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05/21/2020Thursday, May 21, 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 May 21, 2020City Council Meeting Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, May 21, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following four options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (May 20) will become part of the official record. The City Clerk will read received comments into the record. 3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to speak to an individual item. 4)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. Invocation 3. Pledge of Allegiance Page 2 City of Clearwater Printed on 5/21/2020 May 21, 2020City Council Meeting Agenda 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 Employee of the Month award - Fire Medic Autumn Yanchunis 4.2 Emergency Medical Services Week Proclamation - Division Chief of EMS Anthony Tedesco and Fire Chief Scott Ehlers 5. Approval of Minutes 5.1 Approve the minutes of the May 7, 2020 City Council meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve an increase to Purchase Order No. 19000740 to Engineered Spray Solutions LLC of Lakeland, FL, for 2018 Sewer Point Repairs and Improvements Section D4 Manhole Surfacing Polyurethane (17-0060-UT), from $400,000 a year to a not to exceed amount of $950,000 a year for years two through four, increasing four-year term total from $1,640,000 to $3,290,000, February 1, 2019 through January 31, 2023, and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Business Lease Contract between the City of Clearwater (City) and Hope Academy International, LLC (tenant) for the use of a city-owned lot located at 918 Palmetto Avenue and authorize the appropriate officials to execute same. (consent) 7.3 Authorize a purchase order to Carl Eric Johnson of Lawrenceville, GA, for Moyno pumps, parts and services, in the annual amount of $300,000.00 with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 Exceptions to Bidding, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 5/21/2020 May 21, 2020City Council Meeting Agenda Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 25 S. McMullen Booth Road, and pass Ordinances 9372-20, 9373-20, and 9374-20 on first reading. (ANX2020-01001) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9390-20 on second reading, vacating a portion of a platted utility easement described as a part of Tract “C” Drainage Area, Sunstream Subdivision, according to the plat thereof, recorded in Plat Book 143, Pages 65-69 of the Public Records of Pinellas County, Florida. 10. City Manager Reports 10.1 Accept a utility easement from Florida Spine Properties, LLC for the construction, installation, and maintenance of city utility facilities on real property located at 2251 Drew Street and adopt Resolution 20-07. 10.2 Accept three utility easements from Gulf to Bay Storage Associates, LLC for the construction, installation, and maintenance of certain utility facilities on real property located at 1660 Gulf to Bay Boulevard and adopt Resolution 20-13. 10.3 Authorize staff to move forward with the necessary steps to obtain approval for the redevelopment of The Landings Golf Course site as a light industrial center. 10.4 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-22. 11. City Manager Verbal Reports 11.1 Clearwater Celebrates July 4th Page 4 City of Clearwater Printed on 5/21/2020 May 21, 2020City Council Meeting Agenda 11.2 Schedule a special council meeting on Thursday, June 11 at 9:00 a.m. for the purpose of a strategic planning session. 12. City Attorney Reports 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 5 City of Clearwater Printed on 5/21/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7768 Agenda Date: 5/21/2020 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: Employee of the Month award - Fire Medic Autumn Yanchunis SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/21/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7763 Agenda Date: 5/21/2020 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: 4.2 SUBJECT/RECOMMENDATION: Emergency Medical Services Week Proclamation - Division Chief of EMS Anthony Tedesco and Fire Chief Scott Ehlers SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/21/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7762 Agenda Date: 5/21/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 7, 2020 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/21/2020 City Council Meeting Minutes May 7, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, May 7, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes May 7, 2020 Page 2 City of Clearwater To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, May 7, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Rollcall Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, and Rosemarie Call – City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. using communications media technology. 2. Invocation - Dr. William Rice - Calvary Church 3. Pledge of Allegiance – Councilmember Bunker 4. Presentations – Given. 4.1 End of Session Update - The Honorable Ed Hooper, Florida Senate Senator Hooper provided a legislative update. He said the Governor and Legislature know the unemployment system is a disaster, but steps are Draft City Council Meeting Minutes May 7, 2020 Page 3 City of Clearwater being taken make it more efficient such as adding operator and augmenting the system with a paper form that is available at FedEx offices. He said many of the issues related to non-payment can be attributed to individuals not completing all the required fields on the form or submitting multiple applications. He said COVID-19 is not the flu; it is serious and is impacting our senior community. As the testing increase, the confirmed cases will increase as will COVID-19 related deaths. The State is starting to see a shortfall in sales tax revenue; 80% of the budget is derived from sales tax. He said many projects will not receive funding due to the shortfall. 5. Approval of Minutes 5.1 Approve the minutes of the April 16, 2020 City Council meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to Approve the minutes of the April 16, 2020 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 Gerry Lee expressed concerns with the costs associated with Imagine Clearwater and supported slowing down plan implementation until the state of the economy is known. Daniel Holuba supported shelving the Imagine Clearwater plan, stated that recycling is a good program but not an essential city service and expressed concerns with recent emails he felt threatened his freedom of speech. Marilyn Turman thanked the City for reinstating the refuse service and said the solid waste employee who cleared items from her property did an outstanding job and she thanked all the first responders, Wal Mart employees, and city Solid Waste employees for all their efforts during these difficult times. Kimberly Logan expressed concerns with opening recreation centers and pools and stated that the City is putting the kids and parents at risk if the facilities open. Draft City Council Meeting Minutes May 7, 2020 Page 4 City of Clearwater The City Manager said the city pools are scheduled to open next week. Staff will evaluate the concerns expressed and potential risks. The City Clerk read a comment received electronically from Karen Flaherty regarding the Cleveland Street Festival Area (see page 38). 7. Consent Agenda – Approved as submitted. 7.1 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19 and Harn Boulevard, at an estimated cost of $4,840, and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 41, at an estimated cost of $52,800, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Pinellas Park, Florida, in the amount of $175,187.59 for the renovations and replacement of the Pier 60 Bait House Grinder Pump Pneumatic Injector system and authorize the appropriate officials to execute same. (consent) 7.4 Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at least $80,388.96 and authorize the appropriate officials to execute same. (consent) 7.5 Request for authority to settle case of City of Clearwater v. Jannelli, et al., Case No. 19-1896-CI. (consent) 7.6 Approve renewal of Legal Services Agreement with Bryant Miller Olive for a three-year period to act as Bond Counsel and authorize appropriate officials to execute same. (consent) 7.7 Approve renewal of a Legal Services Agreement with Nabors, Giblin and Nickerson to serve as Disclosure Counsel for a period of three years beginning May 15, 2020 and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes May 7, 2020 Page 5 City of Clearwater Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the Substantial Amendment to the City of Clearwater’s 2016/2017 - 2019-2020 Consolidated Plan and 2019-2020 Annual Action Plan to reallocate unencumbered funding and to budget for additional funding provided by the United States Department of Housing and Urban Development (HUD) to address needs resulting from the COVID-19 Emergency. (APH) Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $492,592 of Community Development Block Grant Program funding (CDBG-CV) was directly allocated to the City of Clearwater for use within eligible programs to address community and housing impacts arising from the COVID-19 pandemic. HUD has also provided various regulation waivers and suspensions to provide for additional flexibility and expediency in utilizing the funding. The proposed Substantial Amendment to the 2019-2020 Annual Action Plan (Amendment) provides for the expenditure of $492,592 in CDGB-CV, $130,000 of unencumbered CDBG funding from Program Year 2019-2020 and $300,000 in HOME Investment Partnership Program funding. The funds will be distributed through four categories: Business assistance: The Economic Development and Housing Department (ED&H) will administer a program to provide grant funding and technical assistance to eligible businesses affected by the COVID-19 pandemic. Residential assistance: ED&H will administer a program to distribute funds for rental and utility assistance as well as mortgage and utility assistance to residents whose incomes have been affected by the pandemic. Public Services: For Program Years 2019-2020 and 2020-2021 and the CDBG-CV allocation, HUD has eliminated the requirement to spend no more than 15% of the respective allocation on Public Services. The proposed amendment budgets for expenditures in excess of the 15% cap for Public Services that mitigate or respond to impacts arising from the pandemic. Program administration: HUD regulations provide for up to 20% of CDBG-CV to be used for costs associated with administering these programs. The city’s General fund is not impacted by the proposed amendment. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish special program 181-G2010, CDBG-CV Fund, recognizing a budget increase of $492,592 in CDBG grant revenues from HUD, and a transfer of $131,000 in CDBG revenues from 181-G2004, Public Facilities. Draft City Council Meeting Minutes May 7, 2020 Page 6 City of Clearwater One comment supporting Item 8.1 was received electronically and read into the record by the City Clerk (see page 40). In response to a question, Economic Development and Housing Assistant Director Chuck Lane said staff plans to use some of the funding for foreclosure counseling; Clearwater Neighborhood Housing Services is one of the organizations staff has identified to provide the service. Gulfcoast Legal Services will assist individuals with fair housing issues and those facing foreclosure. Councilmember Hamilton moved to approve the Substantial Amendment to the City of Clearwater’s 2019-2020 Annual Action Plan to reallocate unencumbered funding and to budget for additional funding provided by the United States Department of Housing and Urban Development (HUD) to address needs resulting from the COVID-19 Emergency. The motion was duly seconded and carried unanimously. 8.2 Approve the request from the owner of property addressed as 2850 Sunstream Lane, Clearwater, to vacate a portion of a platted utility easement, described as a part of Tract C Drainage Area, Sunstream Subdivision, according to the plat thereof, as recorded in Plat Book 143, Pages 65 through 69, of the Public Records of Pinellas County, Florida and pass Ordinance 9390-20 on first reading. The property owner at 2850 Sunstream Lane, Clearwater, has requested that the City vacate a portion of a platted Utility Easement along the entrance to their property. The partial easement vacation will allow the property owner to construct an entrance sign to their subdivision. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. One individual expressed concern with the legal public notice, stating most individuals cannot read a legal description and suggested including an address and application number. The City Attorney said Council may continue the item or pass on first reading and staff will report back to Council prior to second reading. Staff Draft City Council Meeting Minutes May 7, 2020 Page 7 City of Clearwater will review the notice for legal sufficiency and an opinion prior to second reading. Councilmember Hamilton moved to approve the request from the owner of property addressed as 2850 Sunstream Lane, Clearwater, to vacate a portion of a platted utility easement, described as a part of Tract C Drainage Area, Sunstream Subdivision, according to the plat thereof, as recorded in Plat Book 143, Pages 65 through 69, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9390-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9390-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9389-20 on second reading, amending Chapter 32, Article V, Division 2, Pretreatment and Discharge Restrictions to specifically prohibit hazardous waste pharmaceuticals to add requirements for dental facilities that remove or replace dental amalgam fillings, to add reporting and waste management practices for dental facilities, to require installation, certification and maintenance of dental vacuum suction systems, and to provide exemptions from these requirements. Ordinance 9389-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9389-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1 Endorse the application for Project Last Dance and commit the City of Clearwater to provide local financial support (Local Match) not to exceed $10,000, which is ten percent of the eligible tax refund, upon certification by State of Florida Department of Economic Opportunity and adopt Resolution 20-20. Draft City Council Meeting Minutes May 7, 2020 Page 8 City of Clearwater The Florida Legislature created Florida Statute, Section s.288.106 to encourage the growth of Florida’s high wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by State of Florida Department of Economic Opportunity (DEO) for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Last Dance is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program which provides a performance-based incentive. The incentive is negotiated in advance of Project Last Dance commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Last Dance are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Last Dance expansion will increase the Company’s employment in Florida by greater than 10% and, as evidenced by staff’s economic impact analysis1 , the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Last Dance is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over five years beginning in 2021. Project Last Dance job creation schedule is as follows: PhaseNumber of net new full-time equivalent Florida jobs created in the business unitDate by which jobs will be created I 10 12/31/2021 2 3 12/31/2022 3 3 12/31/2023 4 2 12/31/2024 5 2 12/31/2025 Total 20 Draft City Council Meeting Minutes May 7, 2020 Page 9 City of Clearwater Below are the types of jobs expected to be created by this Corporate Headquarters: Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($) Custom Computer Programming Services 541511 100% $56,236 Average Wage 100% $56,236 Average wages of all new jobs created by Project Last Dance is to be no less than $56,236, which is 115% of the Statewide Annual Average Wage for the year ended December 31, 2019. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of eight years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new job created and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local City of Clearwater Match award per new job created is $500 for a total Local Match of $10,000. Payment Schedule Disbursement of the fifty percent Local Match is paid out over an eight-year period for each phase in which the jobs are created. The schedule is as follows: PHASE # JOBS ELIGIBLE LOCAL MATCH FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 YR1 10 $5,000 $1,250 $1,250 $1,250$1,250 YR2 3 $1,500 $375 $375 $375 $375 YR3 3 $1,500 $375 $375 $375 $375 YR4 2 $1,000 $250 $250 $250 $250 YR5 2 $1,000 $250 $250 $250 $250 TOTAL 20 $10,000 $1,250 $1,625 $2,000 $2,250 $1,250 $875 $500 $250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation & Termination Draft City Council Meeting Minutes May 7, 2020 Page 10 City of Clearwater During the term of the agreement, the Local Match may be lowered under the following conditions: • If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule award amount for that year. • If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: • If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. • If the average wage falls below $56,236, the company will not receive a refund and will be terminated from the program. APPROPRIATION CODE AND AMOUNT: For fiscal year 2022/23, funds are available in special program 181-99846, Economic Development - QTI. Future year funding will be allocated during the City’s annual budget process. Councilmember Hamilton moved to endorse the application for Project Last Dance and commit the City of Clearwater to provide local financial support (Local Match) not to exceed $10,000, which is ten percent of the eligible tax refund, upon certification by State of Florida Department of Economic Opportunity. The motion was duly seconded and carried unanimously. Resolution 20-20 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-20. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2 Approve Clearwater’s Back to Business Grant and Professional Services Program and adopt Resolution 20-21. The COVID-19 pandemic has been declared a national, state, county, and local Draft City Council Meeting Minutes May 7, 2020 Page 11 City of Clearwater State of Emergency. Executive orders by the State and County have ordered the closing of several types of businesses, and others be significantly negatively impacted by CDC guidelines for “social distancing”. The orders further restrict public movement. The pandemic is causing severe economic harm to small businesses. To aid the city’s hardest hit and most vulnerable small businesses, Economic Development & Housing requests approval of Clearwater’s Back to Business Grant and Professional Services Program (also to be known as Clearwater’s Back to Business Program). The Program supports both “brick & mortar” as well as home-based businesses and is more fully described in Exhibit A of Resolution 20-21. Brick & Mortar Businesses For qualifying businesses occupying a commercial space, the city will provide: 1. $3000 “quick pay” grant to be used for business expenses including, but not limited to commercial rent or mortgage and/or utilities, vendor payments, employee wages, other. 2. Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. Non-profit organization will receive an administrative fee of 10% of total services provided. 3. $2000 grant upon completion of Professional Services obligations. Staff requests approval of $3,500,000 in General Fund Reserves to support the program described above. The City Attorney’s office has offered Legal Opinion regarding the constitutionality of the use of general fund revenue for the purposes described. Based on the facts presented, including appropriate legislative findings, Economic Development & Housing concurs with the conclusion of the City Attorney’s office that expenditures limited to Brick & Mortar Businesses serve a public purpose. Economic Development and Housing also finds the program, described above, is consistent with the principles and practices of Economic Development. That is, the use of public funds 1) will provide a direct economic impact through the retention of jobs; 2) will provide indirect impact through the generation of economic activity; and 3) will yield positive fiscal impacts for the city of Clearwater (i.e. will reduce the negative impacts to the city commensurate with the investment). Staff will endeavor to reimburse General Fund Reserves to the maximum amount possible using funds that are, or may become, available. These funding sources include, but are not limited to, Community Development Block Grant as made available by the federal CARES Act (CDBG-CV), Community Redevelopment Agency, Downtown Development Board and others. Currently, staff estimates approximately $300,000 will be reimbursed to General Fund Reserves. Draft City Council Meeting Minutes May 7, 2020 Page 12 City of Clearwater Home-Based Businesses For qualifying home-based businesses, the city will provide: 1. Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. Non-profit organization will receive an administrative fee of 10% of total services provided. 2. Grant equal to 1 month’s revenue, not to exceed $2000, as evidenced by appropriate financial records. Funding is provided by CDBG-CV, Community Redevelopment Agency, Downtown Development Board and others Application Process Applications will be processed via online portal and will take approximately 15-20 minutes to complete. Applicants will be served on a “first complete application, first served” basis until funds are exhausted. Termination of Program Program will end when all funds are exhausted or December 31, 2020, whichever occurs first. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish special program 181-G2011, Back-to-Business Grant Program, recognizing an allocation of $3,500,000 of General Fund reserves to fund this program. USE OF RESERVE FUNDS: Funding for this program will be provided by a mid-year budget amendment allocating General Fund reserves of $3,500,000 to 181-G2011, Back-to-Business Grant Program. Inclusive of this item if approved, a net total of $4,322,000 of General Fund reserves has been appropriated by Council to fund expenditures in the 2019/20 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $23.2 million, or 15.3% of the current General Fund operating budget. Economic Development and Housing Director Denise Sanderson provided a PowerPoint presentation. In response to questions, Ms. Sanderson said there will be two different applications, home based businesses and brick and mortar. Staff intends Draft City Council Meeting Minutes May 7, 2020 Page 13 City of Clearwater to do a pro-rata distribution; the lottery pool would be based on the percentage of applications for each category. Since city libraries will not open prior to May 18, the one-week registration will allow businesses that may not have the needed technology to begin the application process. Applicants will need to identify if they are interested in the professional services. Ms. Sanderson said there will be a significant challenge in budgeting as staff will not know how much will be needed for professional services. Staff anticipates there will be several rounds of invitations to the applicant pool as funds are encumbered or applicant ineligibility. She said staff will contact the software company used for the application about a random application selection process; if the company is unable to conduct a random selection, staff will approach other vendors. Ms. Sanderson is not aware if the City of St. Petersburg considered home-based businesses; Pinellas County did consider home-based businesses but found their revenues averaged $25,000 or less and many were eligible to continue their operation and chose not to include home-based businesses in their recent round of funding. She said the Pinellas County Commissioners requested staff consider potential funding during the second funding phase. A comment in opposition was received electronically and read into the record by the City Clerk (see page 39). The City Attorney said legal staff review concluded that Council has the authority under F.S. 466.021(8)(a) to make the finding that the Back to Business Program is a public purpose, in this case to retain economic development. She said Resolution 20-21 includes the appropriate findings to allow the expenditure of general funds for Back to Business grant and professional services. She said one of the findings listed in the resolution states that it does not cause the City to absorb any existing, new or ongoing financial liability or debt, directly or indirectly, from the grantees of the program nor does it result in the City of Clearwater entering into stockownership or joint ownership of the businesses supported, which are important from a constitutional standpoint. Discussion ensued with comments made that hopefully the City will be reimbursed for some of these funds from a federal program and that staff did a wonderful job to propose a well thought out plan. Councilmember Hamilton moved to approve Clearwater’s Back to Business Grant and Professional Services Program. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes May 7, 2020 Page 14 City of Clearwater Resolution 20-21 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-21. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.3 Approve the Local Mitigation Strategy developed for Pinellas County and adopt Resolution 20-18. The purpose of the Local Mitigation Strategy is to establish an ongoing process that will make hazard mitigation part of the daily functions of the entire community. The Local Mitigation Strategy serves as a bridge between local governments' growth management plans, the county comprehensive emergency plan, land development regulations, and relevant ordinances and codes such as those for floodplain management. Most of the burden of recovering from a disaster falls on the shoulders of local government. A major disaster can bring extraordinary hardship to citizens, devastate the economic base, and diminish quality of life for years to come. If hardships seen in other parts of the country can be avoided by making smarter decisions before the disaster, the best interest of our citizens, businesses and communities are better served. The objective of the Local Mitigation Strategy is to develop a blueprint or guide intended to provide a unified and consistent course of action needed to eliminate or reduce the impact of disasters that threaten Pinellas County and its municipalities. The current Local Mitigation Strategy is the fourth update to the original, adopted in 1999. Comprehensive updates were completed every 5-years, in 2004, 2009, and 2015. The complete local mitigation strategy document can be found at http://www.pinellaslms.org. Councilmember Hamilton moved to approve the Local Mitigation Strategy developed for Pinellas County. The motion was duly seconded and carried unanimously. Resolution 20-18 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-18. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Draft City Council Meeting Minutes May 7, 2020 Page 15 City of Clearwater Councilmember Bunker and Councilmember Beckman 10.4 Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469 for the 2019 City Seawall Project (19-0021-EN), increasing the contract from $254,710.50 to $306,179.50, and authorize the appropriate officials to execute same. (consent) September 5, 2019, City Council approved a construction contract for repairs at eight locations: five on Island Estates, two at street ends on the intercoastal, and one at the Betty Lane bridge over Stevenson Creek. Repairs include replacement of seawall caps and anchors, installation of secondary tiebacks, drain installation, cleaning of seawall joints, and hydraulic grout installation. Change Order One is for repairs of an additional seawall location on Hamden Drive and 3rd Street. Proposed repairs include installation of drains, cleaning and sealing vertical joints, and filling voids along approximately 100 feet of seawall. Staff requests to continue the item to determine impact if the contract was amended to raise the sea walls by one foot. APPROPRIATION CODE AND AMOUNT: ENGF180006-CONS-CNSTRC Funds are available in capital improvement project ENGF180006, Citywide Docks and Seawalls, to fund this change order. Councilmember Hamilton moved to continue Item 10.4 to May 21, 2020. The motion was duly seconded and carried unanimously. 10.5 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19. Resolution 20-19 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-19. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman The Council recessed from 7:36 p.m. to 7:43 p.m. 11. City Attorney Reports – None. 12. Other Council Action Draft City Council Meeting Minutes May 7, 2020 Page 16 City of Clearwater 12.1 Business Recovery Task Force Recommendations Mayor Hibbard explained that the task force was convened by Amplify Clearwater to bring forward recommendations to improve the climate once the state was reopened. Staff has gone through the 28 requests and talked about the economic impact of each with notes explaining their stance and response to what they believe should be done. He said the task force was assembled with business people from many sectors including hospitality, hotels, restaurants, brick and mortars, and the healthcare system. Task force member Brian Aungst, Jr. said the intent of the board was to be collaborative, helpful, and positive, understanding some of the ideas presented might not work as they were intended to work, but the intentions were good and the task force was trying to mobilize creativity. The involvement from staff and council has been extremely helpful. Discussion ensued by reviewing each recommendation: # Request IMPACT NOTES City Response 1 Abate rent for city tenants; extend lease terms = to abatement period Equivalent monthly lease/use/license agreement loss: GF - $54,000, Beach Marina - $90,000, Airpark - $26,000. Unrecoverable lost revenue from commissions: GF - $141,000, Beach Marina - $28,000, Airpark - $1,100. Abating leases, use agreements, and license agreements has a significant impact to the multiple funds, which are already seeing revenue reduction related to the lack of commission based payments. The County's approved business recovery program, Pinellas Cares and, pending approval, our business recovery program provide the potential for up to $10,000 in assistance for issues such as rent and utility payments. Administration supports continuing rent deferrals through the month of May. We believe abatements should be considered on a case by cases basis for those businesses who have applied for and have been either accepted or rejected for the programs. Future consideration will focus on meeting the criteria set forth in the City plan. Assistant City Manager Micah Maxwell said the council approved an Draft City Council Meeting Minutes May 7, 2020 Page 17 City of Clearwater assistance program earlier in the meeting, the county also approved an assistance program which support businesses by paying leases and utilities. Staff felt like individuals should go through the assistance programs first, and if there are issues coming out of the programs, staff can review on a case by case basis. There was consensus to handle any issues on a case by case basis. See Item 10.2 2 Grant $ for locally owned sm. Businesses (e.g. St. Pete Fighting Chance Fund) Staffing - ED&H and CRA would have very significant immediate and short term (0-8 months); Funding - The program will include $3,200,000 from General Fund Reserves and $480,000 in CDBG funds for consideration at initial approval, and is requesting $240,000 from CRA and $80,000 from DDB that would need to be approved by those entities at a later date. Staff is currently presenting a program focused on providing grant dollars for locally owned small businesses on 5/7. Downtown plan and CRA plan would need to be modified for use of CRA funds Administration supports moving forward with the plans being presented on 5/7. 3 Defer DA/Permit Fees (Level I) Significant impact to P&D and IT at initial change and at reversion. Staff time altering system architecture cannot be justified at this time. The administration does not support this initiative. A change of this nature would create a significant strain on resources during a time when we believe we should be focusing our efforts on providing responsible, reliable service as Draft City Council Meeting Minutes May 7, 2020 Page 18 City of Clearwater Mr. Maxwell said Accela would require substantial alterations which would be a fairly large time strain on IT and Planning staff. Instead of making the change, he said staff will be more efficient in the permit and inspection process; this would not be something staff supports due to the time to implement and it probably would not be as beneficial to users as hoped. There was consensus to strike this item from consideration. quickly as possible. 4 Hold DRC/CDB meetings Minimal - Limited to training We will be holding a virtual May DRC via WebEx. While some entities are holding virtual quasi- judicial hearings, the City Attorneys Office advises against doing so for city Quasi-judicial proceedings. P&D has scheduled a virtual DRC meeting for May, however based on Legal advice, we do not intend to hold CDB meetings until we can do so in a manner that the City Attorney believes will meet the legal standard of Florida Statutes. Draft City Council Meeting Minutes May 7, 2020 Page 19 City of Clearwater Mr. Maxwell said there are concerns regarding the legality on having meetings on the zoom platform. The City Attorney said staff recommends having quasi- judicial meetings wait until they can be done live as they require that the public be able to potentially be parties and there is potential for cross examinations and evidence. Most jurisdictions are not doing quasi-judicial meetings at this time. She said she was not aware of any provisions being granted by the state to allow virtual quasi-judicial meetings because of the requirements for the ability of submission of evidence and participation that is allowed. There was consensus to hold virtual DRC meetings. 5 Extend permit/DO/DA deadlines (Ch 252 FS). Invoke for all applicants Based on the current practice, impact is minimal. Per the City Attorneys Office, the governing statute requires the holder of the development right to invoke the tolling but there is nothing in the statute which permits the City to invoke it for them. And while that might not seem like a problem at first blush, I can imagine a scenario where there is significant opposition to a project and the developer doesn’t invoke the tolling since it thinks we did it for them. After the original deadline passes, either the City, the developer, or both could then be hit with a lawsuit seeking declaratory or injunctive relief from the opponents who could credibly argue that the development order or permit has expired and therefore no further development is permitted. The administration supports currently authorized and systematic extensions when requested or as provided for by executive authority. At this time, staff is extending permit time frames due to lack of required inspections and no expired permit fees are being added at this time. Mr. Maxwell said the original idea was to place an automatic extension of these items. He said the City Attorney’s office provided the opinion that the City should not do that, but rather provide communication that an extension is available to those with outstanding permits, etc. The City Attorney said the City does not have the authority to automatically provide an extension; the applicant would have to request it. Mr. Maxwell said Draft City Council Meeting Minutes May 7, 2020 Page 20 City of Clearwater Amplify and staff would come up with general communication to provide. Mr. Aungst said Amplify and staff want to make sure everyone is on a level playing field and let people know they have a statutory right to the extension based on the COVID-19 Pandemic. Mr. Maxwell said he doesn’t know how the message will be relayed; he will meet with Public Communications to coordinate a response. 