or email me at 212.977.2704 or cary@hraadvisors.com with any questions you may have. Sincerely, Cary Hirschstein Partner HR&A Advisors, Inc. SUPPORT FOR THE REDEVELOPMENT OF SITES OWNED BY THE CITY OF CLEARWATER This agreement made and entered into as of the L day of ,jZ( ' , 2019 by and between the City of Clearwater ("Client"), and HR&A Advisors, Inc., a corporation organized and existing under the laws of the State of New York ("Consultant"), who agree and contract as follows: WITNESSETH THAT: WHEREAS, Client desires to implement key recommendations from its master plan for the Bluff/Waterfront district of Downtown Clearwater, and WHEREAS, Client desires to retain the Consultant to support the engagement of developer partners to implement the vertical development recommended in said master plan; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Contracting of the Consultant Client hereby agrees to contract with Consultant, and the Consultant hereby agrees to perform services set forth hereinafter in accordance with the terms and conditions set forth herein. 2. Term of Contract Services performed outside of the Scope of Services Consultant services for the scope of work set forth hereinafter will be completed by 6/30/2020, subject to modification by mutual agreement by the parties hereto. 3. Scope of Services The Consultant agrees to satisfactorily render and provide services hereinafter set forth in "Exhibit A, Scope of Services." 4. Disposition of Work Materials Upon prompt payment of all sums due under this Agreement, all contract documents and similar work materials prepared by the Consultant in completing the scope of services shall be the property of Client. Notwithstanding any other provision to the contrary, the Consultant shall maintain copyright ownership of photographs and of all notes, terms and standard details included in all project -related documents, models, photographs, and other forms of expression created by the Consultant. Only with Client's prior written approval may Consultant use and reproduce its deliverables. The Consultant shall be permitted to retain copies of its deliverables and work product for its records and for its future professional endeavors, so long as Client is not specifically mentioned or utilized to promote such future professional endeavors. The Consultant grants Client a non-exclusive license to use and reproduce such models, photographs, and other forms of expressions created by the Consultant as long as payments due to the Consultant under this contract are made as provided herein. 5. Personnel The Consultant represents that it has, or will secure, at its own expense, all personnel or subconsultants required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with Client. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State, federal and local law to perform such services. 6. Termination and Suspension for Cause If, for any cause, the Consultant or Client shall fail to fulfill in a timely manner their obligations under this Agreement, or if the Consultant or Client shall violate any of the covenants, agreements, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice. The Consultant shall be entitled to receive just and equitable compensation for work performed and expenses incurred as of the date of termination; likewise, Client shall be entitled to ownership of all documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Consultant under this Agreement for which it has compensated the Consultant. If Client fails to make payments to the Consultant in accordance with this Agreement, in addition to the right of termination of this Agreement as set forth herein, at the Consultant's option and upon written notice to Client, it may suspend some or all performance of services under this Agreement and retain all Contract Documents and Work Materials for which payment is outstanding. In the event of a suspension of some or all services, retention of Contract Documents and Work Materials and/or the termination of the Agreement by the Consultant, the Consultant shall have no liability to Client for delay or damage caused Client because of such suspension of services. Before resuming services, the Consultant shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Consultant's services. The decision by the Consultant not to cease or suspend services or any portion thereof, or the decision by the Consultant to suspend certain but not all services under this Agreement shall not constitute a waiver of its right to suspend or terminate performance of any or all services under this Agreement so long as payments of undisputed amounts remain outstanding. 7. Changes Client or Consultant may, from time to time, request changes in the terms of this Agreement. Such changes, including any increase or decrease in the amount of compensation due to the Consultant, shall be mutually agreed upon by the parties hereto and shall be executed and incorporated in written amendments to this Agreement. 8. Compensation The cost of Tasks 1-4 as described in the Scope of Services shall not exceed $100,000 in labor costs, plus reimbursements for any expenses incurred at cost. The cost of services for Task 1-4 will be invoiced by the Consultant on a percent completion basis each month. For Phase II's Tasks 5 and 6, as well as any services performed outside of the Scope of Services, HR&A will invoice the City based on the hourly rates established below in "Consultant Hourly Rates" and will include requests for reimbursement of expenses incurred by the Consultant at cost. Client shall remit payment for an approved invoice within 30 days of receipt of the invoice provided all work is performed satisfactorily as reasonably determined by Client. 9.Etc ual Employment Opportunity The Consultant will not discriminate against any employee or applicant for employment with regard to race, religion, sex, color, national origin, age, sexual orientation, gender identity or disability. The Consultant will act to ensure that applicants are employed, and that employees are treated during employment, without regard to race, religion, sex, color, national origin, age sexual orientation, gender identity or disability. 10. Assianability The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or notation without the prior written consent of Client thereto; provided, however, that claims for money may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly by Client. 11. Conditions and Assurances A. Access to Records: Consultant agrees that Client or any of its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant for the purposes of making audit, examination, excerpt, and transcripts. B. Retention of Records: The Consultant will be required to comply with Section 119.0701, Florida Statutes, specifically to: i. Keep and maintain public records required by the City of Clearwater to perform the service; ii. Upon request from the City's Custodian of Records, provide the City of Clearwater 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 in Chapter 119 or as otherwise provided by law; iii. Ensure that 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 to the City of Clearwater; and iv. Upon completion of the contract and upon request by the City, transfer to the City of Clearwater all project -related public records in possession of the contractor or keep and maintain public records required by the City of Clearwater to perform the service. If the Consultant transfers all public records to the City of Clearwater upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Clearwater, upon request from the City of Clearwater's Custodian of Public Records, in a format that is compatible with the information technology systems of the City of Clearwater. v. Consultant time associated with the delivery of public records shall be billable based on the hourly rates contained within this contract. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROSEMARIE CALL AT 727-562- 4090, rosemarie.call@myclearwater.com, and/or 112 S. Osceola Ave., Clearwater, FL, 33617 12. Miscellaneous Provisions A. This Agreement shall be construed in accordance with the laws of the State of Florida, and venue for any dispute pertaining to this Agreement shall be in Pinellas County, Florida. B. In case one or more of the provisions in the Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such as invalidity, illegality, or non -enforceability, it shall not affect any other provision thereof, and this Agreement shall not be effective unless consented to, in writing, by both parties. C. Nothing contained herein shall be deemed by the parties hereto, nor any third parties, as creating the relationship of principal and agent, employer and employee, or as a partnership or joint venture between the parties. Consultant is the City's independent contractor, and nothing contained herein is intended to create any relationship other than that between the parties. D. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be constitute one and the same instrument. E. This Agreement shall be binding upon and inure to the benefit of each of the Consultant's and the Client's respective successors and assigns. 13. Indemnification A. Consultant shall indemnify, defend and hold harmless Client and its officers, employees, agents and permitted assigns from and against any and all suits, claims, losses, damages, charges, or expenses, whether direct or indirect, and liability of every name and nature to which they or any of them may be put or subjected by reason of any personal injury or damage to real or tangible property arising from or in connection with any acts or omissions on the part of the Consultant or arising from any breach by Consultant under this Agreement. B. Subject to Florida statutory limits on sovereign immunity, the City agrees to indemnify the Consultant and its officers, employees, agents, and permitted assigns from and against liability or expenses incurred on account of the negligent acts of the City, its employees, servants, or agents in relation to this Agreement. Nothing contained herein, however, shall be construed as a waiver of or limitation of liability that the City may be entitled to under section 768.28, Florida Statutes. In no event shall any officer, shareholder, member, employee or agent of Consultant or Client (or any of Consultant's or Client's affiliates) be personally liable for the performance of either party's obligations hereunder. IN WITNESS WHEREOF, the City of Clearwater and the Consultant have executed this Agreement on this the day of , 2019. HR& Advisors, Inc. Cary Fj(stein, Partner 41.Q R al Date IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: 11jts SEAL) William B. Horne, II, City Manager Countersigned: Attest: s.eorw\crt\k`Gof George N. Cretekos, Mayor Rosemarie Call, City Clerk Approved as to form: Pam Akin, City Attorney 1/(-1//q Date HKAnalyze. Advise. Act. SCOPE OF WORK HR&A anticipates that meeting the City's objectives will require two phases of work: Phase 1: A high-level market scan to understand recent real estate activity, particularly absorption of multifamily residential and associated ground -floor retail development; developer engagement to inform the City's market understanding and begin to raise awareness about the opportunity; and the development of a compelling solicitation document for the current site of the Harborview Center. Phase 2: Support in the launch and management of the solicitation; the evaluation of responses and support in negotiations with one or more developers; and the development of materials supporting the referendum/referenda. As part of this assignment, we assume that we will collaborate with an architectural firm, whose main task would be the development of massings of building forms to allow for the testing of various redevelopment scenarios, potentially including the delineation of a building envelope, design guidelines, and illustrative renderings to support the solicitation and/or referendum/referenda. Per our conversation, this firm will be selected in consultation with the City, and we have not designated a detailed design scope or budget here within our proposal. Phase 1: Market Reconnaissance and Solicitation Drafting Task 1. Project Reconnaissance & Kickoff 1.1 Proiect Reconnaissance: Upon receiving notice to proceed, HR&A will arrange a call with the City team to discuss its objectives and desired outcomes for the redevelopment of the Bluff sites. We will also begin to conduct initial project reconnaissance, including reviewing publicly -available property information on the three City sites, past and present development proposals for these sites and other adjacent sites, and any relevant City -led plans or recent regulatory actions that might impact the proposed development. During this period, HR&A will prepare a data request to obtain additional relevant information held by the City and not previously shared during the Imagine Clearwater master planning process, which may include previous appraisals and studies prepared regarding the sites, information around program and financial assumptions, including construction budgets, particularly related to infrastructure costs, and further detailed program information. We would also kick off work with the City's architect. Deliverable: HR&A will provide a data request within one work week of project commencement. Task 2. Market Scan & Feasibility Analysis To underpin our analysis, HR&A will evaluate the market potential and feasibility for development on the three City sites. We will build on the previous market study completed by HR&A for Imagine Clearwater in order to maximize efficiency. 2.1 Market Scan and Data Update: HR&A will update our understanding of market conditions for uses identified as priorities by the City, namely multifamily residential and retail, gathering data for the most recent market metrics and trends in the metropolitan area and any potential impacts of the investments made to -date in Downtown Clearwater and relevant comparable markets on real estate values. We will utilize our team's past analysis of the local market as a foundation for this analysis, but will also collect more recent data to inform assumptions on revenues and costs (both one-time and ongoing) related to the development of the three sites. We will rely on data provided by third - party sources such cis ESRI Business Analyst (drawing from Census data) for demographic data, Zillow (or equivalent) for residential data, and CoStar for retail data, among others. We will supplement this data with information provided by the City, as well as primary data from market reports and outreach to local brokers and developers, as needed. 2.2 Developer and Stakeholder Engagement Trip: HR&A will work with the City team to begin engaging a shortlist of local and regional developers with experience in delivering high-quality mixed-use projects. We will develop a list of promising firms and travel to Clearwater to meet with representatives to gather market information to supplement the data collected through Task 2.1, gauge interest in the three City sites, outline core considerations that inform project opportunity and risk, and begin to raise awareness of future solicitation(s). During this trip, we will also meet with additional stakeholders and the client team in Clearwater and will share the outcome of our outreach meetings during a wrap-up discussion with the City and key stakeholders, if desired. 2.3 Architect Engagement: HR&A will share the results of the market scan with the architectural team to inform their development of basic site massings and development scenarios for the City sites. HR&A will work with the team to refine these diagrams for inclusion in the final solicitation. 2.4 Webinar: Development Scenarios: HR&A will conduct a webinar to brief the City client team on our market scan and developer engagement meetings, and recommend a series of scenarios and key variables to be studies under the Task 2.5 financial feasibility analysis. 2.5 Financial Feasibility Model and Gap Analysis: Based on the financial assumptions developed during our market scan, we will build a multi-year cash flow model to evaluate the financial feasibility of development on the three City sites and test the effect of key variables on feasibility and project value. Several scenarios will be evaluated based on density of development and the horizontal costs that the developer must bear to deliver a physically -feasible project.' HR&A will work with the City team to determine the most critical variables to test within the model. HR&A's will create a dynamic pro forma to test key variables and demonstrate the project's redevelopment feasibility (or financial gap). Key variables may include those items described above, as well as the type and number of residential units, type and square footage of any ground - floor commercial uses, cost assumptions, phasing, assumed profit margin, or others. The pro forma will project the value of land under different redevelopment scenarios, an objective metric against which the City can later evaluate development proposals and proposed transaction terms. For budgeting purposes, we presume running no more than two scenarios per development site, if needed. 2.6 Webinar: Findings Presentation: HR&A will conduct a work session via web conference with the City to present the financial model's draft outputs and answer any questions as we move forward to Task 3. Deliverable: Presentation summarizing findings from Task 2 analyses. 1 The City may elect to hire a cost estimator to provide locally -sourced horizontal cost assumptions, particularly if the City team wishes to test specific development typologies not commonly found in Clearwater but desirable at these highly valuable sites — e.g., subterranean structured parking. Task 3. RFP Document Development Building off of the financial feasibility model and gap analysis developed in Task 2.4, which will be broadly applicable to all three City sites, in Task 3 HR&A will support the creation of a single Request for Proposals RFP") for development on the Harborview Center site, identified by the City team as a vital "first move" within the group of three sites. The City may choose to adapt this document for subsequent site disposition solicitations for the other three bluff sites 3.1 Referendum strateay: HR&A understands that any disposition of City property — and particularly of sites along the Osceola Avenue bluff — requires constituent approval via a voter referendum process. As part of developing a strategy for the disposition of the City's three Bluff sites, HR&A will facilitate a discussion with the City team on referendum/referenda strategy, in terms of timing with the disposition process and determination of whether the next referendum should address one or multiple sites. 3.2 Distribution list: Building on the list of regional developers targeted for outreach in Task 2, HR&A will work with the City team to develop a targeted distribution list for circulating the solicitation document. 3.3 Drafting key elements of the RFP documents: HR&A will support development of the key business terms and related content for an RFP. We will develop an outline of these sections for review with City staff, develop an initial draft of key RFP content, including the solicitation's goals, requested scope, terms, and evaluation criteria, and provide this to the City to be supplemented by the City's required forms, documents, and language. HR&A will coordinate with City staff to revise and refine this content as needed prior to release. If exhibits are needed to define the opportunity or provide existing condition information to potential respondents, HR&A will advise on the most compelling and clear presentation of these materials, aimed at eliciting a strong response from the market, and coordinate with the City and other consultants to produce exhibits for inclusion in the RFP. As mentioned previously, we assume that the City's architect will develop illustrative massings for the sites that are in line with the City's objectives, identify comparable developments to be presented to prospective developers, outline core design guidelines and, as deemed necessary, provide illustrative renderings. 3.4 RFP approval support: As needed, HR&A will support the City in preparing for review by key City staff. HR&A will review consolidated comments from the City team and commit to making up to two rounds of RFP language revisions. Deliverables By the end of Task 3, HR&A will deliver RFP scope language, evaluation criteria, and solicitation process information for inclusion in a solicitation document for release to the public upon completion of this task. Task 4. Pre -Response Submission Support To support City staff's preparation for receipt of responses, HR&A will conduct the following tasks. 4.1 Support preparation for a pre-bid conference: HR&A will develop presentation materials related to the goal, scope, and business term elements of the RFP for the City's use in a pre-bid conference call. We recommend encouraging all interested respondents to join, to allow for questions and discussion of the RFP's key terms and to provide the City with an early sense of market interest. HR&A assumes that the City will deliver the presentation, and we will plan to participate via conference call. 4.2 Respond to questions and prepare RFP amendments: HR&A will manage receipt of questions regarding the RFP and work to draft or obtain the appropriate responses. HR&A will draft a set of aggregated questions and responses, or as needed create "batches" of questions and responses, to be reviewed by City staff prior to release to respondents and posting publicly by the City. If questions indicate a need to issue any amendments to the RFP, HR&A will draft and publish these amendments, for up to two rounds of Q&A and/or amendments to be prepared and posted. Deliverables: Presentation materials for the pre-bid conference; question and answer documents and/or addenda to the RFP for the City's review and release. Phase 2: Evaluation of Solicitation Responses and Negotiation Support Task 5. Proposal Evaluation As the City receives RFP responses, HR&A will support the evaluation of submitted proposals. Anticipated tasks may include: 5.1 Conduct respondent due diligence: HR&A will review information provided by respondents and conduct additional background research as needed to understand critical information such as developer credentials, prior projects, financial wherewithal and outcomes of participation in similar projects. Where key information is missing or unavailable from responses and desktop research, HR&A will draft questions to respondents on key points of clarification. 5.2 Initial response evaluation: To support the evaluation committee's review, HR&A will provide an objective assessment of respondents' proposed agreement terms and elements, evaluating how completely respondents fulfill the criteria set forth by the City. 5.3 Facilitate City evaluation process: HR&A will facilitate the City's comprehensive evaluation of proposals, including an initial draft of a scoring matrix, and leading discussions with the City's selection committee to rank proposals. HR&A will rely on City staff for scheduling and other logistical support during this process. 5.4 Respondent interviews: As needed, HR&A will work with City staff to prepare for and conduct interviews with shortlisted respondents. We anticipate that this will include managing development of key questions and facilitating gathering of information during and following the interview process. 5.5 City leadership review: Upon completion of the initial evaluation process, HR&A will support City staff in preparing a staff report and/or presentation to leadership to summarize responses, evaluations, and to request authorization to proceed into the negotiation phase, described in Task 6, with one or more respondents. Deliverables: An evaluation framework for the City's evaluation committee; a presentation summarizing our initial evaluation of responses, accompanied by key questions for respondents; agendas and questions for respondent interviews, if needed. Task 6. Preferred Proposer Negotiations & Transaction Support HR&A will be available to support the City's negotiation of terms with the preferred developer for a deal structure that is mutually beneficial to the City and the developer. Subtasks may include: 6.1 Supporting term sheet drafting and negotiations: HR&A will support drafting and negotiations of an initial term sheet between the City and one or more preferred respondents. This process will refine the offers provided by developers, provide the City with a final point of leverage in negotiations, and seek to solidify the key terms to be included in an agreement with the preferred partner. 6.2 Supporting agreement drafting and negotiations: Based on the term sheet developed in the task above, HR&A will work with the City's transaction counsel to develop a final form of agreement between the City and the preferred development partner. HR&A will review and comment on key business terms within this agreement, but will rely primarily on transaction counsel for agreement drafting. 6.3 Presenting negotiated deal terms to City leadership for approval: As required, HR&A will prepare a presentation synthesizing key deal terms with the preferred development partner for City leadership approval. As with any task involving City leadership, the length of time needed to complete this task will be dependent on the scheduling of meetings as well as any presentation or meeting requirements regarding the approval of such an agreement. Deliverables: Final term sheet for an operating agreement, and support to finalize the agreement. TIMELINE & BUDGET Timeline Months > 1 2 3 4 5 ' 6 7 8 9 10 Phase 1 Task 1: Project Reconnaissance & Kickoff Task 2: Market Scan & Feasibility Analysis Task 3: RFP Document Development Task 4: Pre -Response Submission Support Solicitation open for bidding Phase 2 (anticipated) Task 5: Proposal Evaluation Task 6: Negotiation & Transaction Support Budget Phase 1 HR&A will complete Tasks 1 through 4, as described above, for a fixed fee of $100,000, as shown in the table below, plus expenses incurred at cost. We will work closely with the City team and any other consultants to most efficiently execute the work and anticipate a schedule of 5 months for the Phase 1 work; any extension of schedule beyond an additional month may result in fees to the City on a time and materials basis. Phase 2 HR&A will invoice the City team on a time and materials basis, based on HR&A's 2019 discounted public sector rates, listed below. Task Fee Phase 1 Task 1: Project Reconnaissance & Kickoff $7,500 Task 2: Market Scan & Feasibility Analysis $50,000 Task 3: RFP Document Development $35,000 Task 4: Pre -Response Submission Support $7,500 Subtotal $100,000 Phase 2 Task 5: Proposal Evaluation Task 6: Negotiation & Transaction Support time & materials time & materials Any additional work provided by HR&A beyond the services costed above will be billed based on HR&A's hourly non-profit and public sector rates, which are discounted from our private sector billing rates and are shown below. HR&A Advisors, Inc. Discounted Public/Non-Profit Hourly Rates for 2019 Chair/Vice-Chair $525 Partner/Senior Advisor $420 Principal $370 Director/Senior Project Director $315 Senior Analyst $235 Analyst $185 Research Analyst $145 Admin $100 These rates are guaranteed through December 31, 2019 HR&A will invoice on a monthly basis, based on percentage completion of work for Tasks 1 through 4, and actual time and expenses incurred for Tasks 5 and 6. THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Purchase Order # Purchase Order is subject to standardTermsand Conditions posted atwww.myclearwater.com/purchaseorder-TandC BILL TO Purchase Order VENDOR SHIP TO Vendor Email Delivery Contact Date Ordered Date Required Contract Number Department/Location Vendor No. Payment Terms Item#Description/PartNo QTY UOM Unit Price Extended Price By:Purchasing Manager Page 1 of 1 19001777 HR&A ADVISORS INC 99 HUDSON ST, 3RD FLOORNEW YORK,NY 10013Fax: 212-977-6202 CITY MANAGER'S OFFICE 600 CLEVELAND STSUITE600CLEARWATER, FL 33755 Phone: 727-562-4040 09/17/2019 CITY MGR 102260 0 >FOB DESTINATION unless otherwise indicated>DISCOUNT (if shown) reflects payment terms 1 EA1.0 $100,000.00$100,000.00CONSULTINGSERVICE FOR IMAGINE CLEARWATER CITYOWNEDPROPERTY REDEVELOPMENT SCENARIOS. Total Ext. Price $100,000.00PO TOTAL $100,000.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7356 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2020 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $29.00 per hour, for a total estimated cost of $25,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System allows municipalities to utilize their fleet of buses and drivers for $1.50 per mile plus $29.00 per hour for driver with a five-hour booking minimum. During the summer of 2020, the department will organize approximately 150 field trips that may utilize school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are generally a less costly mode of transportation. During the past year, the City utilized school buses for field trips at a cost of approximately $15,000. Approval of this Agreement will provide staff with a larger number of options when determining the most cost-effective source of transportation for participants. The Agreement is similar to agreements between the Pinellas County School Board and other Pinellas County municipalities that utilize school bus transportation. This item supports the City's Strategic Plan by partnering with other public organizations to be more efficient in providing services and programs to the youth of our community. APPROPRIATION CODE AND AMOUNT: Funds are available in various account codes in the Recreation Programming Division’s Operating Budget to cover the costs associated with this Agreement. Page 1 City of Clearwater Printed on 1/13/2020 VEHICLE USE AGREEMENT THIS AGREEMENT, entered into this day of , by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the “School Board,” and the , a municipal corporation, hereinafter referred to as “User”. The parties agree as follows: The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2020 for the purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs. User shall make all requests for specific uses during the contract period to the School Board’s Transportation Department, who will determine whether buses are available pursuant to paragraph 3 below. 1. Transportation is for the sole purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs to and from locations in Pinellas and adjacent counties. 2. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The School Board’s Transportation Department shall be the final authority as to the availability of buses. 3. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00 p.m., a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of two hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non-school day, User shall pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of four hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (C) “Weekend” is defined as a Saturdays and Sundays. “Weekend” shall also include Fridays during the time that the School Board is on its summer calendar schedule. “Weekday” is defined as all days not meeting the definition of “Weekend”. “Non-school day” is defined as a weekday when students are not scheduled to attend classes. 4. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith, except that School Board and User hereby agree to indemnify each other for claims brought against the indemnified party only to the extent that the claims are found to result from the sole negligence of the indemnifying party, its governing body, or its employees. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third party agents of the parties. This indemnification shall not be construed as a waiver of the parties’ sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which the parties could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against the indemnified party must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §129.06, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the indemnifying party to only those damages caused by indemnifying party’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. The User will provide a certificate of the required liability insurance showing the School Board of Pinellas County, Florida as an additional insured or a certificate of self-insurance to the School Board prior to the time of any transportation under this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF Organization PINELLAS COUNTY, FLORIDA By: Chairperson Organization Name Attest: Superintendent Print Name and Title Approved as to form: School Board Attorney’s Office Signature Bus Use Agreement - Municipalities Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7358 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a Tourism Promotion Agreement between the City of Clearwater and Pinellas County for and on behalf of Visit St. Petersburg/Clearwater (VSPC) for Clearwater Sea Blues Festival to be held on February 22 and 23, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 18, 2019, City Council approved the annual co-sponsorship list and funding for Fiscal Year 2019/20 for budget purposes. Included in that list was the annual Sea Blues Festival that is scheduled for February 22 and 23, 2020. At that time, staff was under the impression that VSPC would sponsor the event at the same level as 2019. On October 2, 2019, staff provided an update to Council regarding the reduction of sponsorship from VSPC from $81,712 in cash and advertising to $25,000 in cash for Sea Blues. This year marks the 15th year of the Sea Blues Festival, a free community event held in Coachman Park. This event brings in visitors and guests from across the country to participate in this festival. Due to the provision of indemnity in the agreement, city legal staff recommended that it come to City Council for approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/13/2020 Page 1 of 6 _________ Initials TOURISM PROMOTION AGREEMENT Clearwater Sea-Blues Festival THIS AGREEMENT is made and entered into as of the ______ day of ________________________, 20___ (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”), for and on behalf of Visit St. Petersburg/Clearwater (“VSPC”), and the City of Clearwater, a municipality (“Event Organizer”) (collectively, the “Parties,” or individually, a “Party”). WITNESSETH: WHEREAS, in accordance with Section 118-32, Pinellas County Code, and Section 125.0104(5)(a)2., Florida Statutes, VSPC is responsible for promoting tourism in Pinellas County, including funding activities, services, and events that have as one of its main purposes the attraction of tourists; and WHEREAS, the County, on behalf of VSPC, agrees to provide Tourist Development Tax funding for the Clearwater Sea-Blues Festival to be held February 21-23, 2020 (“Event”), organized and operated by the Event Organizer to promote Pinellas County tourism as described in the promotion program as defined herein. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, the Parties agree as follows: 1. The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect through August 23, 2020, unless otherwise terminated as provided herein. 