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11/16/2020Monday, November 16, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda November 16, 2020Council Work Session Work Session Agenda 1. Call to Order 2. Presentations November Service Awards2.1 3. Finance Approve a Claims Service Contract with Sedgwick Claims Management Services of Nashville, TN, in the not-to-exceed amount of $100,000 for a one-year term from October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (l) (i), Exempt From Bidding, and authorize the appropriate officials to execute same. (consent) 3.1 4. Gas System Authorize the award of Invitation to Bid 47-20, Mobile Natural Gas Tank Services to Marlin Gas Services, LLC of Springhill, FL for an initial annual amount not-to-exceed $250,000.00 with the option for two, one-year term extension options at $150,000 annually and authorize the appropriate officials to execute same. (consent) 4.1 Approve an Annual General Permit with Pinellas County to construct and maintain natural gas facilities and authorize the appropriate officials to execute same. (consent) 4.2 Ratify and confirm a Purchase Order, in the amount of $137,304, with Technico of Lake Worth, FL for the purchase of natural gas meters and authorize the appropriate officials to execute same. (consent) 4.3 5. Parks and Recreation Approve First Amendment to Revocable License Agreement between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to modify the license area of the agreement and authorize the appropriate officials to execute same. (consent) 5.1 6. Engineering Page 2 City of Clearwater Printed on 11/13/2020 November 16, 2020Council Work Session Work Session Agenda Approve City of Clearwater staff request to vacate a 30-foot right-of-way easement described as The South 280’ of the East 30’ of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57’ 24” E, a distance of 200.00’ to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00’, thence S 00° 20” 15” E, a distance of 300.00’, thence N 89° 57’ 24” W, a distance of 100.00’, thence N 00° 20’ 15” W, a distance of 300’ to the Point of Beginning, as recorded in O.R. Book 5870, Page 761 of the Public Records of Pinellas County, Florida, and pass Ordinance 9429-20 on first reading. 6.1 Approve City of Clearwater staff request to vacate a 20-foot drainage and utility easement and a 15-foot drainage and utility easement described, correspondingly as The North 20’ and South 15’ of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57’ 24” E, a distance of 200.00’ to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00’, thence S 00° 20” 15” E, a distance of 300.00’, thence N 89° 57’ 24” W, a distance of 100.00’, thence N 00° 20’ 15” W, a distance of 300’ to the Point of Beginning, as recorded in O.R. Book 5858, Page 1539 of the Public Records of Pinellas County, Florida, and pass Ordinance 9430-20 on first reading. 6.2 Approve City of Clearwater staff request to vacate portions of a 15-foot drainage and utility easement and a 10-foot drainage and utility easement described, correspondingly as The East 15’ of the West 545’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 285’ AND The East 10’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 330’, as recorded in O.R. Book 4082, Page 117 of the Public Records of Pinellas County, Florida, and pass Ordinance 9431-20 on first reading. 6.3 Approve City of Clearwater staff request to vacate a 20-foot drainage and utility easement described as The North 20’ of the East 200’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, as recorded in O.R. Book 5950, Page 1028 of the Public Records of Pinellas County, Florida, and pass Ordinance 9432-20 on first reading. 6.4 Accept Sovereignty Submerged Land Lease Renewal 520345063 with the Florida Department of Environmental Protection, Bureau of Public Lands for use of state-owned land under three boat slips to be used for mooring rescue vessels at 700 Bayway Blvd and authorize the appropriate officials to execute same. (consent) 6.5 Page 3 City of Clearwater Printed on 11/13/2020 November 16, 2020Council Work Session Work Session Agenda Accept a Sidewalk Easement from Modern Estates, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 635 Woodlawn Street and adopt Resolution 20-55. 6.6 7. Fire Department Approve a professional services agreement and a work order with Wannemacher Jenson Architects, Inc. (WJA) of St. Petersburg, FL, per RFQ 31-20, for Fire Station 47 in the amount of $445,869 and authorize the appropriate officials to execute same. (consent) 7.1 Approve the CARES Act Funding Agreement between Pinellas County and the City of Clearwater for public assistance support for COVID-19 expenditures and allow the City Manager or designee to enter into, approve, and execute same and any future modifications for COVID-19 expenditures. (consent) 7.2 8. Planning Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2079 Burnice Drive, and pass Ordinances 9396-20, 9397-20, and 9398-20 on first reading. (ANX2020-06006) 8.1 Approve a Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve pursuant to Beach by Design, authorize the appropriate officials to execute same, and adopt Resolution 20-39. (HDA2020-08003; 309 Coronado Drive) 8.2 Approve a Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of two units from the Hotel Density Reserve pursuant to Beach by Design, authorize the appropriate officials to execute same and adopt Resolution 20-40. (HDA2020-004002; 309 Coronado Drive) 8.3 9. Information Technology Approve a purchase order with Carousel Industries, Inc. for purchase and installation of a VESTA 9-1-1 Portable Command Post in the amount of $117,906.94, annual maintenance of Avaya software and hardware for the City’s PBX phone switch in the amount of $71,000, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids, and authorize the appropriate officials to execute same. (consent) 9.1 Page 4 City of Clearwater Printed on 11/13/2020 November 16, 2020Council Work Session Work Session Agenda 10. Marine & Aviation Approve Joint Participation Agreement (JPA) G1093 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), authorize the appropriate officials to execute same, and adopt Resolution 20-58. 10.1 11. Official Records and Legislative Services Advisory Board Discussion11.1 12. Legal Approve an amendment to the subordination agreement entered on September 1, 2016 among Branch Banking and Trust Company (BB and T), Clearwater Marine Aquarium, and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 12.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-60.12.2 Request for authority to settle case of City of Clearwater v. The Estate of Hotmire, et al., Case No. 18-8368-CI. (consent) 12.3 Request for authority to settle the case of City of Clearwater v. H and S Realty and Property, Inc., et al., Case No. 19-2452-CI. (consent) 12.4 Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Eta and adopt Resolution 20-61. 12.5 Adopt Ordinance 9413-20 on second reading, amending Section 33.055 of the Clearwater Code of Ordinances to limit a vessel’s daily hours of occupancy of certain non-leased public dock slips. 12.6 Adopt Ordinance 9414-20 on second reading, amending Chapter 2, Article III, Division 5 of the Clearwater Code of Ordinances relating to the Downtown Development Board, amending definitions; amending the Statement of Policy and Findings of the Downtown Development Board; amending the boundaries of the Downtown Development Board; amending referenda and elections process; amending eligibility requirements to vote in freeholders’ elections; amending the bylaws, quorum and meeting requirements for the Downtown Development Board; amending the functions and powers of the Downtown Development Board; and creating a voting conflict of interest requirement. 12.7 Page 5 City of Clearwater Printed on 11/13/2020 November 16, 2020Council Work Session Work Session Agenda Adopt Ordinance 9415-20 on second reading, vacating a Drainage and Utility Easement described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9 and 10 as recorded in Plat Book 4, Page 82 of the Public Records of Hillsborough County, of which Pinellas County was once a part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way as recorded in Official Records Book 6626, Page 429 of the Public Records of Pinellas County, Florida. 12.8 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 15. Council Discussion Item Call-ins after COVID - Councilmember Beckman15.1 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting November Service Awards19.1 Page 6 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8383 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: November Service Awards SUMMARY: 5 Years of Service Laura Burgess Library Florence Concklin Library Travis Presley General Services Gerard Burney Public Utilities Maria Scott Solid Waste Dieunice Deris Equity Services Stephanie Catlyn Library Karlen Harrison Kane Library Kyle Gaines General Services Jason Slanina Fire Sarah Cornacchione Library 10 Years of Service Chaddrick Cann Solid Waste Leonardo Aragones Parks & Recreation Steven King Police Susan Becotte Police 15 Years of Service Konrad Ciolko Fire Chrystal Ryals Human Resources Anita Vincent Finance Paul Cooper Utility Customer Service Amber Nahorodny Police John Garakop Solid Waste 25 Years of Service Regina Dewitt Legal 30 Years of Service Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8383 Lisa Perkins Gas Page 2 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8406 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve a Claims Service Contract with Sedgwick Claims Management Services of Nashville, TN, in the not-to-exceed amount of $100,000 for a one-year term from October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (l) (i), Exempt From Bidding, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department is seeking renewal of the one-year contract, from October 1, 2020 through September 30, 2021, with Sedgwick Claims Management Services to provide supplementary claims services. The supplemental services for adjustment and administration of city liability and property claims will be beneficial to have in place if excessive claims are received due to a disaster, storm, or other extenuating circumstances. This renewal contract has no changes in terms and/or pricing from the previous year. Risk Management has retained Sedgwick Claims Management Services in the past to fill in for staff shortages and they have provided professional and excellent claims services. This contract will provide Risk Management and the City greater effectiveness and flexibility in the investigative and fiscal management of our Liability and Property claims. APPROPRIATION CODE AND AMOUNT: Account # 5909830-530300 $100,000 Page 1 City of Clearwater Printed on 11/13/2020 Southeast Regional Office Nashville, TN 1 CLAIMS SERVICE CONTRACT City of Clearwater, FL (hereinafter referred to as “Client”) located at 100 S. Myrtle Avenue, Clearwater, FL agrees that Sedgwick Claims Management Services, Inc. (hereinafter referred to as “Contractor” or “Sedgwick”) located at 8125 Sedgwick Way, Memphis, TN 38125, will provide claims administration services for Client’s Auto & General Liability claims reported from October 1, 2020 to and including September 30, 2021. WITNESSETH THAT: 1. WHEREAS, Client has elected to administrate its claims program in the State(s) of Florida. 2. WHEREAS, Contractor provides claims administration and other related services. 3. WHEREAS, Client has selected Contractor to provide designated services for the described program. 4. NOW, THEREFORE, be it agreed that Client and Contractor have agreed to enter into this Contract. I. DUTIES AND OBLIGATIONS OF CONTRACTOR A. Contractor shall investigate, evaluate and handle each claim reported under this Contract until each claim is concluded or this contracted relationship Southeast Regional Office Nashville, TN 2 between Client and Contractor expires, whichever occurs first (hereinafter referred to as “Claim Handling Obligation Period”). B. Contractor shall have lump sum settlement authority of $ - 0 - per claimant. C. Contractor will provide a Client Service Representative to be the interface for set-up and ongoing relations with Client. II. DUTIES AND OBLIGATIONS OF CLIENT A. Client agrees that all claims occurring during the term of this Contract will be reported to the Contractor, unless otherwise agreed with Client. Client will provide all information relevant to Client’s claims to Contractor in order for Contractor to fulfill its duties and obligations as set out in this Contract. B. Client agrees to compensate Contractor for Services at the rate of $147.00 per hour. In addition, the following fees will also be charged: (1) Ordinary Office Expenses will be calculated at 18% of Services, has been waived for this contract (2) Reporting Purpose Only Fee will be 85.00 per file, and (3) Any applicable sales taxes or other jurisdiction fees. All invoices are due and payable to Sedgwick, 2897 Momentum Place, Chicago, IL 60689, within twenty (20) days of Contractors invoice date. Service Fees exclude any claim handled outside the Continental United States, which will be handled for Time and Expense at Contractor’s prevailing rates at time and place of activity. Southeast Regional Office Nashville, TN 3 Service Fees exclude “Allocated Expenses”, including those provided direct by Contractor, all of which will be paid by Client. “Allocated Expenses” include the following: • Attorneys, court costs, fees for service of process and other related expenses • Independent medical exams and medical records/reports • All outside activity to complete field investigation by Contractor’s adjusters • Outside experts and sub-contractors, including private investigation • Transcripts and public records • Depositions, court reporters, video statements, and transcription costs • Other extraordinary expenses including but not limited to photocopying (excess of 25 copies per file), travel, express mail, public records and similar expenses as may be incurred by Contractor in fulfilling its obligation Client agrees that Contractor will have the right to renegotiate the Service Fees in the event of statutory, regulatory or judicial changes that require additional activities not contemplated at the inception of this Contract. Service fees will not exceed $100,000.00 for this contract period. C. Client reserves right to take over the handling and control of any claim at any time for any reason but with no expense or reduction in claim service fees or allocated claim expenses incurred by Contractor. Southeast Regional Office Nashville, TN 4 D. Client agrees that closed files will be retained in their existing state at time closed for a period of three years from date of last file activity by Contractor; after which, at Client’s option, files will be either returned to Client at Client’s expense, or stored at Contractor’s prevailing monthly fee which will be billed to Client. III. MUTUAL DUTIES AND OBLIGATIONS A. Reciprocal Indemnity Agreements 1. Client agrees to defend, indemnify and hold harmless Contractor against all claims, demands, proceedings, actions, damages, costs and expenses to which Contractor may be subjected as a consequence of fulfilling its obligations under this Contract or as directed by Client or its employees, if not caused solely by the negligent acts, errors or omissions of Contractor. 2. Contractor agrees to defend, indemnify and hold harmless Client against all claims, demands, proceedings, actions, damages, costs and expenses to which Client may be subjected solely as a consequence of negligent acts, errors or omissions of Contractor. B. Excess Reporting. Contractor will not assume the responsibility for notification to any excess insurance carrier of claims, however, reports will be provided as required. C. Cancellation. Either party may cancel this Contract hereto upon the happening of any of the following events: Southeast Regional Office Nashville, TN 5 1. Sixty (60) days with prior written notice; 2. Immediately upon bankruptcy, insolvency or reorganization for the benefit of creditors of either party; 3. Immediately upon default in the payment of any indebtedness under this Contract; 4. Immediately upon failure of either party to remedy a breach of contract and provide evidence thereof within thirty (30) days after receipt of written notice from the other party. This right of cancellation belonging to either may be exercised without prejudice to any other remedy to which it may be entitled at law or under this Contract. D. Arbitration. Any controversy or claim arising out of this Contract, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any claim made as a result of the relationship established by this Contract must be initiated by either party within four years from date of Contract expiration. E. Notices. Notices to be given under this Contract shall be in writing and shall be deemed sufficient if delivered to the addresses of the parties to this Contract as stated in this Contract. F. Governing Law. This Contract shall be governed by the laws of the State of Florida. Southeast Regional Office Nashville, TN 6 G. Amendment. This Contract may be modified or amended only in writing and signed by both parties to this Contract. H. Severability. Should any provision of this Contract be declared or determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal part, term or provision shall be deemed not to be a part of this Contract. I. Entire Contract. This Contract, together with the exhibits attached hereto, constitutes the entire Contract between the parties with respect to the subject matter hereof, and other written or oral prior agreements, contracts, proposals, representations, statements, negotiations, understandings, or assurances, are superseded hereby. Southeast Regional Office Nashville, TN 7 IN WITNESS WHEREOF, Client and Contractor have caused this Contract to be executed by persons authorized to act in their respective names. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Dick Hull Rosemarie Call Assistant City Attorney City Clerk Sedgwick Claims Management Services, Inc. (Contractor) By:___________________________________ Michael V. Shook Senior Vice President 07/01/19 RCH Southeast Regional Office Nashville, TN 8 Exhibit – One SECTION B IS ONLY REQUIRED IF THE VENDOR IS ACTING AS AN AGENT OF THE CITY, OTHERWISE DELETE SECTION B. THIS IS A VERY RARE OCCURENCE, PLEASE CHECK WITH YOUR ATTORNEY IF YOU ARE NOT SURE. A. Retention of Records: The Consultant will be required to comply with Section 119.0701, Florida Statutes, specifically to: a. Keep and maintain public records required by the City of Clearwater to perform the service; b. Upon request from the City’s Custodian of Records, provide the City of Clearwater with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of Southeast Regional Office Nashville, TN 9 the contract if the contractor does not transfer to the City of Clearwater; and d. Upon completion of the contract, transfer, at no cost, to the City of Clearwater all public records in possession of the contractor or keep and maintain public records required by the City of Clearwater to perform the service. If the Consultant transfers all public records to the City of Clearwater upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Clearwater, upon request from the City of Clearwater’s Custodian of Public Records, in a format that is compatible with the information technology systems of the City of Clearwater. Southeast Regional Office Nashville, TN 10 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROSEMARIE CALL AT 727-562- 4090, rosemarie.call@myclearwater.com, and/or 112 S. Osceola Ave., Clearwater, FL, 33617 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8275 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 47-20, Mobile Natural Gas Tank Services to Marlin Gas Services, LLC of Springhill, FL for an initial annual amount not-to-exceed $250,000.00 with the option for two, one-year term extension options at $150,000 annually and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 47-20, Mobile Natural Gas Tank Services was released on July 29, 2020 with two submissions received on September 3, 2020, but only one submission being deemed responsive. After further review, Marlin Gas Services, LLC was determined to meet the requirements of the solicitation at competitive market prices. The purpose for this bid is to provide portable compressed natural gas (CNG) tanks to serve Clearwater Gas System (CGS) customer locations that currently do not have a permanent gas main installed and to have tanks available in the event of an emergency. These two categories are outlined below: 1)Emergency Services: Provide CNG tanks in the event of a pressure loss on CGS gas distribution system that impacts a particular area. An example of this would be a contractor that hits a CGS gas main in the right-of-way that could potentially cause an outage in an existing neighborhood and/or commercial corridor. Estimated annual amount: $30,000 2)Known Project Sites: To provide CNG backup to existing areas where CGS currently does not have a natural gas distribution main. Currently CGS has two projects that meet these criteria: a.Bexley/Del Webb subdivision (Pasco County): CGS still needs to extend the distribution main approximately one mile, along Tower Rd (aka Bud Bexley Parkway), to serve the Del Webb community. This project is estimated to be complete by March 2021. Estimated amount: $100,000 b.US Highway 41 road widening project (Pasco County): CGS has a one-way feed of gas supply that serves approximately 1,800 customers downstream of a future road construction project along US Hwy 41, just south of State Road 52. This feed serves the Connerton and Lakeshore Ranch subdivisions. If a contractor hits a CGS gas line, CGS may potentially loose gas pressure, resulting in the loss of all customers downstream of the hit. If this happens, it will require gas technicians to manually shut-off of each meter account and re-initiate services once the repair is made and line pressure is restored. This is a multi-year road project. Estimated Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8275 annual amount: $120,000 Clearwater Gas System is currently utilizing Marlin Gas Services’ CNG tankers to serve the Del Webb subdivision as this residential neighborhood is currently not connected to our distribution system. The original purchase order was approved in March 2019 at $40,000. Subsequently, the City Council has approved additional increases, totaling $355,000 for the period March 2019-November 2020. After discussions with the city Finance Department, it was decided to competitively bid this service as there are other CNG providers in the US. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232078-531300 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/13/2020 - October 30, 2020 NOTICE OF INTENT TO AWARD Clearwater Gas System and Procurement recommend award of ITB No. 47-20, Mobile Gas Tank Services, to Marlin Gas Services, LLC, the lowest most responsible bidder, in accordance with the bid specifications, an initial annual amount not-to-exceed $250,000 with the option for two (2), one (1) year term extension options at $150,000 annually. This Award recommendation will be considered by the City Council at the November 16, 2020 Work Session (9:00 a.m.) and voted on at the November 19, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst, Eryn Berg at (727) 562-4633, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst CITY OF CLEARWATER ITB # 47-20, MOBILE NATURAL GAS TANK SERVICES DUE DATE: August 25, 2020; 10:00 AM BID TABULATION Item No. Description Est. Quantity Unit of Measure Unit Price (UOM) Total Price 1A EMERGENCY SERVICES EQUIPMENT CHARGE; including trailers, tractors, regulation units, service vehicles 1 Per Day $5,050.00 $ 5,050.00 1B EMERGENCY SERVICE LABOR RATE 1 Per Hour $150.00 $ 150.00 1C EMERGENCY SERVICES MOBILIZATION/DEMOBILIZATION 1 Per Trip $3,310.00 $ 3,310.00 2A PROJECT SITE EQUIPMENT CHARGE; including trailers, tractors, regulation units, service vehicles 1 Per Month $8,200.00 $ 8,200.00 2B PROJECT SITE LABOR RATE 1 Per Hour $150.00 $ 150.00 2C PROJECT SITE MOBILIZATION/DEMOBILIZATION 1 Per Trip $2,160.00 $ 2,160.00 3 GAS COMMODITY RATE (cost plus fixed fee mark-up rate) 1 DTH $3.55 $ 3.55 4 TANK REFUELING MILEAGE RATE 1 Per Mile $3.50 $ 3.50 NOTE: There were no submittals received by Certified Small Business, Minority, Woman or Disadvantaged Business Enterprise Certifying Agencies on this Invitation to Bid. REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. Marlin Gas Services - 15032 Hudson Ave, Springhill, FL 34610 Page 1 of 1 LITTLE ROADST A TE RO A D 54SUNCOAST PARKWAY SBNSUNCOAST PARKWAY NBNSUNCOAST TRAILLAND O LAKES BOULEVAEHRENCUTOFFRIDGE ROAD STARKEY PARK BIKE T RLAKE DRIVECOLLIER PARKWAYB U D BEXLE Y P A R K W A YSTARKEY BOULEVARDLAK E V IEW DR IVEOSCEOLA DRIV ER AM P AL I C O PAS S DECUBELLIS ROAD TOWER ROADDREXEL ROADPARKW AY B OUL EVARDSUNLAKE BOULEVARDHILLTOP DRIVEHAL E RO A DUS HIGHWAY 41CONNERTON BOULE VARD LON G SPUR HAYS ROADLAKE PATIENCE ROAD OAKS BOULEVARDPUMP STATION ROAD OSTEEN ROADHICKS ROADJASMINE BOULEVARDCANTON AVENUECASEY DRIVE LEONARD ROAD LAKE B L A N C H E D R I V E T RINIT Y BOULEVA R D PINTO DRIVE STAR TRAIL SCHOOL ROADB A R B O U R T R AIL TAM I TR A IL BELL LAKE ROADBRUIN DR IV EBEXLEY ROADRAINBOW LANEATLEE STREETSECRETARIAT ROADASBEL ROAD WILSON ROADINTERLAKEN ROAD DRIVER LANELAC EY DRI V E JOY DRIVEAMAZON DRIVE DOVE ROA D LOCKET AVENUE XENIA STREETBAHIA LOOP DUSTY LANE TEESIDE DRIVEEHREN CEMETERY ROADHUNT ROADNATURE TRAI LROSS LANE ROSE LAND DRIVE TOUR TRACE CHIP LANE HI D E O U T T R AIL MOREHEAD LANEKEY LIME DRIVEMARTHA LANELINDY LANE MOON LAKE ROADSPLIT RAIL LANE ALVERNON DRIVE MA RSH A D R I V E GL ENAP P DRI VE WILSKY ROADBAYONET LANEROCOCO ROA D ROACHE S RUN BALOUGH ROADWEASEL DRIVETROVITA ROADPIPER DRI V E OUTLAW WAY STATE ROAD 54 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8443 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve an Annual General Permit with Pinellas County to construct and maintain natural gas facilities and authorize the appropriate officials to execute same. (consent) SUMMARY: This permit will allow Clearwater Gas System (CGS) to install and maintain natural gas mains and service lines within the Pinellas County right-of-way that are placed more than five feet from the back of curb or edge of road pavement. This permit covers regular and recurring activities and specifies the construction standards for installation of our gas infrastructure. All other gas work outside the scope of this General Permit will require a Specific Utilization Permit for each job/project prior to commencement. Section five of this General Permit contains language that indemnifies Pinellas County against any damage claims resulting from negligence caused by CGS. However, our limitation and protection under Section 768.28 of the Florida Statutes is not waived. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in project 96377, Pinellas New Mains and Service Lines. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8446 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Ratify and confirm a Purchase Order, in the amount of $137,304, with Technico of Lake Worth, FL for the purchase of natural gas meters and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff is requesting Council to ratify and confirm a Purchase Order with Technico for the purchase of 1,300 Itron-250 cubic feet per hour (cfh) natural gas meters to serve our residential customers. This PO was approved by the City Manager on October 29, 2020. The Itron-type meters were originally included as a line item in Bid #25-20 (Gas Meters and Regulators), however, no vendor supplied a bid for this type of gas meter. In July 2020, staff found out Technico was the authorized distributor for this type of meter. In addition, staff received notice in September 2020 these meters were being discontinued and the last day to order was October 31, 2020. CGS has approximately 1,500 Itron-Automated Meter Reading (AMR) Endpoints that will only attach to this meter. However, staff only ordered 1,300 meters, in order to keep 200 endpoints in stock for miscellaneous repairs/replacements on existing meters in the field. The Itron meters are priced at $102.33/each, which is higher than the current bid price of $80.70/meter for a different style 250cfh meter under Bid 25-20, resulting in an increased cost of $28,119. However, the Itron-AMR endpoints are valued at $62.11 per endpoint; it was important to secure these meters in order to avoid declaring the endpoints surplus at a loss of $93,170. Cost Summary: $133,029 - 1,300 qty Itron 250cfh @ $102.33/meter $ 3,300 - Shipping costs (est.) $ 975 - 650 qty Compensating index (2psi) @ $1.50/each Total PO: $137,304 APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in capital projects 96367, Pinellas Meter Changeout; and 96379, Pasco Meter Changeout. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/13/2020 Product Information Letter Confidential Information of Itron®, Inc., provided under nondisclosure obligations. Copyright © 2020 Itron, Inc. All rights reserved. Itron is a registered trademark of Itron, Inc. All other product names and logos in this documentation are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. For more information about Itron or Itron products, visit www.itron.com. 10 September 2020 PIL-20-1247 REV 000 Itron, Inc. Page 1 of 2 PIL-20-1247 Product Lines: METRIS and I-250 Diaphragm Gas Meters Distribution: Itron Internal Distributors / Manufacturer Reps Customers End of Life Announcement for METRIS® and I-250 Gas Meters • Effective 30 March 2021, Itron will end production of all METRIS Gas Meters • Effective 31 December 2021, Itron will end production of all I-250 Gas Meters For decades, Itron has successfully designed and manufactured state-of-the-art mechanical meters for the gas industry. Itron’s dedication to meeting our customers’ evolving needs with innovative solutions has led us to transition towards the Intelis Gas Meter platform’s next generation of gas measurement technology. This transition brings the end of production for all METRIS and I-250 gas meters. Itron will pivot its research and development efforts towards expanding its solid-state metering portfolio while maintaining a strong focus on delivering solutions that improve operational efficiency and ensure the safe and reliable delivery of natural gas. Itron is committed to supporting you during this transition with a last-time buying opportunity. Refer to the following table for important dates for the residential diaphragm gas meters. Type Last ordering date Last manufacturing date End of support METRIS® 31 October 2020 30 March 2021 30 March 2023 I-250 31 October 2020 31 December 2021 31 December 2023 Note that our manufacturing capabilities will be constrained as we end the 250-class diaphragm meter’s production. Our teams will do their best to acknowledge and serve any remaining demand. Product Information Letter 10 September 2020 PIL-20-1247 REV 000 Itron, Inc. Page 2 of 2 End of Support Itron will support METRIS gas meters under standard warranty conditions until 30 March 2023, unless otherwise stated in customer contracts. Itron will support I-250 gas meters under standard warranty conditions until 31 December 2023, unless otherwise stated in customer contracts. For further questions, please contact your Itron sales representative. Julie Watson Product Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8437 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve First Amendment to Revocable License Agreement between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to modify the license area of the agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The City initially entered into an agreement with Sunsets at Pier 60 Society Inc. (Sunsets) in 1995 to provide and promote tourism on Clearwater Beach through its nightly festival known as “Sunsets at Pier 60.” On September 25, 2019, the City entered into a new Revocable License Agreement with Sunsets to continue providing festivals on portions of Pier 60, Pier 60 Park, and Beachwalk. This amendment is needed to correct the license area used by Sunsets to coincide with the city’s current agreement with FDEP as it relates to Pier 60. The agreement with FDEP allows the City to lease and use state owned submerged lands for a fishing pier, bait house, and passive recreation. The current license agreement with Sunsets encroaches on submerged land regulated by the State. The amendment corrects this issue by adjusting the area of use on Pier 60 for Sunsets. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/13/2020 REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF CLEARWATER AND SUNSETS AT PIER 60 SOCIETY, INC. This License Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Sunsets at Pier 60 Society, Inc., d/b/a Sunsets at Pier 60 Day Festival, whose address is: P.O. Box 3595, Clearwater, FL 33767, hereinafter referred to as the Agency. WHEREAS, since 1995 the Agency has provided a valuable service to the City by promoting tourism on Clearwater Beach through its nightly festival ("Festival") known as "Sunsets at Pier 60" as well as other events such as the Sugar Sand Festival and films in the park; and WHEREAS, the City desires to continue this partnership of providing a revocable license for portions ofPier 60, Pier 60 Park and Beachwalk; and WHEREAS, the City and Agency originally entered into an agreement on March 2, 1995, providing the Festival on an ongoing basis; and WHEREAS, the City and Agency entered into a second agreement on July 1, 2009, providing the Festival on an ongoing basis; and WHEREAS, the Festival has experienced great success, and therefore the Parties mutually desire to enter into a new agreement; and NOW, THEREFORE, the Parties agree as follows: ARTICLE I. TERM, LICENSE AREA, EXCLUSIVITY 1. Term: The term of this Agreement shall be for a period of 5 years commencing on the 1st day of September 2019 and continuing through the 31st day of August 2024 ("Termination Date ") unless earlier terminated under the terms of this Agreement. 2. Options to Renew: This Agreement may be extended by mutual written agreement ofthe parties for one (1) additional period of five (5) years, on the same terms and conditions as are set forth herein. 3. License Area: Agency shall have exclusive use of the "License Area" as more particularly described in Exhibit "A" (attached hereto and incorporated herein) only for the purposes of conducting the Festival and only to the extent provided for in this Agreement. The Agency's exclusivity of the License Area is subject to the occupation by parties with which the City has entered into agreements to provide services and activities other than the Festival. 1 ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: Weather permitting, the Agency shall provide a Festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach. a) Programs: The Agency shall provide a nightly Festival at Pier 60 Park by providing activities such as: i) Arts and Crafts Vendors ii) Entertainment (music, concerts, dance, etc.) iii) Entertainers iv) Special event shows/activities b) Assistance to the Community: The Agency will maintain communication and interaction with the surrounding community in regard to the type of entertainment provided, noise, special activities to promote the neighborhood, etc. c) Assistance to the City: Provide Agency personnel and volunteers to coordinate and operate all functions ofthe Festival at Pier 60. d) Hours and Days of Operation: Weather permitting, the Agency will provide Sunsets at Pier 60" 7 days a week for approximately 2 hours before until 2 hours after sunset (four hours per day). e) Sunsets at Pier 60, Inc. is an independent non-profit organization and for purposes of this License is an independent contractor. This agreement shall not be construed to create a partnership, joint venture or other legal relationship between the City and Sunsets. All parties/vendors/participants of the Festival, and all actions taken by the Sunsets Board of Trustees or Sunset's management related to such parties, shall be at Sunset's sole discretion in accordance with the law and the terms of this Agreement. 2. Use of Pier 60, Pier 60 Park and Beachwalk: a) No Illegal Use: The Agency promises and agrees that it will abide by law and will make or allow no unlawful, improper or offensive use ofthe premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around Pier 60, Pier 60 Park and Beachwalk and those adjacent areas used by the Agency. b) Rules for Use: Rules and regulations governing the Festival activities may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City, other applicable law or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable vendor fees to be retained by the Agency. 2 c) Inspection by City: The Agency understands and agrees that the Festival premises may be entered and inspected at any time by the City's officers, agents and employees. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign advertising the Festival in Pier 60 Park according to City codes with prior written approval from the City at the Agency's expense. f) Structure: No permanent alterations or improvements to the Pier or Park may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. 3. Maintenance of the Premises by the Agency. a) Custodial Maintenance: During the times ofthe event and when the event is being held, the Agency shall maintain the area used by the Festival in a clean and orderly condition. b) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises as a result of its occupancy other than normal wear and tear or vandalism. 4. Payment for all Operating Expenses: a) The Agency is responsible to pay all operating expenses associated with the Festival including salaries, utilities, custodial supplies, operating supplies, entertainment contracts, advertising, refuse collection, security, etc. b) The City will provide maintenance through its Parks and Recreation and Building and Maintenance Departments for all major capital components ofthe Pier, Park and Beachwalk including painting, plumbing, electrical, concrete repairs, piling and deck repair, etc. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. 5. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes required by law, necessary to the Agency's operation at Pier 60, Pier 60 Park and Beachwalk, including but not limited to any ad valorem real property taxes, sales taxes and personal property that may be assessed against the premises during the term of this Agreement. 6. Scheduled Reports of Agency Activities: 3 The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this Agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify as an example the type of vendors displaying goods, the type of activities, programs offered, etc. 7. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities and any cash funds donated to this cause. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years, or as required by law. 8. Non-discrimination: Notwithstanding any other provisions of this Agreement during the term ofthis Agreement, the Agency for itself, agents and representatives, as part of the consideration for this Agreement, does covenant and agree that: a) Nondiscrimination: Agency understands and agrees that it will not discriminate on the basis of race, color, religion, sex, national origin, or any other protected class in accordance with state or federal law. Agency agrees to maintain reasonable accommodation and access for persons with disabilities, as required by law. b) Inclusion in Subcontracts: The Agency agrees to include and the requirement to adhere to the Civil Rights Act of 1964 in all approved sub -contracts. c) Breach of Nondiscrimination Covenants: In the event of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this Agreement immediately. 9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 10. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks ofproviding the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the 4 generality of the foregoing, death of any person and loss of the use of any property. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 11. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the License Area by the Agency including all activities occurring thereon. b) An Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with Sections 11 (a) and (b) shall have minimum coverage limits of $1,000,000. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) Worker's Compensation. Coverage shall apply for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. f) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Parks and Recreation Director before execution of this Agreement by authorized City officials. The Agency shall provide a copy of any or all insurance policies upon request by the City. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: The City, for fiscal year 2019/2020, will provide a grant of $18,000 to the Agency to assist in funding Agency activities and expenses as identified in this Agreement. Grants for future years of this Agreement are subject to annual budget 5 approval by the City Council, with the goal of reducing this cash subsidy by $6,000 per year until it is reduced to zero for fiscal year 2022/2023. 2. Grant of In -Kind Services: a) The City agrees to provide beach, lawn and landscape maintenance services for all areas on Pier 60 and surrounding park property at the City's discretion and as annual budgets allow. b) The City will provide maintenance through its Building and Maintenance and Parks and Recreation Departments for all major capital components of Pier 60, Pier 60 Park, and Beachwalk. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. d) The City will allow the Agency to use an agreed upon inventory of existing furnishings remaining on site i.e. chairs, tables, etc. Agency will be responsible for maintenance and replacement of items if needed. 3. City Liaison: The Recreation Special Events Division of the City of Clearwater will serve as the City Liaison for the Agency. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION/ASSIGNMENT 1. With or Without Cause: Either party may terminate this Agreement by providing fifteen (15) days written notice to the other party. 2. For Municipal Purpose: The City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving fifteen (15) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. 3. This Agreement is not assignable. Any attempt to assign this Agreement shall render this Agreement immediately null and void in its entirety. 6 ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand -delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth 5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to Sunsets at Pier 60 Society, Inc., President, P.O. Box 3595, Clearwater, FL 33767. ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as ofthe os` day of 2019. WITNESS WHEREOF, the parties hereto have set their hands and seals this VL -day of 2019. Countersigned: ct€t: c (,\Cft S George N. Cretekos Mayor Owen Kohler Assistant City Attorney SUNSETS AT PIER 60 SOCIETY, INC. By: Printed Name: 51-4i/6 eiettoQlc r Chief Executive Officer CITY OF CLEARWATER, FLORIDA By: Attest: Volua„,,A)414,-iat. William B. Horne, II City Manager 1 X Rosem. e Call City Clerk Exhibit A 4 la r a••@ AO. C. S ;- 14414 r jpajkt;tti.; ". Legend CCCL Existing Lease Area Proposed Lease Area Clearwater etteeivier Engyiaareq Depa00ee nDeogpl. Technology Detan 100 S. MynaRw. Clean/ate. FLWe I7ny30341760,Faxmens-ass wew.Dyna4viatw.wcm Sunsets at Pier 60 MapGen By. DOD Reviewed By: TM Date: 08/16/2011 Grid #: 310A S -T -R: 20 -29s -16e AN W PE Scale: N.T.S. Map CO DiaaI IVGIS1EngnaErng`ocanm MapValrtarSVorayna LOC Mapo i) 8 1 FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF CLEARWATER AND SUNSETS AT PIER 60 SOCIETY, INC. This FIRST AMENDMENT is made and entered into on this 19th day of November, 2020, by and between the City of Clearwater, whose address is Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the “City”, and Sunsets at Pier 60 Society, Inc., d/b/a Sunsets at Pier 60 Day Festival, whose address is P.O. Box 3595, Clearwater, FL 33767, hereinafter referred to as the “Agency”, collectively “Parties”. WHEREAS, since 1995 the Agency has provided a valuable service to the City by promoting tourism on Clearwater Beach through its nightly festival (“Festival”) known as “Sunsets at Pier 60” as well as other events such as the Sugar Sand Festival and films in the park; and WHEREAS, the City and Agency previously entered into a revocable license agreement on September 25, 2019, hereinafter referred to as the Agreement, to continue this partnership of providing a revocable license for portions of Pier 60, Pier 60 Park and Beachwalk; and WHEREAS, Article IV of the Agreement provides that the Agreement may be amended where agreed to in writing by the Parties; and WHEREAS, both the City and Agency desire to amend the License Area of the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. Article I. Section 3. License Area is hereby amended in its entirety as follows: 3. License Area: Agency shall have exclusive use of the “License Area” as more particularly described in Exhibit A.1 “A” (attached hereto and incorporated herein) only for the purposes of conducting the Festival and only to the extent provided for in this Agreement. The Agency’s exclusivity of the License Area is subject to the occupation by parties with which the City has entered into agreements to provide services and activities other than the Festival. 