6 Implement short- term variance process for CDC This change would be very challenging to incorporate and would likely impact inhibit our COVID-19 response The City incorporates a performance based regulatory framework which does not require adherence to strict Euclidian legal standards for the granting of variances. Provisions related to flexibility substantially exceed those commonly found in variance processes when legally observed. It is unclear how this item is related to the COVID-19 response, and as such administration does not support the change. The proposed change would create a significant strain on resources during a time when we believe we should be focusing our efforts on providing responsible, reliable service as quickly as possible. Mr. Maxwell said the proposed change is the Pinellas County process and is something staff can consider in the upcoming code review, but to try to implement now would be a significant undertaking and distract staff from providing the best service in the immediate future. Staff’s preference is to continue with the flexibility the code currently provides. Draft City Council Meeting Minutes May 7, 2020 Page 21 City of Clearwater 7 Bldg. Permits: Use private reviewers incl site permits; use private inspectors; discount 66% for private review of both; discount 50% for private review only. Statutory authority currently exists for use of private plan reviewers and inspectors. These functions are routinely being performed. Fee reductions have been adopted by City Council. The statutory basis for the fee reduction is section 553.791(2)(b) which provides that when using private plan reviewers, building owners and contractors should pay reduced building permit fees and no inspection fees. The statute requires the City to calculate the cost savings to the City for not reviewing the plans and reduce the permit fee accordingly. Additionally, the statute says that the City cannot charge any inspection fees, we can charge a reasonable administrative fee. Administration does not support changes at this time. We are currently providing a 33% reduction. As part of the upcoming workplan for Planning and Development, they will be reviewing private plan review fees again to see what is appropriate. The department will work with Finance to identify the most appropriate way to determine the savings associated with use of private plan review. Mr. Maxwell said Florida Statutes define how staff determines the percentage to charge and there is a process to follow. Planning and Development staff will be working on this issue later in the year and will research the fee schedule. It was stated that the task force is ok with deferring the recommendation. Draft City Council Meeting Minutes May 7, 2020 Page 22 City of Clearwater 8 Req city reviewers' comments be raised by initial review so no pre-existing conditions can be raised (other than new) once Final has occurred. Potential for conflict with building code and licensing requirements. That said, staff strives to be as thorough as possible during the first review. Resubmissions that address comments with design changes may impact other aspects of the proposal and that design change could impact other trades that could generate new comments. The designer may also further refine and finish their design during the review process and that could result in new comments. This item does not appear COVID-19 related, and as such administration does not support changes at this time. As stated above, P&D is preparing to go through a review of its development related business processes in the next year which will highlight opportunities for process improvement. Mr. Maxwell said staff does their best to be as diligent as possible but sometimes plans do go to a second or third review. Planning and Development has a business process review scheduled for later this year and this may be something that comes in as an improvement, but staff wants to look at the whole process to identify areas of improvement. Draft City Council Meeting Minutes May 7, 2020 Page 23 City of Clearwater 9 Expand outdoor dining policies to aid w/social distancing The Code allows “outdoor cafes” and they are defined as accessory to an adjacent business when located on private property, or when encroaching into the public rights of way, that serves beverages and food and is open- air. Staff believes that dining area is on a patio, porch (under a roof) but not enclosed with walls or screens would be considered "open-air" which would make it part of the gross floor area. Outdoor cafes in the public right- of-way – are allowed in Downtown and the Tourist District on Clearwater Beach including a section along Beach Walk. Outdoor cafes are restricted to the sidewalk frontage on the business applying for the permit and can’t extend for more than 25’ from the façade of the business. There are other location and design requirements that address furnishings, pedestrian paths, perimeters, etc. There are operational requirements including the need for the operator to enter into a written agreement holding the city harmless from all liability (approved by the City Attorney), as well as insurance. Outdoor cafes on private property – treated as an allowable accessory use and approved through the applicable development review process and is exempt for off-street parking requirements. This provision affords significant flexibility with little regulation. Staff is supportive of working with restaurants to support temporary outdoor café areas. It would be helpful if we could receive some additional information on where businesses are running into issues so that we can identify the best solutions. Draft City Council Meeting Minutes May 7, 2020 Page 24 City of Clearwater Mr. Maxwell said they are working with restaurants all over the city. It was stated that the request has already been implemented for Cleveland Street. 10 Waive permitting requirements on sandwich board signage for a period of time Very few businesses even get through a sandwich board sign permit. As with the item above, there are operational requirements including liability insurance. Administrative staff have already commenced and will continue a relaxation of enforcement activities for certain types of signs during this period of economic disruption. City staff will continue to do so for the foreseeable future until a more stable business environment exists. Priorities will continue to be given to matters of public safety including maintaining accessible pathways and ensuring visibility is not blocked. Changes in this policy will be preceded by courtesy notification. Mr. Maxwell said staff is looking at relaxing enforcement rules to allow this type of advertisement. Staff is in agreement with Amplify and is willing to be flexible. Draft City Council Meeting Minutes May 7, 2020 Page 25 City of Clearwater There was consensus to waive the requirement through Labor Day. 11 Allow Grand Re- Opening Signs for 45 day period Grand opening signs fall under temporary signs. A total of four 16 s.f. temporary signs are allowed per parcel, two of which can be commercial signs and one of those one may be a banner, such as a Grand Re-opening sign. As written the code allows these signs for 30 days and the only way to approve 45 days is to change the code. Administrative staff have already commenced and will continue a relaxation of enforcement activities for certain types of signs during this period of economic disruption. City staff will continue to do so for the foreseeable future until a more stable business environment exists. Priorities will continue to be given to matters of public safety including maintaining accessible pathways and ensuring visibility is not blocked. Changes in this policy will be preceded by courtesy notification. Mr. Maxwell said the temporary signs that would be considered have a limit of 30 days and staff is looking at extending it by 15 days, but Labor Day could be used as the cut off. Planning and Development Director Gina Clayton clarified that all commercial properties are allowed 4 temporary signs, each one can be 16 square feet in area, 2 of them can have commercial messages. Banner signs are limited to 30 days; another type of Draft City Council Meeting Minutes May 7, 2020 Page 26 City of Clearwater grand opening sign would not have a time limit. There was consensus to allow the grand re-opening signs though Labor Day. 12 Use P&R Impact Fees & City Traffic Impact Fees be used in area of created development Need more information to determine The use of these fees is governed by Florida Statutes as well as the city's comprehensive plan and code of ordinances. For Parks and rec impact fees, the rules governing these fees are focused on the use of impact fees benefiting the areas where they are collected, however if there is no property or project where it can be spent may have to use for city wide facilities. For traffic fees, the ordinance requires funds be spent on transportation improvements identified by Forward Pinellas and within the City's long range and comprehensive plans Administration supports these funds in a manner consistent with the governing rules and regulations, which currently support their use in the area of created development. The City Attorney said the City’s ordinance establishes the impact area and the fees are required to be spent in that area. 13 Waive or defer BTR $ for a period of time; BTR Registration req'd N/A Initial research by the City Attorney's office indicates that the city can neither abate nor defer collections of BTRs. Legal has provided opinions by the Attorney General outlining the reasoning for this and we will be happy to provide that information to Amplify. Based on the initial research completed by Legal, the city does not have the ability to provide the requested deferral or abatement. The City Attorney said BTRs are regulated by the state and are a tax. The City has the authority to reduce or increase the fee by 5% on a bi-annual review, but the City has no authority to waive or defer those fees. She said BTR’s can be reviewed overall every two years but there is a limit on what Draft City Council Meeting Minutes May 7, 2020 Page 27 City of Clearwater can be done with that structure and still remain in compliance with the statue. 14 Overhaul BTR program/fee schedule to align with competitors N/A Initial research by the City Attorney's office indicates that the city cannot overhaul the BTR fee structure. The ability to amend the BTR ordinance to increase or decrease rates is governed by F.S. Sect. 205.0535(4). The City can only revisit the rates as part of its biennial review, although at that time it can make downward adjustments (apparently a maximum increase or decrease of 5%)or repeal the BTR ordinance. Based on the initial research completed by Legal, the city does not have the ability to overhaul the BTR fee schedule at this time. It was stated that the item is tied to Request #13. 15 Waive Code Enf liens for 1st-time offenders Unknown This request appears unrelated to COVID-19. Those who have been liened have already had an opportunity to come into compliance, as provided by the Code Enforcement Board, and have failed to do so. That said, the City has a significant number of outstanding code enforcement liens totaling approximately $30,000,000. Due to the excessive nature of these liens staff has included the development of a lien amnesty program on their work program. Administration supports P&D focusing on creation and implementation of a lien reduction program generally as part of its regular work plan. Mr. Maxwell said Planning and Development has an item on their workplan to look at first-time offenders and abatements. Staff is currently doing that work now and would like to continue to focus on the bigger program rather than focus on the first-time offender piece. Amplify was in agreement. Draft City Council Meeting Minutes May 7, 2020 Page 28 City of Clearwater 16 Free or reduced parking for Beach employees Unknown. Free and further reduced parking would likely result in changes in habit by beach employees and may reduce the amount of employees using transit. Also, free and further reduced parking does not promote turnover which would likely impact revenues and beach accessibility. City currently offers $40 monthly permits for beach employees, a significant savings over standard meter rates. Administration supports continuation of monthly employee permits at current rate and increasing promotion of this program. Mr. Maxwell said the City currently offers reduced parking for beach employees at $40.00 per month. There is a cap of 450 permits, only 100 have been used to date. He said there was discussion of ramping up communication on the existence of the program and trying to get businesses to take advantage and if permits sold gets close to the 450-cap, staff could research additional spots. 17 Assist childcare facilities to reduce rates The city is not a licensed childcare provider. The city has partners better equipped to support these types of programs, such as the JWB. County is better set up to handle this issue. Additionally, our staff is working to determine how to safely provide summer camp programming while keeping its patrons and staff safe. Administration will continue to review plans for the operation of Summer Camps, but suggests any new program be funneled through our partners. Interim Parks and Recreation Director Art Kader said the City will work with the YMCA and JWB regarding potential locations. He said staff has been considering how city day camps could work in a safe manner; the camps may be smaller than in past but will be able to meet some of the children’s needs as well as the parents. Draft City Council Meeting Minutes May 7, 2020 Page 29 City of Clearwater 18 Consider acquiring/allocating PPE to businesses Potential for reduction of available PPE for essential employees countywide Currently the access to PPE is very limited for area local governments and resources are managed on a Countywide basis for elements related to the COVID-1 response. Administration believes the appropriate path for PPE allocation is the County, however limited supplies will likely make this a challenge. Mr. Maxwell said the City has a certain amount of PPE; staff coordinates with the county as a resource manager to make sure first responders and essential employees have the PPE they need. Amplify expressed the desire to have a contact with the City and/or see if staff can put them in touch with sources to obtain PPE. Assistant Fire Chief Jevon Graham said getting PPE has been difficult and challenging; there is such a delay in getting ordered supplies and staff is being cautious on how it is provided. The City can acquire PPE by going through the County, they give us a portion of what they have, but if they don’t have it, they ask the State. The State, however, can re-appropriate as they see fit. There was consensus to not pursue this issue. 19 Collaborate with VSPC/CVB on coordinated mktg Staff continues to work with VSPC and our marketing consultant in an effort to provide coordinated marketing. Staff recommends continuing this practice It was stated that city staff has been talking to the county to make sure that all efforts are coordinated. 20 Prepare Beach with new safety/health stds; provide hand sanitizing stations Short term costs are around $9,000 Staff has installed handwashing stations temporarily on the beach. Currently Implemented It was stated that temporary sinks have been installed and a an Draft City Council Meeting Minutes May 7, 2020 Page 30 City of Clearwater ambassador program has been implemented. 21 Extend deadlines for all CRA grants; Expand grant process to include current businesses enhancing accessibility to those already invested This item is not under the purview of the City Council and would need to be discussed as part of the upcoming CRA meeting. The CRA has one grant that has expired and no grants that are in danger of expiring. There is an existing provision for extension for the grants. Item 2 will include a focus on supporting existing CRA businesses This item is not under the purview of the City Council and would need to be discussed as part of the upcoming CRA meeting. It was stated that the matter should discussed during a CRA meeting. 22 Work with AMPLIFY/Others to develop small-biz concierge svce; provide a contact to help make connections to resources, funds, programs, incentives Currently funded and part of ongoing workplan. ED&H and CRA staff both have employees tasked with supporting this effort. Currently Implemented Mr. Maxwell said there are employees already tasked to do those things. 23 Defer/abate utility pmts for residences/biz for pd of time Unknown, but significant cost to GF and to UCS and Finance staff time. Abating would be very expensive and the utility funds would have to be made whole from the General Fund due to bond covenants. Promoting the deferral of payments is not recommended - encourages businesses and residents to dig a hole that is very difficult to get out of. The city is currently providing forgiveness on late fees and normally allows for flexible payment plans on a case by base basis. Administration supports plans to continue forgiveness of late fees for the time being and continues to provide flexible payment plans. Additionally, businesses have the ability to utilize grant funding from the County and the City to pay utility bills Draft City Council Meeting Minutes May 7, 2020 Page 31 City of Clearwater Mr. Maxwell said this issue is related back to request # 1. The main reason the City would not be able to defer or abate the utility payments is because of the City’s bond covenants that would require payment from the general fund; there are significant concerns about the long term financial health of the City related to the bond rating He said there are no late fees being assessed at the moment. Comments were made that there are organizations such as the Salvation Army who can assist with these types of issues. 24 Dev/Coord mktg campaign this is unified across all mktg agencies county-wide See item 19 See item 19 See item 19 It was stated that the item is related to Request #19. 25 Develop "shop local" campaigns/events, incentives. Roll out when appropriate CRA will be working on these types of events to bring focus to the businesses in the CRA area. CRA will be working on these types of events to bring focus to the businesses in the CRA area. Considering the current allocation of resources, administration suggests that the opportunity to support a city wide program may be best served if led by Amplify. There may be opportunity for the provision of a grant to Amplify to do help support the event financially. Draft City Council Meeting Minutes May 7, 2020 Page 32 City of Clearwater Mr. Maxwell said the CRA is already working on this piece and they have an agreement with Amplify to provide special event services. It was discussed with Amplify with their agreeance that they may be a better entity to provide the service; staff supports helping them financially. 26 Have Mayor film PSA ("Support your City's Businesses") Depends on vehicle for promotion Mayor Hibbard has made numerous appearances through multiple types of media. Administration suggests that Amplify identify some specific messages they would like the Mayor to promote and coordinate with PC. Mayor Hibbard said he would be happy to do whatever he needs to do. 27 Establish temporary Sheltered Market for small biz doing biz w/City; Fund the net increase cost of insurance city requires; Provide Net 1 pymt terms; challenge other large biz/institutions to establish similar program Creation of a net 1 payment structure would place tremendous strain on the city's procurement system and likely create unanticipated negative impacts to other, unrelated areas of service Current procurement rules do not allow for a sheltered purchasing market. Would require changes to the Code of Ordinances. Administration does not support shifting to a sheltered market at this time, as this would create a significant strain on resources during a time when we believe we should be focusing our efforts on providing responsible, reliable service as quickly as possible. Staff has been processing invoices as fast as responsibly possible since the emergency began, and will continue to do so. We are unable to commit to a net 1 turn around time due to required reviews Draft City Council Meeting Minutes May 7, 2020 Page 33 City of Clearwater and current resourcing. Mr. Maxwell said this not currently allowed by ordinance. Staff feels this is not the time to implement and disrupt the accounts payable process. He explained that this type of program gives preferential treatment for locally owned businesses. CRA Executive Director Amanda Thompson said this will be discussed during the CRA update and said the 400-500 Block of Cleveland St. was closed for outdoor dining, as part of the efforts to support local businesses. It was stated that this should expand to other businesses outside the downtown area. 28 Continue support of local hospitals and other health care providers in their efforts to deliver critical health care services to the community; Support efforts to promote COVID-19 testing and tracing for our community; Encourage ongoing efforts to promote health and wellness for those who live in and visit our city. Staff has been coordinating with Pinellas County and the response entities within the County since the beginning of the outbreak. By in large this has worked very well and we will and we will continue that coordination. Administration supports these efforts and will continue to coordinated with County and provide responses consistent with those efforts. It was stated that the City Manager is on the Morton Plant Hospital Board and the CEO of Morton Plant was on the task force. Amplify Clearwater CEO Amanda Payne thanked Council for their consideration on the recommendations and appreciates staff’s time. This will be an ongoing conversation as businesses phase back open. A comment in opposition was received electronically and was read into the record by the City Clerk (see page 39). Draft City Council Meeting Minutes May 7, 2020 Page 34 City of Clearwater Councilmember Hamilton moved to approve Request #s 2, 4, 9, 10, 11, 12, 17, 19, 20, 22, 24, 25, 26, and 28; and to decline Requests #s 1, 3, 5, 6, 7, 8, 13, 14, 15, 16, 18, 23 and 27; and to defer #21. The motion was duly seconded and carried unanimously. 12.2 Improving State Unemployment Benefits System - Councilmember Beckman Councilmember Beckman proposed sending a letter to the Governor on behalf of people who have lost their job to make a symbolic gesture that the City Council is aware of what the workers are experiencing. As Senator Hooper said earlier this evening, yes the government is taking some action as there is a horrific backlog. She said $275 per week for a maximum of 12 weeks is not enough for people to live. She asked for Council to sign onto the letter as a symbolic gesture to workers that Council hears them and that the power of Council versus one Councilmember would carry more weight. One individual spoke in support. Discussion ensued with comments made that the state is aware of the broken system and sending a letter letting them know it is broken would not be helpful. It was said that if employers are required to contribute more to the unemployment insurance fund, they would probably cut down on the number of workers. There was no council consensus to send the proposed letter. It was suggested to place the issue on the next legislative agenda to ask the legislators to look at the minimum wage issue. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said the gathering to celebrate the folks working at Morton Plant hospital was wonderful and that they took great care of him during a triple bypass in 2017. They are saving lives every day. He said he met an ICU nurse and heard the hospital has things under control, but are concerned about the lifting of the safer at home order. He went out to beach on Wednesday afternoon and was thrilled to see all were behaving and great spaces between families. Hope that keeps up this weekend. Just hoping everyone continues to behave and not allow the pandemic to spread farther. Draft City Council Meeting Minutes May 7, 2020 Page 35 City of Clearwater Councilmember Beckman thanked all to those who submitted written comment and called in and thanked Amplify for the task force and also thanked staff for all their comments on the task force recommendations. She thanked the Police Department and Parks & Recreation employees for keeping the beach clean and safe. She said she hasn’t seen many people wearing a mask and that is concerning. She has heard from a number of residents concerned about the availability of testing and the Tampa Bay Times had a story about how the testing sites aren’t working the way they were designed to work. A citizen suggested pop up testing sites around the city. She said she is concerned about stage 1 reopening because CDC guidelines are not being followed. She urged all to check their voter registration to sign up to vote by mail. Vice Mayor Allbritton thanked the Business Recovery Task Force for putting the plan together and staff did a great job commenting on each of the recommendations. He said everyone on council cares about the citizens of Clearwater. That’s why we are here, no other reason, and that each member of Council has their passions and with good diversity, more things can get done. He said he is ready to see phase 2 open, generally the public has been good, but he would like to see more masks. Councilmember Hamilton said it is great to have different views, it shows that everyone is being heard. He said there is nobody on Council that doesn’t care. Regarding phases 1 and 2, he said everyone has been on this road long enough to know what precautions they need to make for themselves, but it is time to unfreeze the economy. 14. Closing Comments by Mayor Mayor Hibbard said the best comment he heard was from Thomas Freeman the economist, “we are trying to protect lives and livelihoods. All city recreation pools will reopen May 11 and city libraries on May 18; gyms will remain closed. He asked all to wear masks as recommended by the CDC and asked all to be patient as many are stressed with financial, health and family concerns. 15. Adjourn The meeting adjourned at 9:32 p.m. Draft City Council Meeting Minutes May 7, 2020 Page 36 City of Clearwater Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7720 Agenda Date: 5/21/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order No. 19000740 to Engineered Spray Solutions LLC of Lakeland, FL, for 2018 Sewer Point Repairs and Improvements Section D4 Manhole Surfacing Polyurethane (17-0060-UT), from $400,000 a year to a not to exceed amount of $950,000 a year for years two through four, increasing four-year term total from $1,640,000 to $3,290,000, February 1, 2019 through January 31, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout Clearwater. These contracts improve the integrity of the sanitary sewer system and reduce inflow and infiltration (I&I) of groundwater and stormwater into the collection system. January 17, 2019, City Council approved a contract to Engineered Spray Solutions, LLC to apply manhole surface polyurethane coating for an amount not to exceed $400,000.00 per year for a four-year term. December 30, 2019, a $40,000 change order 1 was approved by City Manager for additional coating, for a first-year total to $440,000. Due to the high numbers of sanitary manholes in the City’s beach area and mainland requiring remediation to address I&I, and the faster than expected manhole repair speed by the contractor, additional funds are requested allowing for a higher volume of work for years 2 to 4. The Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system including all gravity sewer, force main pipelines and manholes that convey raw sewage to lift stations and/or water reclamation facilities. APPROPRIATION CODE AND AMOUNT: 3277327-546900-96665 $950,000 Funding is available in Utility Renewal and Replacement Project 96665, Sanitary Utility Relocation, to increase funding in the current Fiscal Year. Funding of $1,900,000 will be included in FY2021 and FY2022 Utility Renewal and Replacement Project budgets to renew this contract each year. Page 1 City of Clearwater Printed on 5/21/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND 1 CONTRACT 3 CONSENT OF SURETY TO FINAL PAYMENT 7 PROPOSAL/BID BOND 8 AFFIDAVIT 9 NON COLLUSION AFFIDAVIT 10 PROPOSAL 11 CITY OF CLEARWATER ADDENDUM SHEET 13 BIDDER'S PROPOSAL 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM 19 SECTION V Page i Updated: 10/12/2018 SECTION V — Contract Documents Bond No.: PUBLIC CONSTRUCTION BOND N/A Not applicable. A bond will not be required for this project This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections 2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR SURETY Engineered Spray Solutions LLC [name] 1306 Banana Rd. Lakeland, FL [principal business address] 33810 863-577-4821 [phone number] OWNER City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 727) 562-4747 PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17 -0060 -UT PROJECT DESCRIPTION: To establish a multi-year contract for as -needed services for Wastewater infrastructure improvements and repairs. BY THIS BOND, We, , as Contractor, and a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $ 400.000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that ifContractor: 1. Performs the contract dated , between Contractor and Owner for construction of 2018 Sanitary Sewer Point Repair & Improvements Project # 17 -0060 -UT, the contract documents being made a part ofthis bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V Page 1 of 19 Updated: 10/12/2018 SECTION V — Contract Documents Bond No.: PUBLIC CONSTRUCTION BOND N/A Not applicable — A bond will not be required for this project 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance ofthe construction contract; and 5. Performs the guarantee ofall work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 20_ Ifsole Ownership or Partnership, two (2) Witnesses required). If Corporation, Secretary only will attest and affix seal). Engineered Spray Solutions, LLC By: Title: Print Name: WITNESS: WITNESS: Corporate Secretary or Witness Print Name: Print Name: affix corporate seal) SECTION V Corporate Surety) By: ATTORNEY-IN-FACT Print Name: affix corporate seal) Power ofAttorney must be attached) Page 2 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 1) This CONTRACT made and entered into this 1 rhday of 1-2-n,ta-r`N , 20 1 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Engineered Spray Solutions, LLC, ofthe City of Lakeland, County of Polk, and State of Florida, hereinafter designated as the Contractor". Or, if out ofstate:] This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the . "City", and a/an (State) Corporation authorized to do Florida, of the City of County of and State of , hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration ofthe sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17 -0060 -UT in the amount, not to exceed, of $400,000.00 for the initial contract term In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part ofthis contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion ofthe work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V Page 3 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates ofpay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure ofthe Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance ofthe terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions ofthis contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V Page 4 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 3) 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, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor's agreement to comply with public records law applies specifically to: 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 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. Ifthe 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 SECTION V Page 5 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 4) 2. At least 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. j) 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: W,iiLetevkil 1404 / William B. Horne, II City Manager Countersigned: c eor\enCr ALVOsBy: George N. Cretekos, Mayor Contractor must indicate whether: Corporation, Partnership, Attest: Geae Rosemarie Call City Clerk Assistant City Attorney Company, or ee.rt.t S , Individual SO1w,i1u%1 ILL SEAL) ri "("e: BG,jJ a, L b ec. T' e: e.o The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation — provide Affidavit. SECTION V Page 6 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements Engineering Dept. PROJECT NO.: 17 -0060 -UT 100 S. Myrtle Ave. CONTRACT DATE: [ Clearwater, FL 33756 BOND NO. : [ 1, recorded in O.R. Book [, Page [ 1, ofthe Public Records of Pinellas County, Florida. CONTRACTOR: Engineered Spray Solutions, LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: insert name ofSurety] address, address] on bond of Engineered Spray Solutions, LLC 1306 Banana Rd. Lakeland, FL 33810 SURETY, CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this day of Attest: Seal): SECTION V OWNER, Surety) Signature ofauthorized representative) Printed name and title) Page 7 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL/BID BOND N/A — Not applicable — A bond will not be required for this project KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, as Contractor, and as Surety, whose address is are held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars being a minimum of 10% of Contractor's total bid amount) for the payment ofwhich, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of as Contractor, and as Surety, for work specified as: all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Public Construction Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages. Principal must indicate whether: Corporation, Partnership, Company, or Individual Signed this day of , 20 Contractor Principal By: Title Surety The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation — provide Affidavit. SECTION V Page 8 of 19 Updated: 10/12/2018 SECTION V — Contract Documents AFFIDAVIT To be filled in and executed ifthe bidder is a corporation) STATE OF FLORIDA ) COUNTY OF , ) A` , being duly swom, deposes and says that he/she is Secretary of ENpi'44,re Spl tKalows LLC— a corporation organl'zed and existing unde1and by virtue of the laws of the State of Florida, and having its principal office at: soc, gyKit »t Street & Number) 1-4A414"4/ Polk- FL City) County) (State) Affiant further says that he is familiar with the records, minute books and by-laws of Eit•,.ur=s.i Storax Sv l ows LLL Nam f Corporation) + Affiant further says that Le W is GG. CAMM.tr is 6,&G2 Officer's Name) Title) of the corporation, is duly authorized to sign the Proposal for CtIsiittsKa or said corporation by virtue of Ttom 10 018 state whether :1%7/vision of Board of Directors. Ifby Resol Sworn to before me this 1 OWIday of Sem/ S;s lwjtovn. P MELISSA A KIMBALL Notary Public - State of FloridaCommissionitGG188250 My Comm. Expires May 1, 2022hNationalNotaryAssn. 1 Bonded throug w r 1 20` Notary Public V_in,.kxttl Type/print/stamp name of Notary Title or rank, and Serial No., if any SECTION V Page 9 of 19 Updated: 10/12/2018 SECTION V — Contract Documents NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF TO`k. ) Le. w/S G . (tek`l.r being, first duly sworn, deposes and says that he is kv‘A,t. ite- of tst."4,4rySpay SO1 dv"i L`rC the party maloffig the foregoing Proposal or Bid; that sun Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any adv- age against the City of Clearwater, Florida, or any person or persons interested in the proposed co . act; and t all statements contained in said proposal or bid are true; and further, that such bid • -r • ."s not +. -ctly or indirectly submitted this bid, or the contents thereof, or divulged information or _ .. association or to any member or agent thereof. Sworn to and subscribed before me this 1041 SECTION V MELISSA A KIMBALL Notary Public - State of FloridaCommission = GG 188250MyComm. Expires May 1, 2022 Bonded through National Notary Assn. AO rel „—G, , lAr ay of/ ,201?. 4116;420., V.:AA.6340 Notary Public Page 10 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL 1) TO THE CITY OF CLEARWATER, FLORIDA, for 2018 Sewer Point Repair & Improvements Sections B, D1, D4 and F (PROJECT # 17 -0060 -UT) and doing such other work incidental thereto, all in accordance with the contract documents, marked 2018 Sewer Point Repair & Improvements Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. SECTION V Page 11 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL 2) Attached hereto is a bond or certified check on Bank, for the sum of being a minimum of 10% of Contractor's total bid amount). N ) The full names and residences of all persons and parties interested in the foregoing bid are as follows: If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses ofthe members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub -contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: nLewisG. C \tw The person signing shall, Where the pers•n signi affidavit, sho his a + g501Prin ' • al: in i r .:7 rata to d the c • ADDRESSES: 13010 Kc.“. 9-oda1,40LI /4 33)10 Signature of B Alf i• wLc „ G . C Atat writing, sign the Princi • al's name, his own name and his title. on is • er than the President or Vice President, he must, by ration. k% k Title: I l K1f.t,r EK5in-erre.( Sroray £I OP Ll.C- Doing Business As (if different than above): Business Address of Bidder: 1 10(o & AK4 ra.S Rd di- al Y dv d Zip Code .3I1 0 ompany Legal Name: City and State: Lti,k,a.[q. Phone: S7) -Cf / Email Address: L Co 1, fit{ t ESS • r Dated at /q,r,(,1, , this /34 day of 19eCeA1t4r , A.D., 2013 SECTION V Page 12 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CITY OF CLEARWATER ADDENDUM SHEET PROJECT: 2018 Sanitary Sewer Point Repair Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. , Date: 1 1 Addendum No. 2.. Date: tit 3 O// f Addendum No. 3 Date: it/(./ Addendum No. Date: it/G/ Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: SECTION V C Slwrcavi (Lc ature of Of yMantie Title of Offer it/ill)a Date) Page 13 of 19 Updated: 10/12/2018 1 I SECTION V — Contract Documents I BIDDER'S PROPOSAL I PROJECT: 2018 Sanitary Sewer Point Repair Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) 1 CONTRACTOR: C~J j g Sjrgy £IIwricav 1I BIDDER'S TOTAL SECTION B: $ (Numbers) 1 BIDDER'S TOTAL SECTION B: Words) IBIDDER'S TOTAL SECTION Dl: $ (Numbers) IBIDDER'S TOTAL SECTION Dl: Words) 1 BIDDER'S TOTAL SECTION D4: $ 4, 5 5 2./ 4 SO • do (Numbers) BIDDER'S TOTAL SECTION D4: /4r i911//%0N, r/r. Rumba f/ 1 Ir 1401464ml / 6141 AlKitlea KM, 2 /f* (Words) I BIDDER'S TOTAL SECTION F: $ a y% QyO , QP BIDDER'S TOTAL SECTION F: ( Numbers) 71100 /(//Shj4IJ 1 6371)o//4v1 Words) BIDDER'S GRAND TOTAL $ T/ n%' Li/op ou (Numbers) 1 BIDDER'S GRAND TOTAL: / j,4 %fllftob, See.