2. The County agrees to pay to the Event Organizer the total sum of Twenty-Five Thousand Dollars ($25,000.00) (“Sponsorship Fee”) as an Event sponsor, to promote and market Pinellas County tourism in connection with the Event as defined in the promotion program described in Exhibit A attached hereto and made a part hereof (“Promotion Program”). The County shall pay the Sponsorship Fee in accordance with the following: A. The Sponsorship Fee shall be due and payable within forty-five (45) calendar days of Event completion, upon Event Organizer submitting an invoice with all documentation required in Section 2G at the address set out in Section 4. B. Payment shall be made by the County to the Event Organizer in accordance with §218.70 et seq., Florida Statutes, “The Local Government Prompt Payment Act.” C. In the event the Event Organizer: (i) cancels the Event or does not conduct the Event; or (ii) is not in compliance with the terms and conditions of the Agreement; or (iii) is dissolved, or ceases or suspends its operations for any reason, then any sums not paid or disbursed to the Event Organizer are hereby deobligated, and shall not be paid unless this Agreement is Page 2 of 6 _________ Initials amended in writing by mutual agreement of the Parties expressly authorizing payment of the Sponsorship Fee on the revised terms as provided in said amendment. D. The Event Organizer shall repay the County for all illegal or unlawful expenditures of the Sponsorship Fee, or for expenditures made by The Event Organizer in breach of any covenant, term or condition of this Agreement, including illegal, unlawful, and/or unauthorized expenditures discovered after the expiration of the term. Funds are for marketing and promotional support and sponsorship benefits and are NOT permitted for reimbursement of operational expenses. E. The Event Organizer shall provide immediate written notice to VSPC if the Event is cancelled, rescheduled, or the scope of the Event is substantially changed from the Event as described in Event Organizer’s funding request. F. The Event Organizer may amend or revise the Promotion Program only with the prior written consent from the Director of VSPC, or his designee. G. The Event Organizer shall provide a written final report to VSPC within forty-five (45) calendar days of Event completion, which at a minimum shall include documentation establishing that the Event Organizer provided the promotional benefits described in the Promotion Program, shall specify attendance at the Event and room nights generated by the Event in Pinellas County, the methodology used for computing the room nights which methodology must be documentable, supportable, and calculated in compliance with tourism market and research analysis industry standards, and such other information as required by VSPC. Failure to submit the report as required shall disqualify the Event Organizer from being eligible for funding in future years. 3. A. The Event Organizer shall organize, manage, operate and/or conduct the programs, activities, and events, and be solely responsible for all costs and expenses related to the Event. B. The Event Organizer represents and warrants that it has substantial experience and skill in the business of organizing and promoting the Event and agrees to use its best efforts to organize, manage, operate and conduct the Event in a professional manner, calculated to create a quality, pleasant, enjoyable experience for all participants. 4. Each Party hereby designates the person set forth below as its respective contact person. The person designated herein shall be each Party’s prime contact person for coordinating Promotion Program related activities. Notices or reports shall be sent to the attention of each Party’s contact person by U.S. mail, postage prepaid, or email to the Parties’ addresses as set forth below: For the County: Craig Campbell, Director Community & Brand Engagement Visit St. Petersburg/Clearwater For the Event Organizer: Kris Koch, Special Events Manager City of Clearwater, Parks & Recreation 100 South Myrtle Ave. Page 3 of 6 _________ Initials 8200 Bryan Dairy Rd., Suite 200 Largo, FL 33777 Craig@VisitSPC.com Clearwater, FL 33755 Kris.Koch@myclearwater.com Any changes to the above representatives or addresses must be provided to the other Party in writing. 5. A. The County reserves the right to terminate this Agreement, without cause, by giving thirty (30) days advance written notice to the Event Organizer of its election to terminate pursuant to this provision. Should this Agreement be terminated as provided herein, Event Organizer shall only be entitled to reimbursement of actual costs for goods and/or services received by County from Event Organizer up until the date of termination of this Agreement. Reimbursement shall be based upon submittal and receipt of all supporting, appropriate documentation for such costs. B. The failure of either Party to comply with any material provisions of this Agreement shall be considered in breach thereof, and shall be cause for immediate termination of the Agreement upon written notice to the defaulting Party. C. The funds to be used for this Agreement are subject to periodic appropriation of funds by the County. Further, obligations under this Agreement are contingent upon the availability of funds. If funds are not appropriated by the County for any or all of this Agreement, the County shall not be obligated to pay for any promotion benefits provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify the Event Organizer in writing of such failure of appropriation, and upon such notice, this Agreement shall terminate without penalty to the County. 6. A. The Event Organizer shall, upon request, permit the County to examine or audit all records and documents related to the Promotion Program provided for in this Agreement. Event Organizer shall maintain all such records and documents, including but not limited to, all documents in support of the Event Organizer’s funding application and post event reporting, in accordance with the Retention Schedule as put forth by the Florida Department of State. B. The County through VSPC or VSPC’s vendor, has the right to perform on-site surveys during the Event for the purposes of substantiating/verifying Event Organizer’s final report and for collecting other information pertinent to the destination. 7. A. Neither the County nor the Event Organizer shall make any express or implied agreements, guaranties or representations, or incur any debt, in the name of or on behalf of the other Party. Neither the County nor the Event Organizer shall be obligated by or have any liability under any agreements or representations made by the other that are not expressly authorized hereunder. The County shall have no liability or obligation for any damages to any person or property directly or indirectly arising out of the operation by the Event Organizer of its business, whether caused by the Event Organizer’s negligence or willful action or failure to act. Page 4 of 6 _________ Initials B. The County will have no liability for any sales, service, value added, use, excise, gross receipts, property, workers’ compensation, unemployment compensation, withholding or other taxes, whether levied upon the Event Organizer or the Event Organizer’s assets, or upon the County in connection with services performed or business conducted by the Event Organizer. Payment of all such taxes and liabilities shall be the responsibility of the Event Organizer. C. To the extent provided by law and without waiving sovereign immunity, the Event Organizer shall indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of the Event Organizer; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; except only such injury or damage as shall have been occasioned by the sole negligence of the County. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by the Event Organizer or an extension of the Event Organizer’s liability beyond the scope, provisions, or limits set forth in Section 768.28, Florida Statutes. 8. A. The Event Organizer shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, relative to performance under this Agreement. B. Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party. C. Nothing in this Agreement shall be construed to benefit any person or entity not a Party to this Agreement. D. In carrying out this Agreement, The Event Organizer shall not exclude from participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion, sex, national origin, family status or handicap. E. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements, communications, or representations, whether oral or written, with respect thereto. F. No alteration, change, modification, amendment or waiver to or of this Agreement shall be valid or binding unless in writing and signed by both Parties hereto. G. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the County and any contractor, subcontractor or supplier of the Event Organizer, and at all times the Event Organizer is and shall remain an independent contractor and not an agent of the County or VSPC. Page 5 of 6 _________ Initials H. Sections 2.D., 6.A., and 7.A., B. and C. shall survive the expiration of the term or termination of this Agreement. I. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance. J. This Agreement shall be construed, interpreted, and governed by the laws of the State of Florida. 9. Event Organizer acknowledges that information and data it manages as part of the services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. Event Organizer agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws, regulations, including but not limited to Section 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the Event Organizer agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. 10. By signing this Agreement as provided below, Signer attests to all of the following: A. Signer has the legal authority to enter into the Agreement on behalf of the Applicant organization; B. Signer is not deriving any direct or indirect benefit or bonus, monetary or otherwise, from the Applicant organization or any other party, including signer’s employer, as a result of this funding award; and C. Signer is not aware of any other third party deriving any direct or indirect benefit or bonus, monetary or otherwise, from the Applicant organization or any other party as a result of this funding award. <Signature page follows> Page 6 of 6 _________ Initials IN WITNESS WHEREOF, the Parties herein have executed this Agreement on the day and year first above written. PINELLAS COUNTY, FLORIDA ____________________________________ Merry Celeste Director of Purchasing & Risk Management CITY OF CLEARWATER ____________________________________ William B. Horne II, City Manager ____________________________________ George N. Cretekos, Mayor Approved as to form: ____________________________________ Owen Kohler, Assistant City Attorney Attest: ____________________________________ Rosemarie Call, City Clerk A-1 _________ Initials Pinellas County Elite Event Funding FY 20 Benefits & Deliverables Exhibit A Event Name: Clearwater Sea-Blues Festival (“Event”) Event Dates: February 21-23, 2020 Funding Amount: $25,000.00 VIK Contribution: $24,625.00 Total Contribution: $49,625.00 I. VSPC will receive, in exchange for its financial support, the following benefits at no additional charge, except as noted: A. Official Designation Status i. VSPC is the exclusive Destination Marketing Sponsor of the Event. B. Marketing & Advertising Benefits i. Use of VSPC Logo (Logo provided by VSPC): VSPC logo inclusion in all pre-Event marketing materials, including primary placement in Tampa Bay Times and various Blues Music magazines. ii. Billboards: VSPC logo will be placed on all in-area and out-of-area digital and static billboards secured by the Event. iii. Any additional marketing and advertising placements secured by the Event will feature VSPC by name and logo. C. Digital & Media Benefits i. Official Event Website: VSPC logo, link, and recognition of sponsorship will be prominent on all Event website pages, along with special recognition on the Event’s sponsor page. ii. Social Media: VSPC to be prominently featured on Event Facebook page. Posts tagging and thanking VSPC for its support will be made pre-Event, during the Event, and post-Event. VSPC Facebook posts will be shared upon request by VSPC staff. iii. Digital Advertising: VSPC logo inclusion in Tampa Bay Times digital ads, various Blues Music websites, City of Clearwater Event newsletters, and press releases. D. Event Onsite Benefits i. Display/Activation Space: a. One (1) 20’ x 20’ exhibit area including VSPC-branded van in a prominent location in Coachman Park. Location to be mutually determined. b. VSPC has option for one (1) 10’ x 10’ exhibit area during the Event to promote its Gulp Coast campaign. Location to be mutually determined. ii. Event Advertising (Content provided by VSPC): a. Signage: Up to eight (8) banners and eight (8) feather flags to be placed throughout the Event. Installation, removal and return performed by Event at no cost to VSPC. A-2 _________ Initials b. Sponsor/Lineup Boards: VSPC logo to be placed on eight (8) double-sided A-frame directional boards placed throughout the park. c. Video Board Commercials: VSPC will receive a minimum of twelve (12) units throughout the Event to consist of a mixture of :30 to :60 spots provided by VSPC. d. Logo Placement: VSPC logo featured on all side stage banners, all in-park directional signage, and stage mast banner. Signage artwork to be approved by VSPC. E. Additional Benefits i. VSPC has opportunity to provide promotional materials to VIP guests, artists and artists guests. Quantity to be mutually determined. ii. Event to provide the following Tickets and Credentials for VSPC invited clients and promotional use: a. Twelve (12) VIP tickets per day b. Four (4) “Front Row Package” tickets, or highest valued package to the Event, per day c. Six (8) Parking passes per day iii. Event to provide the following to VSPC working staff, which includes but is not limited to brand ambassadors, street teams, media and photographers, if requested by VSPC and at no cost to VSPC: a. Worker passes/credentials with appropriate access (all-access for VSPC media and photographers) b. Parking passes c. Meals under the event’s volunteer program d. Water and ice e. Electrical power to VSPC display booth (requirements TBD) II. VSPC will provide the following marketing and digital spends on behalf of Event: A. Marketing & Advertising: i. VSPC will spend $8,000.00 for a targeted campaign with Pandora in the 8 weeks leading into and promoting the Event. B. Digital & Media: i. VSPC will spend $2,000.00 in a digital campaign, including SEM (search engine marketing) across Bing/Google and social media across Facebook, Instagram and Twitter leading into and promoting the Event. ii. VSPC will provide a website pixel for Event to implement onto its website (myclearwaterevents.com). The pixel will allow for improved digital retargeting and provide the event and VSPC robust visitor data, including bookings, visitor demographics and other pertinent booking information. Estimated $3,125.00 value. iii. VSPC will provide an onsite survey team to collect tourism-related data and information during the Event. VSPC to develop the questionnaire and pay the cost for hiring and training staff as well as any promotional items used to incent A-3 _________ Initials participation. Event to provide space and power, if needed, upon request by VSPC and at no charge to VSPC. Estimated $9,500.00 value. iv. A portion of the tickets provided will be leveraged across VSPC’s social media channels for giveaways bringing added free exposure for the event. C. Event Marketing: i. Upon receipt of materials, VSPC will distribute Event collateral at other local VSPC- supported events leading into and promoting the Event. ii. VSPC will spend up to $2,000.00 to produce co-branded Welcome Bags to be provided to all Event VIP, Front Row, Reserved Seating ticket purchasers and artists. VSPC to contribute destination materials for the Welcome Bags. Event to assemble Welcome Bags and coordinate distribution to attendees at no cost to VSPC. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7267 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Reappoint Jeffrey DiVincent to the Board of Trustees Clearwater Police Supplementary Pension Plan with a term to expire January 31, 2024. (consent) SUMMARY: In keeping with the provision of Florida Statute 185.05 states in part, “The fifth member shall be chosen by a majority of the previous four members, and such person’s name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person’s name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees as it fifth member…” At a meeting of the Board of Trustees held on December 13, 2019, Jeffery DiVincent agreed to serve another four-year term as the fifth Trustee. Mr. DiVincent is a Clearwater police officer with over 24 years’ experience and has agreed to serve the term February 1, 2020 to January 31, 2024. The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that Mr. DiVincent be appointed to the Board of Trustees. Mr. DiVincent stated he will accept the reappointment. Page 1 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7217 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Authorize a sole source award to Evoqua Water Technologies, of Pittsburgh, PA for Odophos and PRI-SC (hydrogen peroxide), in an annual amount not to exceed $200,000.00 for the initial contract period of February 1, 2020 through January 31, 2021, with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent) SUMMARY: Odophos and PRI-SC (hydrogen peroxide) are utilized at the Northeast Water Reclamation Facility (WRF) for odor control as part of a Performance Based Contract with Siemens Corporation. These two chemicals are the basis of the measurement and verification assessment of the success of the Siemens contract; therefore, these chemicals must be utilized for the City to meet the requirements of the Performance Based Contract. The utilization of Odophos and PRI-SC together, to cost effectively remove odors from wastewater, is a patented process known as the PRI-SC Process. PRI-SC®, a proprietary technology, was developed by USPeroxide and is patented under U.S. Patent #6,773,604 B2. Evoqua, in partnership with USPeroxide, is the sole provider of this technology and the sole source manufacturer of Odophos and PRI-SC. The PRI-SC Process has provided high-level odor control at our Northeast facility for years. In accordance with Clearwater Code of Ordinances Section 2.564 (1)(b), Exceptions to Bidding, Evoqua Water Technologies has been determined a sole source vendor for Odophos and PRI-SC (hydrogen peroxide). APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ cost center 4211355-550100 Lab Chem Supplies. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits Page 1 City of Clearwater Printed on 1/13/2020 Work Session Date: January 13, 2020 SUBJECT/RECOMMENDATION: Title Authorize a sole source award to Evoqua Water Technologies, of Pittsburgh, PA, for Odophos and PRI-SC (hydrogen peroxide), in an annual amount not to exceed $200,000.00 for the initial contract period of 2/1/20-1/31/21, with the option for two, one-year extensions, pursuant to City Code Section 2.564 (1)(b), and authorize appropriate officials to execute same. (consent) Body SUMMARY: Odophos and PRI-SC (hydrogen peroxide) are utilized at the Northeast Water Reclamation Facility (WRF) for odor control as part of a Performance Based Contract with Siemens Corporation. These two chemicals are the basis of the measurement and verification assessment of the success of the Siemens contract; therefore, these chemicals must be utilized for the City to meet the requirements of the Performance Based Contract. The utilization of Odophos and PRI-SC together, to cost effectively remove odors from wastewater, is a patented process known as the PRI-SC Process. PRI-SC®, a proprietary technology, was developed by USPeroxide and is patented under U.S. Patent #6,773,604 B2. Evoqua, in partnership with USPeroxide, is the sole provider of this technology and the sole source manufacturer of Odophos and PRI-SC. The PRI-SC Process has provided high-level odor control at our Northeast facility for years. In accordance with City Code Section 2.564 (1)(b), Exceptions to Bidding, Evoqua Water Technologies has been determined a sole source vendor for Odophos and PRI-SC (hydrogen peroxide). APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ cost center 4211355-550100 Lab Chem Supplies. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7284 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a purchase order to Odyssey Manufacturing of Tampa, FL for Liquid Sodium Hypochlorite in the annual not-to exceed amount of $485,000 for the period of January 17, 2020 through January 16, 2021 with two one-year renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Purchasing issued Invitation to Bid (ITB) #13-20, Liquid Sodium Hypochlorite on November 14, 2019. Two bids were received on December 17, 2019. Odyssey Manufacturing Company of Tampa, FL represents the lowest responsive, responsible bidder. Liquid Sodium Hypochlorite (bleach) is used as a disinfectant at the City of Clearwater’s potable water treatment plants, water reclamation facilities, and reclaimed water pump stations, to maintain regulatory compliance with the City’s Florida Department of Environmental Protection (FDEP) operating permits. The initial contract period will be from January 17, 2020 through January 16, 2021 with the option for two one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #061303 Alkalies and Chlorine, including natural sodium carbonate and sulfate; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in various Public Utilities cost centers, cost code 551000 Lab Supplies - Chemicals: Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 1/13/2020 v. 11.2018 Purchasing Office 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #13-20 Liquid Sodium Hypochlorite November 14, 2019 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, December 17, 2019 to provide Liquid Sodium Hypochlorite. Brief Description: The City of Clearwater is soliciting sealed bids to supply liquid sodium hypochlorite (12.0 Trade Percent Available Chlorine) to the City’s Water Treatment and Waste Water Reclamation Facilities (WRF). Bids 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. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig Procurement Analyst valerie.craig@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Interim Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 2 ITB #13-20 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 1. 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 e-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 bid. 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 bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 17, 2019 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids 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 bid 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, bids are available for inspection by contacting Purchasing. i.5 BID FIRM TIME: 60 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Vendor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Vendor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 3 ITB #13-20 the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Vendor upon the expiration or termination of the contract. i.6 SUBMIT BIDS 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 Bids will be received at this address. Bidders may mail or hand-deliver bids. 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 bid that is not properly addressed and identified. i.7 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder 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. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. 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 bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.8 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.9 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 bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.10 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, 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 bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid 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 bid. i.11 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 4 ITB #13-20 i.12 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.13 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid 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 the suspension or debarment. i.14 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter 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 bidder and the City until the City executes a written contract or purchase order. i.15 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder 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. i.16 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.17 CONTRACTOR ETHICS. It is the policy 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.18 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.19 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 5 ITB #13-20 proposal 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 Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid 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: City of Clearwater – Procurement Office 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION LIQUID SODIUM HYPOCHLORITE 6 ITB #13-20 i.20 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.21 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder 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: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder 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 bidder’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) Price. We will then evaluate the bids that have met the requirements above. i.23 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.24 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder 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 bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.25 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at www.myclearwater.com/bid to view relevant bid information and notices. i.26 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 11/14/2019 Advertise Tampa Bay Times: 11/15/2019 Bids due: 12/17/2019 Review bids: 12/17/2019-12/20/2019 Award recommendation: 12/20/2019 Council authorization: 1/16/2020 Contract begins: January 2020 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 7 ITB #13-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, 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 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 8 ITB #13-20 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. 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. STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 9 ITB #13-20 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, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 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. 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 10 ITB #13-20 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 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. 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 11 ITB #13-20 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. 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 12 ITB #13-20 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. 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. STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 13 ITB #13-20 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 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 contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 14 ITB #13-20 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. 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. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 15 ITB #13-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to establish a term contract for Liquid Sodium Hypochlorite (12.0 Trade Percent Available Chlorine), in accordance with the American Water Works Association’s (AWWA’s) Standard B300-10, latest revision for hypochlorite, except as modified or supplemented herein, to the City of Clearwater’s Water Treatment and Wastewater Treatment plants. 3. BIDDER QUALIFICATIONS/SUBMITTALS 3.1 Bid Product Analysis: Each bidder shall submit with their bid a product analysis performed by one of the approved testing laboratories listed in item 7.1 of this Specification. This analysis must be performed on a 1500 ml “chilled” sample of Bidder’s product which is representative of their manufacturing process from the Bidder’s manufacturing facility which would serve the City. • The laboratory shall ascertain whether the Bidder’s product is in compliance with this Specification for percent (%) available chlorine, percent (%) sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, perchlorate, bromated and suspended solids. • The cost of the analysis shall be borne by Bidder. • The results of the analysis shall be submitted with the Bidder’s sealed bid. Failure to submit the analysis shall result in the Bidder being deemed non-responsive. 3.2 Additional Samples: The City of Clearwater reserves the right to take samples from Bidder’s other customers to ensure that the Bidder’s sample and delivery equipment is in compliance with all the requirements of this specification and such a sample shall be judged representative of the Bidder’s quality. In such an event, the City of Clearwater shall bear the cost of any analysis. Based on this compliance check, failure to meet the requirements of this Specification shall result in Bidder being disqualified. 3.3 References: Each Bidder shall submit with their bid a list of at least five (5) references to include phone numbers that use or have used its Sodium Hypochlorite at water and/or wastewater treatment facilities in the past three (3) years. References shall list actual users at the water and wastewater utilities (not purchasing agents). 3.4 Safety and Reliability: Each Bidder shall provide with their bid the names of customers where bidder’s contract was terminated early (e.g. debarred) for safety, quality, or service issues for any product bidder supplied over the past five (5) years. The Bidder shall also provide with their bid a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications (“safety incidents”) for all chemicals it delivered or manufactured for the past five (5) years. Failure to disclose references, terminations, or safety incidents will result in Bidder being deemed non-responsive. As part of assessing the Bidder’s safety and reliability record, the prospective Bidder shall include with their bid all regulatory actions including but not limited to; copies of any fines, correspondence, and consent orders relating to the operation of ALL of its manufacturing and distribution facilities for the past ten (10) years. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 16 ITB #13-20 Additionally, the Bidder shall submit with their bid a copy of its OSHA Form 300A/300 logs for the past three (3) years (if the Bidder utilizes a third-party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well). The City of Clearwater may require a site visit to the Bidder’s manufacturing and distribution facilities to assess safety and reliability as part of the bid evaluation. As these chemicals are required by the city for use in treating water to meet Federal and State requirements, upon award the vendor shall provide a written plan to provide uninterruptable service to the city. This plan will include a backup system, to be approved by the city, that will ensure the uninterruptable service to the city. 3.5 Other Documentation: The Bidder shall submit with their bid the following documentation: • National Science Foundation (NSF) sample results for past three (3) consecutive years • List of Subcontractors or Affiliates • The Bidder shall provide a list of approved drivers with their training record kept current and a copy of their driver’s licenses. The approved drivers list shall be maintained current and an updated list of approved drivers, training records and driver’s license shall be provided to the City whenever a new driver is proposed. • Location of the Bidders’ Manufacturing Facilities • Company hierarchy – Local, Regional, and State of Florida’s Supervisor’s names and contact information for at least two (2) points of contact for this contract (contact person name, address, phone number, and email address) and provide organizational chart. • Contact Information to Obtain Product Sample – Bidder shall provide contact name, address, phone number, and email address for company representative(s) that can provide additional samples should the City require, as referenced in item 3.2 • Vendor’s Safety Manual (electronic copy) 4. DELIVERY REQUIREMENTS 4.1 Vendor shall make “normal” deliveries within three (3) calendar days after receipt of order and make “emergency” deliveries within twenty-four (24) hours. An “emergency delivery” is defined as a delivery required within twenty-four (24) hours to prevent the Public Utilities Department from running out of sodium hypochlorite. The City of Clearwater shall endeavor to minimize the number of “emergency” deliveries. 4.2 All deliveries of liquid sodium hypochlorite shall be freight prepaid, F.O.B. to each City of Clearwater facility. 4.3 Delivery time of day shall be arranged upon placement of order but shall be during daylight hours generally between 7:00 A.M. and 5:00 P.M. Deliveries made to unmanned facilities must be coordinated with the City of Clearwater so the driver can gain access to the facility. 4.4 All delivery personnel must have company cell phones to facilitate deliveries. 4.5 A Bill of Lading, itemizing the delivered quantity, shall be provided at the time of delivery and quantity of pounds (lbs.) and gallons (gal.) referenced on the tickets. 4.6 Packaging and shipment of liquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation, and all other applicable regulatory agencies. 4.7 The City of Clearwater, at its discretion, reserves the right to change quantities and delivery dates of any previously scheduled delivery with a 24-hour advance notice. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 17 ITB #13-20 4.8 The Vendor shall be responsible for pumping liquid sodium hypochlorite into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air-padding, pumps, etc. required to safely and efficiently “offload” the liquid sodium hypochlorite into designated storage tanks. The Vendor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). 4.9 The Vendor shall be responsible for any spills resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require delivery personnel’s constant observation and inspection of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. The Vendor shall observe the entire filling operation at each delivery site and shall immediately report any spill caused during the filling operations to plant staff. The Vendor shall be responsible for any spills resulting from the failure of the Vendor or the Vendor’s subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. The Vendor shall take immediate and appropriate actions to clean up any spilled liquid aluminum sulfate. If the spill is not cleaned up within twenty-four (24) hours, the City of Clearwater will hire a certified hazardous material handling company to clean up the spill. The cost of such service will be charged to the vendor and deducted from the amount due to the Vendor. If the City of Clearwater’s unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Vendor or its subcontractor, the Vendor shall be relieved of the cleanup of the spill. 