2. Except as changed or modified by this First Amendment, all provisions and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this _____day of ____________________, 2020. SUNSETS AT PIER 60 SOCIETY, INC. By: _______________________________ Printed Name: ___________________ Chief Executive Officer Countersigned: CITY OF CLEARWATER, FLORIDA ____________________________ By: ________________________ Frank Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: __________________________________ ______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Exhibit A.1 Mean High Water LineElev. 0.60' (NAVD 88) ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.267A 08-29s-15e10/02/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Sunsets at Pier 60Amendment to License Agreement Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\Sunsets_Pier60_Exhibit.mxd Legend CCCL License Area Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9429-20 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve City of Clearwater staff request to vacate a 30-foot right-of-way easement described as The South 280’ of the East 30’ of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57’ 24” E, a distance of 200.00’ to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00’, thence S 00° 20” 15” E, a distance of 300.00’, thence N 89° 57’ 24” W, a distance of 100.00’, thence N 00° 20’ 15” W, a distance of 300’ to the Point of Beginning, as recorded in O.R. Book 5870, Page 761 of the Public Records of Pinellas County, Florida, and pass Ordinance 9429-20 on first reading. SUMMARY: This right-of-way easement vacation is a contingency in that certain Contract for Exchange of Real Property dated January 21, 2020, as amended by that certain First Amendment to Contract for Exchange of real property dated April 20, 2020 (collectively known as the Contract) between the City of Clearwater and Creative Contractors Inc. This right-of-way easement vacation will be null and void should the closing under the Contract not occur, should the properties contemplated to be exchanged therein, not be exchanged, or if for any reason the City does not reserve the new easements as provided for in the Contract. Subject to the City’s reservation of new easements as provided for in the contract, 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. City staff have reviewed the right-of-way easement vacation request and have no objection. Page 1 City of Clearwater Printed on 11/13/2020 [GM19-1313-133/261736/1] GM19-1313-133/261695/1 Ord. No. 9429-20 ORDINANCE NO. 9429-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 30 FOOT RIGHT-OF-WAY EASEMENT DESCRIBED AS THE SOUTH 280’ OF THE EAST 30’ OF THE FOLLOWING DESCRIBED TRACT: COMMENCE AT THE NE CORNER OF GULF TO BAY GARDENS AS RECORDED IN PLAT BOOK 50, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA; RUN THENCE S 89° 57’ 24” E, A DISTANCE OF 200.00’ TO THE POINT OF BEGINNING; THENCE S 89° 57’ 24” E, A DISTANCE OF 100.00’, THENCE S 00° 20” 15” E, A DISTANCE OF 300.00’, THENCE N 89° 57’ 24” W, A DISTANCE OF 100.00’, THENCE N 00° 20’ 15” W, A DISTANCE OF 300’ TO THE POINT OF BEGINNING, AS RECORDED IN O.R. BOOK 5870, PAGE 761 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) and Creative Contractors, Inc. (Creative”) entered into that certain Contract for Exchange of Real Property dated January 21, 2020 and that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020, (collectively the “Contract”, a copy of which is on file and available in the City of Clearwater Official Records and Legislative Department) which provides for the subject vacation; and WHEREAS, the Contract also provides for two (2) additional full vacations and one (1) partial vacation, (all four (4) vacations collectively referred to as the “Vacations”) which will be considered by Council of even date herewith; and WHEREAS, the Contract also provides that in its deed to Creative, the City will reserve five (5) new easements to fulfill the needs of the City created as a result of the Vacations (the “Reservations”); and WHEREAS, the Vacations and Reservations are conditioned upon the closing of the Contract and the related conveyances of real property as provided for therein; and [GM19-1313-133/261736/1] GM19-1313-133/261695/1 Ord. No. 9429-20 WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto, and incorporated herein, finds it appropriate to vacate said right-of-way easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right-of-way 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: The right-of-way easement described as follows: See Exhibit “A” (represented as Exhibit “C-1” in the Contract) is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. Further, the City of Clearwater releases all of its right, title, and interest to the right-of-way easement, contingent upon, and subject to, the following conditions precedent: 1. This vacation ordinance shall be rendered null and void and the vacation not effective if for any reason the closing on the Contract and the exchange of real property as provided for therein do not occur. 2. This vacation ordinance shall be null and void and the vacation not effective if for any reason the City does not reserve the new easements as provided for in the Contract. 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 [GM19-1313-133/261736/1] GM19-1313-133/261695/1 Ord. No. 9429-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Gulf to Bay Gardens Plat Book 50, Page 60 ELIZABETH AVENUE(Right-of-Way Varies)POINT OF COMMENCEMENT NE corner of Gulf to Bay Gardens POINT OF BEGINNING S 89° 57' 24" E 100.00'S 89° 57' 24" E 200.00'S 00° 20' 15" E 300.00'N 00° 20' 15" W 300.00'N 89° 57' 24" W 100.00' A 30' Right-of-Way Easement described as follows: The South 280' of the East 30' of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00'; thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of 300.00' to the Point of Beginning. Legal Description CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit C1 Vacation of 30' Right-of-Way Easement O.R. 5870 PG. 761Jim Benwell Tom Mahony 12/13/2019 Lgl_2019-19 1 1 17 29 S 16 E EXHIBIT A DAVID AVE ELIZABETH AVE 301 213 209 206 118 300 209 204 210 205 205 212 111 200 208 108 197 193 110 201 115 217216 212 204 201220 213 155 221 208B 2882208A AERIAL MAP ProposedRight-of-Way Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 30' Right-of-Way Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 1291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 30'280'N.T.S.Scale:10/20/2020Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9430-20 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve City of Clearwater staff request to vacate a 20-foot drainage and utility easement and a 15-foot drainage and utility easement described, correspondingly as The North 20’ and South 15’ of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57’ 24” E, a distance of 200.00’ to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00’, thence S 00° 20” 15” E, a distance of 300.00’, thence N 89° 57’ 24” W, a distance of 100.00’, thence N 00° 20’ 15” W, a distance of 300’ to the Point of Beginning, as recorded in O.R. Book 5858, Page 1539 of the Public Records of Pinellas County, Florida, and pass Ordinance 9430-20 on first reading. SUMMARY: This drainage and utility easement vacation is a contingency in that certain Contract for Exchange of Real Property dated January 21, 2020, as amended by that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020 (collectively the Contract) between the City of Clearwater and Creative Contractors, Inc. This drainage and utility easement vacation will be null and void should the closing under the Contract not occur, should the properties contemplated to be exchanged therein, not be exchanged, or if for any reason the City does not reserve the new easements as provided for in the Contract. Subject to the City’s reservation of new easements as provided for in the contract, 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. City staff have reviewed the drainage and utility easement vacation request and have no objection. Page 1 City of Clearwater Printed on 11/13/2020 [GM19-1313-133/261740/1] GM19-1313-133/261711/1 Ord. No. 9430-20 ORDINANCE NO. 9430-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 20 FOOT DRAINAGE AND UTILITY EASEMENT AND 15 FOOT DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE NORTH 20’ AND SOUTH 15’ OF THE FOLLOWING DESCRIBED TRACT: COMMENCE AT THE NE CORNER OF GULF TO BAY GARDENS AS RECORDED IN PLAT BOOK 50, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA; RUN THENCE S 89° 57’ 24” E, A DISTANCE OF 200.00’ TO THE POINT OF BEGINNING; THENCE S 89° 57’ 24” E, A DISTANCE OF 100.00’, THENCE S 00° 20” 15” E, A DISTANCE OF 300.00’, THENCE N 89° 57’ 24” W, A DISTANCE OF 100.00’, THENCE N 00° 20’ 15” W, A DISTANCE OF 300’ TO THE POINT OF BEGINNING, AS RECORDED IN O.R. BOOK 5858, PAGE 1539 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) and Creative Contractors, Inc. (Creative”) entered into that certain Contract for Exchange of Real Property dated January 21, 2020 and that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020, (collectively the “Contract”, a copy of which is on file and available in the City of Clearwater Official Records and Legislative Department) which provides for the subject vacation; and WHEREAS, the Contract also provides for two (2) additional full vacations and one (1) partial vacation, (all four (4) vacations collectively referred to as the “Vacations”) which will be considered by Council of even date herewith; and WHEREAS, the Contract also provides that in its deed to Creative, the City will reserve five (5) new easements to fulfill the needs of the City created as a result of Vacations (the “Reservations”); and WHEREAS, the Vacations and Reservations are conditioned upon the closing of the Contract and the related conveyances of real property as provided for therein; and WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto, and incorporated herein, finds it appropriate to vacate said drainage and utility easements; and [GM19-1313-133/261740/1] GM19-1313-133/261711/1 Ord. No. 9430-20 WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easements are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The drainage and utility easements described as follows: See Exhibit “A” (represented as Exhibit “C-2” in the Contract) are hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. Further, the City of Clearwater releases all of its right, title, and interest to the drainage and utility easements, contingent upon, and subject to, the following conditions precedent: 1. This vacation ordinance shall be rendered null and void and the vacation not effective if for any reason the closing on the Contract and the exchange of real property as provided for therein do not occur. 2. This vacation ordinance shall be null and void and the vacation not effective if for any reason the City does not reserve the new easements as provided for in the Contract. 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 [GM19-1313-133/261740/1] GM19-1313-133/261711/1 Ord. No. 9430-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Gulf to Bay Gardens Plat Book 50, Page 60 ELIZABETH AVENUE(Right-of-Way Varies)POINT OF COMMENCEMENT NE corner of Gulf to Bay Gardens POINT OF BEGINNING S 89° 57' 24" E 100.00'S 89° 57' 24" E 200.00'S 00° 20' 15" E 300.00'N 00° 20' 15" W 300.00'N 89° 57' 24" W 100.00' Drainage and Utility Easements described as follows: The North 20' and South 15' of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00'; thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of 300.00' to the Point of Beginning. Legal Description CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit C2 Vacation of 20' & 15' Drainage and Utility Easements, O.R. 5858 PG. 1539Jim Benwell Tom Mahony 12/12/2019 Lgl_2019-19 1 1 17 29 S 16 E EXHIBIT A DAVID AVE ELIZABETH AVE 301 213 209 206 118 300 209 204 210 205 205 212 111 200 208 108 197 193 110 201 115 217216 212 204 201220 213 155 221 208B 2882208A AERIAL MAP Proposed Drainage and Utility Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac2.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 15' and 20' Drainage and Utility Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 110/20/2020Date:291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 100'20'N.T.S.Scale: 100'15'Proposed Drainage and Utility Easement Vacation Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9431-20 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve City of Clearwater staff request to vacate portions of a 15-foot drainage and utility easement and a 10-foot drainage and utility easement described, correspondingly as The East 15’ of the West 545’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 285’ AND The East 10’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 330’, as recorded in O.R. Book 4082, Page 117 of the Public Records of Pinellas County, Florida, and pass Ordinance 9431-20 on first reading. SUMMARY: This drainage and utility easement vacation is a contingency in that certain Contract for Exchange of Real Property dated January 21, 2020, as amended by that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020 (collectively the Contract) between the City of Clearwater and Creative Contractors Inc. This drainage and utility easement vacation will be null and void should the closing under the Contract not occur, should the properties contemplated to be exchanged therein, not be exchanged, or if for any reason the City does not reserve the new easements as provided for in the Contract. Subject to the City’s reservation of new easements as provided for in the contract, said easements are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. City staff have reviewed the drainage and utility easement vacation request and have no objection. Page 1 City of Clearwater Printed on 11/13/2020 [GM19-1313-133/261745/1] GM19-1313-133/261700/1 Ord. No. 9431-20 ORDINANCE NO. 9431-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF A 15 FOOT DRAINAGE AND UTILITY EASEMENT AND A 10 FOOT DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE EAST 15’ OF THE WEST 545’ OF THE SW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 285’ AND THE EAST 10’ OF THE WEST 730’ OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 330’, AS RECORDED IN O.R. BOOK 4082, PAGE 117 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) and Creative Contractors, Inc. (Creative”) entered into that certain Contract for Exchange of Real Property dated January 21, 2020 and that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020, (collectively the “Contract”, a copy of which is on file and available in the City of Clearwater Official Records and Legislative Department) which provides for the subject vacation; and WHEREAS, the Contract also provides for three (3) additional full vacations, (all four (4) vacations collectively referred to as the “Vacations”) which will be considered by Council of even date herewith; and WHEREAS, the Contract also provides that in its deed to Creative, the City will reserve five (5) new easements to fulfill the needs of the City created as a result of Vacations (the “Reservations”); and WHEREAS, the Vacations and Reservations are conditioned upon the closing of the Contract and the related conveyances of real property as provided for therein; and WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto, and incorporated herein, finds it appropriate to vacate said portions of the drainage and utility easements; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easements are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, [GM19-1313-133/261745/1] GM19-1313-133/261700/1 Ord. No. 9431-20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The drainage and utility easements described as follows: See Exhibit “A” (represented as Exhibit “C-3” in the Contract) are hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. Further, the City of Clearwater releases all of its right, title, and interest to the drainage and utility easements, contingent upon, and subject to, the following conditions precedent: 1. This vacation ordinance shall be rendered null and void and the vacation not effective if for any reason the closing on the Contract and the exchange of real property as provided for therein do not occur. 2. This vacation ordinance shall be null and void and the vacation not effective if for any reason the City does not reserve the new easements as provided for in the Contract. 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 Approved as to form: Attest: [GM19-1313-133/261745/1] GM19-1313-133/261700/1 Ord. No. 9431-20 ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Gulf to Bay Gardens Plat Book 50, Page 60 South line of the SW 14 of the NE 14 Sec 17-29S-16E DAVID AVENUE(60' Right-of-Way)ELIZABETH AVENUE(Right-of-Way Varies)GULF TO BAY BOULEVARD (Right-of-Way Varies) NW Corner of the SW 14 of the NE 14 Sec 17-29S-16E A 15' Drainage and Utility easement described as follows: The East 15' of the West 545' of the SW 14 of the NE 14 of Section 17, Township 29 S, Range 16 E, less the South 285'. AND A 10' Drainage and Utility easement described as follows: The East 10' of the West 730' of the SW 14 of the NE 14 of Section 17, Township 29 S, Range 16 E, less the South 330'. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit C3 Vacation of 15' & 10' Drainage and Utility Easements, A Portion of O.R. 4082 PG. 117Jim Benwell Tom Mahony 12/13/2019 Lgl_2019-19 1 1 17 29 S 16 E Legal Description This is not a survey Legal Description EXHIBIT A DAVID AVE ELIZABETH AVE 1 347 213 400 209 206 118 301 308 209 391 316 331 210 204 380 200 385 205 205 300 216 337 334 317 212 111 321 208 317 312 324 197 212 108 304 320 216 193 110 201 115 217 332 327 336 201 213 220 313 204 155 305 217 309 221 300B 300A 208B 2882345 208A AERIAL MAP Proposed Drainage and Utility Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac(3).mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 10' and 15' Drainage and Utility Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 110/20/2020Date:291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 10' N.T.S.Scale: 15' Proposed Drainage and Utility Easement Vacation 1046'1000' Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9432-20 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve City of Clearwater staff request to vacate a 20-foot drainage and utility easement described as The North 20’ of the East 200’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, as recorded in O.R. Book 5950, Page 1028 of the Public Records of Pinellas County, Florida, and pass Ordinance 9432-20 on first reading. SUMMARY: This drainage and utility easement vacation is a contingency in that certain Contract for Exchange of Real Property dated January 21, 2020, as amended by that certain First Amendment to Contract for Exchange of real property dated April 20, 2020 (collectively the Contract) between the City of Clearwater and Creative Contractors Inc. This drainage and utility easement vacation will be null and void should the closing under the Contract not occur, should the properties contemplated to be exchanged therein, not be exchanged, or if for any reason the City does not reserve the new easements as provided for in the Contract. Subject to the City’s reservation of new easements as provided for in the contract, 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. City staff have reviewed the drainage and utility easement vacation request and have no objection. Page 1 City of Clearwater Printed on 11/13/2020 [GM19-1313-133/261753/1] Ord. No. 9432-20 ORDINANCE NO. 9432-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 20 FOOT DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE NORTH 20’ OF THE EAST 200’ OF THE WEST 730’ OF SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, AS RECORDED IN O.R. BOOK 5950, PAGE 1028 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) and Creative Contractors, Inc. (Creative”) entered into that certain Contract for Exchange of Real Property dated January 21, 2020 and that certain First Amendment to Contract for Exchange of Real Property dated April 20, 2020, (collectively the “Contract”, a copy of which is on file and available in the City of Clearwater Official Records and Legislative Department) which provides for the subject vacation; and WHEREAS, the Contract also provides for two (2) additional full vacations and one (1) partial vacation, (all four (4) vacations collectively referred to as the “Vacations”) which will be considered by Council of even date herewith; and WHEREAS, the Contract also provides that in its deed to Creative, the City will reserve five (5) new easements to fulfill the needs of the City created as a result of Vacations (the “Reservations”); and WHEREAS, the Vacations and Reservations are conditioned upon the closing of the Contract and the related conveyances of real property as provided for therein; and WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto, and incorporated herein, finds it appropriate to vacate said drainage and utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility 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: [GM19-1313-133/261753/1] Ord. No. 9432-20 The drainage and utility described as follows: See Exhibit “A” (represented as Exhibit “C-4” in the Contract) is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. Further, the City of Clearwater releases all of its right, title, and interest to the drainage and utility easement, contingent upon, and subject to, the following conditions precedent: 1. This vacation ordinance shall be rendered null and void and the vacation not effective if for any reason the closing on the Contract and the exchange of real property as provided for therein do not occur. 2. This vacation ordinance shall be null and void and the vacation not effective if for any reason the City does not reserve the new easements as provided for in the Contract. 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 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Gulf to Bay Gardens Plat Book 50, Page 60 DAVID AVENUE(60' Right-of-Way)ELIZABETH AVENUE(Right-of-Way Varies)NW Corner of the SW 14 of the NE 14 Sec 17-29S-16E Gulf to Bay Gardens Plat Book 50, Page 60 A Drainage and Utility Easement described as follows: The North 20' of the East 200' of the West 730' of the SW 14 of the NE 14 of Section 17, Township 29 South, Range 16 East Legal Description CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit C4 Vacation of 20' Drainage and Utility Easement O.R. 5950 PG. 1028JABTLM 12/13/2019 Lgl_2019-19 1 1 17 29 S 16 E EXHIBIT A DAVID AVE ELIZABETH AVE 205204 210 155 300 205 221 197 204209 213 216 208 212 115 209 212 206 108 193 110 201 111 217 118 220 213 201 200 301 208B 208A 2882AERIAL MAP ProposedDrainage and Utility Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac(4).mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 20' Drainage and Utility Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 110/23/2020Date:291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 200'20'N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8423 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Accept Sovereignty Submerged Land Lease Renewal 520345063 with the Florida Department of Environmental Protection, Bureau of Public Lands for use of state-owned land under three boat slips to be used for mooring rescue vessels at 700 Bayway Blvd and authorize the appropriate officials to execute same. (consent) SUMMARY: The Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida Department of Environmental Protection, Bureau of Public Lands requires the City of Clearwater to accept a lease instrument for use of a parcel of sovereign submerged land in Section 17, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing 2,819 square feet, more or less. Accepting this lease renewal for submerged lands authorizes the City of Clearwater to use State owned bottomland for the City of Clearwater’s three boat slips located behind the Clearwater Police Substation at 700 Bayway Blvd in the Clearwater Harbor. The original Sovereignty Submerged Land Lease was approved by City Council in March 2010. There is no fee associated with this lease renewal and the new lease will expire November 5, 2024. The 3-slip docking facility with a boat lift is exclusively to be used for mooring of rescue vessels. City stakeholders support acceptance of the lease renewal. Page 1 City of Clearwater Printed on 11/13/2020 This Instrument Prepared By: Celeda Wallace Action No. 41002 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _________________________________ SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO. 520345063 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Clearwater, Florida, hereinafter referred to as the Lessee, the sovereignty submerged lands as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: A parcel of sovereignty submerged land in Section 17, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, Florida, containing 2,819 square feet, more or less, as is more particularly described and shown on Attachment A, dated June 26, 2009. TO HAVE THE USE OF the hereinabove described premises from November 6, 2019, the effective date of this renewal lease, through November 6, 2024, the expiration date of this renewal lease. The terms and conditions on and for which this lease is granted are as follows: 1.USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip docking facility with a boat lift to beused exclusively for mooring of rescue vessels in conjunction with an upland fire and rescue station, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Environmental Resource Permit No. 52-0294534-001, dated November 6, 2009, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. [29] 2.AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises onlyfor those activities specified herein and as conditioned by the permit(s) referenced in paragraph 1 of this lease. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee’s interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor’s written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3.SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of theeffective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. “Income” is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4.EXAMINATION OF LESSEE’S RECORDS: The Lessor is hereby specifically authorized and empowered toexamine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5.MAINTENANCE OF LESSEE’S RECORDS: The Lessee shall maintain separate accounting records for:(i) grossrevenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for leaseverification purposes by the Lessor. 6.PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described byreason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold. 7.INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintainsatisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 8.ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consentof the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9.LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at itsexpense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10.NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by theprovisions and conditions herein set forth and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor’s notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater, Florida Post Office Box 4748 Clearwater, Florida 33758 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11.TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subjectproperty or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12.NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereofto be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13.MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in goodcondition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14.NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual'srace, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15.ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce anyprovision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16.PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shallcease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 17.RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall besubject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee’s interest in the riparian upland property more particularly described in Attachment B, which shall run with the title to the Lessee’s interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures andequipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19.REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee’s interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee’s interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20.RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunderis determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21.AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Itsprovisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22.ADVERTISEMENT/SIGNS NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINORSTRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorizedstructures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shallnot exceed the activities authorized by this agreement. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 23.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, theLessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lesseeshall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25.LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person orpersons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignmentsthereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in “cruises to nowhere,” where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 27.SPECIAL LEASE CONDITIONS: A.The Lessee shall prohibit mooring, on either a temporary or permanent basis, along the west side of most western28-foot-long pier and along the east side of the 22-foot-long most eastern pier. To ensure compliance, the Lessee shall place andmaintain: (1) a 3-foot high railing along the west side of most western 28-foot-long pier, and along the east side of the 22-foot-long most eastern pier, and (2) signs advising boaters that mooring at the above described locations, on either a temporary orpermanent basis, is prohibited. B.Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located withinits designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and swim platforms. [Remainder of page intentionally left blank; Signature page follows] Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. ____________________________________________ Original Signature Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by means of physical presence this day of , 20 , by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 10/22/2020 WITNESSES: City of Clearwater, Florida (SEAL) BY: Original Signature Original Signature of Executing Authority Frank Hibbard Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Original Signature Title of Executing Authority Typed/Printed Name of Witness “LESSEE” STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of __ physical presence or __online notarization this day of , 20 , by Frank Hibbard as Mayor, for and on behalf of City of Clearwater, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Maps 700 Bayway Blvd, Clearwater Beach, FL 33767 Attachment A Page 8 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Attachment A Page 9 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Attachment A Page 10 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Attachment B Page 11 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Attachment B Page 12 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Attachment B Page 13 of 13 Pages Sovereignty Submerged Lands Lease No. 520345063 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution #20-55 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Accept a Sidewalk Easement from Modern Estates, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 635 Woodlawn Street and adopt Resolution 20-55. SUMMARY: The Sidewalk Easement will allow the city rights for repair, maintenance, and replacement of a sidewalk as the site is developed for residential use. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 11/13/2020 Resolution No. 20-55 RESOLUTION NO. 20-55 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM MODERN ESTATES, INC., FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT OF A SIDEWALK AT 635 WOODLAWN STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a sidewalk easement from Modern Estates, Inc. for the repair, maintenance and replacement of a public sidewalk; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Sidewalk Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-55. 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 Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-55 WOODLAWN ST S MYRTLE AVE 635632638629AERIAL MAP PROPOSED NEW SIDEWALK EASEMENT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\635WoodlawnAve.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Proposed New Sidewalk Easement635 Woodlawn St. Page: 1 of 110/29/2020Date:WDMap Gen By:RBReviewed By:15-29s-21eS-T-R:313BGrid #: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8374 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a professional services agreement and a work order with Wannemacher Jenson Architects, Inc. (WJA) of St. Petersburg, FL, per RFQ 31-20, for Fire Station 47 in the amount of $445,869 and authorize the appropriate officials to execute same. (consent) SUMMARY: Fire Station 47, located at 1460 Lakeview Rd., was built in the early 70’s. Due to the structure’s age, the station does not meet current best practices and standards; therefore, it is in need of replacement. October 2019, the City purchased property across from Clearwater High School on S. Hercules Ave. for the future site of the new Fire Station 47. June 2020, a Request for Qualifications (RFQ #31-20) was issued seeking an architectural firm to design the replacement for Fire Station 47. The RFQ selection committee, consisting of four representatives from the Fire and Engineering departments, conducted interviews with five of the ten architectural firms that submitted qualifications. The committee selected Wannemacher Jenson Architects to design the replacement Fire Station 47. WJA initial work order includes design (architectural, structural, civil, mechanical, electrical, plumbing, fire protection & alarm, interior design, landscape), permitting, and architecture/engineering services during construction for a new four (4) bay fire station at 601 S. Hercules Ave. Design is expected to take approximately eight months. The Fire Department is responsible for owning and operating Fire Station 47. APPROPRIATION CODE AND AMOUNT: FD00190002-DSGN-PROSVC $445,8639 Funds are available in Capital Improvement Project FD00190002, Fire Station 47, to fund the work order. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 11/13/2020 DRUID RD S HERCULES AVE CANTERBURY RD ROGERS ST TURNER ST ALLEN DR 524 525 535 545 555 565 674 705 575 686 675 540 694 706 693 680 699 705 681 687 712 7002015 19982025203920252007204219752024201920112048AERIAL MAP ² N.T.S.Scale: Parcel Size:+/- 1.47 ac. Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Exhibit A601 S Hercules Ave. Parcel Number: 13-29-15-00000-420-0700 Page 1 of 1Aerial Flown 2019 Date:3/6/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\601 S Hercules Ave.mxd 601 JWReviewed By:13-29s-15eS-T-R:298BGrid #: Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Fire Station 47 - Consulting Services RFQ #31-20 June 9, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, July 9, 2020 to provide Fire Station 47 Consulting Services. Brief Description: The City of Clearwater is seeking an architectural or engineering firm to provide consulting services related to a new Fire Station 47. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS FS 47 Consulting Services 2 RFQ #31-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 9, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if INSTRUCTIONS FS 47 Consulting Services 3 RFQ #31-20 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. INSTRUCTIONS FS 47 Consulting Services 4 RFQ #31-20 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION FS 47 Consulting Services 5 RFQ #31-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Format, pps. 11-12) Points Qualifications (Tab 2) 30 Relevant Experience and References (Tab 3) 30 Technical Approach (Tab 4) 15 Work Plan and Schedule (Tab 5) 15 Quality Management Plan (Tab 6) 10 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and INSTRUCTIONS – EVALUATION FS 47 Consulting Services 6 RFQ #31-20 may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: June 9, 2020 Advertise Tampa Bay Times: June 10, 2020 Responses due: July 9, 2020 Review responses/presentations: July 9 – 31, 2020 Award recommendation: July 31, 2020 Council authorization: September 3, 2020 Contract begins: October 2020 DETAILED SPECIFICATIONS FS 47 Consulting Services 7 RFQ #31-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. Fire Station 47, currently located at 1460 Lakeview Road, was built in 1974 and no longer meets the operational needs of the Clearwater Fire & Rescue Department. A new fire station is proposed to be constructed on a recently purchased property located at 601 S. Hercules Ave. 3. SCOPE OF SERVICES. It is the City’s intent to build a new Fire Station 47 on a recently purchased property located at 601 S. Hercules Ave., across from Clearwater High School. The new Fire Station will be modeled closely after, thus similar in size and layout, to Fire Station 50, a single-story building, approximately 10,000 square feet. While Fire Station 50 houses 3 apparatus bays and 6 dorm rooms, if feasible, the City would like the new Fire Station to house 4 apparatus bays and include 8 to 10 dorm rooms. The new building must meet current building codes and regulations including Florida Building Code (FBC), Americans with Disabilities Act (ADA), and Stormwater requirements. The new Fire Station must contain amenities to include administrative offices, a day room with kitchen, and a weight/exercise room. Anticipated services include, but are not limited to, conceptual design development, cost estimating, construction drawings, specifications, bid documents, as-needed permit(s), acquisition and post-design construction services through the duration of the project. Construction services shall include shop drawing review, responding to Requests for Information (RFI), inspecting critical portions of the project, conducting regular progress meetings with stakeholders, certifying drawings, certifying completed work as necessary and closeout of all permit(s). The following documents are included with this RFQ: Exhibit A – 601 S Hercules Ave - Aerial Map Exhibit B – 601 S Hercules Ave - 3 Bay Layout Exhibit C – 601 S Hercules Ave - 4 Bay Layout Exhibit D – Fire Station 50 Cover Sheet Site and Floor Plans Exhibit E - Forms Exhibit F – CMAR Contract Sample Exhibit G – Standard Terms and Conditions 4. QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. Each respondent shall demonstrate a thorough understanding of the City’s planning and development codes and policies and procedures as it relates to land development and construction. 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising DETAILED SPECIFICATIONS FS 47 Consulting Services 8 RFQ #31-20 injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #31-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City DETAILED SPECIFICATIONS FS 47 Consulting Services 9 RFQ #31-20 shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES FS 47 Consulting Services 10 RFQ #31-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2020 – February 2022. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT FS 47 Consulting Services 11 RFQ #31-20 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed eighteen (18) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 7 and 8, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related experience, ability to perform the work and to meet the evaluation criteria set forth herein. Name, address, contact person and phone number, shall be provided. TAB 2 – Qualifications (six [6] pages). Describe the firm’s background, experience, and qualifications of key personnel proposed to work on the project. Include resumes for key team members (including subcontractors) demonstrating specific experience relevant to the project. Include an organizational chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include the expected amount of involvement for each consultant team member and confirm their availability. Any change in key personnel after the contract award must be approved by the City. TAB 3 – Relevant Experience and References (two [2] pages). Provide information for three (3) projects, preferably within the last 10 years, for which the firm has provided services closely related to this scope of services. Include contact information for the projects including name, position/title, email address, and phone number. TAB 4 – Technical Approach (two [2] pages). Describe the firm’s understanding of the project and methodology for meeting the needs of the City. Include a summary of knowledge of local conditions, City permitting processes, local codes and ordinances, and challenges. TAB 5 – Work Plan and Schedule (four [4] pages). Provide a detailed work plan, including a tentative schedule to include estimated number of hours per task, by personnel/position, and durations for design and construction phases. TAB 6 – Quality Management Plan (two [2] pages). Provide detailed information as to the firm’s Quality Assurance/Quality Control policy. Indicate specific steps conducted for technical review of any type of deliverable prior to submission to a client. Identify standard processes used and key factors that demonstrate the policy is successful and effective. Explain methodology of project reporting systems, scheduling, cost estimating, constructability reviews, value engineering, and QA/QC procedures for municipal projects. TAB 7 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. RESPONSE FORMAT FS 47 Consulting Services 12 RFQ #31-20 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 8 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License. 5. If the firm is a corporation, a copy of the current Florida Corporation Registration 6. Include a current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA FS 47 Consulting Services 13 RFQ #31-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION FS 47 Consulting Services 14 RFQ #31-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION FS 47 Consulting Services 15 RFQ #31-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER FS 47 Consulting Services 16 RFQ #31-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #31-20, Fire Station 47 Consulting Services Due Date: July 9, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #31-20, Fire Station 47 Consulting Services Due Date: July 9, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND WANNEMACHER JENSEN ARCHITECTS, INC. RFQ #31-20 FIRE STATION #47 CONSULTING SERVICES This AGREEMENT is made and entered into on the _____ day of November, 2020 by and between the City of Clearwater, Florida (CITY) and Wannemacher Jensen Architects, Inc. (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #31-20 and responses by the CONSULTANT to RFQ #31-20, all of which are incorporated by reference and attached hereto as Exhibit A; and NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable architectural practices, by exercising the skill and ability ordinarily required of architects performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in Exhibit A, RFQ #31-20, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 2 Total compensation for all services shall not exceed $445,869.00 (four hundred forty-five thousand eight hundred sixty-nine U.S. dollars) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit B. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required architectural and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments in Section 2.1 of this Agreement. The CITY further reserves the right to enter into contracts with other architectural firms for services related to such projects, phases, tasks or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other architectural firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 3 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 4 consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: 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. 5 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. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 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. 6 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. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided for below. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated 7 for professional services provided up to the date of suspension, cancellation or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #31-20, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #31-20, Standard Terms of Conditions are incorporated by reference and included as part of Exhibit A. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #31-20, Standard Terms and Conditions; and (iii) Work Orders. 8 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. [Remainder of Page Intentionally Left Blank] 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. (Corporate Seal) WANNEMACHER JENSEN ARCHITECTS, INC. By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 10 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, 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, 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 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 of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies 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. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE 11 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. 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 6. 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 7. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND WANNEMACHER JENSEN, INC. RFQ #31-20 FIRE STATION #47 CONSULTING SERVICES EXHIBIT C INSURANCE REQUIREMENTS. The CONSULTANT shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the CONSULTANT’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #31-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT’S obligation to provide the insurance coverage specified. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8431 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the CARES Act Funding Agreement between Pinellas County and the City of Clearwater for public assistance support for COVID-19 expenditures and allow the City Manager or designee to enter into, approve, and execute same and any future modifications for COVID-19 expenditures. (consent) SUMMARY: The CARES Act Funding Agreement is a grant for federal funds appropriated pursuant to Section 601 of the Social Security Act. Funds will be used to cover costs incurred due to the public health emergency and governor’s disaster declaration on March 13, 2020 with respect to COVID-19. The United States Department of Treasury deemed Pinellas County as a unit of local government eligible to receive grant funding. The Department of Treasury is the Federal Awarding agency with Pinellas County, Florida being the Pass-Through Entity to provide funds to the City of Clearwater as a subrecipient. The total amount of the Federal award is $170,100,000.00. The City of Clearwater has been approved to receive up to $1,408,513.00 of the award as a grant to pay or reimburse necessary expenditures incurred due to the COVID-19 emergency for the period of March 1, 2020 through December 30, 2020. Pinellas County’s Program Manager will be responsible for enforcing performance of this Agreement and will be the liaison with Jevon Graham, District Chief of Emergency Management. The Federal Government passed the CARES Act March 27, 2020 to give relief for public health and economic impacts of COVID-19. It is now necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with Pinellas County (the Grantee/Recipient) in order to participate in this grant program. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 11/13/2020 1 CARES ACT FUNDING AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER THIS AGREEMENT is entered into by Pinellas County, a political subdivision of the State of Florida, (hereinafter referred to as the "County" or “Recipient), and the City of Clearwater, (hereinafter referred to as the "City” or “Subrecipient"). The purpose of this agreement is to set forth the terms and conditions under which the County will provide Clearwater with up to $1,408,513.00 as a grant to pay or reimburse necessary expenditures incurred due to the COVID- 19 emergency for the period of March 1, 2020 through December 30, 2020. Grant funds may only be used to pay or reimburse eligible expenditures as described herein. No grant funds may be used to pay or reimburse costs reimbursed under other federal programs. The Grant Funds provided herein are an allocation of the coronavirus relief fund, as created in section 5001 of H. R. 748, of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Recipient agrees to administer the grant proceeds consistent with this Agreement, in accordance with the applicable provisions of the CARES Act, any future applicable guidance issued by the U. S. Department of Treasury and any other applicable federal provisions. Recipient shall provide the County with certification (Attachment A) that grant funds were used for eligible expenses. WITNESSETH: This agreement is entered based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the purposes identified herein; and B. The County has the authority to distribute these funds to the Subrecipient upon the terms and conditions below; and C. The County has statutory authority to disburse the funds under this Agreement; and D. The CARES Act, Section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF) and provided the County with Coronavirus Relief Funds (CFDA 21.019). Therefore, the County and the Subrecipient agree to the following: (1) Specific Grant Information. This project shall be undertaken and accomplished in accordance with the terms and conditions specified herein and the Appendices named below, which are attached hereto and by reference incorporated herein: Attachment A, “CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION”. 2 2 C.F.R. § 200.331(a)(1) (Federal Award Identification) requires that certain specific information about the Grant be included in this Agreement. Such information, consistent with the accordant subsections under 2 C.F.R. § 200.331(a)(1), follows: (i) Subrecipient’s name: City of Clearwater (ii) Subrecipient’s Unique Entity Identifier or Data Universal Numbering System (DUNS) number: 078307303 (iii) Federal Award Identification Number: Direct payment from the Department of the Treasury ('Treasury') pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). (iv) Federal Award Date: March 27, 2020 (v) Subaward Period of Performance Start and End Date: Upon Execution to 12/30/2020: (vi) Amount of Federal Funds Obligated by this Action by the Pass Through-Entity to the Subrecipient: (vii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass-Through Entity Including the Current Obligation: $1,408,513.00 (viii) Total Amount of the Federal Award: $170,100,000.00 Total (ix) Federal Award Project Description, as Required to be Responsive to the Federal Funding Accountability and Transparency Act: CARES Act- Coronavirus Relief Fund (CARES Act) (x) Name of Federal Awarding Agency, Pass-Through Entity, and Contact Information for Awarding Official of the Pass-Through Entity: Federal Awarding Agency: United States Department of Treasury Pass-Through Entity: Pinellas County, Florida Contact Information for Awarding Official of the Pass-Through Entity: Aubrey Phillips, Pinellas County Office of Management & Budget 14 S. Ft. Harrison Ave., 5th Floor Clearwater, FL 33756 (xi) CFDA Number and Name; the Pass-Through Entity Must Identify the Dollar Amount Made Available Under Each Federal Award and the CFDA Number at Time of Disbursement: CFDA Number (at time of disbursement): 21.019 CFDA Name: Coronavirus Relief Fund (CRF) Total Dollar Amount Available Under this Federal Award: $170,129,283.40 total (xii) Identification of Whether the Award is R&D: Award is not R&D. (xiii) Indirect Cost Rate for AGENCY portion of the Federal Award: Not applicable to this agreement 3 (2) LAWS, RULES, REGULATIONS AND POLICIES a. To the extent required by the U.S. Treasury, performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.” b. The Subrecipient and the County will be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. The County’s Program Manager will be responsible for enforcing performance of this Agreement’s terms and conditions and will serve as the County’s liaison with the Subrecipient. As part of his/her duties, the Program Manager for the County will monitor and document Subrecipient performance. b. The County’s Program Manager for this Agreement is: Name: Aubrey Phillips Department: Office of Management and Budget Address: 14 S. Ft. Harrison Ave. Telephone: 727-464-3678 Email: aphillips@pinellascounty.org c. The name and address of the representative of the Subrecipient responsible for the administration of this Agreement is: Name: Jevon Graham, District Chief of Emergency Management Department: Clearwater Fire & Rescue Address: 1140 Court St, Clearwater, FL 33756 Telephone: O: 727-562-4334 x3205 C: 727-385-5510 Email: Jevon.graham@myclearwater.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, address, telephone, and email of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 4 (6) MODIFICATION This Agreement may be modified upon mutual agreement and in writing. (7) PERIOD OF AGREEMENT This Agreement shall be effective from _____________________ (final execution date) and shall end on December 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. The Subrecipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the period from March 1, 2020 and shall end on December 30, 2020. (8) FUNDING a. The County’s performance and obligation to pay under this Agreement is contingent upon funding from the United States Treasury under the CARES Act. Except as further limited below, Subrecipient may only use payments for any expenses eligible under Section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance, as supplemented by answers to frequently asked questions. Payments are not required to be used as the source of funding of last resort. b. For the purposes of this Agreement, the term “improper payment” means or includes, any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. c. The City is responsible for the repayment of funds to the County for expenditures that the County or the Federal government determines are ineligible under the CARES Act, or if any funds were used in a manner that is not consistent or allowable per this agreement. The County’s determination will be guided by applicable guidance issued by the U.S. Treasury as those may be updated or amended from time to time. This includes situations where the County or the Federal government determines City provided funds to the same applicant to whom the County already provided funds for the same purpose (a “Duplicate Payment”). d. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that – i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the City; and iii. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used in a manner consistent with Section 601(d) of the Social Security Act. 5 e. Payment(s) will be based on 12.5% of actual expenses submitted to the County for the reporting period, to be verified by the County’s consultant as listed to be eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures (Attachment C) and accepted by the County as eligible costs under the CARES Act. Additional payment provisions can be found in Section (18) PAYMENTS. (9) RECORDS a. As a condition of receiving County or federal financial assistance, the County or any of its authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right to access also includes timely and reasonable access to the Subrecipient’s personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term “Subrecipient” includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/recordss-management/general-records- schedules/. c. Additionally, the City shall retain all documents and financial records sufficient to establish compliance with the CARES Act for a period of six (6) years after final payment is made. d. Florida’s Public Records Law provides a right to access the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS, PURCHASING AND RISK MANAGEMENT DIVISION, OPERATIONS MANAGER CUSTODIAN OF PUBLIC RECORDS AT 727-464-3311, PURCHASE@PINELLASCOUNTY.ORG, PINELLAS COUNTY GOVERNMENT, PURCHASING AND RISK MANAGEMENT DEPARTMENT, OPERATIONS MANAGER, 400 S. FT. HARRISON AVE, 6TH FLOOR, CLEARWATER, FL 33756. 6 (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R. § 200.49, “GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” b. When conducting an audit of the Subrecipient’s performance under this Agreement, the City must use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2 C.F.R. § 200.50, “GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of, and in compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the County of all funds not spent in accordance with these applicable regulations, Treasury Guidance as it may be amended from time to time and supplemented by answers to frequently asked questions, and Agreement provisions within thirty (30) days after the County has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in Section 215.97(2)(i), Florida Statutes, as “an independent certified public accountant licensed under Chapter 473.” The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the County no later than nine months from the end of the Subrecipient’s fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the following: Department: Office of Management and Budget Address: 14 S. Ft. Harrison Ave, Clearwater, FL 33756 Email: caresforcities@pinellascounty.org f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11) REPORTS a. The Subrecipient must provide the County with a close-out report upon request by the County. This report must include the status of the expenditure of funds under this Agreement, in addition to any other information requested by the County, which assists the County to comply with its CARES Act reporting obligations. b. The close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. 7 c. If all required reports and copies are not sent to the County or are not completed in a manner acceptable to the County, the County may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. d. The Subrecipient must provide additional program updates or information that may be required by the County. e. The Subrecipient must promptly provide any and all reports, expenses, or information requested by the County to enable the County to comply with its current and subsequently imposed reporting and record retention obligations f. The City with an allocation of $50,000.00 or more must register with SAM.gov prior to September 1, 2020; this will enable detailed City data to be imported by the City into the Federal Government’s portal expected to be established September 1, 2020. To register, go to SAM.gov and enter the required information. (12) MONITORING In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but are not limited to, on-site visits by County staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the County. In the event that the County determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the County to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, review, investigations, or audits deemed necessary by the County. In addition, the County will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY Any Subrecipient which is a state agency or subdivision, as defined is Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) CONFLICT OF INTEREST a. Recipient designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to this grant during his or her tenure, or who is in a position to participate in a decision making process or gain inside information with regard to any program, are barred from any interest, direct or indirect, in any grant or proceeds of any program, 8 or benefit there from, which is a part of this Agreement at any time during or after such person’s tenure. (15) DEFAULT a. If any of the following events occur (“Events of Default”), all obligations on the part of the County to make further payment of funds will, if the County elects, terminate and the County has the option to exercise any of its remedies set forth in Paragraph (16) REMEDIES. However, the County may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement with the County is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement with the County and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the County; d. If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete or insufficient information; or e. If the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the County may, after thirty (30) calendar days written notice to the Subrecipient and upon the Subrecipient’s failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Subrecipient refund to the County any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; e. Exercise any corrective or remedial actions, to include but not limited to: i. request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, and 9 iv. require the Subrecipient to reimburse the County for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the County from pursuing any other remedies in this Agreement or provided at law or in equity. If the County waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the County, or affect the later exercise of the same right or remedy by the County for any other default by the Subrecipient. (17) TERMINATION a. The County may terminate this Agreement for cause upon notice in writing to the City. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Florida Statute Chapter 119, as amended. b. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. c. In the event this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the County because of any breach of this Agreement by the Subrecipient. The County may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the County from the Subrecipient is determined. (18) PAYMENTS a. The County agrees to pay the City the not-to-exceed sum of $1,408,513.00, as determined by the City’s reimbursement allocation which is based on City population estimates as of July 1, 2019, to be disbursed on a reimbursement basis for up to 12.5% of actual expenses submitted to the County for the reporting period, to be verified by the County’s consultant as listed to be eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures (Attachment C) and accepted by the County as eligible costs under the CARES Act. b. The City will submit a FEMA Cost Summary Form (Attachment B) for the actual costs for the period covered from March 1, 2020 to September 14, 2020 not later than October 15, 2020. c. A second FEMA Cost Summary Form to cover the period from September 15, 2020 to December 30, 2020 will be due not later than January 30th, 2021. 10 d. No later than January 30th, 2021, the City will submit to the County documentation to support eligible expenditures incurred under this agreement. Documentation will include but is not limited to: invoices, proof of payment, employee time record and costs, and other documentation required by the County e. Any additional payments approved by the County to the City will be made by an Amendment to this document. (19) REPAYMENTS a. The City shall return to the County any funds that have not been used in a manner consistent with this Agreement. b. All refunds, return of improper payments, or repayments due to the County under this Agreement are to be made payable to the order of “Pinellas County Board of County Commissioners,” and mailed directly to the following address: Department: Finance Division Address: P. O. Box 2438, Clearwater, FL 33757 c. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the County for collection, Subrecipient shall pay the County a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20) MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a County request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the County and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the County from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Pinellas County, or the Federal Middle District Court, Tampa Division. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the County under the terms of this Agreement, and any right to audit or require repayment of funds, will survive the term of this Agreement. d. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public 11 accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. g. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with Section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government’s general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the County. h. The Subrecipient is subject to Florida’s Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient’s governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida statutes. i. All expenditures of County or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of County funds. j. If the purchase of an asset was consistent with the limitations on the eligible use of funds provided by Section 601(d) of the Social Security Act, the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by Section 601(d) of the Social Security Act or repayment to the County. 12 (21) LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. (22) ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment A. (23) INDEMNIFICATION; RECOUPMENT Recipient shall, at its cost and expense, protect, defend, indemnify, and hold harmless the County, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Recipient, its directors, officers, employees, or agents, relating in any way to the Recipient’s performance under the Agreement. These indemnification obligations shall survive the termination of the Agreement. Recipient further agrees that it is financially responsible for and will repay the County any and all indicated amounts following an audit exception which occurs due to Recipient’s failure, for any reason, to comply with the terms of this Agreement. (24) PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included therein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Agreement shall be physically amended to makes such insertion or corrections. 13 IN WITNESS WHEREOF, the parties have caused their respective authorized representative to execute this Agreement effective as of the date first above written. ATTEST: PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK through its County Administrator By: By: Deputy Clerk County Administrator [SEAL] APPROVED AS TO FORM By: Office of the County Attorney 14 IN WITNESS WHEREOF, the parties have caused their respective authorized representative to execute this Agreement effective as of the date first above written. Countersigned: CITY OF CLEARWATER By: By: Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: By: By:________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk 15 Attachment A CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION I ____________________________, am the Authorized Agent of the City of Clearwater and I certify that: 1. I have the authority on behalf of the City to request these payments from Pinellas County (“County”) for federal funds appropriated pursuant to Section 601 of the Social Security Act, as added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 2. I understand that the County will rely on this certification as a material representation in making these payments to the City. 3. I understand that as additional federal guidance becomes available, an amendment to the agreement between the County and the City may become necessary and agree to execute necessary amendments. 4. I acknowledge that the City should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with Section 601(d) of the Social Security Act. 5. I acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury’s Inspector General, and the County, or designee. 6. I acknowledge that the City has an affirmative obligation to identify and report any duplication of benefits. I understand that the County has an obligation and the authority to de-obligate or offset any duplicated benefits. 7. I acknowledge and agree that the City shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 8. I acknowledge that if the City has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the County. 9. I acknowledge that the City’s proposed uses of the funds provided as payments from the County by federal appropriation under Section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency and governor’s disaster declaration on March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the City; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020; and d. are not more than 12.5% of the actual expenses submitted to the County by the City for the reporting period as listed as eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures. In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below. By: _____________________________________________________ Name and title: __William B. Horne, II, City Manager_____________ Date: ____________________________________________________ 16 Attachment B 17 18 Attachment C 19 20 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2020-06006 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2079 Burnice Drive, and pass Ordinances 9396-20, 9397-20, and 9398-20 on first reading. (ANX2020-06006) SUMMARY: This voluntary annexation petition involves a 0.34-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the south side of Burnice Drive, approximately 1,650 feet west of S. Belcher Road. 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. It is proposed that the property be assigned the Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature 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 Burnice Drive right-of-way. The applicants have paid the City’s sewer impact and assessment fees in full and are aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The 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 Page 1 City of Clearwater Printed on 11/13/2020 File Number: ANX2020-06006 Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. •The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed Water/Drainage Feature category recognizes the existing pond on the property. 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; therefore, the annexation is consistent with Florida Statutes Section 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/13/2020 Ordinance No. 9396-20 ORDINANCE NO. 9396-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 1,650 FEET WEST OF S. BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2079 BURNICE DRIVE, CLEARWATER, FLORIDA 33764 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, CANTERBURY HEIGHTS, a subdivision according to the plat thereof recorded at Plat Book 49, Page 16, in the Public Records of Pinellas County, Florida. (ANX2020-06006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9396-20 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 23904 D E 45656 33 26 1 2 3 45 6 7 8910 11121314 1 2 3 4 5 6 7 891011121314 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 129 128 127 126 125 16749 27036 0644 13158 22824 6 5 4 81 107 134 169 190 80 140 139 138 137 136 135 141 142 143 144 145 146 147 148149150 151152153 154 155 156 157 158 159 160 161 162163164165166167168 123 4 5 6 7 8 9101112 3 4 5 6 1 2 18 19 17 16 78778 1234 5 6 7 8 9 10 11 12 13 14 15 1 2 16 (125) (126) 12/01 RIPON DR BURNICE DR LEES CT WOODLEY RD JEFFORDS ST NORMANDY RD SANDRA DR S HERCULES AVE REBECCA DR CANTERBURY RD B E L L D R CANTERBURY RD 1200 1105 1241 12311964 203019872019202411052019 199020991980200119631229200119782007 1000 12502016201820312030203719701235 123420112007205020042031 210120911 1 1 0 2004200019792039 201920231241 2016110020372000202520111222 20392024 1223 2 0 2 5198420252005 1228 1100 1010 20202055202420671010 1103 2022207720792011202520851101 19932011203011042006 20361008 202311002012 201220351004 2100207610051005 201820732024207120121006 1001 1107 1100 1103 11081962 1100 19851209 121612152018203520101981 20131104 1009 202920062017201520091009 20701005 2036201720311006 1101 1111 11112036 197820071101 20211004 20081108 205610072051 200620291109 1008 21002013203020122005-Not to Scale--Not a Survey-Rev. 9/17/2020 PROPOSED ANNEXATION Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) Ordinance No. 9397-20 ORDINANCE NO. 9397-20 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 ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 1,650 FEET WEST OF S. BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2079 BURNICE DRIVE, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, CANTERBURY HEIGHTS, a subdivision according to the plat thereof recorded at Plat Book 49, Page 16, in the Public Records of Pinellas County, Florida. Residential Low (RL) and Water/Drainage Feature (ANX2020-06006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9396-20. Ordinance No. 9397-20 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 23904 D E 45656 33 26 1 2 3 45 6 7 8910 11121314 1 2 3 4 5 6 7 891011121314 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 129 128 127 126 125 16749 27036 0644 13158 22824 6 5 4 81 107 134 169 190 80 140 139 138 137 136 135 141 142 143 144 145 146 147 148149150 151152153 154 155 156 157 158 159 160 161 162163164165166167168 123 4 5 6 7 8 9101112 3 4 5 6 1 2 18 19 17 16 78778 1234 5 6 7 8 9 10 11 12 13 14 15 1 2 16 (125) (126) 12/01 RIPON DR BURNICE DR LEES CT WOODLEY RD JEFFORDS ST NORMANDY RD SANDRA DR S HERCULES AVE REBECCA DR CANTERBURY RD B E L L D R CANTERBURY RD RU I I RU R/OS P RU RU RU RL P RL RL RU RURU RL RU WATER RU RU RU RU RU RU RU RU 1105 1231 1241 20201964203020242019202220241105 202520191101 2099198020012001197820071000 12502016 21002031203720121001 1235 1234201120072004 1216121520102031 21012013209111042025 20042000201520092039 1009 2019202312412036 20171100 20312037200019782007202520111223 2025202120062024200520121228 1010 1100 1200 2055198720671010 1103 2077207920111990208519631229 19932011203011042006 20361008 202311002012 201220351004 207620181005 20301005 201820732024207119701006 1107 1100 1103 11081962 1100 2050198512092018 20351981 1 1 1 0 1009 1109 1008 21002013202919792006201720701005 20161006 1101 1111 11112036 1101 1984202912222039 1004 20081108 2056100720512030 2005-Not to Scale--Not a Survey-Rev. 10/26/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) Ordinance No. 9398-20 ORDINANCE NO. 9398-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 1,650 FEET WEST OF S. BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2079 BURNICE DRIVE, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9396-20. Property Zoning District Lot 4, CANTERBURY HEIGHTS, a subdivision according to the plat thereof recorded at Plat Book 49, Page 16, in the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2020-06006) Ordinance No. 9398-20 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 23904 D E 45656 33 26 1 2 3 45 6 7 8910 11121314 1 2 3 4 5 6 7 891011121314 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 129 128 127 126 125 16749 27036 0644 13158 22824 6 5 4 81 107 134 169 190 80 140 139 138 137 136 135 141 142 143 144 145 146 147 148149150 151152153 154 155 156 157 158 159 160 161 162163164165166167168 123 4 5 6 7 8 9101112 3 4 5 6 1 2 18 19 17 16 78778 1234 5 6 7 8 9 10 11 12 13 14 15 1 2 16 (125) (126) 12/01 RIPON DR BURNICE DR LEES CT WOODLEY RD JEFFORDS ST NORMANDY RD SANDRA DR S HERCULES AVE REBECCA DR CANTERBURY RD B E L L D R CANTERBURY RD LMDR OS/R I I P 1200 1105 1241 12311964 203019872019202411052019 199020991980200119631229200119782007 1000 12502016201820312030203719701235 123420112007205020042031 210120911 1 1 0 2004200019792039 201920231241 2016110020372000202520111222 20392024 1223 2 0 2 5198420252005 1228 P 1100 1010 20202055202420671010 1103 2022207720792011202520851101 19932011203011042006 20361008 202311002012 201220351004 2100207610051005 201820732024207120121006 1001 1107 1100 1103 11081962 1100 19851209 121612152018203520101981 20131104 1009 202920062017201520091009 20701005 2036201720311006 1101 1111 11112036 197820071101 20211004 20081108 205610072051 200620291109 1008 21002013203020122005-Not to Scale--Not a Survey-Rev. 9/17/2020 PROPOSED ZONING MAP Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) DRUID RD BURNICE DR WOODLEY RD MAGNOLIA DR CAMPUS DR NORMANDY RD COLLEGE DR ACADEMY DR BELL CHEER DR S UNIVERSITY DR RIPON DR W UNIVERSITY DR LEES CT CROYDON DR JEFFORDS ST S HERCULES AVE KENMOORE DR SANDRA DR ALLEN DR UNIVERSITY CT S DRUID CIR REBECCA DR CANTERBURY RD PLEASANT PKWY CANTERBURY RD ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/8/2020 RIPON DR RIPON DR BURNICE DR BURNICE DR LEES CT LEES CT WOODLEY RD WOODLEY RD JEFFORDS ST JEFFORDS ST NORMANDY RD NORMANDY RD SANDRA DR SANDRA DR S HERCULES AVE S HERCULES AVE REBECCA DR REBECCA DR CANTERBURY RD CANTERBURY RD B E L L D R B E L L D R CANTERBURY RD CANTERBURY RD -Not to Scale--Not a Survey-Rev. 9/17/2020 AERIAL PHOTOGRAPH Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) 23904 D E 45656 33 26 1 2 3 45 6 7 891011121314 1 2 3 4 5 6 7 891011121314 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 129 128 127 126 125 16749 27036 0644 13158 22824 6 5 4 81 107 134 169 190 80 140 139 138 137 136 135 141 142 143 144 145 146 147 148149150 151152153 154 155 156 157 158 159 160 161 162163164165166167168 123 4 5 6 7 8 9101112 3 4 5 6 1 2 18 19 17 16 78778 1234 5 6 7 8 9 10 11 12 13 14 15 1 2 16 (125) (126) 12/01 RIPON DR BURNICE DR LEES CT WOODLEY RD JEFFORDS ST NORMANDY RD SANDRA DR S HERCULES AVE REBECCA DR CANTERBURY RD B E L L D R CANTERBURY RD 1200 1105 1241 12311964 203019872019202411052019 199020991980200119631229200119782007 1000 12502016201820312030203719701235 123420112007205020042031 210120911 1 1 0 2004200019792039 201920231241 2016110020372000202520111222 20392024 1223 20 2 5198420252005 1228 11001010 20202055202420671010 1103 2022207720792011202520851101 19932011203011042006 20361008 202311002012 201220351004 2100207610051005 201820732024207120121006 1001 1107 1100 1103 11081962 1100 19851209 121612152018203520101981 20131104 1009 202920062017201520091009 20701005 2036201720311006 1101 1111 11112036 197820071101 20211004 20081108 205610072051 200620291109 1008 21002013203020122005-Not to Scale--Not a Survey-Rev. 9/17/2020 EXISTING SURROUNDING USES MAP Owner(s): Matthew Ramsey & Aslyn Brandt Case: ANX2020-06006 Site: 2079 Burnice Drive Property Size(Acres): ROW (Acres): 0.34 Land Use Zoning PIN: 24-29-15-13158-000-0040 From : Residential Low (RL), Water R-3 Single Family Residential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential ANX2020-06006 Matt Ramsey & Aslyn Brandt 2079 Burnice Drive View looking south at subject property, 2079 Burnice Drive East of subject property West of subject property North of subject property, across Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8460 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve pursuant to Beach by Design, authorize the appropriate officials to execute same, and adopt Resolution 20-39. (HDA2020-08003; 309 Coronado Drive) Executive Summary The subject site (Parcel A; SpringHill Suites), along with Parcel B (Residence Inn) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser’s Office (PCPAO) combined the two parcels into one parcel. Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.B.2 provides that a “maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres”. As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8460 and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, Staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add three units to the subject hotel (Parcel/Hotel A) and two units to the adjacent hotel (Parcel/Hotel B). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: ·The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. ·There are minor discrepancies between the number of rooms approved per the Agreement and associated site plans, and the number of rooms constructed. ·There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1.To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2.To reallocate three units from the Reserve to this hotel (Parcel/Hotel A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. No changes have been made to the Development Proposal presented at the November 5, 2020 Council meeting. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to three units from the Hotel Density Reserve under Beach by Design. Page 2 City of Clearwater Printed on 11/13/2020 PLANNING & DEVELOPMENT DEPARTMENT Staff Report for Hotel Development Agreement CASE: HDA2020-08003 RESOLUTION NO.: 20-39 REQUEST: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309 Coronado Drive). Site History: The overall site has been developed with two hotels (Parcel/Hotel A and Parcel/Hotel B) with a current combined total of 255 units. There are existing discrepancies between approved and built conditions vis-à-vis the number of units related to the two hotels. Because the two projects are related and share structured parking integral to their operations, all the provided tables, below, will include data for both parcels for consistency and clarity. The two projects were allocated a total of 174 units from the Reserve (included in the above noted 260 total approved units) although only 169 were constructed. Table 1, below summarizes these conditions: Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 2 Table 1 Item Parcel A1 SpringHill Suites Parcel B2 Residence Inn Total Approved (per FLD/DVA) 142 118 260 Built (constructed) 138 117 255 Allocated 95 79 174 Used 93 76 169 Diff: Allocated vs. Used 2 3 5 1. FLD2009-08026 & DVA2009-00002: Original addresses 300 and 316 Hamden Drive and 301, 305, 309 and 315 Coronado Drive; original parcels 08-29-15-17604-000-0010, 08-29-15-17586-001-0010, 08-29-15- 17586-001-0040 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009- 08026A). 2. FLD2009-08027 & DVA2009-00003: Original addresses 316, 326 and 330 Hamden Drive; original parcels 08-29-15-17604-000-0030 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009-08027A). The two hotels include typical associated accessory uses and will include a non-accessory marina facility recently approved, as part of applications FLD2009-08026A (Hotel A) and FLD2009- 08027A (Hotel B), on September 15, 2020 by the Community Development Board (CDB). The two projects also included approved commercial space (non-accessory) summarized in Table 2, below: Table 2 Item Parcel A1 (SpringHill Suites) (SF) Parcel B2 (Residence Inn) (SF) Restaurant 2,750 0 Retail 3,900 1,335 Subtotal 6,650 1,335 Total 7,985 1. FLD2009-08026 & DVA2009-00002 2. FLD2009-08027 & DVA2009-00003 As noted, the two developments share a common 299-space parking garage which was originally approved with 302 spaces. Except for the construction of five less hotel units and three less parking spaces, the two projects have been developed consistent with the two previously approved Flexible Development and two related Development Agreement applications. Both projects are considered built and vested, and both Agreements allocating units from the Hotel Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 3 Density Reserve under Beach by Design expired in accordance with Section 5.3 of the Agreements on December 17, 2019. In July, 2020 the applicant submitted two new Flexible Development applications to amend FLD2009-08026/FLD2009-08026A (Parcel/Hotel A) and FLD2009-08027/FLD2009-08027A (Parcel/Hotel B) in anticipation of approval of this (and the companion) Hotel Development Agreement request. To date, the new applications have been reviewed by the Development Review Committee (DRC) on October 1, 2020, and the details of the FLD amendment request are completely consistent with the details of this Hotel Development Agreement request (detailed below). These applications are tentatively scheduled for review by the CDB in December. Development Proposal: The proposal is as follows (also summarized in Table 3, below): • Maintain the exterior and the bulk of the interior of the existing building; • Incorporate three additional hotel units from the Reserve within the existing building footprint of Hotel A; • Recreate two separate lots with two separate parcel identification numbers with Parcel A consisting of 0.979 acres and Parcel B of 0.946 acres. The proposed common property line will not exactly follow the originally approved path and the parcel sizes will change slightly to avoid splitting individual hotel units between the two parcels since hotel units must be completely contained on one parcel or the other. This results in a shifting of land area from the original Parcel A to Parcel B, as detailed in Table 3; • Decrease the overall amount of non-accessory commercial area within both hotels by 753 square feet from 7,985 square feet to 7,232 square feet with all 7,232 square feet to be located on Parcel A. • Provide flexibility regarding the types of uses permitted within the 7,232 square feet of non- accessory commercial area. The original Development Agreements and Flexible Development applications specified the exact mix (square footage) of retail and restaurant uses. It is proposed that the non-accessory commercial area may be occupied by any non- residential use otherwise permitted in the Tourist (T) District pursuant to CDC Section 2-802, as may be amended. • Add approximately 2,000 square feet of outdoor patio/deck area for outdoor seating and dining on Parcel A. • No other changes to the site or building are proposed. • This Agreement (HDA2020-08003) is specific ONLY to Parcel A. Table 3, below, summarizes the proposed changes in permitted and allocated units, acreage, and non-accessory commercial area (as approved and as proposed): Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 4 Table 3 Item Parcel A (SpringHill Suites) Parcel B (Residence Inn) Total Approve d Proposed Approve d Proposed Approve d Proposed Difference Acres 1.106 0.979 0.821 0.946 1.927 1.927 0.0000 Allocated Units 95 79 79 95 174 174 0 Net Base Permitted Units at 50 upa1 47 39 39 47 86 86 0 Total Units 142 118 118 142 260 260 0 Non- accessory Commercial Area1 6,650 7,232 1,335 0 7,985 7,232 -753 Accessory Commercial Area over 10% GFA1 -- 1,167.40 -- 0 -- 1,167.40 -- Final Net Density (upa) 1 150 150 150 150 -- -- -- 1. The permitted Floor Area Ratio (FAR) for the subject site is 1.0. The means that one square foot of land is needed to support one square foot of non-accessory commercial area. The proposal includes 7,232 square feet of non-accessory commercial area as well as 8,793 square feet of accessory area within Hotel A. The CDC requires that any amount of accessory floor area beyond 10 percent of the gross floor area (GFA) counts towards the otherwise permitted intensity of use of the site. The amount of accessory floor area equates to 11.53 percent of the GFA of Hotel A. The amount over 10 percent of the GFA of Hotel A is 1,167.40 square feet. That figure plus the 7,232 square feet of non-accessory commercial area totals 8,399.40 square feet (0.1928 acres). This area has been subtracted from the total proposed land area of Parcel A of 0.979 acres yielding 0.786 acres. It is this figure (0.7867 acres) which has been multiplied against the otherwise permitted number of hotel units (50 units per acre) and has also been used to determine the actual proposed final density. Note that Parcel B will include zero square feet of non-accessory floor area and little to no accessory floor area therefore the density calculations for this parcel require no land area subtractions. Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 5 Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum required lot area and width for overnight accommodations is between 10,000 and 20,000 square feet and between 100 and 150 feet, respectively. The minimum required lot area and width for Marinas and Marina Facilities is 5,000 square feet and 50 feet, respectively. The subject property (Parcel A) is proposed to be 42,669 square feet in area and between approximately 174 and 226 feet wide. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum required setbacks (front, side and rear) may all be reduced to zero feet. The Small Motel District of Beach by Design provides for specific side setbacks which supersede those provided by the CDC of a minimum of 10 feet. No changes are proposed which would affect any side setback. The addition of approximately 2,000 square feet of patio/deck area will require a reduction in the front setback along the west and north as part a review and approval of a Flexible Development application by the CDB. Maximum Height: Pursuant to CDC Table 2-803, the maximum permitted height for overnight accommodations is 100 feet. Hotel A was approved and built at a maximum height of 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). Hotel B was approved and built at a maximum height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). No changes to the building heights are proposed. The proposal is consistent with these prior approvals, Code provisions and the applicable portions of Beach by Design. Minimum Off-Street Parking: As noted, two Development Agreements were approved in conjunction with the existing hotels (Hotels A and B). Each agreement contained a provision (Section 4.2) specifying the minimum number of parking spaces. Between the two Agreements (and approved Flexible Development applications) a total of 302 parking spaces were required serving 260 approved hotel units (1.161 spaces per unit), which is less than the 1.2 spaces per unit otherwise required by CDC Section 2- 802 and 803. The Agreements also specified a total of 7,985 square feet of retail and restaurant space with no additional required parking. As previously noted, only 299 parking spaces and 255 hotel units were constructed. As a matter of comparison, the CDC-compliant compliment of parking for the proposed project (inclusive of 260 rooms, 7,232 square feet of non-accessory commercial area, and the recently approved 20-slip marina facility) would be between 373 and 409 spaces. This is based on certain assumptions, including that 100 percent of the non-accessory commercial space will be occupied Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 6 by restaurant(s), for which there is a range for parking depending on various factors, which results in the most conservative parking requirement. The applicant has included a parking demand study, based on actual usage at the site, which demonstrates that an average of 175 spaces of the 299 provided spaces are available (unused) as shown in Table 4, below. It is important to note that the parking demand study was conducted pre-pandemic in November of 2019 and considers both Parcels A and B, includes the allocation of five additional hotel units as well as the approved 20-slip Marina Facility. In summary, City staff has accepted the submitted parking demand study which demonstrates that the existing parking garage will accommodate not only the existing hotel rooms and the non-accessory commercial space but also the proposed 20-slip Marina Facility. Final site plan approval will require the review and approval of a Flexible Development application by the CDB. Table 4 Spaces Friday Saturday Range Range Available Spaces 204 179 176 138 Average Available Spaces 192 157 Total Average Available Spaces 175 Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the existing landscape areas will be slightly reduced with the inclusion of additional outdoor dining and seating areas. The conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. Consistency with Beach by Design: Design Guidelines: A review of the provided conceptual site plans was conducted and the proposal includes no changes to the building exterior. The building was constructed consistent with the previously approved Development Agreement and Flexible Development applications and is and will continue to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 7 Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for Development Agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Hotel Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of three units from the Hotel Density Reserve; • Sets the permitted amount of non-accessory commercial area to 7,232 square feet; • Allows the non-accessory commercial area to be used for any non-residential use otherwise permitted in the Tourist (T) District pursuant to CDC Section 2-802, as may be amended; • Requires a division of lot of record to be filed with the Pinellas County Property Appraiser and the City; • Requires the filing of a series of deed restrictions specific to amplified music, use of the non- accessory commercial area, operations of the proposed Marina Facility/Commercial Dock and the use of the parking garage; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; • Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; • Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; • Provides that no hotel room in a hotel allocated units from the Reserve will have a full kitchen; Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 8 • Provides that a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Hotel Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT HOTEL A/SPRINGHILL SUITES HOTEL THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of ____________, 2020, and entered into between Key Clearwater, LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.927 acres of real property which is legally subdivided into two hotels pursuant to that Minor Lot Adjustment as recorded in the public records of Pinellas County at Official Records Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” in the corporate limits of the City; and WHEREAS, the Property subject to this Agreement is described as “Hotel A” consisting of 0.9795 acres and more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, on January 16, 2007, the Community Development Board (CDB) approved Case No FLD2006-10054 to permit a commercial dock in conjunction with existing hotels/motels at 300, 316 and 326 Hamden Drive for 20 slips. Although this project had been constructed and is considered vested the structure has been removed; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08026 to permit a 142-room overnight accommodation use, 3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08027 to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-09036 to permit a commercial dock in conjunction with the non-constructed hotels at 300 and 316 Hamden Drive for 18 slips; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 95 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-00002) and adopted a resolution to the same effect (Res. No. 09-38). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 79 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-00003) and adopted a resolution to the same effect (Res. No. 09-39). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, prior to the expiration of DVA2009-00002 and DVA2009-0003, Developer’s predecessor in interest timely constructed the proposed Project which is open and operating for business; and WHEREAS, a condition of the approval and construction of the existing hotels was the recording of that certain Affidavit and approval of a Minor Lot Adjustment as recorded in the public records of Pinellas County at OR Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” as stated therein; WHEREAS, at the time of approval in November 2009, Hotel A was approved for 142 units on 1.106 acres, with 6,650 square feet of non-accessory commercial space, and Hotel B was approved for 118 units on 0.82 acres, with 1,335 square feet of non-accessory commercial space; and WHEREAS, the approvals cited above provided for a total of 260 units and only 140 units were constructed in Hotel B and 115 units in Hotel B for a total of 255 units; and WHEREAS, the as-built conditions of Hotel A and Hotel B varied from the as- approved unit counts, acreage, and commercial space, in that Hotel A was built with 115 units on 0.9795 acres, with 7,232 square feet of non-accessory commercial space, and Hotel B was built with 140 units on 0.9469 acres, with 0 square feet of non-accessory commercial space; and WHEREAS, the proposed lot lines of Hotel A and Hotel B have been adjusted to reflect the as-built conditions; and WHEREAS, the Developer desires to renovate certain interior spaces of Hotel A to increase the number of rooms to 118 overnight accommodation units, by adding three units as previously allocated from the Hotel Density Reserve but not constructed; and WHEREAS, Hotel A will be limited to 7,232 square feet of non-accessory commercial area in which any use permitted as a Flexible Standard Development pursuant to Community Development Code Section 3-802 (as may be amended) may be established; and WHEREAS, upon completion, Hotel A will contain 118 overnight accommodation units, which includes 79 units from the Hotel Density (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on _________, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T) District. 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 309 Coronado Drive as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 118 overnight accommodation units. Of the 118 overnight accommodation units, 79 total units shall be from the Hotel Density Reserve; 77 of such Reserve Units were previously constructed and are existing. 4.2 The Project combined of Hotel A and Hotel B shall include a minimum of 299 parking spaces, as defined in the Code. 4.3 The design of the Project, as constructed pursuant to the above-referenced approvals, is consistent with Beach by Design. 4.4 The density of the Project shall be 149.99 units per acre based on the portion of the site necessary to support the number of provided hotel rooms and as delineated by the lot line adjustment referenced in Section 6.1.3.3. In no instance shall the density of a parcel of land exceed 150 units per acre based on the portion of the site necessary to support the number of provided hotel rooms. The height of the Project shall be 74.33 feet measured from Base Flood Elevation to roof slab, as defined in the Code and as constructed. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 4.5 The Project shall include no more than 7,232 square feet of non-accessory commercial space within the hotel building (Hotel A). SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be incorporated into the existing development as may be amended from time to time. 6.1.3.2 The Developer shall obtain appropriate building plan approval or site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer agrees that Parcel A as originally described in a Declaration of Unity of Title signed, sealed and witnessed on October 20, 2015, is recreated through a new Declaration of Unity of Title with the Clerk of the Court and a Parcel Combination Request form with the Pinellas County Property Appraiser prior to the issuance of any further permits for any construction. 6.1.3.4 The Developer shall submit a lot line adjustment request to the Pinellas County Property Appraiser subsequent to a review and approval by the City as part of a Level II Flexible Development application, to reflect the lot lines as shown in Exhibit “B” to this Agreement. 6.1.3.5 The City has received and maintains on file the required evacuation plan as a condition of the Certificate of Occupancy previously issued for the construction of the Property. 6.1.4 Covenant of Unified Use. The Property is encumbered by a Covenant of Unified Use pursuant to the Development Agreement recorded at OR Book _____, Page ___ of the public records of Pinellas County. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11. Limitation on area of Non-Accessory Commercial Area and the types of permitted Uses. The Developer agrees that the 7,232 square feet of non-accessory commercial space specified in Section 4.5 of this Agreement may be occupied by any non-residential use pursuant to CDC Section 2-802 (as may be amended). 6.1.12 Limitation on Marina Facility. 6.1.12.1 The Developer agrees that activities such as servicing, fueling, pumping-out (with the exception of portable pump out facilities), commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.12.2 The Developer agrees that the number of conveyable marina slips shall be limited to no more than a total of 20 as shared between Parcels/Hotels A and B. The City acknowledges that any additional marina slips for the sole use of the hotel and its guests may be added as permitted by local and state authorities without the need for additional parking. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.12.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.12.4 The Developer agrees that use and rental of any Personal Watercraft located on, tied to or launched from the associated Commercial Dock/Marina Facility as may be approved as part of a Flexible Development application limited to owners, guests, invitees of marina or hotel guests; 6.1.12.5 The Developer agrees that no commercial signage except for any signage as may otherwise be required by City, County, State and/or Federal regulations be posted on the Commercial Dock/Marina Facility; 6.1.13 Availability of Parking Spaces. The Developer agrees that none of the on-site parking spaces will be available for sale or lease to the general public and that all parking spaces on the site will be for the sole use of hotel staff and/or guests and/or patrons of the 20-slip commercial dock/marina facility. 6.1.14 The Developer agrees that a deed restriction outlining Sections 6.1.10 through 6.1.13 shall be submitted to and approved by Staff prior to the issuance of any permits. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive three (3) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a)They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b)They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c)They are specifically anticipated and provided for in this Agreement; (d)The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e)This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Key Clearwater, LLC 848 Brickell Avenue Suite 1100 Miami, FL 33131 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 600 Cleveland Street Suite 800 Clearwater, FL 33755 If to City: City of Clearwater Attn: City Manager 600 Cleveland Street Suite 600 Clearwater, FL 33755 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signatures begin on following page] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: KEY CLEARWATER, LLC, a Florida limited liability company By: KEY INTERNATIONAL, INC, a Florida corporation, its sole member ______________________________ By:________________________________ Print Name_____________________ Print Name : ________________________ Its: ________________________________ ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2020, by _____________________, as ____________ of Key International, Inc., a Florida corporation, as the sole member of Key Clearwater, LLC, a Florida limited liability company, on behalf of the company, who is [ ] personally known to me or has [ ] produced __________________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ Frank Hibbard, Mayor Approved as to Form: __________________________________ Michael P. Fuino Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ______________ 2020, by FRANK HIBBARD, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ______ day of __________, 2020, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” Legal Description (Hotel A) LEGAL DESCRIPTION 13845114v1 EXHIBIT “B” Lot Line Adjustment UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C1.1CIVIL SITE DATA FLOOD ZONE INFORMATION:15298SECTION , TOWNSHIP S, RANGE EPINELLAS COUNTY FLORDIASTREET MAPAERIAL MAPLEGAL DESCRIPTION (HOTELS A AND B):NORTHCITY OF CLEARWATERPROJECTSITEPROJECTLOCATIONLots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the platthereof as recorded in Plat Book 21, Page 79, of the Public Records ofPinellas County, Florida.The parcel contains 48,190.53 square feet or 1.106 acres, more or less.TOGETHER WITHLots 1, 2, 3, 4, 1A, 2A, 3A, and 4A, COLUMBIA SUBDIVISION NO. 3,according to the plat thereof as recorded in Plat Book 27, Page 46, of thePublic Records of Pinellas County, Florida.The parcel described contains 83,918.00 square feet or 1.926 acres, moreor less.FLD 2009-08026FLD 2009-08027FLD 2009-09036DVA 2009-00002AGENCY RESPONSE STAMPSPREVIOUSPREVIOUSPREVIOUSPREVIOUSC1.1INDEX OF SHEETSC3.1CIVIL SITE DATASITE PLANFLD2009-08026BNEWSITE DATA HOTEL A (FLD 2009-08026B)08-29-15-17604-000-0010SITE DATA HOTELS A & BSITE DATA HOTEL B (FLD 2009-08027B)HOTEL AEXISTING (ISR) FOR THE PROPOSED LOT/HOTEL A WITHOUT THEPROPOSED OUTDOOR SEATINGLOT AREA = 40,581 + 2088 = 42,669 SQ.FT.EX. IMPERVIOUS SURFACE RATIO (ISR) = 32,327.75 / 42,669 = 0.757PROPOSED (ISR) FOR THE PROPOSED LOT/HOTEL A WITH THEPROPOSED OUTDOOR SEATING IMPERVIOUS SURFACE = 32,327.75 + 2036 = 34,363.75 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 34,363.75 / 42,669 = 0.805HOTEL BEXISTING / PROPOSED (NO CHANGE)LOT AREA = 38,800 + 2,449 = 41,294 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 28,994.11 / 41,294 = 0.702L1.1LANDSCAPE PLANHDA 2020-04002 HOTEL A Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:23:13 PM,AutoCAD PDF (High Quality Print).pc3 rdrdrdrdrdrdGASS HAMDEN DRIVECORONADO DRIVETHIRD STREETCLEARWATER HARBORRESIDENCE INN(HOTEL B 142ROOMS) TOTALAREAB1+B2=0.9469 AC.PARCEL B1PARCEL B2PARCEL A2UPUPSTAIR #1P1-S1WOMEN'S LOCKER RMP1-08CORRIDORP1-04MEN'S LOCKER RMP1-07BREAKP1-06HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPRETAIL/RESTAURANTP1-09ENGINEERINGP1-10STORAGEP1-11DELIVERYP1-17UPUPMAIN ELECTRICALP1-13MAIN MECHANICALP1-14HAMDEN RETAILP1-1615'5'PARCEL A1SPRINGHILL SUITES(HOTEL A 118ROOMS)TOTAL AREAA1&A2= 0.9795 AC.1234567891011121314151617181920PWCPWCPWCPWCPWCPWCPARCEL B138,800 SQ. FT.PARCEL A140,581 SQ. FT.NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C3.1PROPOSED SITE PLAN NEW WOODDECK FOR OUTDOOR SEATINGLEGEND200102040SCALE: 1"=20'NORTHPARCEL B1 & B2 ( RESIDENCE INN )PARCEL A1 & A2 ( SPRINGHILL SUITES )LEGENDHDA 2020-04002 HOTEL A Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:24:02 PM,AutoCAD PDF (High Quality Print).pc3 UP UPSTAIR #1P1-S1BREAKMEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08P1-06CORRIDORP1-04HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPNorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .L1.1HDA 2020-04002 HOTEL A LANDSCAPE PLAN Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:25:06 PM,AutoCAD PDF (High Quality Print).pc3 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSDSMSQSD.33' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"SH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-301T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"SNE2E2E3GSST1E3ST3E3E3E3E2E3E3E2ST3ST3E2ALSEULUUUULUUULLAAABBKBBKKUUUUKLLUUUUKKUUUUUUUUUUUUUUUUUUUUUUUUBKLAABBKLKLABKKBK12A-501EXPANSION JOINT -SEE SHT - A-501EXPANSION JOINT -SEE SHT - A-501E5A-2056A-2057BASE FLOOD ELEVATION (BDE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLA-201.A3L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALLUKNOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF SLIDING DOORS INHOTEL TOWER - TYP.NOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF WINDOWS INHOTEL TOWER - TYP.Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 10:47:02 AMA-201.AEAST ELEVATION- PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.A1EAST ELEVATION - PART A 3/64" = 1'-0"A-201.A2EAST ELEVATION KEY ABA 1/4" = 1'-0"A-201.A3LOCATION OF OPENING/WINDOW/SLIDING DOOR1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-26-15 RELEASED FORCONSTRUCTION4 11-11-15 ADDENDUM # 144 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNNNLNGNBNRNDNQNFNANE1A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"3' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"E2E2ST3G5E2E5CTGSCTMPE5E2ND.5NG.8NH.82A-2032A-2031A-3081A-308E2ST1S1S1KBKBLAKLLUUUUUUUUKKKKKKXXTTKKUUUU11A-5025A-324LB4LB4LB4 LB4LB4LB4LB4LB4KKA-2062A-2063BASE FLOODELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL78' - 0"DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOODELEVATION (DFE)12'-0" AMSLRAILINGSTRUCTURAL GLASS WITHCONTINUOUS CAP (CAPPAINTED WOOD GRAIN)A-5061L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:01 PMA-201.BEAST ELEVATION- PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.B1EAST ELEVATION - PART B 3/64" = 1'-0"A-201.B2EAST ELEVATION KEY BBANOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 142-24-16ADDENDUM # 45 4-26-16 ADD. # 1R PERMIT REVISIONS6 7-01-16 ADDENDUM #4R1 CITY COMMENTS7 10-25-16 ADDENDUM #88 11-22-16 ADDENDUM #10 DIGITALVIDEOIN P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSMSH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-3018' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E3E3E2E2E3SESA.3BASE FLOOD ELEVATION (BFD)11'-0" AMSL78' - 0"E3E3E2E2E2DESIGN FLOOD ELEVATION (BFD)12'-0" AMSLL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 11:34:37 AMA-202.AWESTELEVATION -PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.A1WEST ELEVATION - PART A 3/64" = 1'-0"A-202.A2WEST ELEVATION KEY AAB1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 13 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNLNGNBNRNDNQNFNANE1A-3061A-3061A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"6"14' - 0"9' - 0"11' - 0"14' - 0"10' - 0"10' - 0"10' - 0"3' - 0"8' - 6"STREET LEVEL6' - 0"STREET LEVEL6' - 0"S1ST2E5E2CTE2MPCTCTCTS1E5E2ST1G1E2ND.5NG.8NH.81A-3081A-308S1LB4LB4LB4LB4 LB4 LB4LB4 LB4LB4 LB4A-2053A-5064ALA-2054A-2052A-2051A-2055A-2061DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION (DFE)12'-0" AMSL78' - 0"BASE FLOOD ELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSLEQEQ14A-650serveryL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:42 PMA-202.BWESTELEVATION -PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.B1WEST B 3/64" = 1'-0"A-202.B2WEST ELEVATION KEY BABNOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N1.4N2.9N5N7N8.7N1.9N2N63' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"8' - 11"5' - 1"6"1' - 6"N7.81A-3121A-3121A-3131A-3131A-3111A-311N9T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"UTILITY LEVEL11' - 1"DELIVERY4' - 0"E5S1E2G5CTMPCT3' - 7"16' - 6"25' - 3"30' - 0"30' - 0"11' - 8"18' - 10"25' - 0"1' - 6"11' - 6"CTST1ST2ST2E2E2?CTG5CJ - A : 1 1/2"HORIZONTALTYPICALCJ - B: 1/8"VERTICALTYPICALN4.32A-203KKKKKKKKLLWWWWKKG.3DF.1S1S1G.3G.3A-2033A-50465A-5055A-328LB4LB4LB4LB4LB4LB4LB4A-2071A-2072BASE FLOOD ELEVATION(BFE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION(DFE)12'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL15A-637LB44A-50516A-6375A-203L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALREVEALWHITEEIFS1 1/2"LINE OFEXTERIORSHEATHINGBEHIND5/8"T. O. REVEAL4A-203STUCCO 'V' REVEALWIRED TO CMU5/8"1/8"STUCCO(SEE ELEVS.FOR COLOR)FACE OF CMULEVEL 1 HOTEL40' - 0"CONTROLJOINTEIFSEXT. SHEATHING8" CMUSTUCCOCONT. AIR &WATER BARRIERSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:21:08 PMA-203NORTHELEVATIONJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2031NORTH ELEVATION 6" = 1'-0"A-2032SECTION @ LARGE EIFS REVEAL 6" = 1'-0"A-2033ELEVATION DETAIL 'V' REVEAL 6" = 1'-0"A-2034SECTION @ STUCCO 'V' REVEAL 3" = 1'-0"A-2035SECTION @ MATERIAL CHANGENOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N2.8N5.5N5.8N4.2N0.9N2.23' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"1A-3121A-3121A-3131A-313T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E2ST220' - 3"21' - 0"20' - 6"20' - 6"20' - 6"8' - 6"E1CTE3E3E2E3E2N4.3ARCHITECTURAL LOUVERS - COLORTO MATCH EIFS/STUCCO COLOR3' - 4"4' - 0"1' - 4"4' - 0"8' - 8"3' - 4"6' - 8"10' - 8"6' - 8"11' - 1"8' - 0"4' - 0"1' - 4"1' - 4"5A-328BASE FLOOD ELEVATION (BFL)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFL)12'-0" AMSLA-5101515A-637S16' - 0"ST3E5E3ST3E2ST15A-203P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"S2S6S2.2S4.41A-3141A-3141A-3101A-310T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"8' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"E2ST3E2ST3G1S2.6S4.7S1.5E1ST1S6.54A-32978' - 0"L1K1E1E2ST3ST3ST1ST1E2K1L1BBAL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated2/24/2016 5:19:51 PMA-204SOUTHELEVATIONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2041SOUTH ELEVATION - PART B 1/8" = 1'-0"A-2042SOUTH ELEVATION - PART A222341 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-09-15 PERMIT REVISIONS4 11-11-15 ADDENDUM # 15 2-24-16 ADDENDUM # 45 Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:09:58 PMA-214BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2141SOUTHEAST AXONA-2142NORTHWEST AXON Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:11:41 PMA-215BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2151SOUTHWEST AXONA-2153NORTHEAST AXON UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPUPUPSTAIR #2P2-S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-002FLOOR PLAN -P-2 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0021SECOND FLOOR PLANLOT BLOT APROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPDNUPUPUPSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-003FLOOR PLAN -P-3 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00311/16" FLOOR PLAN - P-3 PARKINGLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A SHS KINGOFFICEOFFICEOFFICEWOMENMENFITNESS SHS QUEEN/QUEEN SHS QUEEN/QUEEN-0"-29''-14' 6"4'14 611114-614'-6"4'-414 6614-6RESIDENCE INN 140 ROOMSSPRINGHILL SUITES 118 ROOMSLOT BLOT ABALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSEDRESIDENCE INN 142 ROOMSLOT A KING STUDIO204KING STUDIO -COMMUNICATIONACCESSIBLE202KING STUDIO206KING/KING 2-BDR208KING 1-BDR210KING STUDIO212DBL QUEEN STUDIO211KING STUDIO214DBL QUEEN STUDIO213KING 1-BDR216KING 1-BDR218KING STUDIO220KING STUDIO222KING 1-BDR224DBL QUEEN 1 BDR215DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE217DBL QUEEN STUDIO219DBL QUEEN STUDIO221DBL QUEEN 1 BDR223DBL QUEEN 1 BDR225KING STUDIO228KING STUDIO230KING 1-BDR232KING STUDIO236KING STUDIO238KING STUDIO240KING STUDIO242KING STUDIO237KING STUDIO239KING STUDIO241KING STUDIO243KING STUDIO245KING STUDIO247DOUBLE QUEEN - MOB. &COMM. ACCESSIBLEW/ROLL-IN SHWR251KING253DOUBLE QUEEN255DOUBLE QUEEN257KING256KING254KING258DOUBLE QUEEN259KING260DOUBLE QUEEN261KING262DOUBLE QUEEN263DOUBLE QUEEN265DOUBLE QUEEN -COMMUNICATIONACCESSIBLE267KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR269DBL QUEEN271DOUBLE QUEEN -COMMUNICATIONACCESSIBLE273KING274DOUBLE QUEEN275KING278DOUBLE QUEEN277KING276DOUBLE QUEEN279KING280DOUBLE QUEEN281KING282DOUBLE QUEEN283KING284DOUBLE QUEEN285DBL QUEEN287KING289KING291KING293STAIR #32S3DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE209H.K. / STO.227.1SERVICE VESTIBULE298AICE252CORRIDORH.K. / STO.264ELECTRICAL268TELECOM270STAIR #12S1CORRIDORSTAIR #22S2ELEVATOR LOBBY295PASSENGER ELEVATORP1PASSENGER ELEVATORP2SERVICE ELEVATORS1ELECTRICAL227.2KING 1 BDR226IT227.3H.K. / STO.250PASSENGER ELEVATORP3ELEV. LOBBY207IT203SHUTTLE ELEVATORP4ELEC.205Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-005FLOOR PLAN -LEVEL 2 (TYP.LEVEL)SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00511/16" FLOOR PLAN - LEVEL 2 (TYP. LEVEL)LOT BLOT ASPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR308KING 1-BDR310KING STUDIO306KING STUDIO302KING STUDIO304DBL QUEEN STUDIO313KING STUDIO312KING STUDIO314KING 1 BDR316DBL QUEEN 1 BDR315DBL QUEEN 1 BDR317KING 1 BDR318KING STUDIO320DBL QUEEN STUDIO319DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE321KING STUDIO322KING 1-BDR324DBL QUEEN 1 BDR323DBL QUEEN 1 BDR325KING STUDIO328H.K. / STO.327.1KING STUDIO337KING STUDIO330KING 1-BDR -COMMUNICATIONACCESSIBLE332KING 1-BDR - MOBILITYACCESSIBLE W/NONROLL-IN SHWR334KING STUDIO336KING STUDIO338KING STUDIO340KING STUDIO342KING STUDIO339KING STUDIO341KING STUDIO343SERVICE VESTIBULE398ICE352KING STUDIO345KING STUDIO -COMMUNICATIONACCESSIBLE347DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR351KING - COMMUNICATIONACCESSIBLE353DOUBLE QUEEN355DOUBLE QUEEN357DOUBLE QUEEN359DOUBLE QUEEN361DOUBLE QUEEN363DOUBLE QUEEN365DOUBLE QUEEN -COMMUNICATIONACCESSIBLE367KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR369DBL QUEEN371TELECOM370ELECTRICAL368DOUBLE QUEEN373DOUBLE QUEEN375DOUBLE QUEEN377DOUBLE QUEEN379DOUBLE QUEEN381DOUBLE QUEEN383DOUBLE QUEEN385KING384KING382KING380KING378KING376KING374H.K. / STO.364KING362KING360KING358KING356KING354DBL QUEEN387KING389KING391KING - COMMUNICATIONACCESSIBLE393DBL QUEEN STUDIO311DBL QUEEN STUDIO-MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR309ELEV. LOBBY307IT327.3ELEC.303.1H.K. / STO.305IT303.2H.K. / STO.301STAIR #33S3CORRIDOR399ELECTRICAL327.2H.K. / STO350STAIR #13S1STAIR #23S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-006FLOOR PLAN -LEVEL 3SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00611/16" FLOOR PLAN - LEVEL 3LOT ALOT BSPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR408KING 1-BDR410DBL QUEEN STUDIO409KING STUDIO -COMMUNICATIONACCESSIBLE412DBL QUEEN STUDIO411KING STUDIO414DBL QUEEN STUDIO413KING 1-BDR416DBL QUEEN 1 BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR415KING 1-BDR418DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE417KING STUDIO420DBL QUEEN STUDIO419KING STUDIO422DBL QUEEN STUDIO421KING 1-BDR424DBL QUEEN 1 BDR423DBL QUEEN 1 BDR425KING STUDIO428H.K. / STO.427.1KING STUDIO430CORRIDOR499KING 1-BDR432KING 1-BDR434KING STUDIO436KING STUDIO438KING STUDIO - MOBILITYACCESSIBLE W/NONROLL-IN SHWR437KING STUDIO440KING STUDIO439KING STUDIO442KING STUDIO441SERVICE VESTIBULE498AKING STUDIO443ICE452KING STUDIO445KING STUDIO447DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR451ELEVATOR LOBBY495KING - COMMUNICATIONACCESSIBLE453KING454DOUBLE QUEEN455KING456DOUBLE QUEEN457KING458DOUBLE QUEEN459KING460DOUBLE QUEEN461KING462DOUBLE QUEEN463H.K. / STO.464DOUBLE QUEEN465DOUBLE QUEEN -COMMUNICATIONACCESSIBLE467ELECTRICAL468KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR469TELECOM470DBL QUEEN471DOUBLE QUEEN -COMMUNICATIONACCESSIBLE473KING474DOUBLE QUEEN475KING476DOUBLE QUEEN477KING478DOUBLE QUEEN479KING480DOUBLE QUEEN481KING482DOUBLE QUEEN483KING484DOUBLE QUEEN485CORRIDOR497STAIR #24S2DBL QUEEN487KING489KING491KING - COMMUNICATIONACCESSIBLE493SERVICE ELEVATORS1PASSENGER ELEVATORP2PASSENGER ELEVATORP1STAIR #14S1KING STUDIO406KING STUDIO -COMMUNICATIONACCESSIBLE402STAIR #34S3H.K. / STO.401ELEV. CONTROL ROOM496ELEV. LOBBY407ELEV. CONTROL405KINGSTUDIO404IT403.2ELEC.403.1ELECTRICAL427.2IT427.3H.K. / STO.450Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-007FLOOR PLAN -LEVEL 4SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00711/16" FLOOR PLAN - LEVEL 4LOT BLOT ARESIDENCE INN 140 ROOMSSPRINGHILL SUITES 115 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A 1 Springhill Suites Hotel 309 Coronado Drive Narrative – HDA for Lot/Hotel A Request Approval of a Development Agreement for the allocation of three hotel units from the Hotel Density Reserve under Beach by Design to permit a 118-unit Overnight Accommodations use for Lot/Hotel A in the Tourist (T) District, under the provisions of CDC Section 4-606.C.1. Proposal The existing Lot/Hotel A is currently developed with the Springhill Suites Hotel with 138 hotel units, along with an existing 7,232 square feet of non-accessory commercial floor area. This existing Lot/Hotel A was approved under Case FLD2009-08026 by the Community Development Board (CDB) on November 17, 2009. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377 to the existing lot lines. A Unity of Title for Lot/Hotel A was recorded in OR Book 18985, Pages 2327 – 2330. A parcel combination was initiated by the Pinellas County Property Appraiser in 2015. Hotels A and B, totaling 255 units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces, was constructed under BCP2015-05353. Upon completion of Hotel A and Hotel B in 2017, and then upon subsequent branding of the hotels as Springhill Suites and Residence Inn, respectively, the as-built and branded condition of the hotels did not match the acreage and unit-counts of the original approvals. Therefore, in connection with this HDA application, and a subsequent FLD and minor lot line adjustment, the acreage and unit-counts for both hotels will be clarified and will be consistent with approvals. In other words, the number of hotel units approved for the existing Lot/Hotel A is flipped from that approved for Lot/Hotel B. The proposed new lot lines will fix these discrepancies. The new proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre). Therefore, the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. This proposal is to add three hotel units to the existing 115-room overnight accommodation use on this proposed Lot/Hotel A, with a reduction to required shared parking from 400 total required spaces based on the Shared Parking provisions of CDC Section 3-1405 to the existing 299 spaces. These three hotel units requested were part of the overall original amount of hotel units approved under DVA2009-00002, DVA2009-00003, FLD2009-08026, and FLD2009-08027 (total of 260 hotel units approved, but only 255 hotel units constructed in 2015). The approved, but not constructed, five hotel units were returned to the Hotel Density Reserve when the Certificate of Occupancy was granted in 2017. This proposal is to gain back those total five overall hotel units lost. The proposed three hotel units for Lot/Hotel A will be constructed in the interior of the existing hotel building on Level 4 by reconfiguring common space or by eliminating accessory use floor area. The proposed density/intensity for Lot/Hotel A is discussed below under the Density and Floor Area Ratio (FAR) section below. This site is located within the area designated by Beach by Design as the Small Motel District. Beach by Design identifies this area as an area of potential revitalization through land assemblage and renovation in response to improving conditions on the balance of Clearwater Beach. Beach by Design recognizes that the condition of the existing and older small motels is not the “highest and best” use of these properties without significant property assembly providing for new development. This site is within the heart of the 2 tourist area and an area of intense redevelopment. Development of Hotels A and B accomplished significant land assemblage. The Hyatt Hotel and Surfstyle developments are directly across Coronado Drive from the subject property, each including parking garages with hundreds of public parking spaces. The City has demonstrated through the creation of Beach by Design that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that this broad range of uses contribute to the creation of the unique character and atmosphere that is Clearwater Beach. Site Location and Existing Conditions The original, approved Lot/Hotel A is 48,151 gross square feet (1.1054 gross acres), currently developed with an existing Springhill Suites Hotel with 138 hotel units and with an existing 7,232 square feet of non- accessory commercial floor area. Originally, Lot/Hotel A approved under Case FLD2009-08026 by the Community Development Board (CDB) on November 17, 2009, included 142 rooms, 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area on 1.106 acres. Lot/Hotel A received 95 rooms from the Hotel Density Reserve, approved under Case DVA2009-00002. Combined, Lots/Hotels A and B under prior approvals, provided for 260 rooms, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet), and 302 parking spaces. Also, Case FLD2009-09036 was approved on November 30, 2009, for a commercial dock for 18 slips totaling 2,592.7 square feet, as accessory to the upland hotels. While time extensions were approved by the Planning Director and the CDB, the approval of these docks expired and was never constructed. A First Minor Revision for the hotel was approved by the Planning Director on November 18, 2014, to permit minor revisions to the overall building footprint and building facades. A Second Minor Revision was approved by the Planning Director on June 16, 2015, to permit minor revisions to the building footprint and building facades, along with minor revisions to the amount and location of landscape materials. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for the existing Lot/Hotel A and Lot/Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Lot/Hotel A lot was recorded in OR Book 18985, Pages 2327 – 2330. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site, with a Certificate of Occupancy issued August 30, 2017. A Third Minor Revision was approved by the Planning Director on August 30, 2019, increasing the total restaurant floor area to 5,941 square feet and decreasing the total retail sales floor area to 1,291 square feet within the existing 7,232 square feet of existing non- accessory commercial floor area. The subject property is zoned Tourist (T) District with a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located in the Small Motel District of Beach by Design. Compliance with the Flexible Development Standards of CDC Table 2-803 and other CDC Requirements Density and Floor Area Ratio (FAR) – With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 3 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This proposal corrects the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre) and the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. Subtracting the non-accessory commercial floor area as primary uses (7,232 square feet) from the gross lot square footage produces 35,437 net square feet, or 0.8135 net acre. Additionally, pursuant to CDC Section 2-803.K.11.c, which reduces the net lot area by the square footage of accessory uses exceeding 10% of the gross floor area. The accessory uses on proposed Lot/Hotel A total 10,195 square feet (13.4% of gross floor area [GFA]). The proposal adding three hotel units to proposed Lot/Hotel A (by eliminating or reconfiguring accessory use floor area) reduces the accessory uses square feet to a proposed 8,793 square feet (11.5% of GFA). Pursuant to CDC Section 2-803.K.11.c, the floor area above 10% of the GFA (8,793 sf – 7,626 sf = 1,167 square feet) must be subtracted from the gross lot square feet to determine the net lot square footage to determine the number of hotel units permitted by right (50 units/acre) and the maximum number of hotel units permissible under Beach by Design (150 units/acre) for the allocation of hotel units from the Hotel Density Reserve. Subtracting this 1,167 square feet from the gross lot square footage produces a net lot square footage of 34,270 square feet (0.7867 net acre),which is used for calculating the permissible number of units for this proposed Lot/Hotel A site. At the permitted density of 50 units/acre, a maximum of 39 units are allowed. At the maximum allowable density by Beach by Design of 150 units/acre, a maximum of 118 hotel units is permissible. The maximum number of units that can be allocated from the Hotel Density Reserve for proposed Lot/Hotel A is 79 hotel units (118 – 39 = 79). Originally there were 142 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 138 hotel units on the Lot/Hotel A site. With the 115 hotel units constructed on the new proposed Lot/Hotel A site and based on the 0.7867 net acre, the existing density is 146.18 units/net acre. Adding the proposed three hotel units to this new proposed Lot/Hotel A will increase the total number of hotel units to 118, with a proposed density of 149.99 units/net acre, still below the maximum allowable density of 150 units/acre. The maximum FAR allowable in the Tourist (T) District is 1.0. Based on the gross lot square footage of 42,669 square feet of the proposed Lot/Hotel A and the 7,232 square feet of existing non-accessory commercial floor area, the proposed Floor Area Ratio (FAR) is 0.17 FAR. As such, the overall proposed density of 149.99 units/net acre and the proposed FAR of 0.17 meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable ISR is 0.95. The existing ISR the proposed Lot/Hotel A is 0.80 and, with the addition of proposed outdoor seating patios (under a proposal to the CDB), the proposed ISR will increase to 0.85, which is still consistent with the Code provisions. Minimum Lot Area and Width – The minimum lot area for an overnight accommodation use is 10,000 – 20,000 square feet, pursuant to CDC Table 2-803. The 42,669 gross square feet (0.9795 gross acre) for the proposed Lot/Hotel A greatly exceeds the lot area requirements of this standard for overnight accommodations. The minimum lot width for an overnight accommodation use is 100 – 150 feet, pursuant 4 to CDC Table 2-803. The existing Lot/Hotel A, based on the recorded Minor Lot Adjustment and Unity of Title, has a lot width of 243.56 feet along Coronado Drive, 220 feet along Third Street, and 166 feet along Hamden Drive. The proposed new lot width along Hamden Drive is 226 feet along Hamden Drive (no changes to the lot widths along Coronado Drive and Third Street), which greatly exceeds the lot width requirements of this standard for overnight accommodations. Minimum Setbacks and Stepbacks – The proposal to add three hotel units to this Hotel A site will occur internally within the existing building. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. A companion FLD application for Lot/Hotel A is being reviewed by the CDB as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The hotel building was constructed in accordance with the setbacks approved in the original approval under FLD2009-08026. The companion FLD application for Lot/Hotel A being reviewed by the CDB requests reductions to setbacks for outdoor seating patios. Maximum Height – The approved and now existing building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’- 0”. There are no proposed changes to this approved and constructed hotel building height. Minimum Off-Street Parking – The original approvals in 2009 for Hotels A and B provided 302 parking spaces for the combined total of 260 hotel units, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet). There were 299 total parking spaces constructed under BCP2015-05353 issued by the City’s Planning and Development Department. Under the approvals of FLD2009-08026 and FLD2009-08027 for Hotels A and B, when all uses were taken into account for required parking (hotels, retail sales, and restaurants) and the Shared Parking calculation of CDC Section 3-1405 was applied, the required parking totaled 376 parking spaces. A Parking Demand Study submitted with FLD2009-08026 and FLD2009-08027 justified the reduction to the approved 302 spaces. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site. The proposals for Lot/Hotel A and Lot/Hotel B include adding five hotel units to the 255 units constructed (proposed total of 260 units; same as the original approvals) and a companion FLD proposal to be considered by the CDB to permit all existing 7,232 square feet of non- accessory commercial floor area to be able to have restaurant uses (or allowable uses with a similar 12 parking spaces/1,000 square feet or a lesser parking requirement to allow flexibility for leasing of the commercial tenant units), along with the 20 slip marina recently approved under FLD2009-08026A and FLD2009-08027A (which requires a maximum of 10 parking spaces), a new Shared Parking calculation under CDC Section 3-1405 indicates a total of 400 spaces required for all existing or proposed uses. It is noted there is no additional parking required for the proposed outdoor seating patios, in accordance with CDC Section 3-204.E. These existing or proposed changes under this proposal represents an increase in required parking of 24 parking spaces, reflecting only a 6.38% increase over that required in 2009. Today, there are hundreds of public parking spaces available in the Hyatt Hotel and in the Surfstyle parking garages, where both garages are located directly across Coronado Drive from this site. A new Parking Analysis has been provided with the companion FLD application to be considered by the CDB justifying the requested reduction from 400 spaces required to the existing 299 parking spaces. 