% Kali,/ /%/MC/ 2/i/ e 77140(TON-/ /'/ N 4/f 4/4„,1 (Words) 1 THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH I SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE ICHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR LICENSE/REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN 1 THE BID RESPONSE. 1 I SECTION V Page 14 of 19 Updated: 10/12/2018 018 SEWER POINT REPAIR AND IMPROVEMENTS SECTIONS B, D1, D4, AND F (PROJECT #17 -0060 -UT) B. SEWER CLEANING AND TELEVISING INSPECTION Sewer Line Cleaning ITEM DESCRIPTION Mobilization/Demobilization including Traffic Control UNIT EST. QUANTITY UNIT PRICE TOTAL LS/WO 10 c. Heavy Cleaning from Right of Way 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter LF 2,000 LF 250 LF 250 LF 500 Root Removal 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter Heavy Cleaning from Side and/or Rear Easements 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter LF 200 LF 25 LF 25 LF 10 LF 150,000 LF 25,000 LF 25,000 LF 50,000 Tuberculation Cleaning 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter g. Manhole Clean/Jet-vac LF 200 LF 200 LF 200 LF 200 EA 5000 TOTAL SECTION B1 = CCTV pipe and manhole inspection with PACP/CUES Granite XP compatibility a. Mobilization/Demobilization including Traffic Control LS/WO 5 CCTV pipe inspection - includes light cleaning 8"-10" Diameter LF 750,000 0 12"-15" Diameter LF 50,000 16"-24" Diameter LF 25,000 30"-36" Diameter LF 50,000 Manhole Inspection EA 100 TOTAL SECTION B 2 = 3. Miscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 150,000 150,000.00 TOTAL SECTION B (sum of Bi, B2 & B3) = 150,000.00 1 1 1 lidendum 3, Date 12/5/18 1 1. Manhole Surfacing— Fiberglass Liner System Liner Product: None Specified ITEM DESCRIPTION Mobilization/Demobilization including Traffic Control UNIT EST. QUANTITY UNIT PRICE TOTAL LS/WO 5 NO 4 Liner system for 4' diameter manhole VF 250 Liner system for 5' diameter manhole VF 250 e. Liner system for 6' diameter manhole Bench/invert Repair - Replacement Injection grouting as required to stop infiltration and inflow Manhole clean/jet-vac Remove existing liner for 4'diameter manhole j. Remove existing liner for 5' diameter manhole Remove existing liner for 6' diameter manhole Reset/Adjust Frame and Cover m. Replace Frame and Cover Seal manhole frame to corbel connection with olvurea material VF 100 EA 70 GALLON 1000 EA 40 VF 50 VF 50 VF 25 EA 100 EA 150 EA 150 o. Rear easement access EA 30 iscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 80,000 TOTAL SECTION D1 = 8 ,000.00 0.00 Manhole Surfacing— Polyurethane Coating Product: Spraywall ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE TOTAL Mobilization/Demobilization including Traffic Control LS/WO 3 1,150.00 3,450.00 1. Liner system for 4' diameter manhole -125 MILS VF 1500 309.00 463,500.00 c2. Liner System for 4' diamenter manhole -250 MILS 1. Liner system for 5'diameter manhole -125 MILS 2. Liner System for 5' diamenter manhole -250 MILS VF 1500 416.00 624,000.00 VF 1500 380.00 570,000.00 VF 1500 521.00 781,500.00 1. Liner system for 6'diameter manhole -125 MILS 2. Liner System for 6' diamenter manhole -250 MILS Bench/invert Repair - Replacement Injection grouting as required to stop infiltration and inflow Manhole clean/jet-vac Remove existing liner for 4' diameter manhole j. Remove existing liner for 5' diameter manhole Remove existing liner for 6' diameter manhole Reset/Adjust Frame and Cover m. Replace Frame and Cover VF 1500 466.00 699,000.00 VF 1500 605.00 907,500.00 EA 70 250.00 17,500.00 GAL 1000 105.00 105,000.00 EA 40 50.00 2,000.00 VF 150 50.00 7,500.00 VF 150 60.00 9,000.00 VF 150 70.00 10,500.00 EA 25 950.00 23,750.00 EA 150 1,140.00 $ 171,000.00 i. Seal manhole frame to corbel connection EA 150 385.00 57,750.00 Rear easement access EA 30 250.00 7,500.00 Miscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 80,000 15% 92,000.00 TOTAL SECTION D4 = 4,552,450.00 1dendum 3, Date 12/5/18 2 AND DYE TESTING Smoke Testing of Sewer LF 250,000 0.65 162,500.00 Dye Tracing of Sewer EA 20 1,058.00 21,160.00 iSMOKE Dye Flooding of Sewer EA 5 1,176.00 5,880.00 iscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 50,000 15% 57,500.00 TOTAL SECTION F = 247,040.00 I I I 1 I I I I I I I I I I I Iidendum 3, Date 12/5/18 3 SECTION V — Contract Documents SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION HI, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAYDEEM 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 with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus ofbusiness or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, indict= -1 al, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater i. rating, n•' ater than five (5) calendar days after any of its principals are placed on the Scruti' ed Corn... es with Activities in Sudan List, the Scrutinized Companies with Activities in the ."etrole4ctor List, or engages in business operations in Cuba and Syria. STATE OF COUNTY OF Th regoin_• instrument 20 IX , by iS as the corporation/entity), as a Printed Name Title MOW") Si bet jn ee Name of Entity/Corporation knowledged before me on this VIII day of ter (name of a erson whose signature is ein notarized) title) of Elia *_;, _ s , . k (name of rsonally known to me as de ibed herein , or produced a type of identification) as identification, and who did/did not take an oath. 11bli c Y63 0,1( MELISSA A KIMBALL Notary Public - State ofFlorida Commissions GG 188250 My Comm. Expires May 1, 2022 Bonded through National Notary Assn. My Commission Expires: NOTARY SEAL ABOVE SECTION V as Printed Name Page 18 of 19 Updated: 10/12/2018 SECTION V — Contract Documents SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION HI, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS 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 I ael, 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, s vidual, . r ncipal, subsidiary, affiliate, or owner will immediately notify the City of Clearwa in writi • ., o later than five (5) calendar days after any of its principals are placed n the Sc•. >_nized C. .. -s that Boycott Israel List, or engaged in a boycott of Israel.i ii"- irinit V ted Name Title ! s •. ( Gcc Namelbf Entity/Corporation / STATE OF JtYClC4 COUNTY OF i Th fgregoin instrumen wa acknowledged before me on this NV `' ` day of 20 IN , by r (name ofp-rson whose signature is bein as the L , • _ (title) of notarized) name of corporation/entity), j onally known to me as de' bed herein , or produced a CV -04)f identification) as i ntification, and who did/did not take an oath. 6 MELISSA A KIMBALL i '-`l• Notary Public - State of FloridaA• s Commission # GG 188250 fF : My Comm. Expires May 1, 2022 Bonded through National Notary Assn. My Commission Expires: 1 NOTARY SEAL ABOVE 1 SECTION V No ary Public + .''^ a Printed Name Page 19 of 19 Updated: 10/12/2018 RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSIN..• - mow _ ° FESSIONAL REGULATION THE GENER ' ; - UNDER THE R \, 1 % 1 PRO I ` r• i e V ' • Y r.' 1 w _ UTES EXPIRATI 31, 2020 Always verify licenses online at MyFloridaLicense. com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. I UN— N N NM en E r-- EN S N w n I I EN S I- CGC1504067 Collier, Lewis Gene 1306 Banana Road Lakeland, FL 33810 PINELLAS ita COUNTY CONSTRUCTION LICENSING BOARD THIS CERTIFIES THAT Lewis Gene Collier DBA Engineered Spray Solutions, LLC STATE CERT # I- CGC1504067 HAS FILED HIS/ HER LICENSE AND PROOF OF REQUIRED LIABILITY AND WORKERS' COMPENSATION INSURANCE WITH THIS BOARD. IN GOOD STANDING UNTIL September 30, 2019 DATE OF ISSUANCE 08/ 06/ 2018 Please cut out license along lines i Client#: 23703 ENGISPR 1 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER anier Upshaw, Inc. 115 US Hwy 98 South 0. Box 468 Lakeland, FL 33802 CONTACT NAME: Renee Payne PHONE FAX A/C, No, Ext): 863 284-3177 (A/C, No): 863 682-6292 E-MAILSS: Renee.Payne@Ianierupshaw.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Colony Insurance Co 39993 SURED Engineered Spray Solutions, LLC 1306 Banana Road Lakeland, FL 33810 INSURER B : StarStone National Insurance Company 25496 INSURER C : Westfield Insurance Company 24112 INSURER D : 2,000,000 INSURER E : INSURER F : CLAIMS -MADE ES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFFMM/DDIYYYY) POLICY EXP MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 103GL001102003 09/02/2018 09/02/2019 EACH OCCURRENCE 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea 100,000 X BI/PD Ded:1,000 occurrence) MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY X JO ECT LOC PRODUCTS - COMP/OP AGG 2,000,000 OTHER: AUTOMOBILE LIABILITY CMM4813093 09/02/2018 09/02/2019 Ea acBcdebt, INGLE LIMIT 1,000,000 X ANY AUTO ALL OWNED BODILY INJURY (Per person) AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON -OWNEDAUTOS PROPERTY DAMAGE Per accident) XPIP PIP 10,000 B UMBRELLA LIAB X OCCUR 72275U182ALI 09/02/2018 09/02/2019 EACH OCCURRENCE 2,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE 2,000,000 DED X RETENT ON $0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? N / A E EACH ACCIDENT Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT Rented/Leased Equipment CMM4813093 09/02/2018 09/02/2019 100,000 Max Per Item 250,000 Catastrophe 1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) roject Name: 2018 Sewer Point Repair & improvements Project (Section D4 -Manhole Surfacing -Polyurethane) roject #17 -0060 -UT he City of Clearwater is included as additional insured with waiver of subrogation in regards to the seneral liability and automobile liability as required by written contract. General liability coverage is rimary/non-contributory as required by written contract. Umbrella liability follows form. A 30 day notice f cancellation applies in favor of the certificate holder, except 10 days for non-payment of premium. CANCELLATION City of Clearwater Engineering Department Attn: Construction Office Specialist P.O. Box 4748 Clearwater, FL 33758-4748 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O. 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD S431315/M414631 JRW IARb® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions, LLC ID: (Essential) c/o Essential HR, Inc. dba First Star HR 4455 LBJ Freeway, Suite 1080 Dallas, TX 75244 EwaJennifer Haugen PHONE FAX A/C. Ext: 972-404-0295 (A/C. No): MANo. ADDRESS: iennifer.hauger(cilfirststarhr.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA: United Wisconsin Insurance Company 29157 SURED Essential HR Inc 4455 LBJ FreewaySuite1080 Dallas TX 75244 INSURER B : INSURER C: INSURERD: INSURERS: INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 46913623 REVISION NUMBER: 1 I71Q 1. 1%./ litR I itT i rtr o 1 nc rOL1,Ito yr INbuMANL.t LIS I to t3tLUW NAVE I3ttN ISSUtU 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE ADDL IVSD t : - VIVID POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP MMIDD/YYYYI LIMITS COMMERCIALGENERAL LIABIUTY EACH OCCURRENCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S POLICY JECOT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILEUABILITY COMBINE SINGLE LIMIT Ea accident) S ANY AUTO BODILYINJURY (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGEPeraccident) UMBRELLALIAR OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS -MADE AGGREGATE DED RETENT ON $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY WC535-00001-018-SZ 10/1/2018 10/1/2019PER T OTH- I STATUTE I I ERYINANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N/A E.L. EACHACCIDENT 1,000,000 Mandatory In NH) If describe E.L. DISEASE - EA EMPLOYEE 1.000.000yes, under DESCRIPTION OF OPERATIONS ¢plow E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may beattached If moreapace is required) Coverage provided for all leased employees but not subcontractors of: Engineered Spray Solutions LLCClientEffective: 10/1/2018 2018 Sewer Point Repair & improvements Project (Section D4 -Manhole Surfacing -Polyurethane) Project #17 -0060 -UT ATE HOLDER 66000061 CANCELLATION City of Clearwater Engineering DepartmentAttn : Construction Office Specialist P. O. Box 4748 Clearwater FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rick Leonard C 1988-2015 ACORD CORPORATION. All rights reserved. CORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 46913623 1 Essential RIR PEO 535 MASTER CERT 1 magalia@hpadmin.com 12/5/2019 9:56:42 AM (EST) I Page 1 of 1 To: Kristen Parete, Legal Staff Assistant to Owen Kohler, Assistant City ttor From: Laura Davis, Engineering Con CC: Project File Date: 12/18/2019 CLEARWATER BRIGHT AND BEAUTIFUL*BAYTO BEACH Interoffice Correspondence Sheet ntracts & Procurement Specialist RE: Administrative Change Order 1 — ioi8 Sewer Point Repair & Improvements Section D4 Manhole Surfacing Polyurethane (17-oo6o-UT) Attached for Owen's signature are two (2) originals of the above referenced Change Order. Please forward to the City Manager's Office for the Manager's signature at your earliest convenience. Thank you, Laura Davis 727) 562-4509 CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH Interoffice Correspondence Sheet To: William B. Horne, II, City Manager From: Tara Kivett, City Engineer d'w CC: Lori Vogel, Interim Procurement Manager; Kayleen Kastel, Budget Manager; Jeff Walker, PE, Project Manager; Stephanie Sansom, Controller; Laura Davis, Engineering Construction Contracts Specialist Date: December 17, 2019 RE: Administrative Change Order 12018 Sewer Point Repair & Improvements Section D4 Manhole Surfacing Polyurethane (17 -0060 -UT) RECOMMENDED ACTION: Approve Administrative Change Order 1 to Engineered Spray Solutions LLC, of Lakeland, FL, for 2018 Sewer Point Repair & Improvements Section D Manhole Surfacing Polyurethane (17 -0060 - UT) with an Increase of $40,000 for a new contract total of $440,000. BACKGROUND: Administrative Change Order 1 increases items in accordance with field conditions. PURCHASING OFFICE AND OFFICE OF MANAGEMENT AND BUDGET DEPARTMENT REVIEW I recommend approval based on the administrative change order criteria: 1. Increases do not exceed 10% ofthe Council approved amount on a cumulative basis. 2. Change does not change the scope of the project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. Completion date is not extended more than 60 days. Lori Vogel aI «Ic9 Date Admininstrative Change Order 1 DATE: November 15, 2019 PROJECT: PROJECT NUMBER: 2018 Sewer Point Repair & Improvements Section D4 Manhole Surfacing -Polyurethane PURCHASE ORDER: CONTRACTOR: COUNCIL AWARD: Engineered Spray Solutions,LLC 1306 Banana Rd. DATE OF CONTRACT: Lakeland, FL 33810 CODE: 17 -0060 -UT 19000740 January 17, 2019 February 11, 2019 3277327-546900-96665 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONT increases in accordance with field conditions -see attached STATEMENT OF CONTRACT AMOUNT Original Contract Admin Change Order 1 - City Manager New Contract Amount APP VED ASt" 'O FORM: Owen Kohler, ATTEST: Rosemarie Call, Date: —3/ -- CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA 400,000.00 40,000.00 440,000.00 ACCEP D BY: En Assistant City Attorney CI) I wt45.4A Witnesses: ( AAASID dilka 7YosiX Recommended By: City of Clearwater L 4Jeff a , PE, Project Manager 7/f William B. Horne, II City Manager Tara Kivett, P , City Engineer Page 2 of 2 Administrative Change Order 1: 2019 Sewer Point Repair&Improve Section D4 Manhole Surfacing ITE DESCRIPTION UNIT QTY UNIT COST TOTAL COST Increases: la Mobilization/Demobilization including ' LS/WO 1 $ 1,150.00 $ 1,150.00 lc Liner system for 4' diameter manhole -1: VF 9 $ 309.00 $ 2,781.00 2c Liner System for 4' diamenter manhole-: VF 8 $ 416.00 $ 3,328.00 Id Liner system for 5'diameter manhole -12 VF 9 $ 380.00 $ 3,420.00 2d Liner System for 5' diamenter manhole-. VF 7 $ 521.00 $ 3,647.00 le Liner system for 6'diameter manhole -12 VF 9 $ 466.00 $ 4,194.00 2e Liner System for 6' diamenter manhole-. VF 6 $ 605.00 $ 3,630.00 f Bench/invert Repair - Replacement EA 3 $ 250.00 $ 750.00 g Injection grouting as required to stop ini GAL 11 $ 105.00 $ 1,155.00 h Manhole clean/jet-vac EA 9 $ 50.00 $ 450.00 i Remove existing liner for 4' diameter n VF 4 $ 50.00 $ 200.00 j Remove existing liner for 5' diameter m VF 4 $ 60.00 $ 240.00 k Remove existing liner for 6' diameter m VF 3 $ 70.00 $ 210.00 1 Reset/Adjust Frame and Cover EA 6 $ 950.00 $ 5,700.00 m Replace Frame and Cover EA 5 $ 1,140.00 $ 5,700.00 n Seal manhole frame to corbel connectioi EA 7 $ 385.00 $ 2,695.00 o Rear easement access EA 3 $ 250.00 $ 750.00 Total Increases: $ 40,000.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7749 Agenda Date: 5/21/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Business Lease Contract between the City of Clearwater (City) and Hope Academy International, LLC (tenant) for the use of a city-owned lot located at 918 Palmetto Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The site at 918 Palmetto Ave is a vacant city-owned lot adjacent to a privately-owned daycare center. The vacant city-owned lot is approximately 0.12 acres and has been utilized as a playground for children attending the adjacent daycare over the last 11 years, including since March 2019 by the current tenant. The tenant of the city-owned lot did not adhere to the notice renewal requirement of the previous lease, thus is requesting a new lease to commence on May 21, 2020. The lease includes a $1000 annual fee and has an initial term of one year with an option to extend for 3 additional one-year terms. The proposed lease has the same conditions as the previous lease for the site. City staff have reviewed and support leasing the city-owned lot to Hope Academy International, LLC. Page 1 City of Clearwater Printed on 5/21/2020 BUSINESS LEASE CONTRACT THIS BUISNESS LEASE CONTRACT, entered into this ____ day of ____________, 2020, between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, located at 600 Cleveland St,6th Floor, Clearwater, Florida 33755, as “Lessor”, and Hope Academy International, LLC whose mailing address is 920 Palmetto St. Clearwater, Fl 33770, as “Lessee”, for purposes of this Lease. W I T N E S S E T H: That the Lessor does lease to the Lessee the following premises consisting of approximately 5,200 square feet of land located at 918 Palmetto St, Clearwater, Pinellas County, Florida, and being more specifically described as follows: Lot 5, PENNSYLVANIA SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 21, Page 80 of the Public Records of Pinellas County, Florida Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised Premises" or the "Leased Property." 1. LEASE TERM. The term of this lease shall be for One (1)year, which term will commence on the day following approval and execution by the Clearwater City Council, (expected approval date to be May 21, 2020), and shall continue until midnight on the 30th day of April, 2021 (herein called the "Initial Term"). The Parties shall have the option to extend the term of this lease for three (3) successive periods of one (1) year (the “Extended Term”) by written agreement. Letter correspondence or email shall be sufficient as a written agreement for these purposes. The City Manager is hereby designated as the authority to approve renewals and may, in his or her sole discretion, waive the notice requirement for renewals as provided below. No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. The extended term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall exercise the option to extend the term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, the Lessor shall notify the Lessee as to whether it agrees to an extension, and if Lessor does agree, this Lease shall be extended without the execution of any further lease or other instrument. Failure to exercise the option as required herein shall nullify the option for the extended term. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as rent, the sum of One Thousand and 00/100 Dollars ($1,000.00) per one (1) year period of the Lease, and other good and valuable consideration, including but not limited to, benefits inuring to the children of Clearwater, the receipt and sufficiency of which is hereby acknowledged. Rent is due on commencement of the lease and an additional One Thousand and 00/100 Dollars ($1,000.00) is due on commencement of every subsequent one (1) year lease renewal period. Page 2 of 9 3. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used for the purpose of providing playground space, and children’s playground equipment to be determined and provided by Lessee, to be used in association with the preschool nursery at 920 Palmetto Street, Clearwater, Florida. Lessee agrees that it will maintain its children’s playground equipment in proper order and good repair. 4. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 5. TAXES. If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Lessee’s use of the Leased Property during the term of this lease, the Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice from the Lessor or written notice from the applicable taxing authority, whichever is earlier. In the event the Lessee fails to pay all such taxes assessed or levied on the Property within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, which shall become additional rent hereunder, and Lessee shall immediately reimburse Lessor together with any interest, calculated at the maximum rate allowed by law, and any administrative costs incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material default of this Lease. 6. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall Page 3 of 9 be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 8. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after receiving written notice from Lessee (day of receipt inclusive), the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics’ or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. It is contemplated by the parties that Lessee will install portable classrooms on the Premises which will not violate the above restrictions as to alterations and improvements. Said portable classrooms are and will remain the property of the Lessee. Should the installation of the portable classrooms alter the premises as described above, Lessee shall follow the above provisions as to notice, approval and removal without damage to Lessor’s property. 9. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part of or any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. Page 4 of 9 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 12. INSURANCE. Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit “A” attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE. Lessee shall keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. Lessee agrees that all operation, upkeep, and maintenance will be at Lessee's expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, said monies shall become additional rent due hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee' s failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this lease. 14. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold or be entitled to any part of the award for such taking, or any payment in lieu thereof. 15. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. Page 5 of 9 17. DEFAULT; REMEDIES. (a) If the Lessee shall violate any of the covenants of this lease and fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and receive the rent therefor and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period. (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this lease. (d) Municipal Purpose: The City may terminate this Lease in the event it determines that the Leased Premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this Lease shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible for all monies due and owing hereunder at the time of such determination resulting from the operation hereof, together with any other monies due in accordance with this Lease. 18. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. Page 6 of 9 (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, hand delivered to the premises leased hereunder, or delivered by commercial courier shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, hand delivered or delivered by commercial courier to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that any signs to be used by Lessee, except inside the building, shall comply with applicable governmental rules, regulations and ordinances and shall be further subject to the prior approval of the Lessor. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due (due date inclusive), Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any sum not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of any sum due hereunder. 19. SUBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. 20. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 21. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property Page 7 of 9 or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney’s fees for all proceedings, trials and appeals. The terms and conditions of this paragraph shall expressly survive the termination or expiration of this Lease. 22. “AS IS” CONDITION. The Lessee accepts the leased premises on an “as is” basis, and Lessor shall have no obligation to improve or remodel the leased premises. 23. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. LESSEE OPTION TO TERMINATE Lessee may terminate this Lease by giving ninety (90) days written notice to Lessor, following which this Lease shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except for provisions expressly intended to survive termination, and that Lessee shall be responsible for all monies due and owing in accordance with this Lease. 25. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed Page 8 of 9 against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall survive the termination of this Lease. 28. RADON GAS NOTIFICATION The following Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted into all contracts for sale, purchase or rental of real property: Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 29. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 30. ATTORNEY’S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 31. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. [Signature page follows] Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: CITY OF CLEARWATER, FLORIDA ________________________________ By: ____________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ________________________________ _____________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Hope Academy International, LLC ________________________________ Witness signature ________________________________ Print Witness Name By: _____________________________________ Felicia M Harris, President ________________________________ Witness signature ________________________________ Print Witness Name City of Clearwater Insurance Requirements Exhibit “A” Page 1 EXHIBIT “A” CITY OF CLEARWATER INSURANCE REQUIREMENTS The Lessee shall, at its own cost and expense, acquire and maintain (and, if applicable, cause any contractors and subcontractors 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. Specifically the Lessee 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. These insurance requirements shall not limit the liability of the Lessee. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Lessee’s interests or liabilities, but are merely minimums: 1. Commercial General Liability in the amount of $1,000,000 per occurrence, including but not limited to, bodily injury, personal injury, property damage, premises-operations, sexual abuse, sexual harassment, contractual liability, independent contractors, and liability assumed under an insured contract. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be no less than $3,000,000. 2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3. Workers’ Compensation Insurance shall be maintained during the life of this contract in accordance with the laws of the State of Florida, for all of Lessee’s employees employed at the site. Coverage should include City of Clearwater Insurance Requirements Exhibit “A” Page 2 Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. 4. Employer’s Liability Insurance shall be maintained in the minimum amount of $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limits for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. 5. If the Lessee is using its own property or the property of City in connection with the performance of its obligations under this Agreement, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. 6. Such insurance shall be on a form acceptable to the City and shall cover vendor and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by vendor under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. Limits required are: Each Claim: $1,000,000, Annual Aggregate: $1,000,000,Deductible or Self Insured Retention $25,000 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1. The City is to be specifically included as an “Additional Insured” on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed above and named as a “Loss Payee” on Lessee’s Property Insurance policy. Coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. City of Clearwater Insurance Requirements Exhibit “A” Page 3 2. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Lessee will furnish the City with a Certificate of Insurance evidencing the coverage’s set forth above and naming the City as an “Additional Insured” on the Lessee’s Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above and as a “Loss Payee” on the Lessee’s Property Insurance policy. In addition, Lessee will provide the City with certified copies of all applicable policies when requested in writing from the City. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Administrative Support Manager Engineering/Production Department P.O. Box 4748 Clearwater, FL 33758-4748 3. Lessee shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. 4. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. 5. Lessee shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee’s obligation to provide the insurance coverage specified. METTO ST PALMETTO ST PENNSYLVANIA AVE METTO ST 915913916909913912911906920911908909905908 1004 1010 1006 1008 AERIAL MAP ² N.T.S.Scale: Lease Property918 Palmetto St.Parcel Number: 10-29-15-68346-000-0050 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\918 Palmetto St Lease_.mxd Parcel Size:+/- 0.12 ac. Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2019 Date:5/5/202010-29s-15eS-T-R:269AGrid #:WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7745 Agenda Date: 5/21/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize a purchase order to Carl Eric Johnson of Lawrenceville, GA, for Moyno pumps, parts and services, in the annual amount of $300,000.00 with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 Exceptions to Bidding, and authorize the appropriate officials to execute same. (consent) SUMMARY: Moyno Pumps are standardized in the City’s wastewater and water facilities for handling of high viscosity sludge and residuals, due to reliability of the pumps, and to facilitate operational and maintenance efficiency. Carl Eric Johnson of Lawrenceville, GA is the sole authorized regional distributor of Moyno equipment and services. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts, replacement pumps, and the cost of maintenance operations. Public Utilities will complete a market analysis each year prior to renewal to ensure no additional distributors have entered the market for these parts. In accordance with city code Section 2.564 (1)(b), Exceptions to Bidding, Carl Eric Johnson has been determined a sole source vendor for Moyno Pumps, replacement parts and factory authorized service. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 550400 Operating Supplies & Materials to cover the cost of the contract for FY20 Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 5/21/2020 T 937-454-3200 NOV Process and Flow Technologies US, Inc. F 937-454-3379 Moyno™ www.moyno.com 5870 Poe Avenue Dayton, OH 45414 30 April 2020 Caley Conard City of Clearwater Public Utilities Department RE: Florida Moyno Representative Dear Caley Conard, This letter is to confirm that Carl Eric Johnson, Inc. is the sole authorized representative State of Florida for genuine Moyno products. Moyno is a brand of NOV Process and Flow Technologies US, Inc. Accordingly, all genuine Moyno Pumps and Grinders including the Moyno 2000 Pump, EZStrip Pumps, Annihilators and TR Munchers; parts and Certified Moyno Repair/Rebuilder Services are available only through Carl Eric Johnson, Inc. Mr. Cliff Allen is our technical representative for your area. He can be reached by cell at 813-952- 4423. If you have any questions or need additional information, you may also contact me direct at 937-469-6104. We appreciate your business and look forward to providing genuine Moyno products and services to you in the future. Regards, Kevin Eisert Moyno Area Sales Manager ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/28/2020 (404) 917-1928 (404) 252-8834 25844 Carl Eric Johnson, Inc.1725 Q MacLeod Dr. Lawrenceville, GA 30043 A 1,000,000 X CPA4309120 4/1/2020 4/1/2021 500,000 10,000 1,000,000 2,000,000 2,000,000 PER LOCATION AG 10,000,000 1,000,000A X CPA4309120 4/1/2020 4/1/2021 3,000,000A CPA4309120 4/1/2020 4/1/2021 3,000,000 0 A WCA4309121 4/1/2020 4/1/2021 1,000,000N1,000,000 1,000,000 City of Clearwater is included as an additional insured with respect to general liability and automobile liability as per written contract agreement per the attached. City of Clearwater Attn: Purchasing Department PO Box 4748 Clearwater, FL 33758-4748 CARLERI-01 DCANTRELL Tanner, Ballew and Maloof, Inc.5871 Glenridge DrSuite 400Atlanta, GA 30328 Debbie Cantrell dcantrell@tbmins.com Union Insurance Company X X X X X X X X COMMERCIAL GENERAL LIABILITY CL CG 00 60 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc., with its permission GENERAL LIABILITY CONTRACTOR'S ENHANCEMENT ENDORSEMENT - GEORGIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1.The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a.$10,000; or b.The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the follow- ing applies: 1.The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premi- ses while rented to your or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2.Paragraph 6.of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to 5. above, the greater of: a.$500,000; or b.the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, explosion or sprinkler leakage incident. 3.Paragraph 4.(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4.Paragraph 9.a. of SECTION V - DEFINITIONS is deleted and replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; C. PROPERTY DAMAGE - ELEVATORS Under SECTION I - COVERAGE A.2. Exclusions j. Damage To Property: Paragraphs (3), (4), and (6) of this exclusion do not apply to the use of elevators. k. Damage To Your Product does not apply to the use of elevators. &DUO(ULF-RKQVRQ,QF 3ROLF\1XPEHU&3$ 2021 CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc., with its permission D. NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. E. COVERAGE FOR INJURY TO LEASED WORKERS Under SECTION I - COVERAGE A.2. Exclusions, With respect to Exclusion 2.e. Employer's Liability, the definition of "employee" in the DEFINITIONS Section is replaced by the following: "Employee" does not include a "leased worker" or a "temporary worker". F. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $3,000; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $1,000. G. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or organization described in paragraph f. below, whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured provided: (1) The written contract, written agreement or permit is: (a) Currently in effect or becomes effective during the policy period; and (b) Executed prior to an "occurrence" or offense to which this insurance would apply. (2) They are not specifically designated as an additional insured under any other provision of, or end- orsement added to, this policy. f. Only the following persons or organizations are additional insureds under this endorsement, and cover- age provided to such additional insureds is limited as provided herein: (1) The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. H. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organi- zation to whom you are obligated by written contract or written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", property damage" or "personal and advertising injury" caused, in whole or in part, by: AUTOMATIC ADDITIONAL INSURED ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc., with its permission a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this policy ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per-forming operations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy under which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional insured. 4. With respect to the insurance afforded to these additional insureds, SECTION III - LIMITS OF INSURANCE is amended as follows: The limits applicable to the additional insured are those specified in the written contract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agree- ment, the limits applicable to the additional insured are those specified in the Declarations. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. I. BROADENED NAMED Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. J. EXTENDED PROPERTY DAMAGE The following is added to SECTION I - COVERAGE A 1. For the purposes of this coverage section, Exclusions j.(4) and (5) are deleted in their entirety, and are replaced by the following: (4) We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to personal property of others while in the care, custody and control of the insured (5) That particular part of real property on which you or any contractors or subcontractor working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc., with its permission 2. The amount we will pay for damages is limited to $5,000 per occurrence, $15,000 policy aggregate. 