4.10 The Vendor shall provide all equipment that may be necessary to provide all services specified herein. All equipment shall be in good condition and be properly maintained to minimize down time and should be appropriate for the application. All equipment shall be maintained so that it can be safely operated and does not present a threat to people, private or public property. It shall be the vendor’s responsibility to keep all of this equipment in good working order. The tanks or trailers shall be clean and free of residue that may contaminate the Vendor’s product or impede the unloading process. It is the Vendor’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be clean and free from contaminating material. The City of Clearwater may reject a load if the equipment is not properly clean. 4.11 All delivery vehicle drivers shall have a proper commercial driver’s license issued through the State of Florida with the proper endorsements for the material(s) being carried. Vendor’s drivers shall display their driver’s license whenever requested by the City of Clearwater during the delivery. Failure to show proper license shall result in rejection of delivery and subsequent possible termination of the Vendor’s supply agreement. 4.12 Delivery shipments which fail to meet any of the requirements of the Specifications shall be rejected. Upon notification to the Vendor that a shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within four (4) hours from the time of notification. Failure to provide replacement product that meets the specification within the specified time period will constitute failure to comply with the delivery requirements set for in the agreement. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 18 ITB #13-20 5. DELIVERY LOCATIONS 5.1 Delivery sites and locations are subject to deletions or additions as necessary to meet the water production and wastewater treatment demands of the City of Clearwater. 5.2 Split deliveries to multiple locations will be coordinated and accepted by the City of Clearwater to encourage economical delivery of product via bulk tankers dependent on storage capacities at time of delivery. 5.3 All deliveries shall be made by appointment, with a wastewater or water treatment plant operator present at the time of delivery. Several of the sites are unmanned sites and require delivery notification. 5.4 Liquid Sodium Hypochlorite consumption at each location is an estimate only and the City of Clearwater shall not be bound by these amounts in its agreement with the Vendor. LOCATION SITE CONTACT STORAGE CAPACITY ESTIMATED ANNUAL QUANTITY East WRF 3141 Gulf to Bay Blvd Clearwater, FL 33756 Chief Plant Operator Jack Sadowski 727-462-6667 8,500 GALLONS 130,000 GALLONS Marshall Street WRF 1605 Harbor Dr Clearwater, FL 33755 Chief Plant Operator Ryan Alexander 727-562-4994 13,100 GALLONS 219,000 GALLONS Northeast WRF 3290 S.R. 580 Clearwater, FL 34695 Chief Plant Operator Cathy Borden 727-793-2787 17,500 GALLONS 224,000 GALLONS WTP No. 1 1657 Palmetto St Clearwater, FL 33755 RO1 Control Room 727-224-2466 or RO1 Chief 727- 224-7736 6,300 GALLONS 152,000 GALLONS WTP No. 2 21133 U.S. 19 N Clearwater, FL 33765 RO2 Control Room 727-200- 3229 or 727-434- 4135 6,800 GALLONS 130,000 GALLONS WTP No. 3 2775 S.R. 580 Clearwater, FL 33761 RO1 Control Room 727-224-2466 or RO1 Chief 727- 224-7736 6,300 GALLONS 45,000 GALLONS DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 19 ITB #13-20 LOCATION SITE CONTACT STORAGE CAPACITY ESTIMATED ANNUAL QUANTITY Union Street Reclaimed Water Booster Pump Station 2060 McMullen Booth Rd Clearwater, FL 34695 Primary Contact: Chief Plant Operator Cathy Borden 727-793-2787 Secondary Contact: PU Assistant Manager Michael Flanigan 727-224-7690 1,150 GALLONS 10,000 GALLONS Del Oro Reclaimed Water Booster Pump Station 401 McMullen Booth Rd Clearwater, FL 33759 Primary Contact: Chief Plant Operator Jack Sadowski 727-462-6667 Secondary Contact: PU Assistant Manager Michael Flanigan 727-224-7690 2,250 GALLONS 10,000 GALLONS Skycrest Reclaimed Water Booster Pump Station 901 Saturn Ave Clearwater, FL 33755 Primary Contact: Chief Plant Operator Ryan Alexander 727-562-4994 Secondary Contact: PU Assistant Manager Michael Flanigan 727-224-7690 2,000 GALLONS 20,000 GALLONS 6. PRODUCT MATERIAL REQUIREMENTS 6.1 Sodium hypochlorite supplied under this contract shall be tested and certified as meeting the Specifications, the American Water Works Association (AWWA) Standard B300-10 and those of the National Sanitation Foundation/ American National Standards Institute, Standard 60 (NSF/ANSI Standard 60), Drinking Water Treatment Chemicals Health Effects. 6.2 It is the responsibility of the Vendor to inform the City of Clearwater that its NSF certification has been revoked or lapsed within twenty-four (24) hours of the time the Vendor receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 20 ITB #13-20 6.3 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. 6.4 The liquid sodium hypochlorite shall be a clear, straw colored liquid, with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. 6.5 Liquid sodium hypochlorite delivered under this Specification shall have excess caustic for stability. Delivered product shall have a minimum of 0.20 percent (%) by weight sodium hydroxide and a maximum of 0.40 percent (%) by weight sodium hydroxide. 6.6 Liquid sodium hypochlorite delivered under this contract shall meet the following containment limits: Iron <0.3 mg/L Copper <0.03 mg/L Nickel <0.03 mg/L Chlorate <2,500 mg/L Perchlorate <20 mg/L Bromate <20 mg/L 6.7 The delivery time of the shipment shall not exceed seventy-two (72) hours from the time of manufacturer of the liquid sodium hypochlorite. 6.8 The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than three (3) minutes for 1000 ml when applying the “Suspended Solids Quality Test for Bleach Using the Vacuum Filtration” method. 7. QUALITY ASSURANCE, SAFETY AND TRAINING 7.1 Sampling and Testing: All Sampling and Testing shall be in accordance with Environmental Protection Agency (EPA) and American Water Works Association (AWWA) B300-10 standards. The approved laboratories are listed below for all sampling and testing whether during the bidding period or after award. No other Laboratory shall be used unless expressly authorized as an Addendum to the bid issued by the City of Clearwater amending the Specification or an amendment to the contract between the City of Clearwater and the Vendor. • Pace Analytical • Advanced Environmental Laboratories, Inc. Sampling and Testing Prior to Unloading: The Vendor’s delivery trailer shall have a sample port to provide a sample for analysis. At the sole discretion of the City of Clearwater, the Vendor’s delivery personnel (driver) may be asked to provide a sample of liquid sodium hypochlorite before the product is unloaded. The City of Clearwater will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to the City of Clearwater. The sample shall be considered representative of the load. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 21 ITB #13-20 The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to quick analyses to ensure that it meets basic conditions of the specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. The Vendor or its subcontractors shall allow sixty (60) minutes for this testing to be completed. If testing cannot be completed within the sixty (60) minute period, the City of Clearwater shall allow the Vendor to unload the shipment. Any product tested by City of Clearwater that fails to comply with the Specification shall constitute grounds for rejection of that load. In the event the load is rejected, the Vendor shall have four (4) hours to supply another shipment. In the event the Vendor is unable or unwilling to supply another shipment within this time period, the City of Clearwater has the right to procure a shipment from another source. Three (3) rejections of a load or shipment during any period of this contract shall constitute automatic termination of the Vendor’s supply contract with the City of Clearwater. Sampling and Test of Shipment After Unloading: The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to complete analysis to ensure that it meets EPA specifications, AWWA B300-10 Specifications, and the Specification. Three (3) failures during any period of this contract shall constitute automatic termination of the Vendor’s agreement to provide liquid sodium hypochlorite to the City of Clearwater. Certified Analysis: Vendor shall supply an affidavit with each delivery signed by the analyst certifying that the liquid sodium hypochlorite furnished by the Vendor complies with all applicable requirements of this Specification and AWWA Standard B300-10, latest version. The affidavit shall also indicate compliance with Water Chemicals Codex directives, latest revision, for impurity limits. 7.2 Manufacturer’s Laboratory Delivery Reports: A certified report from the manufacturer shall be submitted for each liquid sodium hypochlorite delivery to the City of Clearwater. The report shall contain the following data: • Date and Time of Manufacture • Percent by Weight Sodium Hypochlorite • Percent by Weight Excess Sodium Hydroxide • Specific Gravity (Referenced to a temperature) • Suspended Solids Test Time No deliveries will be accepted by the City of Clearwater unless accompanied by said certified laboratory report for the specific batch of liquid sodium hypochlorite delivered showing the above data and that it conforms to the Specification. Regardless of whether at different delivery sites, failure to comply with this provision three (3) times during the contract period shall constitute sufficient grounds for termination of the contract between the City of Clearwater and the Vendor. 7.3 On Demand Reports: On demand, the Vendor shall utilize one of the approved testing agencies listed in this Specification, item 7.1, to analyze a sample of the liquid sodium hypochlorite delivered to the City of Clearwater. The Vendor shall supply the sample container and the driver shall collect the same from the tank truck. The sample will be given to the City of Clearwater at the time of the sample and the City of Clearwater shall forward the sample to the approved authorized testing agency. Any failure to comply with the Specification shall constitute grounds for termination of the contract between the City of Clearwater and the Vendor. 7.4 Charges for the manufacturer’s certified report and all reports by outside testing agencies should be included in the bid price. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 22 ITB #13-20 8. OCCUPATIONAL HEALTH AND SAFETY 8.1 Vendor Safety Requirements: The Vendor must ensure delivery personnel’s compliance with all Occupational Safety and Health Administration (OSHA) requirements, including personal protective equipment for Vendor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, rubber gloves, rubber boots, and rubber or plastic- coated fabric apron or slicker suit. Vendor delivery personnel must wear, at minimum, chemical goggles and rubber gloves when handling hoses and valves. Vendor delivery personnel must remain within a safe proximity while the transfer is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of the Vendor delivery personnel to contain leaks and to report any and all spills. 8.2 Safety Data Sheets: In compliance with Chapter 442 Florida Statutes, any chemical delivered from a Vendor must be accompanied by a safety Data Sheet (SDS). Safety Data Sheets provided must be compliant with current OSHA Hazard Communication Safety Data Sheet guidelines. 8.3 Emergency Plan of Action and Safety Training: Within thirty (30) days of award and acceptance of the contract for the supply of liquid sodium hypochlorite, the Vendor shall provide in writing, an emergency order procedure, with appropriate telephone contacts, for the City of Clearwater to follow in case an emergency supply of liquid sodium hypochlorite is needed. The Vendor shall supply in writing, an emergency spill response plan with appropriate emergency response personnel names and telephone contact numbers (24-hour access phone numbers) within thirty (30) days of award and acceptance of the contract to supply liquid sodium hypochlorite. Emergency response personnel to provide emergency support services on a twenty-four (24) hours a day/seven (7) days a week basis in the event of a spill, equipment failure, or other emergency. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Vendor. This section in no way relieves the Vendor of his responsibility to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Vendor shall supply the necessary personnel to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee “After Event” cleanup efforts. Should a spill or leak occur, caused by the Vendor’s personnel, equipment or method of delivery, Vendor shall immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S.11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Vendor caused spills or releases shall be the sole responsibility of Vendor. The Vendor shall indemnify and hold the City of Clearwater harmless for any failure to properly report and/or comply with this provision. In addition, Vendor shall bear all expenses of spills, unless caused by the sole negligence of the City of Clearwater. 8.4 Safe Handling Training: The Vendor shall provide an appropriate safe handling training course for liquid sodium hypochlorite within the first month of the contract, to all current City of Clearwater operations personnel and shall be available to conduct “refresher” courses or new employee training annually during the contract period. The Vendor shall provide this assistance at no charge to the City of Clearwater. 8.5 Technical Assistance: The Vendor shall provide engineering and technical assistance, as DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 23 ITB #13-20 needed, regarding the application of its product and disposal and handling of residues and sludges produced by the application of liquid sodium hypochlorite in the water and wastewater treatment process. This expertise shall extend to the application of all other chemicals used by the City of Clearwater in its water treatment and wastewater treatment plants. The Vendor shall provide this assistance at no charge to the City of Clearwater. 9. PAYMENTS AND PENALTIES 9.1 Receipts: The vendor shall provide one (1) original and one (1) copy of the receipt for every delivery of liquid sodium hypochlorite. The receipts shall include company name, date, time of arrival, time of departure, trailer tag number, driver’s signature, Vendor’s personnel signature, include weight for wet and gallons, and any other information required by any applicable regulatory agency. These receipts shall be left with the Water or Wastewater Environmental Technologies Manager and/or designee on the same day of delivery. 9.2 Invoices: The Vendor shall submit an invoice to the City of Clearwater Public Utilities Accounting Division for payment upon their schedule but not more frequently than once every thirty-day period. Included with the invoice shall be the chemical application site log/ticket for each location which must include and summarize each load ticket number and summary of wet pounds, dry pounds and gallons sent to each site and other information requested in the form and a certificate of analysis for the site delivery. Such form shall be signed and dated by an authorized representative of the company. No invoice for payment shall be accepted without the completed record keeping form. Difference between invoiced and calculated volumes must be reconciled between the Vendor and the Wastewater Environmental Technologies Manager and Public Utilities Assistant Manager before payment on the disputed volume is authorized. Vendor shall also provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation on an as-needed basis to assist with payment processing. 10. TERMINATION Vendor’s failure to comply with any part of this Specification three (3) times over the duration of this contract, shall constitute sufficient grounds for immediate termination of the contract by the City of Clearwater. If the resultant contract is terminated, the City of Clearwater shall be liable only for payment for supplies rendered before the effective date of the termination. Performance failures which can result in termination of the contract include, but are not limited to: o Failure to deliver in a timely manner, o Failure to deliver proper equipment, o Failure to provide Bill of Lading that shows the metered delivered quantity, o Failure of the liquid sodium hypochlorite to meet the Specification at anytime, o Failure to provide a certificate of analysis, o Failure to comply with the safety and OSHA requirements of the Specification, o Failure to provide drivers with company cell phones, o Failure to provide licenses of drivers if requested, o Failure to provide requested technical assistance and/or training, and, o Failure to respond in a timely manner to any City of Clearwater liquid sodium hypochlorite emergency. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 24 ITB #13-20 11. INSURANCE REQUIREMENTS. The Vendor 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 Vendor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor 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: 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 and proof of waiver is provided to the City, 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 $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. 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, Vendors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $2,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 Vendor 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” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor 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 Department, ITB #13-20 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 25 ITB #13-20 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor 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 City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any Vendors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES LIQUID SODIUM HYPOCHLORITE 26 ITB #13-20 1. BEGINNING AND END DATE OF INITIAL TERM. January 2020 – December 2020 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. 2. 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Vendor certifies that the prices offered are no higher than the lowest price the Vendor charges other buyers for similar quantities under similar conditions. The Vendor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Vendor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Vendor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 061303, Alkalies and Chlorine, including natural sodium carbonate and sulfate, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION LIQUID SODIUM HYPOCHLORITE 27 ITB #13-20 1. BID SUBMISSION. Submit one (1) signed original bid, one (1) copy and one (1) electronic copy of the bid in a sealed container. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Edit list as appropriate – add/delete: Original and proper number of copies with electronic format Bid container properly labeled Bid pricing form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form Vendor Information form Offer Certification form Scrutinized Companies form Current Safety Data Sheet (SDS) A copy of NSF/ANSI Standard 60 certification Minimum of five customer (5) references- match to requirements All items referenced in the Detailed Specifications (Item 3. BIDDERS QUALIFICATION/SUBMITTALS, pps. 16-17) shall be submitted BID PRICING LIQUID SODIUM HYPOCHLORITE 28 ITB #13-20 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Liquid Sodium Hypochlorite to the City of Clearwater at the price(s) stated below. Item No. Description Unit Estimated Annual Quantity Cost Per Gallon Total Price 1 Liquid Sodium Hypochlorite 12% Trade Percent Gallon 940,000 $ $ Grand Total $ Note: The City of Clearwater makes no expressed or implied guarantees to purchase specific quantities. The estimated quantities indicated are given only as a guideline for preparing your bid and should not be construed as representing the actual amount to be purchased under this contract DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS Select one choice of payment terms:  Net 30, City of Clearwater’s standard payment terms  2%15, Net 30  _____%10, Net 30 (identify discount not less than 3%)  Procurement card (Bank of America Visa card): o Credit processing fees apply o Invoices under $2,500 paid by department Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA LIQUID SODIUM HYPOCHLORITE 29 ITB #13-20 Bidders shall indicate any and all exceptions taken to the provisions or specifications 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): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid 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 bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION LIQUID SODIUM HYPOCHLORITE 30 ITB #13-20 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 bid: 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: SCRUTINIZED COMPANIES LIQUID SODIUM HYPOCHLORITE 31 ITB #13-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION LIQUID SODIUM HYPOCHLORITE 32 ITB #13-20 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting 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) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) 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. f) 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; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) 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. h) 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. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or 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 LIQUID SODIUM HYPOCHLORITE 33 ITB #13-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #13-20, LIQUID SODIUM HYPOCHLORITE Due Date: December 17, 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 BID Submitted by: Company Name: Address: City, State, Zip: ITB #13-20, LIQUID SODIUM HYPOCHLORITE Due Date: December 17, 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 33756-5520 CITY OF CLEARWATER ITB #13-20, Liquid Sodium Hypochlorite DUE DATE: December 17, 2019; 10:00 AM BID TABULATION VENDOR TOTAL BID PRICE Allied Universal Corporation 515,120.00$ Odyssey Manufacturing Company 483,160.00$ NOTE: Highlighted Cell indicates a calculation correction. Items with a star ( ) indicates intent to award. - December 26, 2019 NOTICE OF INTENT TO AWARD Public Utilities and Purchasing recommend award of ITB No. 13-20, Liquid Sodium Hypochlorite, to Odyssey Manufacturing, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $485,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the January 13, 2020 Work Session (9:00 a.m.) and voted on at the January 16, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 562-4634, or mailed to City of Clearwater, Attn: Purchasing, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Valerie Craig Valerie Craig Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7265 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Appoint Pamela Benton to the Sister Cities Advisory Board, as the School Board’s World Language Coordinator, with a term to expire January 31, 2024. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Main Library SPECIAL QUALIFICATIONS: 1 City Councilmember; 1 youth member nineteen years old or younger; 1 Clearwater Sister Cities, Inc. representative nominated by organization; 1 local business community representative; 1 school board world language coordinator or designee; 1 Clearwater Arts Alliance (FKA Clearwater Arts Foundation) representative nominated by organization; 1 at-large member Representatives of Clearwater Sister Cities, Inc., the local business community, the school board’s world language coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1.Pamela Gene Benton - 6984 12th Terrace North, St. Petersburg, FL 33710 - Prek-12 World Language Supervisor Original Appointment - 12/17/15 Interest in reappointment: Yes (currently serving 1st term until 12/31/19) 0 Absences in the last year (School Board’s World Language Coordinator) Page 1 City of Clearwater Printed on 1/13/2020 File Number: ID#19-7265 Zip codes of current members: 1 - 33710 2 - 33761 1 - 33763 1 - 34683 Page 2 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7293 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Reappoint Leanne Grayston to the Nuisance Abatement Board with term to expire January 31, 2024. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 MEETING DATES: As Called, 1st Wed./Month - 3:00 pm PLACE: Main Library APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT WILL BE EXPIRING ON JANUARY 31, 2020 AND REQUIRES REAPPOINTMENT: 1. Leanne M. Grayston - 633 Bryant St., 33756 - Human Resources Manager Original appointment: 1/21/16 (currently serving 1st term until 1/31/20) Interest in reappointment: Yes Zip codes of current members: 1 at 33755; 5 at 33756; 1 at 33759 Current Categories: Analyst Attorney Clinical Social Worker English Teacher/Librarian HR Manager Production Tour/Manager Page 1 City of Clearwater Printed on 1/13/2020 File Number: ID#19-7293 Restaurant Owner Page 2 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7271 Agenda Date: 1/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action against the heirs, descendants, assigns, or other interested parties of the Belair Bayou, Inc. corporation to secure the necessary interest in certain lands in the area of the Seminole boat ramp to complete the dock segment of the project. (consent) SUMMARY: The City is the owner of certain lands comprising the Seminole boat ramps, and the associated parking lot and buildings. The City took ownership of a portion of those lands in 1965 from Belair Bayou, Inc. (Belair Bayou), a now dissolved corporation. The City now wishes to clear title to a small segment of the land to construct a boat ramp planned for the area. This action would be instituted to obtain the necessary interest as against the heirs, descendants and assigns of Belair Bayou, if any. APPROPRIATION CODE AND AMOUNT: 0109600-530100 Page 1 City of Clearwater Printed on 1/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7282 Agenda Date: 1/16/2020 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare surplus certain real property located in Section 17, Township 29 South, Range 16 East (city-owned David Avenue property) for the purpose of exchanging the David Avenue property for certain property owned by Creative Contractors, Inc. at Drew Street and North Garden Ave.; approve the related Contract for Exchange of Real Property between Creative Contractors, Inc. and the City of Clearwater and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. (APH) SUMMARY: The city-owned David Avenue Property is 5.68 acres of unimproved land that was acquired by the city on October 3, 1997 for $386,000.00. The site was purchased in order to replace a collapsing stormwater system on the property which was addressed after the purchase. A new stormwater pipe relining project is underway and will be completed prior to closing of the land exchange. The site consists of two contiguous parcels identified by the Pinellas County Property Appraiser as 17-29-16-00000-130-0900 and 17-29-16-34650-000-0340, which are legally described in Exhibit B of the contract. The property owned by Creative Contractors, Inc. is located at 618-620 Drew St., and is a 0.72-acre site containing a building with 8,176 square feet of office space, a parking lot, and unimproved land. The site is located at the northern perimeter of Downtown Clearwater in the strategic Old Bay Character District. The site consists of three contiguous parcels identified by the Property Appraiser as 09-29-15-44352-006-0030, 09-29-15-44352-006-0050, and 09-29-15-44352-006-0070, and which are legally described in Exhibit A of the contract. The exchange is contingent upon the following: declaration of the city property as surplus; City Council approval of certain vacating ordinances related to the David Avenue property as contemplated in the contract; the reservation of new easements as contemplated in the contract; certain wellhead restrictions as contemplated in the contract; and the City being granted adequate access to Creative Contractor’s property for purposes of conducting inspections and investigations, including environmental investigations. If any of the contingencies aren’t met, the contract will become null and void. An independent appraisal was performed by Tobias Realty Advisors, LLC on both sites in the proposed property exchange. The City’s David Avenue property’s fair market value was determined to be $655,000 as of December 22, 2018 and the Creative Contractor’s Drew Street Property was determined to have a $685,000 fair market value as of December 7, 2018. With the proposed land exchange, the City will receive a property with a higher appraised value which is located in the strategic downtown core. Page 1 City of Clearwater Printed on 1/13/2020 File Number: ID#19-7282 Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. The closing date in the property exchange contract between the City and Creative Contractors contemplates the closing will occur on or before October 1, 2020. City closing costs are not to exceed $6,000. The parties agree that after closing of the property exchange, Creative Contractors will leaseback from the City, the Drew Street property at the market lease rate determined to be $4,155.56 monthly. The term of the lease is for a period of 18 months and can be terminated with 60-days’ notice. The leaseback will allow Creative Contractors to remain in their Drew street office while their new office building is being constructed on the David Avenue property. APPROPRIATION CODE AND AMOUNT: 4191365-530100 Funding is available in Stormwater Management 1365-530100, Professional Services for closing costs. Page 2 City of Clearwater Printed on 1/13/2020 APPRAISAL OF UNDEVELOPED LAND (5.68 ACRES MOL) (CITY OF CLEARWATER) DAVID AVENUE CLEARWATER, FLORIDA 33759 (8148) FOR ROBERT BRZAK, REAL ESTATE SERVICES COORDINATOR CITY OF CLEARWATER 100 S. MYRTLE AVENUE REAL ESTATE SERVICES CLEARWATER, FL 33756 February 26, 2019 Robert Brzak, Real Estate Services Coordinator Real Estate Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Dear Mr. Brzak: Re: Appraisal of Undeveloped Land (5.68 Acres MOL) (City of Clearwater) David Avenue, Clearwater, Florida 33759 As requested, I have made a detailed investigation, analysis, and appraisal of the fee simple interest of the referenced property, legally described later in the report. This appraisal has been prepared for our client, City of Clearwater; Intended Use- Assist client in possible sale of subject property in a swap transaction. Intended user- City of Clearwater. In my opinion, the fee simple interest of appraised property, Undeveloped Land (5.68 Acres MOL) (City of Clearwater), David Avenue, Clearwater, Florida 33759, had a market value “AS IS”, as of the effective date, December 22, 2018, of SIX HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($655,000). The report is an Appraisal Report, which has been prepared in compliance with the provisions of FIRREA, USPAP, the Interagency Guidelines, and the specific contractual requirements of the client, City of Clearwater. The appraiser meets the competency requirements of USPAP for this assign- ment. The appraiser has not previously appraised subject property nor provided other professional services with respect to it in the last three years. Respectfully submitted, TOBIAS REALTY ADVISORS, LLC C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 C Richard Tobias AERIAL VIEW OF SUBJECT NEIGHBORHOOD AERIAL VIEW OF SUBJECT FROM SOUTH ACCESS PARCEL (LOT 34); VIEW FROM DAVID AVENUE TO EAST PRODUCTION WELL HEAD IN SOUTH CENTER SECTION OF SITE RACETRACK FUEL/CONVENIENCE FACILITY SOUTH OF SUBJECT VIEW NORTH ALONG WEST LOT LINE TO HEAVILY WOODED AREA VIEW SOUTH FROM NW CORNER OF TRACT; STORMWATER PIPES ALONG WEST LOT LINE AT RIGHT OF PHOTO VIEW SOUTH FROM NE CORNER OF TRACT ISLAND IN THE SUN MOBILE HOME PARK NORTH OF SUBJECT ELIZABETH AVENUE ACCESS POINT IN NE SECTION OF TRACT HEAVILY WOODED NE SECTION OF TRACT VIEW SOUTH ON ELIZABETH AVENUE TOWARD SR 60 NEWER HOMES IN NORTH SECTION OF ELIZABETH AVENUE VIEW SOUTH ON DAVID AVENUE TOWARD SR 60 TOBIAS REALTY ADVISORS, LLC 2 APPRAISAL REPORT Property Identification: Undeveloped Land (5.68 Acres MOL) (City of Clearwater), David Avenue, Clearwater, Florida 33759; the tract is located between David Ave- nue and Elizabeth Avenue 225 feet north of Gulf to Bay Boulevard (SR 60); site is also lo- cated in the Bayview area of east Clearwater near Clearwater Mall and US Highway 19. Client: Robert Brzak, Real Estate Services Coordinator City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Client Type: Municipality Appraiser: C. Richard Tobias, MAI State Certified General Appraiser, RZ705 Purpose of the Appraisal: To provide the client with an opinion of market value “as is” as defined by the Interagency Ap- praisal and Evaluation Guidelines. USPAP Competency: The appraiser has 38 years of experience in commercial properties of subject’s type in Pinel- las County, Florida. Market Value is “The most probable price which a property should bring in a competitive and open market un- der all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assum- ing the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by any- one associated with the sale.” 1 1 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury; December 2010. TOBIAS REALTY ADVISORS, LLC 3 Intended Use Of Report: Assist client in possible sale of subject property in a swap transaction Intended User: City of Clearwater Interest Valued: Fee simple Property Owner: City of Clearwater 3-Year Sales History: City has owned property since 1997; no market- ing history in last 5 years. Date of Inspection: December 22, 2018 Effective Date of Value: December 22, 2018 Scope of Work:  Inspection of the subject property;  Analysis of regional and neighborhood data with emphasis upon the market for small, residential, infill sites;  Description of property and improvements;  Analysis of zoning, utilities, services, prop- erty taxes, site, and improvements;  Highest and best use analysis; as vacant and as improved;  Cost approach to value was excluded as there are no building improvements, only municipal utility infrastructure;  Sales comparison approach utilizing recent comparable sales of residential sites in the central and north Pinellas markets; adjust- ments were made to the comparable sales where they materially differed from the sub- ject property; comparables were analyzed on basis of price per square foot of land area; comparables were ranked based on their overall comparability; results of this analysis identified the market value of this property “as is” in fee simple interest;  Income capitalization approach was exclud- ed as it is inapplicable for residential tracts in this market; TOBIAS REALTY ADVISORS, LLC 4  Reconciliation of the methodology and data to provide conclusion of market value “as is” in fee simple interest. Legal Description: See report addenda Zoning: US 19; City of Clearwater; as such there is a wide variety of permitted uses. The Level 1 uses with minimum standards (BCP) include multi- family, ALF, bars, brewpubs, congregate care facilities, educational facilities,, indoor recrea- tion, light assembly, offices, hotels, parks/recreation facilities, research/technology facilities, restaurants, retail, schools, telecom- munications towers, and veterinary offices. In addition to the above permitted uses, Level 1 flexible standard uses include educational facili- ties, government uses, micro-breweries, and nightclubs. Designated Street Type: D (David Avenue) Maximum FAR: 2.5 (would yield building of 619,000 sq. ft. MOL) Maximum Residential Density: Function of FAR and maximum building height Maximum Hotel Density: Function of FAR and maximum building height Maximum Building Height: 150 feet Minimum Parking (Multi-family): 1.5 per Unit Future