5 Mechanical Equipment – There is no additional mechanical equipment proposed with this proposal to add three hotel units. Sight Visibility Triangles – CDC Section 3-904.A restricts structures and landscaping which will obstruct views at a level of 30 inches and eight feet above grade within 20-foot sight visibility triangles at driveways and street intersections. There are two-way driveways existing on Coronado Drive and Hamden Drive. The proposal to add three hotel units on the Lot/Hotel A internally will not impact sight visibility for drivers or pedestrians. Utilities – For development that does not involve a subdivision, CDC Section 3-912 requires all utilities including individual distribution lines to be installed underground unless such undergrounding is not practicable. There are existing overhead utilities along the site frontage of the east side of Hamden Drive. The Development Orders for Hotels A and B required the undergrounding of these existing overhead utilities. The owners desired to underground these utilities previously, but were told they could not. These overhead utilities should be undergrounded at a future time when the City determines to underground these utilities in a coordinated project along all of Hamden Drive and assess the abutting property owners for the costs associated. The proposal to add three hotel units to Lot/Hotel A internally on the fourth floor lobby level will not impact existing utilities. Landscaping – The site was landscaped in accordance with approved plans when the hotel building was constructed in 2017. There are changes proposed to the existing landscaping on Lo/Hotel A property to add proposed outdoor seating patios under the companion FLD application being reviewed by the CDB. Separate FLD applications reviewed by the CDB for a marina for Lots/Hotels A and B proposal will landscape the area on the east side of Hamden Drive where the marina is proposed, in accordance with originally approved landscaping. Solid Waste – The site has an existing roll-off dumpster located within a dumpster room/delivery area on the north side of the building with a garage door. This existing dumpster capacity is sufficient for all users on site. The proposal to add three hotel units internally to Lot/Hotel A will not impact this existing dumpster. Signage – There is only attached signage existing on-site. Commercial tenants have only attached signage through a Comprehensive Sign Program. The proposal to add three hotel units internally to Lot/Hotel A will not impact existing signage. 1 Springhill Suites Hotel 309 Coronado Drive Responses to Beach by Design Design Guidelines Criteria – HDA for Lot/Hotel A Conformance with the Design Guidelines, intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach, is discussed below. The Design Guidelines are not intended to serve as regulations requiring specific relief, except with regard to building height and spacing between buildings exceeding 100 feet in height. This project lies within the Old Florida District of Beach by Design, where the development requirements set forth in the Old Florida District supersede any conflicting standards in the Design Guidelines and the Community Development Code (CDC). Section A – Density Design Response: With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This narrative clarifies the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre) and the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. Subtracting the non-accessory commercial floor area as primary uses (7,232 square feet) from the gross lot square footage produces 35,437 net square feet, or 0.8135 net acre. Additionally, pursuant to CDC Section 2-803.K.11.c, which reduces the net lot area by the square footage of accessory uses exceeding 10% of the gross floor area. Based on the proposed Minor Lot Amendment, the existing accessory uses on proposed Lot/Hotel A total 10,195 square feet (13.4% of gross floor area [GFA]). The proposal adding three hotel units to proposed Lot/Hotel A (by eliminating or reconfiguring accessory use floor area) reduces the accessory uses square feet to a proposed 8,793 square feet (11.5% of GFA). Pursuant to CDC Section 2-803.K.11.c, the floor area above 10% of the GFA (8,793 sf – 7,626 sf = 1,167 square feet) must be subtracted from the gross lot square feet to determine the net lot square footage to determine the number of hotel units permitted by right (50 units/acre) and the maximum number of hotel units permissible under Beach by Design (150 units/acre) for the allocation of hotel units from the Hotel Density Reserve. Subtracting this 1,167 square feet from the gross lot square footage produces a net lot square footage of 34,270 square feet (0.7867 net acre),which is used for calculating the permissible number of units for this proposed Lot/Hotel A site. At the permitted density of 50 units/acre, a maximum of 39 units are allowed. At the maximum allowable density by Beach by Design of 150 units/acre, a maximum of 118 hotel units is permissible. The maximum 2 number of units that can be allocated from the Hotel Density Reserve for proposed Lot/Hotel A is 79 hotel units (118 – 39 = 79). Originally there were 142 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 138 hotel units on the Lot/Hotel A site. With the 115 hotel units constructed on the new proposed Lot/Hotel A site and based on the 0.7867 net acre, the existing density is 146.18 units/net acre. Adding the proposed three hotel units to this new proposed Lot/Hotel A will increase the total number of hotel units to 118, with a proposed density of 149.99 units/net acre, still below the maximum allowable density of 150 units/acre. The maximum FAR allowable in the Tourist (T) District is 1.0. Based on the gross lot square footage of 42,669 square feet of the proposed Lot/Hotel A and the 7,232 square feet of existing non-accessory commercial floor area, the proposed Floor Area Ratio (FAR) is 0.17 FAR. As such, the overall proposed density of 149.99 units/net acre and the proposed FAR of 0.17 meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Section B – Height and Separation Design Response: Section B.1 – Height The Design Guidelines provide that a height up to 150 feet may be permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool, or via the Hotel Density Reserve with location standards. The approved building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.2 – Separation The Design Guidelines require that portions of any structures which exceed 100 feet in height are spaced at least 100 feet apart and also provide for overall separation requirements for all buildings which exceed 100 feet in height. The approved building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.3 – Floor Plate The Design Guidelines require the floorplate of any building exceeding 45 feet in height, with the exception of parking levels, be no greater than 25,000 square feet and also requires reduced floorplates exceeding 100 feet in height. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C – Design, Scale and Building Mass Design Response: Section C.1 – Building Dimensions 3 The Design Guidelines require buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet be constructed so that no more than the two of the three building dimensions in the vertical or horizontal planes are equal in length. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.2 – Building Plane Length The Design Guidelines require no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than 100 feet. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.3 – Windows and Building Decoration The Design Guidelines require at least 60 percent of any elevation to be covered with windows or architectural decoration. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.4 – Building Envelope The Design Guidelines provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.5 – Building Height and Mass Correlation The Design Guidelines require that the height and mass of buildings be correlated to: (1) the dimensional aspects of the parcel and (2) adjacent public spaces such as streets and parks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.6 – Mix of Uses The Design Guidelines permit buildings to be designed for a vertical or horizontal mix of permitted uses. The existing building for proposed Lot/Hotel A is a mix of an overnight accommodation use with a proposed total of 118 hotel units and non-accessory commercial floor area of 7,232 square feet. Therefore, this provision is supported by this proposal. Section D – Setbacks and Stepbacks Design Response: Section D.1 – Rights-of-way The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a 4 minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. The proposal to add three hotel units internally will not impact existing setbacks. Therefore, this provision is supported by this proposal. Section D.2 – Side and Rear Setbacks The Design Guidelines provide that, except for the side and rear setbacks set forth elsewhere in Beach by Design, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact existing setbacks. Therefore, this Guideline is not applicable to the proposal. Section D.3 – Coronado Drive Setbacks and Stepbacks The Design Guidelines address setbacks and stepbacks along Coronado and Hamden Drives for projects utilizing the hotel density reserve to reduce upper story massing along the street and ensure a human scale street environment. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact existing setbacks or stepbacks. Therefore this Guideline is not applicable to the proposal. Section E – Street-Level Facades Design Response: Section E.1 – Openness The Design Guidelines require at least 60 percent of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way will include windows or doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyards or plazas. In addition, parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact the existing openness percentages. Therefore this Guideline is not applicable to the proposal. Section E.2 – Window Coverage The Design Guidelines provide that window coverings or other opaque materials may cover no more than 10 percent of the area of any street-level window that fronts on a public right-of-way. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this window coverage guideline. Therefore this Guideline is not applicable to the proposal. Section E.3 – Building Entrances 5 The Design Guidelines require that building entrances should be aesthetically inviting and easily identified. The existing entrance to the hotel and all existing commercial tenant spaces on Lot/Hotel A are easily identified and are aesthetically inviting. Therefore, this provision is supported by this proposal. Section F – Parking Areas Design Response: The Design Guidelines address issues related to parking areas and the screening of such. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this parking design guideline. Therefore this Guideline is not applicable to the proposal. Section G – Signage Design Response: The Design Guidelines address issues related to signage. Only attached signage is anticipated with this development. The proposal to add three hotel units internally will not impact existing signage. Therefore this Guideline is not applicable to the proposal. Section H – Sidewalks Design Response: The Design Guidelines address issues related to sidewalks and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width and requires palm trees with at least an eight-foot clear trunk to be planted at a maximum of 35-foot centers. There is no discussion regarding local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this sidewalk guideline. Therefore this Guideline is not applicable to the proposal. Section I – Street Furniture and Bicycle Racks Design Response: The Design Guidelines address issues related to street furniture and bicycle racks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this street furniture and bicycle guideline. Therefore this Guideline is not applicable to the proposal. Section J – Street Lighting Design Response: 6 The Design Guidelines address issues related to street lighting. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this street lighting guideline. Therefore this Guideline is not applicable to the proposal. Section K – Fountains Design Response: The Design Guidelines address issues related to fountains. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this fountain guideline. Therefore this Guideline is not applicable to the proposal. Section L – Materials and Color Design Response: The Design Guidelines address issues related to materials and color. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this material and color guideline. Therefore this Guideline is not applicable to the proposal. DENSITY/INTENSITY CALCULATIONS FOR PROPOSED LOT/HOTEL A – HDA & FLD JULY 30, 2020 (Springhill Suites Hotel) The proposed lot lines do not split individual hotel units AND the proposed lot lines are aligned with the branded hotel units for the appropriate lot (as well as aligned with the existing Business Tax Receipts (BTRs). The proposed lot lines generally follow the outside building edge of the hotel (and balconies), and cut through the interior of the building through common areas (parking decks, back of house areas, fourth floor lobby, and hallways. Proposed Gross Lot Square Footage and Gross Lot Area Parcel A1 - 40,581 square feet (0.9316 acres) Parcel A2 - 2,088 square feet (0.0479 acre) (area east of Hamden Drive) TOTAL GROSS 42,669 square feet (0.9795 gross acre) (Note: FLD2009-08026 used 48,190.53 sf; 1.106 acres) Proposed Density Gross Lot Square Footage 42,669 square feet (Note: FLD2009-08026 used 48,190.53 sf) Non-accessory Commercial Floor Area -7,232 square feet (Note: FLD2009-08026 used 6,650 sf) Accessory Uses above 10% GFA -1,167 square feet (Pursuant to CDC Section 2-803.K.11.c) Net Lot Square Footage 34,270 square feet (Note: FLD2009-08026 used 41,540.53 sf) Net Lot Acreage 0.7867 net acre (Note: FLD2009-08026 used 0.9536 net acre) 0.7867 net acre x 50 units/acre 39.33 units allowed; rounds down to 39 units allowed normally (Note: FLD2009-08026 used 47 units allowed) 0.7867 net acre x 150 units/acre 118.005 units allowed; rounds down to 118 units allowed by Beach by Design (Note: FLD2009-08026 used 143.04 or 143 units permissible) Proposed Maximum units that can be requested from the Hotel Density Reserve 118 units – 39 units = 79 units maximum (Note: FLD2009-08026 used 143 units – 47 units = 96 units maximum could be requested; proposal requested and allocated 95 units) FLD2009-08026 was approved for 142 units (47 units allowed, with 95 units allocated from Hotel Density Reserve). Under this proposal, based on the proposed changed conditions of lot line locations, gross lot area, non- accessory commercial floor area, accessory uses exceeding 10% of GFA, and net lot area, Lot/Hotel A is allowed a maximum of 118 units, where a maximum of 79 units could be allocated from the Hotel Density Reserve. Hotel units constructed/existing on proposed Lot/Hotel A under this proposal is 115 units and the proposed density is 146.18 units/net acre. The existing 7,232 square feet of non-accessory commercial floor area constructed on Lot/Hotel A represents a proposed Floor Area Ratio (FAR) of 0.17. The proposed density and proposed FAR are both in compliance with standards established in Beach by Design of a maximum of 150 units/acre and 1.0 FAR. The addition of three units (due to space limitations in the existing building, based on the architect’s plans) under the proposed HDA and FLD applications for proposed Lot/Hotel A will increase the proposed number of hotel units to 118 units with a proposed density of 149.99 units/net acre, in compliance with the maximum allowed density of 150 units/acre. The proposed Floor Area Ratio (FAR) is still 0.17. Resolution No. 20-39 RESOLUTION NO. 20-39 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND KEY CLEARWATER, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with KEY CLEARWATER, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and KEY CLEARWATER, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Address of Receiving Property Rooms Allocated Total Rooms Proposed Total Rooms Built Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR-9005301: 160 units (140 units in system; need to change; sent email to Brenda checked against permits to verify); DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; 90 units (91 units in system - need to change, sent Brenda an email); Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: 155 units (173 in system - need to change to 155 - sent email to Brenda; checked against permits to verify); Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013- 02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units Total Rooms Allocated from Reserve 463 Total Rooms Proposed 1,155 Total Rooms Built 1,150 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson 443 East Shore Drive (Courtyard by Marriott) 1st amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Teft 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 Parry 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 Parry 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2014-06004A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A Parry 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 Parry FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 08-07-2020 FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02-27-2022; BCP not submitted as of 01-08-2020 The amendment includes a minor amendment to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District. FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP not submitted as of 01-08-2020. HDA approved at 11-21-2019 cuncil meeting; The amendment to the FLD application has not been submitted. BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR-0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites) Wells FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). Notes FLD2015-02005 approved; time extension granted 04-13-2019: site plan expiration is 01-29-2021; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04-26-2024; BCP not submitted as of 01-08-2020 Site plan approved; see comments above for permitting and other information. 6/13/2015Constructed12/17/2009 DVA2009-00002 / FLD2009-08026; DVA2009-00003 / FLD2009-08027 (see also FLD2019- 11030) 66 100 HOTEL DENSITY RESERVE PROJECTS - APPROVED N/A32148.700.65998 HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227 71 1.26 68 11/17/200939135.421.92255260174 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 Nurnberger 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 TBD HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 Parry Total Rooms Allocated from Reserve 922 Total Rooms Proposed 2,165 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A TBD TBD TBD HDA2020-08003 Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A TBD TBD TBD HDA2020-04002 Parry Total Rooms Pending Allocation 5 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,380 Total Rooms Pending Allocation 5 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 Notes Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002 Notes FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10- 22-2021; BCP not submitted as of 01-08-2020 FLD2020-05012 submitted but is incomplete as of 07-08-2020 BCP not submitted as of 04-15-0219; application has been appealed and is still in court - no deadline timing started. The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 08-07-2020 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10-19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003 BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate propreties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total ot 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8461 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve a Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of two units from the Hotel Density Reserve pursuant to Beach by Design, authorize the appropriate officials to execute same and adopt Resolution 20-40. (HDA2020-004002; 309 Coronado Drive) SUMMARY: Executive Summary The subject site (Parcel B; Residence Inn), along with Parcel A (SpringHill Suites) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser’s Office (PCPAO) combined the two parcels into one parcel. Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.B.2 provides that a “maximum of 100 hotel rooms may be allocated from the Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8461 Reserve to any development with a lot size less than 2.5 acres”. As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add two units to the subject hotel (Parcel/Hotel B) and three units to the adjacent hotel (Parcel/Hotel A). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: ·The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. ·There are minor discrepancies between the number of rooms approved per the Agreement and associated site plans, and the number of rooms constructed. ·There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1.To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2.To reallocate three units from the Reserve to this hotel (Parcel/Hotel A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. No changes have been made to the Development Proposal presented at the November 5, 2020 Council meeting. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to three units from the Hotel Density Reserve under Beach by Design. Page 2 City of Clearwater Printed on 11/13/2020 PLANNING & DEVELOPMENT DEPARTMENT Staff Report for Hotel Development Agreement CASE: HDA2020-04002 RESOLUTION NO.: 20-40 REQUEST: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado Drive). Site History: The overall site has been developed with two hotels (Parcel/Hotel A and Parcel/Hotel B) with a current combined total of 255 units. There are existing discrepancies between approved and built conditions vis-à-vis the number of units related to the two hotels. Because the two projects are related and share structured parking integral to their operations, all the provided tables, below, will include data for both parcels for consistency and clarity. The two projects were allocated a total of 174 units from the Reserve (included in the above noted 260 total approved units) although only 169 were constructed. Table 1, below summarizes these conditions: Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 2 Table 1 Item Parcel A1 SpringHill Suites Parcel B2 Residence Inn Total Approved (per FLD/DVA) 142 118 260 Built (constructed) 138 117 255 Allocated 95 79 174 Used 93 76 169 Diff: Allocated vs. Used 2 3 5 1. FLD2009-08026 & DVA2009-00002: Original addresses 300 and 316 Hamden Drive and 301, 305, 309 and 315 Coronado Drive; original parcels 08-29-15-17604-000-0010, 08-29-15-17586-001-0010, 08-29-15- 17586-001-0040 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009- 08026A). 2. FLD2009-08027 & DVA2009-00003: Original addresses 316, 326 and 330 Hamden Drive; original parcels 08-29-15-17604-000-0030 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009-08027A). The two hotels include typical associated accessory uses and will include a non-accessory marina facility recently approved, as part of applications FLD2009-08026A (Hotel A) and FLD2009- 08027A (Hotel B), on September 15, 2020 by the Community Development Board (CDB). The two projects also included approved commercial space (non-accessory) summarized in Table 2, below: Table 2 Item Parcel A1 (SpringHill Suites) (SF) Parcel B2 (Residence Inn) (SF) Restaurant 2,750 0 Retail 3,900 1,335 Subtotal 6,650 1,335 Total 7,985 1. FLD2009-08026 & DVA2009-00002 2. FLD2009-08027 & DVA2009-00003 As noted, the two developments share a common 299-space parking garage which was originally approved with 302 spaces. Except for the construction of five less hotel units and three less parking spaces, the two projects have been developed consistent with the two previously approved Flexible Development and two related Development Agreement applications. Both projects are considered built and vested, and both Agreements allocating units from the Hotel Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 3 Density Reserve under Beach by Design expired in accordance with Section 5.3 of the Agreements on December 17, 2019. In July, 2020 the applicant submitted two new Flexible Development applications to amend FLD2009-08026/FLD2009-08026A (Parcel/Hotel A) and FLD2009-08027/FLD2009-08027A (Parcel/Hotel B) in anticipation of approval of this (and the companion) Hotel Development Agreement request. To date, the new applications have been reviewed by the Development Review Committee (DRC) on October 1, 2020, and the details of the FLD amendment request are completely consistent with the details of this Hotel Development Agreement request (detailed below). These applications are tentatively scheduled for review by the CDB in December. Development Proposal: The proposal is as follows (also summarized in Table 3, below): • Maintain the exterior and the bulk of the interior of the existing building; • Incorporate two additional hotel units from the Reserve within the existing building footprint of Hotel B; • Recreate two separate lots with two separate parcel identification numbers with Parcel A consisting of 0.979 acres and Parcel B of 0.946 acres. The proposed common property line will not exactly follow the originally approved path and the parcel sizes will change slightly to avoid splitting individual hotel units between the two parcels since hotel units must be completely contained on one parcel or the other. This results in a shifting of land area from the original Parcel A to Parcel B, as detailed in Table 3; • Decrease the overall amount of non-accessory commercial area on Parcel B to zero square feet. • No other changes to the site or building are proposed. • This Agreement (HDA2020-04002) is specific ONLY to Parcel B. Table 3, below, summarizes the proposed changes in permitted and allocated units, acreage, and non-accessory commercial area (as approved and as proposed): Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 4 Table 3 Item Parcel A (SpringHill Suites) Parcel B (Residence Inn) Total Approve d Proposed Approve d Proposed Approve d Proposed Difference Acres 1.106 0.979 0.821 0.946 1.927 1.927 0.0000 Allocated Units 95 79 79 95 174 174 0 Net Base Permitted Units at 50 upa1 47 39 39 47 86 86 0 Total Units 142 118 118 142 260 260 0 Non- accessory Commercial Area1 6,650 7,232 1,335 0 7,985 7,232 -753 Accessory Commercial Area over 10% GFA1 -- 1,167.40 -- 0 -- 1,167.40 -- Final Net Density (upa) 1 150 150 150 150 -- -- -- 1. The permitted Floor Area Ratio (FAR) for the subject site is 1.0. The means that one square foot of land is needed to support one square foot of non-accessory commercial area. The proposal includes 7,232 square feet of non-accessory commercial area as well as 8,793 square feet of accessory area within Hotel A. The CDC requires that any amount of accessory floor area beyond 10 percent of the gross floor area (GFA) counts towards the otherwise permitted intensity of use of the site. The amount of accessory floor area equates to 11.53 percent of the GFA of Hotel A. The amount over 10 percent of the GFA of Hotel A is 1,167.40 square feet. That figure plus the 7,232 square feet of non-accessory commercial area totals 8,399.40 square feet (0.1928 acres). This area has been subtracted from the total proposed land area of Parcel A of 0.979 acres yielding 0.786 acres. It is this figure (0.786 acres) which has been multiplied against the otherwise permitted number of hotel units (50 units per acre) and has also been used to determine the actual proposed final density. Note that Parcel B will include zero square feet of non-accessory floor area and little to no accessory floor area therefore the density calculations for this parcel require no land area subtractions. Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 5 Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum required lot area and width for overnight accommodations is between 10,000 and 20,000 square feet and between 100 and 150 feet, respectively. The minimum required lot area and width for Marinas and Marina Facilities is 5,000 square feet and 50 feet, respectively. The subject property (Parcel B) is proposed to be 41,249 square feet in area and between approximately 245 feet wide. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum required setbacks (front and side) may all be reduced to zero feet. The Small Motel District of Beach by Design provides for specific side setbacks which supersede those provided by the CDC of a minimum of 10 feet. No changes are proposed which would affect any side setback. The addition of approximately 2,000 square feet of patio/deck area will require a reduction in the front setback along the west and north as part a review and approval of a Flexible Development application by the CDB. Maximum Height: Pursuant to CDC Table 2-803, the maximum permitted height for overnight accommodations is 100 feet. Hotel A was approved and built at a maximum height of 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). Hotel B was approved and built at a maximum height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). No changes to the building heights are proposed. The proposal is consistent with these prior approvals, Code provisions and the applicable portions of Beach by Design. Minimum Off-Street Parking: As noted, two Development Agreements were approved in conjunction with the existing hotels (Hotels A and B). Each agreement contained a provision (Section 4.2) specifying the minimum number of parking spaces. Between the two Agreements (and approved Flexible Development applications) a total of 302 parking spaces were required serving 260 approved hotel units (1.161 spaces per unit), which is less than the 1.2 spaces per unit otherwise required by CDC Section 2- 802 and 803. The Agreements also specified a total of 7,985 square feet of retail and restaurant space with no additional required parking. As previously noted, only 299 parking spaces and 255 hotel units were constructed. As a matter of comparison, the CDC-compliant compliment of parking for the proposed project (inclusive of 260 rooms, 7,232 square feet of non-accessory commercial area, and the recently approved 20-slip marina facility) would be between 373 and 409 spaces. This is based on certain assumptions, including that 100 percent of the non-accessory commercial space will be occupied Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 6 by restaurant(s), for which there is a range for parking depending on various factors, which results in the most conservative parking requirement. The applicant has included a parking demand study, based on actual usage at the site, which demonstrates that an average of 175 spaces of the 299 provided spaces are available (unused) as shown in Table 4, below. It is important to note that the parking demand study was conducted pre-pandemic in November of 2019 and considers both Parcels A and B, includes the allocation of five additional hotel units as well as the approved 20-slip Marina Facility. In summary, City staff has accepted the submitted parking demand study which demonstrates that the existing parking garage will accommodate not only the existing hotel rooms and the non-accessory commercial space but also the proposed 20-slip Marina Facility. Final site plan approval will require the review and approval of a Flexible Development application by the CDB. Table 4 Spaces Friday Saturday Range Range Available Spaces 204 179 176 138 Average Available Spaces 192 157 Total Average Available Spaces 175 Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the existing landscape areas will be slightly reduced with the inclusion of additional outdoor dining and seating areas. The conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. Consistency with Beach by Design: Design Guidelines: A review of the provided conceptual site plans was conducted and the proposal includes no changes to the building exterior. The building was constructed consistent with the previously approved Development Agreement and Flexible Development applications and is and will continue to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 7 Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for Development Agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Hotel Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of two units from the Hotel Density Reserve; • Sets the permitted amount of non-accessory commercial area to zero square feet; • Requires a division of lot of record to be filed with the Pinellas County Property Appraiser and the City; • Requires the filing of a series of deed restrictions specific to amplified music, use of the non- accessory commercial area, operations of the proposed Marina Facility/Commercial Dock and the use of the parking garage; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; • Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; • Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; • Provides that no hotel room in a hotel allocated units from the Reserve will have a full kitchen; • Provides that a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 8 • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Hotel Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT HOTEL B/RESIDENCE INN HOTEL THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of ____________, 2020, and entered into between Key Clearwater, LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.927 acres of real property which is legally subdivided into two hotels pursuant to that Minor Lot Adjustment as recorded in the public records of Pinellas County at Official Records Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” in the corporate limits of the City; and WHEREAS, the Property subject to this Agreement is described as “Hotel B” consisting of 0.9469 acres and more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, On January 16, 2007, the Community Development Board (CDB) approved Case No FLD2006-10054 to permit a commercial dock in conjunction with existing hotels/motels at 300, 316 and 326 Hamden Drive for 20 slips. Although this project had been constructed and is considered vested the structure has been removed; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08026 to permit a 142-room overnight accommodation use, 3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08027 to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-09036 to permit a commercial dock in conjunction with the non-constructed hotels at 300 and 316 Hamden Drive for 18 slips; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 95 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-00002) and adopted a resolution to the same effect (Res. No. 09-38). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 79 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-00003) and adopted a resolution to the same effect (Res. No. 09-39). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, prior to the expiration of DVA2009-00002 and DVA2009-0003, Developer’s predecessor in interest timely constructed the proposed Project which is open and operating for business; and WHEREAS, a condition of the approval and construction of the existing hotels was the recording of that certain Affidavit and approval of a Minor Lot Adjustment as recorded in the public records of Pinellas County at OR Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” as stated therein; WHEREAS, at the time of approval in November 2009, Hotel A was approved for 142 units on 1.106 acres, with 6,650 square feet of non-accessory commercial space, and Hotel B was approved for 118 units on 0.82 acres, with 1,335 square feet of non-accessory commercial space; and WHEREAS, the approvals cited above provided for a total of 260 units and only 140 units were constructed in Hotel B and 115 units in Hotel B for a total of 255 units; and WHEREAS, the as-built conditions of Hotel A and Hotel B varied from the as- approved unit counts, acreage, and commercial space, in that Hotel A was built with 115 units on 0.9795 acres, with 7,232 square feet of non-accessory commercial space, and Hotel B was built with 140 units on 0.9469 acres, with 0 square feet of non-accessory commercial space; and WHEREAS, the proposed lot lines of Hotel A and Hotel B have been adjusted to reflect the as-built conditions; and WHEREAS, the Developer desires to renovate certain interior spaces of Hotel B to increase the number of rooms to 142 overnight accommodation units, by adding two units as previously allocated from the Hotel Density Reserve but not constructed; and WHEREAS, upon completion, Hotel B will contain 142 overnight accommodation units, which includes 95 units from the Hotel Density (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on _________, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T) District. 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 309 Coronado Drive as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 142 overnight accommodation units. Of the 142 overnight accommodation units, 95 total units shall be from the Hotel Density Reserve; 93 of such Reserve Units were previously constructed and are existing. 4.2 The Project combined of Hotel A and Hotel B shall include a minimum of 299 parking spaces, as defined in the Code. 4.3 The design of the Project, as constructed pursuant to the above-referenced approvals, is consistent with Beach by Design. 4.4 The density of the Project shall be 149.96 units per acre based on the portion of the site necessary to support the number of provided hotel rooms and as delineated by the lot line adjustment referenced in Section 6.1.3.3. In no instance shall the density of a parcel of land exceed 150 units per acre based on the portion of the site necessary to support the number of provided hotel rooms. The height of the Project shall be 84.0 feet measured from Base Flood Elevation to roof slab, as defined in the Code and as constructed. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 4.5 The Project shall include zero square feet of non-accessory commercial space within the building (Hotel B). SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be incorporated into the existing development as may be amended from time to time. 6.1.3.2 The Developer shall obtain appropriate building plan approval or site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer agrees that Parcel B as originally described in a Declaration of Unity of Title signed, sealed and witnessed on October 28, 2015 (Exhibit “D”) is recreated through a new Declaration of Unity of Title with the Clerk of the Court and a Parcel Combination Request form with the Pinellas County Property Appraiser prior to the issuance of any further permits for any construction. 6.1.3.4 The Developer shall submit a lot line adjustment request to the Pinellas County Property Appraiser subsequent to a review and approval by the City as part of a Level II Flexible Development application, to reflect the lot lines as shown in Exhibit “B” to this Agreement. 6.1.3.5 The City has received and maintains on file the required evacuation plan as a condition of the Certificate of Occupancy previously issued for the construction of the Property. 6.1.4 Covenant of Unified Use. The Property is encumbered by a Covenant of Unified Use pursuant to the Development Agreement recorded at OR Book _____, Page ___ of the public records of Pinellas County. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out (with the exception of portable pump out facilities), commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable marina slips shall be limited to no more than a total of 20 as shared between Parcels/Hotels A and B. The City acknowledges that any additional marina slips for the sole use of the hotel and its guests may be added as permitted by local and state authorities without the need for additional parking. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that use and rental of any Personal Watercraft located on, tied to or launched from the associated Commercial Dock/Marina Facility as may be approved as part of a Flexible Development application limited to owners, guests, invitees of marina or hotel guests; 6.1.11.5 The Developer agrees that no commercial signage except for any signage as may otherwise be required by City, County, State and/or Federal regulations be posted on the Commercial Dock/Marina Facility. 6.1.12 Availability of Parking Spaces. The Developer agrees that none of the on-site parking spaces will be available for sale or lease to the general public and that all parking spaces on the site will be for the sole use of hotel staff and/or guests and/or patrons of the 20-slip commercial dock/marina facility. 6.1.13 The Developer agrees that a deed restriction outlining Sections 6.1.10 through 6.1.12 shall be submitted to and approved by Staff prior to the issuance of any permits. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive two (2) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a)They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b)They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c)They are specifically anticipated and provided for in this Agreement; (d)The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e)This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Key Clearwater, LLC 848 Brickell Avenue Suite 1100 Miami, FL 33131 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 600 Cleveland Street Suite 800 Clearwater, FL 33755 If to City: City of Clearwater Attn: City Manager 600 Cleveland Street Suite 600 Clearwater, FL 33755 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signatures begin on following page] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: KEY CLEARWATER, LLC, a Florida limited liability company By: KEY INTERNATIONAL, INC, a Florida corporation, its sole member ______________________________ By:________________________________ Print Name_____________________ Print Name : ________________________ Its: ________________________________ ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2020, by _____________________, as ____________ of Key International, Inc., a Florida corporation, as the sole member of Key Clearwater, LLC, a Florida limited liability company, on behalf of the company, who is [ ] personally known to me or has [ ] produced __________________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ Frank Hibbard, Mayor Approved as to Form: __________________________________ Michael P. Fuino Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ______________ 2020, by FRANK HIBBARD, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ______ day of __________, 2020, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” Legal Description (Hotel B) LEGAL DESCRIPTION 13845114v1 EXHIBIT “B” Lot Line Adjustment UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C1.1CIVIL SITE DATA FLOOD ZONE INFORMATION:15298SECTION , TOWNSHIP S, RANGE EPINELLAS COUNTY FLORDIASTREET MAPAERIAL MAPLEGAL DESCRIPTION (HOTELS A AND B):NORTHCITY OF CLEARWATERPROJECTSITEPROJECTLOCATIONLots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the platthereof as recorded in Plat Book 21, Page 79, of the Public Records ofPinellas County, Florida.The parcel contains 48,190.53 square feet or 1.106 acres, more or less.TOGETHER WITHLots 1, 2, 3, 4, 1A, 2A, 3A, and 4A, COLUMBIA SUBDIVISION NO. 3,according to the plat thereof as recorded in Plat Book 27, Page 46, of thePublic Records of Pinellas County, Florida.The parcel described contains 83,918.00 square feet or 1.926 acres, moreor less.FLD 2009-08026FLD 2009-08027FLD 2009-09036DVA 2009-00002AGENCY RESPONSE STAMPSPREVIOUSPREVIOUSPREVIOUSPREVIOUSC1.1INDEX OF SHEETSC3.1CIVIL SITE DATASITE PLANFLD2009-08027BNEWSITE DATA HOTEL A (FLD 2009-08026B)08-29-15-17604-000-0010SITE DATA HOTELS A & BSITE DATA HOTEL B (FLD 2009-08027B)HOTEL AEXISTING (ISR) FOR THE PROPOSED LOT/HOTEL A WITHOUT THEPROPOSED OUTDOOR SEATINGLOT AREA = 40,581 + 2088 = 42,669 SQ.FT.EX. IMPERVIOUS SURFACE RATIO (ISR) = 32,327.75 / 42,669 = 0.757PROPOSED (ISR) FOR THE PROPOSED LOT/HOTEL A WITH THEPROPOSED OUTDOOR SEATING IMPERVIOUS SURFACE = 32,327.75 + 2036 = 34,363.75 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 34,363.75 / 42,669 = 0.805HOTEL BEXISTING / PROPOSED (NO CHANGE)LOT AREA = 38,800 + 2,449 = 41,294 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 28,994.11 / 41,294 = 0.702L1.1LANDSCAPE PLANHDA 2020-08003 HOTEL B Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:23:34 PM,AutoCAD PDF (High Quality Print).pc3 rdrdrdrdrdrdGASS HAMDEN DRIVECORONADO DRIVETHIRD STREETCLEARWATER HARBORRESIDENCE INN(HOTEL B 142ROOMS) TOTALAREAB1+B2=0.9469 AC.PARCEL B1PARCEL B2PARCEL A2UPUPSTAIR #1P1-S1WOMEN'S LOCKER RMP1-08CORRIDORP1-04MEN'S LOCKER RMP1-07BREAKP1-06HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPRETAIL/RESTAURANTP1-09ENGINEERINGP1-10STORAGEP1-11DELIVERYP1-17UPUPMAIN ELECTRICALP1-13MAIN MECHANICALP1-14HAMDEN RETAILP1-1615'5'PARCEL A1SPRINGHILL SUITES(HOTEL A 118ROOMS)TOTAL AREAA1&A2= 0.9795 AC.1234567891011121314151617181920PWCPWCPWCPWCPWCPWCPARCEL B138,800 SQ. FT.PARCEL A140,581 SQ. FT.NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C3.1PROPOSED SITE PLAN NEW WOODDECK FOR OUTDOOR SEATINGLEGEND200102040SCALE: 1"=20'NORTHPARCEL B1 & B2 ( RESIDENCE INN )PARCEL A1 & A2 ( SPRINGHILL SUITES )LEGENDHOTEL B HDA 2020-08003 Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:24:29 PM,AutoCAD PDF (High Quality Print).pc3 UP UPSTAIR #1P1-S1BREAKMEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08P1-06CORRIDORP1-04HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPNorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .L1.1HDA 2020-08003 HOTEL B LANDSCAPE PLAN Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:25:32 PM,AutoCAD PDF (High Quality Print).pc3 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSDSMSQSD.33' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"SH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-301T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"SNE2E2E3GSST1E3ST3E3E3E3E2E3E3E2ST3ST3E2ALSEULUUUULUUULLAAABBKBBKKUUUUKLLUUUUKKUUUUUUUUUUUUUUUUUUUUUUUUBKLAABBKLKLABKKBK12A-501EXPANSION JOINT -SEE SHT - A-501EXPANSION JOINT -SEE SHT - A-501E5A-2056A-2057BASE FLOOD ELEVATION (BDE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLA-201.A3L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALLUKNOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF SLIDING DOORS INHOTEL TOWER - TYP.NOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF WINDOWS INHOTEL TOWER - TYP.Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 10:47:02 AMA-201.AEAST ELEVATION- PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.A1EAST ELEVATION - PART A 3/64" = 1'-0"A-201.A2EAST ELEVATION KEY ABA 1/4" = 1'-0"A-201.A3LOCATION OF OPENING/WINDOW/SLIDING DOOR1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-26-15 RELEASED FORCONSTRUCTION4 11-11-15 ADDENDUM # 144 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNNNLNGNBNRNDNQNFNANE1A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"3' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"E2E2ST3G5E2E5CTGSCTMPE5E2ND.5NG.8NH.82A-2032A-2031A-3081A-308E2ST1S1S1KBKBLAKLLUUUUUUUUKKKKKKXXTTKKUUUU11A-5025A-324LB4LB4LB4 LB4LB4LB4LB4LB4KKA-2062A-2063BASE FLOODELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL78' - 0"DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOODELEVATION (DFE)12'-0" AMSLRAILINGSTRUCTURAL GLASS WITHCONTINUOUS CAP (CAPPAINTED WOOD GRAIN)A-5061L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:01 PMA-201.BEAST ELEVATION- PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.B1EAST ELEVATION - PART B 3/64" = 1'-0"A-201.B2EAST ELEVATION KEY BBANOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 142-24-16ADDENDUM # 45 4-26-16 ADD. # 1R PERMIT REVISIONS6 7-01-16 ADDENDUM #4R1 CITY COMMENTS7 10-25-16 ADDENDUM #88 11-22-16 ADDENDUM #10 DIGITALVIDEOIN P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSMSH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-3018' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E3E3E2E2E3SESA.3BASE FLOOD ELEVATION (BFD)11'-0" AMSL78' - 0"E3E3E2E2E2DESIGN FLOOD ELEVATION (BFD)12'-0" AMSLL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 11:34:37 AMA-202.AWESTELEVATION -PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.A1WEST ELEVATION - PART A 3/64" = 1'-0"A-202.A2WEST ELEVATION KEY AAB1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 13 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNLNGNBNRNDNQNFNANE1A-3061A-3061A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"6"14' - 0"9' - 0"11' - 0"14' - 0"10' - 0"10' - 0"10' - 0"3' - 0"8' - 6"STREET LEVEL6' - 0"STREET LEVEL6' - 0"S1ST2E5E2CTE2MPCTCTCTS1E5E2ST1G1E2ND.5NG.8NH.81A-3081A-308S1LB4LB4LB4LB4 LB4 LB4LB4 LB4LB4 LB4A-2053A-5064ALA-2054A-2052A-2051A-2055A-2061DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION (DFE)12'-0" AMSL78' - 0"BASE FLOOD ELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSLEQEQ14A-650serveryL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:42 PMA-202.BWESTELEVATION -PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.B1WEST B 3/64" = 1'-0"A-202.B2WEST ELEVATION KEY BABNOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N1.4N2.9N5N7N8.7N1.9N2N63' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"8' - 11"5' - 1"6"1' - 6"N7.81A-3121A-3121A-3131A-3131A-3111A-311N9T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"UTILITY LEVEL11' - 1"DELIVERY4' - 0"E5S1E2G5CTMPCT3' - 7"16' - 6"25' - 3"30' - 0"30' - 0"11' - 8"18' - 10"25' - 0"1' - 6"11' - 6"CTST1ST2ST2E2E2?CTG5CJ - A : 1 1/2"HORIZONTALTYPICALCJ - B: 1/8"VERTICALTYPICALN4.32A-203KKKKKKKKLLWWWWKKG.3DF.1S1S1G.3G.3A-2033A-50465A-5055A-328LB4LB4LB4LB4LB4LB4LB4A-2071A-2072BASE FLOOD ELEVATION(BFE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION(DFE)12'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL15A-637LB44A-50516A-6375A-203L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALREVEALWHITEEIFS1 1/2"LINE OFEXTERIORSHEATHINGBEHIND5/8"T. O. REVEAL4A-203STUCCO 'V' REVEALWIRED TO CMU5/8"1/8"STUCCO(SEE ELEVS.FOR COLOR)FACE OF CMULEVEL 1 HOTEL40' - 0"CONTROLJOINTEIFSEXT. SHEATHING8" CMUSTUCCOCONT. AIR &WATER BARRIERSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:21:08 PMA-203NORTHELEVATIONJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2031NORTH ELEVATION 6" = 1'-0"A-2032SECTION @ LARGE EIFS REVEAL 6" = 1'-0"A-2033ELEVATION DETAIL 'V' REVEAL 6" = 1'-0"A-2034SECTION @ STUCCO 'V' REVEAL 3" = 1'-0"A-2035SECTION @ MATERIAL CHANGENOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N2.8N5.5N5.8N4.2N0.9N2.23' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"1A-3121A-3121A-3131A-313T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E2ST220' - 3"21' - 0"20' - 6"20' - 6"20' - 6"8' - 6"E1CTE3E3E2E3E2N4.3ARCHITECTURAL LOUVERS - COLORTO MATCH EIFS/STUCCO COLOR3' - 4"4' - 0"1' - 4"4' - 0"8' - 8"3' - 4"6' - 8"10' - 8"6' - 8"11' - 1"8' - 0"4' - 0"1' - 4"1' - 4"5A-328BASE FLOOD ELEVATION (BFL)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFL)12'-0" AMSLA-5101515A-637S16' - 0"ST3E5E3ST3E2ST15A-203P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"S2S6S2.2S4.41A-3141A-3141A-3101A-310T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"8' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"E2ST3E2ST3G1S2.6S4.7S1.5E1ST1S6.54A-32978' - 0"L1K1E1E2ST3ST3ST1ST1E2K1L1BBAL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated2/24/2016 5:19:51 PMA-204SOUTHELEVATIONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2041SOUTH ELEVATION - PART B 1/8" = 1'-0"A-2042SOUTH ELEVATION - PART A222341 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-09-15 PERMIT REVISIONS4 11-11-15 ADDENDUM # 15 2-24-16 ADDENDUM # 45 Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:09:58 PMA-214BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2141SOUTHEAST AXONA-2142NORTHWEST AXON Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:11:41 PMA-215BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2151SOUTHWEST AXONA-2153NORTHEAST AXON UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPUPUPSTAIR #2P2-S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-002FLOOR PLAN -P-2 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0021SECOND FLOOR PLANLOT BLOT APROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPDNUPUPUPSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-003FLOOR PLAN -P-3 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00311/16" FLOOR PLAN - P-3 PARKINGLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 115 ROOMSLOT BLOT ARI KINGKINKIKIIKSTUDIOUDDUDDUDUUDUDDURIRRRRIRIIRRRRRIIRRRIRRRRRKING KKKKKKKGGGGGGGGGGGGGGGGGSTUDIOOSSSSSSSSSSSMENNNNNMMMEMEEMEMNENENWOMMMWOMWOME24' 0"24' 0"24' 0"0"024-0024-024-024 00024 024 0024' 0"-6"--666"19'919919191119'1119''-19'-6"'-BALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSEDSPRINGHILL SUITES 115 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING STUDIO204KING STUDIO -COMMUNICATIONACCESSIBLE202KING STUDIO206KING/KING 2-BDR208KING 1-BDR210KING STUDIO212DBL QUEEN STUDIO211KING STUDIO214DBL QUEEN STUDIO213KING 1-BDR216KING 1-BDR218KING STUDIO220KING STUDIO222KING 1-BDR224DBL QUEEN 1 BDR215DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE217DBL QUEEN STUDIO219DBL QUEEN STUDIO221DBL QUEEN 1 BDR223DBL QUEEN 1 BDR225KING STUDIO228KING STUDIO230KING 1-BDR232KING STUDIO236KING STUDIO238KING STUDIO240KING STUDIO242KING STUDIO237KING STUDIO239KING STUDIO241KING STUDIO243KING STUDIO245KING STUDIO247DOUBLE QUEEN - MOB. &COMM. ACCESSIBLEW/ROLL-IN SHWR251KING253DOUBLE QUEEN255DOUBLE QUEEN257KING256KING254KING258DOUBLE QUEEN259KING260DOUBLE QUEEN261KING262DOUBLE QUEEN263DOUBLE QUEEN265DOUBLE QUEEN -COMMUNICATIONACCESSIBLE267KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR269DBL QUEEN271DOUBLE QUEEN -COMMUNICATIONACCESSIBLE273KING274DOUBLE QUEEN275KING278DOUBLE QUEEN277KING276DOUBLE QUEEN279KING280DOUBLE QUEEN281KING282DOUBLE QUEEN283KING284DOUBLE QUEEN285DBL QUEEN287KING289KING291KING293STAIR #32S3DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE209H.K. / STO.227.1SERVICE VESTIBULE298AICE252CORRIDORH.K. / STO.264ELECTRICAL268TELECOM270STAIR #12S1CORRIDORSTAIR #22S2ELEVATOR LOBBY295PASSENGER ELEVATORP1PASSENGER ELEVATORP2SERVICE ELEVATORS1ELECTRICAL227.2KING 1 BDR226IT227.3H.K. / STO.250PASSENGER ELEVATORP3ELEV. LOBBY207IT203SHUTTLE ELEVATORP4ELEC.205Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-005FLOOR PLAN -LEVEL 2 (TYP.LEVEL)SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00511/16" FLOOR PLAN - LEVEL 2 (TYP. LEVEL)LOT BLOT ASPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR308KING 1-BDR310KING STUDIO306KING STUDIO302KING STUDIO304DBL QUEEN STUDIO313KING STUDIO312KING STUDIO314KING 1 BDR316DBL QUEEN 1 BDR315DBL QUEEN 1 BDR317KING 1 BDR318KING STUDIO320DBL QUEEN STUDIO319DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE321KING STUDIO322KING 1-BDR324DBL QUEEN 1 BDR323DBL QUEEN 1 BDR325KING STUDIO328H.K. / STO.327.1KING STUDIO337KING STUDIO330KING 1-BDR -COMMUNICATIONACCESSIBLE332KING 1-BDR - MOBILITYACCESSIBLE W/NONROLL-IN SHWR334KING STUDIO336KING STUDIO338KING STUDIO340KING STUDIO342KING STUDIO339KING STUDIO341KING STUDIO343SERVICE VESTIBULE398ICE352KING STUDIO345KING STUDIO -COMMUNICATIONACCESSIBLE347DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR351KING - COMMUNICATIONACCESSIBLE353DOUBLE QUEEN355DOUBLE QUEEN357DOUBLE QUEEN359DOUBLE QUEEN361DOUBLE QUEEN363DOUBLE QUEEN365DOUBLE QUEEN -COMMUNICATIONACCESSIBLE367KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR369DBL QUEEN371TELECOM370ELECTRICAL368DOUBLE QUEEN373DOUBLE QUEEN375DOUBLE QUEEN377DOUBLE QUEEN379DOUBLE QUEEN381DOUBLE QUEEN383DOUBLE QUEEN385KING384KING382KING380KING378KING376KING374H.K. / STO.364KING362KING360KING358KING356KING354DBL QUEEN387KING389KING391KING - COMMUNICATIONACCESSIBLE393DBL QUEEN STUDIO311DBL QUEEN STUDIO-MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR309ELEV. LOBBY307IT327.3ELEC.303.1H.K. / STO.305IT303.2H.K. / STO.301STAIR #33S3CORRIDOR399ELECTRICAL327.2H.K. / STO350STAIR #13S1STAIR #23S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-006FLOOR PLAN -LEVEL 3SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00611/16" FLOOR PLAN - LEVEL 3LOT ALOT BSPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR408KING 1-BDR410DBL QUEEN STUDIO409KING STUDIO -COMMUNICATIONACCESSIBLE412DBL QUEEN STUDIO411KING STUDIO414DBL QUEEN STUDIO413KING 1-BDR416DBL QUEEN 1 BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR415KING 1-BDR418DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE417KING STUDIO420DBL QUEEN STUDIO419KING STUDIO422DBL QUEEN STUDIO421KING 1-BDR424DBL QUEEN 1 BDR423DBL QUEEN 1 BDR425KING STUDIO428H.K. / STO.427.1KING STUDIO430CORRIDOR499KING 1-BDR432KING 1-BDR434KING STUDIO436KING STUDIO438KING STUDIO - MOBILITYACCESSIBLE W/NONROLL-IN SHWR437KING STUDIO440KING STUDIO439KING STUDIO442KING STUDIO441SERVICE VESTIBULE498AKING STUDIO443ICE452KING STUDIO445KING STUDIO447DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR451ELEVATOR LOBBY495KING - COMMUNICATIONACCESSIBLE453KING454DOUBLE QUEEN455KING456DOUBLE QUEEN457KING458DOUBLE QUEEN459KING460DOUBLE QUEEN461KING462DOUBLE QUEEN463H.K. / STO.464DOUBLE QUEEN465DOUBLE QUEEN -COMMUNICATIONACCESSIBLE467ELECTRICAL468KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR469TELECOM470DBL QUEEN471DOUBLE QUEEN -COMMUNICATIONACCESSIBLE473KING474DOUBLE QUEEN475KING476DOUBLE QUEEN477KING478DOUBLE QUEEN479KING480DOUBLE QUEEN481KING482DOUBLE QUEEN483KING484DOUBLE QUEEN485CORRIDOR497STAIR #24S2DBL QUEEN487KING489KING491KING - COMMUNICATIONACCESSIBLE493SERVICE ELEVATORS1PASSENGER ELEVATORP2PASSENGER ELEVATORP1STAIR #14S1KING STUDIO406KING STUDIO -COMMUNICATIONACCESSIBLE402STAIR #34S3H.K. / STO.401ELEV. CONTROL ROOM496ELEV. LOBBY407ELEV. CONTROL405KINGSTUDIO404IT403.2ELEC.403.1ELECTRICAL427.2IT427.3H.K. / STO.450Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-007FLOOR PLAN -LEVEL 4SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00711/16" FLOOR PLAN - LEVEL 4LOT BLOT ARESIDENCE INN 140 ROOMSSPRINGHILL SUITES 115 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A 1 Residence Inn Hotel 309 Coronado Drive Narrative – HDA for Lot/Hotel B Request Approval of a Development Agreement for the allocation of two hotel units from the Hotel Density Reserve under Beach by Design to permit a 142-unit Overnight Accommodations use for Lot/Hotel B in the Tourist (T) District, under the provisions of CDC Section 4-606.C.1. Proposal The existing Lot/Hotel B is currently developed with the Residence Inn hotel with 117 hotel rooms. This existing Lot/Hotel B was approved under Case FLD2009-08027 by the Community Development Board (CDB) on November 17, 2009. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Hotel B lot was recorded in OR Book 18985, Pages 2331 – 2334. A parcel combination was initiated by the Pinellas County Property Appraiser in 2015. A total of 255 units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces were constructed under BCP2015-05353 for Hotels A and B. Upon completion of Hotel A and Hotel B in 2017, and then upon subsequent branding of the hotels as Springhill Suites and Residence Inn, respectively, the as-built and branded condition of the hotels did not match the acreage and unit-counts of the original approvals. Therefore, in connection with this HDA application, and a subsequent FLD and minor lot line adjustment, the acreage and unit-counts for both hotels will be clarified and will be consistent with approvals. In other words, the number of hotel units approved for the existing Lot/Hotel B is flipped from that approved for Lot/Hotel A. The proposed lot lines will fix these discrepancies. The new proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre). Therefore, with these proposed lot lines, this proposed Lot/Hotel B will change the number of existing hotel units for Lot/Hotel B to 140 hotel units. The proposal is to is to add two hotel units to the existing 140-room overnight accommodation use on this proposed Lot/Hotel B, with a reduction to required shared parking from 400 total required spaces based on the Shared Parking provisions of CDC Section 3-1405 to the existing 299 spaces. These two hotel units requested were part of the overall original amount of hotel units approved under DVA2009-00002, DVA2009-00003, FLD2009-08026, and FLD2009-08027 (total of 260 hotel units approved, but only 255 hotel units constructed in 2015). The five hotel units were returned to the Hotel Density Reserve when the Certificate of Occupancy was granted in 2017. This proposal is to gain back those five overall hotel units lost. The proposed two hotel units for Lot/Hotel B will be constructed in the interior of the existing hotel building on Level 4 by reconfiguring common space or by eliminating accessory use floor area. The proposed density/intensity for Lot/Hotel B is discussed below under the Density and Floor Area Ratio (FAR) section below. This site is located within the area designated by Beach by Design as the Small Motel District. Beach by Design identifies this area as an area of potential revitalization through land assemblage and renovation in response to improving conditions on the balance of Clearwater Beach. Beach by Design recognizes that the condition of the existing and older small motels is not the “highest and best” use of these properties without significant property assembly providing for new development. This site is within the heart of the 2 tourist area and an area of intense redevelopment. Development of Hotels A and B accomplished significant land assemblage. The Hyatt Hotel and Surfstyle developments are directly across Coronado Drive from the subject property, each including parking garages with hundreds of public parking spaces. The City has demonstrated through the creation of Beach by Design that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that this broad range of uses contribute to the creation of the unique character and atmosphere that is Clearwater Beach. Site Location and Existing Conditions The original, approved Lot/Hotel B is 0.8211 gross acre (35,767 gross square footage), currently developed with an existing Residence Inn Hotel with 117 hotel rooms. Originally, Lot/Hotel B, approved under Case FLD2009-08027 by the Community Development Board (CDB) on November 17, 2009, was approved with 118 rooms and 1,335 square feet of non-accessory retail sales floor area on 0.82 acres. Lot/Hotel B received 79 rooms from the Hotel Density Reserve, approved under Cases DVA2009-00003. Combined, Hotels A and B under prior approvals, provided for 260 rooms, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet), and 302 parking spaces. Also, Case FLD2009-09036 was approved on November 30, 2009, for a commercial dock for 18 slips totally 2,592.7 square feet, as accessory to the upland hotels. While time extensions were approved by the Planning Director and the CDB, the approval of these docks expired and was never constructed. A First Minor Revision was approved by the Planning Director on November 18, 2014, to permit minor revisions to the overall building footprint and building facades. A Second Minor Revision was approved by the Planning Director on June 16, 2015, to permit minor revisions to the building footprint and building facades, along with minor revisions to the amount and location of landscape materials. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Hotel B lot was recorded in OR Book 18985, Pages 2331 – 2334. Building Permit BCP2015- 05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of non- accessory commercial floor area, and 299 parking spaces for the overall Hotels A and B site, with a Certificate of Occupancy issued August 30, 2017. A Third Minor Revision was approved by the Planning Director on August 30, 2019, increasing the total restaurant floor area to 5,941 square feet and decreasing the total retail sales floor area to 1,291 square feet within the existing 7,232 square feet of existing non- accessory commercial floor area. The subject property is zoned Tourist (T) District with a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located in the Small Motel District of Beach by Design. Compliance with the Flexible Development Standards of CDC Table 2-803 and other CDC Requirements Density and Floor Area Ratio (FAR) – With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a 3 parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This proposal corrects the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre) and the number of existing hotel units for proposed Lot/Hotel B will be 140 hotel units. The proposed Lot/Hotel B does not have any non-accessory commercial floor area, but is solely hotel units, where the net lot square footage remains the same as the gross lot square footage. At the maximum allowable density by Beach by Design of 150 units/acre and the 0.9469 net acre, a maximum of 142 hotel units is permissible. Originally there were 118 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 118 hotel units on the Lot/Hotel B site. With the 140 hotel units constructed on the new proposed Lot/Hotel B site and based on the 0.9469 net acre, the existing density is 147.85 units/net acre. Adding the proposed two hotel units to this new proposed Lot/Hotel B will increase the total number of hotel units to 142, with a proposed density of 149.96 units/net acre, still below the maximum allowable density of 150 units/acre. As such, the overall proposed density of 149.96 units/net acre meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable ISR is 0.95. The existing/proposed ISR for the proposed Lot/Hotel B is 0.75, which is still consistent with the Code provisions. There are no proposed changes to the impervious surfaces on proposed Lot/Hotel B. Minimum Lot Area and Width – The minimum lot area for an overnight accommodation use is 10,000 – 20,000 square feet, pursuant to CDC Table 2-803. The 41,249 gross square feet (0.9469 gross acre) for the proposed Lot/Hotel B greatly exceeds the lot area requirements of this standard for overnight accommodations. The minimum lot width for an overnight accommodation use is 100 – 150 feet, pursuant to CDC Table 2-803. The existing Lot/Hotel B, based on the recorded Minor Lot Adjustment and Unity of Title, has a lot width of 313.78 feet along Hamden Drive. The proposed new lot width along Hamden Drive for proposed Lot/Hotel B is 253 feet, which still greatly exceeds the lot width requirements of this standard for overnight accommodations. Minimum Setbacks and Stepbacks – The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. A companion FLD application for Lot/Hotel B is being reviewed by the CDB as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The hotel building has been constructed in accordance with the setbacks approved in the original approval under FLD2009-08027 and there are no requested changes. Maximum Height – The approved and now existing building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’-0”. There are no proposed changes to this approved and constructed hotel building height. 4 Minimum Off-Street Parking – The original approvals in 2009 for Hotels A and B provided 302 parking spaces for the combined total of 260 hotel units, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet). There were 299 total parking spaces constructed under BCP2015-05353 issued by the City’s Planning and Development Department. Under the approvals of FLD2009-08026 and FLD2009-08027 for Hotels A and B, when all uses were taken into account for required parking (hotels, retail sales, and restaurants) and the Shared Parking calculation of CDC Section 3-1405 was applied, the required parking totaled 376 parking spaces. A Parking Demand Study submitted with FLD2009-08026 and FLD2009-08027 justified the reduction to the approved 302 spaces. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site. The proposals for Lot/Hotel A and Lot/Hotel B include adding five hotel units to the 255 units constructed (proposed total of 260 units; same as the original approvals) and to permit all existing 7,232 square feet of non-accessory commercial floor area to be able to have restaurant uses (or allowable uses with a similar 12 parking spaces/1,000 square feet or a lesser parking requirement to allow flexibility for leasing of the commercial tenant units), along with the 20 slip marina recently approved under FLD2009-08026A and FLD2009-08027A (which requires a maximum of 10 parking spaces), a new Shared Parking calculation under CDC Section 3-1405 indicates a total of 400 spaces required for all existing or proposed uses. It is noted there is no additional parking required for the proposed outdoor seating patios, in accordance with CDC Section 3-204.E. These existing or proposed changes under this proposal represents an increase in required parking of 24 parking spaces, reflecting only a 6.38% increase over that required in 2009. Today, there are hundreds of public parking spaces available in the Hyatt Hotel and in the Surfstyle parking garages, where both garages are located directly across Coronado Drive from this site. A new Parking Analysis has been provided with the companion FLD application to be considered by the CDB justifying the requested reduction from 400 spaces required to the existing 299 parking spaces. Mechanical Equipment – There is no additional mechanical equipment proposed with this proposal to add two hotel units. Sight Visibility Triangles – CDC Section 3-904.A restricts structures and landscaping which will obstruct views at a level of 30 inches and eight feet above grade within 20-foot sight visibility triangles at driveways and street intersections. There are two-way driveways existing on Coronado Drive and Hamden Drive. The proposal to add two hotel units on the Lot/Hotel B parcel internally to the existing building will not impact sight visibility for drivers or pedestrians. Utilities – For development that does not involve a subdivision, CDC Section 3-912 requires all utilities including individual distribution lines to be installed underground unless such undergrounding is not practicable. There are existing overhead utilities along the site frontage of the east side of Hamden Drive. The Development Orders for Hotels A and B required the undergrounding of these existing overhead utilities. The owners desired to underground these utilities previously, but were told they could not. These overhead utilities should be undergrounded at a future time when the City determines to underground these utilities in a coordinated project along all of Hamden Drive and assess the abutting property owners for the costs associated. The proposal to add two hotel units to the Lot/Hotel B parcel internally on the fourth floor lobby level will not impact existing utilities. Landscaping – The site was landscaped in accordance with approved plans when the hotel building was constructed in 2015. There are no proposed changes to the existing landscaping on the proposed Lot/Hotel B property with this proposal. 5 Solid Waste – The site has an existing roll-off dumpster located within a dumpster room/delivery area on the north side of the building with a garage door. This existing dumpster capacity is sufficient for all users on site. The proposal to add two hotel units internally to Lot/Hotel B will not impact this existing dumpster. Signage – There is only attached signage existing on-site. Commercial tenants have only attached signage through a Comprehensive Sign Program. The proposal to add two hotel units internally to Lot/Hotel B will not impact existing signage. 1 Residence Inn Hotel 309 Coronado Drive Responses to Beach by Design Design Guidelines Criteria – HDA for Lot/Hotel B Conformance with the Design Guidelines, intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach, is discussed below. The Design Guidelines are not intended to serve as regulations requiring specific relief, except with regard to building height and spacing between buildings exceeding 100 feet in height. This project lies within the Old Florida District of Beach by Design, where the development requirements set forth in the Old Florida District supersede any conflicting standards in the Design Guidelines and the Community Development Code (CDC). Section A – Density Design Response: With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This narrative clarifies the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre) and the number of existing hotel units for proposed Lot/Hotel B will be 140 hotel units. The proposed Lot/Hotel B does not have any non-accessory commercial floor area, solely hotel units, where the net lot square footage remains the same as the gross lot square footage. At the maximum allowable density by Beach by Design of 150 units/acre and the 0.9469 net acre, a maximum of 142 hotel units is permissible. Originally there were 118 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 118 hotel units on the Lot/Hotel B site. With the 140 hotel units constructed on the new proposed Lot/Hotel B site and based on the 0.9469 net acre, the existing density is 147.85 units/net acre. Adding the proposed two hotel units to this new proposed Lot/Hotel B will increase the total number of hotel units to 142, with a proposed density of 149.96 units/net acre, still below the maximum allowable density of 150 units/acre. As such, the overall proposed density of 149.96 units/net acre meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Section B – Height and Separation 2 Design Response: Section B.1 – Height The Design Guidelines provide that a height up to 150 feet may be permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool, or via the Hotel Density Reserve with location standards. The approved building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’- 0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.2 – Separation The Design Guidelines require that portions of any structures which exceed 100 feet in height are spaced at least 100 feet apart and also provide for overall separation requirements for all buildings which exceed 100 feet in height. The approved building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.3 – Floor Plate The Design Guidelines require the floorplate of any building exceeding 45 feet in height, with the exception of parking levels, be no greater than 25,000 square feet and also requires reduced floorplates exceeding 100 feet in height. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C – Design, Scale and Building Mass Design Response: Section C.1 – Building Dimensions The Design Guidelines require buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet be constructed so that no more than the two of the three building dimensions in the vertical or horizontal planes are equal in length. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.2 – Building Plane Length The Design Guidelines require no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than 100 feet. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.3 – Windows and Building Decoration 3 The Design Guidelines require at least 60 percent of any elevation to be covered with windows or architectural decoration. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.4 – Building Envelope The Design Guidelines provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.5 – Building Height and Mass Correlation The Design Guidelines require that the height and mass of buildings be correlated to: (1) the dimensional aspects of the parcel and (2) adjacent public spaces such as streets and parks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.6 – Mix of Uses The Design Guidelines permit buildings to be designed for a vertical or horizontal mix of permitted uses. The existing building for proposed Lot/Hotel B is now solely a proposed 142 units of an overnight accommodation use. Therefore, this provision is supported by this proposal. Section D – Setbacks and Stepbacks Design Response: Section D.1 – Rights-of-way The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. This application is being processed as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to the required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The hotel building has been constructed in accordance with the setbacks approved in the original approvals under FLD2009-08027 and there are no requested changes. The proposal to add two hotel units internally will not impact existing setbacks. Therefore, this provision is supported by this proposal. Section D.2 – Side and Rear Setbacks The Design Guidelines provide that, except for the side and rear setbacks set forth elsewhere in Beach by Design, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. The existing hotel met the requirements of this Guideline when approved in 2009, when 4 the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact existing setbacks. Therefore, this Guideline is not applicable to the proposal. Section D.3 – Coronado Drive Setbacks and Stepbacks The Design Guidelines address setbacks and stepbacks along Coronado and Hamden Drives for projects utilizing the hotel density reserve to reduce upper story massing along the street and ensure a human scale street environment. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Existing/proposed Lot/Hotel B does not have any frontage on Coronado Drive. Therefore this Guideline is not applicable to the proposal. Section E – Street-Level Facades Design Response: Section E.1 – Openness The Design Guidelines require at least 60 percent of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way will include windows or doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyards or plazas. In addition, parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this openness guideline. Therefore this Guideline is not applicable to the proposal. Section E.2 – Window Coverage The Design Guidelines provide that window coverings or other opaque materials may cover no more than 10 percent of the area of any street-level window that fronts on a public right-of-way. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this window coverage guideline. Therefore this Guideline is not applicable to the proposal. Section E.3 – Building Entrances The Design Guidelines require that building entrances should be aesthetically inviting and easily identified. The entrance to the hotel and all commercial tenant spaces on the existing/proposed Lot/Hotel A site are easily identified and are aesthetically inviting. Therefore, this provision is supported by this proposal. Section F – Parking Areas Design Response: The Design Guidelines address issues related to parking areas and the screening of such. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel 5 units internally will not impact this parking design guideline. Therefore this Guideline is not applicable to the proposal. Section G – Signage Design Response: The Design Guidelines address issues related to signage. Only attached signage is anticipated with this development. It is the applicant’s belief that a Comprehensive Sign Program has been utilized in the permitting of signage for the hotel and the commercial tenant spaces. Section H – Sidewalks Design Response: The Design Guidelines address issues related to sidewalks and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width and requires palm trees with at least an eight-foot clear trunk to be planted at a maximum of 35-foot centers. There is no discussion regarding local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this sidewalk guideline. Therefore this Guideline is not applicable to the proposal. Section I – Street Furniture and Bicycle Racks Design Response: The Design Guidelines address issues related to street furniture and bicycle racks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this street furniture and bicycle rack guideline. Therefore this Guideline is not applicable to the proposal. Section J – Street Lighting Design Response: The Design Guidelines address issues related to street lighting. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this street lighting guideline. Therefore this Guideline is not applicable to the proposal. Section K – Fountains Design Response: The Design Guidelines address issues related to fountains. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate 6 of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this fountain guideline. Therefore this Guideline is not applicable to the proposal. Section L – Materials and Color Design Response: The Design Guidelines address issues related to materials and color. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this material and color guideline. Therefore this Guideline is not applicable to the proposal. DENSITY/INTENSITY CALCULATIONS FOR PROPOSED LOT/HOTEL B – HDA & FLD JULY 30, 2020 (Residence Inn Hotel) The proposed lot lines do not split individual hotel units AND the proposed lot lines are aligned with the branded hotel units for the appropriate lot (as well as aligned with the existing Business Tax Receipts (BTRs). The proposed lot lines generally follow the outside building edge of the hotel (and balconies), and cut through the interior of the building through common areas (parking decks, back of house areas, fourth floor lobby, and hallways. Proposed Gross Lot Square Footage and Gross Lot Area Parcel B1 - 38,800 square feet (0.8907 acre) Parcel B2 - 2,449 square feet (0.0562 acre) (area east of Hamden Drive) TOTAL GROSS 41,249 square feet (0.9469 gross acre) (Note: FLD2009-08027 used 35,730.06 sf; 0.82 acre) Proposed Density Gross Lot Square Footage 41,249 square feet (Note: FLD2009-08027 used 35,730.06 sf) Non-accessory Commercial Floor Area - 0 square feet (Note: FLD2009-08027 used 1,335 sf) Net square footage 41,249 square feet (Note: FLD2009-08027 used 34,395.06 sf) Net acreage 0.9469 net acre (Note: FLD2009-08027 used 0.7896 net acre) 0.9469 net acre x 50 units/acre 47.345 units allowed; rounds down to 47 units allowed normally (Note: FLD2009-08027 used 39 units allowed) 0.9469 net acre x 150 units/acre 142.035 units allowed; rounds down to 142 units allowed by Beach by Design (Note: FLD2009-08027 used 118 units permissible) Proposed maximum units that can be requested from the Hotel Density Reserve 142 units – 47 units = 95 units maximum (Note: FLD2009-08027 used 118 units – 39 units = 79 units maximum could be requested; proposal requested and allocated 79 units) FLD2009-08027 approved for 118 units (39 units allowed, with 79 units allocated from Hotel Density Reserve). Under this proposal, based on the proposed changed conditions of lot line locations, gross lot area, non- accessory commercial floor area, and net lot area, Lot/Hotel B is allowed a maximum of 142 units, where a maximum of 95 units could be allocated from the Hotel Density Reserve. Hotel units constructed/existing on the proposed Lot/Hotel B under this proposal is 140 units and the proposed density is 147.85 units/net acre. The proposed Floor Area Ratio (FAR) is 0.0. The proposed density/intensity is in compliance with standards established in Beach by Design of a maximum of 150 units/acre and 1.0 FAR. The addition of two units (due to space limitations in the existing building, based on the architect’s plans) under the proposed HDA and FLD applications for proposed Lot/Hotel B will increase the proposed number of hotel units to 142 units, with a proposed density of 149.96 units/net acre, in compliance with the maximum allowed density of 150 units/acre. The proposed Floor Area Ratio (FAR) is still 0.0. Resolution No. 20-40 RESOLUTION NO. 20-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND KEY CLEARWATER, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with KEY CLEARWATER, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and KEY CLEARWATER, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Address of Receiving Property Rooms Allocated Total Rooms Proposed Total Rooms Built Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR-9005301: 160 units (140 units in system; need to change; sent email to Brenda checked against permits to verify); DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; 90 units (91 units in system - need to change, sent Brenda an email); Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: 155 units (173 in system - need to change to 155 - sent email to Brenda; checked against permits to verify); Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013- 02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units Total Rooms Allocated from Reserve 463 Total Rooms Proposed 1,155 Total Rooms Built 1,150 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson 443 East Shore Drive (Courtyard by Marriott) 1st amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Teft 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 Parry 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 Parry 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2014-06004A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A Parry 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 Parry FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 08-07-2020 FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02-27-2022; BCP not submitted as of 01-08-2020 The amendment includes a minor amendment to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District. FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP not submitted as of 01-08-2020. HDA approved at 11-21-2019 cuncil meeting; The amendment to the FLD application has not been submitted. BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR-0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites) Wells FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). Notes FLD2015-02005 approved; time extension granted 04-13-2019: site plan expiration is 01-29-2021; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04-26-2024; BCP not submitted as of 01-08-2020 Site plan approved; see comments above for permitting and other information. 6/13/2015Constructed12/17/2009 DVA2009-00002 / FLD2009-08026; DVA2009-00003 / FLD2009-08027 (see also FLD2019- 11030) 66 100 HOTEL DENSITY RESERVE PROJECTS - APPROVED N/A32148.700.65998 HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227 71 1.26 68 11/17/200939135.421.92255260174 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 Nurnberger 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 TBD HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 Parry Total Rooms Allocated from Reserve 922 Total Rooms Proposed 2,165 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A TBD TBD TBD HDA2020-08003 Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A TBD TBD TBD HDA2020-04002 Parry Total Rooms Pending Allocation 5 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,380 Total Rooms Pending Allocation 5 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 Notes Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002 Notes FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10- 22-2021; BCP not submitted as of 01-08-2020 FLD2020-05012 submitted but is incomplete as of 07-08-2020 BCP not submitted as of 04-15-0219; application has been appealed and is still in court - no deadline timing started. The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 08-07-2020 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10-19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003 BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate propreties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total ot 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8449 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a purchase order with Carousel Industries, Inc. for purchase and installation of a VESTA 9-1-1 Portable Command Post in the amount of $117,906.94, annual maintenance of Avaya software and hardware for the City’s PBX phone switch in the amount of $71,000, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City completed construction of a new Emergency Operations Center (EOC) at Fire Station 48 which includes a backup emergency call center for 9-1-1 calls and dispatch. Pinellas County 9-1-1 Center is responsible of all contracting and maintenance work on the county-wide 9-1-1 dispatch solution. Carousel Industries (Carousel) was the awarded vendor with Pinellas County under Bid No. 156-0302-M, to provide these maintenance upgrade services which prevents us from having to bid these upgrade services independently. Carousel will upgrade ten of the existing full VESTA workstations at the Primary Clearwater Police Department (CPD) Communication Center with ten Command Post laptops. The VESTA Command Post 9-1-1 call processing solution is a portable call-taking workstation that allows a call taker to move from one location to another, reconnect to their host system and begin taking 9-1-1 calls. The Portable Command Post will give the Police Communication call takers the ability to take 9-1-1 calls from either the CPD Communication Center during normal business operations or from the City EOC during emergency management related events. Contingency costs ($10,700) are included in this dollar amount. Funding for the VESTA Upgrade is part of the existing EOC Construction Project; CIP #94888; 1st year maintenance is included in this purchase; future year maintenance costs will be included in the CPD operating budget. The City also has an existing maintenance contract with Carousel for approximately $71,000 for software and system maintenance of the City’s primary telephone PBX (non-emergency phone switch). This purchase order is a piggy-back off of NASPO State Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8449 Contract #43220000-WSCA-14-ACS and will be renewed in December as a separate scope of service under the City Manager’s authorization. APPROPRIATION CODE AND AMOUNT: CIP Project 94888- City EOC Expansion $117,906.94 IT Operating Budget 5559865-542100 Telephone Utilities $71,000 Page 2 City of Clearwater Printed on 11/13/2020 Pinellas County ITB 156-0302-M Page 1 Pinellas County ITB # 156-0302-M for Maintenance and Repair Services of 9-1-1 Equipment May 10, 2016 Original May 10, 2016 Kelsey Lindholm, Account Executive Carousel Industries 813-864-8823 klindholm@carouselindustries.com May 10, 2016 1 Pinellas County ITB 156-0302 Page Table of Contents Cover Letter .................................................................................................................................................. 2 Invitation to Bid ............................................................................................................................................ 3 Section D – Vendor References ................................................................................................................... 4 Section E – Specifications ............................................................................................................................ 5 Security Requirements .................................................................................................................................. 