3. The insurance provided by this endorsement does not apply to "property damage" included within the "products-completed operations hazard" or within the "explosion hazard", the "collapse hazard" or the "underground property damage hazard". 4. A deductible of $250 per claim is applicable to this coverage part. The deductible does not reduce the limit of insurance. For purposes of the coverage provided by this endorsement the following definitions are added to SECTION V - DEFINITIONS: a. "Collapse hazard" includes structural property damage: and any resulting "property damage" to any property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Underground property damage hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. d. Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. K. LIMITED CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGE A and Paragraph 2. Exclusions of SECTION I - COVERAGE B: 1. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. L. PER PROJECT AGGREGATE LIMIT 1. Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to the insured. The most we will pay under this coverage extension is $10,000,000 regardless of the number of separate construction projects. If a construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. M. LOCATION AGGREGATE LIMIT 1. Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. The most we will pay under this coverage extension is $10,000,000 regardless of the number of separate locations. CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc., with its permission 2. Under Section V - Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of way of a railroad. N. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer or insurance manager, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers’ Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers’ Compensation policy. O. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. P. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Q. OTHER INSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Extensions of this endorsement, the limit and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by that Coverage Form or Endorsement. R. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced entirely with the following: a. Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc., with its permission S. JOINT VENTURE / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE 1. The following is added to Section II - Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. However, this coverage does not apply: a. Prior to the termination or end date of any joint venture, partnership or limited liability company; b. To a joint venture, partnership or limited liability company which is, or ever was, insured under a “consolidated (wrap-up) insurance program” (also known as an owner-controlled insurance program, O.C.I.P.). 2. With respect to the coverage provided by this section G. Joint Venture / Partnership / Limited Liability Company Coverage, the last Paragraph of Section II - Who Is An Insured is replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 3. As used in this endorsement, “consolidated (wrap-up) insurance program“ (also known as an owner-controlled insurance program, O.C.I.P.) means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction, erection or demolition project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, sometimes referred to as an a Contractor Controlled Insurance Program (C.C.I.P.) T. MOBILE EQUIPMENT REDEFINED Sub-paragraph f.(1) of definition 12. “mobile equipment” of Section V - Definitions is entirely replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; U. LIBERALIZATION CLAUSE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added: If we adopt any revision that would broaden the coverage under this coverage form without additional premium during the policy period, the broadened coverage will apply to this coverage part when the change becomes effective in your state. COMMERCIAL AUTO AI CA 59 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by endorsement. SUMMARY OF COVERAGE EXTENSIONS Provision No. Name of Extension Limit or Included A.Broadened Named Insured Included B.Additional Insured by Contract or Agreement Included C.Additional Insured- Employees Included D.Extended Coverage- Bail Bonds $5,000 E.Extended Coverage- Loss of Earnings (Per Day)$1,000 F.Fellow Employee Coverage Included G.Transportation Expense Due to Theft of a Covered Auto (Per Day/Maximum)$75/ $2,500 H.Extended Coverage - Air Bags Included I.Physical Damage Coverage- Leased or Financed Autos Included J.Glass Deductible Included K.Extended Coverage- Electronic Equipment Included L.Extended Coverage- Personal Effects $500 M.Towing (Gross Vehicle Weight of 20,000 lbs. or less)$100 N.Physical Damage Coverage -Hired “Autos”$65,000 1. Loss of use (Per Day/Maximum)$500/ $3,500 O.Rental Reimbursement Coverage $2,500 P.Drive Other Car Coverage Included Q.Knowledge of Occurrence Included R.Waiver of Subrogation By Contract or Agreement Included S.Unintentional Omissions Included T.Bodily Injury Re-defined Included U.Employee Hired Auto Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. &DUO(ULF-RKQVRQ,QF 3ROLF\1XPEHU&3$ 2021 Additional Insured by Contract or Agreement Waiver of Subrogation By Contract or Agreement AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 A. BROADENED NAMED INSURED The Named Insured shown in the Declarations is amended to include: Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50%, unless that organization is an “insured” under any other automobile policy or would be an “insured” under such a policy but for the exhaustion of its Limit of Insurance, however; 1. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization or the end of the policy period, whichever is earlier. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Section II – Covered Autos Liability Coverage, Paragraph A.1.: d. Any person or organization for whom you are performing operations if you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (1) Such person or organization is an additional insured only with respect to liability for “bodily injury” or “property damage”: a. Caused by an “accident”, and b. Resulting from the ownership, maintenance or use of a covered “auto”. (2) A person’s or organization’s status as an additional insured exists only while you are performing operations for that additional insured. (3) Section II, Paragraph C. Limits of Insurance for person or organization added as additional insured are those specified in the written contract or agreement, or in this coverage form, whichever is less. These limits of insurance are inclusive of and are not in addition to the Limits of Insurance shown in the Declarations. (4) This insurance applies on a primary and non- contributory basis if that is required by the written contract or agreement. (5) This insurance does not apply unless the written contract or agreement has been executed prior to the “bodily injury” or “property damage”. C. ADDITIONAL INSURED - EMPLOYEES Section II- Covered Autos Liability Coverage, Paragraph A.1.b.(2) is deleted and replaced by the following: (2) Your employee or agent if the covered “auto” is owned by that employee or a member of his or her household, but this exclusion does not apply if the covered "auto” is being used in your business or your personal affairs. D. EXTENDED COVERAGE - BAIL BONDS Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(2) is deleted and replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. E. EXTENDED COVERAGE - LOSS OF EARNINGS Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $1,000 a day because of time off from work. F. FELLOW EMPLOYEE COVERAGE Section II – Covered Autos Liability Coverage, Paragraph B.5. does not apply. G. COVERAGE EXTENSION AS A CONSEQUENCE OF THEFT OF AN “AUTO” 1. Transportation Expense AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Section III – Physical Damage Coverage, Paragraph A.4.a. is deleted and replaced by the following: a. We will also pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered “auto” that has a Gross Vehicle Weight of 20,000 lbs. or less. We will pay only for those covered “autos” for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. We will also pay reasonable and necessary expenses to facilitate the return of the stolen “auto” to you. H. EXTENDED COVERAGE - AIRBAGS Section III – Physical Damage Coverage, Paragraph B.3.a. does not apply to the unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. I. PHYSICAL DAMAGE COVERAGE - LEASED OR FINANCED “AUTOS” The following is added to Section III – Physical Damage Coverage, Paragraph C.: 4. In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: a. The amount under the Physical Damage coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”, (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance; (5) Carry-over balances from previous loans or leases. J. GLASS DEDUCTIBLE Section III – Physical Damage Coverage, Paragraph D. is deleted and replaced by the following: D. DEDUCTIBLE For each covered “auto” our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: 1. “Loss” caused by fire or lightning; or 2. “Loss” when you elect to patch or repair glass rather than replace. K. EXTENDED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Section III - Physical Damage Coverage, Paragraph A.4.: c. Physical Damage coverage on a covered “auto” also applies to “loss” to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered “auto” at the time of “loss” or the equipment is removable from a housing unit which is permanently installed in the covered “auto” at the time of the “loss”, and such equipment is designed to be solely operated by use of the power from the “auto’s” electrical system, in or upon the covered “auto”. We will pay with respects to a covered “auto” for “loss” to antennas and other accessories necessary for use of the electronic equipment. However, this does not include tapes, records or discs. L. EXTENDED COVERAGE - PERSONAL EFFECTS AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 The following is added to Section III – Physical Damage Coverage, Paragraph A.4.: d. Physical Damage Coverage on a covered “auto” may be extended to “loss” to your personal property or, if you are an individual, the personal property of a family member, that is in the covered “auto” at the time of “loss”. The most we will pay for any one “loss” under this coverage extension is $500. M. TOWING Section III – Physical Damage Coverage, Paragraph A.2. is deleted and is replaced by the following: If an “auto” with a Gross Vehicle Weight of 20,000 lbs. or less is provided both Comprehensive and Collision Coverage, we will pay up to $100 for towing and labor costs incurred each time such covered “auto” is disabled. However, the labor must be performed at the place of disablement. N. PHYSICAL DAMAGE COVERAGE - HIRED “AUTOS” You may extend the Comprehensive, Specified Causes of Loss and Collision coverages provided on your owned “autos” to any “auto” you lease, rent, hire or borrow from someone other than your employees or partners or members of their households. Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Coverage provided here is subject to the following: 1. This extension is only available for “autos” you lease, hire, rent or borrow for less than 30 consecutive days. 2. The most we will pay in any one “loss” is the least of $65,000, the actual cash value of the “auto” or the cost to repair or replace the “auto”, except that such amount will be reduced by a deductible to be determined as follows: a. The deductible shall be equal to the amount of the highest deductible shown for any owned “auto” of the same classification for that coverage. In the event there is no owned “auto” of the same classification, the highest deductible for any owned “auto” will apply for that coverage. b. No deductible will apply to “loss” caused by fire or lightning. 3. Coverage provided under this extension will: a. Be excess over any other collectible insurance you have; b. Pay, in addition to the limit set forth in N.2. above, up to $500 per day, not to exceed $3,500 per “loss” for: (1) Any costs or fees associated with the “loss” to a hired “auto”; and (2) Loss of use, provided it is the consequence of an “accident” for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. O. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. This coverage is only available to those covered “autos” involved in a “loss” and Physical Damage is provided to the covered “auto”. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following; a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or b. When the total amount paid under this coverage extension reaches $2,500. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. Not more than $75 per day. 4. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered “auto” and replace such materials and equipment on the rental “auto”. 5. This coverage does not apply while there are spare or reserve “autos” available to you for your operations. 6. If “loss” results from the total theft of a covered “auto” of the “private passenger type”, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. P. DRIVE OTHER CAR COVERAGE 1. Your Covered Autos Liability Coverage, Auto Medical Payments, Uninsured and Underinsured Motorists Coverage, and Physical Damage Coverage is extended to any private passenger type “auto” you hire, borrow or do not own while being used by or in the care, custody or control of the following persons: a. You, if you are designated in the Declarations as an individual. b. Your partners or members, if you are designated in the Declarations as a partnership or joint venture; c. Your members or managers, if you are designated in the Declarations as a limited liability company; d. Your executive officers, if you are designated in the Declarations as an organization other than an individual, partnership, joint venture or limited liability company; e. The spouse of any person named in P.1.a. through P.1.d. while a resident of the same household. 2. The following “autos” are not covered: a. Any “auto” owned by a person named in P.1.a. through P.1.d. or by any member of his or her household. b. Any “auto” used by a person named in P.1.a. through P.1.d. while working in the business of selling, servicing, repairing or parking “autos”. 3. The most we will pay for the total of all damages under Covered Autos Liability Coverage, Auto Medical Payments, Uninsured and Underinsured Motorists Coverage is the LIMIT OF INSURANCE for each Coverage shown in the Declarations as applicable to owned “autos”. 4. Our obligation to pay for, repair, return or replace damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the largest deductible shown for any owned private passenger type “auto” applicable to that coverage. If there are no owned private passenger type “autos”, the deductible shall be $100 for Comprehensive Coverage and $250 for Collision Coverage. No deductible will apply to “loss” caused by fire or lightning. Q. KNOWLEDGE OF OCCURRENCE The following is added to Section IV - Business Auto Conditions, Paragraph A.2.: d. Notice of an "accident" or "loss" will be considered knowledge of yours only if reported to you, if you are an individual, a partner, an executive officer or an employee designated by you to give us such notice. e. Notice of an "accident" or "loss" to your Workers Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be addressed by this policy, rather than your Workers Compensation policy. f. Your rights under this policy shall not be prejudiced if you fail to give us notice of an "accident" or "loss", solely due to your reasonable and documented belief that the event is not covered by this policy. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 The following is added to Section IV- Business Auto Conditions, Paragraph A.2.b.: (6) Knowledge of the receipt of documents concerning a claim or “suit” will be considered knowledge of yours only if receipt of such documents is known to you, if you are an individual, a partner, an executive officer, or an employee designated by you to forward such documents to us. R. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Section IV-Business Auto Conditions, Paragraph A.5.: We waive any right of recovery we may have against any “insured” provided coverage under this endorsement under B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT, but only as respects “loss” arising out of the operation, maintenance or use of a covered “auto” pursuant to the provisions or conditions of the written contract or agreement. S. UNINTENTIONAL OMISSIONS The following is added to Section IV- Business Auto Conditions, Paragraph B.2.: We will not deny coverage under this policy if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional. T. BODILY INJURY REDEFINED Section V- Definitions, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". U. EMPLOYEE HIRED AUTO 1. Changes In Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2020-01001 Agenda Date: 5/21/2020 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 25 S. McMullen Booth Road, and pass Ordinances 9372-20, 9373-20, and 9374-20 on first reading. (ANX2020-01001) SUMMARY: This voluntary annexation petition involves a 0.257-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast corner of S. McMullen Booth Road and Johns Parkway. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Johns Parkway right-of way. The applicant has paid the City’s sewer impact and assessment fees and the property has been connected to the city sewer service. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family Page 1 City of Clearwater Printed on 5/21/2020 File Number: ANX2020-01001 residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, south, and east; therefore, the annexation is consistent with Florida Statutes Section 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/21/2020 Ordinance No. 9372-20 ORDINANCE NO. 9372-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to an Interlocal Service Boundary Agreement authorized by Part II of Chapter 171, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A (ANX2020-01001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9372-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ANNEXATION Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9373-20 ORDINANCE NO. 9373-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description. Residential Urban (RU) (ANX2020-01001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9372-20. Ordinance No. 9373-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20II I RU RU I RLM RU I JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 30873107310131063076307831233109311531193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 3107306031053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9374-20 ORDINANCE NO. 9374-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9372-20. Property Zoning District See attached Exhibit A for Legal Description. Low Medium Density Residential (LMDR) (ANX2020-01001) Ordinance No. 9374-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD I I LMDR MHP 11 120 116 123 150 3087310731013106307630783123310931153060311930593065310831113085LMDR LMDR 25 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ZONING MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD CHERRY LN CLEVELAND ST FEATHERWOOD CT OYSTER BAYOU WAY S McMULLEN BOOTH RD SEAGRAPE CI R ESTUARY TRL BAY LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/21/2020 LOCATION MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY CHERRY LN CHERRY LN OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 2/21/2020 AERIAL PHOTOGRAPH Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Institutional Institutional ANX2020-01001 Randall Eyermann & Danielle Marie Eyermann 25 S. McMullen Booth Road View looking north at subject property, 25 S. McMullen Booth Rd. West of subject property East of subject property South of subject property, across Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9390-20 2nd rdg Agenda Date: 5/21/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9390-20 on second reading, vacating a portion of a platted utility easement described as a part of Tract “C” Drainage Area, Sunstream Subdivision, according to the plat thereof, recorded in Plat Book 143, Pages 65-69 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/21/2020 1 Ord. No. 9390-20 ORDINANCE NO. 9390-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A PLATTED UTILITY EASEMENT, DESCRIBED AS A PART OF TRACT “C” DRAINAGE AREA, SUNSTREAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 143, PAGES 65-69, 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 Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. 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 ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9390-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk PARKSTREAM AVE SUNSTREAM LN MOONBEAM WAYAERIAL MAP PROPOSED UTILITY EASEMENT VACATION 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 Utility Easement Vacation2850 Sunstream Ln. Page 1 of 1Aerial Flown 2019 Date:2/14/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2850 Sunstream Lane.mxd 32-28s-16eS-T-R:233BGrid #:RBReviewed By: Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: OVtnr We s i 32 17x;e- City) p Y 5fI' i 5 Zip• 3 4 9 Telephone Number. 717' 4 7d ZTQ 10 Email Address: Wk. Q 11& (. )-rile., (, c4til Agenda item to which you wish to speak: I. What is your position on the item? For Against GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-07 Agenda Date: 5/21/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Accept a utility easement from Florida Spine Properties, LLC for the construction, installation, and maintenance of city utility facilities on real property located at 2251 Drew Street and adopt Resolution 20-07. SUMMARY: The Utility Easement will allow the city rights for construction, installation, and maintenance of utility facilities on the commercial site. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 5/21/2020 Resolution No. 20-07 RESOLUTION NO. 20-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM FLORIDA SPINE PROPERTIES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from FLORIDA SPINE PROPERTIES, LLC 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 20-07 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-07 DREW ST N BELCHER RD 1st ST 2nd ST 9th ST 160 129 111 2238225122302244220122202250AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2251 Drew St.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed New Utility Easement2251 Drew St.Parcel: 18-29-16-00000-220-0300 Page 1 of 1Aerial Flown 2019 Date:5/5/2020WDMap Gen By:RBReviewed By: Proposed New Utility Easement 290AGrid #:18-29s-16eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-13 Agenda Date: 5/21/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Accept three utility easements from Gulf to Bay Storage Associates, LLC for the construction, installation, and maintenance of certain utility facilities on real property located at 1660 Gulf to Bay Boulevard and adopt Resolution 20-13. SUMMARY: The proposed easements will provide the City with property rights necessary for the construction, installation, and maintenance of city 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 5/21/2020 Resolution No. 20-13 RESOLUTION NO. 20-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING THREE UTILITY EASEMENTS FROM GULF TO BAY STORAGE ASSOCIATES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires the utility easements from Gulf to Bay Storage Associates, LLC, for the development of the subject property, 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 easements; 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 20-13. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBT A TO RESOLUTION 20-13 RAINBOW DR S DUNCAN AVE GULF-TO-BAY BLVD 301 401 216 405 407 403 311 305 3091650 1700166117001668164417091654170116601672165116641658AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1660 Gulf to Bay Blvd.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed New Utility Easements1660 Gulf to Bay Blvd.Parcel: 14-29-15-00000-130-0200 Page 1 of 1Aerial Flown 2019 Date:5/5/2020WDMap Gen By:RBReviewed By: Proposed New Utility Easement 288BGrid #:14-29s-15eS-T-R: Proposed New Utility EasementProposed New Utility Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7775 Agenda Date: 5/21/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Authorize staff to move forward with the necessary steps to obtain approval for the redevelopment of The Landings Golf Course site as a light industrial center. SUMMARY: Staff is seeking direction for a proposed redevelopment of property addressed at 1875 Airport Drive in Clearwater. About the Property: The subject property is city-owned land currently operating as The Landings Golf Course. The zoning and land use is designated Open Space/Recreation (OS/R). In total, the site is 77.71 acres MOL and is bounded by N. Keene Rd to the east, Airport Dr. to the south and adjacent to Clearwater Airpark which is both west and north of the property. About the Project: The proposed project envisions construction of a multi-building industrial center comprised of +/- 750,000 SF Class A rentable space on 65.49 acres MOL. The proposed developer, Harrod Properties anticipates that the project will be developed in 4 phases over a 5 to 7-year period, subject to market conditions and seeks to enter into four separate ground leases with the same terms and conditions. The term of each lease is proposed to be 65 years with three successive 10-year renewal options. The only modifications will be the commencement dates and the Tenant under each ground lease resulting from the developer ’s desire to phase the project in accordance with market conditions and the fact that each phase may be owned by a different entity, but all of which will be an affiliate of Harrod Properties. These leases may be assigned by Tenant (Exhibit A). If Council determines to move this project forward for further review and necessary approvals, the following steps are necessary: ·At the next council meeting (June 4), staff will bring forward the proposed term sheet for approval. Council will consider declaring the property surplus for the purpose of leasing the site for an industrial center. ·The city attorney will prepare and bring forward in June, draft language of referendum question to be placed on the ballot for the November election. The City Charter section 2.01 (d)(5)(v) requires approval at referendum prior to the lease of property identified as recreation open safe space on the city’s comprehensive plan. ·The city attorney will prepare and bring forward in July the referendum question for approval on 1st reading. Upon approval of the language at 2nd reading in August, the referendum language will be transmitted to Pinellas County Supervisor of Elections for placement on the ballot for the November 3 election. Page 1 City of Clearwater Printed on 5/21/2020 File Number: ID#20-7775 ·The developer will prepare and submit applications for appropriate land use plan amendment (IL, Industrial Limited), rezoning (IRT) and FLD (Flexible Development) approvals. ·Staff will bring to Council for approval the final lease agreements. Remainder Parcel: The remainder of the property, approximately 12.22 acres, is proposed to remain recreational use and the city anticipates entering into a lease agreement with the current golf course operator. The operator envisions the construction and operation of an Aqua Range at this location. Staff Recommendation: An appraisal of the subject property was conducted in May, 2019, and subsequent limited environmental (Phase I Environmental Site Assessment, Limited Contamination Study), wildlife hazard, (Wildlife Hazard Site Visit Report), and geotechnical studies (Preliminary Geotechnical Engineering, Redevelopment Feasibility Study) were conducted between July, 2019, and April, 2020. The City is committed to preserving and protecting open space for recreational uses and environmental sustainability. An inventory of current park lands (1,708 acres) in Clearwater shows the level of service is 14.6 acres per 1,000 residents which exceeds the minimum standard of 4.0 acres per 1,000 residents. The removal of 65.49 acres from inventory will reduce this level to 14.2 acres per 1,000 residents which exceeds the minimum standard by 355%. Staff also evaluated the level of service on Keene Road/CR1 and finds that the roadway capacity is currently rated Level C which is generally defined as having stable flow, at or near free flow. Signalization at Palmetto Street/Keene Road is currently being deployed as a joint project with Pinellas County. Additionally, staff conducted a limited economic impact analysis of the proposed use of the subject site and found that the proposed construction of +/- 750,000 SF with a capital investment of $131 million might yield for the city 1,950 direct jobs, 1,823 additional spin-off jobs in the city (indirect and induced), and $11 million in net benefits to the city over a 10-year period. A more thorough examination of economic impact will be conducted as negotiations are finalized and more information regarding employer operations becomes available. Finally, the city Economic Development Strategic Plan (November 2011) recommends the following: “Located adjacent to the Hercules industrial area, the par-3 golf course represents the best opportunity for expanding Clearwater’s stock of undeveloped industrial property. For a built-out, landlocked city with little industrial land this is essential. If the city hopes to expand its manufacturing base, this and other similarly underutilized city-owned properties should be evaluated for accommodating new industrial development.” APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 5/21/2020 File Number: ID#20-7775 N/A Page 3 City of Clearwater Printed on 5/21/2020 Ground Lease Proposal – The Landings GENERAL TERMS: PARTIES: Landlord – City of Clearwater Tenant – Harrod Properties, Inc., or its assigns PROJECT: The Landings Corporate Center (to be built +/ 750,000 SF – Class A - tilt wall industrial project). GROUND LEASE PARCEL: The entirety of the current Landings Golf Course located along Keene Rd. in Clearwater, FL (the “Property”). The Property is outlined on the aerial photograph attached hereto as Exhibit “A”, which shall be superseded by a metes and bounds survey prior to closing. GROUND LEASE TERM: 65 years RENEWAL OPTIONS: Tenant shall have three successive 10-year renewal options. REMAINING GOLF COURSE: The City will enter into a direct lease with the Huston family for the 12.22 acre site that will remain golf use. GROUND RENT The rental rate for Phase 1 will be $0.22 per useable square foot per year plus sales tax (if applicable) paid monthly. The rental rate shall increase annually by the greater of 2% or the annual increase in the United States Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for the South Region for all items, such increase not to exceed 5% annually, with the rate adjusting every five (5) years for payment purposes. The rental rate for future phases (Phase 2 through Phase 4) shall be the then current rental rate of the Phase 1 land lease at the commencement date of the future phase lease. The rental payments shall increase in the same fashion on a five-year interval. Tenant shall receive a ground rent credit for any additional development costs associated with the project as a result of the existing landfill, not to exceed ___________. It is anticipated that a portion of the land fill material (stormwater areas) will need to be removed. Landfill areas under buildings will be left in place and the building foundations will be modified form slab on grade to a pier system with grade beams. Landfill areas under parking areas will be left in place. Tenant shall, upon commencement of the Phase 1 Ground Lease, reimburse the existing tenant (Huston Family) for the then outstanding balance of their bank loan (±350K) to the City for the recently installed irrigation system. Tenant shall receive a ground rent credit equal to the amount of said loan payment. Tenant shall also provide liability insurance coverage for the Property, naming Landlord as an additional insured thereunder, for the duration of the Ground Lease. Tenant will be responsible for the mowing and maintenance of the leased property upon commencement of the Phase 1 Lease Term. Tenant shall cap all existing wells prior to the completion of the Phase 1 work. The City shall ensure the property is served with an appropriate amount of reclaimed water. Tenant shall be responsible for all real estate taxes payable on the Property throughout the Lease Term. OBLIGATORY TAKEDOWN SCHEDULE: Phase 1 (+/- 19.00 acres) – Immediately upon receipt of all approvals necessary to construct the proposed project. Phase 2 (+/- 15.00 acres) – Timing at Tenant’s discretion but no later than 3 years from the Phase 1 takedown. Phase 3 (+/- 13.53 acres) – Timing at Tenant’s discretion but no later than 5 years from the Phase 1 takedown. Phase 4 (+/- 5.55 acres) – Timing at Tenant’s discretion but no later than 7 years from the Phase 1 takedown. The Phases shall be generally as delineated on “Exhibit A”. The Phases outlined herein are subject to adjustment by the parties and consent to such adjustment by the City shall not be unreasonably withheld. Any such adjustment shall include a rent adjustment of the rate of twenty-two cents ($0.22) per usable square foot. There will ultimately be four (4) separate ground leases with the same terms and conditions. The only modifications will be the commencement dates and the Tenant under each ground lease. This is a result of our desire to phase the project in accordance with market conditions and the fact that each phase may be owned by a different entity, but all of which will be an affiliate of Harrod Properties. These leases may be assigned by Tenant. The time for performance of Tenant’s obligations hereunder shall be “tolled” by the amount of time, if any, required to fully resolve any third-party challenge to any of the governmental approvals required to develop the project contemplated herein. PREPAYMENT OPTION: Tenant shall have the right at any time during the ground lease term and renewal terms to prepay the ground lease for a period of up to 20 years, with a minimum prepayment of 5 years. In the event Tenant elects to exercise said option, the prepayment shall be an amount equal to the discounted value of the future payments over the desired term. The discount rate utilized for this calculation shall be the lower of the then current prime rate of interest or four percent (4%). CONTINGENCIES: The obligations of Tenant hereunder shall be contingent upon the successful completion of all of the contingencies listed below: (a) The Clearwater City Council forwards the required referendum ballot question to the Supervisor of Election Office for inclusion in the November 2020 election cycle; and (b) The referendum question passes at referendum in November 2020; and (c) The Tenant is able to obtain final, non-appealable Development Orders including a Countywide LUPA, appropriate rezoning and FLD approval by November 2020, which timeframe shall be tolled by the number of days “lost” due to the pendency of any third party challenges to any of the approvals set forth therein; and (d) The current Tenant on the Property (Huston Family) fulfills its covenants to Tenant by separate agreement regarding the restructuring of its existing lease with the City. ENVIRONMENTAL REVIEW: Tenant shall have sixty (60) days from the date of approval of this term sheet by the City Council in which to determine whether the environmental condition of the Property is acceptable to Tenant, in its sold and absolute discretion. In the event that Tenant determines that material environmental conditions or geotechnical issues exist with respect to the Property, this transaction shall be deemed terminated, and neither party shall have any liability to the other. OFF SITE RETENTION: Landlord acknowledges that some of the necessary retention for the proposed project will be located on the remaining golf course site to the south (the “Remaining Golf Course”), which will necessitate that a perpetual drainage easement be granted to Tenant. The cost of constructing the proposed retention will be borne by Tenant and Landlord will have the use of any fill dirt generated during the construction of the retention. The location of the proposed retention will be in an area mutually agreeable to Tenant, Landlord and the Tenant of the Remaining Golf Course. Tenant shall also be granted an easement to construct, maintain and utilize the additional retention ponds on the remaining land phases upon commencement of the Phase 1 ground lease. Tenant shall size the pond on the Remaining Golf Course parcel to accommodate a future multi-family development on that site. The City will ensure that any future developer will pay is pro rata cost to maintain and repair said retention pond. SUBORDINATION: Landlord agrees that its interest in the ground lease will be subordinate to the lien of Tenant’s institutional lender, and Landlord further agrees to enter into a subordination and non- disturbance agreement reasonably acceptable to Tenant’s lender(s) evidencing such subordination. The Landings Corporate CenterMay 2020 Harrod PropertiesHarrod Properties, Inc., founded in 1990 by Gary W. Harrod, is a commercial real estatedevelopment company that designs, builds, leases and manages office and industrialbuildings. Harrod Properties has been involved with the development of over 15 millionsquare feet of office and industrial space and prides itself on creating lasting relationshipswith tenants, investors and lenders. Harrod Properties acts as a portfolio developerbuilding only the highest quality assets.Harrod Properties strongly believes in long-term relationships with both the owners andtenants of our development projects. With years of experience and a dedicatedmanagement team, Harrod Properties strives to exceed our clients’ expectations. Harrod PropertiesBuild-to-Suit Services:Businesses every day face new challenges to compete and maintaintheir growth, whether it is restructuring, mergers and acquisitions, relocating or technology.A build-to-suit offers an owner, or long-term tenant, the advantage of designing a buildingthat closely meets its current and future requirements in terms of location, size, configuration,expansion, parking and special features. Our goal at HP is to meet our clients’ ever-changing needs.Construction Management Services:Offering full accountability, quality control and theflexibility to adapt to changes in requirements, HP provides direct, hands-on servicethroughout the construction process. Through our in-house construction management team, HPinsures the project will be delivered on-time and on budget.Property Management Services:Property Management Services encompass the day-to-day supervision of commercial real estate at the property level. Harrod Properties offers ahands-on approach by our dedicated management team. By effectively managing ourtenant’s properties in which they conduct their business, our clients are better served and canincrease their investment values. Active Industrial Project Locations2,000,000 sfCentral Pinellas2,000,000 sfPasco County200,000 sfLakewood Ranch700,000 sf Case Study - Starkey Lakes III Starkey Lakes IIIStarkey Lakes III Starkey Lakes III Starkey Lakes III Case Study - Gatewood Corporate Center at Lakewood RanchPhase I:‐ Building 2 (±60,000 sf)‐ Building 5 (±100,000 sf)Phase II:‐ Building 1 (±60,000 sf)‐ Building 6 (±100,000 sf)Phase III (future):‐ Building 3 (±60,000 sf)‐ Building 4 (±60,000 sf)Commercial Condo (future)‐ Building 7 (±73,000 sf)16225437 Gatewood Corporate Center at Lakewood RanchGatewood Gatewood Corporate Center - Aerial Gatewood Corporate Center Gatewood Corporate Center Map1875 Airport Drive, Clearwater, FL 33765 Development Plan ContactsTAMPA, FLRob WebsterGary Harrod813.229.1500Harrod Properties, Inc.5550 W. Executive Dr. Suite 550Tampa, FL  33609www.harrodproperties.com 5/14/2020 Summary Report | The Landings +/- 750,000 SF | Impact DashBoard https://dashboard.impactdatasource.com/clients/5bd880953a5e3c1400201874/projects/5d251cb633a4bc170069b1ac/scenarios/5ebc59cec0983…1/1 Pinellas County ($2.0m) ($1.5m) ($1.0m) ($500.0k) $0.0 $500.0k $1.0m $1.5m $2.0m $2.5m $3.0m 1 2 3 4 5 6 7 8 9 1010 IMPACT REPORT THE LANDINGS CORPORATE CENTER The Landings +/- 750,000 SF BENEFITS $27,316,553 COSTS ($15,468,991) NET BENEFITS $11,847,562 JOBS 5,176.0 Total 1,960.0 Direct 3,216.0 Spin-off SALARIES $43,339 Avg $60,000 Direct $33,185 Spin-off CAPITAL INVEST. $131.20m Buildings + FF&E RESIDENTIAL DEV. 151.4 Homes 1,009.3 Relocations NET BENEFITS $11,847,562 Present Value $8,818,781 BENEFITS Sales Taxes $2,002,171 Real Property Taxes $4,692,659 FF&E Property Taxes $912,745 New Residential Property Taxes $1,236,858 Building Permits and Fees $0 Utility Revenue $7,212,253 Miscellaneous Taxes and User Fees $9,237,838 Communications Services Taxes $272,498 State Shared Revenue $1,749,532 Benefits Subtotal $27,316,553 COSTS Cost of Government Services ($9,274,135) Cost of Utility Services ($6,194,856) Costs Subtotal ($15,468,991) NET BENEFITS OVER 10 YEARS CITY $11,059,374 COUNTY $11,847,562 SCHOOL DISTRICT $10,278,576 OTHER $3,379,443 PINELLAS COUNTY, FLORIDA Economic Development Market Assessment Executive Summary and Methodology Report DRAFT REPORT | December 2019 DRAFT SB Friedman Development Advisors i PINELLAS COUNTY, FLORIDA Economic Development Market Assessment Executive Summary and Methodology Report December 2019 S. B. FRIEDMAN & COMPANY 221 N. LaSalle St. Suite 820 Chicago, IL 60601 T: 312.424.4250 F: 312.424.4262 E: info@sbfriedman.com Contact: Geoff Dickinson T: 312.384.2404 E: gdickinson@sbfriedman.com DRAFT SB Friedman Development Advisors ii PINELLAS COUNTY, FLORIDA Economic Development Market Assessment Executive Summary and Methodology Report Table of Contents SECTION PAGE 1. Executive Summary ..................................................................................................................................................................... 