Land Use Plan (FLUP): US 19 Regional Center; current zoning and ex- isting use are consistent with FLUP. Tax Parcel Numbers: 17-29-16-00000-130-0900 17-29-16-34650-000-0340 Property Assessment (2018): $602,165 Millage Rate (2018): 20.9154 Real Estate Taxes (2018): $0; exempt as municipal property. DeLorme Street Atlas USA® 2013 NEIGHBORHOOD MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.6°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 12,000 1" = 1,000.0 ft Data Zoom 14-1 TOBIAS REALTY ADVISORS, LLC 5 Neighborhood Description: The subject property is located between David Avenue and Elizabeth Avenue 225 feet north of Gulf to Bay Boulevard (SR 60); site is also located in the Bayview ar- ea of east Clearwater near Clearwater Mall and US Highway 19. Clearwater is the county seat of Pinellas County and its second largest municipality (115,276); it is located in north central Pinellas and spans roughly two-thirds of the peninsula from Clearwater Beach eastward to McMullen- Booth Road approximately 0.6 miles east of the subject site; Downtown Clearwater, site of the courthouse and county government offices, is located 4.5 miles due west of the subject property via SR 60. According to the 2000 U.S. Census, the population of Clearwater was 108,332, making it the second largest community in Pinellas County behind St. Petersburg (247,894); as of 2010 Clearwater’s population had de- clined slightly to 107,957; as of 2018 the population has grown by 6.8% to 115,276. St. Petersburg is located at the south end of the county, approximately 12 miles south of the subject property. Clearwater is a sprawling com- munity bounded on the north by Palm Harbor and Dune- din and on the south by Largo; and on the east by Safety Harbor. U.S. Highway 19 is a six-lane, limited access highway; there is an elevated interchange with Gulf-to-Bay Boule- vard, 0.6 miles west of the subject. It is the primary north/south artery in Pinellas County and along much of Florida's west coast. According to the latest FDOT Traf- fic Count Map, approximately 109,500 cars utilize this roadway daily in Clearwater. Gulf-to-Bay Boulevard (SR 60) is a six-lane, east/west artery spanning the center portion of Clearwater; it lies ½ mile south of Drew Street and is the primary commercial artery linking US Highway 19 and the CBD; daily traffic count is 51,000 just east of US Highway 19 in the subject vicinity. TOBIAS REALTY ADVISORS, LLC 6 Drew Street (SR 590) is ½ mile north of the subject and acts as an alternative east/west artery linking US High- way 19 and McMullen Booth Road (CR 611) with the CBD; it carries 23,099 cars per day in the subject area. Belcher Road (CR 501) is 1.5 miles west of the subject; it is a 4-lane, north/south artery linking Clearwater with Largo and Seminole to the south as well as Dunedin and Palm Harbor to the north; traffic count is 20,918 north of Gulf-to Bay. McMullen Booth Road (CR 611) is 0.6 miles east of the subject where it links with the Bayside Bridge extending south to St. Petersburg-Clearwater Airport (PIE) and Ulmerton Road; latest traffic count is 63,000; this high- way acts as an alternative north/south artery to US High- way 19. The highway infrastructure described above provides av- erage to good access to most population centers through- out Pinellas County and the greater Tampa Bay area. Access is particularly good from Largo, Dunedin, and Safety Harbor to the east as well as the Clearwater CBD Core. The City of Clearwater embarked in early 2018 on the design phase of Imagine Clearwater, a beautification and revitalization project covering 66 acres in the Coachman Park area overlooking Clearwater Harbor. This will in- clude an expansion of the band shell to encourage larger entertainment opportunities in Downtown, thus driving greater demand for goods and services for Clearwater businesses. This project, which will follow the extensive infrastructure investments of recent years (Memorial Causeway Bridge, Town Lake drainage, Cleveland Street re-design, Capitol Theater rehab, and others) should pro- vide the impetus for additional Downtown housing simi- lar to what has been experienced in St. Petersburg and Tampa. The subject neighborhood (Bayview), which lies at the east perimeter of the city, is an area in transition. It had been characterized by the numerous mobile home parks TOBIAS REALTY ADVISORS, LLC 7 developed along Gulf-to-Bay in the 1950’s through the 1970’s; a number of these flank the subject on the east and north; the largest and best quality of these is Island in the Sun lying immediately north of the subject tract. Some of the mobile home parks lying south of Gulf-to- Bay (fronting Old Tampa Bay) have been redeveloped in the last few years as high quality, multi-family residential projects. There are also high quality rental apartments ¼ mile west of the subject in the Park Place mixed-use de- velopment in the northeast quadrant of Gulf-to-Bay and US Highway 19. Other similar properties dating from the 1980’s and 1990’s lie along Drew Street in the neighbor- hood. Because of the major highway interchange just west of the subject, we find some of the largest commercial prop- erties in the city; these include Clearwater Mall (1/4 mile southwest), Baycare Health headquarters facility (1/4 mile northeast), Park Place offices (1/4 mile west), and numerous auto dealerships and hotels along US Highway 19. There continues to be expansion of the retail and res- taurant sectors along the Gulf-to-Bay corridor in the sub- ject area. The original Hooters restaurant and a Pete & Shorty’s pub are just 0.1 miles southwest; the Hooters Management Company has a large headquarters facility just west of David Avenue. Located just south of the subject on the north side of Gulf-to-Bay are two automotive/retail properties, Tire Kingdom and Racetrac Petroleum (convenience/fuel). There are also new McDonalds and Taco Bell franchise stores in this area. David and Elizabeth Avenues are narrow local streets ex- tending north from Gulf-to-Bay roughly 1,000 feet termi- nating at the Island in the Sun Mobile Home Community. Single-family dwellings are found along these roads; some date from the 1960’s but there have been others built after 2000. Most are relatively modest 2 and 3- bedroom homes with attached garages. TOBIAS REALTY ADVISORS, LLC 8 Demographics of the subject’s primary market (1-mile radius) may be found on the chart on page 9; these are compared to City of Clearwater and Pinellas County:  Median age (39.9) much younger than city and county  Relatively dense population with much higher re- cent growth than city and county due to new apartment complexes  Average household size (2.05) smaller than city and county  Home ownership ratio roughly half of city and county levels  Rental component 20+ points higher than city and county  Household income 13 points below county and 7 points below city  Median home value roughly half of city and coun- ty levels  Shelter spending index 15 points below county and 13 points below city  Other spending indexes in the 71% to 72% of na- tional levels The demographics of the subject area are clearly below average in terms of the broader market. However, the de- fined market area includes numerous apartment complex- es that house one or 2-person tenancies with relatively high rent levels. It is this demographic segment that would form the market for workforce housing in a devel- opment of the subject site. Assuming national economic prosperity continues, the Bayview neighborhood should continue to be a focus of commercial and residential expansion with older, lower quality and obsolete properties being replaced, a pattern that has been established in most of the major nodes in Pinellas County. 8148dem Demographic Analysis City of Clearwater Tract David Avenue Clearwater, FL 33759 Study Area 1-Mile Radius Clearwater Pinellas County Population 2000 11,879 108,332 921,482 Population 2010 10,079 107,957 916,542 Change -1,800 -375 -4,940 % Change -15.2% -0.3% -0.5% Population 2018 12,199 115,276 968,109 % Change (2010-2018) 21.0% 6.8% 5.6% Median Age 2010 37.0 43.8 46.2 Median Age 2018 39.9 46.0 48.9 Median Age 2023 41.6 47.0 50.0 Households 2000 5,187 48,274 414,968 Households 2010 4,728 47,814 415,876 Change -459 -460 908 % Change -8.8% -1.0% 0.2% Households 2018 5,363 50,254 433,534 % Change (2010-2018) 13.4% 5.1% 4.2% Avg Hshld Size 2000 2.16 2.17 2.17 Avg Hshld Size 2010 2.04 2.18 2.16 Avg Hshld Size 2018 2.05 2.22 2.19 Housing Units 2018 6,747 59,367 521,842 Owner-Occupied Hshlds 1,727 28,081 273,445 % Total Households 25.6% 47.3% 52.4% Renter-Occupied Hshlds 3,637 19,710 160,205 % Total Households 53.9% 33.2% 30.7% Median Household Income 2018 $43,044 $46,686 $49,730 As % of County Median 86.6% 93.9% 100.0% Median Home Value 2018 $97,146 $196,477 $192,639 As % of County Median 50.4% 102.0% 100.0% % White Collar Employment 54.6% 64.8% 65.1% % Services Employment 23.0% 18.3% 18.8% % Blue Collar Employment 22.4% 16.9% 16.1% Civilian Unemployment 2018 2.7% 3.8% 4.2% Apparel/Services Spending Index 70% 82% 85% Shelter Spending Index 72% 85% 87% Healthcare Spending Index 71% 85% 90% Restaurant Spending Index 72% 83% 87% Source: ESRI Market Profile 9 TOBIAS REALTY ADVISORS, LLC 10 Utilities/Services: Water: Clearwater Sewer: Clearwater Electric: Duke Energy Telephone: Frontier Communications Police: Clearwater Police Department Fire/EMS: Clearwater Fire & Rescue Public Transportation: PSTA (bus) Site Data: Physical Location: The subject property is located between David Av- enue and Elizabeth Avenue 225 feet north of Gulf to Bay Boulevard (SR 60). Data Sources: Survey of David Avenue Property; Cumbey & Fair, Inc.; August 12, 1997; Pinellas Property Ap- praiser’s maps and records; utility infrastructure aerial by City of Clearwater Land Area: 247,535 square feet or 5.68 acres MOL Configuration: Irregular, flag-shape Site Position: Interior Tract Dimensions: 200’ x 1,046’ (main section) + 100’ x 300’ (north- east section) Primary Frontage: 60 Feet MOL; David Avenue Secondary Frontage: 300 Feet MOL; Elizabeth Avenue extension Average Depth: 200 Feet MOL (east/west); 300 feet in north sec- tion Topography/Drainage: Level site at or above road grade; some poorly drained area in the east section (wetlands creek- bed) TOBIAS REALTY ADVISORS, LLC 11 Easements: 15-Foot utility and drainage easement along west lot line; 20-foot utility and drainage easement along north lot line; 10-foot drainage and utility easement along east lot line; 30-foot ROW ease- ment along path of Elizabeth Avenue extension in northeast corner of site; 15-foot ingress/egress easement along Elizabeth Avenue (by deed); Eliz- abeth Avenue appears to be a private ROW not regularly maintained by the City of Clearwater. Encroachments: None apparent Flood Designation: Zone X-Unshaded, area of minimal flood hazard; FEMA Map Panel 12103C 0128G; September 3, 2003 Access: Direct from Gulf-to-Bay Boulevard to David Ave- nue (60’ ROW) to Lot 34 at southwest section of subject tract; Elizabeth Avenue (private ROW) at east side of site would likely function as a second- ary point of access for emergency vehicles, etc. Conclusion: The site’s primary assets are its centralized loca- tion in the US Highway 19/Gulf-to-Bay node, level topography and non-flood hazard status per FEMA; site’s negative aspects are interior position, narrow/deep configuration, wetland area in east section; and city production well with 100-foot protected area in south section. TOBIAS REALTY ADVISORS, LLC 12 Improvement Data: Subject tract is primarily undeveloped land that would be considered an infill development site. Only improvements of note are municipal utility infrastructure such as the production well in the south section of the tract. Also, there are stormwater lines in the 15-foot easement area along the west lot line; at the north end of this easement is a catch basin. In addition, there is a 6-foot, chain-link, perimeter fence securing the well head. TOBIAS REALTY ADVISORS, LLC 13 Highest and Best Use: The subject property is an interior site just north of a ma- jor, east/west corridor in the Bayview section of Clearwa- ter. It has some favorable aspects that are balanced by some negative conditions. The positive factors include: 1- Location 225 feet north of Gulf to Bay Boulevard (SR 60), with traffic count of 51,000 daily 2- Centralized location in the US Highway 19/Gulf-to- Bay node near Clearwater Mall and Park Place 3- Primary access point via David Avenue to narrow neck at southwest corner of tract 4- All public utilities and services available 5- Zoning is US 19 with broad commercial and multi- family residential applications 6- Future Land Use Plan is US 19 Regional Center 7- Good highway infrastructure linking several commu- nities in Pinellas County 8- Supporting uses and employment opportunities in immediate area 9- Site is designated as minimal flood hazard 10- Generally level and slightly elevated land in majority of tract 11- Secondary point of access via Elizabeth Avenue (pri- vate easement) 12- Steady improvement in commercial market since 2012 with upward trend in rents and occupancy 13- Residential market in 6th year of steady recovery in Pinellas County 14- Better credit availability than 2009-2012 period 15- Steady improvement in employment in Pinellas County and Tampa Bay area The subject property also has some negative aspects that include: 1- Interior site position with limited paved road frontage 2- Irregular configuration and a narrow/deep shape 3- Older, lower quality homes predominant on David and Elizabeth Avenues 4- City production well and its 100-foot protective radi- us eliminates the southerly 0.9 acres MOL for devel- opment TOBIAS REALTY ADVISORS, LLC 14 5- Wetlands in the wooded creekbed in the tract’s east section eliminates the impacted area for development 6- Off-highway location effectively eliminates most of the commercial applications and ALF or congregate care uses Given the generally positive assessment of the subject property and its market, I have concluded highest and best use (vacant) to be multi-family residential develop- ment, most likely in the form of affordable townhouse or villa project. Many of these developments are now occur- ring on secondary, infill sites throughout Pinellas, which suffers an acute shortage of usable land. Also, in my opinion, the tract would be limited to a densi- ty of roughly 7 units per acre (40 units MOL) because of the narrow/deep shape and the protected areas (wellhead and wetlands). Considering the improved property (utility infrastruc- ture), I would conclude the same highest and best use as outlined above. Marketability: Subject property’s marketability is rated average at this time. This assessment is based on the economic factors enumerated in the highest and best use analysis and the input of local commercial brokers. Potential buyers are likely to be local developers seeking a site for affordable, “for sale” housing. Estimated Marketing Time: 12 months Estimated Exposure Time: 12 months TOBIAS REALTY ADVISORS, LLC 15 Valuation Process: Cost approach was excluded as there are no building improvements, only municipal utility infrastructure. Sales comparison approach is normally the only reliable method of valuing small land tracts in this market; this approach has been applied and the unit of measure is price paid per square foot of land area. Income capitalization approach was excluded as it is inapplicable for residential tracts in this market. TOBIAS REALTY ADVISORS, LLC 16 Sales Comparison Approach- The procedure involves estimation of land value (as though vacant) by the sales comparison approach, comparing subject site with similar sites which have recently sold. These compa- rable sales are reduced to a common denominator or unit of comparison, such as price per square foot or price per front foot. Adjustments are made to the sale properties for such fac- tors as changes in market conditions since date of sale, zoning, location, and physical charac- teristics, reducing dissimilarities and arriving at an estimate of value for the subject site. I have selected five, recent land sales from the Pinellas market as the best indicators of sub- ject’s land value. The comparable sales closed between February 2016 and September 2018. The local market has been trending upward over this period; therefore, the older sales were adjusted upward for market conditions. The sales reflected cash terms or conventional bank financing and therefore, there was no need for adjustments for favorable financing. The reader is referred to the Comparable Land Sales chart in this section, which summariz- es the comparative analysis on a price per square foot basis. Land Sale 1 is the purchase in June 2018 of a 2.03-acre, marginally developed property 4.6 miles northwest of the subject in Dunedin; the location was rated much superior to the sub- ject in terms of demographics and supporting uses; other downward adjustments were also necessary for smaller land size, superior physical factors, and other development obstacles (wellhead and wetlands); an upward adjustment was indicated for obsolete structures (requir- ing demolition); other categories produced neutral comparisons; Sale 1 indicated a unit value of $3.46 per square foot, which is 26.7% greater than the mean of the data ($2.73). Land Sale 2 is the purchase in February 2016 of a 5.02-acre, undeveloped property 4.0 miles northwest of the subject in Dunedin; first, upward adjustment was required for market im- provement since early 2016; the location was rated much superior to the subject in terms of demographics and supporting uses; other downward adjustments were also necessary for su- perior physical factors, higher density, and other development obstacles (wellhead and wet- lands); other categories produced neutral comparisons; Sale 2 indicated a unit value of $3.71 per square foot, which is 35.9% greater than the mean of the data ($2.73). Land Sale 3 is the purchase in July 2017 of a 1.73-acre, undeveloped property 3.5 miles southwest of the subject in Clearwater; first, upward adjustment was required for market im- provement since mid-2017; the location was rated superior to the subject in terms of de- mographics and supporting uses; other downward adjustments were also necessary for smaller land size, superior physical factors, higher density, and other development obstacles (wellhead and wetlands); the development obstacles adjustment was partially offset by the buyer’s responsibility of securing a zoning change; other categories produced neutral com- parisons; Sale 3 indicated a unit value of $2.22 per square foot, which is 18.7% less than the mean of the data ($2.73). TOBIAS REALTY ADVISORS, LLC 17 Land Sale 4 is the purchase in September 2018 of a 6.19-acre, undeveloped property 5.7 miles southwest of the subject in Seminole; the location was rated superior to the subject in terms of demographics and supporting uses; other downward adjustments were also neces- sary for superior physical factors and other development obstacles (wellhead and wetlands); an upward adjustment was indicated for its lower density; other categories produced neutral comparisons; Sale 4 indicated a unit value of $2.32 per square foot, which is 15.0% less than the mean of the data ($2.73). Land Sale 5 is the purchase in November 2016 of a 4.88-acre, undeveloped property 5.7 miles southwest of the subject in Seminole (adjacent east of Sale 4); the location was rated superior to the subject in terms of demographics and supporting uses; other downward ad- justments were also necessary for superior physical factors and other development obstacles (wellhead and wetlands); an upward adjustment was indicated for its lower density; other categories produced neutral comparisons; Sale 5 indicated a unit value of $1.92 per square foot, which is 30.0% less than the mean of the data ($2.73). The adjusted unit values of the five comparables range from $1.92 (Sale 5) to $3.71 (Sale 2), resulting in a broad variance of 93%. The adjusted mean price was $2.73 per square foot and the median was $2.32. I have assigned statistical weights to the sales based upon their overall degree of comparabil- ity. Sales 4 and 5 clearly emerge as the most relevant indicators of value for the subject site as they required fewer and smaller adjustments than the other sales. The weighted mean of the data was slightly less than the natural mean. Therefore, based upon my analysis of the five comparable sales, I have selected a unit value of $2.65 per square foot for the subject site: 247,535 sq. ft. @ $2.65 = $655,968 Rounded, $655,000 8148LS Comparable Land Sales Sale Number Subject 1 2 3 4 5LocationBetween David & Elizabeth Avenues; 225 feet N of Gulf-to-Bay BlvdS/S San Christopher Dr, 0.1 Mi W of CR 1; 0.1 Mi N of SR 5801060 Scottsdale St; N/S Scottsdale St; 0.1 Mi E of Patricia AvW/S Highland Av; 0.1 Mi N of Belleair Rd9100 82nd Av; S/S 82nd Av 0.1 Mi W of Starkey RdS/S 82nd Av; 272' W of Starkey Rd; adjacent East of Sale 4Clearwater Dunedin Dunedin Clearwater Seminole SeminoleDate Dec-18 Jun-18 Feb-16 Jul-17 Sep-18 Nov-16OR Book/Page N/A 20089/700 19074/657 19692/824 20202/240 19414/1182GRANTOR N/A Karen A Sullivan, Tr Dunedin Commons, LLC Park and Eleazer, LLC Tracy Hatfield-Schmorr etal Paul D MasonGRANTEE N/A Gulfwind Contracting, LLC Beazer Homes Corp Odin Enterprises, Inc KB Home Tampa, LLC Gulfwind Contracting, LLCParcel Number17-29-16-00000-130-0900 26-28-15-94078-000-0090 35-28-15-00000-310-0100 23-29-15-79254-002-0010 etal 26-30-15-70740-100-1901 26-30-15-69185-000-0010 etalPrice N/A $712,000 $1,400,000 $275,000 $803,000 $475,000Gross Land Area (SF) 247,535 88,500 218,671 75,510 269,632 212,480Price Per Sq Ft N/A $8.05 $6.40 $3.64 $2.98 $2.24Gross Land Area (AC) 5.68 2.03 5.02 1.73 6.19 4.88Zoning US 19 PRD PR-MU O and LMDR; now MDR RLM RLMImprovements at Time of SaleWellhead & utilitiesOlder SF dwlg; razed NoneNoneNone NoneProbable/Approved Density 7.0 5.9 11.2 14.4 4.8 4.9Probable/Approved No of Units 40 12 56 25 30 24Price Per Unit N/A $59,333 $25,000 $11,000 $26,767 $19,792Highest/Best Use Townhouse or villa complex Townhouse or villa complex Townhouse complex Townhouse complex Residential Subdivision Townhouse or villa complexTract Shape Flag-shaped Square Rectangle; slight irregular L-Shaped L-Shaped RectangleCommentsTract lies 225' N of SR 60 just NE of Mall; negatives include narrow shape, city wellhead, limited access, and wetlandsTract located bewteen Post Office and senior villa community; being developed as 12-lot Villas at San Christopher with single culdesacTract is east section of Dunedin Commons, a planned redevelopment of former AC Nielsen headquarters; no negative aspectsTract is directly opposite a Publix-anchorednbhd retail center; Office zoning prevented development in pastTract is located in an area experiencing considerable in-fill development of homes and villas by major buildersTract developed as Pinecrest Villas; sold out in roughly 8 months at mean price of $295,000 (1,528 or 1,701 SF)Utilities All Available All Available All Available All Available All Available All AvailableFinancing N/A CenterState BankCash SaleCash SaleCash SaleCenterState BankConfirming Source N/A Michael Willenbacher (Buyer) Gerald Cyr (Buyer) Andrew Park (Seller) Chris Bowers (Broker) Michael Willenbacher (Buyer)Prior Sales (3 yrs)None None Parent tract purchase; Dec 2015; $5,300,000 Dec 2015; $140,000None NoneADJUSTMENTSFinancing$0 $0 $0 $0 $0Cash Price Per Sq Ft $8.05 $6.40 $3.64 $2.98 $2.24Market Conditions0% 15% 5% 0% 15%Location-15% -15% -7% -5% -5%Land Size-10% 0% -10% 0% 0%Physical Factors-15% -10% -7% -5% -7%Density0% -12% -15% 3% 3%Osolete Structures3% 0% 0% 0% 0%Other Development Obstacles -20% -20% -5% -15% -20%Total Adjustment-57% -42% -39% -22% -14%Adjusted Price/Sq Ft$3.46 $3.71 $2.22 $2.32 $1.92 18 SALE #1: S/S SAN CHRISTOPHER DRIVE, DUNEDIN SALE #2: 1060 SCOTSDALE STREET, DUNEDIN SALE #3: W/S HIGHLAND AVENUE, CLEARWATER SALE #4: 9100 82ND AVENUE, SEMINOLE SALE #5: S/S 82ND AVENUE WEST OF STARKEY ROAD, SEMINOLE DeLorme Street Atlas USA® 2013 LAND SALES MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.6°W) 0 1 2 3 0 1 2 3 4 5 mikm Scale 1 : 137,500 1" = 2.17 mi Data Zoom 10-5 TOBIAS REALTY ADVISORS, LLC 19 Reconciliation: The subject of this appraisal is an undeveloped 5.68-acre tract of land located in the Bayview neighborhood of east Clearwater; it is situated between David Avenue and Elizabeth Avenue 225 feet north of Gulf to Bay Boulevard (SR 60) in the vicinity of Clearwater Mall and Park Place. The site has some good macro-locational aspects (US 19/Gulf-to-Bay node) and some micro-locational negatives (mobile home parks and lower quality dwellings). It is also bur- dened with a below average configuration, a wetlands component, and municipal well (with protective zone) that taken together, reduce the utility and desirability of the tract. Nonethe- less, with the acute shortage of usable land in Pinellas County I concluded highest and best use to be townhouse or attached villa development. The cost approach was excluded as there are no building improvements, only municipal utili- ty infrastructure. The income capitalization approach was also excluded as it is inapplicable for residential tracts in this market. The sales comparison approach is normally a highly reliable method of valuing residential land in this market; this approach has been applied and the unit of measure is price paid per square foot of land area. Sufficient recent (2016 through 2018) comparable data was availa- ble for analysis and was adjusted for all relevant differences. The five sales were drawn from the central and north Pinellas sub-markets and represent sites with similar proposed uses. Therefore, the conclusion of market value at $2.65 per square foot, $655,000, is judged to be well supported and credible. TOBIAS REALTY ADVISORS, LLC 20 CERTIFICATION This is to certify that, upon request for valuation by Robert Brzak, Real Estate Services Co- ordinator, City of Clearwater, I have personally inspected, collected, and analyzed various data, and appraised the fee simple interests of the Undeveloped Land (5.68 Acres MOL) (City of Clearwater) located at David Avenue, Clearwater, Florida 33759. The property is more fully described in the attached report. I certify that, to the best of my knowledge and belief:  The statements of fact contained in this report are true and correct.  The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclu- sions.  I have no present or prospective interest in the property that is the sub- ject of this report and no personal interest or bias with respect to the parties involved.  I have no bias with respect to the property that is the subject of this re- port or to the parties involved with this assignment.  My engagement in this assignment was not contingent upon develop- ing or reporting predetermined results.  My compensation for completing this assignment is not contingent up- on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  My analyses, opinions, and conclusions were developed, and this re- port has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).  The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Profes- sional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. TOBIAS REALTY ADVISORS, LLC 21  I have made a personal inspection of the property that is the subject of this report.  No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I have completed the requirements under the continuing educa- tion program of the Appraisal Institute. The appraiser is qualified to appraise this property with respect to the Competency Provision of USPAP. The appraiser had not previously appraised subject property nor provided other professional services with respect to it in the last three years. This certificate is in accordance with the Uniform Standards of Professional Appraisal Prac- tice Standard Rule 2-3 and with the Appraisal Institute's Supplemental Standards of Profes- sional Practice. The reader should review the assumptions and limiting conditions included in this report. C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 C Richard Tobias TOBIAS REALTY ADVISORS, LLC 22 ASSUMPTIONS AND LIMITING CONDITIONS 1. The conclusions as to market value contained herein represent the opinion of the under- signed and are not to be construed in any way as a guarantee or warranty, either ex- pressed or implied, that the property described herein will actually sell for the market value contained in this opinion. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. No furniture, furnishings, or equipment, unless specifically indicated herein, has been included in my value conclusions. Only the real estate has been considered. 4. The property is appraised free and clear of all encumbrances, unless otherwise noted. 5. No survey of the property was made or caused to be made by the appraiser. It is assumed the legal description closely delineates the property. It was checked with public records for accuracy. Drawings in this report are to assist the reader in visualizing the property and are only an approximation of grounds or building plan. 6. It is assumed that there are no hidden or unapparent conditions of the property's subsoil or structure that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. Subsurface rights (minerals, oil, or water) were not considered in this report. 8. All value estimates have been made contingent on zoning regulations and land use plans in effect as of the date of appraisal, and based on information provided by governmental authorities and employees. 9. It is assumed that all applicable zoning and land use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined, and considered in the appraisal report. 10. It is assumed that all required licenses, certificates of occupancy, consents, or other leg- islative or administrative authority from any government or private entity or organiza- tion have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. TOBIAS REALTY ADVISORS, LLC 23 11. This appraisal report covers only the premises herein; and no figures provided, analysis thereof, or any unit values derived are to be construed as applicable to any other proper- ty, however similar they may be. 12. Certain data used in compiling this report was furnished by the client, his counsel, em- ployees, and/or agent, or from other sources believed reliable. However, no liability or responsibility may be assumed for complete accuracy. 13. An effort was made to verify each comparable sale noted in the report. There are times when it is impossible to confirm a sale with the parties involved in the transaction; all sales are confirmed through public records. 14. The appraiser, by reason of this report, is not required to give testimony in court with reference to the property herein, nor obligated to appear before any governmental body, board, or agent, unless arrangements have been previously made therefore. 15. Estimates of expenses, particularly as to assessment by the County Property Appraiser and subsequent taxes, are based on historical or typical data. Such estimates are based on assumptions and projections which, as with any prediction, are affected by external forc- es, many unforeseeable. While all estimates are based on my best knowledge and belief, no responsibility can be assumed that such projections will come true. 16. Responsible ownership and competent property management are assumed. 17. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, were not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibil- ity is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field. TOBIAS REALTY ADVISORS, LLC 24 QUALIFICATIONS C. RICHARD TOBIAS, MAI EDUCATION: B.A., 1971, Boston College, School of Arts and Sciences Have passed or received credit for the following courses sponsored by the Appraisal Institute. 1A-1 Real Estate Appraisal Principles 1A-2 Basic Valuation Procedures 1B-1 Capitalization Theory and Techniques 2-1 Case Studies in Real Estate Valuation 2-2 Valuation Analysis and Report Writing 2-3 Standards of Professional Practice 6 Investment Analysis Attended numerous seminars sponsored by American Institute of Real Estate Appraisers (now Appraisal Institute), Society of Real Estate Appraisers (now Appraisal Institute), Flori- da State University, National Association of Mutual Savings Banks, and other financial insti- tution associations. Most recent appraisal course was Uniform Standards for Federal Land Acquisitions (June 2010), sponsored by the Appraisal Institute. Most recent seminar was Ap- praisal of Owner-Occupied Commercial Properties (November 2018). Florida State-Certified General Real Estate Appraiser RZ705 Expert witness in appraisal of real estate and businesses -- Circuit Court of Florida, Sixth District Federal Court, Middle District of Florida BUSINESS EXPERIENCE: 2015 to Present: Manager/owner, Tobias Realty Advisors, LLC, a firm specializing in appraisal and consulting in commercial and investment real estate in west central Florida. 1987 to 2015: Independent Contractor associated with Valuation Services, Inc. and To- bias Realty Advisors, LLC, firms specializing in appraisal and consulting in commercial and investment real estate. Assignments have included ap- praisal of a variety of commercial, industrial, and investment properties, as well as vacant land. Areas of specialization include churches, schools, convenience food/gasoline outlets, restaurants, retail centers, industrial, of- fices, medical/dental clinics, apartments, and lodging facilities. Appraisal TOBIAS REALTY ADVISORS, LLC 25 assignments have been prepared for financing, litigation, sale/purchase, and other functions. 1980 to 1987: Vice President, Warren Hunnicutt, Jr., Inc., Real Estate Appraisers and Consultants. Assignments included office buildings, shopping centers, in- dustrial facilities, residential developments, apartment buildings, resort properties, and closely-held businesses. 1979 to 1980: Associate Appraiser with L. T. Bookhout, Inc., Real Estate Appraisal and Consultation. Assignments included industrial facilities, special purpose properties, undeveloped land tracts, as well as historically significant properties being acquired by the National Park Service. 1977 to 1979: Commercial Loan Analyst/Appraiser with Poughkeepsie Savings Bank. Duties included appraisal of residential and commercial properties for mortgage loan purposes; review and recommendation of commercial loans to Board of Directors; field inspection and analysis of investment proper- ties in Southeast and Southwest United States. 1975 to 1977: Associated with Dutchess County Department of Real Property Tax and City of Beacon, New York in the assessment of properties for ad valorem taxation purposes. 1973 to 1975: Owned and operated masonry contracting firm specializing in custom resi- dential fireplaces, accent walls, exterior facades, etc. Independently registered Real Estate Broker -- State of Florida; BK348850 PROFESSIONAL AFFILIATIONS: MAI, Appraisal Institute Realtor, Florida Gulfcoast Commercial Association of Realtors (FGCAR) The Appraisal Institute conducts a program of continuing education for its designated mem- bers. MAI's who meet the minimum standards of this program are awarded periodic educa- tional certification. C. Richard Tobias is currently certified under this program. 