8 Training ......................................................................................................................................................... 9 Unspecified Work ....................................................................................................................................... 10 Section F. Bid Submittal and Summary ...................................................................................................... 11 Section G. Addenda Acknowledgment Form ............................................................................................. 12 Attachments W9 Sample Invoice Insurance Certificate Registration with Florida Division of Corp 2 Pinellas County ITB 156-0302-M Page Cover Letter May 10, 2016 Dear Ms. Garcia, Thank you for the opportunity to offer this proposal to Pinellas County for Maintenance and Repair Services of 9-1-1 Equipment. Based upon our existing relationship with the County in supporting your current 9-1-1 systems, Carousel Industries understands that the County trusts our ability to meet their emergency response needs in a timely, reliable and professional manner. Our mission is to provide you with compliant, high quality products and services that exceed your expectations. Airbus DS Communications is the most known and trusted solution provider for Public Safety in the Nation. Residing in more than 66% of all PSAPs in the United States, Airbus has built a solid reputation for being the most capable platform in this category. Whether legacy or Next Gen 9-1-1, Airbus is an emergency service technology industry leader and has the expertise to manage your current and future emergency requirements. At Carousel Industries, we engineer and manage every aspect of the technology we sell to maximize your organization’s ability to respond quickly and effectively. Carousel Industries, together with our partner has made significant investments in technology, training, and staffing to ensure that the ability to serve your community is never in question. Carousel Industries appreciates this opportunity to be of service. We are confident that our proposed solution will exceed your expectations. We welcome the opportunity to answer any specific questions you may have about our proposal, organization, products or services. Sincerely, Kelsey Lindholm, Account Executive 813-864-8823 klindholm@carouselindustries.com 3 Pinellas County ITB 156-0302-M Page Invitation to Bid 4 5 6 7 Date: Number: Invoice 000000 0/0/00 Carousel Industries of North America, Inc. P.O. Box 849084 Boston, MA 02284-9084 Phone: (800) 401-0760 For the period from: 00/00/0000 thru 00/00/0000 Account No. 00000 Bill-To Ship-To Company Name Attn: Address City, State Zip Company Name Address City, State Zip Start Date Terms Reference Contract End Date PO No. Customer’s P.O. # , Reference # and/or Cost Center Contract Type SAMPLE MAINTENANCE INVOICE Monthly Maintenance Contract Charges $0.00 Sub-total:$0.00 Sales Tax:$0.00 Total Amount Due:$0.00 Please remit payment by the effective period start date to ensure coverage. If you have any questions regarding this invoice, contact Shawn Reilly at (800) 401-0760 ext. 1104 or sreilly@carouselindustries.com. Note: If you are tax exempt and were charged taxes, please fax a copy of your tax exemption certificate to 401-667-5490. Please remit payment to: Carousel Industries of North America, Inc. - P.O. Box 849084 - Boston, MA 02284-9084 EQUAL OPPORTUNITY EMPLOYER. Canadian Business # 821538014, GST # 821538014RT0001. R10.3.3 Coninv.rpt, Printed: 2/6/200911:56:35AM Page 1 of 18 Date: 0/0/00 Number: Invoice000000 Carousel Industries of North America, Inc. P.O. Box 849084 Boston, MA 02284-9084 Phone: (800) 401-0760 Bill-To Ship-To Source: S.O.# 000000 Company Name Attn: Address City, State Zip Company Attn: Address City, State Zip Acct. No. Customer PO Customer’s P.O. # Reference Customer’s Reference # and/or Cost Center Sales Rep Terms Acct. ID Ship Via SAMPLE T&M INVOICE Work Performed: Qty. UOM Total Ea. Price Description Item ID LB-SITEVIS Site Visit $0.00 EA $0.00 1.00 LB-TECHSRV-XXX Technician Services $0.00 HR $0.00 1.00 1 hr min for on-site, 1/2 hr min for remote Item Total:$0.00 Sales Tax:$0.00 $0.00Total Amount Due: *** If you have any questions regarding this invoice, please contact us at 866-495-9390 or e-mail arinvoices@carouselindustries.com. *** Note: If you are tax exempt and were charged taxes, please fax a copy of your tax exemption certificate to 401-667-5490. Please remit payment to: Carousel Industries of North America, Inc. - P.O. Box 849084 - Boston, MA 02284-9084 EQUAL OPPORTUNITY EMPLOYER. Canadian Business # 821538014, GST # 821538014RT0001. Printed on: 02/06/2009 Document: invoice.rpt (v1.2) Page 1 of 19 Pinellas County ITB 156-0302-M Page SECTION D – VENDOR REFERENCES COMPANY NAME: Carousel Industries of North America, Inc. LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS: _24 years BUSINESS ADDRESS: 659 South County Trail, Exeter, RI 02822 HOW LONG IN PRESENT LOCATION: 10 years TELEPHONE NUMBER: _ (813) 864-8823_ FAX NUMBER: 401-667-5494 TOTAL NUMBER OF CURRENT EMPLOYEES: 1,067 FULL TIME X PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 12 All references will be contacted by a County Designee via email, fax, mail or phone call to obtain answers to questions,as applicable before an evaluation decision is made. LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR: 1. Company: Pinellas County, FL Address: 10750 Ulmerton Rd, Bldg 1 Ste 343, Largo, FL 33778 Telephone/Fax: (727) 464-3852 Contact: Chuck Freeman, 911 Director Contact Email: cfreeman@pinellascounty.org 2. Company: Manatee County, FL Address: 2101 47th Terrace East Bradenton, FL 34203 Telephone/Fax: (941) 928-5898 Contact: Ernie McFarland, Technical Specialist Contact Email: ernie.mcfarland@mymanatee.org 3. Company: Cecil County, MD Address: 107 Chesapeake Blvd., Suite 108 Elkton, Md 21921 Telephone/Fax: (727) 464-3852 Contact: Jim Alfree, Assistant Chief, 911 Communications Contact Email: James.Alfree@ccdps.org 4. Company: Morris County, NJ Address: 450 West Hanover Ave Parsippany, NJ 07960 Telephone/Fax: 973-285-2945 Contact: David Decoons, Technical Manager Contact Email: ddecoons@co.morris.nj.us 10 Pinellas County ITB 156-0302-M Page Section E – Specifications C. Minimum Requirements a) Successful bidder shall be responsible for the preventative and routine maintenance of all existing and new Airbus DS Communications equipment including system repairs for natural disasters and other weather related response (lightning strikes, tornadoes and hurricanes). Services shall include hardware & software support, hardware warranties, remote monitoring through Airbus DS & virus protection. Carousel Industries understands and will comply. b) Bidders shall have the applicable training and experience repairing and conducting routine maintenance on Vesta 911 Release 6 911 CPE and Analytics MIS. Attachment 1 – Equipment List, which has been provided by Airbus DS Communications, contains a list of the type of equipment currently on site and must be verified by bidder during the pre-bid PSAP visits. The list may not include all equipment covered under this contract. Likewise, there may be equipment that is no longer in service. Carousel Industries understands and will comply. c) Bidders are expected to do a walkthrough at each site and will be responsible for documenting and pricing service for all equipment. As the incumbent, Carousel Industries is very familiar with Pinellas’ 9-1-1 equipment. We also conducted a walkthrough for this bid. d) Successful bidder shall have a contract with Airbus DS & Avaya Inc. that will provide twenty- four (24) hours per day, seven (7) days per week (24 x 7) second tier maintenance for Pinellas County 9-1-1 emergency equipment and maintain such for the duration of this contract. Carousel Industries is a proud Platinum partner of Avaya and a top reseller for Airbus DS. e) Successful bidder shall also have a contract with Symon Communications that will provide eight (8) hours per day, five (5) days per week second tier maintenance for Pinellas County 9-1-1 emergency equipment and maintain such for the duration of this contract. Carousel Industries has a partnership with Symon Communications. f) Successful Bidder must be able to provide and maintain a crash kit for Airbus DS equipment (some Vesta Meridian spare parts may be available from non-functioning PSAPs). Carousel Industries understands and will comply. g) Successful bidder shall be able to provide for the installation of new equipment and software, as required. Carousel Industries understands and will comply. 11 Pinellas County ITB 156-0302-M Page h) Successful bidder must have twenty-four (24) hour remote service availability for public safety response including during natural disasters. Carousel Industries understands and will comply. i) Successful bidder shall provide the County with trained and certified technicians to maintain all countywide, 9-1-1 emergency telephone, M-1/CS PBX equipment, display boards, and MIS systems to include equipment manufactured by Airbus DS, Avaya Communications, and Symon Communications. Carousel Industries understands and will comply. j) Bidder shall assign one (1) on-site technician, five (5) days a week, eight (8) hours per day (5 x 8), annually, to work at various PSAP sites specified by the Regional 911 Director. Carousel Industries understands and will comply. k) All technicians assigned to the County for this work must have applicable experience working with Airbus DS Vesta, Symon Display Boards and Analytics & MagIC MIS systems and provide documentation of manufacturer training on all 9-1-1 telephone equipment that will be maintained for the County. Documentation of technicians experience and certifications should be included with bid submittal. Carousel Industries understands and will comply. Please see Table 1. Certifications below. Technician Certification Troy Heminger Airbus VESTA I&M; Airubs Analytics: Airbus SMS Steve Kowalski Airbus VESTA I&M; Airbus Analytics Allen Chambers Airbus VESTA I&M Ronnie Bray VESTA I&M, Airbus Analytics;Airbus VESTA 4.x I&M Bob Hoffmaster VESTA 4.x I&M; Airbus Advanced Troubleshooting Kyle Pittman VESTA I&M Juan Gonzalez VESTA 4.x I&M;Airbus Advanced Troubleshooting;Airbus Analytics;ASCOM: IP-DECT Advanced Michael Slattery Airbus VESTA I&M; Airbus VESTA Advanced Troubleshooting Dave Gorevin VESTA Pallas, MaGIC Christian Lutes Sentinel Patriot, Sentinel Monitor, Sentinel Stats Bob Blaney VESTA4, Aurora (Now VESTA Analytics), Activity View Michele Baber Airbus VESTA I&M; Airbus VESTA Advanced Troubleshooting 12 Pinellas County ITB 156-0302-M Page l) Bidder shall have at least one (1) technician available, seven (7) days per week (24X7) certified and experienced working with Avaya PBX Meridian/CS equipment. Carousel Industries understands and will comply. m) Bidders must assign at least one (1) technician on a 24/7 basis at the Regional 911 Center during natural disasters. The Regional 911 Director or his designee shall direct when the technician should arrive at the Regional 911 Center and when they are cleared to leave. Carousel Industries understands and will comply. n) Successful bidder shall make available, a minimum of, one (1) technician, on call for after hours, weekends & holidays, with the ability to remote into the system within 15 minutes and/or respond and be on-site within ninety (90) minutes to all service calls for critical equipment failures or when equipment failures would have a negative impact on 9-1-1.a two (2) hour response time on-site required. Carousel Industries understands and will comply. 13 Pinellas County ITB 156-0302-M Page D. Security Requirements a) All technicians working under this contract must be fingerprinted by each PSAP and pass a background check by FDLE and a CJIS certification online training five (5) days before being allowed to work in any PSAP. Carousel Industries understands and will comply. b) Project managers and non-technician employees of Bidder needing un-escorted access to any PSAP shall be fingerprinted by Pinellas County and the PSAP needing access to and pass a background check by FDLE and a CJIS certification online training five (5) days before being allowed to work in any PSAP. Carousel Industries understands and will comply. c) No contract employee will be allowed to work on County property until clearance is received and ID badge is made. Badges are to be worn at all times when contract employees are working on County property or at any PSAP. Security policies may change over the course of this contract and the successful bidder is expected to meet these changing requirements and any associated costs. Carousel Industries understands and will comply. 14 Pinellas County ITB 156-0302-M Page F. Training 1. In order to ensure County staff have the knowledge base necessary to make critical decisions about 911 equipment upgrades and maintenance work, the successful bidder shall procure relevant 911 equipment training for one (1) Pinellas County Regional 911 Division Staff Member at the election of the Pinellas County Regional 911 Director for the following: a) Airbus DS Communications Installation & Maintenance (I&M) training or other training recommended by Airbus DS for required knowledge. Costs shall include seat registration and necessary travel & accommodations to attend such training in accordance with §112.061, Florida Statutes, (2012). Carousel Industries understands and will comply. 15 Pinellas County ITB 156-0302-M Page E. UNSPECIFIED WORK: Unspecified work will be included in the contract to address minor work or materials not listed. When these services are needed, the County Representative will negotiate the cost (time and materials) with the successful bidder and authorize the work. There is no guarantee that these services or funding will be utilized. Carousel Industries understands and will comply. 16 Pinellas County ITB 156-0302-M Page Section F. Bid Submittal and Summary 17 156-0302-M (RG)REVISED Page 24 of 29 SECTION F – BID SUBMITTAL AND SUMMARY PINELLAS COUNTY PURCHASING ITB – SERVICES REVISED: 03/2016 BID TITLE: MAINTENANCE AND REPAIR SERVICES OF 9-1-1 EQUIPMENT BID NUMBER: 156-0302-M (RG) GROUP 1- MAINTENANCE SERVICES (24 X 7 X 365 remote monitoring from Airbus DS Communications) Locations Year 1 Year 2 Year 3 Year 4 Year 5 Total E 9-1-1 Pinellas Regional 9-1-1 Primary Host A $$$$$$E 9-1-1 Pinellas Regional 9-1-1 Primary Host B $ $ $ $ $ $ E 9-1-1 Regional 911 Backup $ $ $ $ $ $ E 9-1-1 City of Largo PD $ $ $ $ $ $ E 9-1-1 City of Pinellas Park PD $ $ $ $ $ $ E 9-1-1 City of Tarpon Springs PD $ $ $ $ $ $ E 9-1-1 City of St. Petersburg PD $ $ $ $ $ $ E 9-1-1 City of Clearwater PD $ $ $ $ $ $ TOTAL GROUP 1 $ GROUP 2- DEDICATED ON-SITE RESOURCE Description Annual Quantity (Hours) Hourly Rate Onsite Technician (Monday through Friday, from 8:00am -5:00pm) 2080 Year 1 Hourly Rate Year 2 Hourly Rate Year 3 Hourly Rate Year 4 Hourly Rate Year 5 Hourly Rate $ $ $ $ $ TOTAL (Annual Hourly X Hourly Rate) $$$$$TOTAL GROUP 2 $_______________ GROUP 3: NEW EQUIPMENT PURCHASES Anticipated Expenditures % Discount Off Manufacturers Retail Price List Total $1,000,000.00 $1,500,000.00 _____%$__________BID TOTAL (GROUP 1 + GROUP 2+ GROUP 3) $_______________ ADDENDUM NO. 1 156-0302-M (RG) Page 25 of 29 SECTION F – BID SUBMITTAL AND SUMMARY OTHER (The following information is required but will NOT be used to determine award) 1. Alternate Cost for One (1) additional Onsite Technician (Monday through Friday from 8:00am-5:00pm) Year 1 Hourly Rate Year 2 Hourly Rate Year 3 Hourly Rate Year 4 Hourly Rate Year 5 Hourly Rate $__________ $___________ $__________ $__________ $___________ 2. On-call technician (after hours, including weekends and holidays) $____________/hour 3. Unspecified Work (Time and Materials) Hourly Rate % Discount Off Manufacturers Retail Price List $_____________ ___% IF THE COUNTY IS EXPECTED TO SIGN ANY AGREEMENTS, PLEASE SUBMIT DOCUMENTS WITH YOUR BID. DELIVERY _________ DAYS AFTER RECEIPT OF ORDER An award may not be issued without proof that your firm is registered with the Florida Division of Corporations, as per Florida Statute §607.1501 (http://www.flsenate.gov/Laws/Statutes/2011/607.1501). A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit www.sunbiz.org for this information on how to become registered. PINELLAS COUNTY PURCHASING ITB – SERVICES REVISED: 03/2016 Pinellas County ITB 156-0302-M Page Section G. Addenda Acknowledgment Form 18 Multi-Site Summary - Utilizing Pinellas County Contract No. 156-0302-M. Replacing ten (10) of the existing full VESTA workstations at the Primary Clearwater PSAP with ten (10) CommandPOST Laptops. Existing position accessories, VESTA licensing and support will be re-used. Adding the following equipment: Clearwater PD Primary PSAP Ten (10) VESTA CommandPOST Laptops Ten (10) new docking stations to be used with existing monitors, SAMs and Genovation Keypads. Clearwater PD Backup PSAP Ten (10) new docking stations with new 24" LED FP monitors, SAMs and Genovation Keypads Assumes Clearwater will provide Internet Connectivity to each of the ten (10) docking stations at the Backup location. When the VESTA CommandPOST are at the Primary center, they will be connected to the local VESTA network. When the VESTA CommandPOST are at the Backup center, they will establish a secure VPN tunnel across the customer's Internet to the VESTA Host Firewalls that are managed by Carousel Industries Install/Configure/Test new redundant Avaya/Frontier network for Clearwater PD at the Host B PSC location: Existing PRI modules, Analog FXO and FXS modules at Host B will be re-used to support one (1) new PRI from the City's Avaya, one (1) new Frontier Telco PRI and ten (10) analog Frontier ringdowns. Pricing is valid for 90 days City of Clearwater, FL $107,206.94 Total Solution:$107,206.94 By: _____________________________ Title: ___________________________________ Date: ____________ By signing below, Customer makes an offer to purchase the Products and/or Services above from Carousel. Carousel's acceptance of this offer to purchase shall be evidenced by the conversion of the Quote into a Carousel Service Order, and the return of the Service Order number to the Customer. All new products are guaranteed to be as specified by the manufacturer's documentation, and are provided with the manufacturer's standard Product warranty. All refurbished components are covered by a Carousel direct warranty. Design Assumptions- Customer is responsible for any electrical service, environmental conditions and cable work needed to support the quoted Products, unless otherwise specified on the Quote. Any changes to the above Products and /or Scope of Work will require the written authorization of both Carousel and the Customer. Pricing does not include taxes and freight charges, and as applicable, these costs will be added to the invoice. All work is done subject to the terms and conditions of Pinellas County Contract No. 156-0302-M. Proposal For:Clearwater Police Department (Pinellas County, FL) Solution Proposed VESTA CommandPOST Addition Date:September 8, 2020 Page 1 of 1 Pinellas County Staff Report 315 Court Street, 5th Floor Assembly Room Clearwater, Florida 33756 File #:16-454A,Version:1 Agenda Date:6/7/2016 Subject: Award of bid to Carousel Industries of North America, Inc. for the maintenance and repair services of 9-1-1 equipment. Recommended Action: Approve the award of bid to Carousel Industries of North America, Inc. for the maintenance and repair services of 9-1-1 equipment. Bid no. 156-0302-M (RG); in the amount of $3,113,188.87; for sixty (60) months on the basis of being the lowest responsive, responsible bid meeting specifications. Strategic Plan: Deliver First Class Services to the Public and Our Customers 5.2 Be responsible stewards of the public’s resources 5.3 Ensure effective and efficient delivery of county services and support 5.4 Strive to exceed customer expectations Summary: This contract is for the repair and maintenance services of 9-1-1 Customer Premises Equipment, and Symon Display Boards located at multiple Public Safety Answering Points (PSAP) throughout the County. The contract provides a full-time onsite technician to work at various PSAP sites specified by the Regional 9-1-1 Director and in addition provides for the supply and installation of future equipment and software, as required. The maintenance service pricing structure is based on a fixed annual price for each PSAP location; pricing for the onsite resource is based on a fixed hourly rate. An on-call technician will also be provided for after hours, weekends and holidays to service all calls related to equipment failures. New equipment purchases receive a twenty percent (20%) discount off the manufacturer’s retail price list. The contract term is for sixty (60) months commencing July 1, 2016 through June 30, 2021. Background Information: On April 8, 2016, the Purchasing department, on behalf of the Department of Safety and Emergency Services, released an invitation to bid for the above referenced services, resulting in four (4) bid submittals. This contract replaces a prior contract expiring June 30, 2016. Fiscal Impact: Sixty (60) month expenditure as follows: Maintenance services not to exceed $1,073,771.87 On-site resource service not to exceed $556,400.00 Pinellas County Printed on 5/26/2016Page 1 of 2 powered by Legistar™ Approved by the Board of County Commissioners on June 7, 2016 File #:16-454A,Version:1 Agenda Date:6/7/2016 New equipment purchases expenditure not to exceed $1,200,000.00 Unspecified work not to exceed $ 283,017.00 Total sixty (60) month expenditure not to exceed $3,113,188.87 Funding is derived from E9-1-1 Service Fund fees Staff Member Responsible: Chuck Freeman, Director, Regional 9-1-1 Division Joe Lauro, Director, Purchasing Department Partners: St. Petersburg PD Clearwater PD Largo PD Pinellas Park PD Tarpon Springs PD Attachments: Bid Tabulation Pinellas County Printed on 5/26/2016Page 2 of 2 powered by Legistar™ CAROUSEL INDUSTRIES OF AMERICA, INCAIRBUS DS COMMUNICATIONS INCGENERAL DYNAMICS INFORMATION TECHNOLOGY INCFRONTIER FL LLC DBA FRONTIER COMMUNICATIONS, INCGROUP 1- MAINTENANCE SERVICES $ 1,073,771.87 $ 1,017,449.00 $ 1,667,843.44 $ 1,867,466.47 GROUP 2- DEDICATED ON-SITE RESOURCE $ 556,400.00 $ 759,200.00 $ 832,000.00 $ 587,766.40 *** GROUP 3: NEW EQUIPMENT PURCHASES $ 1,200,000.00 $ 1,227,000.00 $ 1,170,000.00 $ 1,275,000.00 BID TOTAL (GROUP 1 + GROUP 2+ GROUP 3) $ 2,830,171.87 $ 3,003,649.00 $ 3,669,843.44 $ 3,730,232.87 $ 3,113,188.87 INVITATION TO BID NO. 156-0302-M(RG)MAINTENANCE AND REPAIR SERVICES OF 9-1-1 EQUIPMENTDUE DATE: MAY 10, 2016 @ 3:00PMBID TABULATIONNOTE:(Group 1 + Group 2+ Group 3) + (Unspecified)Total sixty (60) month expenditure not to exceed TOTAL CONTRACT VALUE FORMULA:***Unspecified Funds will be 10% of the total contract value($2,830,171.87) + ($283,017.00) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8438 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve Joint Participation Agreement (JPA) G1093 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), authorize the appropriate officials to execute same, and adopt Resolution 20-58. SUMMARY: FDOT JPA Agreement G1093 provides for 80% grant funding for the Clearwater Airpark Security System Upgrades, with Airpark revenues providing a 20% match. This agreement provides for the upgrades of security cameras and associated equipment. The project cost is $75,000.00 with FDOT contributing $60,000.00, Airpark Fund providing a $15,000.00 match. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project G2108, Security System Upgrade, to fund this project. Page 1 City of Clearwater Printed on 11/13/2020 RESOLUTION NO. 20-58 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR CLEARWATER AIRPARK SECURITY SYSTEM UPGRADES AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding for security systems upgrades and associated accessories at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 438512-1-94-01, Contract No.: G1093 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8466 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Advisory Board Discussion SUMMARY: The City’s advisory board program is composed of 16 active advisory or regulatory (quasi-judicial) boards that meet quarterly or monthly. To facilitate today’s discussion, staff recommends focusing on the non quasi boards listed below. The powers and duties of each board are listed as defined by existing city code. Airpark Advisory Board The airpark advisory board may initiate studies and make recommendations on the operation and maintenance of the airpark to the city council and shall be responsive to the city council on airpark matters referred to the board by the city council. Environmental Advisory Board The objective of the board shall be to provide citizen insight to the city commission and staff on environmental activities within and affecting the city. The board shall have the following powers and duties: 1) identify and assess significant environmental objectives, and 2) review and provide recommendations to the city commission on selected environmental programs and projects. Library Board The library board shall make recommendations to the city commission concerning all matters pertaining to the management and use of the library system, including but not limited to the establishment of such rules and regulations governing the privilege of using the library by members of the public as they may deem advisable. Marine Advisory Board The marine advisory board shall initiate studies and make recommendations on marine matters of the city to the city commission and shall be responsive to the city commission on marine matters referred to the board by the city. Parks & Recreation Board The parks and recreation board shall consult with and advise the city manager and other Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8466 municipal officers regarding the physical condition of, improvements on, and beautification of the public parks and playgrounds; shall serve in an advisory capacity in connection with all public parks, parkways, playgrounds, athletic fields, bathing beaches, and all other property owned or controlled by the city and used for public purposes; shall make recommendations regarding the development of city property as public parks and playgrounds; and shall submit reports to the city commission regarding their recommendations. Sister Cities Advisory Board The sister cities advisory board shall make recommendations for the effective functioning of sister cities activities and advise the city commission of sister cities program issues that might impact the expansion or development of the program. Page 2 City of Clearwater Printed on 11/13/2020 Advisory Boards 2019-05-03 1 CITY OF CLEARWATER ADVISORY BOARDS Members must be residents of Clearwater unless otherwise noted NAME OF BOARD MEETS/MEMBERSHIP & TERM BOARD DUTIES AIRPARK ADVISORY BOARD 1st Wednesday - quarterly, 3:00 p.m. (February, May, August, November) 5 members, 4-year terms Serves in advisory capacity re monitoring operation and maintenance of Clearwater Executive Airpark. Special Qualification for AIRPARK ADVISORY BOARD: 1 member shall represent a neighborhood in the immediate vicinity and/or is impacted by the flight patterns and approaches. BROWNFIELDS ADVISORY BOARD As called 9 members, 4-year terms Improves public participation/receives public comments on rehabilitation & redevelopment of Brownfields area, community safety, employment opportunities, environmental justice, and future land use. Reviews and recommends to Council re site rehabilitation agreements. Implements public participation elements outlined in Federal Brownfields Economic Redevelopment Initiative Work Plan. Special Qualifications for BROWNFIELDS ADVISORY BOARD: 3 members shall be Clearwater residents who live within or adjacent to Brownfields area; *3 members shall be owners or representatives of business operating in Brownfields area; *3 members shall be representatives of federal/state agency/local government involved with Brownfields remediation process within Pinellas County. *Clearwater residency not required BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS As Called - 1st Tuesday/month, 2:00 p.m. 5 members and 1 alternate 4-year terms Statement of Financial Interests Required Grants variances from provisions of technical codes and from provisions of the City’s flood protection. Hears appeals of decisions and interpretations of Building Official related to unsafe buildings, structures, and Code. Special Qualifications for BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS: Registered voter. *Members shall be design professionals, contractors or building industry representatives with knowledge and experience with City of Clearwater Codes. Appointed by the City Manager. *Clearwater residency not required Advisory Boards 2019-05-03 2 NAME OF BOARD MEETS/MEMBERSHIP & TERM BOARD DUTIES CIVIL SERVICE BOARD As called, 5:00 pm 5 members 2 appointed by City Manager 2 elected by municipal employees 1 elected by other 4 members 3-year terms Conducts public hearings on proposed modifications to personnel policies, provides advice and counsel on all aspects of public personnel administration, appoints hearing officer, and acts on hearing officer’s recommended orders. Special Qualifications for CIVIL SERVICE BOARD: Members shall be Clearwater residents not employed by the City, or in any manner connected with City administration. 5th member shall be a resident who does not presently hold any office in or affiliation with any type of labor union or organization commonly associated with municipal management or administration. CLEARWATER HOUSING AUTHORITY Last Friday/month, 8:30 a.m. 5 members, 4-year terms Statement of Financial Interests Required Provides housing and rent subsidies for low to moderate-income families. Special Qualifications for CLEARWATER HOUSING AUTHORITY: 1 member shall be a Program Recipient – Clearwater residency not required. 2 members can be Pinellas County residents who are employed within City limits - Clearwater residency not required. COMMUNITY DEVELOPMENT BOARD 3rd Tuesday/month, 1:00 p.m. 7 members and 1 alternate 4-year terms Statement of Financial Interests Required Handles planning and development matters. Conducts public hearings/decides development requests that are not within discretion of City staff. Conducts design review, evaluates historic applications, reviews requests for land use plan changes and rezonings, serves as Local Planning Agency to review and advise Council re City’s Comprehensive Plan. Special Qualifications for COMMUNITY DEVELOPMENT BOARD: Registered voter. Members shall be: Diverse economic, social and professional representation qualified and experienced in fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law, or real estate ENVIRONMENTAL ADVISORY BOARD 3rd Wednesday - quarterly, 4:00 p.m. (January, April, July, October) 5 members, 4-year terms Identifies and assesses environmental objectives, provides input to Council. LIBRARY BOARD 1st Thursday - quarterly, 10:15 a.m. (February, May, August, November) 7 members, 4-year terms Serves as advisor to Council in matters pertinent to policies governing Library System operations and programs. Advisory Boards 2019-05-03 3 NAME OF BOARD MEETS/MEMBERSHIP & TERM BOARD DUTIES MARINE ADVISORY BOARD 2nd Wednesday - quarterly, 8:00 a.m. (March, June, September, December) 7 members, 4-year terms Makes recommendations regarding City marinas and waterways. MUNICIPAL CODE ENFORCEMENT BOARD 4th Wednesday/month, 1:30 p.m. (3rd Wednesday – Nov. and Dec –usually) 7 members, 3-year terms Statement of Financial Interests Required Conducts hearings regarding enforcement of fire, Business Tax Receipts, building, zoning, sign, and related City codes. Special Qualifications for MUNICIPAL CODE ENFORCEMENT BOARD: Registered voter. Members shall be qualified and experienced in fields of architecture, business, engineering, construction, or real estate (when possible) NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD 2rd Tuesday/month, 9:00 a.m. 7 members 4-year terms Reviews, monitors & evaluates programs in the City directed to improving the physical environment & lifestyle of low to moderate income people; makes recommendations to City Manager & Council Special Qualifications for NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD: 1 member shall be citizen who resides within the City of Clearwater; *1 member shall be citizen actively engaged in the residential home building industry in connection with affordable housing; *1 member shall be citizen actively engaged in the banking or mortgage industry in connection with affordable housing; *1 member shall be citizen actively engaged as an advocate for low-income persons in connection with affordable housing; *1 member shall be citizen actively engaged as a not-for-profit provider of affordable housing; *1 member shall be citizen actively engaged as a Real Estate professional in connection with affordable housing; and *1 member shall be citizen who represents employers within the City of Clearwater. *Residents of Clearwater or Citizens who conduct work in the City of Clearwater. AFFORDABLE HOUSING ADVISORY COMMITTEE NAHAB augmented by 4 members triennially Special Qualifications for AFFORDABLE HOUSING ADVISORY COMMITTEE: *1 member shall be citizen representing area of labor engaged in home building in connection with affordable housing; *1 member shall be citizen actively engaged as for-profit provider of affordable housing; *1 member shall be citizen representing essential services personnel, as defined in the local housing assistance plan; 1 member shall be citizen who is a local planning agency member. * Residents of Clearwater or Citizens who conduct work in the City of Clearwater. Advisory Boards 2019-05-03 4 NAME OF BOARD MEETS/MEMBERSHIP TERMS BOARD DUTIES NUISANCE ABATEMENT BOARD As Called - 1st Wednesday/month, 3:00 p.m 7 members, 4-year terms Statement of Financial Interests Required Conducts hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout Clearwater. Special Qualification for Nuisance Abatement Board: Registered voter. PARKS & RECREATION BOARD 4th Tuesday - quarterly, 6:30 p.m. (January, April, July, October) 7 members, 4-year terms Provides citizen insight to the City Council and staff on parks and recreation activities within and affecting the City. PUBLIC ART & DESIGN ADVISORY BOARD 2nd Thursday - quarterly, 2:00 p.m. (January, March, June, September and As Called) 7 members, 4-year terms Develops guidelines, procedures and policies to administer the Public Art & Design Program & recommends Public Art to City Council. Special Qualifications for PUBLIC ART & DESIGN ADVISORY BOARD: 1 member shall be Landscape architect, architect, urban planner, or related design professional; 1 member shall be Active professional artist; 3 members shall be Residents knowledgeable in fields of public art, education, or community affairs; *1 member shall be Clearwater Arts Alliance member nominated by Clearwater Arts Alliance; and *1 member shall be Pinellas County Arts Council member or designee nominated by Pinellas County Arts Council. *Clearwater residency not required SISTER CITIES ADVISORY BOARD 4th Thursday – quarterly, 4:00 p.m. (January, April, July, October) 7 members, 4-year terms Makes recommendations for effective functioning of Sister Cities activities and advises City Council of Sister Cities program issues that might impact the expansion and development of the program. Special Qualifications for SISTER CITIES ADVISORY BOARD: 1 member shall be Member of City Council; 1 member shall be Age 19 or younger; 1 member shall be at large; *1 member shall be Clearwater Sister Cities, Inc. representative nominated by CSCI; *1 member shall be Local business community representative; *1 member shall be School Board’s World Language Coordinator or designee; and *1 member shall be Clearwater Arts Alliance representative nominated by Clearwater Arts Alliance *Clearwater residency not required Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8439 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Approve an amendment to the subordination agreement entered on September 1, 2016 among Branch Banking and Trust Company (BB and T), Clearwater Marine Aquarium, and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 13, 2011, City Council authorized negotiation and drafting of a subordination agreement and modification of the reverter rights held by the City in a portion of the Clearwater Marine Aquarium Property. In 2016, the City agreed to subordinate its reverter interest to up to $25 million dollar loan. Due to the financial impacts of the COVID-19 pandemic, the Clearwater Marine Aquarium is requesting that the City amend the Subordination Agreement to eliminate the $25 million cap on the amount they can borrow. If the amendment to the subordination Agreement is approved: The City will subordinate its reverter rights applicable to Parcel 1 to a mortgage without limitation. The Subordination Agreement precludes any action on behalf of the City to enforce the reverter or other restrictions on the property unless the City first pays off the existing indebtedness on the Aquarium. In return for the City’s subordination, BB and T provides the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium’s default or demise. The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB and T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB and T then able to proceed with foreclosure on the Parcels. Page 1 City of Clearwater Printed on 11/13/2020 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Branch Banking and Trust Company 28050 US Highway 19 N Clearwater, Florida 33761 Attn: Jeff Lampasso Space above for Recorder's Use AMENDMENT TO SUBORDINATION AGREEMENT THIS AMENDMENT TO SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of this ______ day of November, 2020 (the “Amendment Effective Date”), by and among the CITY OF CLEARWATER, FLORIDA, a municipal corporation under Florida law (the “City”), BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation having offices in the State of Florida (the “Bank”), and CLEARWATER MARINE AQUARIUM, INC., f/k/a Clearwater Marine Science Center, Inc., a Florida nonprofit corporation (the “Owner”). Background A. The parties entered into that certain Subordination Agreement dated September 1, 2016 (the “Agreement”), which Agreement was recorded in the Public Records of Pinellas County in O.R. Book 19326, Page 2457. All capitalized but undefined terms used in this Amendment shall have the meanings ascribed thereto in the Agreement. B. The Agreement provides and the City consented that the Bank was authorized to lend to the Owner up to $25 million. C. The parties desire to amend the Agreement to permit further lending by the Bank to the Owner. Agreement For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Background. The Background is true and correct and incorporated in this Amendment. 2. Consent to Additional Lending. The City hereby approves of and consents to any additional lending by the Bank to the Owner, which loans may be secured by the real property and improvements owned by the Owner, including the Property, in such amounts as may be hereafter agreed by the Bank and the Owner. 3. Amendment to Section 1. Section 1 of the Agreement is hereby amended to reflect that the term Bank Security Instruments is not limited to the 2010 Security Instrument and the 2016 Bank Security Instrument but, instead, refers to any security instruments related to any Secured Obligation. Therefore, the parties agree to delete the parenthetical included in Section 1 and replace it with the following: “(the “Bank Security Instruments”)”. 4. Amendment to Section 9. The second sentence of Section 9 is hereby deleted in its entirety. 5. No Other Modifications. The terms and conditions of this Amendment shall amend, supersede, replace, govern, and control over any conflicting or inconsistent terms and conditions in the Agreement, but except as modified in this Amendment, all other terms and conditions of the Agreement shall remain unmodified and in full force and effect and are hereby ratified and reaffirmed. Unless otherwise defined in this Amendment, all capitalized terms shall have the same meanings as provided in the Agreement. 6. Counterparts. This Amendment may be executed and delivered by facsimile or electronic signature and in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one (1) and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes may be executed in counterparts, each of which shall be deemed an original; and such counterparts when taken together shall constitute but one agreement. [Signature Pages Follow.] (City Signature Page to Amendment) IN WITNESS WHEREOF, the City has executed this Amendment with the intent to be bound as of the Amendment Effective Date. THE CITY: Countersigned: Signature: Frank V. Hibbard, Mayor Approved as to form: Signature: Pamela K. Akin, City Attorney CITY OF CLEARWATER, FLORIDA By: Name: William B. Horne, II Title: City Manager Attest: Signature: Rosemarie Call City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of November, 2020, by William B. Horne, II, Pamela K. Akin, Rosemarie Call, and Frank V. Hibbard, respectively the City Manager, City Attorney, City Clerk and Mayor of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, who are ☐ personally known to me or ☐ who produced _______________________________________ as identification. ____________________________________ Name: ______________________________ Notary Public State of Florida (Seal) (Bank Signature Page to Amendment) IN WITNESS WHEREOF, the Bank has executed this Amendment with the intent to be bound as of the Amendment Effective Date. BANK: BRANCH BANKING AND TRUST COMPANY By: Name: Title: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of November, 2020, by __________________________(name of person), as __________________________ (type of authority, e.g. officer, trustee, attorney in fact) for Branch Banking and Trust Company, a North Carolina banking corporation, who is ☐ personally known to me or ☐ who produced _______________________________________ as identification. ____________________________________ Name: ______________________________ Notary Public State of Florida (Seal) (Owner Signature Page to Amendment) IN WITNESS WHEREOF, the Owner has executed this Amendment with the intent to be bound as of the Amendment Effective Date. OWNER: CLEARWATER MARINE AQUARIUM, INC. By: Name: Title: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of November, 2020, by __________________________(name of person), as __________________________ (type of authority, e.g. officer, trustee, attorney in fact) for Clearwater Marine Aquarium, Inc., a Florida nonprofit corporation, who is ☐ personally known to me or ☐ who produced _______________________________________ as identification. ____________________________________ Name: ______________________________ Notary Public State of Florida (Seal) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8440 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-60. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/13/2020 Resolution No. 20-60 RESOLUTION NO. 20-60 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Nov. 19, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; 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 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 1, extended 7 days by Mayor Frank Hibbard on October 7 and 14, confirmed by City Council in Resolution 20-54 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, and extended 7 days by Mayor Frank Hibbard on November 11 and 18; 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 Resolution No. 20-60 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 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 Resolution No. 20-60 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 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, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and Resolution No. 20-60 WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20-139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20-179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20-193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and Resolution No. 20-60 WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, as of November 19, 2020 816,376 Florida residents (827,380 total cases in Florida including non-residents), including 49,794 in Hillsborough County (including 828 deaths), 13,892 in Manatee County (including 330 deaths), 11,445 in Pasco County (including 245 deaths), and 26,884 in Pinellas County (including 830 deaths) 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 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 November 11, 2020 state of emergency proclamation is hereby confirmed. Section 2. The November 18, 2020 state of emergency proclamation is hereby confirmed. Resolution No. 20-60 Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 19th day of November, 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#20-8447 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. The Estate of Hotmire, et al., Case No. 18-8368-CI. (consent) SUMMARY: On July 19, 2018 the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against the Estate of Harry Hotmire (the Estate), owner of the property located at 907 Chestnut Street. The property is under contract for sale to a third-party purchaser and the Estate has offered $25,000.00 to settle the case. Therefore, authority is being sought to settle this case for $25,000.00 in exchange for which the City: 1) will release the lien that attaches to this property; and 2) and dismiss the lawsuit. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8451 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Request for authority to settle the case of City of Clearwater v. H and S Realty and Property, Inc., et al., Case No. 19-2452-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against H&S Realty & Property, Inc. (the Estate), owner of the property located at 1501 N. Betty Lane. The property has since been brought into compliance with the City’s codes and the property owner has offered $20,000.00 to settle the case. Therefore, authority is being sought to settle this case for $20,000.00 in exchange for which the City will: 1) release the lien that attaches to this property; and 2) and dismiss the lawsuit. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 20-61 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Legal Department Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Eta and adopt Resolution 20-61. SUMMARY: The entire City of Clearwater was threatened by the wind and rain and disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Tropical Storm Eta. Mayor Frank Hibbard issued a Proclamation of a State of Emergency on November 11, 2020. Section 15.07(2) of the Code of Ordinances requires the City Council to confirm a Declaration of a State of Emergency at the next regularly scheduled meeting. Page 1 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9413-20 2nd rdg Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9413-20 on second reading, amending Section 33.055 of the Clearwater Code of Ordinances to limit a vessel’s daily hours of occupancy of certain non-leased public dock slips. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/13/2020 Ordinance No. 9413-20 ORDINANCE NO. 9413-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING SECTION 33.055 OF THE CLEARWATER CODE OF ORDINANCES TO LIMIT A VESSEL’S DAILY HOURS OF OCCUPANCY OF CERTAIN NON-LEASED PUBLIC DOCK SLIP(S); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns three non-leased public dock slips commonly referred to as the Island Way Grill dock slip, the Recreation Center (Sand Pearl) dock slip, and the Downtown Boat Slips (collectively, “the Public Dock Slips”); and WHEREAS, the purpose of the Public Dock Slips is to provide free public docking options for the boating public at large; and WHEREAS, another purpose of the Public Dock Slips is to encourage boating as a transportation alternative and to provide water access to businesses and the beach; and WHEREAS, other than the prohibition that there can be no occupancy between the hours of 10:00 p.m. and 8:00 a.m., there is no time limitation on a vessel’s use of any of the Public Dock Slips; and WHEREAS, because there is no time limitation on a vessel’s use of any of the Public Dock Slips other than the prohibition against occupancy between the hours of 10:00 p.m. and 8:00 a.m., the Public Dock Slips are often monopolized by a few vessels that are left at the slips all day such that there is little turnover for the boating public at large; and WHEREAS, the City has determined that placing further time limitations on the Public Dock Slips is in the interest of the public health, safety, morals, and welfare of the City’s residents; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 33, Waterways and Vessels, Section 33.055 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 33.055. - Prohibited mooring, beaching or placing of vessels. (1) No vessel of any kind whatsoever shall moor to or tie up to a private seawall or dock or be beached upon private property within the city limits without the permission of the owner thereof. Ordinance No. 9413-20 2 (2) It is unlawful for a person, firm, or corporation to store, leave, or abandon any derelict vessel in any navigable waters within the City. No vessel that is in an unregistered, derelict, wrecked, junked, or substantially dismantled condition shall be permitted to dock, moor, or tie up at any private seawall, dock, or moorage space within the city, except that such vessel may moor at licensed marine facilities for the purpose of repair. (3) No vessel shall be moored or otherwise placed in such a manner as to impede, restrict, or otherwise interfere with the use of public docks, launching ramps or other public waterfront facilities. (4) No vessel shall be permitted to occupy any of the City-owned Island Way Grill, non-leased public dock slips for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (5) No vessel shall be permitted to occupy the City-owned Recreation Center (Sand Pearl), non-leased public dock slips for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (6) No vessel shall be permitted to occupy the City-owned side tie, non-leased public mooring section of the Downtown Boat Slips, for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (7) Vessels in violation of this section shall be subject to punishment as provided by law, including, but not limited to those enforcement procedures contained in Article 7 of the Clearwater Community Development Code, and all costs of towing and storage of vessels in violation of this section shall be assessed to the vessel owner. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Ordinance No. 9413-20 3 Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9414-20 2nd rdg Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9414-20 on second reading, amending Chapter 2, Article III, Division 5 of the Clearwater Code of Ordinances relating to the Downtown Development Board, amending definitions; amending the Statement of Policy and Findings of the Downtown Development Board; amending the boundaries of the Downtown Development Board; amending referenda and elections process; amending eligibility requirements to vote in freeholders’ elections; amending the bylaws, quorum and meeting requirements for the Downtown Development Board; amending the functions and powers of the Downtown Development Board; and creating a voting conflict of interest requirement. SUMMARY: Page 1 City of Clearwater Printed on 11/13/2020 Ordinance No. 9414-20 ORDINANCE NO. 9414-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 OF THE CLEARWATER CODE OF ORDINANCES; AMENDING DEFINITIONS; AMENDING THE STATEMENT OF POLICY AND FINDINGS OF THE DOWNTOWN DEVELOPMENT BOARD; AMENDING THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT BOARD; AMENDING REFERENDA AND ELECTIONS PROCESS HELD BY FREEHOLDERS IN THE DOWNTOWN DEVELOPMENT BOARD GEOGRAPHIC AREA; AMENDING THE ELIGIBILITY REQUIREMENTS TO VOTE IN FREEHOLDERS’ ELECTIONS; AMENDING THE BYLAWS, QUORUM, AND MEETING REQUIREMENTS FOR THE DOWNTOWN DEVELOPMENT BOARD; AMENDING THE FUNCTIONS AND POWERS OF THE DOWNTOWN DEVELOPMENT BOARD; CREATING A VOTING CONFLICT OF INTEREST REQUIREMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature created the Clearwater Downtown Development Board (“the DDB”) on July 2, 1970 through Ch. 70-635, Laws of Fla.; and WHEREAS, the Florida Legislature subsequently converted governance of the DDB to local ordinance on June 30, 1977 through Ch. 77-637, Laws of Fla.; and WHEREAS, the City of Clearwater (“the City”) subsequently codified the DDB’s purpose, functions, and powers in Chapter 2, Article III, Division 5 of its Code of Ordinances; and WHEREAS, the City has, from time to time, amended that part of the Code of Ordinances which governs the DDB; and WHEREAS, at its February 5, 2020 meeting the DDB recommended that the City adopt further amendments to that part of the City’s Code of Ordinances which governs the DDB; and WHEREAS, the City reviewed the proposed amendments and finds that it is in the interests of the public health, safety, morals, and welfare of the City’s residents to make certain amendments to that part of the City’s Code of Ordinances which governs the DDB; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. 9414-20 2 Section 1. That section 2.141, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.141. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings and construction ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the Clearwater Downtown Development Board created pursuant to this division and any successor to its functions, authority, rights and obligations. CRA means the Community Redevelopment Agency of the City of Clearwater, Florida, created pursuant to Resolution 81-67 and Ordinances 2576-81 and 2779-82, as the same may be amended from time to time. Downtown and downtown area mean District means the area established by section 2.144 and any areas added pursuant to such section or a different area created by eliminating any portion of such area. Freeholder means any individual, corporation, or other artificial legal entity, who is an owner of real property in the downtown area District not wholly exempt from ad valorem taxation including those claiming homestead. Including shall be construed as merely introducing illustrative examples and not as limiting in any way the generality of the inclusive term. Majority with qualification means a majority of a quorum. Section 2. That section 2.143, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.143 – Statement of policy and findings. (1) It is the policy of the city to make it possible for the city to revitalize and preserve property values and prevent deterioration in the District by revitalizing and preserving the District as a central business district by a system of self-help to correct the blight of such deterioration as has developed there. It with places to live, work, and spend leisure time. Recognizing that property owners in the District directly benefit from such a program, it is a purpose of this division to provide the means whereby those property owners within the district and benefiting directly from the result of such a program will bear the substantial cost thereof of the program and therefore in order to solve a local problems may be solved problem on a local level. (2) The city commission council hereby declares that among the many causes of commercial blight in the downtown area are challenges that have limited economic Ordinance No. 9414-20 3 growth and development in the District include the following: Automobile traffic flow is impeded by outmoded street patterns, a proliferation of uncoordinated uses and parking areas, unsuitable topography, faulty lot layouts, fragmentation of land uses obsolete and parking areas necessitating frequent automobile movement, lack of separation of vehicle traffic lanes, railroad traffic insufficient infrastructure, insufficient availability of office space and air pollution. housing, and obsolete and substandard office space and housing. Voluntary cooperation for coordinated development has limitations because of fragmentary ownership, distant absentee ownership and, unusual conditions of title, and other conditions. (3) The downtown area is plagued with vacant and deteriorating buildings which are neglected and produce a depressing atmosphere. Similarly there is much vacant land area in the downtown area and these factors tend to combine to put the downtown area at a competitive disadvantage to modern offices and shopping centers developing in the area. These factors tend to develop an image of the downtown area which is unrepresentative of its economic vitality and out-of-place with the growth of the city, thus producing a tarnishing effect on the overall image of the city. (4)(3) The area now has few residences and many of the residences which do exist are of inferior construction which would not be permitted for new construction under the city's building code. It is in some instances a proper function of government to remove blight and blighting influences from commercial areas. The police power may be inadequate to accomplish this purpose. One effective device Effective devices for removal of the blight of the downtown area is the include: planning and implementation of planning for appropriate land use, and beautification projects, construction of new infrastructure, the continuity of planning and aesthetic and technical design concepts, and the removal of deteriorated and obsolescent obsolete structures. (4) Responsibility for the planning and implementation in the downtown area as described in the preceding subsection (4) District rests primarily with the city and the CRA. The city commission council declares that the powers of the board created by this division Board are desired to: (a) Guide Assist the city and the CRA to guide and accomplish the coordinated, balanced and harmonious development of the downtown area District in accordance with existing and future needs; (b) Promote the health, safety and general welfare of the area, and its inhabitants, visitors, property owners and workers; Serve as a voice for property owners, businesses, residents and organizations in the District; (c) Establish, maintain, and preserve aesthetic values and preserve and foster the development and display of attractiveness; Create a sense of community that supports existing businesses and residents and attracts new businesses and residents to the District; Ordinance No. 9414-20 4 (d) Prevent overcrowding and congestion; Assist the city and the CRA in implementation of the Clearwater Downtown Redevelopment Plan and any amendment or successor thereto; and (e) Improve auto traffic and provide pedestrian safety; and Assist the city and the CRA to provide a way of life which combines the conveniences and amenities of modern living with the traditions and pleasures of the past. (f) Assist the city and the CRA to provide pedestrian safety Section 3. That section 2.144, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.144 – Boundaries of downtown area the District. (1) Established. The downtown area District included in this division shall be all those properties which lie within the perimeter described as follows: Beginning where Jones Street ends at Clearwater Bay running east on Jones Street to Myrtle Avenue; thence south on Myrtle Avenue to Drew Street; then east on Drew Street to Prospect Street; then south on Prospect Street to Grove Street; then east on Grove Street to Greenwood Martin Luther King Jr. Avenue; then south on Greenwood Martin Luther King Jr. Avenue to Laura Street; then east to include those properties fronting on Cleveland Street to Fredrica Avenue; then south on Fredrica Avenue to the southerly boundaries of the properties fronting on Cleveland Street; then west on those southerly boundary lines to Madison Avenue; then south on Madison Avenue to vacated Park Street; then west to Washington Avenue; then south on Washington Avenue to Gould Street; then west on Gould Street to Greenwood Martin Luther King Jr. Avenue; then north on Greenwood Martin Luther King Jr. Avenue to the southerly boundary of Lots 24 and 9 of Block B of Coachman Heights Subdivision; then west on the south lot lines of Lots 24 and 9 to Ewing Avenue; then south on Ewing Avenue to Court Street; then east on Court Street to Greenwood Martin Luther King Jr. Avenue; then south on Greenwood Martin Luther King Jr. Avenue to the southerly boundaries of those properties fronting on Chestnut Street; then west on those southerly boundaries to Myrtle Avenue; then south on Myrtle Avenue to Turner Street; then west on Turner Street to East Avenue; then north on East Avenue to the southerly boundaries of those properties fronting on Chestnut Street; then west on those southerly property lines to the old ACL Railroad right-of-way; then north on that right-of-way to Chestnut Street; then west on Chestnut Street to an alley; then south on the alley to Rogers Street; then west on Rogers Street to South Fort Harrison Avenue; then north on South Fort Harrison Avenue to Chestnut Street; then west on Chestnut Street to Clearwater Bay. (2) Amendment. The board created in section 2.147 The Board shall have the power from time to time by the following procedure to alter or amend the boundaries of the downtown area District: Ordinance No. 9414-20 5 (a) The board Board shall first set a date for public hearing on the adoption of a resolution amending the description of the downtown area District and shall cause a notice of the public hearing to be published in a newspaper of general circulation published in the city, which notice shall be published four times, not less than 30 nor more than 60 days from the date of the hearing. The notice shall set forth include the date, time and place of the hearing, and shall describe the boundaries of the existing downtown area as defined in this section District and shall describe the changes to be made thereto. Additionally, the board Board shall cause to be mailed to each owner of the property Freeholder, according to the tax collector's records existing in the county, a copy of the notice as published in the paper. (b) After the public hearing, the board Board shall adopt a resolution defining the changes in the downtown area District. The board Board shall not incorporate land into the district District not included in the description contained in the notice of public hearing, but it may eliminate any lands from the proposed area. (c) A freeholders’ Freeholders’ referendum, as set out in section 2.145, shall then be held in connection with any. If additions to the area defined in this section, with District are proposed, only those voting Freeholders located in the new area being shall be eligible to vote. However, if If any deletion shall be made in the area defined in this section, then is proposed, all the freeholders Freeholders within the area defined in this section District shall be entitled eligible to vote in the freeholders' referendum. Section 4. That section 2.145, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.145. – Freeholders’ referenda and elections. Whenever a freeholders' referendum is required or an election of board members is necessary, such referendum or election shall be conducted as follows: (1) Except as otherwise provided in this section, Freeholders’ referenda and elections shall be governed by the bylaws adopted by the Board as amended from time to time. (1)(2) Election supervisor. For the purposes of conducting freeholders' referenda and elections, the board The Board shall use an independent entity to act as election supervisor and do all things necessary to carry out the provisions of this section, except for those functions specified in this section to be performed by the board. (2)(3) Registration from tax assessment rolls. The board shall obtain a list of the names and the last known addresses of the freeholders Freeholders in the downtown area District obtained from the tax assessment rolls of the county and such list shall constitute be used as the registration list for the purposes of any freeholders referendum, except as provided in this section. Ordinance No. 9414-20 6 (3) Notification. Notification of freeholders' referenda and elections shall be by United States mail and in addition thereby by publication one time in a newspaper of general circulation. (4) Voting. Voting shall be as provided in the by-laws of the downtown development board, which bylaws shall not be inconsistent with the provisions of this section. Within 30 days after the closing of the registration list, the election supervisor shall have a secret and direct ballot of the freeholders Freeholders. One ballot shall be allowed for each parcel of property. (5) Certification of election. Within 48 hours after holding the election, the election supervisor shall certify the results thereof to the downtown development board. Any person voting who has knowledge that he or she is not a freeholder shall be guilty of perjury and shall be prosecuted and upon conviction punished in accordance with the provisions of the laws of this state. (6)(5) Passage of division Referendum. The freeholders Freeholders shall be deemed to have approved the passage of the measure submitted to the electorate at such time as any referendum if and when the election supervisor certifies to the downtown development board Board that in excess of 50 percent of those voting were in favor of the measure referendum. For the purposes of this division, one vote shall be allowed for each parcel of property. Where a parcel of property is owned by more than one person, the Joint and several owners of the parcel shall designate a voting representative who shall cast one ballot for the parcel. If a parcel of property is owned by a corporation or other artificial legal entity, the entity shall designate a voting representative who shall case one referendum. (7) Elections after changing of boundaries. Additional freeholders' elections called after increasing or decreasing the boundaries of the downtown area in accordance with section 2.144 shall be held in accordance with the referendum provisions for initial approval of this division; provided, however, that no provision of this division shall require the approval of freeholders in an area which has previously approved of the provisions of this division by any referendum held pursuant to this section, unless there is involved a decrease in the boundaries of the downtown area. Term of service. Members of the Board shall be elected for three-year terms, with two or three members being elected each year. In any election, each qualified voter shall have the right to write in any additional person on the ballot for any open seat. (8) Dissolution. The dissolution of the district District, the abolition of the board Board, and the repeal of this division may be requested by a petition of the freeholders Freeholders representing at least 30 percent of the freeholders Freeholders in the downtown area District. Upon the receipt of such a the petition by the city clerk, the board Board shall consider and decide whether to take such action by resolution upon compliance with the requirements of section 189.4043, Florida Statutes have a Freeholders’ referendum on the issues of dissolution, abolition, and repeal. Ordinance No. 9414-20 7 (9) Cost of elections. The cost of elections to be and referenda held under this division shall be borne by the board Board. Section 5. That section 2.146, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.146. - Eligibility to vote. In order to further the policies and purposes of this division, as is specified in section 2.143, it is determined that those most directly and uniquely interested in the establishment of this division are the freeholders property owners that may have to pay taxes in connection with the establishment of this division. Therefore, only these freeholders including those with homesteads, are eligible to vote as provided in this division Freeholders are eligible to vote. Any person voting who has knowledge that he or she is not a Freeholder or designated representative of a Freeholder shall be guilty of perjury and shall be prosecuted. Section 6. That section 2.147, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.147. - Creation; members. (1) There is hereby created a board Board composed of seven members to be known as the Clearwater Downtown Development Board. (2) The members of the board shall be elected for three-year terms, with two or three members being elected each year, at a date specified in the bylaws. Members shall be elected by the freeholders, taking into account that if a parcel of property is owned by more than one person, a corporation or other artificial legal entity, only the designated representative may vote. In any election, each qualified voter shall have the right to write in any additional person on the ballot for each seat to be filled. Any ballot received or postmarked later than the date designated for ballots to be returned shall be null and void. Any ballot containing more votes than the number of seats to be filled shall be null and void. (3) Two board members shall be elected at each annual election except that three board members shall be elected in 1989 and every third year thereafter. For each election, a number of persons equal to not less than the number of seats to be filled, shall be nominated. The nominees receiving the greatest number of votes, depending upon the number of seats to be filled shall be elected as board members and shall serve for three-year terms. (4)(2) To qualify for service on the board Board and to remain qualified for service on it, a board Board member shall have his or her the member’s principal place of business ownership or employment in the downtown area District or shall own real property in the downtown area District. Ordinance No. 9414-20 8 (5)(3) Any vacancy in office shall be filled by majority vote of the remaining board Board members within 60 days of the vacancy and the person so appointed shall serve as a board Board member until the next annual election. Any person so appointed shall possess all the qualifications required of a board Board member. If the majority of the Board is unable to appoint someone to fill the vacancy within 60 days, the city council shall have the power to make the appointment. At the next annual election, the number of board Board members to be elected shall be increased to include the appointed position and enable the freeholders Freeholders to elect a board Board member to serve the remainder of the unexpired term, if any. The nominee receiving the greatest number of votes after those elected for three-year terms shall be elected and shall serve for the remainder of the unexpired term. If the majority of the board is unable to appoint someone to fill the vacancy within 60 days, the City Commission shall have the power to make such appointment. (6)(4) Each member of the board Board shall serve without compensation for services rendered as a member, but may be reimbursed by the board Board for necessary and reasonable expenses actually incurred in the performance of duty. The board Board may require that all its members or any or all of its officers or employees be required to post bond for faithful performance of duty. The board With the exception of accounts managed for the Board by the city, the Board shall require such bond of all persons authorized to sign checks or disbursements on accounts of the board Board, and the board Board shall pay bonding costs. No member of the board Board shall be personally liable for any action taken in attempting in good faith to perform his the member’s duty or for a decision not to act, except in instances of fraud or willful neglect of duty. Section 7. That section 2.148, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.148. - Bylaws; quorum; officers; meetings. (1) The board Board shall formulate and may amend its own rules of procedure and written bylaws, not inconsistent with this division, by majority vote of the board Board. Among other provisions, the bylaws shall provide for conduct of referenda and elections, maintenance of funds of the Board, internal supervision and control of its accounts, maintenance of minutes and other official records, preparation and adoption of a budget, and conduct of an external audit, all in compliance with applicable laws, ordinances and regulations. (2) Four voting members of the board shall constitute a quorum for the transaction of business. No action shall be valid or binding unless adopted by the affirmative vote of the majority of all board members. (2) Four voting members of the board Board shall constitute a quorum for the transaction of business, but fewer than a quorum may adjourn from time to time and may Ordinance No. 9414-20 9 compel the attendance of absent members. All action shall be taken by vote of at least a majority of the board members. (3) The board shall select one of its members as chairperson and another as vice-chairperson, and shall prescribe their duties, powers and terms of serving. (4)(3) The board Board shall schedule regular meetings at least once a month and shall provide in its bylaws for holding special meetings. Regular meetings may be cancelled by the chairperson if there is nothing on the agenda, or there is otherwise no necessity to have a meeting. All freeholders Freeholders in the downtown area District shall be notified by mail or by public notice published in a newspaper of general circulation in the area of the time and place of all regular or and special meetings as required for public meetings by Florida constitutional and statutory law and shall have the right to attend and voice opinions at such the meetings. Section 8. That section 2.149, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.149. - Functions. The board shall perform the following functions: (1) The board shall not provide city governmental services, but shall act as an aid to the city and the CRA to see that such services are properly planned for the downtown area and are provided in a proper and full manner within that area. (2) The board shall assist the city and the CRA in preparing and maintaining on a current basis an analysis of the economic conditions and changes occurring in the downtown area, including the effect thereon of such factors as metropolitan growth, traffic congestion, lack of adequate parking and other access facilities, and structural obsolescence and deterioration. (3) The board shall assist the city and the CRA in formulating and maintaining on a current basis both short range and long range plans for improving the attractiveness and accessibility to the public of downtown facilities, promoting efficient use thereof, remedying the deterioration of downtown property values and developing the downtown area in general. (4) The board shall advise the city and the trustees of the CRA on policies and procedures which will succeed in bringing more businesses and residents into the downtown district and thus improve its tax base and overall economic conditions. (5) The board shall work with the CRA and the Greater Clearwater Chamber of Commerce to form a public-private partnership whose purpose is to improve the downtown tax base and overall economic conditions and to engage in activities including, but not limited to the following: Ordinance No. 9414-20 10 (a) Developing and implementing a revolving loan fund; (b) Developing a relationship with the St. Petersburg/Clearwater Economic Development Council to secure industrial revenue bonds for qualifying companies; (c) Developing and implementing a business relocation assistance program to enable smaller firms to relocate and improve their newly leased space; (d) Developing a cooperative effort with the Federal Small Business Administration to provide additional loan services; (e) Interfacing with Job Service of Florida to encourage hiring of the unemployed; (f) Developing and implementing a collaborative procedure to follow-up on inquiries obtaining from a new business recruiting program; (g) Developing an incentive package geared to the needs of present businesses thinking of moving out of the area; and (h) Seeking energy credits and discounts from utilities for businesses which increase employment levels or occupy vacant building space. (6) The board shall recommend policies and procedures which will lead to tax revenue growth through the enhancement of existing businesses (retention) and relocation of new businesses (recruitment). Such recommendations might include but are not limited to issues such as: (a) Zoning and land use code adjustments; (b) Variances and the way they are granted or refused; (c) Beautification and standards for building and lot maintenance; (d)Assistance in qualifying for and obtaining state and federal monies; and (e) Identifying legitimate needs of present or prospective businesses in the district which can be addressed by either the public or private sector. Such needs might include: parking, signage and other aspects of traffic flow and traffic enforcement, police or other aspects of public safety, individual need for room or working capital for expansion purposes or other aspects of business enterprise. (7) The board shall plan, fund and implement marketing activities to the limit of its available financial resources in support of the city's downtown development plan. Such activities might include but are not limited to: (a) Assisting in the periodic updating of a space inventory for the downtown district; Ordinance No. 9414-20 11 (b) Survey research of downtown freeholders and businesses to determine needs and attitudes, to monitor progress, to evaluate success or failure of initiatives; (c) Sponsoring community events to encourage public attendance at such events and support of downtown merchants; (d) Preparing and distributing public relations pieces such as, but not limited to, brochures and videos; (e) Cooperating with the Chamber of Commerce, the Convention and Visitors Bureau, and all others interested in promoting the district as a tourist destination; and (f) Planning and conducting tours of historic sites in the district. (8)The board may carry on such additional lawful projects and undertakings related to the downtown area as the city commission or the trustees of the CRA may request. (1) The Board shall perform the following functions: (a) Adopt an annual budget and accompanying work plan for the purpose of identifying means to achieve the goals and purposes of this ordinance. (b) Convene Freeholders, businesses, residents, and other District stakeholders to establish a shared vision for District redevelopment and preservation. (2) Although the Board shall not provide city government services, it shall, from time to time as it deems necessary perform the following functions: (a) Advise the city and the CRA on planning and implementation of governmental services in the District. (b) Assist the city and the CRA in formulating and maintaining both short-range and long-range plans for the District. (c) Advise the city and the CRA on policies and procedures which will succeed in supporting existing businesses and bring more businesses and residents into the District, thus improving the District’s tax base and overall economic conditions. (d) Enter into public-private partnerships whose purpose is to improve the District tax base and overall economic conditions. (e) Plan, fund, and implement marketing activities. Ordinance No. 9414-20 12 (f) Such additional lawful projects and undertakings related to the District as the city council or the CRA trustees may request, projects identified in adopted plans, and other activities that will improve the tax base or revitalize and preserve the District. Section 9. That section 2.150, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.150. - Powers. In the performance of the functions vested in or assigned to the board Board under section 2.150, the board Board is hereby granted the power to: (1) Enter into contracts and agreements to accomplish the functions set forth in section 2.149, and sue and be sued as a body corporate; (2) Have and use a corporate seal; Receive revenues from any lawful source, including but not limited to, revenues from any property or facility owned, leased, licensed, or operated by it or under its control; (3) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source; (4) Receive the proceeds of the tax imposed by this division; (5) Have exclusive control of funds legally available to it, subject to limitations imposed upon it by law or by any agreement validly entered into by it; (5) Receive revenues from any lawful source, including but not limited to, revenues from any property or facility owned, leased, licensed, or operated by it or under its control; (6) Cooperate and enter into agreements with other governmental agencies or other public bodies, except that nothing in this division shall be construed as authorization to initiate a federally subsidized urban renewal program and any such urban renewal program is hereby specifically prohibited. Section 10. That section 2.151, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.151. - Levy of ad valorem tax. For the fiscal year to be specified in the bylaws beginning after the approval of this division by the freeholders Freeholders, the county shall levy an ad valorem tax in addition to all other ad valorem taxes that may be levied annually by the county on all properties within the area described in section 2.144 the District, except those properties qualifying for homestead exemption, and shall administer such levy as a special taxing district levy Ordinance No. 9414-20 13 authorized by freeholders Freeholders’ vote under the Florida Constitution, art. VII, § 9. The rate shall not exceed one mill on each dollar of tax base and the downtown development board Board shall establish its budget for the coming fiscal year prior to the time the tax collector of the county shall prepare the tax bills and communicate by written notice to the county tax assessor what millage rate, within the one-mill limit, shall be in effect for each year's billing; provided, however, that the one-mill limitation can be increased in a freeholders Freeholders’ referendum called by the board Board and held in accordance with section 2.145. Such a The referendum shall be solely on the question of any increase in millage and shall not be construed to be a repeal of the original referendum. Section 11. That section 2.153, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.153. - Records and fiscal management Conflicts of Interest. (1) The funds of the board shall be maintained under a separate account and shall be used for the purposes authorized in this division and shall be distributed only by direction of or with the approval of the board pursuant to requisitions signed by the director or other designated chief fiscal officer of the board and countersigned by at least one other person who shall be a member of the board. (2) The board bylaws shall provide for maintenance of minutes and other official records of its proceedings and actions, for preparation and adoption of an annual budget for each ensuing fiscal year, for internal supervision and control of its accounts, which function the appropriate city fiscal officers may perform at the board's request, and for an external audit at least annually by an independent certified public accountant who has no personal interest, directly or indirectly, in its fiscal affairs. A copy of the external audit shall be filed with the city clerk within 90 days after the end of each fiscal year. The bylaws shall specify the means by which each of these functions is to be performed and, as to those functions assigned to board personnel, the manner and schedule of performance. (3) No member or employee of the board shall participate by vote or otherwise on behalf of the board in any matter in which he has a direct financial interest or an indirect financial interest other than of the benefits to be derived generally from the development of the downtown area. Participation with knowledge of such interest shall constitute malfeasance and shall result, as regards a member, in automatic forfeiture of office, or as regards an employee, in prompt dismissal. Voting conflicts shall be governed by § 112.3143, Fla. Stat. Section 12. That section 2.155, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.155. - Transfer of property upon cessation of the board Board. Ordinance No. 9414-20 14 Should the board Board cease to exist or to operate for whatever reason, all property of whatever kind shall forthwith become the property of the city, subject to the outstanding obligations of the board Board incurred in conformity with all of the provisions of this division, and the city shall use this property to the maximum extent then practicable for effectuating the purposes hereof and shall succeed to and exercise only such powers of the board Board as shall be necessary to meet outstanding obligations of the board Board and effect an orderly cessation of its powers and functions; however, under no circumstances shall the city directly or indirectly be obligated to pledge or use any of its tax monies to accomplish these functions. Section 13. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 14. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9415-20 2nd rdg Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9415-20 on second reading, vacating a Drainage and Utility Easement described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9 and 10 as recorded in Plat Book 4, Page 82 of the Public Records of Hillsborough County, of which Pinellas County was once a part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way as recorded in Official Records Book 6626, Page 429 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/13/2020 1 Ord. No. 9415-20 ORDINANCE NO. 9415-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A DRAINAGE AND UTILITY EASEMENT, DESCRIBED AS THAT PORTION OF HART STREET LYING NORTH OF BLOCKS 9 AND 10 OF JONES SUBDIVISION OF NICHOLSON ADDITION TO CLEARWATER, BLOCKS 7, 8, 9, AND 10 AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, OF WHICH PINELLAS COUNTY WAS ONCE A PART, LESS AND EXCEPT THAT PORTION LYING WITHIN 270.6 FEET OF THE EAST LINE OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, ALSO LESS AND EXCEPT THE RAILROAD RIGHTS-OF- WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 6626, PAGE 429, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, finds it appropriate to vacate said drainage and utility easement with no effect upon said fee interest; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility 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: The drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. 2 Ord. No. 9415-20 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 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk HART STREET HART AVENUE (PLAT) 60' Right-of-Way MYRTLE AVENUERight-of-Way VariesJones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block "9"Block "10" Hart's Addition to Clearwater Harbor Plat Book H1, Page 94 Block "1" ALLEY WIDTH NOT DIMENSIONED ALLEY WIDTH NOT DIMENSIONED RAILROAD30' Right-of-Way(DB 71, PG 143)VACATED HART STREET HART AVENUE (PLAT) Drainage and Utility Easement Retained Per (OR 6626, PG 429)VACATED EAST AVENUEEAST STREET (PLAT)50' Right-of-Way(OR 20366, PG 2177)Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82BLANCHE B LITTLEJOHN TRAILRight-of-Way VariesLess and Except 270.6'East line of Sec 09-29S-15EProposed Easement Vacation Less and Except Railroad Right-of-Way The vacation of a Drainage and Utility Easement, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, FL, described as follows: That portion of Hart Street lying North of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once a part, less and except that portion lying within 270.6 feet of the East line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Proposed Drainage and Utility Easement VacationJim Benwell 09/30/2020 Lgl_2020-14 1 1 09 29 S 15 E Legal Description JONES ST N MYRTLE AVE HART ST BLANCHE B LITTLEJOHN TRL HART ST 606614310 410 404 504 408 400 402 406 AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Hart_Street_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Drainage and Utility Easement Vacationof Hart Street Page 1 of 1Aerial Flown 2019 Date:10/9/2020KNMap Gen By: PROPOSED EASEMENT VACATION RBReviewed By:277bGrid #:9-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8442 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Call-ins after COVID - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8444 Agenda Date: 11/16/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: November Service Awards SUMMARY: 5 Years of Service Laura Burgess Library Florence Concklin Library Travis Presley General Services Gerard Burney Public Utilities Maria Scott Solid Waste Dieunice Deris Equity Services Stephanie Catlyn Library Karlen Harrison Kane Library Kyle Gaines General Services Jason Slanina Fire Sarah Cornacchione Library 10 Years of Service Chaddrick Cann Solid Waste Leonardo Aragones Parks & Recreation Steven King Police Susan Becotte Police 15 Years of Service Konrad Ciolko Fire Chrystal Ryals Human Resources Anita Vincent Finance Paul Cooper Utility Customer Service Amber Nahorodny Police John Garakop Solid Waste 25 Years of Service Regina DeWitt Legal Page 1 City of Clearwater Printed on 11/13/2020 File Number: ID#20-8444 30 Years of Service Lisa Perkins Gas Page 2 City of Clearwater Printed on 11/13/2020