1 2. Office Market Assessment - Key Findings ......................................................................................................................... 2 3. Industrial Market Assessment - Key Findings ................................................................................................................... 7 4. Office Market Assessment Methodology .......................................................................................................................... 11 5. Industrial Market Assessment Methodology .................................................................................................................. 17 Appendix A: Economic Development Capital Projects Market Study .............................................................................. 22 Appendix B: Limitations of Engagement .................................................................................................................................... 23 S. B. FRIEDMAN & COMPANY d/b/a SB FRIEDMAN DEVELOPMENT ADVISORS 221 N. LaSalle St. Suite 820 Chicago, IL 60601 T: 312.424.4250 F: 312.424.4262 E: info@sbfriedman.com www.sbfriedman.com DRAFT SB Friedman Development Advisors 1 1. Executive Summary SB Friedman Development Advisors (“SB Friedman”) was engaged, as part of a team led by HDR, Inc., to conduct real estate market analyses that assessed the opportunities and challenges for new office and industrial development in Pinellas County, Florida. The goal of Pinellas County (the “County”) is to facilitate a strong and robust local economy that supports the retention and growth of existing businesses and attracts employers from new “Target Industry” (aviation and aerospace, financial services, information technology, medical technologies and life sciences, microelectronics, or defense and national security) businesses. A series of studies regarding economic development and redevelopment in Pinellas County have been conducted over the past two decades. However, the County recognized a need for additional research to summarize and refresh this prior work, including additional office and industrial market research. SB Friedman’s market assessment was based on quantitative and qualitative research, and reviewed the following key considerations:  Location, site analysis and the competitive supply of real estate products;  Local, regional and national development trends including building age, typology, historical absorption, pricing/rents and vacancy;  Countywide employment projections and demand;  Prototypical building profiles for Target Industry businesses;  Landowner/business/broker/developer/stakeholder interviews (“informant interviews”); and  Site visits and fieldwork reconnaissance. SB Friedman began the analysis by conducting an existing conditions assessment, then completed a series of market analyses to estimate the development potential and identify barriers to office and industrial development in Pinellas County. The findings of this analysis informed the policy guidelines for deployment of funds from the Penny IV Economic Development Program. These guidelines aim to address identified challenges to real estate (re)development that prevent or limit economically beneficial (re)development from occurring through strategic investment in capital projects. Identified challenges to new office and industrial development, as well as attracting and retaining Target Industry tenants to Pinellas County, include competition with other southeastern United States markets, the presence of obsolete buildings that do not meet modern users’ needs, limited land and infrastructure availability, and financial feasibility for new development. The Penny IV Economic Development Program can be utilized to strategically invest in capital projects to ameliorate barriers to development. Penny IV funds could be used to support new construction, expansion and/or rehabilitation of office and industrial buildings, publicly led site-readiness, and/or publicly led infrastructure projects. SB Friedman prepared a briefing book entitled “Pinellas County Economic Development Capital Projects Market Study”, dated December 2019. This document is supplementary to the briefing book, providing a summary of key findings by land use and a summary of analytical methodologies used to inform the market assessments. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 2 2. Office Market Assessment - Key Findings SB Friedman conducted various real estate market analyses to assess the potential for future office development within Pinellas County. SB Friedman also assessed the barriers to retaining and growing existing businesses and attracting Target Industry tenants to the county. The findings of these market analyses provide a deeper understanding of the competitive position of Pinellas County and are intended to inform the Penny IV Economic Development Program Guidelines. COMPETITIVE SUPPLY Class A office development in Pinellas, Hillsborough and Pasco Counties (the “Tri-County region”) is generally concentrated in seven submarkets: Downtown Tampa, Downtown St. Petersburg, Westshore, Greater Gateway, Northwest Tampa, Northeast Tampa, and East Tampa. Westshore, located in Hillsborough County, is the largest Class A office submarket in the region, with approximately 8.2 million square feet (SF) of Class A office space. Target Industry office users typically prefer to locate in higher-quality Class A office space. Class A office space refers to the most desirable, best-quality buildings that seek the highest rents and sale prices in a market and offers the most attractive space. These buildings are generally developed as multi-tenant spaces anchored by larger office tenants or build-to-suit corporate spaces developed on a standalone basis for specific tenants. Class A office space is generally concentrated in urban areas and in suburban markets with proximity to major interstates and interchanges, making them accessible to corporate executives and a large labor force. Class B office space refers to buildings that are generally older and compete for a wider range of professional users that do not have as stringent location preferences. Greater Gateway Submarket The Greater Gateway submarket, in Pinellas County, is the second largest office cluster in the Tri-County region and a major contributor to regional Class A office space, with approximately 12.5 million SF of office space. Office parks within the Greater Gateway submarket leverage strong transportation connections with access to major transportation arteries, interstates and airports. However, there has been limited new construction since 2010, with only 800,000 SF delivered in four major projects. Apart from Carillon, most of the Greater Gateway submarket lacks a dynamic, walkable, mixed-use live/work/play environment. Suburban walkability generally exists in mixed-use residential and retail settings, rather than traditional suburban office settings. As millennials age and enter family years, there may be a shift back towards the suburbs in both housing and office location preferences. There is some potential to capitalize on shifting preferences and create a more walkable, mixed-use office environment to compete successfully for this component of the regional labor force within the Greater Gateway submarket. Greater Gateway can position itself for future development by continuing to utilize its strong transportation connections, including the prioritization of select sites along major arteries (US-19, Route 688 intersection) and/or near the St. Pete- Clearwater Airport. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 3 Downtown St. Petersburg Submarket Pinellas County’s primary urban office market is located in Downtown St. Petersburg. There is approximately 4.1 million SF of office space within the submarket, of which approximately 1.7 million SF is Class A office. Major office concentrations are located in clusters such as the Edge District, the east side of Downtown St. Petersburg, and the Innovation District, which consists of large-scale healthcare facilities and campuses for the University of South Florida - St. Petersburg. There has been no new Class A office space constructed in Downtown St. Petersburg since 2009 and only 400,000 SF of Class A office space built since 2000. However, there has been recent interest in the rehabilitation of existing buildings and new construction, with approximately 380,000 SF of new development proposed within the submarket. The City of St. Petersburg has engaged in public-private partnerships (PPPs) with developers to make these projects feasible; one example includes a $9 million City contribution to fund the construction of a public parking deck within a proposed mixed-use development project downtown. The Downtown St. Petersburg office submarket is poised to become a re-emerging market, with substantial new, higher-quality residential and retail development attracting a growing millennial population and workforce. DEVELOPMENT POTENTIAL Pinellas County is anticipated to add office jobs in the future, driving the demand for office real estate development. Moody’s Analytics projects an estimated 24,000 additional office jobs in Pinellas County through 2040 (0.75% compound annual growth rate (“CAGR”)). Of those jobs, the Finance, Insurance, and Real Estate (“FIRE”) sectors are projected to increase at the highest CAGR (1.20%) by 2040. Overall, SB Friedman projects 3.7 million SF of net new office development within Pinellas County between 2020 and 2040. This is a preliminary forecast that is largely dependent on various factors, including broader economic conditions or cycles (e.g., macroeconomic changes or “redevelopment/infill environment” cycling), land limitations/site assembly complications, intensification of improved sites and/or rehabilitation of existing buildings, and the level of public financial participation. NATIONAL AND REGIONAL TRENDS Recent trends at the national and regional level have indicated a shift from car-oriented, single-use office parks to walkable, vibrant and mixed-use work environments. This preference has been reflected in recent years by a decline in suburban office construction both nationally and regionally. Within the regional office market, development trends have indicated a shift towards more urban office development in submarkets such as Westshore, Downtown Tampa and Downtown St. Petersburg. Historical data from CoStar indicates that over 66% of Class A office deliveries between 1990 and 1999 occurred in suburban office submarkets within the region. Similar trends occurred in the following decades (63% between 2000 and 2009, and 73% between 2010 and 2019). However, data from CoStar indicates that regionally, urban submarkets, including Downtown Tampa, Downtown St. Petersburg and Westshore, are anticipated to capture the vast majority of future new office construction. Several proposed and under-construction developments are now targeting urban, walkable areas such as Heights Union near the River Walk and Water Street in Downtown Tampa. In 2015, millennials surpassed Gen Xers as the largest generation in the U.S. labor force. Millennials have a clear preference for mixed-use walkable environments, which has likely impacted corporate office location decisions. However, as millennials age and enter family years, there may be a shift back to the suburbs. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 4 DEVELOPMENT PROTOTYPES SB Friedman created development prototypes for suburban-format and urban-format office buildings to understand the types of space Target Industry office users would likely seek to occupy. Using CoStar, the prototypes were developed based on typical characteristics of recently delivered and under-construction Class A office buildings within the regional office market. Table 1 highlights the characteristics of prototypical buildings for both suburban-format and urban-format office space (“Office Development Prototypes”). Table 1: Office Development Prototypes – Pinellas County Suburban-Format Office Urban-Format Office DEVELOPMENT CHARACTERISTICS Gross Land Area (acres) 11 2 Gross Building SF (GSF) 140,000 250,000 Stories 4 10 Floor Plate (SF) 35,000 25,000 Floor-to-Area Ratio (FAR) 0.3 3.0 Parking Ratio (Stalls per 1,000 sf) 6 4 Surface Parking Stalls 840 - Structured Parking Stalls (prorated by total SF) - 1,000 Sources: CoStar; Informant Interviews; SB Friedman CHALLENGES TO DEVELOPMENT While there is countywide development potential for new office development, research and informant interviews have indicated that there are material barriers to new office development and attraction of Target Industry tenants to Pinellas County. These challenges include competition with other southeastern United States markets such as Charlotte, Nashville and Raleigh-Durham, the presence of obsolete office buildings, limited land and infrastructure availability, and financial feasibility for new office development. 1) Competition Pinellas County municipalities compete regionally and nationally for office tenants in Target Industries. The County’s ability to attract these tenants is driven by site selection criteria including accessibility and infrastructure, a business-friendly environment, appropriate talent/labor force, incentives, consolidation efforts, and quality of life. Cities throughout the Southeast region have successfully attracted new office development and Target Industry relocations. Incentives used to attract larger Target Industry headquarter relocations throughout the Southeast region have focused primarily on job-based incentive tools. These incentives are typically paid directly to the corporation relocating based on the number of jobs created, and are generally provided by the state. Our case study research indicated that incentives to support real estate development are not widely utilized. Other, more established office markets throughout the Southeast region with more available land and office space, appear to focus on using incentives to attract end users/corporations. However, given the lack of available Class A space, Pinellas County must first incentivize real estate development to attract Target Industry tenants. Once there are available spaces, available state-level incentives may be further leveraged to attract tenants. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 5 2) Presence of Obsolete Buildings In addition to limited new Class A office space being delivered, the existing office building stock within the county does not meet the desired building specifications of prospective office tenants looking to locate to the Tampa-St. Petersburg-Clearwater region. Data from CoStar and informant interviews indicated that on average, suburban office buildings within the county are older, smaller, and contain less parking than the new Office Development Prototypes, as shown in Table 2. Existing urban office buildings within the county also showed similar characteristics for building age, building size and on-site parking. Extraordinary costs associated with rehabilitating obsolete buildings in order to meet the desired building characteristics of prospective office tenants may further challenge the County’s ability to attract Target Industry tenants. Table 2: Existing Office Building Stock and Office Development Prototypes Comparison – Pinellas County Suburban-Format Office Urban-Format Office Existing Prototype Existing Prototype Location Greater Gateway --- Downtown St. Petersburg --- Class 35% A; 55% B; 10% C Class A 30% A; 40% B; 30% C Class A Average Building Age 28 years New Construction 55 years New Construction Average Building SF 90,000 SF 140,000 SF 100,000 SF 250,000 SF Typical Floor Plate 36,000 SF 35,000 SF 18,000 SF 25,000 SF Stories 3 4 8 10 Parking Ratio 3.4/1,000 SF 6/1,000 SF 2.6/1,000 SF 4/1,000 SF Acres 10 acres 10 acres 2 acres 2 acres Building Materials Masonry, Steel, Reinforced Concrete Sources: CoStar; Informant Interviews; SB Friedman 3) Available Land and Infrastructure New office development in the county may be challenged by limited available land and infrastructure. According to previous research conducted on behalf of the County, land suitable for industrial and office development is limited and threatened with conversion to other land uses such as retail and residential. One study also found that more land is needed for Target Industry job growth than is currently available. Thus, it is necessary to maintain existing land resources and encourage more intense use of land. Informant interviews also indicated a need for improved infrastructure to meet the needs of modern office users. Examples include additional power, stormwater detention and high-speed internet. Pinellas by Design, an economic development and (re)development study completed in 2005, identified the costs associated with removing obsolete infrastructure and replacing it with new infrastructure as a challenge for redevelopment sites. Additionally, other studies indicated that the County has a good local transportation network, but there is still a need for roadway and public transit investments. 4) Financial Feasibility Given current market conditions, new office development may not be financially feasible in the near term. A high-level assessment of financial feasibility suggests that urban-format office space with structured parking is likely not financially feasible in the near term, primarily due to construction costs associated with structured parking. Suburban-format office space is likely closer to financially feasible, depending on land costs and the presence of extraordinary development costs. This analysis is sensitive to a number of variables including DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 6 construction costs per square foot, level of tenant build-out, rents, and capitalization rates. To the extent that there are additional extraordinary development costs, financial feasibility will be further challenged. CONCLUSIONS Greater Gateway is the largest Class A suburban office market in the Tri-County region, while Downtown St. Petersburg is a re-emerging Class A urban office market. There may be demand for nearly 4.0 million SF of net new office development through 2040. However, the ability of the County to attract new Target Industry employers may be limited by competition throughout the Tri-County region and other southeastern United States markets, the presence of obsolete buildings that do not meet the desired building specifications of modern users, limited available land and infrastructure, and financial feasibility. Class A office will likely follow existing locational patterns with preference for walkable, mixed-use environments in both suburban-format and urban-format office development. Development would likely be build-to-suit in the Gateway while some speculative office may be constructed in St. Petersburg. Funds from the Penny IV Economic Development Program could be used to address the identified challenges that prevent or limit economically beneficial real estate (re)development from occurring through strategic investment in capital projects for economic development. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 7 3. Industrial Market Assessment - Key Findings SB Friedman also conducted various real estate market analyses to assess the potential for future industrial development within Pinellas County and identify barriers to industrial development. The findings of these market analyses illustrate the competitive position of the County relative to neighboring jurisdictions and inform the Penny IV Economic Development Program Guidelines. COMPETITIVE SUPPLY Overall, there is approximately 188.4 million SF of industrial space in the Tri-County region concentrated in four submarkets; South Pinellas, East Side, Westshore/Airport and East Hillsborough/Plant Road. The South Pinellas industrial submarket is the largest submarket with nearly 56.4 million SF. The East Side submarket comprises the largest distribution cluster likely due in part to its location near the Tampa CSX Intermodal), while the South Pinellas submarket is the largest manufacturing cluster in the region. East Hillsborough/Plant Road is an emerging industrial cluster, building on its key location along Interstate-4. South Pinellas Submarket The South Pinellas submarket comprises approximately 56.4 million SF of existing industrial space, concentrated in four primary clusters: Gateway, 62nd Avenue, Pinellas Park/North St. Petersburg, and St. Petersburg. Overall, the South Pinellas submarket has a strong industrial presence with 95% occupancy. As a major manufacturing cluster, key industries within the submarket include: Advanced Manufacturing, Aviation and Aerospace, Business and Financial Services, Defense and Homeland Security, Information Technology, and Life Sciences and Medical Technology. Nearly 1.4 million SF (2.5% of South Pinellas’ total supply) has been constructed since 2010. Eleven buildings are either proposed or currently under construction (approximately 1.1 million SF), of which eight are located within the Gateway cluster. North Pinellas Submarket There is approximately 13.8 million SF of industrial space within the North Pinellas submarket. Although there are relatively high occupancy rates (98% occupied) within this submarket, the existing industrial building stock is primarily older, smaller legacy warehouse space. These buildings are primarily concentrated in four clusters located in Oldsmar, Tarpon Springs and Clearwater. There has been limited new construction with roughly 25,000 SF built since 2010 (0.2% of North Pinellas’ supply). There is currently one building proposed (approximately 6,700 SF) and none are under construction. DEVELOPMENT POTENTIAL Overall, SB Friedman projects demand for 10.0 million SF of net new industrial development within Pinellas County between 2020 and 2040. This is a preliminary forecast that is largely dependent on various factors, including broader economic conditions or cycles (e.g., macroeconomic changes or “redevelopment/infill environment” cycling), land limitations/site assembly complications, intensification of improved sites and/or rehabilitation of existing buildings, and the level of public financial intervention. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 8 REGIONAL TRENDS Within the regional industrial market, there has been approximately 9.2 million SF of new industrial space delivered since 2010. Much of this industrial development activity has occurred in eastern submarkets with land availability and access to major throughways, namely in the East Hillsborough/Plant Road and East Side submarkets. DEVELOPMENT PROTOTYPES SB Friedman created development prototypes for warehouse, distribution, flex and manufacturing industrial buildings to identify the typical building profile for Target Industry industrial tenants. Using CoStar, the prototypes were constructed based on typical characteristics of recently delivered and under-construction industrial buildings within the region. Because Target Industry employers in industrial sectors would most likely locate in newer, flex industrial or manufacturing buildings, SB Friedman prioritized these two building types for further analysis (“Industrial Development Prototypes”). Table 3 summarizes the key characteristics for these prototypes. Table 3: Industrial Development Prototypes – Pinellas County Flex Industrial Manufacturing Industrial DEVELOPMENT CHARACTERISTICS Gross Land Area (acres) 6 11 Gross Building SF (GSF) 50,000 100,000 Stories 1 1 Floor Plate (SF) 50,000 100,000 Floor-to-Area Ratio (FAR) 0.2 0.2 Parking Ratio (Stalls per 1,000 sf) 1 1 Surface Parking Stalls 70 120 Structured Parking Stalls (prorated by total SF) - - Sources: CoStar; Informant Interviews; SB Friedman CHALLENGES TO DEVELOPMENT While there is countywide development potential for new industrial development, research and informant interviews have indicated that there are material barriers to new industrial development and attraction of Target Industry tenants to Pinellas County. Challenges to future industrial development include competition with other southeastern United States markets such as Charlotte, Nashville and Raleigh-Durham, the presence of obsolete industrial buildings that do not meet the physical space requirements of modern users, limited land and infrastructure availability, and financial feasibility for new industrial development. 1) Competition Municipalities in Pinellas County compete regionally and nationally for industrial tenants in Target Industries. The County’s ability to attract these tenants is driven by accessibility and infrastructure, a business-friendly environment, talent/labor force, quality of life, incentives, consolidation efforts, facilities and available real estate, and proximity to supplier base. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 9 SB Friedman researched recent industrial development, similar to what is sought by Pinellas County, to identify incentives and tools being utilized by other public entities. Cities throughout the southeastern United States have been successful in attracting new industrial development. Observed public-private partnership tools and incentives for industrial development in that region include incentives for jobs and improvements to real estate. County, and local assistance were primarily used for acquisition, site improvements and/or tax relief. Pasco County has used their 1% sales tax (“Penny for Pasco”) to attract industrial development, and applies 20% of its Penny for Pasco proceeds to economic development and job creation. The proceeds have supported jobs-based assistance, permitting and impact fee relief, worker training, and road construction. They have also been used to match the Florida Qualified Target Industry Tax Refund Program. Incentives for industrial development vary based on need and challenges to development. Penny IV funds could be used to support extraordinary capital costs prohibiting industrial (re)development in Pinellas County. 2) Presence of Obsolete Buildings The existing industrial building stock within the county does not currently meet the needs of Target Industry employers. Data from CoStar and informant interviews indicated that on average, flex industrial buildings within the county are older, smaller, have lower ceiling heights, and contain fewer loading docks and parking spaces than the Industrial Development Prototypes, as shown in Table 4. Manufacturing industrial buildings within the county also showed similar characteristics regarding building age, building sizes, loading docks and ceiling heights. Constructing and/or rehabilitating industrial buildings to today’s standards may also limit building sizes due to stormwater requirements, which would require additional detention and likely reduce industrial floor to area ratios. The extraordinary costs associated with rehabilitating older, obsolete buildings to meet the desired building specifications and requirements may limit future investments. Table 4: Existing Industrial Building Stock and Industrial Development Prototypes Comparison – Pinellas County Flex Manufacturing Existing Prototype Existing Prototype Location Pinellas County --- Pinellas County --- Average Building Age 43 years New Construction 30 years New Construction Average Building SF 15,000 SF 50,000 SF 62,000 SF 100,000 SF Loading Docks 3 5 6 10 Ceiling Height Range 18-20 feet 18-24 feet 16-18 feet Varies; up to 36 feet Parking Ratio 2.2/1,000 SF 5.0/1,000 sf 1.4/1,000 SF 1.3/1,000 SF Acres 5 acres 6 acres 6 acres 12 acres Building Materials Masonry, Metal Masonry, Metal, Reinforced Concrete Sources: CoStar; Informant Interviews; NAIOP, the Commercial Real Estate Development Association; Real Estate Center; SB Friedman; Urban Land Institute 3) Available Land and Infrastructure New industrial development in the county may be challenged by limited available land and infrastructure. According to previous research conducted on behalf of the County, land suitable for industrial and office development is limited and threatened with conversion to other land uses such as retail and residential. One study also found that more land is needed for Target Industry job growth than is currently available. Thus, it is necessary to maintain existing land resources and encourage more intense use of land. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 10 Informant interviews also indicated a need for improved infrastructure to meet the needs of modern industrial users. Examples included additional power, stormwater detention and high-speed internet. Pinellas by Design identified the costs associated with removing obsolete infrastructure and replacing it with new infrastructure as a challenge for redevelopment sites. Additionally, other studies indicated that the County has a good local transportation network, but there is still a need for additional roadway and public transit investments. 4) Financial Feasibility Given current market conditions, new industrial development may not be financially feasible, depending on land price. A high-level assessment of financial feasibility for the Industrial Development Prototypes suggests that the projected market values of new flex and manufacturing industrial buildings within the county may not cover the land purchase price. This analysis is sensitive to a number of variables including construction costs per SF, level of tenant build-out, rents, and capitalization rates. CONCLUSIONS South Pinellas is the largest industrial submarket in the region and comprises the largest stock of manufacturing space. There may be demand in the county for nearly 10.0 million square feet of net new industrial development through 2040. The ability to attract new Target Industry employers to Pinellas County may be limited by competition throughout the region and nation, the presence of obsolete buildings that do not meet the needs of modern users, available land and infrastructure, and financial feasibility. Target Industry employers in industrial sectors seek to locate in newer flex industrial or manufacturing buildings. With limited site availability, land assembly would likely be required to accommodate any significant scale of development. The opportunity to demolish and consolidate parcels to develop larger industrial buildings may be limited by financial feasibility due to lower rents and high construction costs. In addition, constructing and/or rehabilitating industrial buildings to today’s standards may limit building footprints due to stormwater requirements, which would require additional detention and likely reduce industrial floor to area ratios. Penny IV Economic Development funds could be used to address identified challenges that prevent or limit economically beneficial real estate (re)development from occurring through strategic investment in capital projects. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 11 4. Office Market Assessment Methodology This chapter of the report provides an overview of the methodology used in conducting the office market assessment. Existing Conditions OVERVIEW To understand the presence and spatial distribution of office buildings in the Tri-County region, SB Friedman created maps, using Esri Geographic Information System (GIS) software, that illustrated existing, under- construction and proposed competitive buildings. Generally, CoStar tracks higher-quality office space (Class A or Class B). SUBMARKET ANALYSIS SB Friedman analyzed data from CoStar to evaluate historic trends for office buildings at the submarket level, including total square footage by class. The analysis focused on Class A office space as Targeted Industry employers would likely occupy these spaces. Office submarkets were predefined by CoStar. For the purposes of this study, Greater Gateway includes the Gateway and Bayside submarkets. Pinellas County has two primary Class A office submarkets: Greater Gateway and Downtown St. Petersburg. Using CoStar data, subarea maps were created to identify spatial distribution of Class A office clusters within each submarket. SB Friedman also reviewed CoStar data to estimate the total rentable building area within each submarket, identify recent developments, and track projects that are proposed or under construction. Class A buildings are generally more suitable for Target Industry employers and typically fall into two typologies: urban-format or suburban-format. SB Friedman reviewed historical analytics data from CoStar for a subset of urban and suburban submarkets within the Tri-County region. Urban submarkets include: Downtown St. Petersburg, Downtown Tampa and Westshore. Suburban markets include Bayside, East Tampa, Gateway, Northeast Tampa and Northwest Tampa. SB Friedman reviewed historical vacancy and rent trends from 2006 through 2019. Development Potential EMPLOYMENT Employment is a key driver of office development, thus SB Friedman analyzed historic and 30-year projected employment growth by North American Industry Classification System (NAICS) code within Pinellas County using data from Moody’s Analytics. For the analysis, office employment was defined as the employment in the following office sectors (“Office Sectors”):  Professional and Business Services o Professional, scientific, and technical services (NAICS: 54) o Employment services (NAICS: 5613) DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 12 o Office administrative services (NAICS: 5611) o Business support services (NAICS: 5614)  Management of Companies and Enterprises (NAICS: 55)  Financial Activities (NAICS: 52 and 53)  Healthcare and Social Assistance o Ambulatory health care services (NAICS: 621)  Information (NAICS: 51)  Education o Colleges, universities, and professional schools (NAICS: 6113) o Business schools and computer and management training (NAICS: 6114) o Other schools and instruction (NAICS: 6117) o Educational support services (NAICS: 6118) SB Friedman assumed that office space for data processing, hosting, and related services (NAICS: 518) would be located in non-traditional office developments, such as industrial and flex properties, and deducted employment from this sector from the overall office employment counts for the County. DEMAND PROJECTIONS SB Friedman prepared top-down macro-level forecasts of office development potential for Pinellas County as a whole. A forecasting model was calibrated based on the core drivers of demand (e.g., employment). Using this model, SB Friedman projected the real estate market demand for office space, unconstrained by land, for Pinellas County through 2040. Data sources for the office demand forecast included: CoStar office development trends from 1999 to 2019 for Pinellas County, and Moody’s Analytics historical office employment data and 30-year projections for Pinellas County for the Office Sectors. The office demand forecast model assumed a terminal office vacancy rate of 10.0%, annual demolition rate of existing office buildings of 0.29% based on historical demolition rate averages, and 245 SF per employee based on current trends. Typically, SB Friedman conducts a bottom-up forecast of market potential that evaluates subareas susceptible to change within a defined area. However, this type of analysis was not contemplated as part of the current scope of work. In a substantially built-out area like Pinellas County, this approach would be useful in capping and/or focusing development potential in areas likely to be able to accommodate it. Previous studies have documented the lack of available land available for new office and industrial development. Thus, the demand projections included as part of this report represent a high-level assessment of future development potential that will be constrained by land limitations/site assembly complications and/or require intensification of improved sites and/or rehabilitation of existing buildings. Additionally, the level of public financial intervention may also affect the County’s office development potential since current rent levels may not be sufficient to support new construction, given the extraordinary costs associated with redevelopment. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 13 TRENDS AND PREFERENCES Changing Regional Trends and New Deliveries in the Region SB Friedman reviewed national and regional trends to understand the development potential and format of new office space in Pinellas County. National studies describing the changes in format and typology of office development were reviewed, including the shift from car-oriented, single land use office parks to walkable, mixed-use places. SB Friedman also considered regional dynamics, comparing the performance of suburban and urban submarkets throughout the region using data from CoStar. Suburban office submarkets within the region include Bayside, East Tampa, Gateway, Northeast Tampa and Northwest Tampa. Urban submarkets include Downtown St. Petersburg, Downtown Tampa and Westshore. SB Friedman conducted a time-series analysis of new office building deliveries by location from 1990 to present, and compared it against the location of buildings that are currently proposed and under construction to understand shifts in location preferences. Preferences for Walkable Office Environments SB Friedman reviewed national studies conducted in partnership with Smart Growth America to understand national demand for walkable office environments. This shift in preference for walkable districts is driven in part by the millennial population cohort, which according to the Pew Research Center is now the largest U.S. labor force cohort. To understand how millennials may be impacting location decisions in the region, SB Friedman analyzed population data from Esri Business Analyst and estimated the number of millennials aged 20 to 34 living within a one-mile radius of key office submarkets including Greater Gateway, Downtown St. Petersburg and Downtown Tampa. SB Friedman also reviewed national longer-term trends by life stage to illustrate when millennials would enter various future life stages, which may impact future office building locational preferences. Development Prototypes URBAN AND SUBURBAN SB Friedman created two Office Development Prototypes, one for suburban-format and one for urban-format. These prototypes were created to describe the desired format of future office buildings that may be developed in the county. SB Friedman conducted comparative analyses for suburban-format and urban-format office buildings using CoStar data for recently delivered Pinellas County office buildings (constructed after 2008), as well as office space currently under construction as of 2019. Key building specifications included: land acreage, building square footage, number of stories, typical building floor plates in SF, and number of parking spaces. These assumptions were used to calculate gross land area, total building square footages, floor plate sizes, and number of required parking spaces for each of the two Office Development Prototypes, as shown in Table 1 in Chapter 2 of this report. Challenges to Office Development DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 14 SB Friedman conducted various quantitative and qualitative analyses to understand the key challenges to attracting and retaining Target Industry employers and new office development in Pinellas County. COMPETITION SB Friedman conducted case study research to understand typical competition and key considerations regarding site selection and incentives utilized for office tenants in Target Industries. This research is based on examples of new office headquarters development since 2017 in comparable southeastern United States markets. Sources of data to understand incentivized office development across the Southeast region included media coverage, industry publications, company statements and government sources. OBSOLETE BUILDINGS To understand the extent to which the existing office building stock met the desired building specifications of modern Target Industry employers, SB Friedman assessed the physical profiles of the existing stock and compared them against the Office Development Prototypes developed in earlier analyses. We developed profiles of Pinellas County’s existing suburban-format and urban-format office developments based on average building characteristics of all buildings within the Greater Gateway. Similarly, the existing urban-format office profile is based on average building characteristics of the existing office building supply in Downtown St. Petersburg. All analyses are based on available CoStar data and informant interviews, as shown in Table 2 in Chapter 2. AVAILABLE LAND AND INFRASTRUCTURE SB Friedman did not conduct a comprehensive survey of available land and infrastructure throughout the county. Our analysis of available land and infrastructure is based on informant interviews, and previous studies and reports including:  Pinellas by Design: An Economic Development & Redevelopment Plan for the Pinellas Community (November 2005).  Target Employment and Industrial Land Study for the Pinellas Community (April 8, 2008). FINANCIAL FEASIBILITY SB Friedman developed a high-level pro forma model designed to evaluate the private sector development costs and revenues associated with the Office Prototypical Development and evaluate the financial feasibility of new construction. This model is structured as a residual land value analysis to estimate the approximate site acquisition price that a developer would be able to pay, based on the development programs depicted in the prototypical concepts, likely development costs, anticipated cash flow from operations, and typical market returns for similar development. The intent was to provide an understanding of the value of the land under alternate scenarios. The pro forma analysis includes:  Estimated net operating income (NOI) based on rents, occupancy and operating expenses (from the market assessment);  Estimated hard and soft costs of construction, as well as financing costs (based on industry standards and SB Friedman’s past experience); and  Estimated value of property based on the capitalized value of income stream. DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 15 Using the Office Development Prototypes identified in Table 1, SB Friedman compiled assumptions for development costs and cash flows. Key sources of data included RS Means (a construction cost estimate database), informant interviews, CoStar, Pinellas County Tax Collector, SB Friedman experience and other industry benchmarks. A full summary of assumptions used in the residual land value analysis can be found in Table 6. Table 7 summarizes the findings for both Office Development Prototypes. Table 6: Residual Land Value Assumptions – Office Development Prototypes in Pinellas County Suburban- Format Office Urban- Format Office Source(s) ASSUMPTIONS - DEVELOPMENT COST Hard Costs per GSF $95 $100 RS Means TI Allowances $60 $70 Informant Interviews Soft and Financing Costs, Developer Fee [1] 32% 32% RS Means; SB Friedman Hard Costs per Structured Parking Space 27,000 27,000 Informant Interviews; SB Friedman ASSUMPTIONS - CASH FLOW Annual Gross Rent per RSF $30 $34 CoStar Annual Net Parking Revenue per Stall $0 $695 Discover Downtown St. Petersburg; Informant Interviews; SB Friedman Operating Costs (% of Revenue) 30% 30% CoStar Property Taxes (per GSF) $1.30 $1.50 Pinellas County Tax Collector; SB Friedman Vacancy Loss 5% 5% SB Friedman Capitalization Rate 7.0% 7.0% RERC 4Q 2018 Going-In Cap Rate Tampa Suburban Office Table 7: Residual Land Value Analysis – Office Development Prototypes in Pinellas County Suburban-Format Office Urban-Format Office DEVELOPMENT COSTS (EXCLUDING LAND) Hard Costs (Building) $13,300,000 $25,000,000 + TI Allowance $8,400,000 $17,500,000 + Soft and Financing Costs, Developer Fee (of building only, not garage) $6,944,000 $13,600,000 + Parking Construction Costs (Structured) $0 $27,000,000 = Total Development Costs (with parking) $28,644,000 $83,100,000 Development Costs per GSF of Building (with parking) $200 $330 MARKET VALUE (Market Rate Calculations) Gross Rents/Revenues $4,200,000 $8,500,000 + Parking Revenues $0 $790,000 - Operating Costs -$1,260,000 -$2,550,000 - Parking Operating Costs $0 -$140,000 - Property Taxes -$182,000 -$375,000 - Vacancy Loss -$210,000 -$430,000 = Net Operating Income $2,548,000 $5,795,000 ÷ Capitalization Rate 7.0% 7.0% = Market Value of Project $36,400,000 $82,790,000 Market Value per GSF of Building $260 $330 AMOUNT AVAILABLE FOR LAND PURCHASE $7,756,000 -$310,000 Amount Available for Land Purchase ($ PSF) $17 -$4 DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 16 Sources: CoStar; Discover Downtown St. Petersburg; Informant Interviews; Pinellas County Tax Collector; RERC; RS Means; SB Friedman Conclusions SB Friedman’s analysis of the existing supply and conditions of office buildings in Pinellas County, projections of countywide demand, assessment of desired building typologies and specifications, and identification of challenges to new Target Industry development were utilized to inform the creation of the Penny IV Economic Development Guidelines. DRAFT SB Friedman Development Advisors 17 5. Industrial Market Assessment Methodology This chapter of the report provides an overview of the methodology used in conducting the industrial market assessment. Existing Conditions OVERVIEW To understand the spatial distribution of industrial developments in the Tri-County region, SB Friedman created maps, using Esri GIS software, that illustrated existing, under-construction and proposed competitive industrial buildings. SUBMARKET ANALYSIS SB Friedman analyzed data from CoStar to evaluate historic trends for industrial buildings at the submarket level. Submarkets are predefined by CoStar. To understand Pinellas County’s competitive position within the regional industrial submarkets, the analysis focused on distribution, manufacturing, warehouse and flex industrial spaces. Pinellas County has two primary industrial submarkets: South Pinellas and North Pinellas. Using CoStar data, subarea maps were created to identify the spatial distribution of industrial clusters within each submarket. SB Friedman also reviewed CoStar data to estimate the total rentable building area within each submarket and by building type, identify recent developments, and track projects that are proposed or under construction. Development Potential OUTPUT Industrial output is typically the key driver of industrial development. SB Friedman analyzed historic and 30- year projected industrial output growth by NAICS code within the county using data from Moody’s Analytics. For the analysis, industrial output was estimated based on output in the following industrial sectors (“Industrial Sectors”):  Construction (NAICS: 23)  Manufacturing (NAICS: 31-33)  Wholesale Trade (NAICS: 42)  Non-Store Retailers (NAICS: 454)  Transportation and Warehousing (NAICS: 48-49)  Data Processing, Hosting, and Related services (NAICS: 518) DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 18 DEMAND PROJECTIONS SB Friedman prepared top-down macro-level forecasts of industrial development potential for Pinellas County as a whole. A forecasting model was calibrated based on the core drivers of demand (e.g., industrial output). Using this model, SB Friedman projected the real estate demand for industrial space, unconstrained by land, for Pinellas County through 2040. Data sources for the industrial demand forecast included: CoStar industrial development trends from 1999 to 2017 for Pinellas County, and Moody’s Analytics historical industrial output data and 30-year projections for Pinellas County for the Industrial Sectors. Industrial output was assumed to grow by an annual rate of 2.89%, which reflects national and countywide historical CAGRs for industrial output. The industrial demand forecast model assumed a terminal industrial vacancy rate of 4.5%, annual demolition rate of existing industrial buildings of 0.2% based on historical demolition rate averages, and a terminal industrial output of $270,000 per 1,000 square feet of industrial space. Typically, SB Friedman conducts a bottom-up forecast of market potential that evaluates subareas susceptible to change within a defined area. However, this type of analysis was not contemplated as part of the current scope of work. In a substantially built-out area like Pinellas County, this approach would be useful in capping and/or focusing development potential in areas likely to be able to accommodate it. Previous studies have documented the lack of available land available for new industrial development. Thus, the demand projections included as part of this report represent a high-level assessment of future development potential that will be constrained by land limitations/site assembly complications and/or require intensification of improved sites and/or rehabilitation of existing buildings. Additionally, the level of public financial intervention may also affect the County’s industrial development potential since current rent levels may not be sufficient to support new construction, given the extraordinary costs associated with redevelopment. CHANGING REGIONAL TRENDS AND NEW DELIVERIES IN THE REGION SB Friedman also considered regional dynamics, comparing the performance of submarkets throughout the Tri-County region using data from CoStar. Industrial submarkets within the region with the most building square footage and new construction activity include East Hillsborough/Plant Road, East Side, South Pinellas, and the Westshore/Airport submarkets. Using CoStar data, SB Friedman identified new industrial developments constructed since 2010 based on development type in the region, as well as proposed and under-construction developments within the aforementioned key industrial submarkets. Development Prototypes INDUSTRIAL PROTOTYPES SB Friedman created development prototypes for warehouse, distribution, flex and manufacturing industrial developments based on characteristics of newer industrial buildings. These prototypes were created to describe the desired format of future industrial buildings that may be developed in the county. Using CoStar data, SB Friedman conducted comparative analyses for each industrial building type for recently delivered Pinellas County industrial products (constructed after 2008), as well as industrial space currently under construction (as of 2019). Key specifications drawn from the CoStar data included parcel acreage, building DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 19 square footage, typical building floor plates in SF, number of parking spaces, ceiling heights, column spacing, and number of loading docks. These specifications were used to calculate gross land area, total building square footages, floor plate sizes, and number of required parking spaces. SB Friedman identified flex and manufacturing industrial spaces as priority typologies for additional analyses. It was assumed that industrial Target Industry employers would be more likely to locate in these spaces and have flexible locational preferences, compared to warehouse and distribution businesses, which rely heavily on locations that are adjacent to major transportation throughways. Using the aforementioned specifications, Industrial Development Prototypes for flex and manufacturing industrial spaces were created and utilized in subsequent analyses. Challenges to Industrial Development SB Friedman conducted various quantitative and qualitative analyses to understand the key challenges to attracting Target Industry employers and new industrial development in Pinellas County. COMPETITION SB Friedman conducted case study research to understand typical competition and key considerations regarding site selection and incentives utilized for industrial tenants in Target Industries. This research is based on examples of new industrial headquarters development since 2017 in comparable southeastern United States markets. Sources of data to understand incentivized industrial development across the Southeast region included media coverage, industry publications, company statements and government sources. OBSOLETE BUILDINGS To understand the extent to which the existing industrial building stock met the needs of modern Target Industry industrial employers, SB Friedman developed physical profiles of the existing stock and compared them against the Industrial Development Prototypes created in earlier analyses. Existing profiles were based on average characteristics of all flex and manufacturing industrial spaces within the county. All analyses were primarily based on CoStar data and informant interviews, as shown in Table 3 in Chapter 3 of this report. AVAILABLE LAND AND INFRASTRUCTURE SB Friedman did not conduct a comprehensive survey of available land and infrastructure throughout the county. Our analysis of available land and infrastructure is based on informant interviews, and previous studies and reports including:  Pinellas by Design: An Economic Development & Redevelopment Plan for the Pinellas Community (November 2005).  Target Employment and Industrial Land Study for the Pinellas Community (April 8, 2008). FINANCIAL FEASIBILITY SB Friedman developed a high-level pro forma model designed to evaluate the private sector development costs and revenues associated with the prototypical development concepts and evaluate the financial feasibility of new construction. This model is structured as a residual land value analysis to estimate the approximate site DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 20 acquisition price that a developer would be able to pay based on: the specific development programs depicted in the prototypical concepts, likely development costs, anticipated cash flow from operations, and typical market returns for similar development. The intent was to provide an understanding of the value of the land under alternate scenarios. The pro forma analysis includes:  Estimated net operating income (NOI) based on rents, occupancy and operating expenses (from market assessment);  Estimated hard and soft costs of construction, as well as financing costs (based on industry standards and SB Friedman’s past experience); and  Estimated value of property based on the capitalized value of income stream. Using the development prototypes identified in Table 3, SB Friedman compiled assumptions for development costs and cash flows. Key sources of data included RS Means, informant interviews, CoStar, Pinellas County Tax Collector, SB Friedman experience and other industry benchmarks. A full summary of assumptions used in the residual land value analysis can be found in Table 8. Table 9 summarizes the residual land value analysis findings for both Industrial Development Prototypes. Table 8: Residual Land Value Assumptions – Industrial Development Prototypes in Pinellas County Flex Manufacturing Source(s) ASSUMPTIONS – DEVELOPMENT COST Hard Costs per GSF $75 $69 RS Means[1] TI Allowances $40 - RS Means; SB Friedman Soft and Financing Costs, Developer Fee [1] 32% 32% SB Friedman ASSUMPTIONS – CASH FLOW Annual Gross Rent per RSF $30 $34 CoStar Operating Costs (% of Revenue) 30% 30% RS Means; SB Friedman Vacancy Loss 5% 5% SB Friedman Capitalization Rate 7.0% 7.0% RERC 4Q 2018 Going-In Cap Rate Tampa Suburban Office[1] [1] Assumes weighted average between suburban office and manufacturing assumptions DRAFT Pinellas County / Economic Development Methodology Report SB Friedman Development Advisors 21 Table 9: Residual Land Value Analysis – Industrial Development Prototypes in Pinellas County Flex Manufacturing DEVELOPMENT COSTS (EXCLUDING LAND) Hard Costs (Building) $3,760,000 $6,920,000 + TI Allowance $500,000 $0 + Soft and Financing Costs, Developer Fee (building only, not garage) $1,363,200 $2,214,400 = Total Development Costs (with parking) $5,623,200 $9,134,400 Development Costs per GSF of Building (with parking) $110 $90 MARKET VALUE (Market Rate Calculations) Gross Rents/Revenues $550,000 $800,000 - Operating Costs $0 $0 - Parking Operating Costs $0 $0 - Property Taxes $0 $0 - Vacancy Loss -$30,000 $40,000 = Net Operating Income $520,000 $760,000 ÷ Capitalization Rate 7.0% 6.75% = Market Value of Project $7,430,000 $11,260,000 Market Value per GSF of Building $150 $110 AMOUNT AVAILABLE FOR LAND PURCHASE $1,806,800 $2,125,600 Amount Available for Land Purchase ($ PSF) $7 $4 Sources: CoStar; Informant Interviews; NAIOP, the Commercial Real Estate Development Association; Real Estate Center; SB Friedman; Urban Land Institute Conclusions SB Friedman’s analysis of the existing supply and conditions of industrial buildings in Pinellas County, projections of countywide industrial demand, assessment of desired building typologies and specifications, and identification of challenges to new Target Industry development were utilized to inform the creation of the Penny IV Economic Development Guidelines. DRAFT SB Friedman Development Advisors 22 Appendix A: Economic Development Capital Projects Market Study DRAFT Summary Report | December 19, 2019 Economic Development Capital Projects Market Study PINELLAS COUNTY DRAFT SB Friedman Development Advisors OBJECTIVE Goal: Build on previous work completed and conduct various analyses to inform policy regarding the deployment of Penny IV funds for economic development capital projects. There have been a series of studies regarding economic development and redevelopment over the past two decades. It is clear that Target Industry Development and primary high-wage job creation is the County’s primary goal, and there appears to be a lack of office and industrial space to accommodate these primary employers. There is a need for a document to summarize this background and identify the barriers to office and industrial development and types of solutions needed in order to implement a capital program to address this. The Consultant conducted real estate market analyses to assess the potential for industrial and office development in the County and conduct research to identify barriers to development. Findings of the evaluation will help support a deeper understanding of the competitive position of Pinellas County relative to other jurisdictions. This research will be used to inform the subsequent guidelines to be used to identify Penny IV capital projects that will produce “shovel-ready” or “improved and approved” sites and other assets for Target Industry employers. 2 DRAFT ECONOMIC DEVELOPMENT GOALS DRAFT SB Friedman Development Advisors <150 <350 350+ Focus on Target Industries County’s Primary Economic Development Goal The County’s economic development goal is to attract and retain jobs that pay an above-average salary in Target Industries According to Pinellas by Design, growth should come from: Sectors that generate the highest possible wages Export-oriented industry with 51% of product sold outside Pinellas (preferably FL) Sectors that have the potential to attract or create additional high-wage businesses Employers that use available real estate efficiently given land constraints PCED Target Industries include: Aviation and Aerospace Financial Services Information Technology Medical Technologies and Life Sciences Microelectronics Defense and National Security Interpretation –Key County targets are large-scale users 4 FIRMS BY EMPLOYEE COUNT (50+) ADVANCED MANUFACTURING1 PROFESSIONAL SERVICES2 TARGET INDUSTRY EMPLOYERS IN PINELLAS COUNTY 1 Includes “Aviation and Aerospace”, “Medical Technologies and Life Sciences”, “Microelectronics”, and “Defense and National Security”2 Includes “Financial Services”, and “Information Technology” Source: Esri; SB Friedman DRAFT SB Friedman Development Advisors There is significant competition for Target Industry jobs High-wage, export-oriented jobs are sought after by communities nationwide PCED works directly with existing businesses to encourage expansion and seeks to attract new companies with high-wage careers Primarily focused on business development by supporting end users and small businesses County’s 2017 Compete Now report found Pinellas’ “base" incentives program to be broadly competitive with those in competitive communities, but that the County was missing some more aggressive tools “Base” incentives were considered comparable to competing markets and included property tax abatements; expedited permits and waived/reimbursed permit fees; and local workforce development support Incentives did not include more aggressive assistance types including free or reduced-price land or rent, infrastructure investment, building improvements or direct financial assistance (i.e., cash grants, forgivable loans), which are available elsewhere Penny IV is an opportunity to provide an additional source of funds to support office and industrial development that attracts high-wage jobs 5 DRAFT SB Friedman Development Advisors Broad policy guidance Penny IV: Expanded to support economic development 4.15% of Penny IV funds are allocated to economic development Resolution passed in August 2017 states: Funds are to be “deposited into a trust fund within the county's accounts for the purpose of funding capital projects supporting economic development which have a general public purpose of improving the local economy” Interlocal agreements signed in November 2017 supports: the use of Penny Economic Development funds specifically for “capital projects that support job retention and creation” Penny for Economic Development Guidelines: Opportunity to build on County economic development goals and market trends to craft policy that focuses Penny IV funds appropriately 6 DRAFT SB Friedman Development Advisors When we talk about creating more Target Industry jobs, we talk about creating more real estate development OFFICE Financial Services Information Technology Market analysis assessed current market trends related to corporate Class A office space INDUSTRIAL Aviation and Aerospace Medical Technologies and Life Sciences Microelectronics Defense and National Security Market analysis assessed current trends related to all industrial typologies 7 Source: Young-Rainey STAR CenterSource: Raymond James DRAFT OFFICE MARKET ASSESSMENT DRAFT SB Friedman Development Advisors The region’s Class-A office product is distributed throughout the region, with clustering in seven major Class-A office submarkets Source: CoStar, ESRI EXISTING CONDITIONS: Competitive Class-A Supply GREATER GATEWAY DOWNTOWNTAMPA WESTSHORE DOWNTOWNST. PETERSBURG EASTTAMPA NORTHEASTTAMPA NORTHWESTTAMPA Less than 25,000 25,000 –100,000 100,000 –250,000 More than 250,000 Rentable Building Area (SF) 8.2M 4.7M 1.5M 4.1M 3.7M 5.7M 1.7M 9.5M 7.8M 9.8M 6.9M 7.2M 4.5M 2.4M 0 2M 4M 6M 8M 10M 12M 14M 16M 18M 20M Westshore Greater Gateway Northwest Tampa Northeast Tampa East Tampa Downtown Tampa Downtown St. Petersburg Office SF by Class and Submarket Class A All Other Classes Source: CoStar, ESRI; SB Friedman 9 Note: Includes Class A office and rest of office classes, 2019 YTD. Submarket mane and boundary as defined by CoStar. Downtowns defined by Central Business District (CBD). Greater Gateway includes Gateway and Bayside submarkets Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors Source: CoStar, ESRI, SB Friedman Greater Gateway is the County’s premier suburban office submarket EXISTING CONDITIONS: Pinellas County Submarkets 10 Greater Gateway There are 12.5M SF of office within the Greater Gateway submarket, including 4.7M SF of Class-A building Approximately 800,000 SF has been built since 2010 255,000 SF for Pinch-a-Penny in 2011 300,000 SF for BayCare Health System Phase I & 2 (two buildings) 220,000 SF for American Strategic Insurance (two buildings) 26,000 SF for Neighborly Care Network HQ Over 250,000 SF of office is currently proposed and/or under construction within the submarket Major office clusters include: Carillon Office Park Roosevelt/Gandy Cluster Bay Vista Office Park ICOT Center Business Park BAY VISTAOFFICE PARK CARILLONOFFICE PARK ICOT CENTER BUSINESS PARK ROOSEVELT/GANDY CLUSTER Class A Office Under Construction or Proposed Building Attribute Less than 10,000 10,000 –25,000 25,000 –50,000 50,000 –100,000 More than 100,000 Rentable Building Area (SF) DRAFT SB Friedman Development Advisors Downtown St. Petersburg is the County’s emerging urban Class-A office submarket EXISTING CONDITIONS Pinellas County Submarkets 11 St. Petersburg Office Market There are 4.1M SF of office within the St. Petersburg submarket, including 1.7M SF of Class-A building There has been no new Class A construction in downtown St. Petersburg since 2009 Approximately 400,000 SF has been built since 2000 Duke Energy Building (formerly Progress Energy) Signature Place Recent purchase by Feldman of 17-story Morgan Stanley Tower Over 380,000 SF of office is currently proposed within the submarket Major office concentrations include: Edge District -Lower-rise office along Central Ave. Downtown St. Petersburg -Larger scale, high-rise format in eastern portion Decreasing scale moving westward Innovation District –Larger scale health care facilities and campus for the University of South Florida, St. Petersburg Small-scale office is distributed throughout submarket Class A Office Proposed Building Attribute Less than 10,000 10,000 –25,000 25,000 –50,000 50,000 –100,000 More than 100,000 Rentable Building Area (SF) EDGE DISTRICT DOWNTOWN ST. PETE INNOVATION DISTRICT Source: CoStar, ESRI, SB Friedman DRAFT SB Friedman Development Advisors EXISTING CONDITIONS: Urban Versus Suburban Class A Trends 12 Note: Includes Class A, through 2019. Submarket name and boundary as defined by CoStar.Urban includes the following submarkets: Downtown St. Petersburg, Downtown Tampa, Westshore.Suburban includes the following submarkets: Bayside, East Tampa, Gateway, Northeast Tampa, Northwest TampaSource: CoStar, SB Friedman 0.0% 10.0% 20.0% 30.0% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 VACANCY Suburban Urban $25.78 $34.73 $0.00 $7.00 $14.00 $21.00 $28.00 $35.00 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 GROSS RENT -DIRECT Suburban Urban Class-A office in both urban and suburban markets are highly occupied Urban markets are outperforming suburban markets in rent, commanding approximately $9 more per square foot (35% more) DRAFT SB Friedman Development Advisors 86,567 143,889 168,214 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 19961998200020022004200620082010201220142016201820202022202420262028203020322034203620382040Pinellas County Office Employment Pinellas County Moody’s office sector data for Pinellas County indicate that the office sector represents nearly 144,000 jobs in 2019 Over 57,000 jobs were added in Pinellas County from 1996 to 2019 (2.23% CAGR) Finance, Insurance, and Real Estate (FIRE) sector is projected to increase by approximately 9,800 jobs (1.20% CAGR) by 2040 Moody’s projects an estimated 24,000 additional office jobs through 2040 (0.75% CAGR) DEVELOPMENT POTENTIAL: Pinellas County Employment 13 17% 28%32% 15% 5%3% Pinellas County Office Employment Sectors - 2019 1996 –2019: 2.23% CAGR 2019 –2040: 0.75% CAGR Note: Striped bar indicates net job loss between 2019 and 2040 Source: Moody's Analytics; SB Friedman - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 Professional and Business Services Health Care and Social Assistance FIRE Management of Companies and Enterprises Information Education Future Job Growth by Office Sector 2019 Jobs New net jobs by 2040 DRAFT 0 5 10 15 20 25 30 35 40 45 50 2020 2040MillionsPinellas County Occupied & Total Office RBA Occupied Vacant 3.8M SF of net new office development projected in the County between 2020-2040 Drivers/Assumptions of Projections •Moody’s office sector employment projections through 2040 •24,000 new office employees •Assumes a decrease in office space per employee over time (245 SF/employee) •Assumes demolition of 0.3% annually, or 3.1M SF of existing space (based on historic 20-year average) •Assumes an average vacancy of 10.0% by 2040 (based on historic 20-year average) This is a preliminary forecast that is largely dependent on various factors, including: •Broader economic conditions or cycles: Macroeconomic or “redevelopment/infill environment” cycling •Land limitations/site assembly efforts •Intensification of existing space or upcycling product •Level of public financial intervention 14 3.8M SF Net New Office Development 2020-2040 42.0M SF 45.8 SF DEVELOPMENT POTENTIAL:Projected Office Demand Note: Striped bar indicates net job loss between 2019 and 2040 Source: CoStar; Moody's Analytics; SB Friedman DRAFT SB Friedman Development Advisors Less than 25,000 25,000 –100,000 100,000 –250,000 More than 250,000 Rentable Building Area (SF) 0 2.0M 4.0M 6.0M 8.0M 10.0M 12.0M 14.0M Westshore Downtown Tampa East Tampa Greater Gateway Northeast Tampa Northwest Tampa Downtown St Petersburg Class A Office by Submarket and Year Built (SF) Pre-2010 Post-2010 Under Construction/Proposed Westshore is the largest office submarket and has the most development either proposed or under construction Note: Includes Class A office and rest of office classes, 2018 YTD. Submarket name and boundary as defined by CoStar. Greater Gateway includes Gateway and Bayside submarkets. Source: CoStar; SB Friedman DEVELOPMENT POTENTIAL:Recent Development Trends Under Construction or Proposed Before 2010 2010 and After Year Built GREATER GATEWAY WESTSHORE DOWNTOWNST. PETERSBURG EASTTAMPA NORTHEASTTAMPA NORTHWESTTAMPA DOWNTOWNTAMPA 15 Source: CoStar, ESRI, SB Friedman DRAFT SB Friedman Development Advisors DEVELOPMENT POTENTIAL:Changing Regional Trends 16 Trends shifting from car-oriented, single use business parks to walkable, vibrant and mixed-use places Decline in suburban office construction both nationally and regionally NATIONALLY… National Suburban Office Deliveries Source: CBRE Econometric Advisors, The Wall Street Journal REGIONALLY…New Suburban Office Deliveries in the Tampa/St. Petersburg Region [1][2] [1] Includes only Class A deliveries[2] Suburban totals calculated using the following competitive submarkets: Bayside, East Tampa, Gateway, Northeast Tampa, Northwest Tampa Source: CoStar, SB Friedman Long Run Average (1997-2019): 490,000 SFMSF 0.0 0.5 1.0 1.5 2.0 2.5 199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019DRAFT SB Friedman Development Advisors DEVELOPMENT POTENTIAL: New Deliveries in the Region 17 Regionally, urban submarkets are capturing the vast majority of new office construction Over the last decade, suburban submarkets in the region have captured 73% of the new office deliveries, primarily in the East Tampa, Gateway, and Northwest Tampa submarkets Several proposed and under-construction developments are located in walkable and/or mixed-use areas, including Heights Union near the Riverwalk, Water Street in Downtown Tampa and Echelon City Center in St. Petersburg [1] Includes only Class A deliveries[2] Suburban includes deliveries in Bayside, East Tampa, Gateway, Northeast Tampa, Northwest Tampa submarkets[3] Urban includes deliveries in Downtown St. Petersburg, Downtown Tampa, and Westshore submarkets Source: CoStar, SB Friedman OFFICE DELIVERIES BY DECADE 53%80%82% 47%20%18% Heights Union, Tampa 37% 63%73%29% 27%71% Echelon City Center, St. Petersburg 1990-1999 2000-2009 2010-2019 Under Construction and Proposed Suburban Urban 66%63%73%29% 34%37%27%71% DRAFT SB Friedman Development Advisors A study in partnership with Smart Growth America