2013 President, Florida Gulf Coast Chapter of Appraisal Institute ADDENDA JONATHAN ZACHEM, SECRETARYRICK SCOTT, GOVERNORSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFLORIDA REAL ESTATE APPRAISAL BDTHE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 475, FLORIDA STATUTESTOBIAS, CHARLES R JRDo not alter this document in any form.723 20TH AVE NLICENSE NUMBER: RZ705EXPIRATION DATE: NOVEMBER 30, 2020This is your license. It is unlawful for anyone other than the licensee to use this document.ST PETERSBURG FL 33704Always verify licenses online at MyFloridaLicense.com APPRAISAL OF OFFICE PROPERTY (BOMSTEIN/CREATIVE CONTRACTORS, INC.) 620 DREW STREET CLEARWATER, FLORIDA 33755 (8147) FOR ROBERT BRZAK, REAL ESTATE SERVICES COORDINATOR CITY OF CLEARWATER 100 S. MYRTLE AVENUE REAL ESTATE SERVICES CLEARWATER, FL 33756 February 13, 2019 Robert Brzak, Real Estate Services Coordinator Real Estate Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Dear Mr. Brzak: Re: Appraisal of Office Property (Bomstein/Creative Contractors, Inc.) 620 Drew Street, Clearwater, Florida 33755 As requested, I have made a detailed investigation, analysis, and appraisal of the fee simple interest of the referenced property, legally described later in the report. This appraisal has been prepared for our client, City of Clearwater; Intended Use- Assist client in possible acquisition of subject property in a swap transaction. Intended user- City of Clearwater. In my opinion, the fee simple interest of appraised property, Office Property (Bomstein/Creative Con- tractors, Inc.), 620 Drew Street, Clearwater, Florida 33755, had a market value “AS IS”, as of the effective date, December 7, 2018, of SIX HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($685,000). The report is an Appraisal Report, which has been prepared in compliance with the provisions of FIRREA, USPAP, the Interagency Guidelines, and the specific contractual requirements of the client, City of Clearwater. The appraiser meets the competency requirements of USPAP for this assign- ment. The appraiser has not previously appraised subject property nor provided other professional services with respect to it in the last three years. Respectfully submitted, TOBIAS REALTY ADVISORS, LLC C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 C Richard Tobias AERIAL VIEW OF SUBJECT NEIGHBORHOOD AERIAL VIEW OF SUBJECT FROM SOUTH AERIAL VIEW OF SUBJECT FROM NORTH AERIAL PLAT FRONT VIEW OF BUILDING FROM DREW STREET BUILDING VIEW FROM SOUTHEAST WITH MURAL IN PROCESS REAR VIEW FROM NORTHWEST WEST SIDE WITH DOCK-HEIGHT DOOR AND 2ND FLOOR SECTION STOREFRONT AREA WITH CUSTOM ENTRY DOOR CONFERENCE ROOM IN FRONT SECTION WITH QUALITY FINISHES UPGRADED KITCHEN FACILITY IN FRONT SECTION VIEW FROM FRONT LOBBY TO ELEVATED CENTER SECTION TYPICAL 2ND TIER OFFICE TYPICAL 3RD TIER OFFICE IN REAR SECTION 2ND FLOOR TRAINING ROOM WITH BASIC FINISHES ROOFTOP HVAC UNITS IN REAR SECTION OF BUILDING WOOD FRAME ROOF STRUCTURE ABOVE CEILING IN 2ND FLOOR SMALL UNFINISHED RECEIVING WAREHOUSE ON WEST SIDE STEEL GIRDER SUPPORTING UPPER STORY WOOD FLOOR JOISTS UNPAVED PARKING LOT IN NORTHWEST SECTION OF SITE SURPLUS LAND IN NORTHEAST SECTION OF SITE PAVED CARPORT PARKING DUE NORTH OF BUILDING PINELLAS TRAIL LOOKING NORTH FROM SUBJECT (LEFT) OLDER INDUSTRIAL BUILDING EAST OF PINELLAS TRAIL ON DREW ST. 2 STORY CHIROPRACTIC OFFICE ADJACENT WEST OF SUBJECT OLDER INDUSTRIAL BUILDING DUE SOUTH OF SUBJECT WITH MAJOR DOWNTOWN HIGH RISE PROPERTIES TWO BLOCKS SOUTH TOBIAS REALTY ADVISORS, LLC 2 APPRAISAL REPORT Property Identification: Office Property (Bomstein/Creative Contractors, Inc.), 620 Drew Street, Clearwater, Florida 33755; the 0.72-acre site is located on the north side of Drew Street (SR 590) 105 feet east of N. Garden Avenue and adjacent west of the Pinel- las Trail; site is also located at the north perime- ter of Downtown Clearwater in the Old Bay Character District. Client: Robert Brzak, Real Estate Services Coordinator City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Client Type: Municipality Appraiser: C. Richard Tobias, MAI State Certified General Appraiser, RZ705 Purpose of the Appraisal: To provide the client with an opinion of market value “as is” as defined by the Interagency Ap- praisal and Evaluation Guidelines. USPAP Competency: The appraiser has 38 years of experience in commercial properties of subject’s type in Pinel- las County, Florida. Market Value is “The most probable price which a property should bring in a competitive and open market un- der all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assum- ing the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by any- one associated with the sale.” 1 1 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury; December 2010. TOBIAS REALTY ADVISORS, LLC 3 Intended Use Of Report: Assist client in possible acquisition of subject property in a swap transaction Intended User: City of Clearwater Interest Valued: Fee simple Property Owner: Creative Contractors, Inc. and Alan C. and Nan- cy S. Bomstein 3-Year Sales History: Subject property has been owner-occupied by Creative Contractors, Inc. for several decades as the corporate headquarters. The subject property has not been listed for sale or been under contract during the last three years. Date of Inspection: December 7, 2018 Effective Date of Value: December 7, 2018 Scope of Work:  Inspection of the subject property (interior and exterior);  Analysis of regional and neighborhood data with emphasis upon the market for small of- fice properties in Downtown Clearwater;  Description of property and improvements;  Analysis of zoning, utilities, services, prop- erty taxes, site, and improvements;  Highest and best use analysis; as vacant and as improved;  Cost approach to value was excluded due to the age (61 years) of the building and the difficulty in accurately measuring deprecia- tion; also, this methodology carries much less credibility in the market for properties of this type, size, and age;  Sales comparison approach utilizing recent comparable sales of office properties in the Clearwater market; adjustments were made to the comparable sales where they material- ly differed from the subject property; com- parables were analyzed on basis of price per TOBIAS REALTY ADVISORS, LLC 4 square foot of building area; comparables were ranked based on their overall compara- bility; results of this analysis identified the market value of this property “as is” in fee simple interest;  Income capitalization approach was applied as a secondary method; however, market analysis indicated a low level of investor representation in properties of subject’s type, size, age, etc. in this location; compa- rable rental properties were analyzed and an income/expense proforma was constructed; this resulted in an expectation of net operat- ing income, which was capitalized at a mar- ket-based cap rate to an indication of market value from an investment perspective;  Reconciliation of the methodologies and da- ta to provide conclusion of market value “as is” in fee simple interest. Legal Description: East ½ of Lot 2, Lot 3, and Parts of Lots 4 and 5 West of Pinellas Trail; Lot 6 and the East 60 Feet of Lot 7, together with the vacated alley ad- jacent to Lots 4-6; all located in Block 6, Jones Subdivision of Nicholson’s Addition to Clear- water Harbor, as recorded in Plat Book 1, page 13, Public Records of Pinellas County, Florida. Zoning: D, Downtown District; City of Clearwater; as such there is a wide variety of permitted uses. The Level 1 uses with minimum standards in- clude multi-family, bars, brewpubs, congregate care facilities, medical clinics, museums, offic- es, hotels, places of worship, re- search/technology facilities, restaurants, retail, schools, and community centers. In addition to the above permitted uses, Level 1 flexible standard uses include educational facilities, government uses, micro-breweries, and night- clubs. Designated Street Type: C (Drew Street) TOBIAS REALTY ADVISORS, LLC 5 Maximum FAR: 0.5 (would yield building of 15,693 sq. ft. MOL) Maximum Residential Density: 35 units per acre (would yield roughly 25 units) Maximum Hotel Density: 35 units per acre Maximum Building Height: 45 feet Future Land Use Plan (FLUP): CBD, Central Business District; current zoning and existing use are consistent with FLUP. Character District: Old Bay Tax Parcel Numbers: 09-29-15-44352-006-0030 09-29-15-44352-006-0070 09-29-15-44352-006-0050 Property Assessment (2018): $482,421 Millage Rate (2018): 21.8854 Real Estate Taxes (2018): $10,557.91; tax collector reports property taxes are current. DeLorme Street Atlas USA® 2013 NEIGHBORHOOD MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.5°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 12,000 1" = 1,000.0 ft Data Zoom 14-1 TOBIAS REALTY ADVISORS, LLC 6 Neighborhood Description: The subject property is located on the north side of Drew Street (SR 590) 105 feet east of N. Garden Avenue and adjacent west of the Pinellas Trail; site is also located at the north perimeter of Downtown Clearwater in the Old Bay Character District. Clearwater is the county seat of Pinellas County and its second largest municipality (115,276); it is located in north central Pinellas and spans roughly two-thirds of the peninsula from Clearwater Beach eastward to McMullen- Booth Road; the city’s northerly limits are at Union Street approximately 1.9 miles north of the subject site; Down- town Clearwater, site of the courthouse and county gov- ernment offices, is situated just south of the subject property. According to the 2000 U.S. Census, the population of Clearwater was 108,332, making it the second largest community in Pinellas County behind St. Petersburg (247,894); as of 2010 Clearwater’s population had de- clined slightly to 107,957; as of 2018 the population has grown by 6.8% to 115,276. St. Petersburg is located at the south end of the county, approximately 12 miles south of the subject property; Downtown Clearwater (Core Ar- ea), site of the Pinellas County Courthouse and govern- ment center, is immediately south of the subject. Clearwater is a sprawling community bounded on the north by Palm Harbor and Dunedin and on the south by Largo; it extends across the Pinellas peninsula from Clearwater Beach eastward approximately 7 miles to Old Tampa Bay. U.S. Highway 19 is a six-lane, limited access highway; there is an elevated interchange with Gulf-to-Bay Boule- vard, 4.0 miles east of the subject. It is the primary north/south artery in Pinellas County and along much of Florida's west coast. According to the latest FDOT Traf- fic Count Map, approximately 109,500 cars utilize this roadway daily in Clearwater. Gulf-to-Bay Boulevard (SR 60) is a six-lane, east/west artery spanning the center portion of Clearwater; it lies ½ mile south of Drew Street and is the primary commercial TOBIAS REALTY ADVISORS, LLC 7 artery linking US Highway 19 and the CBD; daily traffic count is 52,500 just east of the intersection of Court Street and Highland Avenue; volume drops significantly to 5,000 in the northwest leg of Gulf-to-Bay, which links with Cleveland Street. Cleveland Street lies 0.2 miles south of the subject and provides linkage with the CBD; it extends 1.2 miles west, where it terminates at Coachman Park; Cleveland had formerly been the approach to Clearwater Causeway, which links the CBD with Clearwater Beach; following the construction of the new, elevated span the beach traf- fic is routed west on Court Street through the CBD. Court Street (SR 60) lies 0.4 miles south of the subject and provides linkage with the CBD; it extends from the Highland Avenue intersection west through the CBD to Clearwater’s Memorial Causeway (to Clearwater Beach); following the construction of the new span the beach traf- fic is now routed west on Court Street through the CBD, where the daily traffic count is 17,000. Drew Street (SR 590) is adjacent south of the subject and acts as an alternative east/west artery linking US Highway 19 with the CBD; it carries 13,100 cars per day in the subject area. Keene Road (CR 1) is 2.1 miles east of the subject; it is a 4-lane, north/south artery linking Clearwater with Largo and Seminole to the south as well as Dunedin and Palm Harbor to the north; traffic count is 27,359 south of Gulf- to Bay. North Ft. Harrison Avenue is 0.1 miles west of the sub- ject; it is a 2-lane, north/south roadway linking the Down- town Core Area with Old Bay District; at the Dunedin city limits it becomes Edgewater Drive; traffic count is 9,800 in Old Bay; South Ft. Harrison extends south from the Core Area accessing Morton Plant Hospital (1.0 miles south of subject) and the area known as South Gateway. The highway infrastructure described above provides av- erage to good access to most population centers through- TOBIAS REALTY ADVISORS, LLC 8 out Pinellas County and the greater Tampa Bay area. Ac- cess is particularly good from Largo, Dunedin, and Safety Harbor to the east as well as the Clearwater CBD Core. Morton Plant Hospital is a primary traffic generator for the CBD. It is the 5th largest medical center in the Tampa Bay area with 687 beds and 546 affiliated physicians; Morton Plant is also a major employer in the county with 2,200 employees. Similar to most major hospitals in the area it has attracted extensive satellite development of medical offices, clinics, outpatient centers, and other healthcare relate uses. Some ancillary office development has extended east of the Core Area but the bulk of this ac- tivity lies south of the CBD. As the county seat, downtown Clearwater is home to many Pinellas County government and agency offices that employ several thousand persons. The county court- house and government complex, which are located west of South Ft. Harrison between Court and Chestnut Streets, has steadily expanded over the last 20 years to the surrounding blocks. The City of Clearwater had housed its numerous employees and departments in several loca- tions throughout the downtown district. Another major factor that has influenced downtown Clearwater for the past two decades is the Church of Sci- entology (COS). This controversial religious sect has its international headquarters located in the Ft. Harrison Ho- tel, just north of the county courthouse. A substantial ad- ministrative staff is located at this facility on a permanent basis, and thousands of church members regularly visit Clearwater for extended periods of training and study. Over the years the COS has steadily expanded its proper- ty holdings throughout the Downtown Core area and northward into Old Bay. The church's headquarters has generated an enormous economic impact in terms of housing, retail sales and services in the downtown area. Several high-rise condominiums were built in downtown Clearwater during the recent development boom (2004 through 2006); most of these projects experienced stalled sellouts as the market collapsed in mid-2006, followed by TOBIAS REALTY ADVISORS, LLC 9 the credit crisis and national recession. A modest recov- ery commenced in 2013 with a resumption of condomini- um sales in Downtown. Also, a 257-unit, high-end, rental community (The Nolen) was developed in 2016/2017 in the Prospect Lake area east of Downtown. Other smaller multi-family projects have also had reasonable success in the recovery period in Downtown. The City of Clearwater embarked in early 2018 on the design phase of Imagine Clearwater, a beautification and revitalization project covering 66 acres in the Coachman Park area overlooking Clearwater Harbor. This will in- clude an expansion of the band shell to encourage larger entertainment opportunities in Downtown, thus driving greater demand for goods and services for Clearwater businesses. This project, which will follow the extensive infrastructure investments of recent years (Memorial Causeway Bridge, Town Lake drainage, Cleveland Street re-design, Capitol Theater rehab, and others) should pro- vide the impetus for additional Downtown housing simi- lar to what has been experienced in St. Petersburg and Tampa. The subject neighborhood (Old Bay), which lies at the northwest perimeter of the CBD, is an area in transition. It contains some of the oldest structures in the city, such as North Ward School (now closed) dating back to 1910. There are large, old, stately homes in Old Bay and many of these have been purchased and restored in the last 5 to 10 years. There has been some multi-family development such as the waterfront condominium a few blocks north- west of the subject and the more recent Garden Trail Apartments complex a few blocks north; the latter is a 76-unit, 3-story, workforce housing development adjacent to the Pinellas Trail. Closer to the subject we find older industrial properties such as lumber yards, warehouses, and service buildings transitioning to general and professional office uses. A chiropractic office, for example, lies adjacent west of the subject and a good quality law office (see Improved Sale 3) is situated at the northwest corner of Drew and N. Garden Avenue. Also, the blocks just south of Drew TOBIAS REALTY ADVISORS, LLC 10 Street in the subject vicinity have recently experienced a spike in assemblage purchases by COS affiliates and oth- er investors. The parcels south of Drew fall in the Down- town Core Character District and qualify for more intensive development in terms of FAR, residential densi- ty, and building height. The Old Bay District (subject property and those north of Drew) is a transition area to lower density residential lying farther north; as such, the maximum development intensity limits are lower than the Core District. Demographics of the subject’s primary market (10- minute drive) may be found on the chart on page 12; these are compared to City of Clearwater and Pinellas County:  Median age slightly younger than city and county  Relatively dense population with recent growth similar to city and county  Average household size (2.29) larger than city and county  Home ownership ratio 3 points below city and 8 points below county  Rental component 5 to 8 points higher than city and county  Household income 16 points below county and 10 points below city  Median home value 7 points below county and 9 points below city  Shelter spending index 12 points below county and 10 points below city  Restaurant spending 13 points below county and 9 points below city The demographics of the subject area are clearly below average in terms of the broader market. However, the de- fined market area includes some of the lowest income sections of the city, which have skewed the composite figures downward. In this case there is a substantial com- ponent of higher income households found in the newer condominiums and apartments in Downtown and along the Clearwater Harbor waterfront north and south of the TOBIAS REALTY ADVISORS, LLC 11 Core. It is this demographic segment that would form the market for upscale housing in a redevelopment of the subject site and nearby parcels. Assuming national economic prosperity continues, Downtown Clearwater appears poised to finally achieve the growth and revitalization many of the urban centers in Florida have experienced in the last 5+ years. The Old Bay District will likely see new, high-end, waterfront condominium development in the next few years and the central and east sections should experience moderate- priced condominium and rental apartment development similar to the Nolen project in the Town Lake area east of the Core District. This will result in some block consoli- dation and assemblage with upward trending land prices where older obsolete structures are absorbed and razed. 8147dem Demographic Analysis Creative Contractors, Inc 620 Drew Street Clearwater, FL 33755 Study Area 10-Minute Drive Clearwater Pinellas County Population 2000 88,740 108,332 921,482 Population 2010 90,673 107,957 916,542 Change 1,933 -375 -4,940 % Change 2.2% -0.3% -0.5% Population 2018 96,124 115,276 968,109 % Change (2010-2018) 6.0% 6.8% 5.6% Median Age 2010 42.8 43.8 46.2 Median Age 2018 44.6 46.0 48.9 Median Age 2023 44.9 47.0 50.0 Households 2000 39,159 48,274 414,968 Households 2010 39,050 47,814 415,876 Change -109 -460 908 % Change -0.3% -1.0% 0.2% Households 2018 40,624 50,254 433,534 % Change (2010-2018) 4.0% 5.1% 4.2% Avg Hshld Size 2000 2.18 2.17 2.17 Avg Hshld Size 2010 2.24 2.18 2.16 Avg Hshld Size 2018 2.29 2.22 2.19 Housing Units 2018 48,997 59,367 521,842 Owner-Occupied Hshlds 21,657 28,081 273,445 % Total Households 44.2% 47.3% 52.4% Renter-Occupied Hshlds 18,962 19,710 160,205 % Total Households 38.7% 33.2% 30.7% Median Household Income 2018 $41,845 $46,686 $49,730 As % of County Median 84.1% 93.9% 100.0% Median Home Value 2018 $179,808 $196,477 $192,639 As % of County Median 93.3% 102.0% 100.0% % White Collar Employment 62.2% 64.8% 65.1% % Services Employment 20.5% 18.3% 18.8% % Blue Collar Employment 17.3% 16.9% 16.1% Civilian Unemployment 2018 4.4% 3.8% 4.2% Apparel/Services Spending Index 73% 82% 85% Shelter Spending Index 75% 85% 87% Healthcare Spending Index 75% 85% 90% Restaurant Spending Index 74% 83% 87% Source: ESRI Market Profile 12 TOBIAS REALTY ADVISORS, LLC 13 Utilities/Services: Water: Clearwater Sewer: Clearwater Electric: Duke Energy Telephone: Frontier Communications Police: Clearwater Police Department Fire/EMS: Clearwater Fire & Rescue Public Transportation: PSTA (bus) Site Data: Physical Location: The subject property is located on the north side of Drew Street (SR 590) 105 feet east of N. Garden Avenue and adjacent west of the Pinellas Trail Land Area: 31,386 square feet or 0.72 acres MOL Configuration: Irregular Site Position: Interior Tract Dimensions: 105’ x 266’ Primary Frontage: 105 Feet MOL; Drew Street Secondary Frontage: 147 Feet MOL; Jones Street Average Depth: 266 Feet MOL Land/Bldg. Ratio: 3.8:1 Developed FAR: 0.26 Topography/Drainage: Level site at road grade; adequate drainage typical of the area Easements: Apparent ingress/egress easement with office property abutting west; also, typical utility and drainage easements; no adverse effect Encroachments: None apparent TOBIAS REALTY ADVISORS, LLC 14 Flood Designation: Zone X-Unshaded, area of minimal flood hazard; FEMA Map Panel 12103C 0106H; May 17, 2005 Visibility Good visibility from Drew Street; 13,100 vehicles per day (2017) Access: Direct from westbound Drew; right-in, right-out; access also available from eastbound Drew; sec- ondary access from Jones Street at rear of site Conclusion: The site’s primary assets are its highway exposure with good visibility and secondary access from the north (rear); site’s negative aspects are interior po- sition and irregular configuration. TOBIAS REALTY ADVISORS, LLC 15 Improvement Data: Data Sources: Field inspection of the exterior and interior of sub- ject building on December 7, 2018 and Pinellas County Property Appraiser’s records; also, inter- view with property owner. General Description: 1 and part 2-story office building (general contrac- tor’s headquarters) resulting from a re-purposed showroom/warehouse Year Built: 1957 Improvement Age: Actual, 61 years Effective, 30 years Remaining Economic Life: 10 years; assuming the level of maintenance re- mains consistent with historical experience. Proper- ty life can be extended significantly through periodic renovation. Building Size (GFA): 8,176 square feet Ground Floor: 6,476 square feet 2nd Floor (Walk-Up): 1,700 square feet Floor Plan/Finishes: Forward section of building (grade level) comprises 1,600 square feet MOL has been extensively up- graded and remodeled as Class A space with con- ference room, executive office, breakroom, lobby, and reception office; rear portion of 1st floor (4,876 SF MOL) is elevated 30 inches (former warehouse with dock-height door at west); rear section is fin- ished as B- quality space with minimal window ar- ea; generally functional floorplan but below average for CBD properties; 2nd floor is reached via a nar- row stairwell; finishes are C quality; space is uti- lized as training room. Building Condition: Above average; minimal deferred maintenance TOBIAS REALTY ADVISORS, LLC 16 Foundation: Concrete perimeter footings and 4-inch slab at grade Exterior Walls: CMU (8”) with stucco; 2nd floor appears to be wood frame with stucco; attractive brick façade treatment at south storefront area Roof: Wood frame, flat system on main roof (1st floor) with modified bitumen cover; 2nd floor roof appears to be similar construction Windows: Storefront area has newer, bronzed, fixed-plate units; other windows are aluminum frame, single- hung units or equivalent Doors: Customer entry is high quality, custom, wood door; others are hollow metal, steel units; 8’ x 10’ roll-up unit at west side with 30-inch high concrete load dock Electrical: Commercial-grade, circuit breaker service with newer wiring; some upgrades and repairs are indi- cated; security system HVAC: Central, package systems with RTUs located in rear section of roof; several units appear to have been replaced recently Plumbing: 4 Restrooms all located on 1st floor; 3 have 2 fix- tures each; one has 3 fixtures (executive office); full kitchen plumbing in break room in front section Site Improvements: Asphalt-paved parking lot at west side of building (12 spaces); fenced and paved lot north of building with carport parking (16 spaces); unpaved lot in northwest section (14 spaces MOL); total parking capacity 42 spaces equating to 5.1 spaces per 1,000 sq. ft. of building area. Palms, planters, paver walks, and attractive land- scaping at storefront area. TOBIAS REALTY ADVISORS, LLC 17 Highest and Best Use: The subject property is an interior site on a secondary, east/west corridor in the north section of Clearwater. It has some favorable aspects that are balanced by some negative conditions. The positive factors include: 1- Location on 4-lane artery, Drew Street (SR 590), with traffic count of 13,100 daily 2- Secondary access point at north via local street 3- Good visibility and access 4- Pinellas Trail adjacent east of site 5- All public utilities and services available 6- Zoning is D, Downtown District located in Old Bay Character District 7- Future Land Use Plan is CBD, Central Business Dis- trict 8- Good highway infrastructure linking several commu- nities in Pinellas County 9- Complimentary uses in immediate area such as pro- fessional offices and major CBD properties 2 blocks south 10- Site is designated as minimal flood hazard 11- Immediate proximity to Downtown Clearwater 12- Close proximity to Coachman Park in Downtown Core and the approved expansion of waterfront park land in the Imagine Clearwater program 13- Steady improvement in commercial market since 2012 with upward trend in rents and occupancy 14- Residential market in 6th year of steady recovery in Pinellas County 15- Better credit availability than 2009-2012 period 16- Steady improvement in employment in Pinellas County and Tampa Bay area The subject property also has some negative aspects that include: 1- Interior site position 2- Irregular configuration but generally rectangular 3- Older, obsolete industrial and service buildings domi- nate immediate vicinity 4- Subject’s maximum density is 35 units per acre ver- sus 75 in Core District adjacent south TOBIAS REALTY ADVISORS, LLC 18 5- Subject’s maximum FAR is 0.50 versus 1.50 and 2.50 in other sections of Old Bay and Core District 6- Subject’s maximum building height is 45 feet versus 55 and 75 feet in other sections of Old Bay and Core District Given the mostly positive assessment of the subject prop- erty and its market, I have concluded highest and best use (vacant) to be future multi-family residential develop- ment either as a stand-alone site or as part of a block as- semblage. Considering the improved property, the same positive and negative factors noted earlier impact the selection of highest and best use; the structure is B- quality, CMU construction with effective age of 30 years; it has been regularly maintained and upgraded and is in above aver- age condition with some minimal deferred maintenance. The building’s design is best suited to general office uses, which are well represented in this immediate area. The contributory value of the existing structure is suffi- cient to justify retention for the near term in spite of the structure’s age and low FAR (0.26); I would conclude highest and best use, as improved, to be continuation of the existing use as office for a period of 5 to 10 years MOL with eventual redevelopment as multi-family resi- dential as noted in the “as vacant” analysis. Marketability: Subject property’s marketability is rated above average at this time. This assessment is based on the economic fac- tors enumerated in the highest and best use analysis and the input of local commercial brokers. Potential buyers are likely to be owner users, with secondary investor ap- peal. Estimated Marketing Time: 12 months Estimated Exposure Time: 12 months TOBIAS REALTY ADVISORS, LLC 19 Valuation Process: Cost approach was excluded due to the age (61 years) of the building and the difficulty in accurately measuring depreciation; also, this methodology carries much less credibility in the market for properties of this type, size, and age. Land valuation (by sales comparison) was undertaken as a majority of the property’s value is contributed by the land; also, eventual highest and best use (5 to 10 years) was judged to be redevelopment. Sales comparison approach is normally the most reliable method of valuing small office properties in this market; this approach has been applied and the unit of measure is price paid per square foot of building area. Income capitalization approach was applied as a secondary methodology recognizing its limitations in terms of the limited remaining economic life of the building. TOBIAS REALTY ADVISORS, LLC 20 Land Valuation- The procedure involves estimation of land value (as though vacant) by the sales comparison approach, comparing subject site with similar sites which have recently sold. These compa- rable sales are reduced to a common denominator or unit of comparison, such as price per square foot or price per front foot. Adjustments are made to the sale properties for such fac- tors as changes in market conditions since date of sale, zoning, location, and physical charac- teristics, reducing dissimilarities and arriving at an estimate of value for the subject site. I have selected five, recent land sales from the Clearwater market as the best indicators of subject’s land value. The comparable sales closed between September 2017 and December 2018. The local market has been trending upward over this period; therefore, the 2017 sale was adjusted upward for market conditions. The sales reflected cash terms or conventional bank financing and therefore, there was no need for adjustments for favorable financing. The reader is referred to the Comparable Land Sales chart in this section, which summariz- es the comparative analysis on a price per square foot basis. Land Sale 1 is the purchase in May 2018 of a 0.84-acre, undeveloped property 0.4 miles north of the subject; the location was rated much superior to the subject in terms of view amenity; a downward adjustment was also necessary for allowable building height (55 feet) and FAR (1.50); other categories produced neutral comparisons; Sale 1 indicated a unit value of $14.54 per square foot, which is 4.1% greater than the mean of the data ($13.97). Land Sale 2 is the purchase in May 2018 of a 1.15-acre, undeveloped property 0.4 miles north of the subject; the location was rated much superior to the subject in terms of view amenity; downward adjustments were also necessary for allowable building height (55 feet) and FAR (1.50) and physical factors (shape); other categories produced neutral comparisons; Sale 2 indicated a unit value of $14.22 per square foot, which is 1.8% greater than the mean of the data ($13.97). Land Sale 3 is the assemblage purchase in December 2018 of a 2.07-acre, under-developed property 0.2 miles north of the subject; the location was rated much inferior to the subject in terms of CBD proximity and supporting uses; a downward adjustment was necessary for al- lowable building height (55 feet) and FAR (1.5 and 0.5); other categories produced neutral comparisons; Sale 3 indicated a unit value of $11.80 per square foot, which is 15.5% less than the mean of the data ($13.97). Land Sale 4 is the purchase in September 2017 of a 0.67-acre, undeveloped property 0.4 miles southeast of the subject; upward adjustment was made to account for improvement in the market since 2017; the location was rated equal to the subject with some offsetting ad- vantages and disadvantages; downward adjustments were necessary for allowable density (75), building height (75 feet) , FAR (2.50) and physical factors (shape); other categories TOBIAS REALTY ADVISORS, LLC 21 produced neutral comparisons; Sale 4 indicated a unit value of $13.48 per square foot, which is 3.5% less than the mean of the data ($13.97). Land Sale 5 is the purchase in November 2018 of a 2.04-acre, marginally property 0.4 miles southeast of the subject; the location was rated equal to the subject with some offsetting ad- vantages and disadvantages; downward adjustments were necessary for allowable density (75), building height (75 feet) , and FAR (2.50); upward adjustment was applied for physical factors (non-contiguous parcels); other categories produced neutral comparisons; Sale 5 indi- cated a unit value of $15.80 per square foot, which is 13.1% greater than the mean of the data ($13.97). The adjusted unit values of the five comparables range from $11.80 (Sale 3) to $15.80 (Sale 5), resulting in a reasonable variance of 34%. The adjusted mean price was $13.99 per square foot and the median was $14.22. I have assigned statistical weights to the sales based upon their overall degree of comparabil- ity. Sales 4 and 5 clearly emerge as the most relevant indicators of value for the subject site as they required fewer and smaller adjustments than the other sales. The weighted mean of the data was slightly greater than the natural mean. Therefore, based upon my analysis of the five comparable sales, I have selected a unit value of $14.15 per square foot for the subject site: 31,386 sq. ft. @ $14.15 = $444,112 Rounded, $445,000 8139LS Comparable Land Sales Sale Number Subject 1 2 3 4 5Location620 Drew St SW Cor N Ft Harrison Av & Nicholson St NW Cor N Ft Harrison Av & Seminole St601 N Ft Harrison Av W/S of S Prospect Av 801 Park St etalClearwaterClearwater Clearwater Clearwater Clearwater ClearwaterDate Jan-19 May-18 May-18 12/18/2018 & Jan 2019 Sep-17 Nov-18OR Book/Page N/A 20044/247 20074/501 20371/1170 etal 19793/1435 20353/1360 etalGRANTOR N/A Cleawater Bay Marina, LLC SCI Funeral Services of FL, LLC Stephen J Steller etal Hearst Communications Warren Ltd etalGRANTEE N/A 804 Holdings, LLC 802 Holdings, LLC Clearwater Corridor, LLC Zano Team 2, LLC Zano Team 5, LLCParcel Number09-29-15-44352-006-0030 09-29-15-09252-000-0010 09-29-15-09252-000-0040 etal 09-29-15-08622-000-0210 etal 15-29-15-00108-009-0010 15-29-15-88974-000-0010 etalPrice N/A $884,000 $1,250,000 $1,015,000 $440,000 $1,650,000Gross Land Area (SF) 31,386 36,490 50,121 90,316 29,370 88,766Price Per Sq Ft N/A $24.23 $24.94 $11.24 $14.98 $18.59Gross Land Area (AC) 0.72 0.84 1.15 2.07 0.67 2.04Zoning D, Downtown D, Downtown D, Downtown D, Downtown D, Downtown D, DowntownImprovements at Time of Sale8,136 SF Office (1957)None Small commercial structure (1925)Misc obsolete sructuresNone Several obsolete structuresMax Density (Units /Ac) 35.0 35.0 35.0 35.0 75.0 75.0Max No of Units 25 29 40 73 51 153Price Per Unit N/A $30,151 $31,039 $13,987 $8,701 $10,796Maximum FAR 0.50 1.50 1.50 1.5 and 0.5 2.50 2.50Maximum Resid Density 35 35 35 35 75 75Maximum Bldg Height 45 55 55 55 75 75Highest/Best Use Mid-Rise Multi-Family Mid-Rise Multi-Family Mid-Rise Multi-Family Mid-Rise Multi-Family Mid-Rise Multi-Family Mid-Rise Multi-FamilyTract Shape Irregular Irregular Rectangle Rectangle Irregular Rectangle Rectangle IrregularOtherSite at north edge of CBD Core adjacent westof Pinellas Trail; frontage on 2 streetsExcellent view amenity of Clearwater Basin Marina; frontage on 3 streetsGood view amenity of marina and Clearwater Harbor; main parcel comprises 75% of siteLarge site on E/S of Ft Harrison south of Eldridge St; 2 parcel assemblageClose in CBD parcel was former Clearwater Sun siteHalf-block site acquired as part of assemblage