indicated that…DEVELOPMENT POTENTIAL: Walkable Office Environments 18** Includes walkable suburbs and excludes New York City RENT PREMIUMS OF THIS SCALE SUGGEST PENT-UP DEMAND FOR WALKABLE URBAN OFFICE SPACE WALKABLE** OFFICE RENTS ACHIEVE A 44 PERCENT PREMIUM OVER DRIVABLE SUBURBAN OFFICE RENTS IN THE 30 LARGEST METROS DRAFT SB Friedman Development Advisors St. Petersburg CBD: 1-mile Radius Carillon: 1-mile Radius Millennials (Ages 20 - 34) Rest of Population Locational preferences of millennials are influencing corporate office location decisions In 2015, Millennials surpassed Gen Xers as the largest generation in U.S. labor force Millennials have a clear preference for mixed-use walkable environments 4,434 millennials 25% of total pop. 1,147 millennials 25% of total pop. Source: Esri, SB Friedman DEVELOPMENT POTENTIAL: Millennial Preferences Tampa CBD: 1-mile Radius 7,295 millennials 40% of total pop. 19 DRAFT SB Friedman Development Advisors US POPULATION BY SELECTED LIFE STAGE[INDEXED TO 2015] 0.90 0.95 1.00 1.05 1.10 1.15 1.20 2015 2020 2025 2030 2035 Young Professionals Family Years; Trade-up Homebuyers 1.00 1.00 1.14 1.04 Source: Table 9. Projections of the Population by Sex and Age for the United States: 2015 to 2060 (NP2014-T9), U.S. Census Bureau, Population Division, ReleasedDecember2014;SB Friedman AGE 2015 2025 2035 Children .Under 5 years 19,965 21,010 21,268 .5 to 9 years 20,463 20,889 21,529 .10 to 14 years 20,590 20,555 21,650 .15 to 19 years 21,092 21,219 21,706 Young Professionals .20 to 24 years 22,740 22,077 22,183 .25 to 29 years 22,473 23,103 23,450 .30 to 34 years 21,659 24,450 23,995 Family Years; Trade-up Homebuyers .35 to 39 years 20,346 23,586 24,360 .40 to 44 years 20,178 22,291 25,176 .45 to 49 years 20,817 20,613 23,919 .50 to 54 years 22,312 20,063 22,257 Empty Nesters and Young Seniors .55 to 59 years 21,811 20,294 20,260 .60 to 64 years 19,093 21,265 19,351 .65 to 69 years 16,094 20,202 19,071 .70 to 74 years 11,500 16,891 19,091 Seniors with Special Needs .75 to 79 years 8,126 13,154 16,819 .80 to 84 years 5,806 8,191 12,343 85 years or older 6,304 7,482 11,908 MILLENNIALS BY LIFE STAGE BY DECADE As millennials enter family years, there may be a shift back to the suburbs DEVELOPMENT POTENTIAL: Long Term Trends US POPULATION BY LIFE STAGE BY DECADE(THOUSANDS) 20 DRAFT SB Friedman Development Advisors PROTOTYPES: Urban Versus Suburban Class A Prototypes 21 Echelon City Center | 300 Carillon Pkwy, St. Pete Submarket Gateway Year Built 2020 Sq.Ft.125,000 Parking N/A Floors 5 Avg. Rent $35 PSF FAR N/A Vacancy*Under Cons. Floor Plate 25,000 Spec/Suit Speculative Tenant(s)N/A Renaissance Center VI | 8733 Henderson Rd, Tampa Submarket NW Tampa Year Built 2018 Sq.Ft.149,000 Parking 4/1000 SF Floors 4 Avg. Rent N/A FAR N/A Vacancy O% Floor Plate 37,200 Spec/Suit Speculative Tenant(s)AAASuburbanAmerican Strategic Insurance | 2 ASI Way, St. Pete Submarket Gateway Year Built 2014 Sq.Ft.110,000 Parking 7/1000 SF Floors 3 Avg. Rent N/A FAR 0.2 Vacancy O% Floor Plate 37,000 Spec/Suit Suit Tenant(s)ASI 1001 Water Street |1001 Water St, Tampa Submarket DT Tampa Year Built 2021 Sq.Ft.380,000 Parking N/A Floors 20 Avg. Rent $44.50 PSF FAR N/A Vacancy*N/A Floor Plate 20,250 Spec/Suit Speculative Tenant(s)N/A Heights Union | 2002 N. Tampa St, Tampa Submarket Westshore Year Built 2020 Sq.Ft.300,000 Parking 4/1000SF Floors 6 Avg. Rent $41.50 PSF FAR N/A Vacancy*66% Floor Plate 25,000 Spec/Suit Speculative Tenant(s)AxoGen, WeWorks 4610 Eisenhower Blvd, Tampa Submarket Westshore Year Built 2008 Sq.Ft.75,000 Parking 5/1000 SF Floors 2 Avg. Rent N/A FAR 1.0 Vacancy 0% Floor Plate 37,000 Spec/Suit Speculative Tenant(s)MainSail, Girl ScoutsUrban Proposed/Under Construction USAA Crosstown | 9527 Delaney Creek Blvd, Tampa Submarket East Tampa Year Built 2019 Sq.Ft.240,000 Parking 2/1000 SF Floors 5 Avg. Rent N/A FAR .31 Vacancy O% Floor Plate 48,000 Spec/Suit Suit Tenant(s)USAA MetWestTwo | 4040 W. Boy Scout Blvd, Tampa Submarket Westshore Year Built 2013 Sq.Ft.309,000 Parking 4/1000SF Floors 10 Avg. Rent N/A FAR 5.0 Vacancy 0% Floor Plate 25,000 Spec/Suit Speculative Tenant(s)PwC Corporate Center IV | 4301 W. Boy Scout Blvd, Tampa Submarket Westshore Year Built 2008 Sq.Ft.250,000 Parking 4/1000SF Floors 8 Avg. Rent $40 PSF FAR 1.1 Vacancy 5.7% Floor Plate 31,200 Spec/Suit Speculative Tenant(s)Shutts & Bowen LLP Westlake Corporate Center III | 300 Carillon Pkwy, St. Pete Submarket Gateway Year Built 2020 Sq.Ft.95,000 Parking 6/1000 SF Floors 4 Avg. Rent $32.50 PSF FAR 0.31 Vacancy*Under Cons. Floor Plate 24,000 Spec/Suit Speculative Tenant(s)N/A Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors Most of Pinellas County lacks a dynamic, mixed-use work environment PROTOTYPES: Key Investment Areas GATEWAY Intensification of existing successful corporate business parks (Carillon, Bay Vista, ICOT) ST. PETERSBURG Potential for development at Tropicana Field sites Downtown St. Pete 22 Carillon Business Park Tropicana Field Redevelopment DRAFT SB Friedman Development Advisors PROTOTYPICAL DEVELOPMENT: Key Assumptions 23 Suburban-format Office Urban-format Office Source DEVELOPMENT PROGRAM Gross Land Area (acres)11 2 SB Friedman Calculation Gross Building SF (GSF)140,000 250,000 SB Friedman Calculation Stories 4 10 CoStar Floor Plate (SF)35,000 25,000 CoStar FAR 0.3 3 CoStar Parking Ratio (Stalls per 1,000 sf)6 4 CoStar; Informant Interviews Surface Parking Stalls 840 - SB Friedman Calculation Structured Parking Stalls(prorated by total SF)- 1,000 SB Friedman Calculation ASSUMPTIONS - DEVELOPMENT COST Hard Costs per GSF $95 $100 RS Means TI Allowances $60 $70 Informant Interviews Soft and Financing Costs, Developer Fee (as a % of TDC net of land)32%32%RS Means; SB Friedman Hard Costs per Structured Parking Space 27,000 27,000 Informant Interviews; SB Friedman ASSUMPTIONS - CASH FLOW Annual Rent per RSF (Gross office / NNN industrial)$30 $34 CoStar Annual Net Parking Revenue per Stall $0 $695 Discover Downtown St. Petersburg; Informant Interviews; SB Friedman Operating Costs (% of Revenue)30%30%CoStar Property Taxes (per GSF)$1.30 $1.50 Pinellas County Tax Collector; SB Friedman Vacancy Loss 5%5%SB Friedman Capitalization Rate 7.0%7.0% RERC 4Q 2018 Going-In Cap Rate Tampa Suburban Office DRAFT SB Friedman Development Advisors CHALLENGES TO DEVELOPMENT 1)Competition 2)Obsolete Buildings 3)Available Land 4)Financial Feasibility 5)Workforce Housing 24 DRAFT SB Friedman Development Advisors Municipalities compete regionally –and nationally –for Office Target Industries CHALLENGES: Office Competition Cities throughout the Southeast have attracted new office development/TI relocation Ability to attract is dependent on key site selection factors 25 BUSINESS FRIENDLY ENVIRONMENT: Government/culture is welcoming to businesses and makes doing business easy TALENT / LABOR FORCE: Pool of workers with necessary skills or workforce development resources to develop them over time QUALITY OF LIFE: Desirability as a place for employees to live INCENTIVES: Availability of incentives from public sector CONSOLIDATION: Combining multiple existing sites into a single site ACCESSIBILITY / INFRASTRUCTURE: Ability to easily access other markets or infrastructure necessary to conduct business DRAFT SB Friedman Development Advisors Target Industry headquarters are being incentivized directly CHALLENGES: Office Competition Incentives used to attract larger Target Industry HQs throughout the Southeast have focused on job-based incentive deals utilizing state-level incentives Incentives paid directly to corporation relocating based on number of jobs created Jobs-focused incentive deals are heavily reliant on state-level incentives (e.g. Joint Development Incentive Grant in NC) Job training and education assistance supplementary state assistance Local incentive component of jobs-focused deals also focused on jobs Generally structured to return some portion of wage or property tax payments based on achieving job creation hurdles Reviewed office development since 2017 in comparable Southeast metros Reviewed media coverage, industry publications, company statements, and government sources to understand incentivized office deals across the Southeast Incentives to support real estate development are not widely utilized Of projects reviewed, 3 of 4 tenants moved into existing, new construction office space that appears to be developed without subsidy (available land and strong market support) In 4th case, tenant leased existing space then conducted a site search for new construction office Other markets can focus on using incentives to attract corporations with available sites. Pinellas County has to first incentivize real estate development to create sites to leverage the state-level job incentives. 26 DRAFT SB Friedman Development Advisors Reasons for Relocation by Deal Albemarle Corp.Arch Capital Dimensional Fund Advisors Honeywell MetLife NN, Inc.Schneider Electric Accessibility / Airport ••••• Business Friendly Environment ••••• Consolidation •••[1]•[1]• Incentives ••• Quality of Life •••• Talent / Labor Force ••••• 27 CHALLENGES: Competition Identified new office headquarter relocations,similar to the desired Target Industries in Pinellas, to identify key considerations for site selection including the incentives utilized Reviewed media coverage, industry publications, company statements, and public documents to understand incentivized office deals across the Southeast [1] Consolidation of existing offices but new to marketSources: Albemarle Corp.; Charlotte Observer; Charlotte Regional Business Alliance; The Dillon; Insurance Journal; News & Observer; North Carolina Department of Commerce; Tennessean; Williamson Source; WRAL TechWire DRAFT SB Friedman Development Advisors Incentives by Deal Arch Capital Dimensional Fund Advisors Honeywell Schneider Electric City Raleigh, NC Charlotte, NC Charlotte, NC Franklin, TN Square Feet 104,593 265,000 --160,550 Sector Insurance Investment Headquarters(Technology)Headquarters(Energy Management) Total Incentives $5,425,336 $17,900,000 $87,450,000 $2,000,000 State Incentives $5,100,000 in Job Development Investment Grants (JDIG)$10,300,000 in JDIG $42,450,000 in JDIG -- County Incentives $138,836 in Business Development Grant $4,800,000 in Business Improvement Program (BIP) grants $28,000,000 in BIP grants $2,000,000 in Tax Increment Financing rebates Local Incentives $186,500 $2,800,000 in BIP grants $17,000,000 in in BIP grants -- Jobs 365 316 750(250 relocation, 500 new)1,140(900 relocation, 250 new) Average Annual Salary $109,000 $147,025 $85,000 $73,000 Site Strategy Occupy new construction office space (non-purpose built)Occupy existing office space initially, construct new office space Occupy new construction office space (non-purpose built)Occupy new construction office space (non-purpose built) 28 CHALLENGES: Competition Sources: Charlotte Observer; Charlotte Regional Business Alliance; The Dillon; News & Observer; North Carolina Department of Commerce; Tennessean; Williamson Source; WRAL TechWire DRAFT SB Friedman Development Advisors Existing office supply does not requirements of modern users CHALLENGES: Obsolete Buildings Limited new construction Class-A office space available in the County Existing office buildings within Pinellas County are typically older, smaller and do not meet the standards of modern Class-A office space Extraordinary costs associated with rehabilitation of obsolete buildings may limit future improvements 29 Suburban-Format Urban-Format Location(s)Existing -Greater Gateway Development Prototype Existing-Downtown St. Petersburg Development Prototype Class 35% A; 55% B; 10% C A 30% A; 40% B; 30% C A Average Building Age 28 years Newer Construction 55 years Newer Construction Average Building SF 90,000 SF 140,000 SF 100,000 SF 250,000 SF Typical Floor Plate 36,000 SF 35,000 SF 18,000 SF 25,000 SF Stories 3 4 8 10 Parking Ratio 3.4/1,000 SF 6/1,000 SF 2.6/1,000 SF 4/1,000 SF Acres 10 acres 10 acres 2 acres 2 acres Building Material(s)Masonry, Steel, Reinforced Concrete Masonry, Steel, Reinforced Concrete Masonry, Steel, Reinforced Concrete Masonry, Steel, Reinforced Concrete Source: CoStar;Informant Interviews; SB Friedman DRAFT SB Friedman Development Advisors Barrier for both office and industrial development CHALLENGES: Available Land and Infrastructure Limited land availability, per County’s 2008 TIELS study Industrial land is limited and threatened with conversion to retail/residential More land is needed for Target job growth than is vacant To reach jobs targets, maintain existing land resources and encourage more intense use of land Infrastructure Informant interviews indicated need for additional power,stormwater detention, high-speed internet Pinellas by Design identifies the costs associated with removing obsolete infrastructure and replacing it with new infrastructure as challenge for redevelopment sites TIELS study indicated a good local transportation network, but also the need for roadway and public transit investments Infrastructure investment and land assembly/cost write-down are public sector mechanisms to create marketable, shovel-ready sites 30 DRAFT SB Friedman Development Advisors Residual land value model: analysis framework CHALLENGES: Office Financial Feasibility The residual land value analysis evaluates project feasibility through a financial gap analysis approach. Stabilized pro formas by land use were developed for each prototypical development. Assumptions within the analysis were derived from SB Friedman’s experience with comparable projects in the Pinellas County market and elsewhere, as well as from third-party industry data sources. Estimated total development costs (TDC) and stabilized market value. The difference is the amount available for land costs. If stabilized market value is greater than or equal to TDC, then the project is feasible, depending on cost of land. If stabilized market value is below TDC, the project is likely not feasible without public assistance. The following pages illustrate the financial feasibility of prototypical market-rate office projects, outlining key assumptions and sensitivities. 31 ANALYSIS FRAMEWORK |Market Rate Development TOTAL DEVELOPMENT COSTS Land Costs + Hard Costs + Soft & Financing Costs + Developer Fees = Total Development Costs MARKET VALUE Rents/Revenues -Operating Costs -Taxes -Vacancy = Net Operating Income (NOI) ÷ Capitalization Rate = Market Value PROJECT FEASIBILITY Total Development Costs -Market Value = Amount Available for Land Funding Gap/(Surplus Profit) DRAFT SB Friedman Development Advisors Residual land value model: results CHALLENGES: Office Financial Feasibility 32 Estimated residual land value for each development prototype based on market research High-level assessment based on available market data, assuming clean buildable land Analysis is sensitive to construction costs/SF, level of tenant build out, rents, and cap rates Suburban-format Office Urban-format Office DEVELOPMENT COSTS (EXCLUDING LAND) Hard Costs (Building)$13,300,000 $25,000,000 + TI Allowance $8,400,000 $17,500,000 + Soft and Financing Costs, Developer Fee (of building only, not garage)$6,944,000 $13,600,000 + Parking Construction Costs (Structured)$0 $27,000,000 = Total Development Costs (with parking)$28,644,000 $83,100,000 Development Costs per GSF of Building (with parking)$200 $330 MARKET VALUE (Market Rate Calculations) Gross Rents/Revenues $4,200,000 $8,500,000 + Parking Revenues $0 $790,000 - Operating Costs -$1,260,000 -$2,550,000 - Parking Operating Costs $0 -$140,000 - Property Taxes -$182,000 -$375,000 - Vacancy Loss -$210,000 -$430,000 = Net Operating Income $2,548,000 $5,795,000 ÷ Capitalization Rate 7.0%7.0% = Market Value of Project $36,400,000 $82,790,000 Market Value per GSF of Building $260 $330 AMOUNT AVAILABLE FOR LAND PURCHASE $7,756,000 -$310,000 Amount Available for Land Purchase ($ PSF)$17 -$4 New development may not be financially feasible, depending on land price, given current market conditions •Urban-format office with structured parking is not financially feasible in the near-term, primarily due to construction costs associated with the parking structure •Suburban-format office is closer to financially feasible, depending on land costs and presence of extraordinary development costs DRAFT SB Friedman Development Advisors Workforce housing for new and existing Target Industry employees could help bolster economy 33 CHALLENGES: Available New Construction Workforce Housing Employers in key sectors have expressed concern regarding the availability of housing products to retain and attract new employees at the Target Income levels within the County (120% AMI) Households at this AMI level are able to afford legacy (product built prior to 2010), newer construction (resales built after 2010), and new construction homes “Competitive” newer and new construction housing projects are located within a one-hour drive time of the Gateway Area of Pinellas County in neighboring counties Future housing development will likely be constrained by available land.Creating new sites will likely require redevelopment,which is generally more complex and expensive than greenfield development Single-Family Detached Single-Family Attached Apartments •Product within the County includes older product,as well as a limited amount of newer construction product built since 2010 •For the same price, homebuyers can purchase newly constructed single-family detached homes in nearby counties that include more space at lower costs per square foot, more bedrooms, and more amenities •Homebuyers may choose to purchase single- family attached products based on location and lifestyle preferences •Newer product within the County is comparable to newer single-family attached products being delivered across the Competitive Area in terms of unit square feet, bedroom and bathroom mixes, and price •Condos are typically desirable in urban, walkable areas and/or with access to water; Townhomes are desirable in suburban subdivisions and along major arterials •Several projects have recently delivered within the County without subsidy DRAFT SB Friedman Development Advisors PENNY IV OFFICE STRATEGY: Conclusions Greater Gateway is the largest Class-A suburban office market in the region while St. Petersburg CBD is an emerging Class-A urban office market There may be demand for nearly 4 million square feet of net new office development through 2040 The ability to attract new Target Industry employers to Pinellas County may be limited by competition throughout the region and nation, the presence of obsolete buildings that do not meet the needs of modern users, available land and infrastructure, financial feasibility, and available new construction housing Class-A office will likely follow existing locational patterns with preference for walkable, mixed-use environments Development would like be build-to-suit in the Gateway while speculative office may be constructed in St. Petersburg Spec development would likely need significant preleasing to meet lender’s requirements Penny IV Economic Development funds could be used to address identified challenges to real estate (re)development that would otherwise not occur through strategic investment in capital projects for economic development 34 DRAFT INDUSTRIAL MARKET ASSESSMENT DRAFT SB Friedman Development Advisors EXISTING CONDITIONS: Regional Structure 36 Approximately 188.4M SF of industrial/flex in the Tri-County region South Pinellas Industrial Submarket is the largest submarket in the Tri- County Region with nearly 56.4M SF East Side comprises the largest distribution cluster, located near the Tampa CSX Intermodal South Pinellas is the largest manufacturing cluster E Hillsborough/Plant is an emerging industrial cluster, building on key I-4 location WESTSHORE/AIRPORT SOUTH PINELLAS EAST SIDE E. HILLSBOROUGH/ PLANT Less than 50,000 50,000 –200,000 200,000 –500,000 More than 500,000 Rentable Building Area (SF)Note: ’Other Industrial’ includes industrial buildings for which no secondary property type is given. ‘Flex’ includes all projects defined as flex by CoStar. Flex secondary property types include light manufacturing, light distribution, R&D, showroom, data hosting. Source: CoStar; SB Friedman Source: CoStar, ESRI; SB Friedman 56.4M 53.4M 18.7M 15.0M 0 10M 20M 30M 40M 50M 60M South Pinellas East Side Westshore/Airport E Hillsborough/Plant Rentable Building Area by Type (SF) Distribution Manufacturing Warehouse Flex Other Industrial DRAFT SB Friedman Development Advisors EXISTING CONDITIONS:South Pinellas Supply 37 Approximately 56.4M SF of industrial within the South Pinellas submarket Low vacancy: 95% occupied Recent Construction Nearly 1.4M SF (2.5% of South Pinellas total supply) has been construction since 2010 Eleven buildings are proposed/under construction (approx. 1.1M SF), of which 8 are located within the Gateway Cluster Industrial Clusters •There are five major industrial parks within the Gateway Cluster: 1.Gateway Business Center 2.Metropointe Commerce Park/Westbay Corporate Center 3.Young-Rainey STAR Center (County-owned, 96-acre complex, comprising primarily tech manufacturing companies) 4.Ulmerton Industrial Center/34th St Industrial Park,/118th Ave Industrial Center (mix of warehouse and manufacturing) 5.Ulmerton/49th Street Cluster (mix of smaller warehouse and manufacturing) •St. Petersburg –legacy industrial located adjacent to the Pinellas Trail •62nd Ave Cluster •Pinellas Park / N. St. Petersburg –Joe's Creek is the primary industrial park while other legacy industrial is located along the rail line Building Attribute Built after 2010 Under Constructionor Proposed Less than 50,000 50,000 –200,000 200,000 –500,000 More than 500,000 Building RBA Source: CoStar, ESRI; SB Friedman DRAFT SB Friedman Development Advisors EXISTING CONDITIONS:South Pinellas Supply 38 •The two largest industrial space users in South Pinellas are manufacturing and warehouse •South Pinellas submarket captures 53% of the manufacturing rentable building area in the Tri-County region Target Industries present: Advanced Manufacturing Aviation and Aerospace Defense and Homeland Security Information Technology Life Sciences and Medical Technology Less than 50,000 50,000 –200,000 200,000 –500,000 More than 500,000 Building RBA Warehouse Manufacturing Distribution Other Industrial Flex Industrial Sector 27.4M 18.M 6.9M 2.7M 1.4M 0 5M 10M 15M 20M 25M 30M Warehouse Manufacturing Flex Distribution Other Industrial South Pinellas RBA by Industry Type Source: CoStar; SB Friedman Source: CoStar, ESRI, SB Friedman DRAFT SB Friedman Development Advisors EXISTING CONDITIONS:North Pinellas Supply 39 Approximately 13.8M SF of industrial within the North Pinellas submarket Low vacancy rates: 98% occupied Primarily older, smaller legacy warehouse space Limited new construction after 2010: Roughly 25,000 SF built since 2010 (0.2% of North Pinellas supply) One building proposed (approx. 6,700 SF); no buildings under construction Major industrial clusters: Oldsmar –Two primary industrial parks (Booker Creek Corporate Center and Tri-County Business Park) Clearwater Central Center Space Center –Flex –older class C space Hercules Business Center and industrial park (older space) Tarpon Springs and Safety Harbor–primarily freestanding buildings not within any park 8.7M 2.4M 2.3M .3M .1M 0 2M 4M 6M 8M 10M Warehouse Flex Manufacturing Other Industrial Distribution North Pinellas RBA by Industry Type Less than 50,000 50,000 –200,000 200,000 –500,000 More than 500,000 Building RBA Warehouse Manufacturing Distribution Other Industrial Flex Industrial SectorSource: CoStar, ESRI, SB Friedman Source: CoStar; SB Friedman DRAFT 0 10 20 30 40 50 60 70 80 90 2020 2040MillionsPinellas County Occupied & Total Industrial RBA Occupied Vacant 10.0M SF of net new industrial development projected in the County between 2020-2040 Drivers/Assumptions of Projections •Projections for industrial sector output through 2040 based on historic output growth for Pinellas County through 2017 and broader US trends •Assumes annual increase in output/SF (efficiency) of 2.2% (based on historic trends (through 2017) •Assumes demolition rate of 0.2% (based on historic CAGR for last 5 years) •Assumes a stabilized average vacancy of 4.5% by 2040 (based on historic 5-year average) This is a preliminary forecast that is largely dependent on various factors, including: •Broader economic conditions or cycles: Macroeconomic or “redevelopment/infill environment” cycling •Land limitations/site assembly efforts •Intensification of existing space or upcycling product •Level of public financial intervention 40 10.0 M SF Net New Industrial Development 2020-204070.7M SF 80.7 SF DEVELOPMENT POTENTIAL: Projected Industrial Demand Source: CoStar; Moody's Analytics; SB Friedman DRAFT SB Friedman Development Advisors EAST SIDE WESTSHORE/AIRPORT DEVELOPMENT POTENTIAL:Recent Development Trends 41 Approximately 9.2M SF of industrial developed in the Tri-County region since 2010 Approximately 11.9M SF proposed/under construction Across the four study submarkets, warehouse is the leading recent industrial use with 4.2M SF constructed since 2010 and 3.9M SF proposed or under construction Of the four study submarkets, E Hillsborough/Plant has the most SF proposed/under construction projects at 5.1M SF ‘Other industrial’ (2.7M SF) Warehouse (1.5M SF) Manufacturing has seen the least new construction since 2010 Of the four submarkets, only South Pinellas has seen new manufacturing space since 2010 (160K SF) or proposed/under construction projects (25K SF) Less than 50,000 50,000 –200,000 200,000 –500,000 More than 500,000 Rentable Building Area (SF) Warehouse Manufacturing Distribution Industrial Sector SOUTH PINELLAS E. HILLSBOROUGH/ PLANT Other Industrial Flex Under Construction or Proposed Source: CoStar, ESRI, SB Friedman DRAFT SB Friedman Development Advisors 0 .5M 1.M 1.5M 2.M 2.5M 3.M 3.5M 4.M 4.5M E Hillsborough/Plant IndEast Side IndSouth Pinellas IndWestshore/Airport IndE Hillsborough/Plant IndEast Side IndSouth Pinellas IndWestshore/Airport IndE Hillsborough/Plant IndEast Side IndSouth Pinellas IndWestshore/Airport IndE Hillsborough/Plant IndEast Side IndSouth Pinellas IndWestshore/Airport IndE Hillsborough/Plant IndEast Side IndSouth Pinellas IndWestshore/Airport IndWarehouse Distribution Flex Manufacturing Other Industrial Rentable Building Area by Industrial Type, Existing and Proposed/Under Construction, 2010 to Current DEVELOPMENT POTENTIAL:Recent Development Trends 42 Existing Proposed/Under Construction Note: ’Other Industrial’ includes industrial buildings for which no secondary property type is given. ‘Flex’ includes all projects defined as flex by CoStar. Flex secondary property types include light manufacturing, light distribution, R&D, showroom,data hosting. Pinellas County has captured a significant portion of recent flex and manufacturing development since 2010 Source: CoStar, ESRI, SB Friedman DRAFT SB Friedman Development Advisors PROTOTYPES: Warehouse 43 Warehouse buildings are primarily used for business-to-business purposes and are designed for the long-term storage of products Industries which utilize warehouse products vary widely but predominately include non-QTI industries such as supply companies and food processing/distribution Market Trends Typically multi-tenant and are being developed speculatively Class A products in the South Pinellas submarket have commanded rental rates ranging from $4.80 to $5.90 PSF Newer competitive products in East Side and Southeast Hillsborough have slightly lower rental rates, ranging from $3.90 to $5.25 PSF Building Requirements Newer products have required at least 30’ ceiling heights, 40’x50’ column spacings, and 40 or more loading docks Larger building sizes for warehouses are seen in Hillsborough County (80,000 –400,000 SF) compared to Pinellas County (30,000-120,000 SF) Pinellas County products typically have higher FAR due to their smaller lot sizes. Developers optimize available land given existing constraints 12449 Enterprise Blvd, Largo Submarket South Pinellas Year Built 2018 Sq.Ft.76,000 Parking N/A FAR 0.61 Avg. Rent N/A Vacancy 0%Spec/Suit Speculative Tenant(s)Cousin Corporation of America 4701 UlmertonRd, Clearwater Submarket South Pinellas Year Built 2019 Sq.Ft.65,000 Parking 4.0/1000 sf FAR 0.45 Avg. Rent $5.40 PSF Vacancy*55%Spec/Suit Speculative Tenant(s)N/A Cross Bayou Industrial Park | 12616 62nd Street, Largo Submarket South Pinellas Year Built 2018 Sq.Ft.50,000 Parking 2.0/1000 sf FAR 0.20 Avg. Rent $4.00 PSF Vacancy 0%Spec/Suit Speculative Tenant(s)N/A County Line Logistics Center | 3838 Fancy Farms Rd, Plant City Submarket E Hillsborough/Plant Year Built 2019 Sq.Ft.1,100,000 Parking N/A FAR 0.38 Avg. Rent $4.20 PSF Vacancy*100%Spec/Suit Speculative Tenant(s)N/APinellasRegionalI-4 Logistics Center | 1003 N. Taylor Rd, Seffner Submarket E Hillsborough/Plant Year Built 2019 Sq.Ft.425,000 Parking N/A FAR 0.26 Avg. Rent $5.25 PSF Vacancy*100%Spec/Suit Suit Tenant(s)N/A NewSouthCommerce Park | 4350 Williams Rd, Tampa Submarket E Hillsborough/Plant Year Built 2018 Sq.Ft.643,000 Parking 0.02/1000 sf FAR 0.38 Avg. Rent $4.50 PSF Vacancy*0%Spec/Suit Speculative Tenant(s)Colonial Distributing, Ferguson HVAC, American Metals Supply Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors PROTOTYPES:Distribution 44 Starkey Lakes CC | 8585 126th Ave, Largo Submarket South Pinellas Year Built 2017 Sq.Ft.96,000 Parking 1.7/1000 SF FAR .31 Avg. Rent N/A Vacancy 0%Spec/Suit Speculative Tenant(s)MoninPinellasHatfield Business Center | 11395 66th St, Largo Submarket South Pinellas Year Built 2009 Sq.Ft.25,000 Parking 0.8/1000 SF FAR 0.25 Avg. Rent $11 PSF Vacancy 9%Spec/Suit Speculative Tenant(s)Earl Pruitt Well & Pump, The Right Equipment RegionalFedEx Distribution Center| 1950 102ndAve, St. Pete Submarket South Pinellas Year Built 2017 Sq.Ft.237,000 Parking N/A FAR .09 Avg. Rent N/A Vacancy 0%Spec/Suit Suit Tenant(s)FedEx 301 Business Center | 9250 Columbus Dr, Tampa Submarket East Side Year Built 2019 Sq.Ft.859,000 Parking N/A FAR 0.38 Avg. Rent $3.60 PSF Vacancy*30%Spec/Suit Speculative Tenant(s)N/A Madison Distribution Center | 5102Joanne Kearney Blvd, Tampa Submarket East Side Year Built 2017 Sq.Ft.272,000 Parking N/A FAR N/A Avg. Rent $4.80 PSF Vacancy*2%Spec/Suit Speculative Tenant(s)N/A Amazon Distribution Center | 3350 Laurel Ridge Ave, Ruskin Submarket SE Hillsborough Year Built 2014 Sq.Ft.1,020,000 Parking N/A FAR 0.30 Avg. Rent N/A Vacancy 0%Spec/Suit Suit Tenant(s)Amazon Typical users are "TDL" -transportation, distribution and logistics -as well as packaging companies Market Trends Both products in Pinellas County and throughout the region have primarily been built speculatively for multi-tenant users There has only been two new distribution center products developed in Pinellas County since 2010 Newer products in South Pinellas have leveraged rents between $4.75- $5.80 PSF while regional competitors in areas such as Southeast Hillsborough County and East Side have lower rates ranging from $4.00 to $5.50 PSF Building Requirements Regional products in Southeast Hillsborough County and East Side are typically larger (59,000 –440,000 square feet) than their Pinellas County counterparts (25,000 to 237,000 square feet) Building requirements include ceiling heights of at least 24’, column spacing of 50’x50’, and an average of 35 loading docks per developmentSource: CoStar; SB Friedman DRAFT SB Friedman Development Advisors PROTOTYPES:Flex 45 General 9250 Camden Field Pkwy Riverview Submarket East Side Year Built 2018 Sq.Ft.90,000 Parking N/A FAR 0.27 Avg. Rent $10.30 PSF Vacancy 0%Spec/Suit Suit Tenant(s)Metrohm 4802 Lena Rd, Bradenton Submarket Manatee Year Built 2017 Sq.Ft.13,500 Parking 5.5/1000 SF FAR 0.11 Avg. Rent $15 PSF Vacancy 35%Spec/Suit Speculative Tenant(s)Advanced Enviro Care 4802 Lena Rd, Bradenton Submarket Manatee Year Built 2017 Sq.Ft.16,000 Parking N/A FAR 0.11 Avg. Rent $11.20 PSF Vacancy 0%Spec/Suit Speculative Tenant(s)Advanced Enviro Care 1410 Gordon Food Service Dr Submarket E Hillsborough/Plant Year Built 2016 Sq.Ft.160,000 Parking 0.6/1000 SF FAR N/A Avg. Rent $5.20 PSF Vacancy 0%Spec/Suit Suit Tenant(s)Gordon Food Service 6899 Bryan Dairy Rd, Largo Submarket SE Hillsborough Year Built 2013 Sq.Ft.28,000 Parking N/A FAR 0.33 Avg. Rent $5.80 Vacancy 0%Spec/Suit Speculative Tenant(s)Curbell Plastics, Inc. General General Refrigeration/Cold Storage Light Manufacturing Showroom Tomato Packing House | 2619 14th Ave SE, Ruskin Submarket SE Hillsborough Year Built 2014 Sq.Ft.20,000 Parking N/A FAR 0.10 Avg. Rent N/A Vacancy 0%Spec/Suit Suit Tenant(s)A&L Farms Flex buildings blend industrial and office spaces; typical flex buildings are comprised of at least 25% office spaces Industries which typically utilize flex spaces include biotechnology, data processing and other information technology industries Market Trends Pinellas County has seen less than 100,000 square feet of new flex space development in the last 10 years Newer flex space has been delivered primarily in established industrial submarkets such as East Side, as well as in Manatee County and other peripheral submarkets Both products in Pinellas County and throughout the region have primarily been built speculatively for multi-tenant users Newer products in both Pinellas County and the region have varying rent rates depending on the proposed industrial use Manufacturing or distribution uses may command rents of $4.00-$10.00 PSF while other uses such as showrooms have rents of at least $15 PSF Building Requirements Regional products in Southeast Hillsborough County and East Side are typically larger (59,000 –440,000 square feet) than their Pinellas County counterparts (25,000 to 100,000 square feet) Building requirements ultimately depend on the use of the flex space Spaces with some manufacturing or distribution component typically require at least 18’ ceiling heights and 10 or more loading docks Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors PROTOTYPES:Manufacturing Manufacturing developments provide space required to produce goods from raw materials QTIs which often rely on manufacturing space include aviation/aerospace, medicinal/pharmaceutical, and military/defense Market Trends There has been limited manufacturing development in the tri-county region since 2010 Only 180,000 square feet of manufacturing space has come online in the past 10 years. Additional manufacturing development has occurred in new greenfield industrial/business parks in Manatee County Pinellas County products have been built speculatively for single tenant users while regional products have typically been build-to-suit Newer products in South Pinellas have commanded rents between $6.10 and $8.10 PSF, which is comparable to other regional competitors in East Side and Pasco County Building Requirements Newer manufacturing spaces throughout the region typically encompass less than 100,000 square feet per building Building requirements include ceiling heights of at least 20’, preferably greater than 30’46 12575 71st Ct, Largo Submarket South Pinellas Year Built 2011 Sq.Ft.47,000 Parking N/A FAR 0.42 Avg. Rent N/A Vacancy 0%Spec/Suit Speculative Tenant(s)Work Tools International 11000 Gandy Blvd, St. Pete Submarket South Pinellas Year Built 2014 Sq.Ft.37,000 Parking N/A FAR 0.27 Avg. Rent N/A Vacancy 0%Spec/Suit Speculative Tenant(s)Maxi-Blast, Inc 6451 126th Ave, Largo Submarket South Pinellas Year Built 2013 Sq.Ft.83,000 Parking N/A FAR 0.22 Avg. Rent N/A Vacancy 0%Spec/Suit Speculative Tenant(s)Parallon Suncoast Industrial Park | 15800 Hudson Ave, Spring Hill Submarket Pasco Year Built 2008 Sq.Ft.80,000 Parking 2.5/1000 SF FAR 0.12 Avg. Rent $6.60 Vacancy 0%Spec/Suit Speculative Tenant(s)Leggett & Platt 421 Hobbs St, Tampa Submarket East Side Year Built 2008 Sq.Ft.15,000 Parking 1.3/1000 SF FAR 0.58 Avg. Rent $5.80 PSF Vacancy 0%Spec/Suit Speculative Tenant(s)Flags Unlimited 1423 Gunn Highway, Odessa Submarket Pasco Year Built 2009 Sq.Ft.72,000 Parking 0.6/1000 SF FAR 0.15 Avg. Rent N/A Vacancy 0%Spec/Suit Suit Tenant(s)LeveredgePinellasRegional Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors 47 Typology Warehouse Distribution Flex Manufacturing Tenants Non-QTI Non-QTI QTI QTI Building Size (SF)30,000 –120,000 SF 25,000 –237,000 SF 25,000 –100,000 SF <100,000 SF Land Area (Acres)3 –50 acres 10 –120 acres 2 –20 acres 1 –10 acres FAR 0.1 –0.6 0.1 –0.3 0.1 –0.3 0.1 –0.4 Rents $4.80 to $5.90 PSF $4.75-$5.80 PSF $4.00-$10.00 PSF $6.10-$8.10 PSF Typical Location Transportation-oriented Transportation-oriented More flexible More flexible Priority Typology No No Yes Yes PROTOTYPES:Priority Industrial Typologies Source: CoStar; SB Friedman DRAFT SB Friedman Development Advisors DEVELOPMENT PROTOTYPE 48 Flex Industrial Manufacturing Industrial Source DEVELOPMENT PROGRAM Gross Land Area (acres)6 11 SB Friedman Calculation Gross Building SF (GSF)50,000 100,000 SB Friedman Calculation Stories 1 1 CoStar Floor Plate (SF)50,000 100,000 CoStar FAR 0.2 0.2 CoStar Parking Ratio (Stalls per 1,000 sf)1 1 CoStar Surface Parking Stalls 70 120 SB Friedman Calculation Structured Parking Stalls(prorated by total SF)- - SB Friedman Calculation ASSUMPTIONS - DEVELOPMENT COST Hard Costs per GSF $75 $69 RS Means; Flex assumes weighted average between suburban offiuce and manufacturing hard costs TI Allowances $40 - SB Friedman Soft and Financing Costs, Developer Fee (as a % of TDC net of land)32%32%RS Means; SB Friedman Hard Costs per Structured Parking Space - - N/A ASSUMPTIONS - CASH FLOW Annual Rent per RSF (Gross office / NNN industrial)$11 $8 CoStar Annual Net Parking Revenue per Stall $0 $0 N/A Operating Costs (% of Revenue)0%0%RS Means; SB Friedman Property Taxes (per GSF)$0.00 $0.00 N/A Vacancy Loss 5%5%SB Friedman Capitalization Rate 7.00%6.75% RERC 4Q 2018 Going-In Cap Rate Tampa Flex and Warehouse/Flex blended average DRAFT SB Friedman Development Advisors CHALLENGES TO DEVELOPMENT 1)Competition 2)Obsolete buildings 3)Available land and infrastructure 4)Financial Feasibility 5)Workforce Housing 49 DRAFT SB Friedman Development Advisors Municipalities compete regionally –and nationally –for Industrial Target Industries CHALLENGES: Industrial Competition Ability to attract is dependent on key site selection factors 50 BUSINESS FRIENDLY ENVIRONMENT: Government/culture is welcoming to businesses and makes doing business easy TALENT / LABOR FORCE: Pool of workers with necessary skills or workforce development resources to develop them over time FACILITIES / REAL ESTATE: Availability of desirable, development- ready sites on company’s timeline INCENTIVES: Availability of incentives from public sector CONSOLIDATION: Combining multiple existing sites into a single site ACCESSIBILITY / INFRASTRUCTURE: Ability to easily access other markets or infrastructure necessary to conduct business SUPPLIER BASE: Proximity to industrial inputs QUALITY OF LIFE: Desirability as a place for employees to live and work DRAFT SB Friedman Development Advisors Public entities are utilizing both jobs-based and real estate development incentives CHALLENGES: Industrial Competition Observed incentive deals for industrial development in the Southeast include incentives for jobs and improvements to real estate State-level assistance for jobs but also for site improvements County/local assistance primarily for acquisition, site improvements, or tax relief Identified industrial development,similar to what may be developed in Pinellas County, to identify incentive tools being utilized by other public entities Reviewed media coverage, industry publications, company statements, and government sources to understand incentivized industrial deals across the Southeast Pasco County has used Penny to attract industrial development Pasco County applies 20% of its Penny for Pasco proceeds to economic development and job creation Penny for Pasco proceeds have been used to support jobs-based assistance, permitting and impact fee relief, worker training, and road construction It has also been used to match the Florida Qualified Target Industry Tax Refund Program Incentives for industrial development vary based on need and challenges to development. Penny IV funds could be used to support extraordinary capital costs prohibiting industrial development in the County. 51 DRAFT SB Friedman Development Advisors [1] Estimate[2] Bold orange text indicates items funded via Penny for Pasco proceedsSources: Business Observer, The Laker / Lutz News; Pasco County, FL; Tampa Bay Times; WelbiltPhoto Source (L to R): The Laker / Lutz News; Pasco County, FL Incentivized Industrial Development in Pasco County, Florida Mettler Toledo TouchPoint Medical Welbilt City Lutz, FL Odessa, FL New Port Richey, FL Square Feet 250,000 125,000 25,000 Sector Manufacturing Engineering and Manufacturing (Headquarters and manufacturing facility) Manufacturing (Lab, test kitchen, customer service center) State Incentives $2,750,000 in Florida Qualified Target Industry (QTI) Tax Refund Program [1]$696,000 in Florida QTI Tax Refund Program [1]$480,000 in Florida QTI Tax Refund Program County Incentives [2] •$3,050,000 in road construction; •$1,972,000 in Job Creation Incentives; •$550,000 in QTI matching funds; •Waived impact, mobility, permitting, connection fees; •$200,000 for worker training; •75% tax rebate; •$464,000 in Job Creation Incentives (incl. JCI matching funds); •Waived impact fees, mobility fees paid by County; •$150,000 in permitting costs; •$100,000 for worker training; •$980,000 in property tax rebates •$550,000 in Job Creation Incentives (incl. QTI matching funds); •Waived impact fees, mobility fees paid by County; •$50,000 in permitting costs; •$50,000 for worker training; •Property tax rebate Jobs 493 (new to Pasco)(Avg. wage of $51,578)298 (228 new to Pasco, 116 new to FL)(Avg. wage of $57,500)110 new jobs(Avg. wage of $68,770) 52 CHALLENGES: Competition DRAFT SB Friedman Development Advisors Incentivized Industrial Development in Southeast US Beretta USA Corp.Celgard, LLC OXCO, Inc. City Gallatin, TN Concord, NC Fort Mill, SC Square Feet 156,000 150,000 150,000 Sector Research and Manufacturing Research and Manufacturing Manufacturing State Incentives $8M for construction and building improvements; $2.4M for job training; $1.9M loan for road construction forgiven $18.6M in JDIG and One North Carolina Fund (One NC Fund is for equipment, building improvements, or infrastructure) Job development tax credits;$200K to County for real property improvements County Incentives --$350,000 for land acquisition$1.6M in property tax relief Site improvements (road construction) to make 21 acre site in business park developable Local Incentives 80% tax reduction (PILOT); 100 acres in industrial park at no cost ($1.75M value) $350,000 for site preparation, $820,000 in grants as investment hurdles reached -- Jobs 300 223 130 53 CHALLENGES: Competition Sources: Area Development; Cision Distribution by PR Newswire; Economic Development Partnership of North Carolina; Independent Tribune; MPV Properties, LLC; Nashville Business Journal; North Carolina Institute for Constitutional Law; South Carolina Power Team; Tennessean Photo Source (L to R): Pattillo Construction Company; Celgard, LLC; Shelco LLC DRAFT SB Friedman Development Advisors Existing industrial buildings are older and do not meet modern users' needs CHALLENGES: Obsolete Buildings Class A and B flex spaces in the County are older than their regional counterparts Also contain fewer loading docks and do not contain reinforced concrete Industrial spaces in the County are typically smaller Limited available land for development requires higher efficiency of land usage for County products Extraordinary costs associated with rehabilitation of obsolete buildings may limit future improvements 54 Flex Manufacturing Location(s)Existing Supply -Pinellas County Development Prototype Existing Supply -Pinellas County Development Prototype Average Building Age 43 years Newer Construction 30 years Newer Construction Average Building SF 15,000 SF 50,000 SF 62,000 SF 100,000 SF Loading Docks 3 5 6 10 Ceiling Height Range 18-20 feet 18-24 feet 16-18 feet Varies; up to 36 feet Parking Ratio 2.2/1,000 SF 5/1,000 sf 1.4/1,000 SF 1.3/1,000 SF Acres 5 acres 6 acres 6 acres 12 acres Building Material(s)Masonry, Metal Masonry, Metal, Reinforced Concrete Masonry, Metal, Reinforced Concrete Masonry, Metal, Reinforced Concrete Source: CoStar;Informant Interviews; NAIOP, the Commercial Real Estate Development Association; Real Estate Center; SB Friedman; ULI DRAFT SB Friedman Development Advisors Barrier for both office and industrial development CHALLENGES: Available Land and Infrastructure Limited land availability, per County’s 2008 TIELS study Industrial land is limited and threatened with conversion to retail/residential More land is needed for targeted job growth than is vacant To reach jobs targets, maintain existing land resources and encourage more intense use of land Infrastructure Informant interviews indicated need for additional power,stormwater detention, high-speed internet Pinellas by Design identifies the costs associated with removing obsolete infrastructure and replacing it with new infrastructure as challenge for redevelopment sites TIELS study indicated a good local transportation network, but also the need for roadway and public transit investments Infrastructure investment and land assembly/cost write-down are public sector mechanisms to create marketable, shovel-ready sites 55 DRAFT SB Friedman Development Advisors Residual land value model: analysis framework CHALLENGES: Industrial Financial Feasibility The residual land value analysis evaluates project feasibility through a financial gap analysis approach. Stabilized pro formas by land use were developed for each prototypical development. Assumptions within the analysis were derived from SB Friedman’s experience with comparable projects in the Pinellas County market and elsewhere, as well as from third-party industry data sources. Estimated total development costs (TDC) and stabilized market value. The difference is the amount available for land costs. If stabilized market value is greater than or equal to TDC, then the project is feasible, depending on cost of land. If stabilized market value is below TDC, the project is likely not feasible without public assistance. The following pages illustrate the financial feasibility of prototypical market-rate industrial projects, outlining key assumptions and sensitivities. 56 TOTAL DEVELOPMENT COSTS Land Costs + Hard Costs + Soft & Financing Costs + Developer Fees = Total Development Costs MARKET VALUE Rents/Revenues -Operating Costs -Taxes -Vacancy = Net Operating Income (NOI) ÷ Capitalization Rate = Market Value PROJECT FEASIBILITY Total Development Costs -Market Value = Amount Available for Land Funding Gap/(Surplus Profit) ANALYSIS FRAMEWORK |Market Rate Development DRAFT SB Friedman Development Advisors Residual land value model: results CHALLENGES: Industrial Financial Feasibility 57 Estimated residual land value for each development prototype based on market research High-level assessment based on available market data, assuming clean buildable land Analysis is sensitive to: construction costs/SF, level of tenant build out, rents, and cap rates New development may not be financially feasible, depending on land price, given current market conditions Flex Industrial Manufacturing Industrial DEVELOPMENT COSTS (EXCLUDING LAND) Hard Costs (Building)$3,760,000 $6,920,000 + TI Allowance $500,000 $0 + Soft and Financing Costs, Developer Fee (of building only, not garage)$1,363,200 $2,214,400 + Parking Construction Costs (Structured)$0 $0 = Total Development Costs (with parking)$5,623,200 $9,134,400 Development Costs per GSF of Building (with parking)$110 $90 MARKET VALUE (Market Rate Calculations) Gross Rents/Revenues $550,000 $800,000 + Parking Revenues $0 $0 - Operating Costs $0 $0 - Parking Operating Costs $0 $0 - Property Taxes $0 $0 - Vacancy Loss -$30,000 -$40,000 = Net Operating Income $520,000 $760,000 ÷ Capitalization Rate 7.0%6.75% = Market Value of Project $7,430,000 $11,260,000 Market Value per GSF of Building $150 $110 AMOUNT AVAILABLE FOR LAND PURCHASE $1,806,800 $2,125,600 Amount Available for Land Purchase ($ PSF)$7 $4 DRAFT SB Friedman Development Advisors Workforce housing for new and existing Target Industry employees could help bolster economy 58 CHALLENGES: Available New Construction Workforce Housing Employers in key sectors have expressed concern regarding the availability of housing products to retain and attract new employees at the Target Income levels within the County (80%-120% AMI) Households at this AMI level are able to afford legacy (product built prior to 2010), newer construction (resales built after 2010), and new construction homes “Competitive” newer and new construction housing projects are located within a one-hour drive time of the Gateway Area of Pinellas County in the neighboring counties Future housing development will likely be constrained by available land.Creating new sites will likely require redevelopment,which is generally more complex and expensive than greenfield development Single-Family Detached Single-Family Attached Apartments •Product within the County includes older product,as well as a limited amount of newer construction product built since 2010 •For the same price, homebuyers can purchase newly constructed single-family detached homes in nearby counties that include more space at lower costs per square foot, more bedrooms, and more amenities •Homebuyers may choose to purchase single- family attached products based on location and lifestyle preferences •Newer product within the County is comparable to newer single-family attached products being delivered across the Competitive Area in terms of unit square feet, bedroom and bathroom mixes, and price •Condos are typically desirable in urban, walkable areas and/or with access to water; Townhomes are desirable in suburban subdivisions and along major arterials •Several projects have recently delivered within the County without financial assistance DRAFT SB Friedman Development Advisors PENNY IV OFFICE STRATEGY: Conclusions South Pinellas is the largest industrial market in the region and comprises the largest stock of manufacturing space in the region There may be demand for nearly 10 million square feet of net new industrial development through 2040 The ability to attract new Target Industry employers to Pinellas County may be limited by competition throughout the region and nation, the presence of obsolete buildings that do not meet the needs of modern users, available land and infrastructure, financial feasibility, and available new construction housing Target Industry employers in industrial sectors would most likely located in newer flex industrial or manufacturing buildings Penny IV Economic Development funds could be used to address identified challenges to real estate (re)development that would otherwise not occur through strategic investment in capital projects for economic development 59 DRAFT PENNY IV STRATEGY DRAFT SB Friedman Development Advisors Goal statement PENNY IV STRATEGY: Real Estate Intervention The County can provide Penny IV Funds for strategic investment in economic development capital projects to address identified challenges which prevent or limit economically beneficial real estate (re)development from occurring. The goal of the County is to facilitate a strong and robust local economy that provides growth opportunities for existing businesses and attracts new target industry employers to Pinellas County. 61 DRAFT SB Friedman Development Advisors Penny IV Economic Development Program Framework 62 Penny IV Economic Development Program Eligible Projects New Construction, Expansion, Conversion or Rehabilitation to Develop Office and Industrial Buildings Site-Readiness Capital projects to support publicly-led land assembly and/or site preparation to create publicly-owned shovel-ready office and/or industrial development sites for future development Public Infrastructure Capital projects to support publicly-led infrastructure projects that support the recruitment, retention, and expansion of opportunities for target industry companies. Eligible Uses of Funds Capital Projects, including but not limited to:Land acquisition Extraordinary site-preparation costs (demolition, environmental remediation)Regional and site stormwater solutions (e.g. vaulted retention, water/wastewater installations/upgrades)Dual-feed electricity Construction of new office and industrial buildings and spaceSubstantial rehabilitation of existing buildings Construction of structured parkingPublic infrastructure (water, sewer, roads)Other extraordinary development capital costs Ineligible uses of funds (including but not limited to) Non-capital expenditures, including but not limited to, operating and maintenance expenses and cash incentives. DRAFT SB Friedman Development Advisors Limitations of Our Engagement Our report is based on estimates, assumptions and other information developed from research of the market, knowledge of the industry, and meetings during which we obtained certain information. The sources of information and bases of the estimates and assumptions are stated in the report.Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will necessarily vary from those described in our report, and the variations may be material. The terms of this engagement are such that we have no obligation to revise the report or to reflect events or conditions that occur subsequent to the date of the report. These events or conditions include, without limitation, economic growth trends, governmental actions, additional competitive developments, interest rates and other market factors. However, we are available to discuss the necessity for revision in view of changes in the economic or market factors affecting the proposed project. Our study did not ascertain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. No effort was made to determine the possible effect on this project of present or future federal, state or local legislation, including any environmental or ecological matters. Further, we neither evaluated management's effectiveness, nor are we responsible for future marketing efforts and other management actions upon which actual results will depend. Our report is intended solely for your information and for submission to the Joint Review Committee and should not be relied upon by any other person, firm or corporation or for any other purposes. Neither the report nor its contents, nor any reference to our Firm, may be included or quoted in any offering circular or registration statement, appraisal, sales brochure, prospectus, loan, or other agreement or any document intended for use in obtaining funds from individual investors. We acknowledge that our report may become a public document within the meaning of the freedom of information acts of the various governmental entities. Nothing in these terms and conditions is intended to block the appropriate dissemination of the document for public information purposes. 63 DRAFT SB Friedman Development Advisors 23 Appendix B: Limitations of Engagement Our report is based on estimates, assumptions and other information developed from research of the market, knowledge of the industry, and meetings during which we obtained certain information. The sources of information and bases of the estimates and assumptions are stated in the report. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will necessarily vary from those described in our report, and the variations may be material. The terms of this engagement are such that we have no obligation to revise the report or to reflect events or conditions that occur subsequent to the date of the report. These events or conditions include, without limitation, economic growth trends, governmental actions, additional competitive developments, interest rates and other market factors. However, we are available to discuss the necessity for revision in view of changes in the economic or market factors affecting the proposed project. Our study did not ascertain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. No effort was made to determine the possible effect on this project of present or future federal, state or local legislation, including any environmental or ecological matters. Further, we neither evaluated management's effectiveness, nor are we responsible for future marketing efforts and other management actions upon which actual results will depend. DRAFT 5/14/2020 Summary Report | The Landings +/- 750,000 SF | Impact DashBoard https://dashboard.impactdatasource.com/clients/5bd880953a5e3c1400201874/projects/5d251cb633a4bc170069b1ac/scenarios/5ebc59cec0983…1/1 City of Clearwater ($3.0m) ($2.0m) ($1.0m) $0.0 $1.0m $2.0m $3.0m $4.0m $5.0m 1 2 3 4 5 6 7 8 9 1010 IMPACT REPORT THE LANDINGS CORPORATE CENTER The Landings +/- 750,000 SF BENEFITS $41,515,576 COSTS ($30,456,202) NET BENEFITS $11,059,374 JOBS 3,783.5 Total 1,960.0 Direct 1,823.5 Spin-off SALARIES $47,076 Avg $60,000 Direct $33,185 Spin-off CAPITAL INVEST. $131.20m Buildings + FF&E RESIDENTIAL DEV. 56.8 Homes 378.3 Relocations NET BENEFITS $11,059,374 Present Value $8,208,906 BENEFITS Sales Taxes $253,303 Real Property Taxes $5,214,552 FF&E Property Taxes $1,014,256 New Residential Property Taxes $533,088 Utility Revenue $21,057,406 Utility Franchise Fees $1,435,640 Miscellaneous Taxes and User Fees $8,140,101 Communications Services Taxes $707,153 Utility Service Taxes $2,241,931 State Shared Revenue $918,147 Benefits Subtotal $41,515,576 COSTS Cost of Government Services ($12,422,235) Cost of Utility Services ($18,033,967) Costs Subtotal ($30,456,202) NET BENEFITS OVER 10 YEARS CITY $11,059,374 COUNTY $11,847,562 SCHOOL DISTRICT $10,278,576 OTHER $3,379,443 Name: Citizen Comment Card Rini5h-arick. City: Telephone Number: Speaking under citizens to be heard re items not on the agenda? G Agenda item(s) to which you wish to speak 10•'D CENTER Meeting Date: Name: City: Telephone Number: 7 2-7 &34/ Speaking under citizens to be heard re items not on the agenda? Li Agenda item(s) to which you wish to speak: Citizen Comment Card dory EiRIC ti AN» 8LAUTUVL.RA TO BEACH MeetingDate: Caller: Name: City: Citizen Comment Card 0,teark.)tvi-er Telephone Number: 72.7— I a -36)35 Speaking under citizens to be heard re items not on the agenda? I Agenda item(s) to which you wish to speak: C EARWATER Mir Meeting Date: Caller: T Name: City: Citizen Comment Card V -e h eon Telephone Number: Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak: Gad emu, .., C EARWATER tt• SM Meeting Date: 1 ` 1 car) Caller: 15 Name: City: Telephone Number: Citizen Comment Card ra4 Ltd Sekel 7Z7 L\ Ski Speaking under citizens to be heard re items not on the agenda? EJ Agenda item(s) to which you wish to speak I.3 CRWATER HT AU UL. /LAYTOBEAC Citizen Comment Card Name: C,14, IL.\1 Address: LC City:L a /2 L, Zip: 4,, Telephone Number: -\ (.1 3 Email Address: z--(- y 6 CL e, 2 c- - Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. I\ - ) L - 7 / L2 , cl-ft Si_ LI What is your position on the item? For V Against Citizen Comment Card Name: GI 1.11 F tFrg, Address: !'cls City Telephone Number: Email Address: Zip: 77- 7--- 67(3" Speaking under citizens to be h d re items not on the agenda?ua t:71, 4S Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: CiW4/4 Agtleutt Address: City: C&te4/-1, y/- mAl,k,, 3?..55-' Telephone Number: '02 7" A / Y7 ~ Email Address: ! j/S'IGs‘‘sie /`air Speaking under citizens to be heard re items not on the agenda?L /'—Q'Y( 4!% q &. 1 Agenda item(s) to which you wish to speak. What is your position on the item? For Against Name: Citizen Comment Card ALU Address: 7'o)( 7 City: L& / Zip: 3_373\ Telephone Number: Email Addr 02(4/02__e_ eo, Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card o- 2—f—Name: Address: City• Zip: Telephone Number: ` J Email Address: A 2_a/.47___ raet..o t• v'^^ Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: C 1J L !,LL 7 t' What is your position on the item? For Against 4o, Meeting Date: Caller: Citizen Comment Card Name: RAINC,715 -re)f4eri City: Cleo/04,1,er Telephone Number: 7161 qt -z.-7 Speaking under citizens to be heard re items not on the agenda? 1:1 Agenda item(s) to which you wish to speak 4-a.c-7-r15 EARWATER Int.Hf oVi 01Alloti 'Poi KM )1 Name: Citizen Comment Card obi n b'ercj e City: C.1'E4flisie i'er Telephone Number: 727 - 7(f _G,q-73 Speaking under citizens to be heard re items not on the agenda? 1j Agenda item(s) to which you wish to speak: t • Z. k Lartelince EARWATER sixtri Irvi. Name City: Citizen Comment Card 11J 41,14, I mah Telephone Number: 761 ' Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: CEWE Citizen Comment Card Name: \iOr W5C)(1 City: Telephone Number: Speaking under citizens to be heard re items not on the agenda? Q Agenda item(s) to which you wish to speak: kf0 CLEARWATER AM.IPA-Nt:1111,'L' P, 1.1 Name: City: Telephone Number: 7a7 - /103- k96 Citizen Comment Card Ed1 clbnson Speaking under citizens to be heard re items not on the agenda? Ci Agenda item(s) to which you wish to speak: 10 3 Land/Ake, Meeting Date: W* 21 Caller: 13 Name: Citizen Comment Card Va1/44, i'iaddc,8, City: 7 `7 -Z-f/70— 267.5 Telephone Number: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: VD. 5 • L4i R1Q4T AND BEAUTIFUL • BAY TO BEACH Name: City: Telephone Number: Citizen Comment Card 5+Ver C1+(arv- Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: 10.3. Itti,kto EARWATER 1 -KAI1a fir At'tt Meeting Date: m ` 452I) OD Caller: I Citizen Comment Card Name: CanacteL C bt1 n +edI I y City: Telephone Number: 7 1:7 617 ' t3 I Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: D .3 BRIGHT ANTI BtAUT IUL• RAI TO EEACH Meeting Date: Caller: Name: City: Telephone Number: Citizen Comment Card Gen nA Oeivi 3114- ,255-bl5z Speaking under citizens to be heard re items not on the agenda? CI Agenda item(s) to which you wish to speak: t) MeetingDate: Caller: Name: Citizen Comment Card Ro 1,„, ct City: Telephone Number: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: CLEARWATER BRIGHT AND EA11111111 KAITO REACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7776 Agenda Date: 5/21/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-22. SUMMARY: Page 1 City of Clearwater Printed on 5/21/2020 Resolution No. 20-22 RESOLUTION NO. 20-22 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS AND COVID-19 EMERGENCY MEASURES– MAY 21, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY, TERMINATING PRIOR EMERGENCY MEASURES, AND ESTABLISHING NEW EMERGENCY MEASURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and April 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6, confirmed by City Council in Resolution 20- 19 on May 7, and then extended 7 days by Mayor Frank Hibbard on May 13 and May 20, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and Resolution No. 20-22 WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and Resolution No. 20-22 WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, “Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery,” which allowed for increased restaurant, retail and museum capacity, and allowed for the opening of gyms and fitness centers effective May 18, 2020; and WHEREAS, as of May 21, 2020, 46,197 Florida residents (47,471 total cases in Florida including non-residents), including 1,703 in Hillsborough County (including 64 deaths), 893 in Manatee County (including 84 deaths), 328 in Pasco County (including 12 deaths), 1,075 in Pinellas County (including 72 deaths), at least 126 cases of which are believed to be City of Clearwater residents, have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and Resolution No. 20-22 WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The May 13, 2020 state of emergency proclamation is hereby confirmed. Section 2. The May 20, 2020 state of emergency proclamation is hereby confirmed. Section 3. The emergency measures enacted in Section 2. of Resolution 20-11, passed March 18, 2020, and as modified in Resolution 20-16 Sections 4 and 5, and as modified in Resolution 20-19 Section 3 are hereby terminated. Section 4. This state of emergency continues to seriously affect and threaten the safety and security of the lives and property of residents of the City of Clearwater and requires the establishment of the following emergency measures: 1. The Emergency Management Director shall have the authority and is empowered to order the resumption or cancellation of any Community Redevelopment Agency meetings, City Boards (including all advisory and statutory boards), City committees, City working groups, quasi-judicial hearings, homeowner association and civic association meetings conducted or held on City property, and any special events with any level of City co-sponsorship as appropriate. Any meetings, hearings, or events resumed, scheduled or rescheduled shall comply with current social distancing guidelines and Florida’s Government-in-the-Sunshine Law. 2. The Emergency Management Director shall have the authority and is empowered to open and close any City of Clearwater facilities and parking as needed. 3. Every public place, building, and facility, including all businesses, restaurants, bars, and retail establishments, but excluding public parks, shall have alcohol- based hand sanitizer (so long as publicly available) at every entrance for use by patrons and employees upon entering and exiting. 4. No person or business entity offering goods or services for sale within the City of Clearwater shall charge more than the normal average retail price as defined by § 15.01, Code of Ordinances, during the period of the declared emergency. 5. Pursuant to § 15.07(3)H., Code of Ordinances, the City of Clearwater’s Resolution No. 20-22 procurement code is hereby waived. Emergency procurement is hereby authorized to be signed by the Emergency Management Director / City Manager. Section 5. Pursuant to § 252.50, Florida Statues, any person violating the provisions of this emergency measures resolution after first being warned by a law enforcement officer is guilty of a misdemeanor of the second degree. All violations shall be subject to prosecution under § 1.12, Code of Ordinances. Section 6. This resolution shall take effect immediately and shall remain in effect for until otherwise amended and ordered, or until competent authority declares the state of emergency and measures in Section 4 terminated. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 21st day of May, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7758 Agenda Date: 5/21/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Clearwater Celebrates July 4th SUMMARY: Page 1 City of Clearwater Printed on 5/21/2020 5/19/2020 1 Clearwater  Celebrates America  City of Clearwater planning ideas for  celebrating the 4th of July in 2020  1st Proposal – Collaborative Approach •Create a once‐in‐a‐lifetime virtual event  combining the largest fireworks displays in  the Bay Area to all participate together for a  truly unique virtual experience. •Instead of competing against neighboring  cities we can combine our resources to  bring the greater Tampa Bay community  together without attracting large crowds . 1 2 5/19/2020 2 Benefits: Positive media attention and could allow for broadcast  LIVE on local media.  Great visual experience for  helicopters and drones. Through this type of program the fireworks shot  locations would not need to be broadcasted helping to  ensure no large crowds gather for the display. Celebrating holiday in a familiar way while following all  recommendations from the CDC and Governor’s office. Increasing civic partnerships and relationships  between neighboring communities fostering the  culture that we are all “in this together”. Social Media live stream would present the public the  opportunity to virtually interact with the City and  share their personal experience with the holiday. Challenges •Potential for traffic to backup and  to have people pull off of the road  to watch fireworks. •Information on shot locations could  leak leading to crowds gathering. •Communication between multiple  municipalities and fireworks  companies to get cohesive timing  and schedule created and followed. •Not guaranteed to draw a large  audience yet fireworks remains a  large expense. 3 4 5/19/2020 3 Additional Options: •Large “aerial” display: •Finding a shot location where larger shells could be used to make a  higher trajectory show.  Suggestions for locations include Sand Key  Park, Clearwater HS, or Spectrum Field.   •Recommend against Coachman Park as people may gather and expect  the same event as in past years.  We also would want to avoid any shot  locations that would close the bridge or any other major roadways. •Multiple Location Approach •Some City’s are using the approach of having multiple sites to service  different areas of the community. It can help to avoid a large  gathering but could cause more mid‐sized gatherings. •Less cost effective as more technicians and set up areas are  needed. Some communities may feel not as valued as others as not all  neighborhoods would be able to have a local display. •Drive‐In Display: •Finding largest available lot to do “first come first served” park and  watch location.  Could offer 2 different showings on the 3rd and 4thto  serve more people. •Could cause more traffic concerns / issues for those who want to view  fireworks outside the drive‐in area.  Clearwater does not have any  overly large parking areas where we could house more than a few  hundred vehicles. Additional  Options Cont. •Other communities across the state have post‐poned or canceled their Fireworks Displays. •Engage with Phillies/Threshers to potentially host a  more controlled “ticketed” fireworks event. •Modified version of annual “Clearwater Celebrates  America” at Coachman Park is an option but we fear  it could be hard to control the size of the crowd that  would attend. •Virtual/Livestream just Clearwater’s fireworks display  on a smaller, more local level. •Our Fireworks Vendor (Pyrotecnico) is looking for us  to give them direction for our preferred option by  Monday, June 1st. 5 6 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7794 Agenda Date: 5/21/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Schedule a special council meeting on Thursday, June 11 at 9:00 a.m. for the purpose of a strategic planning session. SUMMARY: Council Policy 3-12 states, “Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated.” Staff is recommending holding this session on June 11, 2020 at 9:00 a.m. in council chambers. Page 1 City of Clearwater Printed on 5/21/2020 CaII, Rosemarie From: Sent: To: Cc: Subject: Chester Elias <celias@advangrp.com> Thursday, May 21, 2020 9:05 AM ClearwaterCouncil Chester Elias strategic planning schedule CAUTIO# is email originated: from outside ofthe Cil recognize the sender and know the content is safe. Clearw; er. Do not click links or open attachments unless you I see the Strategic Planning session is scheduled for Thursday, June 11th, 9:OOAM. It seems to me that such an important subject should be scheduled in the evening as opposed to early morning, when most people are at work. In order to provide the greatest opportunity for those Clearwater residents who are interested in the future welfare of the City I hope you would consider changing from a morning schedule to an evening schedule. Thanks for your consideration to my request. Bud Elias Chester "Bud " Elias Jr. 2555 Enterprise Road 11-3 Clearwater, FI 33763 727-796-9660 (0) 727-692-3803 (C) 727-726-8393 (F) 1 Call, Rosemarie From: Sent: To: Cc: Subject: Samuel <hutloan@aol.com> Thursday, May 21, 2020 10:02 AM ClearwaterCouncil Hibbard, Frank Suggestion N::This email originated from outside of the City of Clearwater. Do not click links or open attachment e the sender and know the content is safe. The agenda for tonight's council includes Agenda item 11.2 "scheduling a special council meeting on Thursday June 11 at 9:00 am for the purpose of a strategic planning session." By Council policy, this meeting is required annually. Can I make a suggestion that this type of meeting be held at times when most working people can attend. Later in the day 6pm maybe ? Thank you for this consideration. Samuel Hutkin President Clearwater Beach association 610-761-7662 r/Samuel 1 CaII, Rosemarie From: Linda Lee <gerrylee316@gmail.com> Sent: Thursday, May 21, 2020 12:05 PM To: ClearwaterCouncil Subject: Agenda item 11.2 CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do not have this meeting during business work hours Please have this meeting, like the Council Meeting starting at 6pm in the evening This is an important meeting and the evening hours provide more opportunities for more people to attend and voice their concerns/opinions CaII, Rosemarie From: Sent: To: Subject: Robert and Kathleen Agnew <bk3155@yahoo.com> Thursday, May 21, 2020 10:21 AM ClearwaterCouncil strategic meeting schedule is email originated from outside ofthe City of Clearwater. Do not click links' size the sender and know the content is safe. attachments unlei Good Morning Council Members, Would it be possible for the Strategic Planning Meeting to be held at 6 or 7PM rather than at 9AM so more members of the City of Clearwater might be available to attend in real time? This year coming could prove to be a challenge and people may be more aware than in previous years. I know it is an annual event but this year, most recently, has been tough for so many it would be nice to have as many people as possible able to attend. With thanks, Kathleen Agnew 3155 Masters Drive Clearwater 33761 1 Call, Rosemarie From: Doris Reeves-Lipscomb<doris.reeves.Iipscomb@gmail.com> Sent: Thursday, May 21, 2020 12:56 PM To: ClearwaterCouncil Subject: Annual Strategic Planning Session CAUTION: This email originated from outside of the City of Clearwater. Do not click links or recognize the sender and know the content is safe. open attachments unl Dear City Council, Please consider holding your planning session in the evening to allow more citizens to observe/attend. Most people still have to work during the day making it impossible for them to keep up with your planning activities. Thank you. My best regards, Doris Reeves -Lipscomb Doris Reeves -Lipscomb 727.723.7714 My maxim: Life is not a dress rehearsal Mary Oliver's question: What is it you plan to do with your one wild and precious life? 1 Call, Rosemarie From: Sent: To: Subject: billjonson@usa.net Thursday, May 21, 2020 3:28 PM ClearwaterCouncil Clearwater Council Agenda Proposed Strategic Planning Special Meeting - Agenda Item 11.2 email originated from outside of theatY af-Cle ender and know the content is safe. not click linksor openattachments One Councilmembers, Agenda item 11.2 is "scheduling a special council meeting on Thursday June 11 at 9:00 am for the purpose of a strategic planning session." I suggest that such an important meeting should be scheduled in the evening to allow more members of the public to attend and provide comments. The strategic plan becomes the basis for all City work for the following year — a very important document. 1 would further suggest that one of the inputs to this session be the National Community Survey which you commissioned for Clearwater last year. Best wishes. Bill Jonson 2694 Redford Ct. W. Clearwater, Florida 33761 727-786-3075 Bill.ionson@usa.net 1 CaII, Rosemarie From: Sent: To: ronnie white <ronwhite3206@gmail.com> Thursday, May 21, 2020 4:01 PM ClearwaterCouncil CAL ION ThIs email originated from outside of the City recognizethe sender and know the content is safe. of Clearwater. Do not click links or open attachments unle! In the future be great to have these important meetings in the afternoon this is a big decision for our City. Thanks 1