in east CBDUtilities All Available All Available All Available All Available All Available All AvailableFinancing N/ACash Sale Cash Sale$120,000 PMM; short termCash Sale Cash SaleConfirming Source N/A Brian Andrus (Broker) Jeannette Jason (Broker) Public Record Amy Barrett (Broker) Pat Marzulli (Broker)Prior Sales (3 yrs)None None None NoneNone NonePrice Per Sq FtADJUSTMENTSFinancing$0 $0 $0 $0 $0Cash Price Per Sq Ft $24.23 $24.94 $11.24 $14.98 $18.59Market Conditions0% 0% 0% 15% 0%Location-25% -25% 15% 0% 0%Land Size0% 0% 0% 0% 0%Physical Factors0% -3% 0% -5% 5%Max Density, Height, FAR -15% -15% -10% -20% -20%Other0% 0% 0% 0% 0%Total Adjustment-40% -43% 5% -10% -15%Adjusted Price/Sq Ft $14.54 $14.22 $11.80 $13.48 $15.80 22 DeLorme Street Atlas USA® 2013 LAND SALES MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.5°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 12,800 1" = 1,066.7 ft Data Zoom 14-0 TOBIAS REALTY ADVISORS, LLC 23 Sales Comparison Approach- I assembled five recent sales of small office properties similar to the subject; all are located in Downtown Clearwater. The market has been more active over the last 36 months and the quantity of comparable data was adequate. The market has trended gradually upward over the last 3 years and the older sales were ad- justed upward for market conditions. The reader is referred to the Chart (Comparable Sales) in this section, which summarizes the comparative analysis on a price per square foot basis. Sale 1 is the acquisition (November 2016) of a 2-story, office property on N. Garden Avenue just one block southwest of the subject; upward adjustment was necessary to account for ap- preciation in the market since late 2016; downward adjustments were indicated for the prime Core location with high underlying land value, corner site position, building quality, func- tional aspects, and more liberal development limits; upward adjustments were applied for the larger size of the building (on a unit price basis), inferior parking, and lack of surplus land; Sale 1 was rated equivalent in the other aspects; after adjustment, Sale 1 indicated a unit val- ue of $73.10 per square foot, which is 11.0% below the mean of the data ($82.16). Sale 2 is the acquisition (January 2019) of a 1-story, office property on N. Garden Avenue just 150 feet southwest of the subject; downward adjustments were indicated for the prime Core location with high underlying land value, corner site position, functional aspects, and more liberal development limits; downward adjustment was also applied for “other” as this sale is part of an assemblage by an abutting property owner; upward adjustments were ap- plied for inferior parking, and lack of surplus land; Sale 2 was rated equivalent in the other aspects; after adjustment, Sale 2 indicated a unit value of $94.35 per square foot, which is 14.8% above the mean of the data ($82.16). Sale 3 is the acquisition (July 2017) of a 1-story, office property on N. Garden Avenue just 150 feet west of the subject; upward adjustment was necessary to account for appreciation in the market since 2017; downward adjustments were indicated for the corner site position, building quality, age/condition, and functional aspects; downward adjustment was also ap- plied for “other” as this sale involved a partial sale/leaseback of roughly half the building by the seller; Sale 3 was rated equivalent in the other aspects; after adjustment, Sale 3 indicated a unit value of $78.86 per square foot, which is 4.0% below the mean of the data ($82.16). Sale 4 is the acquisition (October 2018) of a 2-story, office property on Court Street 0.4 miles south of the subject in the Core District; downward adjustments were indicated for the prime Core location with high underlying land value, building quality, functional aspects, age/condition, and more liberal development limits; upward adjustments were applied for the inferior parking and lack of surplus land; Sale 4 was rated equivalent in the other aspects; TOBIAS REALTY ADVISORS, LLC 24 after adjustment, Sale 4 indicated a unit value of $78.67 per square foot, which is 4.2% below the mean of the data ($82.16). Sale 5 is the acquisition (November 2017) of a 1 and 2-story, office property on Chestnut Street 0.4 miles south of the subject in the Core District; upward adjustment was necessary to account for appreciation in the market since 2017; downward adjustments were indicated for the prime Core location with high underlying land value, building quality, functional aspects, age/condition, and more liberal development limits; Sale 5 was rated equivalent in the other aspects; after adjustment, Sale 5 indicated a unit value of $85.84 per square foot, which is 4.5% above the mean of the data ($82.16). The range of adjusted unit prices of the comparables was $73.10 to $94.35, reflecting a total variance of 29%; this is a reasonable range for a market transitioning from inactive to active status. The mean unit value of the data was computed at $82.16 per square foot; the median price was $78.86. I applied slightly greater weight to Sale 3 due to its close proximity and higher overall level of comparability; secondary weights were assigned to the other four sales. The weighted mean was slightly greater than the natural mean. Based on this analysis, I selected a unit val- ue of $82.25 per square foot for the subject: 8,176 Sq. Ft. @ $82.25 = $672,476 Rounded, $675,000 8147IS Comparable SalesSale Number Subject 1 2 3 4 5Location 620 Drew St 101 N Garden Av 133 N Garden Av 200 N Garden Av 635 Court St 630 Chestnut StClearwater Clearwater Clearwater Clearwater Clearwater ClearwaterDate Dec-18 Nov-16 Jan-19 Jul-17 Oct-18 Nov-17OR Book/Page N/A 19407/1078 20401/484 19704/194 20269/1901 19869/570GRANTOR N/A Yehuda, Ltd Partnership ATManagement-USA, LLC 200 Garden, LLC Bank OZK Ober McBride Chestnut, LLCGRANTEE N/A 101 N Garden, LLC Downtown Clearwater Devel, LLC Vertical Global Investments, LLC Terry & Anna Tsafatinos, Tr The Seven Sisters InvestmentParcel Number 09-29-15-44352-006-0030 16-29-15-32274-007-0050 16-29-15-32274-007-0010 09-29-15-44352-005-0050 16-29-15-18648-013-0040 15-29-15-54450-013-0130Sale Price N/A $1,185,000 $1,490,000 $1,400,000 $1,200,000 $1,185,000Bldg Size (SF) 8,176 16,536 11,054 8,166 13,729 9,208Sale Price Per SF N/A $71.66 $134.79 $171.44 $87.41 $128.69Year Built 1957 1928 1930 1941 2000 1985 & 1950Condition Above Average Above Average Above Average Above Average Above Average Above AverageSite Size (SF) 31,386 30,757 28,192 31,920 19,795 28,300FAR 0.26 0.54 0.39 0.26 0.69 0.33Construction Conc Blk/Stucco Conc Blk/Brick Conc Blk/Stucco Conc Blk/Stucco Conc Blk/Stucco Tilt-Up Concr & CBSQuality B- B+ B- A- B+ B+ & CDesign 1 & Part 2-Story Free-Standing 2-Story Multi-Tenant 1-Story Multi-Tenant 1-Story Free-Standing 2-Story Multi-Tenant 2-Story & 1-Story OfficesParking Excellent Above Average Average Excellent Average ExcellentMaximum FAR 0.50 4.00 4.00 0.50 4.00 4.00Maximum Density 35 75 75 35 75 75Maximum Bldg Height 45 None None 55 None NoneConfirmed By: N/A Ray Casano (Broker) Ray Casano (Broker/Buyer) Paula Clair Smith (Broker) Jason Caplan (Broker) David Kerr (Broker)Prior Sales (3 Yrs)None Non-Arm's Length Sale; 8/2014 None Apr 2015; $833,000 NoneAug 2015; $1,335,000Financing N/A USAmeribank Cash Sale Cash Sale Cash Sale Cash SaleDescriptionFormer showroom/warehouse converted to general office; adjacent to Pinellas Trail at north periphery of CBDBoom Period firehouse converted to office in 1984; adjacent to CBD Core; surface parking; assemblage purchaseL-shaped bldg at SE corner of Drew St and N Garden Av; adjacent north of Sale 1; assemblage purchaseUpgraded older office at NW corner of Drew St and N Garden; seller leased back 50% of bldgNewer office in Core area adjacent to Bank OZK; 78% leased; 5% cap rate at sale datePrime Core area site with 2 offices + surplus land; rents reported at $12-$13 net; on market 3 months at $1,495,000Assessed Value $482,421$1,000,000 $775,000 $569,722 $1,085,000 $985,000Ass'd Value/SF$59.00 $60.47 $70.11 $69.77 $79.03 $106.97ADJUSTMENTSFinancing N/A $0.00 $0.00 $0.00 $0.00 $0.00Cash Price Per Bldg SF N/A $71.66 $134.79 $171.44 $87.41 $128.69Market Conditions N/A 20% 0% 15% 0% 15%Adjusted Price/SF 1 N/A $85.99 $134.79 $197.16 $87.41 $148.00Location N/A -10% -10% 0% -10% -10%Site Position N/A -10% -10% -10% 0% 0%Bldg Size N/A 5% 0% 0% 0% 0%Quality N/A -10% 0% -15% -10% -5%Age/Condition N/A 0% 0% -10% -10% -7%Functional Aspects N/A -5% -10% -10% -10% -10%Parking N/A 5% 10% 0% 10% 0%Excess/Surplus Land N/A 20% 15% 0% 30% 0%Max Density, Height,FAR N/A -10% -10% 0% -10% -10%Other N/A 0% -15% -15% 0% 0%Total Adjustment N/A -15% -30% -60% -10% -42%Adjusted Price/SF 2 N/A $73.10 $94.35 $78.86 $78.67 $85.84 25 SALE #1: 101 N. GARDEN AVENUE, CLEARWATER SALE #2: 133 N. GARDEN AVENUE, CLEARWATER SALE #3: 200 N. GARDEN AVENUE, CLEARWATER SALE #4: 635 COURT STREET, CLEARWATER SALE #5: 630 CHESTNUT STREET, CLEARWATER DeLorme Street Atlas USA® 2013 IMPROVED SALES MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.5°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 11,200 1" = 933.3 ft Data Zoom 14-2 TOBIAS REALTY ADVISORS, LLC 26 Income Capitalization Approach- This method is applicable to the subject property as offices of this type, age, and size are sometimes purchased as investments. The subject property has been 100% owner-occupied by Creative Contractors, Inc. for sever- al decades; as such, there is no rental history, which might provide an indication of market rent. I have selected four comparable rent properties from Clearwater as the basis for estimating current market rent of the subject property. Analysis of five comparable rents in the neighborhood (see chart Comparable Rents on page 28) indicate a range of $12.00 to $14.95 per square foot (net and modified gross terms). First, converting all to the modified gross format, we find an adjusted range focused between $12.00 and $15.25 (27% variance). The comparable rents were then matched against the subject property in many of the same categories as found in the sales analysis in the previous section, i.e., market conditions, loca- tion, site position, unit size, quality, age/condition, functional aspects, and parking. Under market conditions we must also account for “actual” versus “asking” rents to allow for normal discounts during the negotiation process. This would apply to Comparables 1 and 4. Based upon my analysis of these comparables and granting greatest weight to No. 4, I have estimated subject’s current market rent at $12.00 per square foot (modified gross). Referring to the Income/Expense Proforma (page 29), we see potential gross income (market rent) of $98,112. I have estimated vacancy at 7%, given that the market is trending upward and there has been no appreciable increase in the supply of new space. Deducting the vacancy allowance leaves effective gross income of $91,244. Next, I estimated all appropriate operating expenses for the subject property. Property taxes total $10,136, which is the discounted figure for 2018. Insurance was estimated at $0.85 per square foot based upon actual figures drawn from similar buildings in Pinellas (non-flood hazard areas). Utilities and services are normally the tenant’s responsibility in a lease for a property of this type. TOBIAS REALTY ADVISORS, LLC 27 Maintenance/repairs was estimated at $3,680 annual ($0.45 per sq. ft.) based on the age and type of building. An allowance of $3,680 ($0.45 per sq. ft.) was made for capital reserves for replacement and renovations within a typical ownership period. This would accumulate $42,200 ($5.16 per sq. ft.), when invested at 3% over a 10-year term and would be available for periodic renovations and replacements. I have also deducted a management fee of $2,737 annual (3% of effective gross income) for the single-tenant property. Expenses total $27,183, or $3.32 per square foot of GFA. Deducting this figure from effec- tive gross income, we arrive at net operating income (NOI-1) of $64,061. This is the amount available for debt service and property reinvestment. Adding back capital reserves of $3,680, we arrive at NOI-2 of $67,741; this is the amount normally capitalized to value by the local market as most parties do not recognize the deduction for capital reserves (plus, highest and best use anticipates redevelopment in 5 to 10 years). 8147RC Comparable Rents 620 Drew St, Clearwater, FL 33755 Dec-18 # Address Rent/Sq. Ft. Comments Subject Creative Contractors N/A 620 Drew St Owner-Occupied Clearwater 09-29-15-44352-006-0030 1 Courtyard Office Park $12.00 & $14.95 1218 Court St Mod Gross Clearwater Asking 15-29-15-92722-000-0010 2 205-215 S Myrtle Av $14.37 Clearwater Mod Gross Actual 15-29-15-00108-009-0180 3 630 Chestnut St $12.00 Clearwater Net Actual 15-29-15-54450-013-0130 4 200 N Garden Av $14.00 Clearwater Mod Gross Asking 09-29-15-44352-005-0050 B- quality, 2-story office (1950) located in east central section of CBD; 9,843 SF structure with below average floorplan and other functional issues; below average parking; 2018 average rent reported at $14.37 B- Quality, former showroom/warehouse (8,176 SF) with above average finishes in front section; built in 1957; good condition; small, 2nd floor area (walk-up); convenient location just north of downtown Clearwater; excellent parking with carports at north end B quality, condo office center just east of Downtown Cleawater; suburban campus environment; built 1993; good conditon; average parking; 10,787 SF unit purchased by Free Clinic in 2017; 2,925 SF unit now available at $14.95 per SF A- Quality, upgraded older office (1941) located at NW corner of Drew St and N Garden; vacant office offered at $14.00 at time of purchase (July 2017) by partial owner- occupant; excellent surface parking B quality office building (2 story) of 8,008 SF built in 1985; high profile location near courthouse on outbound highway; excellent parking coverage; property purchased by investor in Nov 2017 for $1,185,000 28 RENT #1: 1218 COURT STREET, CLEARWATER RENT #2: 205-215 S. MYRTLE AVENUE, CLEARWATER RENT# 3: 630 CHESTNUT STREET, CLEARWATER RENT #4: 200 N. GARDEN AVENUE, CLEARWATER DeLorme Street Atlas USA® 2013 COMPARABLE RENT MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.5°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 12,800 1" = 1,066.7 ft Data Zoom 14-0 8147PF Income/Expense Proforma 620 Drew StClearwater, FL 33755Dec-18Occupant Suite Source SF % NRA Monthly RentBase Per SFCAMCAM Per SFMonthly TotalTotal Per SFYearly RentCreative Contractors 1 Market 8,176 100.0% $8,176.00 $12.00 $0.00 $0.00$8,176.00 $12.00 $98,112Totals 8,176 100.0% $8,176.00 $12.00 $0.00 $0.00 $8,176.00 $12.00 $98,112Per SF% Of GrossAnnual Potential Gross $98,112 $12.00100.00%Vacancy/Collection Loss $6,868 $0.847.00%29Annual Effective Gross $91,244 $11.1693.00%ExpensesReal Estate Taxes $10,136 $1.2410.33%Insurance $6,950 $0.857.08%Electric Tenant $0.000.00%Water/Sewer/Trash Tenant $0.000.00%Maint/Repairs $3,680 $0.453.75%Management/Leasing $2,737 $0.332.79%Capital Reserves $3,680 $0.453.75% Total Expenses $27,183 $3.3227.71%Net Operating Income-1 $64,061 $7.8465.29%Capital Reserves $3,680 $0.453.75%Net Operating Income-2 $67,741 $8.2969.04% TOBIAS REALTY ADVISORS, LLC 30 Capitalization: Market extraction is usually the preferred method for selecting a capitalization rate. Howev- er, most of the comparable sales utilized in this appraisal produced no indications of overall rates as they were either user acquisitions or parcels in block assemblages. Sale 4 reflected a stabilized cap rate of 6.4%, however, this B+ property is situated in the Core District and was built in 2000. Sale 5, also in the Core District and built in 1985 reflects a cap rate of 8.5%. Medical office in St. Petersburg; B+ quality; built 2002; sold in October 2017 at 8.2% cap rate. 3-Story office in Madeira Beach; B+ quality; built 1979; 14,781 sq. ft.; sold in March 2018 at 9.8% cap rate. RealtyRates.com Investor Survey for 4th Quarter 2018 reveals office properties averaging 8.97% cap rates with marginal increase from 4th Quarter 2017. Suburban offices showed av- erage rate of 8.91% and CBD average of 9.88%. Other indices taken into consideration were the following:  General interest rate trend in 2019; stable to slightly increasing  Age/quality of subject; B- rating  Condition rating; B+  Location rating; B+  Functional rating; C Subject property falls in the 3rd tier in the investment environment. Relying primarily upon the local market data listed above, I have selected a capitalization rate of 9.25% for the sub- ject property. Capitalizing NOI at 9.25% we have: Market Value = NOI-2 /Rate Market Value = $67,741/0.0925 Market Value = $732,335 Rounded, $730,000 TOBIAS REALTY ADVISORS, LLC 31 Reconciliation: The subject of this appraisal is a masonry, B- quality, office building located on a 0.72-acre, interior-position site on a secondary, east/west artery in Downtown Clearwater. The building was re-purposed from a 1957-vintage, showroom/warehouse facility; it exhibits an effective age of 30 years; remaining economic life is estimated at 10 years. Improvements are judged consistent with highest and best use “as improved” for the balance of the economic life. However, the long term highest and best use is judged to be redevelopment as multi-family residential. The cost approach was excluded due to the age (61 years) of the building and the difficulty in accurately measuring depreciation; also, this methodology carries much less credibility in the market for properties of this type, size, and age. Land valuation (by sales comparison) was undertaken as a majority of the property’s value is contributed by the land; also, eventual highest and best use (5 to 10 years) was judged to be redevelopment. This process considered five recent land sales in the Downtown area, which were compared to the subject site and adjusted for any dissimilarities; it resulted in a conclu- sion of lad value “as vacant” of $14.15 per square foot, or $445,000. The sales comparison approach is normally a highly reliable method of valuing office proper- ties in this market; this approach has been applied and the unit of measure is price paid per square foot of building area. Sufficient recent (2016 through 2018) comparable data was available for analysis and was adjusted for all relevant differences. The five sales were drawn from the Downtown Clearwater market, three of these were located within one block of sub- ject. Therefore, the conclusion of market value, $675,000, is judged to be well supported and credible. The income capitalization approach was applied as a secondary methodology recognizing its limitations in terms of the limited remaining economic life of the building. Comparable rent properties from the Downtown area were researched as a basis for market rent. Allowances were deducted for vacancy and operating expenses; the net operating income was capitalized to an indication of market value. The indicated value, $730,000, was approximately 8% greater than that of the sales comparison approach Recognizing the inherent weaknesses of the income approach for short-life properties, I have placed greatest emphasis on the sale comparison approach and estimated market value of the fee simple interest of the subject property, “as is”, as of December 7, 2018, at $685,000. TOBIAS REALTY ADVISORS, LLC 32 CERTIFICATION This is to certify that, upon request for valuation by Robert Brzak, Real Estate Services Co- ordinator, City of Clearwater, I have personally inspected, collected, and analyzed various data, and appraised the fee simple interests of the Office Property (Bomstein/Creative Con- tractors, Inc.) located at 620 Drew Street, Clearwater, Florida 33755. The property is more fully described in the attached report. I certify that, to the best of my knowledge and belief:  The statements of fact contained in this report are true and correct.  The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclu- sions.  I have no present or prospective interest in the property that is the sub- ject of this report and no personal interest or bias with respect to the parties involved.  I have no bias with respect to the property that is the subject of this re- port or to the parties involved with this assignment.  My engagement in this assignment was not contingent upon develop- ing or reporting predetermined results.  My compensation for completing this assignment is not contingent up- on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  My analyses, opinions, and conclusions were developed, and this re- port has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).  The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Profes- sional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. TOBIAS REALTY ADVISORS, LLC 33  I have made a personal inspection of the property that is the subject of this report.  No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I have completed the requirements under the continuing educa- tion program of the Appraisal Institute. The appraiser is qualified to appraise this property with respect to the Competency Provision of USPAP. The appraiser had previously appraised subject property nor provided other professional ser- vices with respect to it in the last three years. This certificate is in accordance with the Uniform Standards of Professional Appraisal Prac- tice Standard Rule 2-3 and with the Appraisal Institute's Supplemental Standards of Profes- sional Practice. The reader should review the assumptions and limiting conditions included in this report. C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 C Richard Tobias TOBIAS REALTY ADVISORS, LLC 34 ASSUMPTIONS AND LIMITING CONDITIONS 1. The conclusions as to market value contained herein represent the opinion of the under- signed and are not to be construed in any way as a guarantee or warranty, either ex- pressed or implied, that the property described herein will actually sell for the market value contained in this opinion. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. No furniture, furnishings, or equipment, unless specifically indicated herein, has been included in my value conclusions. Only the real estate has been considered. 4. The property is appraised free and clear of all encumbrances, unless otherwise noted. 5. No survey of the property was made or caused to be made by the appraiser. It is assumed the legal description closely delineates the property. It was checked with public records for accuracy. Drawings in this report are to assist the reader in visualizing the property and are only an approximation of grounds or building plan. 6. It is assumed that there are no hidden or unapparent conditions of the property's subsoil or structure that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. Subsurface rights (minerals, oil, or water) were not considered in this report. 8. Description and condition of physical improvements are based on visual observation. As no engineering tests were conducted, no liability can be assumed for soundness of struc- tural members. 9. The appraiser has inspected improvements. Unless otherwise noted, subject improve- ments are assumed to be free of termites, dry rot, wet rot, or other infestation. Inspection by a reputable pest control company is recommended for any existing improvement. 10. All value estimates have been made contingent on zoning regulations and land use plans in effect as of the date of appraisal, and based on information provided by governmental authorities and employees. 11. It is assumed that there is full compliance with all applicable federal, state, and local en- vironmental laws and regulations, unless noncompliance is stated, defined, and consid- ered in the appraisal report. TOBIAS REALTY ADVISORS, LLC 35 12. It is assumed that all applicable zoning and land use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined, and considered in the appraisal report. 13. It is assumed that all required licenses, certificates of occupancy, consents, or other leg- islative or administrative authority from any government or private entity or organiza- tion have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 14. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 15. Appraisal does not constitute an inspection for compliance with local building, fire, or zoning codes. Reader is advised to contact local government offices to ensure com- pliance with applicable ordinances. 16. This appraisal report covers only the premises herein; and no figures provided, analysis thereof, or any unit values derived are to be construed as applicable to any other proper- ty, however similar they may be. 17. Certain data used in compiling this report was furnished by the client, his counsel, em- ployees, and/or agent, or from other sources believed reliable. However, no liability or responsibility may be assumed for complete accuracy. 18. An effort was made to verify each comparable sale noted in the report. There are times when it is impossible to confirm a sale with the parties involved in the transaction; all sales are confirmed through public records. 19. The appraiser, by reason of this report, is not required to give testimony in court with reference to the property herein, nor obligated to appear before any governmental body, board, or agent, unless arrangements have been previously made therefore. 20. Estimates of expenses, particularly as to assessment by the County Property Appraiser and subsequent taxes, are based on historical or typical data. Such estimates are based on assumptions and projections which, as with any prediction, are affected by external forc- es, many unforeseeable. While all estimates are based on my best knowledge and belief, no responsibility can be assumed that such projections will come true. 21. Responsible ownership and competent property management are assumed. TOBIAS REALTY ADVISORS, LLC 36 22. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, were not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibil- ity is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field. TOBIAS REALTY ADVISORS, LLC 37 QUALIFICATIONS C. RICHARD TOBIAS, MAI EDUCATION: B.A., 1971, Boston College, School of Arts and Sciences Have passed or received credit for the following courses sponsored by the Appraisal Institute. 1A-1 Real Estate Appraisal Principles 1A-2 Basic Valuation Procedures 1B-1 Capitalization Theory and Techniques 2-1 Case Studies in Real Estate Valuation 2-2 Valuation Analysis and Report Writing 2-3 Standards of Professional Practice 6 Investment Analysis Attended numerous seminars sponsored by American Institute of Real Estate Appraisers (now Appraisal Institute), Society of Real Estate Appraisers (now Appraisal Institute), Flori- da State University, National Association of Mutual Savings Banks, and other financial insti- tution associations. Most recent appraisal course was Uniform Standards for Federal Land Acquisitions (June 2010), sponsored by the Appraisal Institute. Most recent seminar was Ap- praisal of Owner-Occupied Commercial Properties (November 2018). Florida State-Certified General Real Estate Appraiser RZ705 Expert witness in appraisal of real estate and businesses -- Circuit Court of Florida, Sixth District Federal Court, Middle District of Florida BUSINESS EXPERIENCE: 2015 to Present: Manager/owner, Tobias Realty Advisors, LLC, a firm specializing in appraisal and consulting in commercial and investment real estate in west central Florida. 1987 to 2015: Independent Contractor associated with Valuation Services, Inc. and To- bias Realty Advisors, LLC, firms specializing in appraisal and consulting in commercial and investment real estate. Assignments have included ap- praisal of a variety of commercial, industrial, and investment properties, as well as vacant land. Areas of specialization include churches, schools, convenience food/gasoline outlets, restaurants, retail centers, industrial, of- fices, medical/dental clinics, apartments, and lodging facilities. Appraisal TOBIAS REALTY ADVISORS, LLC 38 assignments have been prepared for financing, litigation, sale/purchase, and other functions. 1980 to 1987: Vice President, Warren Hunnicutt, Jr., Inc., Real Estate Appraisers and Consultants. Assignments included office buildings, shopping centers, in- dustrial facilities, residential developments, apartment buildings, resort properties, and closely-held businesses. 1979 to 1980: Associate Appraiser with L. T. Bookhout, Inc., Real Estate Appraisal and Consultation. Assignments included industrial facilities, special purpose properties, undeveloped land tracts, as well as historically significant properties being acquired by the National Park Service. 1977 to 1979: Commercial Loan Analyst/Appraiser with Poughkeepsie Savings Bank. Duties included appraisal of residential and commercial properties for mortgage loan purposes; review and recommendation of commercial loans to Board of Directors; field inspection and analysis of investment proper- ties in Southeast and Southwest United States. 1975 to 1977: Associated with Dutchess County Department of Real Property Tax and City of Beacon, New York in the assessment of properties for ad valorem taxation purposes. 1973 to 1975: Owned and operated masonry contracting firm specializing in custom resi- dential fireplaces, accent walls, exterior facades, etc. Independently registered Real Estate Broker -- State of Florida; BK348850 PROFESSIONAL AFFILIATIONS: MAI, Appraisal Institute Realtor, Florida Gulfcoast Commercial Association of Realtors (FGCAR) The Appraisal Institute conducts a program of continuing education for its designated mem- bers. MAI's who meet the minimum standards of this program are awarded periodic educa- tional certification. C. Richard Tobias is currently certified under this program. 2013 President, Florida Gulf Coast Chapter of Appraisal Institute ADDENDA S DUNCAN AVE N HERCULES AVE DREW ST CLEVELAND ST LAKEVIEW RD S KEENE RD S HERCULES AVE GULF-TO-BAY BLVD S BELCHER RD DAVID AVE HAMPTON RD SR 590 US-19 NN OLD COACHMAN RDN BELCHER RD NE COACHMAN RD PALMETTO ST CALUMET ST N SATURN AVE N KEENE RD GREENLEA DR N HIGHLAND AVE HILLCREST DR DRUID RD COURT ST S MISSOURI AVE S HIGHLAND AVE S LAKE DR PARK ST S BETTY LN S SAN REMO AVE PIERCE ST S MARTIN LUTHER KING, JR. AVE SEMINOLE ST KINGS HWY SUNSET POINT RD N BETTY LN DOUGLAS AVE MARSHALL ST N FORT HARRISON AVE N MYRTLE AVE JONES ST LAURA ST N GARDEN AVE PIERCE ST N OSCEOLA AVE CHESTNUT ST S MYRTLE AVE S FORT HARRISON AVE ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\DavidAve_CreativeContr.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Date:1/6/2020 City's David Ave. PropertyCreative Contractors' Drew St. Property ^ City's Property LOCATION MAP ^ Creative Contractors' Property XXXXGrid #:XX-XXs-XXeS-T-R:WDMap Gen By:RBReviewed By: DAVID AVE HAMPTON RD GULF-TO-BAY BLVD LEEWARD ISLE ELIZABETH AVE 7 1 337 205220 300 316 205 313 110 312 200 216 321 301 324 197 385 221 111 107 345 375 309 204 201 317 213212 217 217 209 193 391 208 305 108 155 304 209 118 115 320 331 2813280928032801285428702882280028922868288128982838288228202871290528102849B2862F2862CAERIAL MAP ² N.T.S.Scale: 17-29-16-00000-130-0900 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\City's David Ave Parcels.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Land ExchangeCity's David Avenue Property Page 1 of 1Aerial Flown 2019 Date:12/23/2019291BGrid #:17-29s-16eS-T-R:WDMap Gen By: 17-29-16-34650-000-0340 RBReviewed By: Parcels Size:+/- 5.68 ac. DREW ST JONES ST N GARDEN AVE 124 630205 614633235 200 133540 615600AERIAL MAP ² N.T.S.Scale: 09-29-15-44352-006-0070 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\618 Drew St CreativeContractor's.mxd 09-29-15-44352-006-0050 09-29-15-44352-006-0030 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Land ExchangeCreative Contractor's Drew Street property Page 1 of 1Aerial Flown 2019277BGrid #: Parcels Size:+/- 0.72 ac. 09-29s-15eS-T-R:WDMap Gen By:RBReviewed By:Date:12/23/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2019-09003 Agenda Date: 1/16/2020 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map amendment from the Institutional (I) category to the Residential/Office General (R/OG) category for 407 N. Belcher Road and pass Ordinance 9346-20 on first reading. (LUP2019-09003) Summary: This case involves one parcel of land located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater, LLC owns the parcel, which is approximately 0.729 acres. The applicant, E & J Caputo Clearwater, LLC purchased the property in 2007. For almost 30 years, the location was owned and used by a non-profit social welfare organization which provided services for senior citizens. Since 2004, the building has been used as a medical office with a lab service and ultrasound facility, including after the applicant bought the property. In August 2019, the owner entered into an agreement to lease the building to a financial broker, an office use which is not permitted in the current underlying institutional (I) future land use category or within the current Institutional (I) zoning district. The request is to change the property’s Future Land Use Map designation from Institutional (I) to Residential/Office General (R/OG). A request to rezone the property from the Institutional (I) District to the Office (O) District is being processed concurrently with this case (REZ2019-09002). The requested amendments would allow the property to be used as an office as proposed. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·Sufficient public facilities are available to serve the properties. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of the property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of Page 1 City of Clearwater Printed on 1/13/2020 File Number: LUP2019-09003 County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its December 17, 2019 public hearing and made a unanimous recommendation of approval to the Council. Page 2 City of Clearwater Printed on 1/13/2020 Ordinance No. 9346-20 ORDINANCE NO. 9346-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BELCHER ROAD, APPROXIMATELY 1075 FEET NORTH OF DREW STREET, WHOSE POST OFFICE ADDRESS IS 407 N. BELCHER ROAD, CLEARWATER, FLORIDA 33759, FROM INSTITUTIONAL (I) TO RESIDENTIAL / OFFICE GENERAL (R/OG); 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, as follows: Property Land Use Category See attached Exhibit A for Legal Description From: Institutional (I) To: Residential / Office General (R/OG) (LUP2019-09003) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Ordinance No. 9346-20 Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION LUP2019-09003 & REZ2019-09002; Parcel ID: 07-29-16-00000-330-1100 ========================================================================================= Begin at the Northwest corner of the Southwest One-quarter of Section 7, Township 29S, Range 16E, and run thence S 0° 01' 19" W, along the Section Line 1360.78 feet, for the Point of Beginning; thence S 0° 01' 19" W, along the Section Line, 298.94 feet; thence S 89° 36' 30" E, 277.23 feet; thence N 0° 05' 29" E, 299.31 feet; thence N 89° 41' 04” W, 277.63 feet to the Point of Beginning. Less and Except the West 50 feet for Belcher Road right-of-way. Also Less and Except the North 158.94 feet thereof, all lying and being situate in Pinellas County, Florida. PROPOSED FUTURE LAND USE MAP Owner(s): E & J Caputo Clearwater, LLC Case: LUP2019-09003 REZ2019-09002 Site: 407 N. Belcher Road Property Size(Acres): 0.73 Land Use Zoning PIN: 07-29-16-00000-330-1100 From: Institutional (I) Institutional (I) To: Residential/Office General (R/OG) Office (O) Atlas Page: 281A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 17, 2019 AGENDA ITEM: E. 1. CASE: LUP2019-09003 REQUEST: To amend the Future Land Use Map designation from Institutional (I) to Residential / Office General (R/OG) GENERAL DATA: Applicant ......................... Dr. Paul E. Caputo Owner ............................. E&J Caputo Clearwater, LLC. Location .......................... 407 N. Belcher Road, located on the east side of N. Belcher Road approximately 1,075 feet north of Drew Street. Property Size ................... 0.729 acres Background: This case involves one parcel of land located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater, LLC owns the parcel, which is approximately 0.729 acres. The applicant, Dr. Paul Caputo, is the manager member of the company which purchased the property in 2007. For almost 30 years, the location was owned and used by a non-profit social welfare organization which provided services for senior citizens. In 2004 the Community Development Board approved a Level II Flexible Development application (Case FLD2004-02007) to use the building as a medical clinic in the Institutional (I) zoning district as part of a comprehensive infill redevelopment project. Since then, the building has been used as a medical office with a lab service and ultrasound facility, including after E&J Caputo Clearwater, LLC bought the property. In August 2019, the owner entered into an agreement to lease the building to a financial broker, an office use which is not permitted in the current underlying Institutional (I) future land use category or within the current Institutional (I) zoning district. The request is to change the property’s Future Land Use Map designation from Institutional (I) to Residential/Office General (R/OG). A request to rezone the property from the Institutional (I) District to the Office (O) District is being processed concurrently with this case (see REZ2019-09002). The requested amendments would allow the property to be used as an office as proposed. Community Development Board – December 17, 2019 LUP2019-09003 - Page 2 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The city is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is supported by the City’s stated economic development goals and objectives. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 The site is surrounded by commercial uses, including across the street where a grocery store and other neighborhood scale retail are located, and additional office buildings both to the north and south of the subject property, located along N. Belcher Road. Detached dwellings encompass most of the properties to the east and south of the subject property. Map 3 Map 4 Community Development Board – December 17, 2019 LUP2019-09003 - Page 3 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are: Residential/Office General (R/OG) to the north, and to the southwest; Residential Low (RL) to the east and south; Residential Urban (RU) to the south; and Commercial General (CG) to the west of the subject property, across N. Belcher Road. A comparison between the uses, densities, and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Residential / Office General (R/OG) Primary Uses: Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Medium Density Residential; Residential Equivalent; Office Maximum Density: 12.5 Dwelling Units Per Acre 15 Dwelling Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Institutional (I) Medium Density Residential (MDR); Office (O) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objective and policy of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood 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 the application of the Clearwater Community Development Code. The proposed Residential/Office General (R/OG) future land use designation is compatible with the surrounding single-family residential, office and commercial uses. The Residential/Office General (R/OG) designation allows for less intense development than the current Institutional (I) designation. The applicant has indicated that the property will be utilized as an office, which would be allowed through the proposed future land use change. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Community Development Board – December 17, 2019 LUP2019-09003 - Page 4 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective, and policy listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi-Public (P/SP). Residential properties to the east and south are Residential Low Medium (RLM). There are properties designated Office (O) to both the south and north of the subject property, along N. Belcher Road as well as properties designated Retail & Services (R&S) across N. Belcher Road. The proposed City of Clearwater future land use designation of Residential/Office General (R/OG) will necessitate a Countywide Plan Map amendment from the Public/Semi-Public (P/SP) category to the Office (O) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.5 of the Countywide Rules states that the Office (O) category is intended to accommodate areas developed, or appropriate to be developed, with office uses, low-impact employment uses, and residential uses (subject to an acreage threshold), in areas characterized by a transition between residential and commercial uses and in areas well-suited for community-scale residential/office mixed used development. The current and proposed use, as indicated by the applicant, is an office, which is an appropriate use within the area and consistent with the proposed and surrounding Countywide Plan Map categories. This segment of N. Belcher Road is identified as a Scenic/Noncommercial Corridor, with the Enhancement Connector classification. The proposed Countrywide Plan Map Category of Office (O) is consistent with the Enhancement Connector classification. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of office buildings to the north and south, single-family homes to the east and commercial buildings to the west, across N. Belcher Road. The proposed use of the subject property as office (currently developed as such) is compatible with the surrounding properties and neighborhood. The proposed Residential/Office General (R/OG) future land use category primarily permits residential development at a density of 15 units per acre and non-residential development at a Floor Area Ratio (FAR) of 0.50. The future land use designations of surrounding properties include Residential Low (RL), Residential/General Office (R/OG) and Commercial General (CG). Community Development Board – December 17, 2019 LUP2019-09003 - Page 5 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed Residential/Office General (R/OG) future land use category, which primarily allows for moderate density residential, residential equivalent, and office uses, is consistent with the surrounding future land use designations that exist in the vicinity of the subject property, which primarily allow low to moderate density residential uses as well as office uses. The proposed amendment would allow the use of the existing building as an office, while maintaining a development pattern that is consistent with other properties in the area. Recommended Conclusions of Law: The proposed Residential/Office General (R/OG) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “R/OG” Net Change Site Area 0.729 AC (31,755 SF) 0.729 AC (31,755 SF) Maximum Development Potential 0 DUs /27 Beds1 20,640 SF 0.65 FAR 0 DUs /30 Beds2 15,877 SF 0.50 FAR 0 DUs / +3 Beds -4,763 SF -0.15 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (12.5 units per acre x 3 beds for each unit). 2. Residential uses are not permitted through the consistent Office (O) District; however, residential equivalent uses are permitted in the proposed Office (O) District (15.0 units per acre x 3 beds for each unit). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development density (dwelling units per acre) in the amendment area and a decrease in development intensity (Floor Area Ratio - FAR) across the amendment area, which would reduce demand on public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential/Office General (R/OG) future land use developed with a non-residential use (15,877 SF office) to the maximum development potential of the existing Institutional (I) future land use category developed with a non-residential use (20,640 SF medical office). For reference, the existing building is approximately 9,145 SF. Community Development Board – December 17, 2019 LUP2019-09003 - Page 6 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 476 gallons per day. This is determined by comparing the potential potable water utilization of the maximum square footage of a nonresidential use allowed by the proposed land use (1,588 gallons per day) to the potential utilization of the subject property if developed with the maximum square feet of a nonresidential use allowed by the current land use designation (2,064 gallons per day). The City’s current potable water demand is 11.096 million gallons per day (2018 Annual Water Report). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2018 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 381 gallons per day. This is determined by comparing the potential waste water utilization of the proposed land use developed with the maximum square footage allowed (1,270 gallons per day) to the potential waste water generation of the current land use designation developed at the maximum square footage permitted (1,651 gallons per day). The subject property is served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 6.46 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in a decrease of up to 4.6 tons per year of solid waste generated when comparing the amount of waste originated by a 15,877 SF office (42.9 tons per year) to that of a 20,640 SF medical office (47.5 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is an excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – December 17, 2019 LUP2019-09003 - Page 7 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (126) is calculated based on the typical traffic generation numbers for the consistent for Public/Semi-Public (P/SP) category (173 trips per day per acre for medical uses). The proposed Countrywide Plan Map category of Office (O) (89 trips per day per acre) would decrease the number to 65 trips per day. This is a decrease of 61 trips per day (51% fewer trips per day) compared to the number of trips under the current designation. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on public facilities since all are reduced, and will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirement. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – December 17, 2019 LUP2019-09003 - Page 8 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Residential/ Office General (R/OG). Prepared by Planning and Development Department Staff: Diego Guevara Senior Planner ATTACHMENTS: Ordinance No. 9346-20 Resume Photographs of Site and Vicinity LUP2019-09003 & REZ2019-09002 E & J Caputo Clearwater, LLC 8407 N. Belcher Road View looking east at subject property, 407 N. Belcher Rd. South of subject property North of subject property West of subject property, across N. Belcher Road View looking northerly along N. Belcher Road View looking southerly along N. Belcher Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2019-09002 Agenda Date: 1/16/2020 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Institutional (I) District to the Office (O) District for 407 N. Belcher Road and pass Ordinance 9347-20 on first reading. (REZ2019-09002) SUMMARY: This case involves one parcel of land located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater, LLC owns the parcel, which is approximately 0.729 acres. The applicant, E & J Caputo Clearwater, LLC purchased the property in 2007. For almost 30 years, the location was owned and used by a non-profit social welfare organization which provided services for senior citizens. Since 2004, the building has been used as a medical office with a lab service and ultrasound facility, including after the applicant bought the property . In August 2019, the owner entered into an agreement to lease the building to a financial broker, an office use which is not permitted in the current underlying institutional (I) future land use category or within the current Institutional (I) zoning district. The applicant is requesting to rezone the subject property from the Institutional (I) District to the Office (O) District. A request to amend the future land use category from Institutional (I) to Residential/Office General (R/OG) is being processed concurrently with this case (LUP2019-09003). The proposed Office (O) District will allow the site to continue to be used as an office as proposed and is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Office (O) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. ·The proposed Office (O) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. Page 1 City of Clearwater Printed on 1/13/2020 File Number: REZ2019-09002 The Community Development Board reviewed this application at its December 17, 2019 public hearing and made a unanimous recommendation of approval to the Council. Page 2 City of Clearwater Printed on 1/13/2020 Ordinance No. 9347-20 ORDINANCE NO. 9347-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY, BY REZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE EAST SIDE OF NORTH BELCHER ROAD, 1075 FEET NORTH OF DREW STREET, WHOSE POST OFFICE ADDRESS IS 407 N. BELCHER ROAD, CLEARWATER, FLORIDA 33759, FROM INSTITUTIONAL (I) TO OFFICE (O); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Land Use Category See attached Exhibit A for legal description From: Institutional (I) To: Office (O) (REZ2019-09002) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9346-20 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. Ordinance No. 9347-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION LUP2019-09003 & REZ2019-09002; Parcel ID: 07-29-16-00000-330-1100 ========================================================================================= Begin at the Northwest corner of the Southwest One-quarter of Section 7, Township 29S, Range 16E, and run thence S 0° 01' 19" W, along the Section Line 1360.78 feet, for the Point of Beginning; thence S 0° 01' 19" W, along the Section Line, 298.94 feet; thence S 89° 36' 30" E, 277.23 feet; thence N 0° 05' 29" E, 299.31 feet; thence N 89° 41' 04” W, 277.63 feet to the Point of Beginning. Less and Except the West 50 feet for Belcher Road right-of-way. Also Less and Except the North 158.94 feet thereof, all lying and being situate in Pinellas County, Florida. 323000 93433 62964 22 1 2 3 4 5 6 78 9 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6789 32/04 33/10 33/11 143 143 227.63 227 227.93 227.44158.94140.06140.06121.8121.875.5 158.9450 33 33 8 9 7 5 SUNCOAST CHRISTIAN SCHOOL 3 21 I I C O I O LMDR O LMDR LMDR I LMDRN BELCHER RD N E C O A C H M A N R D SHARKEY RD TERRACE DR N OAKMOUNT RD 700 325 401 309 410 412 500314 422 308 405 4044 0 0 320 326 22322 2 0 1 222722362 1 9 8 2 1 7 5 2226220722452 1 9 0 2221224022332241223122372245221522442 1 7 7 22202 2 0 0 513 407 415 0 4 223022332214700 325 401 309 410 513 412 500407 314 422 308 405 4044 0 0 320 326 415 22322 2 0 1 222722360 4 2 1 9 8 2 1 7 5 22262230220722452 1 9 0 2221224022332241223122372245221522442 1 7 7 22202 2 0 0 22332214700 325 401 309 410 513 412 500407 314 422 308 405 4044 0 0 320 326 415 22322 2 0 1 222722360 4 2 1 9 8 2 1 7 5 22262230220722452 1 9 0 2221224022332241223122372245221522442 1 7 7 22202 2 0 0 22332214-Not to Scale--Not a Survey-Rev. 10/11/2019 PROPOSED ZONING MAP Owner(s): E & J Caputo Clearwater, LLC Case: LUP2019-09003 REZ2019-09002 Site: 407 N. Belcher Road Property Size(Acres): 0.73 Land Use Zoning PIN: 07-29-16-00000-330-1100 From: Institutional (I) Institutional (I) To: Residential/Office General (R/OG) Office (O) Atlas Page: 281A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 17, 2019 AGENDA ITEM: E. 2. CASE: REZ2019-09002 REQUEST: To amend the Zoning Atlas designation from the Institutional (I) District to the Office (O) District. GENERAL DATA: Applicant ......................... Dr. Paul E. Caputo Owner ............................. E&J Caputo Clearwater, LLC. Location .......................... 407 N. Belcher Road, located on the east side of N. Belcher Road approximately 1,075 feet north of Drew Street. Property Size ................... 0.729 acres Background: This case involves one parcel of land located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater, LLC owns the parcel, which is approximately 0.729 acres. The applicant, Dr. Paul Caputo, is the manager member of the company which purchased the property in 2007. For almost 30 years, the location was owned and used by a non-profit social welfare organization which provided services for senior citizens. In 2004 the Community Development Board approved a Level II Flexible Development application (Case FLD2004-02007) to use the building as a medical clinic in the Institutional (I) zoning district as part of a comprehensive infill redevelopment project. Since then, the building has been used as a medical office with a lab service and ultrasound facility, including after E&J Caputo Clearwater, LLC bought the property. In August 2019, the owner entered into an agreement to lease the building to a financial broker, an office use which is not permitted in the current underlying Institutional (I) future land use category or within the current Institutional (I) zoning district. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Office (O) District. A request to amend the future land use category from Institutional (I) to the Residential/Office General (R/OG) is being processed concurrently with this case (see LUP2019-09003). The requested amendments would allow the property to continue to be used as an office as proposed. Community Development Board – December 17, 2019 REZ2019-09002 - Page 2 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is supported by the City’s stated economic development goals and objectives. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 3 shows the existing surrounding uses. Map 1 Map 2 The site is surrounded by commercial uses, including across the street where a grocery store and other neighborhood scale retail are located, and additional office buildings both to the north and south of the subject property, located along N. Belcher Road. Detached dwellings encompass most of the properties to the east and south of the subject property. Map 3 Map 4 Community Development Board – December 17, 2019 REZ2019-09002 - Page 3 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting zoning districts are: Low Medium Density Residential (LMDR) and R-3 Single Family Residential (Pinellas County) to the east and south; Office (O) to the north and south; and Commercial (C) to the west, across the street. REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objective and policy of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. 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 the application of the Clearwater Community Development Code. Applicable section of the Community Development Code which supports the proposed amendment: Division 10: Office District, Section 2-1001. Intent and Purpose. The intent and purpose of the Office “O” District is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Office (O) District is compatible with the surrounding single-family residential, office, and commercial uses. The Office (O) designation allows for less intense development than the current Institutional (I) designation. The applicant has indicated that the property will be utilized as an office, which would be allowed through the proposed zoning amendment. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objective, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective, and policy listed above. Community Development Board – December 17, 2019 REZ2019-09002 - Page 4 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, Section 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of office buildings to the north and south, single-family homes to the east and commercial buildings to the west, across N. Belcher Road. The proposed uses of the subject property as office (currently developed as such) is compatible with the surrounding properties and neighborhood. The proposed Office (O) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The use of the property as an office use, as proposed and as permitted in the requested Office (O) District, is compatible, consistent and in character with the surrounding properties and the neighborhood. Recommended Conclusions of Law: The proposed Office (O) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “R/OG” Net Change Site Area 0.729 AC (31,755 SF) 0.729 AC (31,755 SF) Maximum Development Potential 0 DUs /27 Beds1 20,640 SF 0.65 FAR 0 DUs /33 Beds2 15,877 SF 0.50 FAR +0 DUs / +3 Beds -4,763 SF -0.15 FAR Notes: 1. Residential uses are not permitted throughout the consistent Institutional (I) District; however, residential equivalents are permitted (12.5 units per acre x 3 beds for each unit). 2. Residential uses are not permitted through the consistent Office (O) District; however, equivalent uses are permitted in the proposed Office (O) District(15.0 units per acre x 3 beds for each unit). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Community Development Board – December 17, 2019 REZ2019-09002 - Page 5 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown in the table, there is an increase in development density (dwelling units per acre) in the amendment area and a decrease in development intensity (Floor Area Ratio - FAR) across the amendment area, which would reduce demand on public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential/Office General (R/OG) future land use developed with a non-residential use (15,877 SF office) to the maximum development potential of the existing Institutional (I) future land use category developed with a non-residential use (20,640 SF medical office). For reference, the existing building is approximately 9,145 SF. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 476 gallons per day. This is determined by comparing the potential potable water utilization of the maximum square footage of a nonresidential use allowed by the proposed land use (1,588 gallons per day) to the potential utilization of the subject property if developed with the maximum square feet of a nonresidential use allowed by the current land use designation (2,064 gallons per day). The City’s current potable water demand is 11.096 million gallons per day (2018 Annual Water Report). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2018 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 381 gallons per day. This is determined by comparing the potential waste water utilization of the proposed land use developed with the maximum square footage allowed (1,270 gallons per day) to the potential waste water generation of the current land use designation developed at the maximum square footage permitted (1,651 gallons per day). The subject property is served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 6.46 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in a decrease of up to 4.6 tons per year of solid waste generated when comparing the amount of waste originated by a 15,877 SF office (42.9 tons per year) to that of a 20,640 SF medical office (47.5 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is an excess solid waste capacity to serve the amendment area. Community Development Board – December 17, 2019 REZ2019-09002 - Page 6 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of N. Belcher Road, approximately 1,075 feet north of Drew Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (126) is calculated based on the typical traffic generation numbers for the consistent for Public/Semi-Public (P/SP) category (173 trips per day per acre for medical uses). The proposed Countrywide Plan Map category of Office (O) (89 trips per day per acre) would decrease the number to 65 trips per day. This is a decrease of 61 trips per day (51% fewer trips per day) compared to the number of trips under the current designation. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on public facilities since all are reduced, and will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Office (O) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – December 17, 2019 REZ2019-09002 - Page 7 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features, the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Institutional (I) District to the Office (O) District. Prepared by Planning and Development Department Staff: Diego Guevara Senior Planner ATTACHMENTS: Ordinance No. 9347-20 Resume Photographs of Site and Vicinity LUP2019-09003 & REZ2019-09002 E & J Caputo Clearwater, LLC 8407 N. Belcher Road View looking east at subject property, 407 N. Belcher Rd. South of subject property North of subject property West of subject property, across N. Belcher Road View looking northerly along N. Belcher Road View looking southerly along N. Belcher Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9349-20 2nd rdg Agenda Date: 1/16/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9349-20 on second reading, approving amendments to the Community Development Code to adopt the International Property Maintenance Code with Certain Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe Buildings and Systems and Chapter 49, Housing Code, and expanding the powers of the Building/Flood Board of Adjustment and Appeals to hear violations and appeals related to the International Property Maintenance Code. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/13/2020 1 ORDINANCE NO. 9349-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING SECTION 3-1502 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION WITH CERTAIN LOCAL AMENDMENTS; AMENDING SECTION 3-2304 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE TO REMOVE REFERENCE TO THE STANDARD HOUSING CODE AND REPLACE WITH REFERENCE TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION; AMENDING SECTION 3- 2305 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE TO REMOVE REFERENCE TO THE STANDARD HOUSING CODE AND REPLACE WITH REFERENCE TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION; AMENDING SECTION 47.033 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE TO EXPAND THE POWERS OF THE BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS; AMENDING SECTION 47.051 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE TO ADOPT THE FLORIDA BUILDING CODE; REPEALING CHAPTER 47, ARTICLE VII OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE IN ITS ENTIRETY; REPEALING CHAPTER 49 OF THE CLEARWATER COMMUNITY DEVELOPMENT CODE IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code (“the Code”) on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, Chapter 47, Article VII of the Code establishes standards for unsafe building abatement as articulated by the 1985 “Standard Unsafe Building Abatement Code” published by “Southern Building Code Congress International” (“SBCCI”); and WHEREAS, Chapter 49 of the Code also establishes minimum housing standards for the City as articulated by the 1991 “Standard Housing Code” (as amended), also published by SBCCI; and WHEREAS, in 1998, SBCCI, a statutory member of the “International Code Council” (“ICC”), participated in the development of the first edition of the “International Property Maintenance Code” (“IPMC”); and WHEREAS, the IPMC prescribes minimum maintenance standards for both residential and non-residential structures and buildings, as well as unsafe building abatement standards for both residential and non-residential buildings; and 2 WHEREAS, the City of Clearwater has determined that it is in the best interests of the citizens and to adopt parts of the IPMC, with certain local amendments, in order to properly secure the health, safety, and welfare of the public by prescribing minimum property maintenance standards for all buildings and structures within the City’s municipal limits; and WHEREAS, the Building/Flood Board of Adjustment and Appeals (“the Board”) has the power to hear appears from the decisions of the building official related to unsafe buildings, structures, and services systems but the Board does not have the power to issue orders requiring repair or demolition of unsafe buildings and structures; and WHEREAS, pursuant to Chapter 553, Florida Statutes, the City has adopted by reference the Florida Building Code with certain amendments; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-1502 of the Clearwater Community Development Code is hereby amended to read as follows: Section 3-1502. – Property maintenance requirements. (A). Minimum building and fire code requirements. All buildings shall be maintained in accordance with the Standard Florida Building Code, the Florida Fire Protection Prevention Code, and the Minimum Standard Housing Code as provided in Chapters 47 and 49 of the City's Code International Property Maintenance Code. (B)-(L). No change. (M). Adoption of the International Property Maintenance Code, 2018 ed. There shall be enforced in the city, by the building official, the “International Property Maintenance Code,” 2018 Edition, a copy of which is kept with the office of the city clerk, which is incorporated into the Code and adopted by reference with the following local amendments: 1. General amendments. The International Property Maintenance Code, 2018 addition is amended in that: a. Wherever the terms “International Building Code,” "International Energy Conservation Code,” “International Existing Building Code,” “International Fire Code,” ‘International Fuel Gas Code,” International Mechanical Code,” “International Plumbing Code,” “International Residential Code,” or “International Zoning Code” are found, the term “Florida Building Code” shall be substituted. 3 b. Whenever the term “code official” is found it shall be replaced with the term “building official.” 2. Section 101.1 “Title” is amended to read as follows: These regulations shall be known as the City of Clearwater Property Maintenance Code, hereinafter referred to as “this code.” 3. Section 102.1 “General” is amended to read as follows: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the Clearwater Code of Ordinances or the Clearwater Community Development Code and any ordinance of the City which is not specifically set forth therein, the most restrictive shall apply. Where differences occur between provisions of this code and a referenced code other than the Clearwater Code of Ordinances or the Clearwater Community Development Code and any ordinance of the City which is not specifically set forth therein, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall apply. 4. Section 102.3 “Application of other codes” is amended to read as follows: Repairs, additions, or alterations to a structure or changes of occupancy shall be done in accordance with the provisions of the Florida Building Code, Florida Fuel Gas Code, Florida Mechanical Code, and the National Fire Protection Act 70. Any conflict between this code and Chapter 553, Florida Statutes, as may be amended, the Florida Building Code, and the Florida Fire Prevention Code shall be resolved in favor of Chapter 553, Florida Statutes, the Florida Building Code, or the Florida Fire Prevention Code and nothing herein shall be deemed to be an amendment to those provisions of Florida law. 5. Section 103.1 “General” is amended to read as follows: The provisions of this code shall be administered by the building official or such other person or persons designated by the building official or the community development coordinator. 6. Section 103.2 “Appointment” is deleted in its entirety. 7. Section 103.4 “Liability” is amended so that the term “board of appeals” is replaced with the terms “the municipal code enforcement board” and “the building/flood board of adjustment and appeals.” 8. Section 103.5 “Fees” is deleted in its entirety. 9. Section 104.3 “Right of entry” is deleted in its entirety. 10. Section 106.3 “Prosecution of violation” is amended to read as follows: The building official may, in addition to or in alternative of, any criminal or civil penalties or seeking injunctive relief, bring violations of this code for prosecution before the municipal code enforcement board or the building/flood board of adjustment and appeals. In any 4 case in which either board finds that a violation has occurred, the board may order corrective action to be taken by a date certain, which corrective action may include the repair, improvement, vacation, or demolition of the building or structure. Both boards may also enter an order declaring that the city has the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the property as provided in Section 7-103(G) of the Clearwater Community Development Code. 11. Section 107.1 “Notice to person responsible” is amended to read as follows: Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the property owner for the violation as specified in this code. Notices for condemnation procedures shall comply with Section 108.3. 12. Section 107.2 “Form” is amended to read as follows: Such notice prescribed in Section 107.1 shall be in accordance with Section 7-102(B) of the Clearwater Community Development Code. 13. Section 107.3 “Method of Service” is amended to read as follows: Such notice prescribed in Section 107.3 shall be served upon the alleged violator as provided in Section 162.12, Florida Statutes (2018), and all subsequent amendments. 14. Section 107.6 “Transfer of ownership” is deleted in its entirety. 15. Section 108.2 “Closing of vacant structures” is deleted in its entirety. 16. Section 108.3 “Notice” is amended to read as follows: Whenever the building official has condemned a structure or equipment under the provisions of this section, notice shall be given to the person responsible in a form substantially similar to that found in Section 7-102(B) of the Clearwater Community Development Code and served upon the property owner as provided in Section 162.12, Florida Statutes, and all subsequent amendments. 17. Section 109 “Emergency Measures” is deleted in its entirety except for Section 109.2 “Temporary Safeguards” which is amended to read as follows: Notwithstanding other provisions of this code, whenever in the opinion of the building official there is imminent danger due to an unsafe condition, the building official shall order the necessary work to be done, including the boarding of openings, to render such building or structure temporarily safe whether or not the legal procedure herein described has been instituted and shall cause such other action to be taken as the building official deems necessary to meet such emergency. Any costs associated with this, including administrative costs, which shall become a lien against the property as provided in Section 7-103(G) of the Clearwater Community Development Code. 18. Section 110.3 “Failure to Comply” is amended to read as follows: If the owner of a premises or the owner’s authorized agent fails to comply with a demolition 5 order or an unsafe notice given pursuant to Section 108.3 within the time prescribed, the building official in addition to or in alternative of any criminal or civil penalties or seeking injunctive relief, may request a hearing before the municipal code enforcement board or the building/flood board of adjustment and appeals. In any case in which either board finds that a building or structure is dangerous, unsafe, insanitary, or otherwise unfit for human habitation or occupancy, the board may order corrective action to be taken by a date certain, which corrective action may include the repair, improvement, vacation, or demolition of the building or structure. Both boards may also enter an order declaring that the city has the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the property as provided in Section 7-103(G) of the Clearwater Community Development Code. Both boards may also issue fines as provided in Section 7-103(B) of the Clearwater Community Development Board. 19. Section 111 “Means of Appeal” is deleted in its entirety except for Section 111.1 “Application for Appeal” which is amended to read as follows: Any person directly affected by a decision of the building official shall have the right to appeal that decision to the building/flood board of adjustment and appeals as provided in section 47.035 of the Clearwater Community Development Code. 20. Section 112.2 “Issuance” is amended to read as follows: A stop work order shall be in writing and shall be given to the property owner. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 21. Section 112.4 “Failure to comply” is amended to read as follows: any personal who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be prosecuted in any manner authorized by the Clearwater Code of Ordinances or the Clearwater Community Development Code.. 22. Section 302 “Exterior Property Areas” is deleted in its entirety. 23. Section 303.2 “Enclosures” is deleted in its entirety. 24. Section 304.2 “Protective Treatment” is deleted in its entirety. 25. Section 304.3 “Premises identification” is deleted in its entirety. 26. Section 304.14 “Insect screens” is amended to read as follows: Every window in a residential structure that is capable of being opened and every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device 6 in good working condition. Screens shall not, however, be required where other approved means, such as air curtains or insect repellent fans, are employed. 27. Section 304.18.1 “Doors” is amended to read as follows: Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or effort. Such locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable lock. 28. Section 308 “Rubbish and Garbage” is deleted in its entirety. 29. Section 602.2 “Residential Occupancies” is amended to read as follows: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used as a means to provide required heating. If the heating facility is a portable electric space heater, then it must have a tip-over switch with automatic shut-off capability and overheat protection with automatic shut-off capability. 30. Section 602.3 “Heat Supply” is amended to require the supply of heat year- round and Exceptions Number 1 and 2 are hereby deleted in their entirety. 31. Section 602.4 “Occupiable Work Spaces” is amended to require the supply of heat year-round. 32. Section 603 “Mechanical Equipment” is deleted in its entirety. 33. Section 606 “Elevators, escalators and dumbwaiters” is deleted in its entirety. 34. Section 607 “Duct Systems” is deleted in its entirety. 35. Chapter 7 “Fire Safety Requirements” is deleted in its entirety except for Section 702 “Means of Egress” and Section 704.1 “Inspection, testing and maintenance.” Further, Section 704.1.3 “Fire protection systems” is amended to read as follows: The following fire protection systems shall be inspected, maintained, and tested in accordance with the Florida Building Code: 1) carbon monoxide alarms and carbon monoxide detection systems; and 2) single- and multiple-station smoke alarms. 36. Chapter 8 “Referenced Standards” is deleted in its entirety. 37. Appendix A101.1 “General” is amended to read as follows: Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons. 7 38. Appendix A102 “Materials,” Appendix A103 “Installation,” and Appendix A104 “Referenced Standard” are deleted in their entirety and replaced with the following specifications: To secure structures: materials to be used are as follows: Wire mesh ½ inch hardware cloth 19 gauge, galvanized to resist rust. Edges must be finished with no sharp projections. Frame 1”x 4” pressure treated wood pre-drilled for screws. Installation: Wire will cover window and or door with mitered corners wood frame on the outside 2” inches of the perimeter of wire and be screwed no more than 12” inches apart in center of run and at each end of wood, frame, and screwed to solid surface of metal, wood, and or concrete walls. Section 2. Section 3-2304 of the Clearwater Community Development Code is hereby amended to read as follows: Section 3-2304. – Residential rental compliance—Notice requirements of minimum applicable standards form acknowledging notice of housing and development standards. Each owner of real property to which this division is applicable shall receive notice of and shall file, with an initial business tax receipt application or, for existing licensees, by October 1 of each business tax receipt year, a notice requirements of minimum applicable standards form with the development and neighborhood services department acknowledging receipt of housing and development standards contained in Section 28.82, the Standard Housing Code the International Property Maintenance Code, 2018 edition, as adopted by Code of Ordinances Sections 49.01 and 49.02 3-1502(m) of the Clearwater Community Development Code, and the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained in Community Development Code, Article 3. Section 3. Section 3-2305 of the Clearwater Community Development Code is hereby amended to read as follows: Section 3-2305. – Inspections; noncompliance inspection fee. Complaint-driven or inspector-initiated inspections of properties subject to this division shall be conducted by the city to ensure that such properties are in compliance with the provisions of the Standard Housing Code International Property Maintenance Code, 2018 edition, and the city's development standards; provided, however, this provision shall not be interpreted as authorizing the city to conduct inspections of properties without the consent of the owner or occupant or without a warrant. 8 If the inspection of a property reveals violations of three or more of the provisions of Section 28.82, the Standard Housing Code International Property Maintenance Code, 2018 edition, or the city's development standards contained within Division 8, 12, 13, 14, 15, and/or 18, or a combination thereof, this may trigger a code inspector's request with the consent of the owner/occupant or designee, for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units. For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows: • One—four units, all units • Five—ten units, 50 percent of units • 11—29 units, 20 percent of units • 30—49 units, 15 percent of units • 50 or greater, if one location, five percent of the units with a maximum of 20 units In the case of 50 or greater units, buildings/developments if the inspector finds one or more, major, life safety or habitability violations in five percent of the units, the inspector may ask to see more units up to a total of 100 percent of the units in the community. The development services director shall assess a noncompliance inspection fee of $50.00 per unit inspected per re-inspection if any violation still exists after allowance of a reasonable time period for compliance. Section 4. Section 47.033 of the Clearwater Community Development Code is hereby amended to read as follows: Powers. The building/flood board of adjustment and appeals shall have the power to hear appeals from decisions and interpretations of the building official and to grant variances from the provisions of the technical codes adopted in this chapter and from the provisions of the flood protection ordinance of the city. The board shall have the power to hear appeals from decisions of the building official relating to unsafe buildings, structures and service systems, but the procedures for such appeals shall be as provided in the Standard Unsafe Building Abatement Code the International Property Maintenance Code, 2018 edition adopted in section 47.051 3-1502(m) of the Clearwater Community Development Code. The board shall also have the power to hear alleged violations of the International Property Maintenance Code, 2018 edition and in any case in which the board finds that a building or structure is dangerous, unsafe, insanitary, or otherwise unfit for human habitation or occupancy, the board may order corrective action to be taken by a date certain, which corrective action may include the repair, improvement, vacation, or 9 demolition of the building or structure. The board may also enter an order declaring that the city has the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the property as provided in Section 7-103(G) of the Clearwater Community Development Code. The board shall also have the power to issue fines as provided in Section 7-103(B) of the Clearwater Community Development Board. Section 5. Section 47.051 of the Clearwater Community Development Code is hereby amended to read as follows: (1) There shall be enforced within the city, by the building official, the following standard or national state-wide codes, which are adopted by reference: (a) Standard Codes, published by the Southern Building Code, Congress International, Inc.: 1. Standard Building Code, 1994 edition, including but not limited to chapter 39, the Coastal Construction Code; chapter 40, the County Wide Pool Code; and Appendix C. 2. Standard Plumbing Code, 1994 edition, with Appendixes B, C, G, I, and J. 3. Standard Mechanical Code, 1997 edition. Note: All references to the Standard Gas Code in the Standard Building, Plumbing, or Mechanical Code are to be interpreted as reference to NFPA 54 or NFPA 58. (b) National Electrical Code, 1999 edition, published by the National Fire Protection Association. (c) National Fuel Gas Code, NFPA 54, 1992 edition, published by the National Fire Protection Association. (d) Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA 58, 1992 edition, published by the National Fire Protection Association. (e) Standard Unsafe Building Abatement Code, 1985 edition, published by the Southern Building Code Congress International, Inc. (a) The Florida Building Code, as adopted by the Florida Building Commission, which is composed of: 1. Florida Building Code—Accessibility—6th Edition 2. Florida Building Code—Existing Building—6th Edition 3. Florida Building Code—Fuel Gas—6th Edition 10 4. Florida Building Code—Mechanical—6th Edition 5. Florida Building Code—Plumbing—6th Edition 6. Florida Building Code—Energy Conservation—6th Edition 7. Florida Building Code—Test Protocols for High-Velocity Hurricane Zones—6th Edition 8. Florida Building Code—Building—6th Edition Section 6. Chapter 47, Article VII of the Clearwater Community Development Code “Unsafe Buildings and Systems” is hereby repealed in its entirety. Section 7. Chapter 49 of the Clearwater Community Development Code “Housing Code” is hereby repealed in its entirety. Section 8. 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. Section 9. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 10. 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9352-20 2nd rdg Agenda Date: 1/16/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9352-20 on second reading, approving a request from Edgewater Valor Capital, LLC, to vacate a portion of a 5 foot-wide platted utility easement as recorded in Plat Book 31, Page 12 of the Public Records of Pinellas County, Florida, and a portion of a 10 food-wide plated alley, as recorded in Plat Book 4, Page 56 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/13/2020 Ord. No. 9352-20 ORDINANCE NO. 9352-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A 5 FOOT-WIDE UTILITY EASEMENT, ABUTTING THE SOUTH LINE OF LOTS 1, 2, AND THE WEST 34 FEET OF LOT 3 AS SHOWN ON THE PLAT FOR SUNNYDALE SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF A 10 FOOT ALLEY, ABUTING THE NORTH LINE OF LOTS 2, 6, 7, 8, AND THE WEST 40 FEET OF LOT 9, AS SHOWN ON THE PLAT FOR SUNSET POINT SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 56, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibits “A” and “B” attached hereto, has requested that the City vacate said platted easement and said platted alley; and WHEREAS, as a condition to the vacations, the City will require that the owner grant a new Utility Easement in place of the vacated Utility Easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement and alley are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The easement and alley described as follows: See Exhibit “A” and Exhibit “B” Ord. No. 9352-20 are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The property owner will grant to the City of Clearwater, Florida, a 10 foot-wide Utility Easement over, under, across, and through the real property described in Exhibit “C”, (attached hereto and incorporated herein) as deemed acceptable to the City of Clearwater, for installation and maintenance of all utilities therein by the City of Clearwater. 2. All public and private utilities shall be relocated without interrupting service by Edgewater Capital, LLC at its own expense and to the approval and acceptance of the utility owners and with all out of service utilities removed prior to completion of the project. 3. The Property Owner shall grant an individual easement to Knology of Central Florida (doing business as WOW!), as may be requested by said provider and the location and terms of which are acceptable to the respective utility provider. Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Frontier Communications have all submitted Letters of No Objection in response to the City’s vacation process stakeholder review. 4. This vacation ordinance shall be rendered null and void and the vacations not effective if any of the preceding conditions are not met, or, if for any reason whatsoever, the Project is abandoned, terminated, or otherwise not constructed. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Ord. No. 9352-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk SUNNYDALE DR SUNSET POINT RD EDGEWATER DR N FORT HARRISON AVE 1919 102010231900 100910141901 1860 102510271932 1035102810391018102810531022103010211920 1949 10311951 10341941 1899 104010441054E1052C1050B1050C1050D1052A1020102610581052B1054D1050AAERIAL MAP Proposed New 10' Utility 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 Alley and Utility Easement Vacationand Proposed New Utility Easement to City of Clearwater1020 Sunset Point Rd. Page 1 of 1Aerial Flown 20193-29s-15eS-T-R:251AGrid #:WDMap Gen By:Date:10/16/2019 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1020 Sunset Point Rd..mxd Proposed Vacation 10' Alley Proposed Vacation 5' Utility Easement RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9358-20 Agenda Date: 1/16/2020 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: City Manager's Office Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Code of Ordinances, Chapter 25 - Public Conveyances to define commercial megacycles and definitions to establish standards for commercial megacycles, to require a license for commercial megacycles to be operated in the city and to add penalties; approve amendments to the Clearwater Code of Ordinances, Chapter 6 - Alcoholic Beverages, to provide an exemption for megacycle passengers and pass Ordinance 9358-20 on first reading. SUMMARY: In August of 2019 staff was tasked with examining the feasibility of permitting the operation of megacycles in the City of Clearwater. After conducting research on a local and state level, staff developed a pilot program to determine the viability of the program. It has been determined that an amendment to the Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers, Article I - Public Conveyances would be needed to administer the pilot program. The Pilot program will include defined areas in downtown Clearwater and Clearwater Beach. Per council direction provided at the December 19, 2019 council meeting, staff has included the provision to allow alcoholic beverages on megacycles, requiring additional amendments to the Clearwater Code of Ordinances, Chapter 6 - Alcoholic Beverages. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/13/2020 Ordinance No. 9358-20 ORDINANCE NO. 9358-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE REGULATION OF COMMERCIAL MEGACYCLES; AMENDING CODE OF ORDINANCES CHAPTER 25 – PUBLIC TRANSPORTATION CARRIERS, ARTICLE I. – PUBLIC CONVEYANCES; ADDING DEFINITION OF COMMERCIAL MEGACYCLE TO SEC. 25.01, AND AMENDING DEFINITION OF RECREATIONAL VEHICLE TO ADD COMMERCIAL MEGACYCLE; AMENDING SEC. 25.02 TO ADD REGULATIONS FOR OPERATION OF COMMERICAL MEGACYCLES; AMENDING SEC. 25.04 TO PROVIDE FOR COMMERCIAL MEGACYCLE INSURANCE REQUIREMENT; AMENDING SEC. 25.21 TO ADD COMMERCIAL MEGACYCLE PROVIDER LICENSE REQUIREMENT AND ALLOW FOR PILOT PROGRAM; AMENDING CHAPTER 6 – ALCOHOLIC BEVERAGES, ARTICLE II – OPERATION OF ESTABLISHMENTS, SEC. 6.31 – PROHIBITED ACTS, TO EXEMPT MEGACYCLE PASSENGERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council adopted the 2018 Clearwater Downtown Redevelopment Plan that supports bicycle-friendly amenities and encourages the use of the Pinellas Trail; and WHEREAS, the City values and promotes tourism and activities that allow tourists to explore Clearwater; and WHEREAS, commercial megacycles are a healthy and environmentally sustainable form of travel that provide a fun way to enjoy Clearwater; 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. Ordinance No. 9358-20 Commercial megacycle means a vehicle that has fully operational pedals for propulsion entirely by human power and: (1) has four wheels and is operated in a manner similar to a bicycle; (2) has at least 5 but no more than 15 seats for passengers; and (3) is primarily powered by pedaling but may have an auxiliary motor capable of propelling the vehicle at no more than 15 miles per hour. 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-nontandemwheeled 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. 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. Ordinance No. 9358-20 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 had the 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 the subject 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 commercial megacycle, 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. 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, surrey bicycles, micromobility devices, and commercial megacycles; 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 headlight capable 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 white Ordinance No. 9358-20 reflector 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, 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. (5) All commercial megacycles shall be operated at all times by its owner or lessee or an employee of the owner or lessee. The operator shall be at least 18 years of age and possess a Class E driver license. While the commercial megacycle is in motion, it shall be occupied by a safety monitor at least 18 years of age, who shall supervise the passengers. No alcoholic beverages other than beer, wine, hard cider or malt based beverages below 19 percent alcohol by volume may be consumed by passengers, and only while on the commercial megacycle. No persons under the age of 21 are allowed on the commercial megacycle during a ride where alcohol is or is planned on being consumed. All passenger seats on the commercial megacycle must have seat backs and seat Ordinance No. 9358-20 belts. All passengers under 16 years of age are required to wear helmets, and commercial megacycle operators must offer helmets for all passengers, regardless of age, at no cost. Section 3: Sec. 25.04, Clearwater Code of Ordinances is hereby amended to read as follows: Sec. 25.04. - Liability insurance coverage required. (1) No certificate to engage in business shall be issued or renewed by the director of planning and development pursuant to this article unless there is in force a Commercial General Liability Insurance policy with the following minimum types and amounts: $500,000.00 per occurrence ($1,000,000.00 for commercial megacycles), combined single limit, for bodily injury, personal injury, and property damage. Such liability insurance policy shall specifically include the city as an additional insured and require each policy to be endorsed to state that coverage shall not be canceled by the applicant or carrier except after 30 days written notice sent via certified mail, return receipt requested, to the city. It is the applicant's responsibility to ensure notice to the city in accordance with the above requirement is met. (2) The applicant will provide the director of planning and development with a certificate or certificates of insurance showing the existence of coverage as required and will, upon written request by the city, provide the director of planning and development with certified copies of all policies of insurance. New insurance certificates and, when requested in writing, certified copies of policies shall be provided to the director of planning and development whenever any policy is renewed, revised, or obtained from other insurance carriers. Section 4: Secs. 25.21—25.214, Clearwater Code of Ordinances is hereby amended to read as follows: Sec. 25.21. – Commercial Megacycle License Required. No commercial megacycle provider shall display, offer, or make available for rent any commercial megacycle within the City, unless the provider holds a commercial megacycle 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 commercial megacycle provider operations on the Pier 60 roundabout, Sand Key, Island Estates, or any other area restricted pursuant to Section 25.18 of this Code. During the pilot program, commercial megacycles are permitted to operate only in the following areas: (1) East Avenue on the northbound roadway not trail section from Pierce Street to Cleveland Street; (2) Cleveland Street from MLK Avenue to Osceola Avenue; (3) North on Osceola Avenue from Cleveland Street to Drew Street Extension; (4) West on Drew Street Extension around Coachman Commons to Cleveland Street; (5) South on Osceola Avenue to Pierce Street; (6) East on Pierce Street to East Avenue completing one circuit; and (7) Clearwater Beach north and south of the Pier 60 roundabout on streets as shown on Diagram 1. *Insert Diagram 1, attached* Ordinance No. 9358-20 Sec. 25.214. - Reserved. Section 5: Sec. 6.31, Clearwater Code of Ordinances is hereby amended to read as follows: Sec. 6.31. - Prohibited acts. (1) It shall be a violation for any person licensed to operate an alcoholic beverage establishment, or employed by or acting as an agent of any such establishment, and who sells or causes to be sold any alcoholic beverage, to permit such beverage to be consumed on any property under the control, directly or indirectly, of the licensee, except within the area of the premises which is licensed for such sales and consumption. (2) It shall be a violation for any person to consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, on any property under the control, directly or indirectly, of the licensee, except within the area of the premises which is licensed for such sales and consumption. (3) It shall be a violation for any person to consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, off a licensed premises and within 500 feet thereof, except within enclosed buildings, within an area occupied by another alcoholic beverage establishment when that area is licensed for such consumption, or on property occupied by residential structures. The distance set forth in this subsection shall be measured by following a straight line from that portion of any structure licensed for the sale of alcoholic beverages nearest to the place of violation of this subsection. (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.91, pursuant to an outdoor cafe permit issued under the provisions of the Community Development Code, or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation that permits the sale or consumption at the location: (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited to unimproved public street rights-of-way terminating at a body of navigable water. "Public street" or "parking lot" as used in this subsection shall mean those areas described in F.S. § 316.003(53), (2004), which are defined to include the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for the purpose of vehicular traffic, including the parking lots of malls, strip centers, convenience stores, hotels, motels, or other commercial establishments. This paragraph shall not apply to passengers of a commercial megacycles authorized pursuant to Chapter 25; recent passengers not physically on the commercial megacycle are subject to the open container prohibitions contained in this section and in Florida Statutes. Ordinance No. 9358-20 (c) On any other publicly owned property, except on any portion of publicly owned property when rented to private parties or when authorized by the public agency that owns the property so long as the sale or consumption of alcoholic beverages would otherwise be in compliance with the Alcoholic Beverage Laws of the State of Florida. (d) On any portion of the Courtney Campbell Recreation Area as defined in section 22.21. (5) There shall be no bottle clubs. Section 6: 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: __________________________ ____________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk SGULFVIEWBLVDROCKAWAY ST I SLAND WAY MANDALAY AVE MEMORIAL CSWY S GULFVIEW BLVD BAYSIDE DR LEEWARD I S CORONADO DR BAYWAY BLVD HAMDEN DR SNUG I S WINDWARD PSGE P A L M IS S E P A L M IS N E DEVON DR BRIGHTWATERDR LARBOARD WAY HARBOR I S POINSETTIA AVE GULF BLVD ACACIA ST SOMERSET ST H A R B O R P S G E BAYMONT ST BAY ESPLANADE EAST SHORE DR CAMBRIA ST IDLEWILD ST POINSETTIA AVE DIAGRAM 1 GULF ofMEXICO CLEARWATER HARBOR PIER 60 ² N.T.S.Scale: Legend AllowableMega-Cycle Route CLEARWATER PASS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution #20-02 Agenda Date: 1/16/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Accept a utility easement from 1250 Main L.L.C. for the construction, installation and maintenance of city utility facilities on real property located at 1712 Gulf to Bay Blvd. and adopt Resolution 20-02. SUMMARY: The Utility Easement will allow the City rights for construction, installation and maintenance of utility facilities as the site is developed for commercial use. Page 1 City of Clearwater Printed on 1/13/2020 Resolution No. 20-02 RESOLUTION NO. 20-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM 1250 MAIN, L.L.C., FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from 1250 Main, L.L.C. for the construction, installation, and maintenance of certain utility facilities; 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 Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-02. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-02 S DUNCAN AVE S JUPITER AVE GULF-TO-BAY BLVD 300 401 309 407 407 405 310 308 403 401 405 400 311 404 406 309 306 402 311 403 171217151724170117001713AERIAL MAP Proposed New 3' Utility 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 3' Utility Easement to City of Clearwater1712 Gulf to Bay Blvd.Parcel Number: 14-29-15-00000-140-1400 Page 1 of 1Aerial Flown 2019 Date:11/21/2019 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1712 Gulf to Bay Blvd.mxd 288BGrid #:14--29s-15eS-T-R:WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-03 Agenda Date: 1/16/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Accept a drainage and utility easement from Gulfview Lodging, LLP for the construction, installation and maintenance of certain drainage and utility facilities on real property located at 385 S. Gulfview Blvd. and adopt Resolution 20-03. SUMMARY: The proposed easement will provide the City with property rights necessary for the construction, installation and maintenance of city drainage and utility facilities that support commercial development on the subject site. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 1/13/2020 [A05-00152 /244978/1] Resolution No. 20-03 RESOLUTION NO. 20-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A DRAINAGE & UTILITY EASEMENT FROM GULFVIEW LODGING, LLP, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY DRAINAGE & UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, as a prerequisite to the development of certain property owned by Gulfview Lodging, LLP (“Gulfview”), Gulfview made application for the vacation of a portion of Gulfview Boulevard right-of-way which contained public and private utilities (the “Vacation”); and WHEREAS, as a condition of the Vacation, City of Clearwater (“City”) Vacation Ordinance No. 9167-18 required Gulfview to relocate certain existing City drainage and utility facilities (the “Facilities”) at Gulfview’s expense; and WHEREAS, the relocation was subsequently determined not to be necessary, but rather Gulfview now desires to grant the City an easement for the construction, installation and maintenance of the Facilities, so that Facilities may be left in place and maintained; 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 Drainage and Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-03. 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 Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-03 FIFTH ST S GULFVIEW BLVD CORONADO DR S GULFVIEW BLVD 385 347 351 347 401 AERIAL MAP 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 Drainage & Utility Easement to City of Clearwater385 S Gulfview Blvd. Page 1 of 1Aerial Flown 2019 Date:11/25/2019 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\385 S Gulfview Blvd..mxd WDMap Gen By:RBReviewed By:276AGrid #: Proposed Drainage & Utility Easement385 7-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-06 Agenda Date: 1/16/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Accept a sidewalk easement from Habitat for Humanity of Pinellas County Inc., on real property located at 1121 South Street, and adopt Resolution 20-06. SUMMARY: The Sidewalk Easement will allow the City rights for repair, maintenance and replacement of proposed sidewalk as the 1121 South Ave. site is developed for single family housing. Page 1 City of Clearwater Printed on 1/13/2020 [A05-00152 /245826/1] Resolution 20-06 RESOLUTION NO. 20-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT OF A SIDEWALK AT 1121 SOUTH ST., CLEARWATER, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a sidewalk easement from Habitat for Humanity of Pinellas County, Inc. for the repair, maintenance, and replacement of a sidewalk; and WHEREAS, Habitat for Humanity of Pinellas County, Inc. 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 20-06. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemary Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-06 TIOGA AVE SOUTH ST 1344 13601352 11201348 1358 1357 13631110 1344 1123AERIAL MAP Proposed New 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 Easement1121 South St. Page 1 of 1Aerial Flown 2019 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1121 South Str.mxd Date:12/10/2019WDMap Gen By:RBReviewed By:306AGrid #:22-29s-15eS-T-R:1121 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9357-20 Agenda Date: 1/16/2020 Status: Attorney ReportVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12. 1 SUBJECT/RECOMMENDATION: Ratify the adoption of Resolution 19-34 authorizing the issuance of bonds to finance a portion of the costs of the Imagine Clearwater project in accordance with the Clearwater Code of Ordinances and pass Ordinance 9357-20 on first reading. SUMMARY: The City of Clearwater deems it necessary, desirable and in the best interests of the Issuer and its citizens and to serve a paramount public purpose that the Imagine Clearwater Project (Project) be completed. The Project shall be financed and/or reimbursed with the proceeds of debt instruments, together with certain other legally available funds of the City. 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 city, it is necessary and desirable that the Project be completed. The City has adopted Resolution No. 19-34 on November 21, 2019 (Bond Resolution) authorizing the issuance of debt instruments (Series 2020 Bonds), and in accordance with the Clearwater Code of Ordinances, Chapter 2, Article VI, Section 2.522, wants to ratify the adoption of the Bond Resolution and approve the issuance of such debt instruments in accordance with the Code of Ordinances. 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 city which are not funded by ad valorem taxation, will be sufficient to pay the principal of and interest on the Series 2020 Bonds, as the same become due, and to make all other payments provided for in the Bond Resolution. The principal of and interest on the Series 2020 Bonds and all other payments provided for in the Bond Resolution will be paid solely from the Pledged Funds; and the ad valorem taxing power of the city will never be necessary to pay the principal of and interest on the Series 2020 Bonds and, except as otherwise provided in the Bond Resolution, the Series 2020 Bonds shall not constitute a lien upon any property of the Issuer. The City intends on adopting a Supplemental Resolution to provide for the manner of sale and terms of the Series 2020 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 Series 2020 Bonds by the Underwriter, and the designation of the Paying Agent Page 1 City of Clearwater Printed on 1/13/2020 File Number: 9357-20 and Registrar, after it has completed the validation of the Series 2020 Bonds authorized in Section 8.08 of the Bond Resolution. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/13/2020 Ordinance No. 9357-20 ORDINANCE NO. 9357-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; RATIFYING THE ADOPTION OF RESOLUTION NO. 19-34; AUTHORIZING THE ISSUANCE OF BONDS TO FINANCE A PORTION OF THE COSTS OF THE IMAGINE CLEARWATER PROJECT IN ACCORDANCE WITH THE CITY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (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 Imagine Clearwater Project (the “Project”) be completed; and WHEREAS, the Project shall be financed and/or reimbursed with the proceeds of debt instruments, together with certain other legally available funds of the Issuer; and WHEREAS, 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; and WHEREAS, the Issuer has adopted Resolution No. 19-34 on November 21, 2019 (the “Bond Resolution”) authorizing the issuance of debt instruments (the “Series 2020 Bonds”), and in accordance with the Issuer’s Code of Ordinances, Chapter 2, Article VI, Section 2.522, the Issuer wants to ratify the adoption of the Bond Resolution and approve the issuance of such debt instruments in accordance with the Issuer’s Code of Ordinances; and WHEREAS, 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 Series 2020 Bonds, as the same become due, and to make all other payments provided for in the Bond Resolution; and WHEREAS, the principal of and interest on the Series 2020 Bonds and all other payments provided for in the Bond 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 Series 2020 Bonds and, except as otherwise provided in the Bond Resolution, the Series 2020 Bonds shall not constitute a lien upon any property of the Issuer; and WHEREAS, the Issuer intends on adopting a Supplemental Resolution to provide for the manner of sale and terms of the Series 2020 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 Series 2020 Bonds by the Underwriter, and Ordinance No. 9357-20 2 the designation of the Paying Agent and Registrar, after it has completed the validation of the Series 2020 Bonds authorized in Section 8.08 of the Bond Resolution; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The adoption of the Bond Resolution is hereby ratified and confirmed and the issuance of the debt instruments identified as the Series 2020 Bonds is hereby approved, subject to and in conformity with the provisions set forth in the Bond Resolution as the same may be modified or supplemented prior to the issuance of the Series 2020 Bonds as contemplated by the Bond Resolution. 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: __________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk