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09/04/2007 WORK SESSION AGENDA Council Chambers - City Hall 9/4/2007 - 1:30 PM 1. Office of Management and Budget 1.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2007/08 through 2009110. I@l Attachments 1.2 Set a final millage rate of 4.6777 mills for fiscal year 2007/08 levied against no-exempt real personal property within the City and pass ordinance 7865-07 on first reading. ~ Attachments 1.3 Approve the City of Clearwater Annual Operating Budget for the 2007/08 fiscal year and pass ordinance 7866-07 on first reading. I@l Attachments 1.4 Adopt the Fiscal Year 2007/08 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 7867-07 on first reading. ~ Attachments 1.5 Approve the Interlocal Agreement with Pinellas County to extend the Infrastructure Sales Surtax (Penny for Pinellas )for ten years effective February 1, 2010 through January 31, 2020 and authorize the appropriate officials to execute same. (consent) ~ Attachments 1.6 Approve an amendment to the Interlocal Agreement with Pinellas County for the six (6) cent Local Option Fuel Tax extending the date of the levy to end on December 31, 2017 and authorize the appropriate officials to execute same. (consent) ~ Attachments 2. Economic Development and Housing 2.1 Approve a five-year (5) Management Agreement between the City and the Clearwater Regional Chamber of Commerce (CRCC) for the Clearwater Beach Visitor Information Center (VIC) for the period of October 1,2007 through September 30,2012 at a cost not to exceed $235,000 and authorize the appropriate officials to execute same. (consent) ~ Attachments 2.2 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2007-2008 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) @ Attachments 3. Financial Services 3.1 Authorize the Gas System Revenue Refunding Bonds, Series 2007 to be designated as Qualified Tax Exempt Obligations, authorize the cash defeasance of certain outstanding Gas Revenue Bonds, Series 1998 in the amount of $4,165,000, and adopt Resolution 07-23 @ Attachments 3.2 Approve settlement of the liability claim of Joshua Monti for payment of $57,000 and authorize the appropriate officials to execute same. (consent) ~ Attachments 4. Gas System 4.1 Extend the Contract with Mastec North America, Inc., Tampa, FL for the period October 1,2007, to September 30,2008, for the Installation of Gas Mains and Service Lines, in the amount of $1,185,000, approve a Purchase Order in the amount of $1,098,750 and authorize the appropriate officials to execute same. (consent) ~ Attachments 5. Marine and Aviation 5.1 Approve the second and final five-year (December 1,2007 to November 30,2012) lease renewal and operating agreement between the City of Clearwater and Clearwater Aircraft, Inc. owned by David King, Fixed Base Operator (FBO) at the Clearwater Airpark with $17,729.97 per month rent and $.10 per gallon of fuel purchased for resale; the rent to increase by the CPI each year on January 1 and authorize the appropriate officials to execute same. (consent) @ Attachments 6. Parks and Recreation 6.1 Award a contract to Purvis Curbs of Largo, Florida and Grosz & Stamper Corporation of Tampa, Florida (Bid #35-07) for $200,000 each (for a total of $400,000) for materials and labor to install various concrete projects throughout the year and authorize the appropriate officials to execute same. (consent) ~ Attachments 6.2 Approve establishing a new Capital Improvements Project (CIP 315-93265) entitled Clearwater Beach Library/Recreation Center Renovations, for a total budget of $490,000 and approve the transfer of $390,000 of unappropriated retained earnings of the general fund at third quarter. (consent) ~ Attachments 6.3 Approve a new Capital Improvement Project (CIP 315-93257) entitled Joe DiMaggio Sports Complex Field House Demolition/Renovation; approve the transfer of $150,000 of unappropriated retained earnings of the general fund and $146,000 of operating savings in the Parks and Recreation operating budget at third quarter for a total budget of $296,000; approve a contract (07-0003-PR) to Sonny G1asbrenner of Clearwater, Florida for the demolition of the field house for the sum of $169,345 and approve a change order deduct in the amount of $41,140 for a net contract amount of $128,205 and authorize the appropriate officials to execute same. (consent) ~ Attachments 6.4 Approve establishing a new Capital Improvements Project (CIP 315-93283) entitled Countryside Recreation Center Basketball Court Refurbishment, and approve the transfer of $70,000 of operating funds from the Parks and Recreation Department budget at third quarter. (consent) ~ Attachments 7. Police 7.1 Approve acceptance of a FY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $103,971 from the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA)(consent) ~ Attachments 8. Engineering 8.1 Approve a work order to McKim & Creed to provide engineering design and permitting services for the Turner Street Box Culvert for the sum of $296,897.00 and authorize the appropriate officials to execute same. (consent) ~ Attachments 8.2 Adopt a City Council policy regarding Roadside Memorials. ~ Attachments 8.3 Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A. (EOR), to provide professional engineering services for the design, permitting and bidding for Sky crest Reclaimed Water Project (07-0013-UT), and that the appropriate officials be authorized to execute the same. (consent) ~ Attachments 9. Planning 9.1 Establish written procedures to provide for and encourage public participation in the planning process, including consideration of amendments to the Comprehensive Plan and Evaluation and Appraisal Reports and Pass Resolution 07 -14. ~ Attachments 9.2 Approve an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC) and the City of Clearwater (previously DV A2004-00005 approved by City Council on January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade)and adopt Resolution 07-17. (DV A2007-0002) ~ Attachments 10. Official Records and Legislative Services 10.1 Appoint Sioux Hart to the Resident category and Phyllis Franklin to the Business Owner or Representative category on the Brownfields Advisory Board, with the terms expiring on September 30, 2011. (consent) ~ Attachments 10.2 Confirm the Mayor's reappoint of Terry Byrd to the Clearwater Housing Authority with the term expiring on September 30, 2011. (consent) ~ Attachments 10.3 Reappoint Pat Harney to the Community Relations Board with the term expiring on September 30, 2011. (consent) ~ Attachments 10.4 Reappoint Bob Fernandez to the Resident residing within the area category and Isay Gulley to the Non- profit community based organization operating within the area category with the terms expiring on September 30, 2011; appoint Kevin Gartland to the Local Chamber of Commerce category with the term expiring on September 30, 2011. (consent) ~ Attachments 11. Legal 11.1 Adopt Ordinance No. 7800-07 on second reading, relating to wellhead protection, amending Chapter 24, Public Health, Article III, Wellhead Protection, adding new section 24.64, Permit Requirements, and renumbering sections. ~ Attachments 11.2 Adopt Ordinance No. 7846-07 on second reading, annexing certain real property whose post office address is 2767 Morningside Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. ~ Attachments 11.3 Adopt Ordinance No. 7847-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2767 Morningside Drive, upon annexation into the City of Clearwater, as Residential Low. ~ Attachments 11.4 Adopt Ordinance No. 7848-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2767 Morningside Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). ~ Attachments 11.5 Adopt Ordinance No. 7849-07 on second reading, annexing certain real property whose post office address is 2186 Drew Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 11.6 Adopt Ordinance No. 7850-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2186 Drew Street, upon annexation into the City of Clearwater, as Residential Urban. ~ Attachments 11.7 Adopt Ordinance No. 7851-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2186 Drew Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). I@l Attachments 11.8 Authorize instituting a civil action against Riley Electric Company d/b/a Digger One, to recover $565.62 for damage to City property and the appropriate officials be authorized to execute same. (consent) ~ Attachments 12. City Manager Verbal Reports 12.1 Clearwater Beach Clean-up - Kevin Dunbar ~ Attachments 13. Council Discussion Items 13.1 Provide direction re scheduling items for Council discussion I@l Attachments 14. Other Council Action 14.1 Other Council Action ~ Attachments 15. Adjourn 16. Presentationes) for Council Meeting 16.1 FRDAP checks to be presented by Rep. Ed Hooper ~ Attachments 16.2 Introduction and Recognition of 4 Clearwater High School Students - Nagano Exchange Program. ~ Attachments 16.3 Proclamation: Carefest Week - Daniel Bernard I@l Attachments 16.4 Proclamation: Water Reuse Week - Tracy Mercer, Public Utilites Director; Glenn Daniel, Water Superintendent; Jerry Wells, Public Utilities Coordinator - Reclaimed Water. ~ Attachments 16.5 Proclamation: National Suicide Prevention Week - Bonnie McClelland I@l Attachments 16.6 Proclamation: National Suicide Prevention Week ~ Attachments 16.7 Proclamation: Sickle Cell Awareness Month - Johnnie Battle @ Attachments 16.8 Proclamation: United Way Month @ Attachments 16.9 Proclamation: Yellow Ribbon Suicide Awareness and Prevention Week - Bonnie McClelland @ Attachments Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2007/08 through 2009110. SUMMARY: On March 6, 1997, the City Council adopted Ordinance #6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement buget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. The current listing includes the Penny for Pinellas projects as approved by the City Council last September and the new list for Recommended Project Funding as included in the FY 2007/08 capital improvement plan through the final year of Penny receipts in fiscal year 2009/10. There are no significant changes proposed. The projects remaining for the last three years of the current Penny for Pinellas tax include: Druid Road Improvements - $1,250,000, Morningside Recreation Center - $2,600,000, Recreation Trails - $760,000 and Long Center Infrastructure Improvements - $1,050,000. 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Item # 1 Attachment number 2 Page 1 of 1 Proposed Changes to Penny for Pinellas Project List For Planned Projects in Fiscal Years 2007/08 through 2009/10 As of October 1, 2007 Gross Project Budget Under Current Proposed New Plan Plan Approved Proposed Recommended 10/1/06 Amendment 10/1/07 Druid Road Improvements Morningside Recreation Center Replacement Recreation Trails Long Center Infrastructure Improvements 1,250,000 2,600,000 760,000 1,050,000 1,250,000 2,600,000 760,000 1,050,000 Recommended Projects for FY 2007/08 through 2009/10 5,660,000 5,660,000 Item # 1 Attachment number 3 Page 1 of 1 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 6, 2007 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2007/08 through 2009/10 totaling $5,660,000 to fund capital projects under the remaining three-year Penny for Pinellas Plan. No significant changes to the plan are proposed. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLA TIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO P ARTICIP A TE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLA TIVE SERVICES DEP ARTMENT WITH THEIR REQUEST AT (727) 562-4090. Item # 1 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Set a final millage rate of 4.6777 mills for fiscal year 2007/08 levied against no-exempt real personal property within the City and pass ordinance 7865-07 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes which defines the requirements for "Determination of Millage" and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 4.6777 mills on July 19,2007, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 4.6777 mills represents a 10.2% decrease from the 2006/07 millage rate of 5.2088 mills, and a 7.0% millage decrease from the rolled back rate of 5.0298 mills. The millage rate of 4.6777 mills represents the "maximum" rate established by HB IB, the Property Tax Reduction and Reform Law, adopted by the State Legislature and signed into law earlier this summer, which amended the method of establishing the millage rate for local governments. The proposed budget and millage rate were discussed at several City Council meetings and workshops earlier this summer. In addition, a public meeting to receive citizen input was held on August 13,2007. Ordinance 7865-07 is now presented in order to adopt the millage rate of 4.6777 mills to support the operating and capital budgets for fiscal year 2007/08. Review Approval: I) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 1 MILLAGE ORDINANCE ORDINANCE NO. 7865-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 4.6777 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 4.6777 MILLS CONSTITUTES A 7.0% DECREASE FROM THE ROLLED BACK RATE OF 5.0298 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1,2007, and ending September 30,2008, from ad valorem taxes is $50,094,660; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 4.6777 mills are necessary to generate $50,094,660; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 4.6777 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2007. Section 2. The levy of 4.6777 mills constitutes a 7.0% decrease from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2007. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ord inanceltffi,,7j62-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2007/08 fiscal year and pass ordinance 7866-07 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2007/08 millage rate and Capital Improvement Budget are an integral part of fulfilling these requirements. On June 29, 2007 the City Manager presented to the City Council a detailed preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2007/08 fiscal year. The budget was discussed at several City Council meetings earlier this summer and the City Council made changes to the proposed budget at the July 19th and July 25th meetings. Ordinance 7866-07 is now presented in order to adopt the operating budget for fiscal year 2007/08 and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Type: Current Year Budget?: Other No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: I) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 OPERATING BUDGET ORDINANCE ORDINANCE NO. 7866-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2007, and ending September 30,2008; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 6,2007, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2007, and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Ordinance No.Itm66!513 Attachment number 1 Page 2 of 2 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2007. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No.Itm66!513 Attachment number 2 Page 1 of 2 EXHIBIT A CITY OF CLEARWATER 2007-08 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2005/06 2006/07 2007/08 GENERAL FUND: Property Taxes 45,191,320 50,277,930 47,273,940 Franchise Fees 9,434,717 9,050,840 9,833,640 Utility Taxes 11,263,964 11,514,320 11,928,390 Licenses, Permits & Fees 5,292,886 4,046,110 4,492,580 Sales Tax 6,450,358 6,748,430 6,564,320 Communications Services Tax 6,853,764 6,549,460 7,045,750 Intergovernmental 11,206,957 11,374,130 11,809,270 Charges for Services 12,741,017 3,784,020 3,763,800 Fines & Forfeitures 1,000,420 836,000 955,000 Interest Income 1 ,281 ,453 719,000 1,263,950 Miscellaneous 1,163,373 1,208,880 1,053,710 Interfund ChargeslTransfers In 6,539,987 15,793,580 17,193,280 TOTAL GENERAL FUND 118,420,216 121,902,700 123,177 ,630 SPECIAL REVENUE FUNDS: Special Development Fund 18,986,744 15,922,920 18,166,980 Special Program Fund 9,050,665 2,172,830 2,132,910 Local Housing Assistance Trust Fund 1,072,935 1 ,241 ,270 1,195,250 ENTERPRISE FUNDS: Water & Sewer Fund 54,302,337 54,340,550 59,930,170 Stormwater Utility Fund 11,588,673 12,551,970 14,436,690 Solid Waste Fund 17,515,874 18,4 75,210 18,153,900 Gas Fund 43,772,050 50,206,760 50,656,650 Recycling Fund 2,942,646 2,685,700 2,834,930 Marine & Aviation Fund 6,714,965 3,945,720 4,823,730 Parking Fund 5,533,187 4,891,660 4,102,130 Harborview Center Fund 680,067 706,040 704,360 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,870,092 9,703,270 10,200,730 General Services Fund 4,108,990 4,202,510 5,236,710 Garage Fund 12,649,076 12,339,640 13,293,770 Central Insurance Fund 19,269,532 22,388,660 21,306,060 TOTAL ALL FUNDS 335,478,049 337,677,410 350,352,600 Ordinartt~rIt'I7r,6~-07 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) CITY OF CLEARWATER 2007-08 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2005/06 2006/07 2007/08 GENERAL FUND: City Council 271,424 288,860 295,920 City Manager's Office 1,157,423 1,269,520 1,268,700 City Attorney's Office 1,484,905 1,616,370 1,676,820 City Audit 147,552 156,500 162,870 Development & Neighborhood Services 3,909,941 4,136,700 4,295,940 Economic Development & Housing 1,298,609 1 ,457,130 1,436,710 Engineering 6,720,589 6,810,110 7,028,070 Equity Services 319,048 343,110 338,200 Finance 2,061,761 2,200,540 2,265,190 Fire 20,286,265 22,734,580 21,423,410 Human Resources 1,241,987 1,333,630 1,231,480 Library 6,052,314 6,611,820 6,433,700 Marine & Aviation 513,753 731,890 1,221,490 Non-Departmental 5,686,472 6,506,570 6,394,690 Office of Management & Budget 304,649 333,310 305,160 Official Records & Legislative Services 1 ,111 ,448 1,359,070 1,255,700 Parks & Recreation 20,441,796 22,273,410 21,888,050 Planning 1,256,677 1,445,380 1,414,750 Police 33,103,685 35,630,590 36,970,730 Public Communications 913,730 1,055,510 1,098,590 Public Services 3,473,044 3,608,100 3,684,770 Allocation to Reserves 1,086,690 TOTAL GENERAL FUND 111,757,072 121,902,700 123,177 ,630 SPECIAL REVENUE FUNDS: Special Development Fund 17,935,844 15,206,700 15,933,750 Special Program Fund 6,101,316 2,022,830 1,832,910 Local Housing Assistance Trust Fund 279,644 1 ,241 ,270 1,195,250 ENTERPRISE FUNDS: Water & Sewer Fund 54,4 78,498 53,874,170 59,930,170 Stormwater Utility Fund 8,225,169 12,124,450 14,436,690 Solid Waste Fund 17,031,533 18,4 75,210 18,068,320 Gas Fund 36,736,797 48,613,190 45,896,470 Recycling Fund 2,522,441 2,677,450 2,834,930 Marine & Aviation Fund 4,742,164 3,708,200 4,774,180 Parking Fund 4,329,617 4,113,090 3,804,260 Harborview Center Fund 626,737 706,040 704,360 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,113,553 9,703,270 10,197,640 General Services Fund 4,254,067 4,202,510 5,235,590 Garage Fund 11,796,924 12,305,160 13,293,770 Central Insurance Fund 19,246,893 22,388,660 19,986,040 TOTAL ALL FUNDS 308,178,269 333,264,900 341,301,960 Ordinartt~rIt'I7r,6~-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt the Fiscal Year 2007/08 Capital Improvement Budget and establish a six -year plan for the Capital Improvement Program (CIP) and pass Ordinance 7867-07 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2007/08 millage rate and Operating Budget are an integral part of fulfilling these requirements. On June 29, 2007 the City Manager presented to the City Council a detailed preliminary Annual Capital Improvement Budget that outlines estimated revenues and proposed expenditures for the 2007/08 fiscal year, as well as a six year plan for the Capital Improvement Plan. The budget was discussed at several City Council meetings earlier this summer and the City Council made changes to the proposed budget at the July 19th and July 25th meetings. Ordinance #7867 -07 is now presented in order to adopt the capital improvement budget for the fiscal year 2007 -08 and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: I) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 2 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO 7867-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1,2007, and ending September 30,2008; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 6,2007; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008, a Ordinance NO.ll~i"'4 Attachment number 1 Page 2 of 2 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2007. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance NO.ll~i"'4 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 GENERAL SOURCES: General Operating Revenue General Revenue/County Coop Road Millage Penny for Pinellas Transportation Impact Fee Local Option Gas Tax Recreation Land Impact Fee Open Space Impact Fee Special Program Fund Grants - Other Agencies SELF SUPPORTING FUNDS: Marine/Aviation Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Sewer Impact Fees Utility R & R Stormwater Utility Revenue Gas Revenue INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Lease Purchase-Special Events Revenue BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Solid Waste Lease Purchase - Recycling Bond Issue - Water & Sewer Bond Issue - Stormwater BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services TOTAL ALL FUNDING SOURCES: Budgeted Revenues 2007/08 2,072,330 706,290 2,820,720 3,350,000 290,000 1,100,000 750,000 750,000 30,000 4,700,000 50,000 303,000 118,910 1,978,500 15,800 250,000 1,044,600 2,706,060 2,609,570 5,945,000 179,000 500,000 383,000 34,000 73,780 160,000 140,000 17,303,000 2,907,730 2,758,500 339,000 $56,368,790 Attachment number 2 Page 1 of 2 Item # 4 Ordinance #7867-07 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 Attachment number 2 Page 2 of 2 Function 2007/08 Police Protection Fire Protection New Street Construction Major Street Maintenance Intersections Parking Misc Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 250,000 451,000 3,775,720 435,000 300,000 35,000 10,155,410 160,000 10,000 706,290 2,840,500 998,000 909,000 5,511,300 6,168,830 160,000 44,000 12,347,280 10,971,460 140,000 56,368,790 Item # 4 Ordinance #7867-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Interlocal Agreement with Pinellas County to extend the Infrastructure Sales Surtax (Penny for Pinellas )for ten years effective February 1,2010 through January 31, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: The attached is the formal agreement between the City of Clearwater and Pinellas County to reflect the time frame and distribution percentages for the Infrastructure Sales Tax Renewal. The City Council reviewed the distribution percentages and approved the Penny for Pinellas list of City projects on July 20, 2006, and amended on October 19,2006. This final approved list has been provided to Pinellas County. The revenue distribution percentages have not changed since reviewed with the Council last year prior to voter approval. The extension of the Infrastructure Sales Surtax for the additional ten year period was approved by the registered voters of Pinellas County on March 13, 2007. Jail and criminal justice related facilities were given a priority for funding and will receive $225 million over the ten year period as outlined in the agreement. Clearwatear will receive 7.9761 % of the net proceeds remaining after those funds are deducted. 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Item # 5 . . . . ... . - I..., , ..... , , .:..~ . 1 __ . ~"--I I.... .: AttaChment number Page 9 of 29 . ,~ IliYir . .. . . . ... Item # 5 - .11 .. . -- ~y OF CLilt.fiWVA TaR C~erk .,: ~t;tanager _UI ITlf.!I!1 lL_: Ir: .(---..... ..fti>ilEiilIiB 10 FCiIiiIII: ..: ----...... . . '. . . . ... . Item # 5 . . "I .:~ -- . . -= ~I'Y ~ !lJI'aOTN .Ii~ .: . .yor 8 . AIlacliment number 1 Page 11 of 29 . . Item # 5 . . . .- ~ - . Afrli. - ...:~ -. --r . . . - -. . . CITY OF GlIIILFPORT .:~~-~-,~-.. ~.. . ..,,~ ---rt'I'ayor .. . . -I . . . . . . . .- ~ . Item # 5 A TTIiiT: CI'V OF IIIIDIAN ROCKi BIiIlCIII 'I: -.... !ly: ~~ . 1 -- - -'i~ . . . . '. . . . ... . Item # 5 . .-- A TiIii: .. . 1 -- cfPy ~rk . . TO'ltlN OF IIIIOIAIII iHORES .c~ 'W: . Mayor . - ----- .. . . . .- ~ Item # 5 . -- . . ........: .: . . . ~.- CI'y OF II(E III rETH ~ITY ~:~ "----.:JYllr - - . .c~ . 'I .. . . . . ... Item # 5 . . . - ..:~ . . . . . . . . ... . Item # 5 IIIIIiT ill: .:_~ .. -- . . CITY OF M.DEIRA BEACH -'i. . 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Penny for PineUas Extension Approved City Cm.mdl ProJects 2010-2020 -- -:;:-:::~ Police Homicide Vehicle Clearwater Beach Fire Station Renovation/Reconstruction Lakeview Fire Station Renovation/Reconstruction Countryside Fire Station Renovation/Reconstruction Downtown Streetscaping Highland A ve Widening - Union St to Sunset Point Rd Bayshore Blvd Realignment North of Drew St Downtown Parking Coachman Park Redevelopment Youth Sports Fields Renovations & Improvements Neighborhood Parks Renovations & Improvements Recreation Trails COlmtryside Family Aquatics Center Development Municipal Beach Parking Garage City-wide Seawall Replacement Countryside Branch Library E:~q)ansion & Renovation East Branch Library Expansion & Renovation Library Technology New City Hall & Parking Garage City-wide Wireless Mesh Senior Facility Ruth Eckerd Hall Traffic Calming New Sidewalk Construction TOTAL 150,000 4,147,910 4,755,560 4,648,460 12,500,000 2,500,000 2,500,000 6,250,000 5,000,000 7,000,000 5,000,000 3,000,000 2,500,000 12,500,000 1,250,000 6,250,000 6,250,000 1,250,000 25,000,000 3,125,000 3,500,000 4,000,000 5,000,000 2,833,250 130,910,180 Attachment number 2 Page 1 of 1 Item # 5 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an amendment to the Interlocal Agreement with Pinellas County for the six (6) cent Local Option Fuel Tax extending the date of the levy to end on December 31, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 6, 2005, the City Council approved the current interlocal agreement with Pinellas County to extend the Local Option Fuel Tax for an additional ten (10) years for the period of September 1,2007 through August 31, 2017. This first amendment to the Local Option Fuel Tax interlocal agreement is presented because the Florida Department of Revenue has requested Pinellas County and related municipalities extend the date of the levy to end on December 31, 2017, such that the termination date of the agreement is consistent with the date of the levy. No other changes to the original agreement are proposed. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT made and entered into as of the day of , 2007, by and between PineIlas County, a political subdivision of the State of Florida (the "County") and the municipalities that are" parties hereto within PineIlas County representing a majority of the popUlation 'Of the incorporated area of Pinellas County, as listed,oon the signature pages hereto (the 1'_1 "Municipali ties"). WIT N E SSE T H: WHEREAS, this First Amendment to Interlocal is authorized by Section 336.025, Florida Statutes, and other applicable law; and WHEREAS, pursuant to Pinellas County Ordinance 05-96, the Board of County Commissioners extended the six cent local option fuel tax as authorized by Section 336.025(1)(a), Florida Statutes, ("Local Option Fuel Tax") for a period of ten (10) years commencing on September 1, 2007 and ending on August 31, 2017; and WHEREAS, the Florida Department of Revenue has requested that Pinellas County amend the ordinance so that the levy ends on December 31, 2017; and WHEREAS, the County and Municipalities entered into an Interlocal Agreement dated December 21, 2005 ("Interlocal") providing for the distribution of the First Local Option Fuel Tax levied pursuant to g,336.025(1)(a), Florida Statutes, and the parties hereto desire to amend the Interlocal so that the termination date is consistent with the date of the levy. Item # 6 Attachment number 1 Page 2 of 2 NOW, THEREFORE, in consideration oftlle premises and of the mutual benefit, and in consideration of the covenants and agreements set fmih herein, the County and the Municipalities agree as follows: 1. The effective date of the Interlocal is hereby amended to provide that the telm shall expire on December 31, 2017. 2. Except as amended herein, all other terms, conditions and provisions of the Interlocal shall remain in full force and effect. ' . . " '. , " IN" WITNESS WHEREOF, the parties hereto have caused this First Amendment to Interlocal Agreement to be executed as of the day and year first written above. ATTEST: KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA, by and Through its Board of County Commissioners By: Deputy Clerk By: Chairman [SEAL] APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY y Attorney H:\USERS\ATYKB03\WPDOCS\DRL\2006\Agreements\FIRST AMENDMENT TO INTERLOCAL RE FUEL TAX,doc <ADDITIONAL SIGNATURE PAGES TO FOLLOW> Item # 6 Attachment number 2 Page 1 of 1 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Item # 6 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a five-year (5) Management Agreement between the City and the Clearwater Regional Chamber of Commerce (CRCC) for the Clearwater Beach Visitor Information Center (VIC) for the period of October 1,2007 through September 30, 2012 at a cost not to exceed $235,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The VIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just west of the Clearwater Beach Municipal Marina. Over the past 5 years, an estimated 235,000 visitors have been served at the VIC and more than 70,000 are expected this year. The center is a 15' x 20' air-conditioned concrete block structure of tropical seascape design compatible with existing beach buildings. The Economic Development and Housing Department is the "owner" of the building. The VIC building will be provided to the operator rent-free and shall be open to serve the public seven days a week excluding specific holidays. The city's Building and Maintenance Division will maintain the structural integrity of the building. The CRCC was the sole respondent to RFPQ #34-07 issued on July 2, 2007. The Selection Committee met on August 1,2007 and reviewed the proposal received. The Committee recommended moving forward with this response given their prior experience. The CRCC will provide visitor information services that meet and exceed the expectations of our visitors. The VIC will act as a concierge service, providing general information to visitors to ensure an enjoyable visit. Information provided will include, but not be limited to, accommodation referrals, restaurant and attraction information, transportation services, directions and maps, parks and recreation information, water temperatures, weather forecasts, entertainment venues, events in Coachman Park and elsewhere, sporting events, location of human services such as hospitals and pharmacies, City services such as the library, marina, Sailing Center, etc. VIC staff will distribute Visitor Guides. The center will house rack cards and display space for advertisers. The focus is to promote the center's advertisers, Clearwater businesses and events of interest in Clearwater first and foremost, then events in and around Pinellas County and Tampa Bay. It is the goal of the City to provide a Beach VIC that is self-sustaining. Therefore, the CRCC will be allowed to sell advertisements and immediate visitor needs, i.e. maps, event tickets, etc. From these profits, the CRCC shall reimburse the City from the subsidy provided. The CRCC shall furnish the City with quarterly reports of activities. Each report is to identify the visitor traffic numbers, computer usage on the part of the visitors and telephone calls taken. The report will also include a list of current advertisers, visitor service trends, visitor requests and concerns, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the VIe. As part of the quarterly reporting requirement, the Agency will provide a financial summary that details merchandising, advertising sales, and other activities in separate categories. The City's Finance Department will review the financial statements on a quarterly basis. The City may request additional reports if desired to monitor annual objectives and performance. The VIC will maintain a Guest Book/Comment Cards to gather visitor profiles. The center will provide a computer for visitors to check e-mails and other internet usage. The VIC will address visitor complaints and act as a liaison to local businesses. Staff will research what can be done to remedy a situation so as to ensure the visitor is happy and will return. The Chamber has operated the center for the past five years, continuing to do so provides continuity of tourism services already established with the City, the community and Clearwater's visitors. As the CRCC operates the State Road 60 Welcome Center, the VIC has a built-in support system if needed, whether it be knowledgeable staff willing to physically assist in the center and/or another source of information relevant to visitors. The CRCC has strong relationships with the City, other Chambers of Commerce, the St. Petersburg/Clearwater Area CVB, the Tampa CVB, other local welcome centers, and area businesses both involved with and not involved with the VIe. Those relationships enable the CRCC to meet and exceed the needs and expectations of our visitors. Through CRCC's operation of the VIC, they have increased return visitation by providing quality service and information, they have influenced the length of a visitor's stay, either during a current trip or in the future, and they have increased tax revenue through the above, all of which provides economic return to the City of Clearwater. Cover Memo Item # 7 Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 45,000 235,000 2007 to 2008 Annual Operating Cost: Total Cost: 45,000 Appropriation Code 010-09216-530300- 552-000 Amount 45,000 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 10 MANAGEMENT AGREEMENT This Agreement is made and entered into this _ day of , 2007, between the City of Clearwater, hereinafter referred to as the City, P.O. Box 4748, Clearwater, Florida 33758-4748, and Clearwater Regional Chamber of Commerce, Inc., 1130 Cleveland Street, Clearwater, Florida 33755, hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services at the Visitor Information Center ("VIC") adjacent to the Pier 60 Playground on Clearwater Beach; and WHEREAS, the Agency has established programs that provide information services for Clearwater Beach; and NOW, THEREFORE, the parties agree as follows: 1. Terms and Consideration. a) The term of this Agreement shall be for a period of five (5) years ("Initial Term") commencing on October 1 S\ 2007 ("Commencement Date") and continuing through September 30th, 2012 ("Termination Date") unless earlier terminated under the terms of this agreement. This Agreement may be extended for a maximum of three (3) additional one-year periods, under the same terms and conditions by the mutual written agreement of both parties. In consideration of City entering into this Agreement with Agency, Agency covenants with City that Agency shall unequivocably, timely and without reservation, comply with the terms and conditions and meet service level requirements as set out in EXHIBIT "A". Agency's failure to timely comply with any of the obligations hereunder during the term of this Agreement shall be deemed a material default resulting in termination of this Agreement. b) It is expressly agreed between the parties that this Agreement shall not be assignable to any other person, firm or corporation without the express written consent of the City, which consent may be granted or denied in the sole discretion of the City. c) No permanent structure shall be removed from the premises or materially altered except with written consent of the City and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this agreement. d) The City reserves at all times during the term of this Agreement or any extension or renewal thereof the continuing right to utilize any portion of the premises for laying and maintaining utility lines or facilities, including Page 1 q1t~re # 7 Attachment number 1 Page 2 of 10 roads, or other necessary rights of way, provided, however, the City shall use its best efforts to adopt such route or routes as will be reasonable and economically feasible to minimize interference with the purposes of this Agreement. 2. Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit A. In addition, operational requirements are detailed in Exhibit A. 3. Area to be Served: Services rendered through this agreement shall be provided within the limits of the City of Clearwater and shall begin on October 1, 2007. 4. Use of Clearwater Beach Visitor's Information Center: a) No Illegal Use. The Agency promises and agrees that they will make no unlawful, improper or offensive use of the 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. b) Property Use. It is understood between the parties that the real property, which is the subject of this agreement, will not be used in any manner other than as a Visitor Information Center. c) Rules for Use. Equal opportunity for Chamber members and non- Chamber members will be followed for promotional opportunities and no unfair or dubious transactions shall take place. In addition, the Agency will not compete with other local businesses, other than as to the services to be provided hereunder. Items for sale shall include items for visitors' immediate needs, such as attraction tickets, and maps. Any additional items for sale will need to be approved by the City of Clearwater. d) Inspection by City. The Agency understands and agrees that the premises may be entered and inspected at any time by the City's officers, agents and employees. e) General Adherence to City Ordinances and Other Law. The Agency promises to observe all City rules and ordinances. The Agency will comply with the requirements of the American With Disabilities Act and all other applicable law. 5. Maintenance of the Premises by the Agency. a) Maintenance. The Agency shall maintain the premises in a neat and clean condition, consistent with the condition, as it exists on the effective Page 2 q1t~re # 7 Attachment number 1 Page 3 of 10 date of this agreement. The Agency will maintain the VIC building in good, clean condition, free of debris. Capital and other major maintenance to preserve the structural integrity of the building and building systems such as lights, electrical circuits and air conditioning is the responsibility of the City. 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 willful damage to the premises. 6. Payment of Fees and Taxes. The Agency shall obtain all required permits and licenses at its own expense. The Agency is a tax-exempt organization. Should the property or activities conducted on the property become subject to taxes, the Agency shall be responsible therefore. 7. Scheduled Reports of Agency Activities: The Agency shall furnish the City Manager and Economic Development and Housing Department with quarterly reports of activities conducted under the provisions of this agreement. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the VIC. As part of the quarterly reporting requirement, the Agency will provide a financial summary that details merchandising, advertising sales, and other revenue and expenditure activities in separate categories. The City's Finance Department will review the financial statements on a quarterly basis. The City may request additional reports if desired to monitor annual objectives set by the Agency. 8. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the costs and services as further described in Exhibit A. Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City within forty-five (45) days of demand. 9. Creation, Use, Maintenance, and Accounting of Financial Records: a) Creation of Records: The 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. A quarterly activities financial statement will be required as part of the reporting requirements (Section 7 above). b) Use of Records: The Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. Page 3 q1t~re # 7 Attachment number 1 Page 4 of 10 c) Maintenance of Records: All records created hereby are to be retained and maintained for five (5) years following the termination of this agreement or as otherwise required by law. d) Accounting: The Clearwater Regional Chamber of Commerce will maintain separate and segregated accounting records for all Beach Visitors Information Center transactions. These accounting records will be available for inspection by authorized City staff as specified in section 9(a) above. 10. Nondiscrimination: The Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 11. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks, and hereby indemnifies the City for any and all liabilities arising in the course of providing the services under this agreement. The Agency agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 12. Insurance The Agency shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: a) Workers' Compensation and Employers' Liability - the Agency shall procure and maintain for the life of this agreement, Workers' Compensation Insurance covering all Agency employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. b) Comprehensive General Liability Insurance - the Agency shall procure and maintain General Liability Insurance. This coverage shall be on an "occurrence" basis and shall include: Premises and Operations; Independent Contractors; Products and Complete Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability policies of the Insurance Services Offices. The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Death, Bodily Injury, Liability and Property Damage Liability. c) Business Automobile Liability - the Agency shall procure and maintain Business Automobile Liability Insurance on any automobile owned, leased, or operated by, or on behalf of, the Agency. The minimum limits Page 4 q1t~re # 7 Attachment number 1 Page 5 of 10 of coverage shall be $500,000 per Occurrence Combined Single Limit for Death, Bodily Injury Liability, and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office. d) Other Requirements: (1) The City shall be named as an additional insured in all liability insurance policies required under this agreement. (2) Copies of insurance certificates for all insurance required by the agreement shall be furnished to the City Clerk prior to use of the property, and copies of all insurance policies covering insurance required by this agreement shall be furnished to the City Clerk upon specific request of the City. (3) Insurance policies purchased and issued to the Agency as required by this agreement shall not be suspended, voided, canceled, or modified, except after thirty (30) days prior written notice provided to the City Clerk. (4) All insurance policies shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the City. 13. Grant of Funds. The City shall allocate the annual amount estimated in Exhibit B, but shall not exceed $50,000 dollars annually. The City may withhold funds if services are not provided as described in this agreement, and all allocations are subject to the City's annual budget approval process 14. Payments: The funding shall be paid to the Agency on a quarterly basis at the beginning of each quarter. The Agency will then reimburse the City at the end of each quarter out of its net profits up to the City's contribution amount. 15. Computers and Other Equipment: The City has provided the current computer equipment at the Beach VIC. The Agency is responsible for the upkeep and maintenance of this equipment. The Agency will be responsible for the replacement of computers in the future. The Agency is responsible for providing all other operating equipment including printers, phones, fax machines, etc. The Agency is also responsible for the upkeep of phone and internet connections in the building. The furnishings in the Beach VIC are City property. 16. Parking: One space within the Marina parking lot will be reserved for staff parking. All other employees will receive parking permits within the Marina lot Page 5 q1t~re # 7 Attachment number 1 Page 6 of 10 that must be renewed once a year, or as otherwise applicable under the City Code of Ordinances. 17. Utilities: The City will pay the utilities for the building. 18. Disclaimer of Warranties: This Agreement constitutes the entire Agreement of 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. 19. TERMINATION a) For Cause: Material failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated for cause with 10 days prior written notice without any further obligation by either party. The agency shall have an additional 5 days to remedy any material failure as determined by the City. b) Notice Without Cause: Either party may terminate this agreement by giving the other party 30 days written notice. c) Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City within forty-five (45) days of demand. d) Bankruptcy: Should the Agency hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to fulfill the covenants of this Agreement, the City may at its option, terminate the Agreement, as though for breach of any other covenant. e) Insufficient Funds: In case the City has insufficient funds to run the Beach VIC, and accordingly terminates this Agreement, the Agency shall be released of all obligations hereunder, however, any liabilities accrued before the termination date shall survive termination. 20. MISCELLANEOUS It is agreed that time is of the essence of this Agreement. The failure of any party to exercise any right or power given hereunder, or to insist upon strict compliance by the other party with its obligations as set forth herein, shall not constitute a waiver by such party of its rights to demand strict compliance with the terms and provisions of this Agreement. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective Page 6 q1t~re # 7 Attachment number 1 Page 7 of 10 successors and assigns. This Agreement shall be governed by the laws of the State of Florida. 21. 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. a) If to City, addressed to City Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida, 33758-4748. b) If to Agency, addressed to President, Clearwater Regional Chamber of Commerce, 1130 Cleveland Street, Clearwater, Florida, 33755. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement the day and year first above written. Clearwater Regional Chamber of Commerce, Inc. City of Clearwater, Florida By: Print Name: President By: William B. Horne, II City Manager COUNTERSIGNED: By: Print Name: Secretary By: Frank V. Hibbard Mayor ATTEST: By: Cynthia E. Goudeau City Clerk Approved as to form: By: Laura Lipowski Assistant City Attorney Page 7 q1t~re # 7 Attachment number 1 Page 8 of 10 EXHIBIT A The Agency shall run an efficient and effective Visitor Information Center and will seek to become self-supporting. . Services To Be Offered: . Provide exceptional visitor services that meet and exceed the expectations of our visitors. The focus is to promote the center's advertisers, Clearwater businesses and events of interest in Clearwater first and foremost, then events in and around Pinellas County and Tampa Bay. . The VIC will act as a concierge service, providing general information to visitors as requested to ensure an enjoyable visit. Information provided would continue to include, but not be limited to; accommodation referrals, restaurant and attraction information, transportation services, directions and maps, parks and recreation information, water temperatures, weather forecasts, entertainment venues, events in Coachman Park and elsewhere, sporting events, location of human services such as hospitals and pharmacies, City services such as the library, marina, Sailing Center, etc. VIC staff will provide visitor guides to visitors who are interested in returning in the future. The center will house rack cards and display space for advertisers. . Maintain a Guest Book wherein visitors are asked to provide such information as the visitor's origin (state/country), if it is a first visit, if they flew or drove, related Orlando information, whether visitor stopped at the 60 Center and the length of stay, where are they staying and if they already have reservations. The center will provide a computer for visitors to check e-mails and other internet usage. . Make comment cards available for the visitors to provide the City with information on the overall stay, things they liked and disliked and additional services the City might provide. The staff will address visitor complaints and acts as a liaison to local businesses. Staff will research what can be done to remedy a situation so as to ensure the visitor is happy and will return. . Coordinate with the City of Clearwater Parks and Recreation Department regarding upcoming events. . The Agency shall subscribe to Language Line, a service providing telephone access to interpreters who interpret from English into as many as 140 languages, 7 days a week, 24 hours a day. . The Agency shall follow and cooperate as to all of the City's public and private partnerships. Page 8 q1t~re # 7 Attachment number 1 Page 9 of 10 . Hours of Operation: The VIC will be open 361 days a year/7 days a week. The VIC will be closed for New Year's Day, Easter Sunday, Thanksgiving and Christmas Day. The VIC will open daily at 10:00am, but closing hours will depend upon the time of the year and day of the week. The VIC will be open until 7pm February 1 st through the Monday of Labor Day weekend. The VIC will be open until 9pm on Fridays and Saturdays from the Friday of Memorial Day weekend through the Saturday of Labor Day weekend. The VIC will be open until 6pm from Tuesday after Labor Day through January 31 st. The VIC will adjust the hours of operation beyond the normal hours of operation at the request of the City to meet and exceed the needs of visitors. . Staffing: Payroll, scheduling, and maintaining employees will become the responsibility of the Agency. The Agency shall employ a full time Beach VIC Manager and appropriate part-time staff. All persons who work at the center will have proper licenses, permits, and qualifications to perform their duties. . Advertising: The Agency will not promote businesses outside of Clearwater and its unincorporated enclaves that are in direct competition with businesses in Clearwater. However, unique attractions outside of the City may be promoted, such as Disney World, Busch Gardens, Sea World, museums, historical tours, etc. The City will have the right to monitor and remove advertisements that it deems, within its reasonable discretion harms local businesses. The City will review this policy on an annual basis to determine if it is still applicable. Any advertising questions should be directed to the Economic Development and Housing Department for approval. . Emergency Plan: The Agency, in conjunction with the Economic Development and Housing Department, will develop an Emergency Plan for Hurricane Season, outlining steps to be taken if an evacuation is ordered. Page 9 q1t~re # 7 Attachment number 1 Page 10 of 10 Exhibit B Page 10 q!tElte # 7 Attachment number 2 Page 1 of 3 CLEARWATER REGIONAL CHAMBER OF COMMERCE PRO FORMA FOR BEACH VISITOR INFORMATION CENTER RFPQ #34-07 SCENARIO A - BASED ON CURRENT AGREEMENT EXPENSES EXPENSES TOTAL COVERED BY COVERED BY EXPENSES SUBSIDY SALES* SALES 56,926.61 56,926.61 SUBSIDY 43,904.00 43,904.00 TOTAL REVENUE 100,830.61 43,904.00 56,926.61 SALARIES & BENEFITS 62,956.61 40,000.00 22,956.61 AUTO EXPENSES 90.00 90.00 BANK CHARGES 844.00 844.00 BUILDING INSURANCE BUILDING MAINTENANCE/JANITORIAL BUSINESS MEETINGS 120.00 120.00 DEPRECIATION DUES & SUBSCRIPTIONS 128.00 128.00 EQUIPMENT MAINTENANCE MERCHANDISE 32,616.00 32,616.00 PROGRAM MISC. EXPENSE 50.00 50.00 OFFICE SUPPLIES 480.00 480.00 POSTAGE/SHIPPING EXPENSE 36.00 36.00 PRINTING 180.00 180.00 REAL ESTATE TAXES STAFF EDUCATION 250.00 250.00 TELEPHONE LOCAL/INTERNET/LANGUAGE LINE 3,080.00 3,080.00 UTILITIES ELECTRIC TOTAL EXPENSES 100,830.61 43,904.00 56,926.61 NET INCOME (LOSS)* * ANY NET INCOME FROM SALES WOULD BE USED TO REIMBURSE THE CITY SUBSIDY UP TO THE AMOUNT OF SUBSIDY RECEIVED. Item # 7 Attachment number 2 Page 2 of 3 CLEARWATER REGIONAL CHAMBER OF COMMERCE PRO FORMA FOR BEACH VISITOR INFORMATION CENTER RFPQ #34-07 SCENARIO B - BASED ON NEW RFP CRITERIA EXPENSES EXPENSES TOTAL COVERED BY COVERED BY EXPENSES SUBSIDY SALES* SALES 56,926.61 56,926.61 SUBSIDY 49,404.00 49,404.00 TOTAL REVENUE 106,330.61 49,404.00 56,926.61 SALARIES & BENEFITS 62,956.61 40,000.00 22,956.61 AUTO EXPENSES 90.00 90.00 BANK CHARGES 844.00 844.00 BUILDING INSURANCE BUILDING MAINTENANCE/JANITORIAL 2,000.00 2,000.00 BUSINESS MEETINGS 120.00 120.00 DEPRECIATION DUES & SUBSCRIPTIONS 128.00 128.00 EQUIPMENT MAINTENANCE 1,000.00 1,000.00 MERCHANDISE 32,616.00 32,616.00 PROGRAM MISC. EXPENSE 50.00 50.00 OFFICE SUPPLIES 480.00 480.00 POSTAGE/SHIPPING EXPENSE 36.00 36.00 PRINTING 180.00 180.00 REAL ESTATE TAXES STAFF EDUCATION 250.00 250.00 TELEPHONE LOCAL/INTERNET/LANGUAGE LINE 3,080.00 3,080.00 UTILITIES ELECTRIC 2,500.00 2,500.00 TOTAL EXPENSES 106,330.61 49,404.00 56,926.61 NET INCOME (LOSS)* * ANY NET INCOME FROM SALES WOULD BE USED TO REIMBURSE THE CITY SUBSIDY UP TO THE AMOUNT OF SUBSIDY RECEIVED. Item # 7 (/)O(/) Ol Ol NOO 0 1'--0 0 Ol WWW 0000 0 C')O 0 (/)0::--' cO cO r-...:ei'<l' ei <riei ei cO Zw<l: 00 00 lOOl'<t N I'--lO lO 00 W>(/) 00. 00. N. 00 N. N 00. 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N C'). >- (/) w>(/) <0 <0 N N <0 0 0 CLO>- lO lO N C') lO (/) 0 [;lOal al I- :::> Z (/) w (/)0E; 0 0 0 00 000 0 0 >- 2 0 0 0 00 000 0 0 ei ei ei cOei ei<riei <ri ei I- W 00 ww- ~ 0 (/)o::(/) 0 0 0 NOl OOC')OO 00 0 0 r-.:. zwal 0 0 <0 ~'<t '<t 0 0 --' Lt"i Lt"i a C'i Lt"i w 0 w>:::> '<t '<t '<t '<t I CL 0 CLO(/) W N I- [;loin w 0:: (/) (/) 0:: :::> :::> --' (/) ~o <q ~OO 00000000 00 <q al CL --'w <00 <000 00000000 00 ~ CJi <riei <0 <riei'<l' eicOei<rieiei<riei ei<ri <0 <l:(/) NO N lOOl'<t NN(J)~IJ)COMCO lOOO N W 0:: I-Z C')O C'). Ol. 00 ~ ~ """ <0_ '<t NO. C'). 0:: W OW cDLt"i 0 N N C') 0 I- I-CL lO'<t <0 C') 0 :::> ~ I- CL Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2007 -2008 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: In Fiscal Year 1999-00, the City of Clearwater entered into an agreement with the Clearwater Regional Chamber of Commerce (CRCC) to provide tourism services on behalf of the City. Fiscal Year 2007 -08 would be the ninth year of this partnership. In this fiscal year, the CRCC secured 20 stories in a variety of print publications and internet travel sites, placed 51 advertisements promoting Clearwater and its island beaches, sent the Visitor Guide with Visit Florida and St. Petersburg/Clearwater Area CVB staff on 74 consumer and trade sales missions, distributed over 5,500 Visitor Guides to 328 travel agencies and sent destination information to 172 writers seeking either Clearwater-specific or Clearwater-related editorials. The CRCC will continue to provide visitor information services for the City at the Chamber's business location(s), including preparing and distributing the official Visitor's Guide with an updated accommodations listing of Clearwater Beach and Clearwater mainland properties; maintaining an adequate supply at State Welcome Centers on 1-75, 1-10 and 1-95, at the Clearwater Beach Visitor Information Center and at travel trade promotional events; advertising placement in local, national and international trade publications; maintaining a toll-free consumer telephone service; operation of the tourism website and other public relations activities. Reports of these activities are submitted to the City Manager and the department on a quarterly basis for review of performance. The Chamber, on behalf of the City, participates in cooperative advertising campaigns with Visit Florida, the official tourism-marketing agency of the State of Florida, and the St. Petersburg/Clearwater area Convention and Visitor's Bureau. The Chamber has established its public relations efforts in drafting a communication plan for use during Clearwater's public and private construction projects, most specifically Beach Walk, including a long-range task force steering committee - Clearwater 2010; the www.billiondollarbeach.com website and the e-newsletter "Footprints" which is sent-out seasonally to thousands of consumers and travel industry writers. For ease of tracking as part of the Chamber's quarterly reporting requirement, the CRCC will prepare a tracking spreadsheet to include number of visitors served, number of guides distributed, number of website hits, amount of and number of destination advertising placed, number of stories written, etc. on a quarterly basis and annual totals. The City will use these items as basis and measure of performance. $190,000 has been budgeted in the FY 2007-08 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 010-09216-530300- 552-000 Other Yes Budget Adjustment: None Annual Operating Cost: Total Cost: 190,000 2007 to 2008 EimOn Amount 190,000 Appropriation Comment Item # 8 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Attachment number 1 Page 1 of 6 AGREEMENT This Agreement is made and entered into this day of September 2007 between the City of Clearwater, hereinafter referred to as the City, and Clearwater Regional Chamber of Commerce, hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services for the City of Clearwater; and WHEREAS, the Agency has established programs that provide visitor information services for the City of Clearwater; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of twelve (12) months commencing as of October 1,2007, and continuing through September 30,2008, (the Termination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be for the area located within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City Manager with a quarterly report of activities conducted under the provisions of this agreement. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the visitor program. The City may request additional reports if desired to monitor annual objectives set by the Agency. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the proposal submitted by the Agency to the City. (Exhibit "A") Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City. Item # 8 Attachment number 1 Page 2 of 6 6. 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 pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than one (1) year. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Funds. The City, for the 2007/2008 budget year, agrees to provide $190,000.00 to the Agency to assist in funding Agency activities and expenses as identified in Exhibit "A". 2. Payments: The total amount of this agreement will be paid by the City to the Agency on a quarterly basis. 2 Item # 8 Attachment number 1 Page 3 of 6 ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of 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 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. 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 City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 2. If to Agency, addressed to, Elizabeth Coleman, President/CEO, Clearwater Regional Chamber of Commerce, 1130 Cleveland Street, Clearwater, Florida 33755. 3 Item # 8 Attachment number 1 Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. CLEARWATER REGIONAL CHAMBER OF COMMERCE (Agency) CITY OF CLEARWATER, FLORIDA (City) By: By: Elizabeth Coleman President/CEO William B. Horne II City Manager Print Name: Secretary Frank Hibbard Mayor ATTEST: Cynthia E. Goudeau City Clerk Approved as to form: Pam Akin City Attorney 4 Item # 8 Attachment number 1 Page 5 of 6 Exhibit A . The Agency will oversee the Visitor Guide fulfillment. All requests received from various sources will be sent directly to the mailing house, Thomas Fulfillment. The mailing house will prepare a monthly report indicating the number of leads by source, number of pieces mailed, postage amounts, etc. Thomas Fulfillment will send the Clearwater Beach Chamber a listing of prospects received from all non-chamber sources. . The Agency will contract for and maintain the inventory of visitor's guides at the 1-75, 1-10, and 1-95 State Welcome Centers. . The Agency will place destination advertising in the St. Petersburg/Clearwater Area Convention and Visitors Bureau (CVB) and Visit Florida Visitors Guides. Additional advertising will be placed on the State of Florida's website, and the St. Petersburg/Clearwater Area CVB website Other advertising and promotion will be considered by the Tourism Marketing Committee and could include consumer advertising. The Chamber coordinates its own advertising coops and will incorporate the City in everyone. . The Agency will manage the call center for toll-free number answering services. . The Agency will manage and maintain the and websites. The Agency will enhance the web site with a destination video. . The Agency will utilize the Visit Florida and the St. Petersburg/Clearwater Area Convention and Visitors Bureau sales programs for Visitor Guide brochure distribution to the travel trade and consumers. . The Agency will assist Clearwater Jazz Holiday with several advertisements. . The Agency will update the accommodations listing of the Clearwater Beach and Clearwater mainland properties for the Official Visitors Guide. . The Agency will promote Clearwater Beach during construction through a public relations campaign. The Agency established its Clearwater 2010 Task Force to aid the City in communications with the tourism industry and vice versa. The Task Force meets on an as needed basis. . The Agency will promote the destination through a public relations campaign, which includes, but isn't limited to, producing the electronic newsletter Footprints, 5 Item # 8 Attachment number 1 Page 6 of 6 distributing destination information to travel writers, hosting a travel writer press trip and hosting individual writers throughout the year. . 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Cfl CI> I:: ltl .- .- ~ ltl CI> 0 > 0 I:: Cfl U::::J -~ -- CI> ::::J-...E>- J::_U'" Uu 01:: CI>- ~U Cfl~J:: U~ cECI>"Cc..E...UCflI::~ ltl... ~ ~~ -~ ~~CI>~Cfl~~ ~2: ~~~~~~2~~~~~~~Q~ ~~g~~~~ ~~E'2~~~ ~J ii~~~~~t~~~~~~1~0~8~~i~! ~00SJ::g~U~2(1)Sl:;~~~u..=CI>(I)~~2Qj~~~CI>NU~g~~- 'nJ::~(I)I-"'I::~~CI>~::::JI::"CO~=ltl~i2:I::S>~~u..~~"C"C..cOc..S >1- r:aWu=2:~<l:8<l:U~~UI-~ 8(1)~,(I)>,"<l:<l:~u..(I)~ 00000 00000 c:iL!"iL!"ic:ic:i I[) "<tC'\l 00 C'\I C') I[) o o C'\I 00000 00000 c:iL!"iL!"ic:ic:i I[) "<tC'\l 00 C'\I C') I[) o o o o I[) 00000 00000 c:iL!"iL!"ic:ic:i I[) "<tC'\l 00 C'\I C') I[) Item # 8 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the Gas System Revenue Refunding Bonds, Series 2007 to be designated as Qualified Tax Exempt Obligations, authorize the cash defeasance of certain outstanding Gas Revenue Bonds, Series 1998 in the amount of $4,165,000, and adopt Resolution 07-23 SUMMARY: The Gas Revenue Bonds, Series 1998 maturing after September 1, 2007 are eligible for redemption on or after September 1, 2007 in whole at anytime or in part on any interest payment date (March 1 and Sept 1) subsequent to September 1,2007. Resolution 07 -15, previously adopted by the Council, authorized issuance of Gas System Refunding Bonds, Series 2007 to refund the Gas Revenue Bonds, Series 1998. Current market interest rates have not yet reached a point where the net present value savings is sufficient to warrant refunding. Refunding potential will continue to be evaluated should interest rates drop. In the meantime, the Gas System has reviewed it's future cash needs and has determined that it has excess cash available in capital projects funds due to the slowdown in the housing construction market. In order to redeem a portion of these 1998 Bonds (maturing in 2019 - 2023), a transfer of funds from the CIP fund in the amount of $4,165,000 to the Gas operating fund 423 is required. Funds will come from project 315-96365 (line relocation maintenance Pinellas) in the amount of $665,000; project 315-96377 (new mains and services in Pinellas) in the amount of $500,000, and project 315-96378 (new mains and services in Pasco) in the amount of $3,000,000. These projects will not be adversely affected due to the current slowdown in housing construction. These funds will subsequently be transferred to the debt service fund at the time the bonds are redeemed. A first quarter budget amendment will be processed to transfer these funds from the CIP Fund to the Gas Fund and then to the Debt Service Fund for the redemption of the 1998 Bonds. Due to the reduced amount of bonds to be issued (now estimated at $3.71 million after the $4.165 million cash is used), the City is able to designate these bonds as Qualified Tax Exempt Obligations. Qualified bonds carry a lower interest rate allowing the City to realize additional savings. The City is only able to designate bonds as qualified if the total debt issued in a calendar year is less than $10 million. The only other debt issued by or expected to the issued by the City in 2007 is approximately $3.8 million in lease purchase debt plus this bond issue of $3.71 million for a total of $7.51 million. This resolution updates the previous resolution by authorizing $4.165 million of cash to defease a portion of the 1998 bonds and authorizing the designation of the 2007 Bonds as qualified. It is our intention to use the interest savings from the 1998 cash redemption to shorten the duration the remaining 1998 bonds when and if the refunding occurs. Type: Current Year Budget?: Debt-Bond None Budget Adjustment: None Budget Adjustment Comments: A first quarter ammendment will be processed as stated above. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: Cover Memo Review Approval: Item # 9 1) Financial Services 2) Legal 3) Clerk 4) Office of Management and Budget 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk 2007 to 2008 Attachment number 1 Page 1 of 3 RESOLUTION NO. 07-23 A RESOLUTION SUPPLEMENTING RESOLUTION NO. 07-15 WHICH AUTHORIZED THE SALE OF NOT TO EXCEED $8,500,000 CITY OF CLEARWATER, FLORIDA, GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2007; DESIGNATING THE BONDS AS QUALIFIED TAX EXEMPT OBLIGATIONS; PROVIDING FOR AMENDMENTS TO THE FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF SUCH BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE BONDS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the City Council of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide for the issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and WHEREAS, on April 21, 2005, the City enacted Ordinance No. 7423-05 (the "2005 Ordinance", and together with the Original Ordinance, collectively, the "Bond Ordinance") which authorized the issuance of the City of Clearwater, Florida, Gas System Revenue [Refunding] Bonds, Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and WHEREAS, on June 7, 2007, the City adopted Resolution No. 07-15 to provide for the issuance of not to exceed $8,500,000 City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2007 (the "Series 2007 Bonds") as Additional Parity Bonds to refund all or a portion of the City's outstanding Gas System Revenue Bonds, Series 1998 (the "Refunded Bonds"); and WH EREAS, the City also intends to provide for the defeasance of a portion of the Refunded Bonds with other available funds of the City under the same Escrow Deposit Agreement as will be utilized for the defeasance of the Refunded Bonds; and WHEREAS, it is in the best interest of the City to designate the Series 2007 Bonds as "Qualified Tax Exempt Obligations" pursuant to section 265(b) of the Internal Revenue Code of 1986; and WHEREAS, the Issuer now desires to approve changes to the Official Notice of Sale and the Preliminary Official Statement from that approved by Resolution No. 07-15 to reflect (i) the designation of the Series 2007 Bonds as "Qualified Tax Exempt Obligations", (ii) the partial cash defeasance of the Refunded Bonds in the amount of $4,165,000, and (iii) the revised maturity schedule for the Series 2007 Bonds; and WH EREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 1 Resolution No, 07-23 Item # 9 Attachment number 1 Page 2 of 3 SECTION 1. DESIGNATION OF BONDS AS QUALIFIED TAX EXEMPT OBLIGATIONS. The City hereby authorizes the Mayor to designate the Series 2007 Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code") prior to or in conjunction with the issuance of the Series 2007 Bonds, and hereby designates to the extent required by Section 265(b)(3)(D) of the Code, the Series 2007 Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3)(B) of the Code. SECTION 2. AUTHORIZATION FOR CASH DEFEASANCE. There is hereby authorized the transfer of $4,165,000 from the available funds in the Gas System to the Escrow Holder for the Refunded Bonds to be used in addition to the proceeds of the Series 2007 Bonds, to defease the Refunded Bonds to their date of redemption. SECTION 3. APPROVAL OF FORMS. The Finance Director is hereby directed to provide an amended or supplemented Notice of Bond Sale substantially in the form approved by Resolution No. 07-15, with such changes as shall be deemed necessary or desirable by the Finance Director to reflect the changes made by this Resolution. SECTION 4. SUPPLEMENT TO PRELIMINARY OFFICIAL STATEMENT. The City Manager and Finance Director are authorized and directed to cause a supplement to the Preliminary Official Statement to be prepared to reflect the changes in the Series 2007 Bonds authorized by this Resolution Following the award of the Series 2007 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as may be necessary to reflect the supplement to the Preliminary Official Statement and the purchaser's bid. The Mayor and City Manager are hereby authorized to execute and delivery such final Official Statement, with such changes, insertions and omissions as may be approved by such officers. SECTION 5. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are inconsistent with the provisions of prior resolutions regarding the Series 2007 Bonds, provisions of this Resolution shall control and supersede the inconsistent provisions of such Resolutions. [Remainder of page left intentionally blank) 2 Resolution No, 07-23 Item # 9 Attachment number 1 Page 3 of 3 SECTION 13. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of September, 2007. CITY OF CLEARWATER, FLORIDA Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 3 Resolution No, 07-23 Item # 9 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Joshua Monti for payment of $57,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 1,2007 Mr. Monti was arrested and incarcerated for burglary and battery. Mr. Monti was in jail for 61 days before being released. Mr. Monti was released as there was insufficient evidence for the Assistant State Attorney to prosecute. As a consequence of his arrest and detention Mr. Monti incurred attorney fees and other expenses. The City does not have sovereign immunity for this civil rights claim. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Appropriation Code 0590-07000- 545900- 519- 000-0000 Amount $57,000 Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 10 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Extend the Contract with Mastec North America, Inc., Tampa, FL for the period October 1,2007, to September 30,2008, for the Installation of Gas Mains and Service Lines, in the amount of $1,185,000, approve a Purchase Order in the amount of $1,098,750 and authorize the appropriate officials to execute same. (consent) SUMMARY: Mastec North America, Inc. is one (1) of Clearwater Gas System's two (2) contractors who install Gas Mains, Service Lines and Underground House Piping to meet residential and commercial customer requirements in support of gas sales and operations. Mastec North America, Inc. was the lowest Bidder on Bid 29-06, Installation of Gas Mains, Service Lines and House Piping at Various Locations, with an actual bid of $983,914 and has performed satisfactory work during the current contract period. Mastec North America, Inc. has agreed in writing to hold current pricing on the estimated quantities in Bid 29-06 in the contract amount of $1,185,000 (includes a 20% contingency) for the period October 1,2007, to September 30,2008, and has provided a Performance Bond and Proof of Insurance. This is the first of two renewal options authorized by bid 29-06. The total contract amount is $1,185,000 ($1,098,750 Installation of Gas Mains and Service Lines and $86,250 for Underground House Piping, a RESALE Item to the customer that is approved by the Managing Director & Executive Officer of Clearwater Gas System. Funds are available in 315-96377, Pinellas New Mains and Service Lines, and the Clearwater Gas System budget to support these requirements. The facilities, once installed, will be maintained by the Clearwater Gas System. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $1,185,000 $1,185,000 10/01107 to 09/30/08 Annual Operating Cost: $1,185,000 Total Cost: Appropriation Code 315-96377 Bid Required?: Other Bid / Contract: Amount $1,185,000 Appropriation Comment Yes 29-06 Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) City Manager 7) Gh~tk~r@ity Manager 9) Clerk Item # 11 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the second and final five-year (December 1,2007 to November 30, 2012) lease renewal and operating agreement between the City of Clearwater and Clearwater Aircraft, Inc. owned by David King, Fixed Base Operator (FBO) at the Clearwater Airpark with $17,729.97 per month rent and $.10 per gallon of fuel purchased for resale; the rent to increase by the CPI each year on January 1 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current lease between David King and the City terminates November 30, 2007. The agreement provides for two consecutive five- year lease renewals. This is the second, and final lease term being applied for. Mr. King took over the Assignment of Lease from Clarence Emshoff, President of Clearwater Aircraft, Inc. under all of the right, title, and interest in that lease on February 1, 2000. This action made no change to the existing lease terms or conditions. Some of the terms of the lease include: . The Airpark operation area - the potential to expand rental space for the FBO has diminished from the original projections in the Airpark Master Plan due to the golf course lease agreement, the City Public Service Department use of a portion of the site and the drainage area required by Pinellas County for Keene Road. . Improvements to the property - the FBO now oversees five covered "T" hangar buildings, four multiple bay shade hangars, all hard stand and sod aircraft tie-down parking spaces, a 3456 sq. ft. operations building, one maintenance hangar of 8,487 feet, one 9,600 sq. ft. corporate hangar, and two-twelve thousand gallon fuel tanks and pumps. . Maintenance and repair - The maintenance program for Airpark FBO is attachment "E" of the lease agreement document. . Lesse shall provide the following aeronautical activities at the Airpark; rental of hangar and tie-down space, sale of aviation petroleum products, aircraft rental and repair, and maintenance of airplanes. The Lessee is also granted the right, but is not obligated to conduct the following Aeronautical Activities at the Airpark: aircraft sales, flight instructions, flying club(s), aerial surveying, sightseeing, air taxi operations, air freight operations and charter operations. . Hours of Operation - Aircraft shall be permitted to operate from Clearwater Airpark between 7:00* am and 9:00 pm for landings and 7:00* am to one hour after official sunset for takeoffs. The Airpark shall be closed to takeoffs and landings at all other times except when authorized in writing by the City Manager or designated representative. *6:00 am for traffic reporting aircraft with permission of airpark manager. Emergency "on call" service will be provided during off duty hours by Lessee. The Lessee pays $17,729.97 per month rent and $.10 per gallon of fuel purchased for resale. The rent increases by the CPI each year on January 1. Mr. King is able to pass on a portion of the cost to the tenants upon written request and approval by Marine & Aviation Director. Costs for FBO spaces, planes and equipment are paid by the FBO. Since taking over the daily operation of the Clearwater Airpark, Mr. King has won the respect of his neighbors by being willing to listen to their concerns and work toward resolving their issues. Both they and the Airpark Advisory Board recommend renewal of the lease. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 35 LEASE AND OPERATING AGREEMENT This Lease and Operating Agreement (the lS made and entered into this ___ day of between the City of Clearwater, a Florida hereinafter called the "Lessor", and Clearwater hereinafter called the "Lessee". "Agreement") , 2007, by and municipality, Airpark, Inc. , This agreement represents the agreement between Lessee and Lessor and Request for Proposal, Lessee's Response thereto. whole and entire incorporates City's and all attachments ARTICLES Article I Article II Article III Term Aviation Operations Area Rights, Obligations, and Minimum Operating Standards Appurtenant Privileges Payments utilities Insurance Indemnification Disclaimer of Warranties Lessee as Independent Contractor Assignment Non-Discrimination Requirements of the United states Default and Termination Miscellaneous Provisions Leasehold Improvements Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI ATTACHMENTS Attachment A Attachment B Attachment C Attachment D Attachment E Drawing of Leased Premises Tie-Down/Hangar Lease Form Tie-Down/Hangar Rental Rates ADA Deficiencies @ Air Ops. Bldg. (no longer applicable) Minimum periodic maintenance standards and Mowing Specifications Item # 12 1 Attachment number 1 Page 2 of 35 WIT N E SSE T H: WHEREAS, Lessor operation and maintenance of Ci ty-owned land wi thin the Clearwater, now known as the and has jurisdiction over the safe the Premises and improvements to the terri torial limits of the City of "Clearwater Airpark" (the "Airpark"); WHEREAS, Professional aeronautical essential to the proper accommodation of private aviation at the Airpark; and servlces are and commercial WHEREAS, Lessor desires to make such services available at the Airpark through independent operators and Lessee desires to provide such services as an independent operator. NOW, THEREFORE, in consideration of the the mutual covenants contained in this Agreement, hereby agree as follows: Promises and the parties Item # 12 2 Attachment number 1 Page 3 of 35 ARTICLE I TERM The initial term of this Agreement shall be for a period of 60 months, commencing on the first day of December 2007 and continuing through the 30th day of November 2012 (the "Termination Date") , unless earlier terminated under the provisions of this Agreement. This is the second and final consecutive five (5) year lease period, upon the same terms and conditions, subject to Lessor and Lessee negotiating in good faith a new rental rate schedule within the last 60 days of this said lease term or any extension thereof, and subject to Lessee having not been in material default under the terms and provisions of this said Lease. ARTICLE II AIRPARK OPERATIONS AREA Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, all facilities and improvements located on the following property, identified and shown on Exhibit A hereto and having a mailing address of 1000 North Hercules Ave. Clearwater FL 34625(the Airpark Operations Area): A. Airpark Operations Area Described as follows: Commence at the center of Section 12, Township 29 South, Range 15 East; thence run North 89019'10" West, along the East-West centerline of said Section 12, 50.00 feet, to a point on the West right-of-way line of Hercules Avenue; thence run South 00016"59" West, 22.07 feet, for a Point of Beginning of Parcel 1. Thence run North 89021' 07" West, 519.10 feet; thence run North 03051'07" West, 92.96 feet; thence run North 29057' 09" West, 132.28 feet; thence run North 21027' 15" West, 204.07 feet; thence run South 89021' 07" East, 88.01 feet; thence run North 00016'59" East, 134.20 feet; thence run North 89009' 12" West, 230.01 feet; thence run South 00038'53" West, 95.00 feet; thence run North 89021'07" West, 237.84 feet to a point also referred to as point "A" for convenience; thence run South 25013' 17" East, 1869.75 feet; thence run South 89049' 19" West, 131.67 feet; thence run South 00016'59" West, 220.46 feet; thence run South 89022' 16" East, 375.00 feet; thence run North 00016'59" East, 1469.04 feet to the P.O.B. for Parcell. Together with: Commence at point "A"; thence West, 15.25 feet for a Point of 2. Thence run North 00016' 59", thence run North 89019'26" West, run North 25013' 17" Beginning of Parcel East, 906.84 feet; 434.06 feet; thence Item # 12 3 Attachment number 1 Page 4 of 35 run South 25013'17" East, 1008.06 feet to the P.O.B. for Parcel 2. B. Improvement on said real property as follows: Five (5) covered "T" hangar buildings, four (4) mul tiple bay shade hangars, all hard stand and sod aircraft tie-down parking spaces; a 2214 square feet (MOL) operations building; one maintenance hanger of 8,487 feet (MOL); two (2) twelve thousand (12,000) gallon fuel tanks and pumps; and facilities related to or dependent upon the described improvements. The Airpark operations area and the improvements thereto are referred to as the "Premises." c. Maintenance and Repair: 1. Lessee shall maintain the Premises and all structures in their present condition. The Lessee agrees to maintain in a good state of repalr, at all times, all leased grounds and structures, including all interior maintenance. For the purpose of this Agreement, Airpark Operations Area interior maintenance lS defined as the maintenance and keeping in good repair of the interior walls and ceilings, painting, repairs or al terations of plumbing, doors, window or door glass, electrical fixtures, air conditioning, water fixtures, locking devices and all other fixtures; janitorial services such as sweeping, dusting, mopping and waxing floors; relamping; interior and exterior washing of windows; and the arrangement for sanitary removal of trash from the Premises. The Lessee shall not be responsible for the maintenance of the structural integrity of the leased structures with the exception of the (1) above ground portion of the fuel pumping system; (2) existing sign maintenance. Fuel tanks and all public and common or joint use areas of the Airpark shall be the responsibility of the Lessor. D. Lessee's contact with the Lessor in connection with the Premises herein leased shall be with the Lessor's Staff Member designated by the City Manager, subject to the terms and provisions of this Lease, which may not be waived, modified, or amended except in writing executed by the Lessor. E. The parties agree that the Lessor has the right to add, remove, repair or relocate structures on the Premises at no cost to Lessee. Lessee agrees that no structural, electrical or other modification to any structure on the Premises shall be permitted without the express written consent of Lessor. If any al teration or modification takes place without Lessor's written permission, then, upon written request by Lessor, Lessee agrees to return that part of the Premises modified, altered or affected without consent from Lessor to its original condition. If Lessee fails to return that part of the Premises which was modified or Item # 12 4 Attachment number 1 Page 5 of 35 altered without written consent to its original condition within thirty (30) days from receipt or written request from Lessor, then Lessor shall be entitled to return that part of the Premises to its original condition, and shall be entitled to recover the cost and expenses from Lessee. Emergency repairs may be made by Lessee for the safety of individuals and prevention of damage to real and personal property. F. The Lessee agrees to comply with the American Disabilities Act (ADA) requirements as they pertain to the Airpark Operations Building. Lessee also agrees to bring the Airpark Operations Building into compliance by making those changes circled in Exhibit D. G. Lessee agrees to maintain the Premises according to the minimum periodic maintenance standards described in Exhibit E. ARTICLE III RIGHTS, OBLIGATIONS, AND MINIMUM OPERATING STANDARDS Lessee shall provide the following Aeronautical Activities at the Airpark: 1. Rental of hangar and tie-down space 2. Sale of aviation petroleum products 3. Aircraft rental 4. Repair and maintenance of airplanes In addition to these activities, Lessee is also granted the right, but is not obligated to conduct the following Aeronautical Activities at the Airpark: 1. Aircraft sales 2. Flight instructions 3. Flying club(s) 4. Aerial surveying 5. Sightseeing 6. Air Taxi operations 7. Air Freight operations 8. Charter operations The standards established herein set forth the minimum operating standards to be met as a condition for the right to conduct any Aeronautical Acti vi ty or endeavor at the Airpark. Lessee agrees that all Aeronautical Activities authorized under this agreement will be performed in accordance with the minimum operating standards established herein; including such reasonable amendments as may be adopted by Lessor from time to time. Lessor may also review and approve all contracts, leases, subleases or other agreements that Lessee enters into to provide Aeronautical Activities. Lessee's failure to obtain Lessor's written approval Item # 12 5 Attachment number 1 Page 6 of 35 for any Aeronautical Activity shall, at the option of Lessor, be a default under this Agreement. The Lessee shall be responsible for the enforcement of the provisions contained in the Tie-Down/Hangar Lease Form (EXHIBIT B) and shall take action to correct any violation within twenty-four (24) hours of written notice from Lessor. Lessor reserves the right to add, remove or revise any section(s) of the Tie Down/Hanger Lease Form, or replace the form in its entirety. Lessee shall be responsible to enforce the Tie Down/Hanger Lease form and any amendments at all times, and Lessee's failure to enforce shall result in a default after thirty (30) days written notice from Lessor. A. Definitions 1. Aeronautical Acti vi ty Shall mean any acti vi ty which involves, makes possible, or is required for the operation of aircraft or which contributes to, or lS required for, the safety of such operations and shall include, but not by way of limitation, all activities commonly conducted at airports, such as charter operations, pilot training, aircraft rental, sightseeing, aerial photography, surveying, aircraft sales and service, sale of avia tion petroleum products (whether or not conducted in conjunction with other included activities) , repair and maintenance of aircraft, sale of aircraft parts, sale and maintenance of aircraft accessories, radio, communication and navigation equipment, flying clubs and any other acti vi ty which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an "aeronautical activity". Aeronautical activity shall not include scheduled air carrier operations, glider training and operations, aerial advertising, crop dusting, all manufacturing, fabricating or assembly operations or ultra light operations, which activities are expressly prohibited. 2. Agreement. Agreement Shall mean the Lease and Operating 3. Air Operations Area - Shall mean those portions of the Airpark provided and made available by City for aircraft and related operations, and shall include aircraft runways, taxiways, ramps, aprons and aircraft parking spaces, and areas directly associated therewith which are not leased by Lessee or any other tenant at the Airpark. 4. Airpark - Shall mean the Clearwater Airpark, owned by the City. 5. City - Shall mean the City of Clearwater, Florida, and any of the appointed officials of the City who are vested with the specific authority to govern the activities of the Airpark. Item # 12 6 Attachment number 1 Page 7 of 35 6. Airpark Tenant - Shall mean any entity authorized by this Agreement to conduct Aeronautical Activities 7. Fixed Base Operator (FBO) Shall mean the entity authorized by this Agreement to conduct Aeronautical Activities at the Airpark. For purposes of this Agreement, the Lessee and the FBO are the same entity. 8. Master Plan - Shall mean the master plan as adopted by the City Commission on October 5, 2000, and any subsequent amendments approved by the Lessor's City Council, and the scaled dimensional layout of the entire Airpark, indicating current and proposed usage for each identifiable segment as approved by the Lessor and the State of Florida. 9. Tie-Down/Hangar Lease Agreements Shall mean the agreement forms supplied by the Lessor and used by the Lessee to sub-lease any covered shade, enclosed or tie-down hanger spaces. 10. structures Above ground buildings, runways, taxi-ways and other objects permanently affixed to the ground. B. Standard Requirements for all Services In providing any of the required services or activities specified herein, Lessee shall operate for the use and benefit of the public and shall meet or exceed the following standards: 1. Lessee shall furnish serVlce on a fair, reasonable and nondiscriminatory basis to all users of the Airpark. Lessee shall furnish good, prompt, and efficient service adequate to meet all reasonable demands for its services at the Airpark. Lessee shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. Lessee shall obtain Lessor's written approval thirty (30) days in advance when changes in rental rates are proposed. Increases in shade hanger, T-hanger and tie down rates must be approved by Lessor, and shall be limited to the same percentage increases of the consumer price index for the previous 12 months. The rates in effect as of the date of this Agreement are attached as Exhibit C of this Agreement. 2. Lessee shall select and appoint a full-time manager of its operations at the Airpark. The manager shall be qualified and experienced and vested with full power and authority to act in the name of Lessee with respect to the method, manner and conduct of the operation of the fixed base services. The manager shall be available at the Airpark during regular business hours. During the manager's absence a duly authorized and adequately trained 7 Item # 12 Attachment number 1 Page 8 of 35 subordinate shall be In charge and Lessee agrees that a duly authorized Lessor's monthly Airpark Authority Airpark and to answer any questions further agrees to attend any meeting that may involve the operation of the available at the Airpark. representative shall attend meeting to report on the about the Airpark. Lessee that Lessor deems necessary Airpark. 3. Lessee shall provide, at its sole expense, no fewer than two (2) full-time qualified and trained employees during hours of operation to provide effectively and efficiently the serVlces required or authorized by this Agreement. 4. Lessee shall control the conduct, demeanor and appearance of its employees, who shall be trained by Lessee and who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. It shall be the responsibility of Lessee to maintain close supervision over its employees to assure a high standard of service to customers of Lessee. Lessee shall provide all of its employees collared shirt uniforms identifying themselves as Lessee's employees 5. Lessee shall meet all expenses and payments In connection with the use of the Premises and the rights and privileges herein granted, including licenses, taxes or permits required by law in the normal course of business. Lessee may, however, at its sole expense and cost, contest any tax, fee or assessment. 6. Lessee shall comply with all federal, state, and local laws, and standards set forth in the Airpark master plan, which may be amended from time to time. Lessee shall keep in effect and post in a prominent place all necessary or required licenses or permits. 7. It lS expressly understood and agreed that, in providing required or optional services pursuant to the Agreement, Lessee shall select all vendors, suppliers or other users of the Airpark. 8. During the term of the Agreement, Lessee shall have the right, at its expense, to place in or on the Premises a slgn or signs identifying Lessee. Said sign or signs shall be of a size, shape and design and at a location or locations approved by Lessor, and must comply with all City code requirements. Notwithstanding any other provision of the Agreement, said sign(s) shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the Premises at the expiration of the term of the Agreement, or upon wri tten notice by Lessor. Lessee further agrees to provide an area within the operations building, an information dissemination 8 Item # 12 Attachment number 1 Page 9 of 35 point for City sponsored promotions, events and activities. Lessee shall sponsor at least once annually an open house day at the Airpark which date and time must be approved by Lessor. Lessee agrees to expend at least five hundred dollars ($500) annually to fund the open house day. 9. Lessee shall use the standard tie-down/hangar space Lease form attached as Exhibit B for hangar and tie-down space rentals. Copies of each executed lease agreement shall be made available to the Lessor upon request. Hangar vacancies shall be filled on a "first come, first serve" basis in accordance with a waiting list maintained by the Lessee and made available to the Lessor and general public upon request. 10. The Lessee shall provide, upon Lessor's written request documentation as to the Lessee's technical and financial ability to perform the services of proposed operation at all times during the term of this lease. Such evidence of technical and financial ability shall consist of, but not necessarily be limited to, a statement of financial position certified by an officer of the Lessee as to its correctness and reviewed by the City auditor and other licenses, permits or certificates required by law and applicable to Lessee's proposed operation. 11. Lessee shall not do business any business name other than the name of appears in this Agreement without written Lessor. on the Premises the business as permission by In it the c. Services Minimum Requirements Avia tion Petroleum and Ramp 1. Buildings - The Lessor shall provide a building to serve as a General Aviation Terminal for use by the Lessee that contains at least 2,000 square feet of properly lighted space for office space, storage, a public waiting area that includes indoor restroom facilities, restaurant or appropriate vending machines and a public use telephone. The Airpark Authority and the Lessor shall have the right to conduct regular and special meetings in this building at no cost. 2. Personnel - Lessee shall employ at least two (2) full-time employees properly trained in aircraft fueling and ramp safety procedures. 3. Services Lessee shall provide aircraft ground guidance within the uncontrolled areas adjacent to the Premises, and ramp service, including sale and into-plane delivery of aviation fuels, lubricants, and other related aviation products. Lessee shall provide apron aircraft, including itinerant servicing of and parking, storage, assistance to and tie-down 9 Item # 12 Attachment number 1 Page 10 of 35 servlce for both based and itinerant aircraft upon facilities leased to Lessee or aircraft parking areas by Lessor and described in the lease. or wi thin designated Customary accommodations for the convenience of users, including passenger and pilot lounge areas, information services and telephone service connections to the Flight Service Station and/or the United States Weather Bureau, pilot accessories, appropriate vending machines, and rental car services as may be appropriate shall be provided by the Lessee. Lessee shall ensure the availability of an adequate number and type of fire extinguishers, and pieces/units of appropriate ground support equipment (GSE), to meet airport user requirements and all applicable governmental Codes. Lessee shall provide, maintain and operate an airport UNICOM providing continuous airport advisory services during the hours set forth in paragraph 5, Hours of Operation. By federal law, Lessee shall be the sole licensed UNICOM operator at the Airpark. 4. Fuel Facilities and Fuel Supply - The City shall furnish at least two (2) leased metered and filter-equipped dispensers, for dispensing 100-octane aviation fuel from storage tanks having a minimum capacity of 12,000 gallons each. Lessee shall ensure the maintenance of pumplng equipment in as-is condition and meeting all applicable safety requirements with reliable metering, filtering and grounding devices subject to independent inspection and with a pumping efficiency capable of servicing aircraft. An adequate supply of 100 octane fuel will be maintained at all times and Lessee will secure and maintain an ongoing contract with a fuel supplier to ensure continuous supply of aviation fuel. Lessee shall be responsible for dispensing equipment on the Premises regardless of ownership. Automobile fuel may be dispensed at the Airpark under terms and conditions that may be subsequently agreed upon between the Lessor and the Lessee. 5. Hours of Operation Aircraft shall be permitted to operate from Clearwater Airpark between 7:00* am and 9:00 pm for landings and 7:00* am to one hour after official sunset for takeoffs. The Airpark shall be closed to takeoffs and landings at all other times except when authorized in writing by the City Manager or designated representative. *6:00 am for traffic reporting aircraft with permission of airpark manager. Emergency "on call" service will be provided during off duty hours by Lessee. 6. Insurance Coverage - Lessee continuously In effect at all times shall obtain during the and maintain term of the 10 Item # 12 Attachment number 1 Page 11 of 35 Agreement, at Lessee's sole expense, insurance with total limits in an amount not less than $1 million Combined Single Limit, or equi valent, to include broad form contractual liability and the following coverages (copies of all insurance policies shall be on file with the City) : Comprehensive General Liability $ 1,000,000.00 - Bodily injury and Property Damage - Environmental liability, with the City of Clearwater and Lessee named additional insured, at a cost not to exceed $7,500.00. FBO will be liable for any damage to the property caused by subsequent fuel spills. Product Liability - Bodily injury and Property Damage $ 1,000,000.00 D. Minimum Requirements - Flight Training 1. Personnel Lessee shall employ Certified Flight instructors sufficient in number to meet service demands and currently certified by the Federal Aviation Administration, with appropriate ratings to provide ground instruction, private, commercial, and instrument flight training. 2. Aircraft - At least one (1) airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to the Lessee shall be furnished by the Lessee. 3. Hours of Operation The normal operating hours for flight training will be from 8:00 a.m. to 5:00 p.m. 5 days per week exclusive of Holidays. 4. Customer Notification Lessee shall placard visible to all renter pilots giving lnsurance coverage, student pilot liability, and associated with the aircraft rental agreement. post a sign or notification of other legal risks 5. Insurance Coverage - Lessee shall obtain and maintain continuously in effect at all times during the term of the Agreement, at Lessee's sole expense, flight training insurance with total limits in an amount not less than $1 million Combined Single Limit, or equivalent, to include broad form contractual liability and the following coverage: Comprehensive General Liability Bodily injury and Property Damage $ 1,000,000.00 Product Liability $ 1,000,000.00 11 Item # 12 Attachment number 1 Page 12 of 35 Bodily lnJury and Property Damage Aircraft Liability Bodily injury and Property Damage Each Passenger $100,000 Limit $ 1,000,000.00 E. Minimum Requirements - Aircraft Rental 1. Personnel - Certified Flight instructors sufficient In number to meet service demands with ratings appropriate for aircraft for rent and currently certified by the Federal Aviation Administration shall be employed. 2. Aircraft - A total of at least one airworthy, properly equipped aircraft to include at least one airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to the Lessee shall be furnished by the Lessee. 3. Hours of Operation The normal operating Aircraft rental will be from 8:00 a.m. to 5:00 p.m., week, exclusive of Holidays. hours for 5 days per 4. Customer Notification - The Lessee shall post a sign or placard visible to all rental customers giving notification of lnsurance coverages, renter liability, and other legal risks associated with the aircraft rental agreement. 5. Insurance Coverage - Lessee shall obtain and maintain continuously in effect at all times during the term of the Agreement, at Lessee's sole expense, Aircraft rental insurance with total limits in an amount not less than $1 million Combine Single Limit, or equivalent, to include broad form contractual liability and the following coverage: Comprehensive General Liability Bodily injury and Property Damage $ 1,000,000.00 Product Liability Bodily injury and Property Damage $ 1,000,000.00 Aircraft Liability Bodily injury and Property Damage Each Passenger $100,000 Limit $ 1,000,000.00 F. Minimum Requirements - Aircraft Sales 1. Personnel At least one (1) commercial pilot(s) currently certified by the Federal Aviation Administration, with ratings appropriate for the types of aircraft to be demonstrated 12 Item # 12 Attachment number 1 Page 13 of 35 shall be employed by the Lessee. 2. Dealerships It shall be at the discretion of the Lessee: (1) whether or not to be an authorized factory dealer; or (2) what manufacturer he chooses to represent. All aircraft dealers shall hold a dealership license or permit. 3. Insurance Coverage - Obtain and maintain continuously in effect at all times during the term of the Agreement, at Lessee's sole expense, lnsurance for Aircraft sales with total limi ts in an amount not less than $1 million Combined Single Limit, or equivalent, to include broad form contractual liability and the following coverage: Comprehensive General Liability $ 1,000,000.00 Bodily injury and Property Damage Product Liability $ 1,000,000.00 Bodily injury and Property Damage Aircraft Liability $ 1,000,000.00 Bodily Injury and Property Damage Hangar Keeper's Liability $100,000/$300,000 if Applicable Passenger Liability $ 100,000.00 G. Minimum Requirements - Air Taxi Operations Lessees engaging in air taxi and/or commuter airline operations must be certified by the Federal Aviation Administration under Federal Aviation Regulation Part 135 and Part 121 and registered with the Civil Aeronautics Board under the Economic Regulations of Part 298, and meet the following minimum standards. 1. Personnel - A sufficient number of commercial and/or airline transport pilot(s) shall be employed plus additional such pilots part-time and/or on call sufficient in number to meet service demands and currently certified by the Federal Aviation Administration to conduct the air taxi. 2. Aircraft - A minimum of one (1) airworthy, instrument aircraft is required. Beyond this mlnlmum requirement, it shall be left to the discretion of the Lessee to provide the type, category, class, size and number of aircraft to meet the scope and magnitude of the service performed. All aircraft will be owned or leased in writing to the Lessee, and will be airworthy and meet all requirements of the certificate held. Such aircraft shall be under the full operational control of the Lessee. 13 Item # 12 Attachment number 1 Page 14 of 35 3. Insurance Coverage - Lessee shall obtain and maintain continuously in effect at all times during the term of the Agreement, at Lessee's sole expense, insurance with total limits in an amount not less than $1 million Combined Single Limit, or equi valent, to include broad form contractual liability and the following coverages: Comprehensive General Liability $ 1,000,000.00 Bodily injury and Property Damage Aircraft Liability Bodily injury and Property Damage $ 1,000,000.00 Passenger Liability $ 100,000.00 H. Separate insurance policies are not required as long as the minimum requirements set forth in the Lease Agreement are met. ARTICLE IV APPURTENANT PRIVILEGES A. Use of Airpark Facilities - Lessee shall be entitled, In common with others so authorized, to the use for their intended purposes of all facilities and improvements of a public nature which now are or may hereafter be connected with or appurtenant to the Airpark, including the use of landing areas, runways, taxiways, navigational aids, terminal facilities and aircraft parking areas designated by Lessor. B. Maintenance of Airpark Facilities 1. Lessor shall maintain all public and common or joint use areas of the Airpark in good repair, and shall make such repairs, replacements or additions thereto as are required and necessary for the safe and efficient operation of the Airpark. 2. Lessee shall keep all areas, including those common use areas within a distance of one hundred (100) feet from the Premises, free from trash, debris, litter, and all other discards. 3. Lessee shall notify the Lessor's Marine & Aviation Department Staff Liaison of any condition requiring repairs, replacements or additions necessary for the safe and efficient operation of the Airpark. Lessor shall not be liable to Lessee, its agents, employees or customers, for any damages resulting from any condition arising after the execution of this Lease unless Lessee has notified the Lessor's Marine & Aviation Department Staff Liaison and has confirmed such notification in writing directed to the Lessor prior to the occurrence of any loss. 14 Item # 12 Attachment number 1 Page 15 of 35 4. Lessee shall maintain all grass and landscape vegetation on the Premises. Lessee agrees to mow and maintain the Airpark grass as described on the mowing specifications in Exhibit E, or as revised by Lessor throughout the term of this agreement. If Lessee fails to maintain Airpark as per Lessor's specifications, Lessor at its option may hire a contractor to maintain and bill Lessee accordingly. C. Airspace and Approaches - Lessor reserves the right to take any action it considers necessary to protect the airspace and approaches of the Airpark against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, or locating any building, object, or structure on the Premises or adjacent to the Airpark which, in the opinion of the Lessor, would limit the usefulness of the Airpark or constitute a hazard to aircraft. ARTICLE V PAYMENTS A. Rent and Fees In consideration of the rights and privileges granted by this Agreement, Lessee agrees to pay Lessor during the term of this agreement rent of Seventeen Thousand Two Hundred One Dollars and Nine Cents ($17,201.09) per month rent for Airpark and hangar rentals, plus Four Hundred Ninety-Four Dollars and Twenty-Eight Cents ($494.28) plus tax room rental, plus ten cents ($.10) per gallon for all fuel dispensed at the Airpark. Lessee agrees to pay Lessor sales tax on all Rent and Fee payments. All future revenue generating building rentals will increase Lessee' monthly rent 75% back to the City and 25% for Fixed Base Operator. B. Payments All rent and fee payments shall be paid monthly in advance on the tenth (10) day of each month during the term of this Agreement. Lessee agrees to pay the pro rata share of any partial month during the beginning or end of this agreement. Lessor shall determine and assess a CPI increase yearly on January 1st for all rent and fee payments. C. Delinquency Charge - A rent and fee payments shall be delinquent if not paid on or before the tenth (10to) day following the due date, and shall accrue interest at the maximum amount allowable by law, until paid. D. Place of Payment - All payments due Lessor from Lessee shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767. E. Taxes and Assessments - Lessee shall pay all taxes and assessments against property leased to Lessee by this Agreement, and against the leasehold and any other property interests under this Agreement. 15 Item # 12 Attachment number 1 Page 16 of 35 F. Records Lessee shall maintain In accordance with generally accepted accounting principles and keep for a period of fi ve (5) years and for such additional reasonable period as the Lessor may request, records and books of account and such other records as the Lessor may reasonably request. Lessee shall record all transactions for the conduct of the business provided for herein, all of which records and books of account shall be made available at the Airpark, or in such other location as may be requested in writing by the Lessor. G. Lessee will submit to the Lessor an annual financial report prepared in accordance with generally accepted auditing standards and compliance with the Lease Agreement. The report will be submitted to the City no later than three months after the completion of the Lessee's Fiscal Year, and Lessor, at its option may inspect Lessee's financial records upon written notice. H. The acceptance by Lessor of any statement by Lessee, or of any payment, shall not be deemed a waiver of the right of Lessor to claim additional payment after a review and inspection of Lessee's books and records nor shall such acceptance constitute a waiver by Lessee of any claim for a refund from Lessor for any overpayment. I. Lessee will use cash and credit control devices of a type acceptable to Lessor and that accurately reflect the gross revenues of Lessee from all sales. ARTICLE VI UTILITIES Lessee agrees to pay the cost of all utilities for the facilities leased. In the event Lessee fails to pay any utility bills when due, Lessor may, at its option, pay the same and collect from Lessee the amounts so disbursed, plus interest at the maximum rate allowable by law until paid, and in such event, this Agreement is subject to termination at the option of the Lessor. ARTICLE VII INSURANCE Lessee shall procure and maintain during the term of this Agreement lnsurance against claims for injuries to persons or damages to property, which may arise from or in connection with this Lease. The cost of such insurance shall be purchased and paid by Lessee. 16 Item # 12 Attachment number 1 Page 17 of 35 A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number CG 0001 (latest edition) , or CG 0002 (latest edition) coverlng Comprehensive General Liability; and Insurance Services Office form number GL 0404 (latest edition) covering Broad Form Comprehensive General Liability, and 2. Insurance Services Office form (latest edition) covering Automobile Liability, and CA 002 (latest edition), and number CA 0001 code 1 "any auto"; 3. Lessee shall procure and maintain, for the life of this lease, workers' compensation insurance covering all employees of Lessee with limits meeting all applicable state and federal laws. This coverage shall include employers' liability insurance with limits meeting all applicable state and federal laws. B. Minimum Limits of Insurance Lessee shall maintain limits and types of lnsurance coverage as provided in this Lease and Operating Agreement. The minimum limits and types of insurance that Lessee shall maintain in general are set forth in this Article VI I. However, the limits and types of insurance coverage for specific acti vi ties of the Lessee at the Airpark are set forth in Article III and the Lessee is required to maintain that coverage if that specific activity is engaged in by the Lessee and is not otherwise covered by the terms of the general insurance coverage. If the specific activity engaged in by the Lessee is insured by the provisions of its general coverage provided pursuant to the requirements of this Article VII, then the insurance requirements for that acti vi ty under Article III will be deemed satisfied and no additional insurance policy or endorsement to a policy shall be required of the Lessee. 1 . Comprehensive General Liability $1, 000, 000.00 combined single limit each occurrence for bodily injury and property damage to include: a. Premises and Operations b. Independent Contractors c. Products and Completed Operations d. Broad Form Contractual e. Personal injury 17 Item # 12 Attachment number 1 Page 18 of 35 2. Automobile Liability - $1,000,000.00 combined single limit bodily injury and property damage each occurrence, if any automobile is used in Lessee's operations. 3. Workers' Compensation Lessee shall procure and maintain, for the life of this lease, workers' compensation lnsurance covering all employees of Lessee with limits meeting all applicable state and federal laws. This coverage shall include employers' liability insurance with limits meeting all applicable state and federal laws. 4. Property Damage - Equal to replacement cost of real or personal property owned by the Lessor, or acquired by the Lessor, or by the Lessee on the Lessor's behalf, during the term of this Lease. Policy shall identify by separate schedule each item of personal or real property covered and its respective replacement cost. 5. Hangar Keeper's Liability $100,000/$300,000 combined single limit property damage and theft each occurrence. 6. Product Liability - $1,000,000 combined single limit property damage each occurrence. 7. Aircraft Liability $1,000,000 combined single limit bodily injury and property damage with $100,000 limit per passenger. 8. Co-insurance A mlnlmum of 80% CO-lnsurance lS required. C. Deductibles and Self-Insured Retentions Any deductions or self-insured retentions must be declared to and approved by the Lessor. At the option of the Lessor, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the Lessor, its officials and employees or the Lessee shall procure a bond, letter of credit or other instrument acceptable to Lessor, guaranteeing payment of losses and related investigation, claim administration and defense expenses. D. Other insurance Provision The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage a. The Lessor, its officials, employees and 18 Item # 12 Attachment number 1 Page 19 of 35 volunteers are to be covered as insured as respects liability arising out of activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; Premises owned, leased or used by the Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officials, employees or volunteers. b. The Lessee lnsurance coverage shall be primary lnsurance as respects the Lessor, its officials, employees and volunteers. Any insurance or self-insurance maintained by the Lessor, its officials, employees or volunteers shall be excess of Lessee insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Lessor, its officials, employees or volunteers. d. Coverage shall state that Lessee insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Lessor, its officials, employees and volunteers for losses arising from work performed by Lessee for the Lessor. 3. All Coverage a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Lessor. b. If the Lessee is underwritten on a claims-made basis, the Retroactive Date shall be prior to or coincide with the date of this Agreement and the Certificate of Insurance shall state that coverage is claims made and also the Retroactive Date. The Lessee shall maintain coverage for the duration of this Lease and for the two (2) years following the completion of this Lease. It is further agreed that the Contractor shall provide the Lessor a sixty (60) day notice of aggregate erosion, in advance of the Retroactive Date, cancellation and/or renewal. It is also agreed that either the Lessee or Lessor may invoke the tail option on behalf of the other party and that Extended Reporting Period (ERP) premium shall be paid by the Lessee. 19 Item # 12 Attachment number 1 Page 20 of 35 E. Acceptability of Insurers Insurance is to be placed with an insurance company authorized to do business in the state of Florida and possessing a Bests' rating of no less than A: XIII. F. Verification of Coverage Lessee shall furnish the Lessor with Certificates of Insurance and with the original policy or policies of insurance with all endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements shall be submitted on standard insurance forms used in the insurance industry or on any other form acceptable to Lessor together with a written statement from Lessee's insurance broker or agent that all insurance policies provided by Lessee to Lessor complies with the insurance requirements set forth in this Lease and Operating Agreement. These forms shall be received and approved by the Lessor before execution of this Lease and Operating Agreement and other lease documents by authorized Lessor. G. Subcontractors of Subleases Lessee shall include all subcontractors/subleases as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor/sublessee. All coverage for subcontractors/sublessee shall be subject to all of the requirements stated herein. ARTICLE VIII LIABILITY AND INDEMNIFICATION A. Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents and employees from and against any and all loss, liability, and damages of whatever nature, to persons and property, including, without limiting the 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 Premises or Lessee's operations or those of any approved or unapproved tenant, subtenant, licensee, invitee, contractor, subcontractor or other person approved, authorized, or permitted by Lessee in or about the Premises, including losses, liability, and claims related to air and noise pollution, or any other operations pursuant hereto, whether or not based on negligence. Lessee shall defend all such claims, demands, and suits, whether groundless or not, at Lessee's own cost and expense. Further, Lessee does hereby covenant and agree to indemnify, hold harmless, and defend Lessor, its officers, agents, 20 Item # 12 Attachment number 1 Page 21 of 35 and employees, from and against any and all loss, liability and damages arising out of or in any manner related to any breach by Lessee, its agents, employees, invi tees, licensees, contractors, subcontractors, tenants, or subtenants, whether approved or unapproved, of any of the terms, conditions, or other provisions of this Agreement, and name the City of Clearwater as additional insured with respect to all coverage's except workers' compensation. B. Lessee agrees to defend, indemnify, and hold harmless the Lessor, its officers, agents, and employee from and against any and all claims or liability for compensation under any workmen's compensation statute arising out of injuries sustained by any employee of Lessee or any licensee, contractor, subcontractor, tenant, or subtenant of Lessee. C. Lessee agrees to indemnify Lessor from and to assume all liability for, and to pay all taxes and assessments of every kind, including taxes imposed or which may be imposed by the County of Pinellas and Lessor, which by law may be levied or assessed on the Premises occupied by Lessee pursuant to this Agreement, or which arise out of the operations of Lessee, or by reason of occupancy by Lessee or any of Lessee's agents, licensees, invitees, contractors, subcontractors, tenants, or subtenants, whether or not approved by the Lessor. Lessee shall be responsible for obtaining bills for all of said taxes and assessments directly from the taxing or assessing authority, and shall promptly deliver to the Lessor copies of receipts of payment. D. Lessee's obligations to defend, indemnify, and hold harmless, as set forth in this article, shall include any and all attorneys' fees and investigative expenses, incurred by Lessor in the defense and handling of said suits, claims, damages, and the like, and in enforcing and obtaining compliance with the provisions of this Article. ARTICLE IX DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subj ect matter hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon Lessor unless expressed In writing herein or in a duly executed Amendment hereof. It is understood and agreed that: A. Lessor does not warrant, and hereby disclaims any and all liability and responsibility for or on account of the condition of, the Premises, or the Airpark or any portions thereof, or for or on account of anything affecting such 21 Item # 12 Attachment number 1 Page 22 of 35 conditions. B. Lessor makes no warranties and has no obligations or liability for or with respect to the removal of sand, water or debris from the Premises of any part thereof. C. Lessee makes no warranties and has no obligations or liability for or with respect to the acts or omissions of, or the presence or absence of any other Lessee or operator at the Airpark D. Lessor makes no warranties and obligations or liability with respect to nOlse, air quality, or air pollution. shall have no nOlse pollution, ARTICLE X LESSEE AS INDEPENDENT CONTRACTOR In conducting its business hereunder, the Lessee acts as an independent contractor and not as an agent of the Lessor. The direction, and payment of Lessee's employees shall be the sole responsibility of Lessee, and Lessor shall not attempt to exercise control over the daily performance of duties by Lessee' employees. Lessee acts independently as to selection, retention and assignment. ARTICLE XI ASSIGNMENT This Agreement, nor any part thereof or any interest therein, shall not be assigned, transferred or subleased by Lessee without the express written consent of the Lessor which shall not be unreasonably withheld. This shall include any agreements or subleases in effect at the commencement of this agreement. Lessee's failure to obtain Lessors written consent to any assignment, transfer or sublease shall render such agreement null and void. All principals of the Lessee and their respective percentages of ownership shall be disclosed to the Lessor in writing and it is expressly agreed that if the Lessee is a corporation, any change in the ownership of corporate stock; or if a partnership, the addi tion to or withdrawal of any partner from the partnership firm; or the addition to or withdrawal of a principal Lessee in whatever capacity; by purchase or sale, or operation of law or in any other manner whatsoever, without the consent of the Lessor shall be deemed an assignment. Notwithstanding any attempt by Lessee to assign, transfer or sublease this Agreement, or any part thereof or interest therein, Lessee shall remain obligated and liable to Lessor for the performance of all covenants, terms, and conditions, warranties 22 Item # 12 Attachment number 1 Page 23 of 35 and other provisions of this Agreement to the same extent that Lessee would have been obligated and liable if such assignment, delegation, or sublease had not been attempted, but such attempt shall be deemed an act of material default by Lessee. It is understood and agreed that Lessor may, with notice, assign or delegate any or all of hereunder. at any time, its rights ARTICLE XII NONDISCRIMINATION Notwithstanding any other provision of this Agreement, during the performance of this Agreement, Lessee, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration for this Agreement, does hereby covenant and agree, as a covenant running with the land, that; A. No person shall be excluded from participation In, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises on the grounds of race, color, religion, sex, handicap, age, or national origin. B. In the construction of any improvements on, over or under the Premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subj ected to discrimination on the grounds of race, color, religion, sex or national origin. C. Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. ARTICLE XIII REQUIREMENTS OF THE UNITED STATES This Agreement shall be subject and subordinate to the provlslons of any existing or future Agreement between Lessor and the United States, or any agency thereof, relative to the operation or maintenance of the Airpark, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the Airpark. 23 Item # 12 Attachment number 1 Page 24 of 35 ARTICLE XIV DEFAULT AND TERMINATION A. Termination by Lessee. This Agreement shall be subject to termination by Lessee at its option in the event of anyone or more of the following events: 1. The abandonment by the Lessor of the Airpark as an airport or airfield. 2. The default by the Lessor In the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. 3. Damage to or destruction of all or Premises or Airpark facilities necessary to the Lessee's business not repaired within 180 days. part 0 f operation the of 4. The lawful assumption by the United states, state of Florida, or any authorized agency thereof, of the operation, control, or use of the Airpark, or any substantial part or parts thereof, in such a manner as to restrict substantially Lessee from conducting business operations for a period in excess of forty-five (45) days. B. Termination by Lessor. This Agreement shall be subject to termination by Lessor at its option in the event of anyone or more of the following events: 1. The material default by Lessee in the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessee to remedy, or undertake to remedy, to Lessor's satisfaction, such default for a period of thirty (30) days after receipt of written notice from Lessor to remedy the same. 2. Lessee files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee and such receivership is not vacated within thirty (30) days after the appointment of such receiver. for all Charter. 3. The or part Lessor determines of the Premises that a municipal need exists consistent with the Lessor's 4. The Lessee has violated the terms of the agreement by a consistent pattern of conduct detrimental to the operation of the Airpark. 24 Item # 12 Attachment number 1 Page 25 of 35 C. Exercise. Exercise of the rights of termination set forth in Paragraphs A and B, above, shall be by five (5) days' wri tten notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. D. Removal of Property Upon termination of this Agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. If Lessee shall fail to do so within thirty (30) days, then Lessor may effect such removal or restoration at Lessee's expense, and Lessee agrees to pay Lessor such expense promptly upon receipt of a proper invoice therefor. E. Waiver. The walver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to consti tute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. ARTICLE XV MISCELLANEOUS PROVISIONS A. The point of contact Lease Agreement and all other relating to the Airpark shall Department Staff Liaison or Lessor's City Manager. for all matters related to the condi tions, acti vi ties and events be the Lessor's Marine & Aviation as otherwise designated by the B. It is understood by the Lessee that no right or privilege has been granted to Lessee which would operate to prevent any person, firm or corporation operating aircraft on the Airpark from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. C. It is understood and agreed that nothing herein shall be construed to grant or authorize the granting of an exclusive right other than rights of possession and peaceful enjoyment to the Premises. D. Lessor reserves the right to further develop or improve the Airpark as it sees fit, taking into consideration the desires or view of the Lessee, and without interference or hindrance. Lessor shall make every effort to minimize the disruption of normal Airpark usage during periods of repair or further Airpark development. The Lessor proposes to construct a medium intensity runway light system (MIRL) and a low intensity taxiway light (LITL) system and the Lessee agrees to maintain these systems throughout the term of this Agreement. All improvements 25 Item # 12 Attachment number 1 Page 26 of 35 constructed at the Airpark shall be owned by the Lessor at the expiration of this agreement. E. During time of war or national emergency Lessor shall have the right to lease the landing area or any part thereof to the United states Government or state of Florida for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Lessee's rents will abate accordingly. F. Lessor reserves the right to enter upon the Premises for the purpose of making any inspection it may deem expedient to the proper enforcement of any of the covenants or conditions of this Agreement. Lessee agrees to correct any violation wi thin a reasonable time thereafter, and if Lessee fails to correct such violation, then Lessor may assess a fine or penalty as determined by Lessor. G. Lessor reserves the right to bar, terminate, or otherwise prohibit the use of its common use, publicly-owned facilities by persons, activities or organizations including Lessees judged by the Lessor, or other duly authorized authority to be operating in an unsafe or unauthorized manner. H. Severability - If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. I. Notice - Any notice given by one party to the other In connection with the Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to Lessor, addressed to: With a copy to: City Manager Attn: Marine & Aviation Dept. City of Clearwater 25 Causeway Blvd. Clearwater, FL 33767 City Attorney's Office City of Clearwater Post Office Box 4748 Clearwater, FL 33756 2. If to Lessee, addressed to: Clearwater Aircraft, Inc. 1000 North Hercules Avenue Clearwater, Florida 33765 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. 26 Item # 12 Attachment number 1 Page 27 of 35 J. Corporate status - Lessee shall keep its corporate status active and current throughout the term of this agreement. Lessee shall annually file on the anniversary date of this agreement with Lessor a copy of the Certificate of Good Standing from the State of Florida. Lessee's failure to bring its corporate status current, after thirty (30) days written notice from Lessor, shall be a default under this agreement. K. Attorneys Fees Lessor and Lessee agree that the prevailing party in any litigation arising out of this agreement shall be entitled to attorneys fees and costs, and that litigation shall be in a court of competent jurisdiction in Pinellas County. ARTICLE XVI LEASEHOLD IMPROVEMENTS No improvements, additions, or changes shall be made to the Premises without the prior written consent of the Lessor. It is further agreed that any improvements, additions, or changes shall be made by the Lessee at its own expense and at the option of the Lessor shall become the property of the Lessor upon expiration, or prior termination of this Lease Agreement or any extension or renewal thereof. Should the Lessor elect not to exercise this option, the Lessee agrees to remove such improvements, additions or changes at its own expense and deliver the Premises to the Lessor in as good condition as they now are. Lessee may construct additional general aviation facilities such as a new terminal/hanger and T-hangers so long as such construction conforms with the Airpark Master Plan, conforms with all code requirements, and is approved by Lessor. Lessee shall also have the first right of development of the '150 x '250 outparcel located on Hercules Ave. as described in Exhibit A, so long as the Lessee and Lessor agree on the use, and agree on addition rent for such use. The lease must be approved by Lessor's City Commission and must conform with all code requirements and any other conditions applicable to the use. 27 Item # 12 Attachment number 1 Page 28 of 35 IN WITNESS WHEREOF, the parties hereto have set their seals on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA (Lessor) By: Frank Hibbard Mayor William B. Horne, II City Manager Approved as to form: Attest: Camilo Soto Assistant City Attorney Cynthia E. Goudeau City Clerk CLEARWATER Airpark, INC. (Lessee) By: Name: David W. King, Sr., President 28 Item # 12 Attachment number 1 Page 29 of 35 EXHIBIT "A" See Airpark Lease Description Sheets 1 and 2 29 Item # 12 Attachment number 1 Page 30 of 35 EXHIBIT "B" CLEARWATER AIRPARK TIE-DOWN/HANGAR LEASE has this day leased That the to (Name of Lessee) Space No. Description (i.e. Hangar/Grass Tie Down/Hard Stand) located on the Clearwater Airpark beginning on the 1st day of following terms and conditions: on a month 20 to month upon term the 1. The space lS to be used solely for the parking of the Tenant's aircraft with the exception that automobile parking in the space is permitted while the aircraft is being flown. Any other use must be authorized by the City. 2. Aircraft parked in each space must be registered with the Clearwater Airpark. The aircraft to be parked is described as: 3. The Tenant does not have the right to sub-lease a space without Lessor's approval. 4. Airworthy aircraft may not be under repalr for more than ninety (90) days. 5. I f the Tenant changes the aircraft to be parked in the space, the identifications and N-number of the new aircraft must be reported to the Airport Manager and shown on this rental agreement. 6. Rent in the amount of $ plus applicable sales tax is due on or before the first of each month beginning , 20 , and will be considered delinquent if not paid on or before the 20th of the month. If the tenant has not paid the rent on or before the last day of each month when it becomes due, the Lessor, may terminate the rental agreement. The Lessor reserves the right to adjust the rental amount upon fifteen (15) days written notice to the Tenant. Partial payment of tie-down space rental will not be accepted by the Lessor. 30 Item # 12 Attachment number 1 Page 31 of 35 7. The tenant shall make no structural, electrical, or other modification to the premises. Any modification that is not expressly authorized in writing by the City shall result in the termination of this agreement and tenant shall be responsible to restore the premises to its original condition and to reimburse the City for any cost, expense or loss of revenue resulting thereof. 8. The Tenant shall be responsible for all damage to the leased premises caused by the Tenant's negligence or abuse. If the Tenant does not promptly repair any damages caused by its negligence or abuse after notification by the Lessor and / or City, the City reserves the right to make repairs at the Tenant's expense which shall become due and payable as part of the Tenant's rent on the next billing cycle. 9. Partial payment of space rental will not be accepted by the Lessor. 10. The Tenant shall purchase a hangar lock from the Airport Manager with one (1) key supplied to the Tenant and one (1) key to be retained by the Airport Manager. 11. The Lessor and the City reserves the right at all times to enter the space for security, fire, and other emergency inspections. The space shall not be used for any illegal purposes or used in connection with any illegal activity. 12. Remedies for default and payment. I f the Tenant defaults in the payment of rent or does not fulfill the other terms and conditions of this Lease, the Tenant does, by the signing of this Lease, grant the Lessor or the City the right to remove the airplane and all contents from the space and to then lease the space to another tenant. Any airplane removed from space for non-payment of rent shall be impounded by the Lessor or the City in an area designated by the Airport manager, and shall not be removed until all unpaid rent, storage charges, fees are paid in full. This section shall be construed to be an additional remedy and right granted by the Tenant to the Lessor in addition to any other remedy available by law. 13. Tenant shall keep area of space clean and clear of oil, grease, and other stains. 14. No explosive or flammable materials will be permitted wi thin or about the space with the exception of fuel in aircraft tanks. 15. No boxes , crates, rubbish, paper, or litter that could cause or support combustion shall be permitted within or about the space. All spaces shall be kept clean and neat. 31 Item # 12 Attachment number 1 Page 32 of 35 16. Tenant may polish or clean aircraft In the space if flammable materials are not used. 17. No shop equipment shall be installed In the space. 18. Lessee shall be permitted to perform only those repairs and lor maintenance which are specifically authorized under Federal Air Regulations, Part 43, preventive maintenance allowed by owner/pilot and subject to approval by the fire official, which does not require the services of a licensed A & P mechanic. This maintenance may be performed only by the owner or operator of the aircraft. 19. The tenant is not permitted to bring onto Airpark property fuel not dispensed from the Airpark fueling facilities with the exception of fuel in the aircraft tanks. 20. Failure to abide by these stipulations will result in immediate termination of the Agreement. Lessor or City may enforce all of the terms of this Agreement. 21. If it becomes necessary for the Lessor to use legal process to collect unpaid rent or charges, the Tenant shall pay all costs of collection at trial and appellate levels, including attorney fees and costs, incurred by the Lessor. 22. A copy of the performance section of the pilot's operating handbook for the aircraft listed on this rental agreement is required prior to placing the aircraft in the airpark. 23. Failure to abide by performance specifications of the pilot's operating handbook is reason for immediate termination of this rental agreement. LESSOR: By: Date: TENANT: By: Date: 32 Item # 12 Attachment number 1 Page 33 of 35 EXHIBIT "c" HANGAR/TIE DOWN RENTAL RATES EXCLUDING STATE SALES TAX Grass tie down: $63.32 + 5.70 shared ERU + 4.43 tax = $73.45 Hard Stand: $75.50 + 6.80 shared ERU + 5.29 tax = $87.59 Shade Hangars: $196.08 + 17.65 shared ERU + 13.73 tax = $227.46 Older T Hangars: $321. 51 + 28.94 shared ERU + 22.51 tax $372.96 Newer T Hangars: $377.51 + 33.99 shared ERU + 26.43 tax $437.93 End T Hangars (larger) : $409.18 + 46.84 shared ERU + 28.64 tax = $484.66 With offices In them: approximately $15.00 difference on the shared ERU. 33 Item # 12 ADA Deficiencies @ Air Ops. Bldg. No longer applicable 34 Attachment number 1 Page 34 of 35 EXHIBIT "D" Item # 12 Attachment number 1 Page 35 of 35 Ite rl1 . ... ResDonsibilitv · Cut Grass in Normal Areas See Paqe 2 FBO Cut Grass in Special Areas As Needed City Keep Fence Line Trimmed See Paae 2 FBO Tree Trimmina As Needed City Taxiway Pavement As Needed City Runway Pavement As Needed City Shrubbery As Needed FBO Sians As Needed FBO CAP Buildinq As Needed CAP Storm Sewer System Annually City Storm Retention System Annually City Parkina Lot Pavement As Needed City Runway Pavement Markinqs As Needed City Drainaqe Swales Annually City Fire Extinauishers Annually FBO HVAC Annually FBO Plumbinq As Needed City Fliqht Operations Buildinq Paintinq (interior) 5 Years FBO Fliaht Operations Buildina Paintina (exterior) 7 Years City CaroeUFloor Cleanina Semi-annually FBO New T-Hanqar Drainaqe sumps Annually City Hard Stand Replacement/Repair As Needed City Sprinkler System/Pump Maintenance As Needed City Electrical Exterior As Needed City T-Hanqar Electrical As Needed City T-Hanqar Liqhtinq Exterior As Needed City T-Hanaar Liahtina Interior As Needed Tennant Shade Hanaar Liahtina As Needed City Shade Hanqar Electrical As Needed City Runway Liqhts As Needed FBO Exterior Liahts As Needed City T-Hanaar Door Lubrication As Needed City Perimeter Security Fencinq As Needed City Automatic Gates Semi- Annually City T-Hanaar Paintina As Needed City Shade Hanaar Paintina As Needed City FBO Buildinq Interior As Needed FBO FBO Buildinq Exterior As Needed City Maintenance Hanaar Interior As Needed FBO Maintenance Hanaar Exterior As Needed City Fuel System Above Ground As Needed FBO Fuel System Below Ground As Needed City Exhibit "E" CLEARWATER AIRPARK PLANNED MAINTENANCE PROGRAM 35 Item # 12 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Purvis Curbs of Largo, Florida and Grosz & Stamper Corporation of Tampa, Florida (Bid #35-07) for $200,000 each (for a total of $400,000) for materials and labor to install various concrete projects throughout the year and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing blanket purchase order with Purvis Curbs and Increations Inc. has been expended and a new contract with Pnrvis Curbs and Grosz & Stamper Corporation is being recommended in order to complete the many concrete projects that come up during the year in Parks and Recreation. A blanket purchase order in the amount of $200,000 is being requested for Purvis Curbs and $200,000 for Grosz & Stamper in that we often have times when several concrete jobs occur simultaneously and we need the availability of more than one contractor. Purvis Curbs and Grosz & Stamper were the two lowest bidders. Parks and Recreation has an annual capital improvement project for the replacement of damaged sidewalks and concrete hardscapes in parks. Some of the projects for the next year may include but not be limited to Crest Lake, Countryside Community, Del Oro, Ed Wright, Moccasin Lake and Woodgate. In addition, there are several individual CIP's that might require new concrete work, i.e. Armory, Enterprise Road Dog Park, Momingside, Bicycle Trails, etc. Staff recommends approval of these blanket purchase orders. A copy of the bid tabulation is available in the Official Records and Legislative Services Department for review. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: None $400,000 $400,000 2006 to 2008 Annual Operating Cost: Total Cost: $400,000 $400,000 Appropriation Code 0315-93204-550400-572- 0000000 Bid Required?: Other Bid / Contract: Amount $400,000 Appropriation Comment Yes 35-07 Bid Number: Bid Exceptions: None Cover Memo Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manfl:tem6#q~k 7) City Manager 8) Clerk Attachment number 1 Page 1 of 4 W I- (j)...J I-u.. 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(/) W 0::: (:) a:l o ~ Item # 13 Attachment number 1 Page 3 of 4 Item # 13 Attachment number 1 Page 4 of 4 Item # 13 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve establishing a new Capital Improvements Project (CIP 315-93265) entitled Clearwater Beach Library/Recreation Center Renovations, for a total budget of $490,000 and approve the transfer of $390,000 of unappropriated retained earnings of the general fund at third quarter. (consent) SUMMARY: . During the 2007/08 budget discussions and with input from citizens, the City Council directed staff to consolidate the operations of the Beach Library and the Clearwater Beach Recreation Center into one facility. . The Beach Library's lease at "Pelican Walk" expires at the end of September and staff is working to develop a plan to temporarily house the library in a trailer at the Recreation Center site at 69 Bay Esplanade until the permanent renovations inside the center can be made. . In order for staff to begin the renovation process a new Capital Improvement Project (CIP 315-93265) and funding needs to be approved. . Staff is recommending that the total budget for the project be a maximum of $490,000. There is a limit of $390,000 that can be used for the building construction due to FEMA regulations. The remaining $100,000 will be used to pay for all other items not associated with the building construction which could include landscaping, parking lot improvements, stormwater improvements, rental of temporary trailer, furnishings for the permanent library space, etc. The $100,000 will be reimbursed from a library grant from the Pinellas Public Library Cooperative. The $390,000 to be funded from unappropriated retained earnings of the general fund at third quarter. . A Design Committee has been formed to include two residents from the Clearwater Beach Association. . Design is anticipated to be completed by October 31,2007; the project awarded in December, 2007; and construction to be completed by May 1, 2008. Parks and Recreation will own the facility and be responsible for maintaining it. No additional FTEs will be required to operate this facility. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Transfer from unappropriated retained earnings of the general fund at third quarter. Current Year Cost: n/a Not to Exceed: $490,000 For Fiscal Year: 2007 to 2008 Appropriation Code Amount 315-93265 $390,000 315-93265 $100,000 Annual Operating Cost: Total Cost: n/a $490,000 Appropriation Comment Transfer from unappropriated retained earnings of the general fund at third quarter. Reimbursement from Library Grant from the Pinellas Public Library Cooperative. Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 14 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a new Capital Improvement Project (CIP 315-93257) entitled Joe DiMaggio Sports Complex Field House DemolitionlRenovation; approve the transfer of $150,000 of unappropriated retained earnings of the general fund and $146,000 of operating savings in the Parks and Recreation operating budget at third quarter for a total budget of $296,000; approve a contract (07- 0003-PR) to Sonny Glasbrenner of Clearwater, Florida for the demolition of the field house for the sum of $169,345 and approve a change order deduct in the amount of $41,140 for a net contract amount of $128,205 and authorize the appropriate officials to execute same. (consent) SUMMARY: . Joe DiMaggio Complex Field House, 2450 Drew Street, Clearwater, Florida was constructed by St. Petersburg College (SPC) in 1960. In early 2000 the College did not use the field house as originally designed and became interested in partnering with the City for the operation of the field house and surrounding fields. The City and Clearwater For Youth developed the fields on the property with the City providing all grounds maintenance. . The City operated the field house as a recreation center for approximately 3 years but due to other priorities moved resources and closed the center in 2004. The City purchased the field house and a total of just over 5 acres from the College in 2004. . This facility is now over 50 years old and expensive repairs are needed in order to continue operating the facility. The demolition of the building will allow the City the opportunity to put the area to better use. . The Engineer's estimate of probable cost for the demolition contract was $150,000 and 11 competitive bids were received. All required asbestos surveys and environmental audits have been completed. Asbestos was found in the roofing and will be removed as part of this contract. In addition, a change order deduct is being recommended to remove the sodding of the areas disturbed. . Staff will sprig the area at a later time with Bermuda grass to provide athletic field reuse at the conclusion of this project.Staff is recommending funding for this project come from unappropriated retained earnings of the general fund in an amount of $150,000 and $146,000 of operating savings in the Parks and Recreation operating budget that will be transferred from various operating codes at third quarter into a new CIP project, Joe DiMaggio Sports Complex Demolition/Renovation, 315-93257. . This project will start as soon as possible after award and execution of contract, and is scheduled to be completed within 60 calendar days. Upon completion of all demolition activities the remaining funds in the project will be used for staff and others to grade, irrigate, sprig and fence the site for use as additional sports fields. No additional operating costs will be required as the fields will not be lighted and staff is available and currently on site maintaining this property. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Need to create a new CIP to remove the existing structure and renovate the land for productive uses. Current Year Cost: Not to Exceed: For Fiscal Year: $296,000 $296,000 2006 to 2007 Annual Operating Cost: Total Cost: $12,000 $318,000 Cover Memo Appropriation Code 315-93257 Amount $150,000 Appropriation Comment Unappropriated retained earnings of the general fund Item # 15 315-93257 $146,000 Various operating codes Bid Required?: Yes Bid Number: 07-0035- PR Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Parks and Recreation 5) Office of Management and Budget 6) Legal 7) Clerk 8) City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 15 >: .... :.. :< ::. .. ~ o III '" ~~~~ ~ . ~!!! ~ ~ ... <( '. .. > '. . .'. .. .... :: :) d ,: .> ..: , Cl z Z W a. o o iii I- Z :J o ... :;: .. <( . . '. W U ii1 a. I- Z :J :: I- Z :J ... 0 :;: :..: <( ... ... ~ : ~ I- Z :J I- Z :J o :;: <( W U ii1 a. I- Z :J I- Z :J o :;: <( W U ii1 a. 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I- Z :J '" '" '" '" 0 0 0 0 000 0 0 0 0 000 0 0 0 0 000 I- 0 0 0 0 000 0 0 '" '" 0"'''' Z ",- 0 ",- ",- C")- o5~- :J N N '" ~ 0 :: 0 ~ N :;: " <( '" '" '" '" "''''''' i.. 0 0 0 ~ 0 0 0 w 0 0 0 0 .!. u 0 0 0 0 0 '" 0:: ",- 0 ",- a. N N I- Z :J '" '" '" '" Item # 15 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve establishing a new Capital Improvements Project (CIP 315-93283) entitled Countryside Recreation Center Basketball Court Refurbishment, and approve the transfer of $70,000 of operating funds from the Parks and Recreation Department budget at third quarter. (consent) SUMMARY: The Countryside Recreation Center was constructed in the early 1990's and due to the lack of adequate funding several items including the reduction in the size of the center and elimination of a wood basketball court were eliminated. In May 2001, a 3,400 sf addition was completed at the recreation center to include additional programming/meeting space, restrooms and storage on the North side of the building. The basketball court is currently linoleum but due to wear and tear over the past 15 years and the need to have a safer and easier surface to maintain, staff is recommending the replacement of the floor with a new rubberized surface known as "Wood Flex" (6.7 millimeter, color maple). The new surface looks like wood and has a cushioned surface that will reduce injury to the participants. It also requires less maintenance and upkeep. Staff is recommending that $70,000 of surplus operating funds from the FY 2006-07 budget be transferred at third quarter to create a new capital improvement project 315-93283 to resurface the basketball court. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Requesting transfer of $70,000 from operating funds at third quarter to establish CIP. Current Year Cost: Not to Exceed: For Fiscal Year: $70,000 $70,000 2006 to 2007 Annual Operating Cost: Total Cost: $70,000 Appropriation Code 315-93283 Amount $70,000 Appropriation Comment transfer at third quarter Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 16 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve acceptance of a FY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $103,971 from the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA)(consent) SUMMARY: On June 7, 2007, the City Council approved the submission of the Police Department's grant application for federal grant funding in the amount of $103,971. On August 16,2007, the Police Department received official notification from USDOJ/BJA that the JAG grant had been awarded. The Police Department is now seeking City Council approval to accept the grant, which will provide funding for the following equipment: consoles for equipment in police cruisers; two digital voice recorders for use in vice and narcotics; and, eleven laser/radars for use by the traffic enforcement team. There is no cash match or additional personnel associated with this grant. Special Project No. 181-99271 has been established to account for the grant expenditures. Appropriation Code 181-99271 Amount Appropriation Comment Review Approval: 1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 17 ., '" -~~-" I .11I1 ... I AI"" I . " - . Attachment number 1 Page 1 of-9 ;<: -- ... __ RYl ...11:' \1 . I.l II " =- .. II " II . n I J; .~. ;:; .. 11 t. = .. .. 1"1 l" - " I I m'l!" 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'. - I II( .: _-= r- ..... _ : " ,- ~ - - - · - 'I · II - - -- "" 1 II " I. - -'- - . " ~ J . = . /1- - I rJ -- . II - - I . -J iil'.I Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order to McKim & Creed to provide engineering design and permitting services for the Turner Street Box Culvert for the sum of $296,897.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: . The purpose of the Turner Street Box Culvert is to reduce flooding and replace failing City infrastructure. . The Glen Oaks project is downstream of the Turner Street project and Lake Bellevue is upstream. . Glen Oaks and Lake Bellevue are designed to detain water during significant rainfall and the Turner Street project will let the water from the area between the projects flow into Glen Oaks and reduce flooding . The Public Services/Stormwater Utility Department will maintain the box culvert when construction is complete. . Resolution 06-52 was passed on October 5, 2006; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-52. . Sufficient budget for interim financing or funding with 2008 Stormwater Revenue bond proceeds when issued is available to fund this work order in C.LP. 0380-96144, Stevensons Creek Implementation projects. Type: Current Year Budget?: Budget Adjustment Comments: See funding statement Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: Yes $296,897.00 $296,897.00 2006 to 2007 Annual Operating Cost: Total Cost: $296,897.00 Appropriation Code 0380-96144-561200-539- 000-0000 Amount $296,897.00 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 I I ST ~~~ Browns~~D~~~D::; I ~'v''r~ 0:: z >- "j'V W W f- ~GROVC ~ z"" ST I ~ I D~D~D~ CLEVELAND ST gU D~D 0 D ~~D>-[5... ~~... ~OW ~ <( W ~ rlL ~ ~ ... ~r--lf- ;:;: (') > ~ uz:. >L-J(f) ST PIERCE ~D-z. ST <( fl PIERCE \ DST= WE] 5 Q f- ~ ~ ~O 6 ~c>~K~ ~ [QJ::; O~ . ./ Evergreen Place ~ D ~8 ~...J 1Jj (f) <<<l:' 0 :<. ~ ~ ~ ~ ~ ~~ i: FRANKLIN ST (') <( :2: CIR <( f- 0:: z:2: GOULD ST ~ OCOURT o..~<S'r ~ I II '\ .,-""li LSSANTA ROSA '" BROWNELL ST , o c:rl COUR' SO S.U' SROC 01 1 PINE 01 1 ODD ODD DR OD~D ODD ST ~D~O~ ~~D D D ~nld:1590 L:=J <( IGROVE c~r D~I TURNER I iu ~il IG)" is!! :d! jl ST Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com W ;:;: 0:: o W ;:;: >- 0:: <( :2: W ;:;: ST o <( :2: jZ. ! i : ! I . . J , ,-,-,;'i~/ /". "'.i .' . <""> / ~~!.~..~,/ 0''';/ .;./ .,' /~+-// '-"4,0/ .-.....*'''. RD W ;:;: 0:: 0 Z W W :.:: 0:: 0:: (') <( 0:: :2: W > W M I ~I _ W il JASMINEI~I '1 MAG"OUA III (f) WAY 0:: o W ;:;: DR 0:: W f- (f) W I o ~I (f) LOTUS PATH LOT JEFFORDS I I ST I W ;:;: N W~E TURNER STREET BOX CULVERT JHH 2968 Reviewed By: TM Scale: N.T.S. 22-295-15e Date: I ~1@718 Drawn By: s Grid # S-T-R Attachment number 2 Page 1 of 9 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED, P A WORK INITIA nON FORM DATE: August 24, 2007 City Project No: OS-0042-EN M/C Project No: 00992- 1. PROTECT TITLE: Turner Street Box Culvert 2. SCOPE OF WORK: SUMMARY The City of Clearwater (City) is planning to implement Project 6B, the Turner Street Box Culvert, as identified in the Stevenson Creek Watershed Management Plan Final Report (report) completed in 2001. The purpose of the project is to provide for the flood protection level of service as defined in the report. As the report indicates, the project design will consist of up sizing a 54 inch diameter culvert to a 5 foot by 9 foot concrete box culvert, beginning from the existing detention pond located behind an apartment complex eastward to Missouri Avenue. From that location, the box culvert would increase in size to 6 foot by 11 foot, and proceed northward to Turner Street, eastward crossing Missouri Avenue, and terminate at the Glen Oaks Park Stormwater Detention Facility. The total length of the improvements is approximately 1,800 feet. McKim & Creed will provide preliminary and final design engineering services, and will assist the City team in the bidding of the project. Following award of the contract to the successful bidder, the City has requested that McKim & Creed, P A assist them with limited construction services to the extent that McKim & Creed will certify that the project was constructed in accordance with the design and permitted intent. It is understood that the City will manage the construction project and provide full- time construction observation for the estimated 12-month, 52-week construction duration. SCOPE OF WORK Phase 1 Preliminary Design 1.1 Conduct a project Kick-Off Meeting with City Staff to review project goals, scope of work, project schedule, and administrative issues. 1.2 Review the City's preliminary design and determine its appropriateness. McKim & Creed staff will interview City staff in order to retrieve pertinent anecdotal information, and confirm system requirements; review the stormwater report, existing data, topographic survey, and any other pertinent data. 1.3 Review existing utility locations, easement and right-of-way access along routes to identify potential conflicts that will require resolution. Review the existing City survey that should include location of sanitary sewer, force mains, storm drains and inlets, and Item # 18 Attachment number 2 Page 2 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 2 water mains, including invert elevations of sanitary sewers, storm drains and inlets. Other utility information will be obtained from specific utility companies or through locate services. Upon request, the City will provide additional survey for areas that require additional surface information, or other areas not included on the existing City survey. McKim & Creed will coordinate with the City, utility companies and Clearwater Gas to identify existing utilities along the project route and submit 30% design drawings to them requesting mark-ups of their facilities. 1.4 Provide a Geotechnical Engineering study and environmental assessment. 1.5 Develop a draft and final project design memoranda that will include a description of the project; overview of existing information and discovery; preliminary Engineer's opinion of probable construction cost; and recommendations. This task will include submittal of three (3) sets of Draft Design Memorandum and six (6) sets of the Final Design Memorandum. 1.6 30% design drawings will be developed and included with the draft design memorandum. The drawings will include: cover sheet, legend and abbreviations per City standards, key sheet, demolition plans indicating existing improvements, utilities, and topography, and identification of trees to be removed, grading, paving, and draillage plan sheets indicating preliminary layout and grading of the proposed improvements, existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, typical cross sections, and Engineer's preliminary opinion of probable construction cost, based on the 30 % submittal. 1.7 Review existing stormwater computer model and provide comments regarding the model in the design memoranda. 1.8 Conduct quality assurance and quality control procedures for the draft design memorandum and 30% drawings submittals in accordance with McKim & Creed's QA/QC Policy. This work includes: senior level review by a professional familiar with this type of work, but not directly involved with the project; documentation that review comments were addressed; and incorporation of client comments. McKim & Creed's QA/QC Policy is available upon request. 1.9 Conduct a review meeting with the City to discuss the draft design memorandum and 30% drawings submittals. Provide meeting highlights and distribute to attendees. 1.10 Attend preapplication meetings with the Southwest Florida Water Management District (SWFWMD) or the Florida Department of Environmental Protection (FDEP), the Florida Deparbnent of Transportation, Pinellas County Health Deparbnent (if required) and the City of Clearwater Development Review Committee (DRC) to discuss the project and determine permitting requirements. Item # 18 Attachment number 2 Page 3 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 3 1.11 Assist the City in the preparation of forms for SWFWMD or FDEP funding verification, including the Engineer's Certification of Disbursement Request. Phase 2 Final Design 2.1 60% Design A. Provide a written summary of City design memorandum comments that will be incorporated into the 60% design, and justification for the exclusion. B. Develop General Notes related to best management practices, utilities, and other conditions relevant to the project; updated layout; and plan and profile drawings. C. Typical pavement sections shall include typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas. D. Develop roadway, stormwater, and structural design and details. E. Update utility locations based on responses from companies and begin utilities relocation plan details. Develop utility relocation and adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required. F. Review construction activities that will require specific traffic control planning and develop the Maintenance of Traffic (MOT) design required during the project. G. Conduct subsurface investigations (SUE) if conditions warrant, and to locate specific subsurface features where potential conflicts may exist along the routes of the proposed culverts. The work will include designating all utilities within a 20 foot wide 1,800 foot long strip along the proposed route of the new culvert. McKim & Creed will vacuum excavate a maximum of ten (10) test holes to either locate non-tonable (non-metal) utilities during the designation process or to verify a designated utility in potential conflict as directed by the Engineer of Record. McKim & Creed will survey and plot the location of the found utilities in CAD. H. Update engineer's opinion of cost and construction schedule. I. QA/QC internal technical review as described in 1.8 above for this design stage. J. Conduct a review meeting with the City to discuss comments developed by City staff. 2.2 90% Design A. Provide a written summary of City design memorandum comments that will be incorporated into the 60% design, and justification for the exclusion. B. Update construction drawings and add special details and notes. C. Develop technical specifications and contract documents with the City's Standard Contract Documents and form of construction contract. Prepare Supplemental Conditions, Bid Form, and Measurement and Payment sections. D. Complete roadway, stormwater, and structural design and details. Item # 18 Attachment number 2 Page 4 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 4 E. Prepare and obtain Right-of-Way utilization permits for work proposed within FDOT rights-of-way and Pinellas County rights-of way, and respond to agency comments. Apply for and obtain permits from the Southwest Florida Water Management District (SWFWMD) or Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT), Pinellas County Health Department, and the City of Clearwater, and attend pre- application meetings with the identified entities. All permit fees are included. F. Update engineer's opinion of cost and construction schedule. G. QA/QC internal technical review as described in 1.8 above for this design stage. H. Conduct a review meeting with the City to discuss comments developed by City staff and respond in writing to the City. 2.3 100% Design A. Provide a written summary of City design memorandum comments that will be incorporated into the 90% design, and justification for the exclusion. B. Update contract documents, drawings and specifications. C. Update engineer's opinion of cost and construction schedule. D. QA/QC internal technical review as described in 1.8 above for this design stage. E. Conduct a review meeting with the City to discuss comments developed by City staff and respond in writing to the City. 2.4 Issue for Bid Documents A. Provide a written summary of City design memorandum comments that will be incorporated into the 100% design, and justification for the exclusion. B. Update construction drawings, contract documents, and technical specifications for advertisement and bidding. C. Update engineer's opinion of cost and construction schedule. 2.5 Prepare and submit three (3) sets of drawings for City review at the 60%, 90% and 100% complete stages of the design with the technical specifications and contract documents included with the 90% and 100% submittals. Submit one (1) bound signed and sealed set of drawings and contract documents plus five (5) bound copy sets, and one (1) unbound set of each for City reproduction. Phase 3 Bidding Services 3.1 Attend a Pre-Bid Conference to reVIew project requirements with prospective Contractors. 3.2 Respond to questions concerning this project, Issue clarifications to the contract documents and prepare addenda as necessary. Phase 4 Limited Construction Services Item # 18 Attachment number 2 Page 5 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 5 4.1 Attend a Pre-Construction conference with the Contractor and City staff to review project requirements, coordination, communication protocol, and scheduling issues. 4.2 Prepare conformed Contract Documents (drawings and construction contract manual) that will include addenda items, and submit six (6) sets to the Contractor and three (4) sets to the City. These documents will be marked "Conformed" and dated. Submit one (1) compact disk (CD) containing the AutoCAD files of the conformed documents. 4.3 Provide shop drawing review and approval for the specified materials for the project. Maintain a log with status of submittals, submittal and approval dates, and provide the City with the Contract Documents' specified number of submittals and copies of all correspondence. 4.4 Respond to Contractor's Request for Information (RFI), review of changed conditions and changes in the work required as requested by the City's Construction Manager. 4.5 Attend up to two (2) monthly progress meetings per month for twelve (12) months with City staff and Contractor to review project status and facilitate coordination of activities. 4.6 Conduct periodic and as needed site visits for an average of 6 hours per week for 52 weeks (365 calendar days) of construction observer participation. Maintain reports of weekly activities for the project record. The intent of McKim & Creed staff site visits is to acquire directly supervised knowledge of construction activities that are required for project certification through SWFWMD and for record drawing preparation, and to assist City staff when issues arise that require engineering support. McKim & Creed will also provide site visits during walkthroughs of completed areas and for review of punch list items developed by the City. 4.7 McKim & Creed will prepare and submit the Statement of Completion and Request for Transfer to Operation Entity (SWFWMD Form 547.27/S0C) following project completion. 4.8 McKim & Creed will prepare Record Drawings of improvements based on Contractor and City supplied marked-up drawings showing any deviation from the construction drawings, and field visits by the Engineer of Record or their designee. McKim & Creed will provide the Record Drawings on CD in AutoCAD file format and one original, signed and sealed copy of the Record Drawings to the City. 10% Task Allowance The City has requested that a task allowance be included in this Work Initiation Form in order to accommodate a need for additional funds that is unforeseen, but may arise. This task may be used to modify any portion of the above scope of services, or for Item # 18 Attachment number 2 Page 6 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 6 additional work associated with this project that the City deems necessary. Work within this task may commence only with written authorization from the City. 3. PROTECT GOALS - WORK PRODUCTS: 1. Submit three (3) sets each for 30, 60, 90, 100%, and Issue for Bid documents. 90%, 100% and Issue for Bid documents will include contract documents with technical specifications, and be provided to the City of Clearwater electronically on compact disk (CD) in the format described below. 2. Submit three (3) sets of the Draft Design Memorandum and six (6) sets of the Final Design Memorandum. 3. Submit the Engineer's Opinion of Probable Construction Cost at the 30%, 60%, 90%, 100% design and for the Issue for Bid submittal. 4. Develop and distribute review meeting highlights at the 30%, 60%, 90%, 100% stages of design. 5. Pay permit fees and submit five (5) sets of drawings to SWFWMD or FDEP, FDOT and Clearwater DRC. 6. One (1) signed and sealed set, five (5) bound copies and one unbound copy for City reproduction and selling of the Issue for Bid Contract Documents. 7. Provide six (6) sets of Conformed Contract Documents to the Contractor and four (4) sets to the City. 8. Prepare and submit approved shop drawings. 9. Respond to RFIs. 10. Project observer's logs of site visits. 11. Attend progress meetings, develop a final project punch list and attend walkthroughs. 12. Statement of Completion and Request for Transfer to Operation Entity (SWFWMD Form 547.27/S0C). 13. Submit two (2) signed and sealed sets of Record Drawings to the City, FDOT and SWFWMD. CITY RESPONSIBILITIES: 1. City of Clearwater will provide existing topographic survey and update as required by McKim & Creed, P A for design and permitting 2. City of Clearwater will provide all pertinent existing data including the storm water model and other existing data pertaining to the project and proposed construction area 3. provide full-time construction observation services. 4. Conduct bi-weekly construction progress meetings. 5. Review Contractor's requests for payment. 6. Compare requests for payment with work completed. 7. Conduct construction activities coordination between appropriate persons. 8. Schedule and coordinate final inspections with the Contractor. 9. Prepare and approve the punch list items Item # 18 Attachment number 2 Page 7 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 7 10. Identify Substantial Completion and Final Completion as defined in the Construction Contract Documents and develop punch lists. City will develop punch list items they have documented. 11. Notify McKim & Creed of these important contractual milestones so that McKim & Creed's construction observer and Engineer of Record may participate during these project inspection periods. 12. Provide McKim & Creed with copies of the City's construction observer's daily reports for information and use in order to prepare Record Drawings and project certification with SWFWMD. 4. BUDGET The Preliminary and Final Design Phase and the Bidding Phase services will be performed on a Lump Sum basis by Phase in accordance with the Engineer of Record contract. The fees for the various tasks are outlined below. Phase 1 - Preliminary Design $59,098.00 Phase 2 - Final Design $127,064.00 Phase 3 - Bidding Services $ 9,566.00 TOTAL $195,728.00 The Limited Construction Services Phase services will be performed on a not-to-exceed Hourly basis in accordance with the labor rates identified in the Engineer of Record contract. The fees for the various tasks are outlined below. Phase 4 - Limited Construction Services 10% Task Allowance $ 74,178.00 $ 26,991.00 $296,897.00 Total Contract Hourly breakdown of phases are in Attachment "B". 5. SCHEDULE We will complete the design tasks as outlined in the schedule below based reCeIVIng authorization from the City on or before September 10, 2007: Weeks From Authorization to Proceed Phase 1 - Preliminary Design Phase 2 - Final Design Phase 3 - Bidding Services Phase 4 - Limited Construction Services Final Project Closeout and Record Drawings Submittal 8 36 43 98 100 A more detailed project schedule will be provided to the City within two weeks of the Notice to Proceed. Item # 18 Attachment number 2 Page 8 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 8 6. ST AFF ASSIGNMENTS: City: Melvin Maciolek (Project Manager) McKim & Creed: Daniel Glaser, PE (Project Manager); Andy Greenwood, PE (EOR); Sam Wajeeh (Senior Engineer); Everette Knight, PE (QA/QC); Mitch Chiavaroli, PE (QA/QC); Bill Egan, PE (Structural); Juan Hincapie (Project Engineer); and Ryan Brady, EI (Project Engineer). 7. CORRESPONDENCEIREPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to Daniel Glaser, PE. All City correspondence shall be directed to Melvin Maciolek. 8. INVOICINGIFUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Engineer of Record Contract. Invoices will be transmitted to the City of Clearwater, Attn: Marty Pages, Administrative Analyst, Engineering, P.O. Box 4748, Clearwater, FL, 33758-4748. Charge this work to City Code No: 0380-96166-561200-539-000-0000 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. I hereby certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents that I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: CITY: Michael D. Quillen, PE City Engineer McKim & Creed: A. Street Lee, PE Vice President Item # 18 Attachment number 2 Page 9 of 9 CITY OF CLEARWATER - Turner Street Box Culvert August 24, 2007 Page 9 Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater CAD standards are used, the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address >- All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 18 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt a City Council policy regarding Roadside Memorials. SUMMARY: . This Policy provides a mechanism whereby residents that have lost loved ones in traffic accidents, bicycle accidents or pedestrian accidents can memorialize the loved one for a specified time. . The time period is 60 days in residential areas and one year in non-residential. . The memorials will be designed, installed and maintained by Clearwater Traffic Operations. . The cost to the applicant will be $300.00. . Requests for memorials to be placed in residential areas must include written permission from of the resident whose property is abutting the right-of-way where the memorial is to be placed. . This policy will be consistent in most details with the Pinellas County policy and FDOT policy. . A copy of this policy and the application form is on file at the Office of Official Records and Legislative Services for review. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 u ROADSIDE MEMORIAL PROGRAM CRITERIA . Any person that has died as a result of a motor vehicle, pedestrian or bicycle crash on segments of roadways within incorporated Clearwater City Limits is eligible to have a memorial sign erected in his or her honor. . Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by completing and mailing the Memorial Marker Request Form below. Requests may be made by immediate family members or friends. All forms must be signed by a family member. . Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. The time limit is 60 days in residential areas. . Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement - the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. The applicant will incur all costs of the sign. . Please return completed forms to: City of Clearwater Traffic Operations 100 S. Myrtle Avenue Clearwater, FI 33756 Date Requested ROADSIDE MEMORIAL SIGN APPLICATION u Name of person requesting sign Relationship to Deceased Street Address E-mail Address City State Zip Code Daytime Phone Number Date of Crash Location of Crash Name of Deceased Safety Message requested on sign: o Drive Safely o Don't Drink & Drive o Share The Road o Buckle Up o Watch The Road o Stay Alert o Be Safe - Be Seen o Cross Safely o Watch For Motorcycles o Watch For Bicycles o Watch For Pedestrians o Stop For School Buses o Drive Courteously o Speeding Kills o Drive Defensively o Stop On Red Family Member Authorization Signature Relationship to Deceased Item # 19 Attachment number 2 Page 1 of 2 City of Clearwater Roadside Memorial Marker Program Policy Statement Purpose: The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within maintained right-of-way on segments of roadway in incorporated Authority: The , Traffic Division, is responsible for the implementation of the Roadside Memorial Marker Program. Effective Date: The policy will apply to fatalities occurring after January 1, 2005. Scope: The installation of a roadside memorial marker will be processed in accordance with the following: 1. Request Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of by filling out a Memorial Marker Request Form. The form will be available online from the website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased's immediate family. 2. Installation Memorial markers will be designed, constructed and installed by the . The Traffic Division will be responsible for designing the sign and ensuring proper and safe placement - the exact location will be at the discretion of the Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Item # 19 Attachment number 2 Page 2 of 2 Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written perm ission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. 3. Time Period Memorial markers will be allowed to remain in place for after installation unless earlier removal is necessitated by construction activities. the sign will be removed by forces. 4. Sign Design The memorial marker shall be a 15" diameter aluminum sign with a white background and black letters. The sign message will state 'Drive Safely - In memory', and the family will have the option of adding the deceased's name to the sign. As an option, the can offer an alternate safety message to the 'Drive Safely' legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be 'Don't Drink and Drive', 'Buckle Up', 'Slow Down', etc. The sign will be mounted at a height of 3.5' (42") from the ground to the top of the sign. 5. Cost will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. Item # 19 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A. (EOR), to provide professional engineering services for the design, permitting and bidding for Skycrest Reclaimed Water Project (07-00l3-UT), and that the appropriate officials be authorized to execute the same. (consent) SUMMARY: The City of Clearwater is expanding its reclaimed water system to serve its residents with water for irrigation and other non-potable uses as outlined in the 2007 Reclaimed Water (RCW) Master Plan Re-Evaluation dated May 2007. The next proposed project area for development has been identified as the Skycrest neighborhood, located south of Overlea Street to Gulf to Bay (SR 60), and west of Belcher Road to Saturn Avenue. There are two (2) design projects contained within the Skycrest Reclaimed Water Project (L695). The first portion of this project includes the design, permitting and bidding of a new RCW storage tank and pump station to be centrally located within the City to enable the RCW system to meet peak demands. The second portion includes the design, permitting and bidding of approximately 17,300 linear feet of transmission piping and 52,500 linear feet of distribution piping. The RCW system is to be served by a new interconnect transmission system, which will connect the City's eastern RCW system to its western RCW system. As such, the system will also interconnect the City's three (3) wastewater treatment plants thus increasing the ability to move RCW to areas of high demand and dispose of plant effluent. There are approximately 700 single-family residential customers in the Project's distribution service area. Nearly 500 residential irrigation customers are anticipated to connect to the system, of those, 450 customers are using potable water. It is estimated this will save 0.17 mgd (million gallons per day) of potable quality water. Eight (8) commercial customers including Clearwater Golf Park and David Martin Baseball Complex are also anticipated to connect. In addition to the Skycrest portions of the project, this Project also includes minor distribution piping around the City such as Countryside High School and to cooling towers at the Pinellas County Government Complexes in Clearwater. The remaining commercial customers are churches, commercial properties, common areas and others within the Skycrest service area. It is estimated that these commercial customers will save more than 0.06 mgd of potable quality water. Design and permitting for the new RCW storage tank and pump station is estimated to start in September 2007 and finish in September 2008. It is anticipated that this project will be sent out for bid in October 2008. Design and permitting for the new RCW transmission and distribution piping is estimated to start in November 2007 and finish in January 2009. It is anticipated that this project will be sent out for bid in February 2009. There are sufficient budgets and revenues in the Capital Improvement Program project 0315-96739, Reclaimed Water, in the amount of $675,940.13 and Utility R&R Program project 0327-96739, Reclaimed Water, in the amount of $161,131.87 to fund this work order. over emo Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Item # 20 Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $837,072.00 $837,072.00 2006 to 2007 Annual Operating Cost: Total Cost: $837,072.00 Appropriation Code 0327-96739-561300-533- 000-0000 0315-96739-561300-533- 000-0000 Bid Required?: Other Bid / Contract: Amount $161,131.87 $675,940.13 No Appropriation Comment Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 10 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED, P.A. WORK INITIATION FORM DATE: August 10, 2007 City Project No: 07-0013-UT M/C Project No: 0992-0187 1. PROTECT TITLE: Skycrest Reclaimed Water System (SWFWMD L695) 2. SCOPE OF WORK: SUMMARY The City of Clearwater is expanding its reclaimed water system to serve its residents with water for irrigation and other non-potable uses as outlined in the 2007 Reclaimed Water (RCW) Master Plan Re-Evaluation dated May 2007. The next proposed project area for development has been identified as the Skycrest neighborhood, located south of Overlea Street to Gulf to Bay (SR 60), and west of Belcher Road to Saturn Avenue. The reclaimed water system is to be served by a new interconnect transmission system which will connect the City's eastern reclaimed water system to its western system. As such, the system will also interconnect the City's three wastewater treatment plants thus increasing the ability to move reclaimed water to areas of high demand and dispose of plant effluent. This project's pipeline effort includes the design of approximately 17,300 linear feet of transmission piping and 52,500 linear feet of distribution piping. To meet peak demands, the project also includes the construction of a new RCW storage tank and pump station to be centrally located within the City. For the purpose of this scope, the City owned property containing the reverse osmosis plant has been selected as the location for the new station and tank. There are approximately 700 single-family residential customers in the Project's distribution service area. Nearly 500 residential irrigation customers are anticipated to connect to the system, of those, 450 customers are using potable water (224 have separate lawn meters and 42 are using deep wells). It is estimated that they will use 0.33 million gallons per day (mgd) of reclaimed water to offset 0.17 mgd of potable quality water. Eight commercial customers including Clearwater Golf Park (6,400 gallons per day (gpd) flow; 4,800 gpd offset water use permit (WUP) #011816), David Martin Baseball Complex (6,400 gpd flow; 4,800 gpd offset) are also anticipated to connect. In addition to the Skycrest portions of the project, this Project also includes minor distribution piping around the City such as Countryside High School (60,000 gpd flow; 6,000 gpd offset WUP #007980), and to cooling towers at the Pinellas County Government Complexes in Clearwater (6,000 gpd flow; 6,000 gpd offset). The remaining commercial customers are churches, commercial properties, common areas and others within the Sky crest service area. It is estimated that these commercial customers will use approximately 0.08 mgd of reclaimed water to offset more than 0.06 mgd of potable quality water. PW070202 Item # 20 Attachment number 1 Page 2 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 2 This scope of work also includes updating the City's existing RCW hydraulic model to reflect the redirection of the system expansion as outlined in the RCW Plan Re-Evaluation dated May, 2007. This will be developed as an extended period simulation (EPS) model to assist with the design of the transmission system and required storage volume to offset the diurnal variations between RCW production and demands. The scope of work to be provided is outlined as follows: SCOPE OF WORK Phase 1 Hydraulic Modeling 1. Review existing model pipeline components against those installed by reviewing record drawings and City Atlas Maps, and through coordination with the City to truth the RCW infrastructure. Update model as required to reflect existing conditions. 2. Update the hydraulic model to reflect the expansion of the RCW system as outlined in the RCW Master Plan Re-Evaluation. 3. Develop diurnal curves based on actual RCW production and demands utilizing historical data obtained through the City's SCADA system. Project the flows and demands into the future based on population growth for wastewater, and development of the City's RCW system as outlined in the RCW Master Plan Re-Evaluation. 4. Incorporate the RCW system controls into the hydraulic model to simulate the operation protocols of the City's RCW system. The system controls allow for the EPS to occur and includes opening and closing discharge valves, filling and draining tanks, starting and stopping pumps, etc. 5. Utilize the updated hydraulic model and EPS capabilities to simulate current and future operational scenarios to optimize system storage, discharge, transmission and pumping requirements. 6. Prepare Technical Memorandum, which outlines the results of the model findings and includes a preliminary budget cost estimate for the recommendations associated with effluent discharge. Phase 2 Preliminary Design Services 1. Meet with City Staff to review project goals, scope of work, project schedule, funding mechanisms and administrative issues. PW070202 Item # 20 Attachment number 1 Page 3 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 3 2. Update/finalize customer demands for the Skycrest service area. 3. Update the hydraulic model of the reclaimed water system to add the proposed Skycrest service area. The model will address the hydraulic design of the distribution system serving this area. 4. Review the Skycrest Neighborhood Traffic Calming 90% Plans as they relate to the RCW project including: potential conflicts, construction interference, and RCW distribution needs for landscaping at traffic calming locations. 5. Perform detailed routing analysis for transmission and distribution mains including review of existing utility locations along routes to identify potential conflicts that will require resolution. 6. Identify the various permits required for the construction of these proposed facilities (i.e. Florida Department of Environmental Protection (FDEP), South West Florida Water Management District (SWFWMD), Army Corp of Engineering (ACOE), Florida Department of Transportation (FDOT), City of Clearwater, and Pinellas County). 7. Review construction activities that will require specific traffic control planning during the project. 8. Outline operational control scheme of the booster pump station and storage tank and its incorporation into the City's existing reclaimed water systems. 9. Provide conceptual layout of the booster pump station and storage tank. 10. Prepare a preliminary cost estimate for the project based on the system components to be constructed as part of this phase. 11 . Prepare a Basis of Design report to outline the system design parameters, final routing, and system service area. The report will also outline the permitting requirements and constraints on the project that will need to be addressed. This report will also be used to submit to SWFWMD as required by the cooperative funding agreement. 12. Meet with City and SWFWMD personnel to discuss the project requirements and the findings in the Basis of Design Report. Phase 3 Final Design Services 1. Perform topographic surveying (lIz right-of-way) for pipeline routes generally described as follows: Sharkey Road, Marilyn Street, Gilbert Street, Airport Drive, North Duncan Avenue, Ridge Street, Maple Street and the residential roadways in the Skycrest Neighborhood identified in the attached revised Figure 4-2 from the RCW Master Plan Re- PW070202 Item # 20 Attachment number 1 Page 4 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 4 Evaluation. Where available, the City's existing survey developed for its Skycrest Neighborhood Traffic Calming Project will be utilized. Survey (lIz right-of-way) will also be conducted along Pierce St. and Osceola Ave for connection of the Pinellas County Government Complex Water Cooling Towers to the RCW system and either along McMullen Booth Rd. or Allen Ave. for connection of Countryside High School to the RCW system. Perform topographic site survey of the location of the proposed booster pump station and storage tank. Surveys will include tree drip lines to assist with the project's tree root pruning requirements and will be supplemented by the latest City aerials. 2. Conduct a subsurface investigation of the conditions along the routes of the proposed reclaimed water transmission and distribution piping as well as at the proposed booster pump station and storage tank site. The investigation will include approximately (43) hand auger borings to lO-ft depth every 1,500 along the transmission and distribution system alignment, (12) Standard Penetration Tests (SPT) borings to 60-ft at the location of major crossing where horizontal direction drilling or bore-n-jack technologies may be utilized, (6) SPT borings at the location of the reclaimed water storage tank and pump station and up to two (2) Double Ring Infiltration Tests (DRIT) and (2) SPT borings at the proposed location of the stormwater pond(s). A final geotechnical report will be provided to the City and included as an appendix in the Contract Documents. 3. Coordinate with utility companies and Clearwater Gas to identify existing utilities along the project route. 4. Conduct subsurface utility engineering (SUE) at potential utility conflict areas. A total of 110-test holes have been budgeted for this project. Location of the test holes will be shown on the construction plans with a corresponding table showing the results of the test holes including test hole number, utility type, depth to top of pipe, pipe diameter and pipe material. 5. Prepare plan and profile drawings of the proposed transmission pipelines including details and requirements. Prepare plan drawings of the proposed distribution pipelines. Prepare plans of connections and special details for the construction including the connections to be performed at Old Coachman Road and within the Clearwater County Club Golf Course. Develop geometric requirements for the directional drill pipe installations or bore-n-jack installations at Belcher Road, Old Coachman Road, Hercules Avenue, and Highland Avenue. Develop maintenance of traffic (MOT) plans for the Contractor's activities in road rights-of-way. 6. Prepare civil, landscape, architectural, structural, mechanical, electrical, instrumentation and HV AC drawings and details for the booster pump station and storage tank. The booster pump station design will be similar in design to the recently constructed Del Oro and Union Street Stations and will consist of a single story concrete masonry unit (CMU) building with wood trusses and shingle roof. The building will consist of one (1) electrical room, one (1) pump room and (1) chemical room to house commercial grade sodium PW070202 Item # 20 Attachment number 1 Page 5 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 5 hypochlorite. The electrical room will be air-conditioned and the remaining rooms will be mechanically ventilated. A single over head bridge crane system will be supported by interior pilasters to assist with pump installation and removal. The design will include an external skid mounted emergency back-up generator with Modbus communication capabilities, fuel tank, and automatic transfer switch. Specifications for the equipment would be provided to the City for pre-purchase. Specifications will also be developed for the bid package providing direction to the contractor on the equipment installation and testing. 7. The instrumentation drawings for the local and remote monitoring and control of the mechanical equipment will include Spread Spectrum communications hardware and programmable logic controllers (PLC) equipment that is consistent with the City's current system. 8. Develop technical specifications for the equipment, materials, and installation of the pipeline, booster pump station and storage tank. Coordinate the specifications and other contract requirements with the City's Standard Contract Documents and form of construction contract. 9. Prepare and submit plans and technical specifications at the 60%, 90% and 100% complete stages of the design for the pump station and storage tank, and pipeline projects. It is anticipated that the transmission main will include a 30% submittal so that the alignment can be agreed upon by City Departments prior to developing the profiles. 10. Conduct review meetings with the City at milestone stages of the project and prepare and distribute meeting minutes to maintain communications between the project team. Due to scheduling, it is anticipated that the review meetings for the pump station and pipeline designs will not occur simultaneously. 11. Respond to milestone review comments by the City and incorporate appropriate revisions into the project. 12. Prepare and update the estimate of probable construction costs for the project at each submittal stage to keep the City informed of the anticipated costs for the project. 13. Prepare separate contract documents for the two projects using City standard contract forms. Prepare Supplemental Conditions, Bid Form and Measurement and Payment sections. It is anticipated that the booster pump station and storage tank will be bid separately from the pipeline. 14. Coordinate with the SWFWMD to insure the project complies with requirements of the Cooperative Funding Agreement.u PW070202 Item # 20 Attachment number 1 Page 6 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 6 15. Assist the City in preparing and presenting one project presentation to the Skycrest Neighborhood residents in a public meeting. 16. Respond to one review by the City's consultant for the Skycrest Neighborhood Traffic Calming project in regards to the traffic calming plans. Coordinate RCW distribution design with traffic calming design. 17. Attend two meetings that the City's Traffic Calming Engineer will conduct with the Skycrest Neighborhood Traffic Calming Tech Team. Phase 4 Permitting Services 1. Conduct pre-application meetings with FDOT and Pinellas County Public Works to discuss requirements of the proposed pipeline construction within their Right-of-Way (ROW). Prepare ROW utilization permits for work proposed within FDOT and Pinellas County ROW. No fees are anticipated for these ROW permits. Address requests for additional information (RAI) as needed. 2. Conduct pre-application meeting with SWFWMD. Prepare applications and submit on behalf of the City for joint Environmental Resource Permits (ERP) for the project including ACOE, SWFWMD and FDEP as applicable. ERPs are only anticipated for the wetland area on Marilyn Street and at the proposed booster pump station and storage tank location. Permit fees will be the responsibility of the City. Address RAIs as needed. 3. Conduct pre-application meeting with the development review board having jurisdiction over the selected booster pump station location. Submit required documents for flexible development review of booster pump station site. Address RAIs as needed. 4. Prepare applications and submit to the Building Department having jurisdiction over the selected booster pump station location. Obtaining permit and payment for the processing and review fee to be the responsibility of the Contractor. Address RAIs as needed. Phase 5 Bidding Services 1. Prepare contract documents for the booster pump station/storage tank and pipeline improvements and provide 25 copies of each project to the City for their use in bidding. 2. Attend two (2) Pre-Bid Conferences to review each project's requirements with prospective Contractors. 3. Respond to contractor's Request for Information (RFI) concernmg the projects as necessary. PW070202 Item # 20 Attachment number 1 Page 7 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 7 4. Issue clarifications through addendum by revlsmg specifications and drawings as necessary. The City will be responsible for distributing the addenda. 3. PROTECT GOALS - WORK PRODUCTS: 1. Hydraulic Model Technical Memorandum with Preliminary Budget Estimate (5 copies). 2. Final updated RCW Model on CD ROM (1 copy). 3. Basis of Design Report with Budget Cost Estimate (5 copies of draft and final). 2. Progress Drawings, Technical Specifications and updated cost estimates at 60%, 90% and 100% submittals (5 Copies each). The transmission main will also include a 30% progress drawing submittal (5 Copies). 3. One signed and sealed set of construction documents for City's file. 4. Final Geotechnical Report (2 copies) 5. Final Design Documents and Contract Documents for pipeline work and pump station construction (25 copies each). An electronic copy (CD) of the final Issue for Bid will be delivered to the City. 6. ERP, FDOT and Pinellas County ROW Permits and Building Permit. 4. BUDGET The services outlined herein will be performed on a Cost Times Multiplier Basis in accordance with the Engineer of Record Contract. The fees for the various tasks are outlined below: Phase 1 - Hydraulic Modeling $29,922 Phase 2 - Preliminary Design $38,790 Phase 3 - Final Design $708,032 Phase 4 - Permitting Services $39,152 Phase 5 - Bidding Services $21,176 TOTAL $837,072 PW070202 Item # 20 Attachment number 1 Page 8 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 8 5. SCHEDULE The design tasks will be completed as outlined in the schedule below based on receiving authorization from the City on or before September 6, 2007: Hydraulic Model Report Basis of Design Report October, 2007 November, 2007 Pump Station 60% Design 90% Design 100% Design Permits February, 2008 April,2008 May,2008 September, 2008 Pipeline 30% Design (Transmission) 60% Design 90% Design 100% Design Permits February, 2008 June, 2008 August, 2008 October, 2008 January, 2009 A more detailed project schedule will be provided to the City within two weeks of the Notice to Proceed. 6. STAFF ASSIGNMENTS: City: McKim & Creed: Robert Fahey, Robert Maue, Tracy Mercer, Jerry Wells, Jeff Lowe, David Wehner, Johna Jahn, Steve Schrock 7. CORRESPONDENCEIREPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to David Wehner. All City correspondence shall be directed to Robert Maue with copies to Robert Fahey. 8. INVOICINGIFUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Please invoice per task and City code number as specified below. PW070202 Item # 20 Attachment number 1 Page 9 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 9 Invoices are to be mailed to the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Engineering, P.O. Box 4748, Clearwater, FL, 33758-4748. City Invoicing Code: 0327-96739-561300-533-000-0000 $161,131.87 0315-96739-561300-533-000-0000 $675,940.13 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further reVISIOn and/or submittal of plans, computations, or other project documents which I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: Michael D. Quillen, P.E. City Engineer McKim & Creed: A. Street Lee, P.E. Vice President CITY: PW070202 Item # 20 Attachment number 1 Page 10 of 10 CITY OF CLEARWATER - Skycrest Reclaimed Water System (SWFWMD L695) August 10, 2007 Page 10 Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. I. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email addresstom.mahony@clearwater-fl.com y All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. PW070202 Item # 20 ATTACHMENT Bn PROJECT BUDGET CITY OF CLEARWATER SKYCREST RECLAIMED WATER SYSTEM PRIN PROJ SR PROJ SR CAD ADMIN TOTAL MGR PE ENG DES 1 1.1 Truth Existinq Model 2 16 18 1.2 Review Existing Model 2 16 18 1.3 Develop Diurnal Curves and Projections 2 16 18 1.4 Develop Model Control Codes (EPS) 2 16 24 42 1.5 Model Senarios 2 16 80 98 1.6 Technical Memorandum 2 2 24 8 36 1.7 QA/QC 2 2 8 4 16 TOTAL PHASE 1 4 14 40 180 - - 8 246 ......~..... <~!!?"'liI" 2.1 Conduct Kick Off Meetinq 2 2 4 2 10 2.2 Customer Demand Calcs 2 8 10 2.3 Update/Confirm Hydraulic Model 2 4 8 14 2.4 Routinq Analysis 2 4 4 10 2.5 Review 90% Traffic Calminq Plans 2 8 24 40 74 2.6 Identify Permit Requirements 2 8 10 2.7 Traffic Control Requirements 2 8 10 2.8 Operational Control Scheme 2 2 2 6 2.9 Basis of Desiqn Report 2 8 4 40 8 16 8 86 2.10 Preliminary Cost Estimate 4 12 24 40 2.11 QAQC 2 4 8 6 4 8 32 2.12 City/SWFWMD Meetinq 2 4 2 2 10 TOTAL PHASE 2 12 42 18 124 76 20 20 312 ......~..... 3.A Pump Station 3.A-1 Topographic Surveys 4 4 4 2 ,:;~'av";' _<., I q 3.A-2 Subsurface Investiqation 4 4 2 -". 10 3.A-3 Site Development 4 4 2 10 3.A-4 Utility Coordination 4 4 8 4 20 3.A-5 60% Design 2 16 6 40 62 84 210 3.A-6 90% Desiqn 2 16 6 32 42 64 162 3.A-7 100% Desiqn 2 16 6 24 32 42 122 3.A-8 Cost Estimates 12 4 18 24 58 3.A-9 Technical Specs 12 4 40 20 76 3.A-10 QA/QC 2 12 24 8 12 16 74 3.A-11 Review Meetinq w/City 2 8 6 4 20 3.A-12 Respond to City Comments 8 12 12 4 36 TOTAL PHASE 3.A 10 116 50 196 164 222 54 812 3.B Transmission Main 3.B-1 Topographic Surveys 6 4 8 2 20 3.B-2 Subsurface Investiqation 6 4 2 12 3.B-3 Subsurface Utility Enqineerinq 6 8 2 16 3.B-4 Utility Coordination 6 8 24 12 50 3.B-5 30% Design 4 20 8 60 80 120 292 3.B-6 60% Desiqn 4 20 8 80 120 160 392 3.B-7 90% Desiqn 4 20 8 40 60 120 252 3.B-8 100% Desiqn 4 20 8 32 40 80 184 3.B-9 Cost Estimates 16 6 24 32 78 3.B-10 Technical Specs 16 6 24 8 54 3.B-11 QA/QC 4 16 32 8 16 16 92 3.B-12 Review Meetinq w/City 4 8 8 4 24 3.B-13 Respond to City Comments 8 12 16 4 40 TOTAL PHASE 3.B 24 168 76 312 340 536 50 1,506 ber 2 PRIN PROJ SR PROJ SR CAD ADMIN TOTAL MGR PE ENG DES 3.C Distribution 3.C-1 Topoqraphic Surveys 6 4 8 2 20 3.C-2 Subsurface Investigation 6 4 2 12 3.C-3 Subsurface Utility Enqineerinq 6 8 2 16 3.C-4 Utility Coordination 6 8 24 12 50 3.C-5 60% Desiqn 4 20 8 82 124 168 406 3.C-6 90% Design 4 20 8 62 84 128 306 3.C-7 100% Desiqn 4 20 8 34 44 88 198 3.C-8 Cost Estimates 16 6 24 36 82 3.C-9 Technical Specs 16 6 24 8 54 3.C-10 QA/QC 4 16 24 8 16 16 84 3.C-11 Review Meetinq w/City 4 8 6 4 22 3.C-12 Respond to City Comments 4 12 16 4 36 3.C-13 SWFWMD Coordination 4 4 4 2 14 3.C-14 Public Meeting 4 8 8 8 8 36 3.C-15 Respond /Coordinate w/Traffic Calminq 8 4 8 8 2 30 3.C-16 Traffic Calminq Meetinqs 8 4 2 14 TOTAL PHASE 3.C 28 172 60 296 296 448 64 1,380 4: 4.A Pump Station 4.A-1 Pre-Application Meetinqs 4 4 2 10 4.A-2 Prepare/Submit Applications 2 4 8 4 8 8 34 4.A-3 RAls 4 8 8 16 16 52 TOTAL PHASE 4.A 2 12 - 20 12 24 26 96 4.B Pipeline 4.B-1 Pre-Application Meetings 4 4 2 10 4.B-2 Prepare/Submit Applications 2 4 8 4 16 8 42 4.B-3 RAls 4 8 8 24 16 60 TOTAL PHASE 4.B 2 12 - 20 12 40 26 Attachmenl1r1l2r It-'age L or ~ 5 5.A Pump Station 5.A-1 Prepare Contract Documents 2 2 2 6 5.A-2 Pre-Bid Conferences 4 2 6 5.A-3 Respond to Questions 4 4 8 16 5.A-4 Issue Addenda if Required 4 8 4 16 TOTAL PHASE 5.A - 8 - 12 8 10 6 44 5.B Pipeline 5.B-1 Prepare Contract Documents 4 4 4 12 5.B-2 Pre-Bid Conferences 4 2 6 5.B-3 Respond to Questions 4 12 16 32 5.B-4 Issue Addenda if Required 8 16 4 28 TOTAL PHASE 5.B - 8 - 26 16 20 8 78 TOTAL HOURS 4,586 ber 2 TOTAL $ 35,210.00 Subconsultants $ 2,580.00 $ 1,000.00 $ 38 790.00 Pum $ 83,944.00 Subconsultants $ 69,400.00 $ 5,000.00 $ 5,000.00 $ 3,100.00 $ 166,444.00 Pi $ 292,088.00 $ 165,000.00 $ 41,000.00 $ 35,000.00 $ 8,500.00 $ 541588.00 Pum $ 8,776.00 Subconsultants $ 11,300.00 $ 2,000.00 $ 22,076.00 Pi $ 9,976.00 Subconsultants $ 5,500.00 ber 2 Subconsultants Pi $ 7,628.00 $ 2,700.00 $ 10,328.00 TOTAL $ 837,072.00 Engineering Subconsultants includes Architectural, Structural, HVAC, Plumbing, Electrical, Instrumentation and Environmental Attachment number 3 [!] Existing City Water Treatment Plant . 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I~~ fFS -1 -=:J == i= =- c= '== til/ 5 F FA ~ _L 1/ 1 )N L ,,,(i f Skycrest Reclaimed ~ Item # 20 August 2C Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Establish written procedures to provide for and encourage public participation in the planning process, including consideration of amendments to the Comprehensive Plan and Evaluation and Appraisal Reports and Pass Resolution 07-14. SUMMARY: . Chapter 163 of the Florida State Statutes, and Chapter 9J-5 of the Florida Administrative Code provide that the local governing body and the local planning agency shall adopt written procedures to provide for and encourage public participation in the planning process, including consideration of amendments to the Comprehensive Plan and Evaluation and Appraisal Reports. . The Planning Department is in the process of writing the EAR -based amendments to the Comprehensive Plan and needs to adopt written procedures for public participation as part of this process. . The proposed procedures are typical for public participation in planning and are designed to meet the needs of the City of Clearwater and it's citizens. . The Community Development Board reviewed this proposed resolution at its regularly scheduled meeting on July 17, 2007 and supported the proposed process. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 2 RESOLUTION NO. 07-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, TO ESTABLISH WRITTEN PROCEDURES TO PROVIDE FOR AND ENCOURAGE PUBLIC PARTICIPATION IN THE PLANNING PROCESS INCLUDING CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN AND EVALUATION AND APPRAISAL REPORTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163 of the Florida State Statutes, and Chapter 9J-5 F.A.C. provide that the local governing body and the local planning agency shall adopt written procedures to provide for and encourage public participation in the planning process, including consideration of amendments to the Comprehensive Plan and Evaluation and Appraisal Reports, and; WHEREAS, Community Development Board is designated as the Local Planning Agency for the City of Clearwater; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater Community Development Board is hereby designated as the committee responsible for overseeing the development of the Comprehensive Plan, as well as amendments to the Comprehensive Plan and Evaluation and Appraisal Reports; Section 2. That the following procedures are hereby adopted: (1) Owners of real property shall be put on notice, through advertisement in a newspaper of general circulation in the area, of official actions that will affect the use of their property; (2) The general public shall be kept informed through informational articles in a newspaper of general circulation in the area, as well as advertisement in a newspaper of general circulation in the area, of official actions that will affect the citizenry; or the City may from time to time appoint a citizen committee that shall hold public informational or fact-finding meetings that are open to the general public; (3) Written comments on all subjects pertaining to the development of written plans, including the Comprehensive Plan, consideration of amendments to the Comprehensive Plan, and Evaluation and Appraisal Reports shall be encouraged. An address to forward written comments shall be provided in Item # 21 Attachment number 1 Page 2 of 2 meeting notices and news releases. The Planning Department or the Community Development Board shall respond to written comments at public meetings. (4) Public hearings shall be held pertaining to the development of written plans, including the Comprehensive Plan, consideration of amendments to the Comprehensive Plan, and Evaluation and Appraisal Reports; (5) Public comments shall be encouraged in written materials and at public informational meetings or at public hearings; such public comments shall be considered and responses will be made at public meetings or public hearings or in written documents; (6) Executive summaries of comprehensive plans may be made available to the general public; (7) The City will make efforts to, while the planning process is ongoing, release information at regular intervals to keep its citizenry apprised of planning activities; (8) All informational items used and produced by the Community Development Board shall be made available for public review at the Planning Department, at the Official Records and Legislative Services Department, or on the City's website. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 21 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC) and the City of Clearwater (previously DV A2004-00005 approved by City Council on January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade )and adopt Resolution 07-17. (DV A2007 -0002) SUMMARY: The existing properties total 9.77 acres (hotel site 7.36 acres [3.69 acres zoned Tourist District; 3.67 acres zoned Open Space/Recreation District; residential site 2.41 acres) and is located on the west side of Mandalay A venue between San Marco and Ambler Streets. On July 17,2007, the Community Development Board approved with 12 conditions a Flexible Development application to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42-slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, for property located at 69 Bay Esplanade (FLD2007 -02003). The proposed Development Agreement sets forth public/private obligations. The City recognizes the economic and aesthetic benefits that will result from private development. The Development Agreement provides a five-year term for the lease, with the City's option for five successive renewal terms of five years each and includes the following main provisions: S Revises and replaces Section 5.03(10) of the Development Agreement, due to the change in ownership of the submerged land where the boat docks are proposed. Previously, the Development Agreement assumed State ownership of the submerged land, requiring a sovereignty submerged land lease from the State of Florida. Both the adopted Development Agreement and the proposed amendment provides for: 1. the developer to pursue, at the developer's expense, permits to construct the docks; 2. an agreement between the City and the developer to permit the developer to construct the boat docks, at the developer's sole expense, and lease a revised number of slips (27) from the City, with the remaining revised number of slips (15) to be utilized by the City. These number of slips to be leased to the developer is a maximum 67% of the total number of slips; 3. the developer to pay all maintenance and repair costs; 4. the use of the boat slips leased by the developer be limited to owners, tenants and guests of the Sandpearl project; 5. the developer to provide a shuttle service from Sandpearl to the boat docks; and 6. the assignment of leases for the boat slips to project owners. The amended Development Agreement includes the following: 1. the use of the boat slips leased by the developer be expanded to include Beach Club members and other owners aed te!1'}pts that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clear~~t~r'B'~y~ on the north by Rockaway Street and on the south by Papaya Street; and Item # 22 2. the assignment of leases for the boat slips to also include Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street. S Replaces Exhibit N (boat docking facilities site plan), based on the site plan submitted under FLD2007-02003, which reduces the total number of slips from 57 to 42 slips and reduces the actual percentage of slips leased to Sandpearl to 64.3 percent (27 slips). S Replaces Exhibit N -1, which provides for the lease agreement provisions, including the following (many provisions are the same or are similar under both the adopted Development Agreement and the proposed amended Development Agreement): 1. the scope of the project with the number of slips to be constructed; 2. the hours of operation of the City controlled slips (5 am to midnight); 3. the ability to operate a fireboat or other boats operated by the City or governmental agencies for public purposes; 4. the ability to install gates or other access controls; 5. the restriction to utilize only low profile pilings and/or tie poles, the disallowance of any covered boat slips, the disallowance of any boat lifts in 40-foot or larger slips, a restriction as to the number of slips allowing boat lifts (no more than 13 or 50 percent of the slips if less than 27 slips) and the disallowance of refueling of any vessels; 6. the ability to install water and electric lines to both developer controlled and City slips, including lighting; 7. the developer to provide and pay for all maintenance and repair costs; 8. the use of the developer boats slips by owners, tenants and guests of the Sandpearl project, as well as Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 9. the provision of a shuttle service from Sandpearl to the boat slips; 10. the assignment of a Sandpearl employee to respond to problems at the boat docks on a 24 houri 7 day per week basis, but does not require on-site security; 11. the developer to prepare and submit for approval for all permits and to bear all costs to prepare such applications and all permit and regulatory fees or charges; 12. sets out the annual rental to the City of the developer's leased area; 13. provides for the City share of common expenses and sets a cap to the amount of the City's share of the common expenses; 14. provides for commencement of construction within one year of receiving all permits; 15. provides for a five-year term for the lease, with the City's option for five successive renewal terms of five years each; and 16. provides for City ownership of the docks at the end of the all lease and renewal options, or the ability for the City to pay a cost for the design, permitting and construction of the docks for City use for all slips at any lease renewal period. Please refer to the staff report (DV A2007 -00002) for the complete staff analysis. The Community Development Board (CDB) reviewed this Development Agreement at its public hearing on July 17,2007, and unanimously recommended approval. The Development Agreement has been amended since the CDB meeting to reflect a need to define "low profile pilings and/or tie poles," which was discussed by the CDB. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 22 CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Addresses: Attachment number 1 Page 1 of 4 July 17,2007 DV A2007-00002 El The Sandpearl Resort LLC and The Residences at Sandpearl Resort LLC E. D. Armstrong III. Esq., Johnson, Pope, Bokor. Ruppel & Bums, LLP 470 and 500 Mandalay Avenue and 11 Baymont Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING/ LAND USE: PROPERTY SIZE: PROPERTY USE: ADJACENT ZONING/ LAND USES: Review of, and recommendation to the City Council, of an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC) and the City of Clearwater (previously DV A2004-00005 approved by City Council on January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade). Tourist (T) District; Resort Facilities High (RFH) Category 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned Tourist District; 3.67 acres zoned Open Space/Recreation District]; residential site 2.41 acres) Current Use: Mixed use (253 overnight accommodation units at 68.56 units/acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units/acre on residential/retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105 on residential/retail portion of site). Proposed Use: Mixed use (253 overnight accommodation units at 68.56 units/acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units/acre on residential/retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105 on residential/retail portion of site). North: Tourist District; Restaurant, overnight accommodations and retail sales East: Tourist and High Density Residential Districts; Retail sales, restaurants and attached dwellings South: Tourist District; Restaurant, retail sales and attached dwellings West: Open Space/Recreation District; Beach and Gulf of Mexico Community Development Board - July 17, 2007 DV A2007-00002 - Page 1 of 4 Item # 22 Attachment number 1 Page 2 of 4 CHARACTER OF THE IMMEDIA TE VICINITY: The surrounding area includes tourist-dominated uses, including overnight accommodations, restaurants, retail sales and services and attached dwellings. ANAL YSIS: Site Location and Existing Conditions: The existing properties total 9.77 acres (hotel site 7.36 acres [3.69 acres zoned Tourist District; 3.67 acres zoned Open Space/Recreation District; residential site 2.41 acres) located on the west side of Mandalay Avenue between San Marco and Ambler Streets. The properties previously were developed with overnight accommodation uses and retail sales uses. These previous uses were demolished and a new hotel with 253 rooms is nearing completion north of Baymont Street and 119 attached dwellings and 11,000 square feet of retail sales floor area are under construction south of Baymont Street. The surrounding area is intensely developed with restaurants, motels, retail sales and services and attached dwellings. On December 14, 2004, the Community Development Board approved Flexible Development Case No. FLD2004-09068 for this property to construct a mixed use (253 overnight accommodation units at 68.56 units/acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units/acre on residential/retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105 on residential/retail portion of site). The City Commission approved a companion Development Agreement on January 20,2005 (Case No. DV A2004-00005). These development proposal approved included 141 rooms from the Density Pool, the hotel at a height of 95 feet, two residential towers at heights of 150 feet and 48.5 feet and the vacation of Beach Drive. The Development Agreement also provided for the establishment of docks at the Clearwater Beach Recreation Center site for a maximum of 57 slips, of which 19 slips were to be public slips and 38 slips to be leased to the Sandpearl project. Proposal: The proposed amended Development Agreement amends the previously approved 2005 Development Agreement to replace in its entirety Section 5.03(10) relating to the Boat Docking Facilities, replaces Exhibit N (boat docking facilities site plan) and replaces its entirety Exhibit N-l relating to the boat docking facilities agreement. The reason for this amended Development Agreement is it was determined that the City owns fee simple the submerged land in the boat basin where the docks are proposed. As a result of this change in circumstances, revisions to the agreement in Exhibit N-l were necessary. Additionally, due to the actual design of the boat docks (see FLD2007-02003 also on the July 17, 2007, CDB agenda), the site plan is being revised. The actual number of slips to be constructed has been reduced to a total of 42 slips, of which 15 slips are to be public slips and 27 slips to be leased to the Sandpearl project. The amended Development Agreement sets forth the following main provisions: . Revises and replaces Section 5.03(10) of the Development Agreement, due to the change in ownership of the submerged land where the boat docks are proposed. Previously, the Development Agreement assumed State ownership of the submerged land, requiring a sovereignty submerged land lease from the State of Florida. Both the adopted Development Agreement and the proposed amendment provides for: 1. the developer to pursue, at the developer's expense, permits to construct the docks; 2. an agreement between the City and the developer to permit the developer to construct the boat docks, at the developer's sole expense, and lease a revised number of slips (27) from the City, with the remaining revised number of slips (15) to be utilized by the City. These number of slips to be leased to the developer is a maximum 67% of the total number of slips; 3. the developer to pay all maintenance and repair costs; Community Development Board - July 17, 2007 DV A2007-00002 - Page 2 of 4 Item # 22 Attachment number 1 Page 3 of 4 4. the use of the boat slips leased by the developer be limited to owners, tenants and guests of the Sandpearl project; 5. the developer to provide a shuttle service from Sandpearl to the boat docks; and 6. the assignment ofleases for the boat slips to project owners. The amended Development Agreement includes the following: 1. the use of the boat slips leased by the developer be expanded to include Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; and 2. the assignment of leases for the boat slips to also include Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street. . Replaces Exhibit N (boat docking facilities site plan), based on the site plan submitted under FLD2007-02003, which reduces the total number of slips from 57 to 42 slips and reduces the actual percentage of slips leased to Sandpearl to 64.3 percent (27 slips). . Replaces Exhibit N-l, which provides for the lease agreement provisions, including the following (many provisions are the same or are similar under both the adopted Development Agreement and the proposed amended Development Agreement): 1. the scope of the project with the number of slips to be constructed; 2. the hours of operation of the City controlled slips (5 am to midnight); 3. the ability to operate a fireboat or other boats operated by the City or governmental agencies for public purposes; 4. the ability to install gates or other access controls; 5. the restriction to utilize only low profile pilings andlor tie poles, the disallowance of any covered boat slips, the disallowance of any boat lifts in 40-foot or larger slips, a restriction as to the number of slips allowing boat lifts (no more than 13 or 50 percent of the slips ifless than 27 slips) and the disallowance of refueling of any vessels; 6. the ability to install water and electric lines to both developer controlled and City slips, including lighting; 7. the developer to provide and pay for all maintenance and repair costs; 8. the use of the developer boats slips by owners, tenants and guests of the Sandpearl proj ect, as well as Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 9. the provision of a shuttle service from Sandpearl to the boat slips; 10. the assignment of a Sandpearl employee to respond to problems at the boat docks on a 24 houri 7 day per week basis, but does not require on-site security; 11. the developer to prepare and submit for approval for all permits and to bear all costs to prepare such applications and all permit and regulatory fees or charges; 12. sets out the annual rental to the City of the developer's leased area; 13. provides for the City share of common expenses and sets a cap to the amount of the City's share of the common expenses; 14. provides for commencement of construction within one year of receiving all permits; 15. provides for a five-year term for the lease, with the City's option for five successive renewal terms of five years each; and Community Development Board - July 17, 2007 DV A2007-00002 - Page 3 of 4 Item # 22 Attachment number 1 Page 4 of 4 16. provides for City ownership of the docks at the end of the all lease and renewal options, or the ability for the City to pay a cost for the design, permitting and construction of the docks for City use for all slips at any lease renewal period. The Community Development Board has been provided with the most recently negotiated Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. The Community Development Board is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on June 7, 2007. The Planning Department recommends APPROVAL, and recommendation to the City Council, of an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC) and the City of Clearwater (previously DV A2004-00005 approved by City Council on January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade) for the sites at 470 and 500 Mandalay Avenue and 11 Baymont Street, with the following bases: Bases for Approval: 1. The amended Development Agreement is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. 2. The amended Development Agreement complies with the standards and criteria of Section 4-606. 3. The amended Development Agreement implements and formalizes the requirements for the construction of off-site improvements under the related site plan proposal (FLD2007-02003). 4. The amended Development Agreement is in compliance with Beach by Design. Prepared by: Planning Department Staff: Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S:\Planning DepartmentlC D BIFLEX (FLD)IPending cases I Up jor the next CDBIDV A2007-00002 Mandalay 500 Sand pearl Resort (T) - 7.17.07 CDB - WWIMandalay 500AmendedDev. Agree. StaffReportfor 7.17.07 CDB.doc Community Development Board - July 17, 2007 DV A2007-00002 - Page 4 of 4 Item # 22 Attachment number 2 Page 1 of 43 AMENDMENT TO DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER This is an amendment ("Amendment") to the Development Agreement for Property in the City of Clearwater dated January 26, 2005 ("Agreement") between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and The Sand pearl Resort, LLC, a Florida limited liability company, formerly known as CBR Development I, LLC and The Residences at Sand pearl Resort, LLC, a Florida limited liability company, formerly known as CBR Development II, LLC (collectively the "Developer"). The Agreement is recorded in Official Records Book 14089, at Pages 314 through 451, of the Public Records of Pinellas County, Florida. WITNESSETH: WHEREAS, the City and Developer entered into the Agreement which include Section 5.03(10) provisions as to development of shared Boat Docking Facilities in the Boat Basin (as described in the Agreement); WHEREAS, subsequent to the execution of the Agreement it was determined that the submerged land in the Boat Basin was owned in fee simple by the City; WHEREAS, as a result of this change in circumstances, the parties have agreed to certain revisions to the agreement between the City and the Developer attached to the Agreement as Exhibit N-1 ("Boat Dock Agreement") and to the Agreement; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et seq. Fla Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on , 2007, the City Council approved this Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the members of Developer have approved this Amendment and have authorized the undersigned individuals to execute this Amendment on its behalf; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. Capitalized Terms. Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement. 2. Amendment to AQreement. The Agreement is amended as follows: a. Section 5.03(10) is deleted in its entirety and replaced with the following subsection: Amendment to Development Agreement Page 1 ADOPTED Item # 22 Attachment number 2 Page 2 of 43 10. Boat DockinQ Facilities. The City owns certain real property including submerged lands within a boat basin immediately to the North of the Belle Harbor Condominium project ("Boat Basin"). The City agrees to grant to Developer the right to construct shared boat docking facilities ("Boat Docking Facilities") in the Boat Basin. Developer agrees to pursue, at Developer's expense, all required Permits for construction of boat slips (the "Boat Slips") in the Boat Basin as conceptually depicted on the attached Revised Exhibit N. In the event Developer is able to obtain the Permits for the Boat Slips, the City and Developer shall enter into an agreement in the form attached as Revised Exhibit N-1 ("Boat Dock Agreement") that will authorize the Developer to construct the new Boat Slips, at Developer's sole expense, and provide for Developer and its designated successors and assigns to have the right to utilize 27 of such Boat Slips during the term of the Boat Dock Agreement. The remaining 15 Boat Slips are to be utilized by the City pursuant to the terms of the Boat Dock Agreement. The Boat Dock Agreement will provide (i) for Developer to pay all maintenance and repair costs for the Boat Slips, (ii) for use of the Boat Slips to be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street; and (iii) for Developer to provide a shuttle service to the Boat Slips from the Project. Any sublease or assignment by Developer of rights to utilize the Developer Boat Slips shall be limited to such owners, tenants and guests as provided above and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. b. Exhibit N to the Agreement is deleted and replaced with the "Revised Exhibit N" attached to this Amendment. c. Exhibit N-1 to the Agreement is deleted and replace with the "Revised Exhibit N-1" attached to this Amendment. 3. Ratification. Except as modified herein, the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties. 4. Effective Date. As provided in s163.3239, Florida Statutes (2006), this Amendment will become effective after being recorded in the public records in the county and 30 days after having been received by the state land planning agency. Amendment to Development Agreement Page 2 ADOPTED Item # 22 Attachment number 2 Page 3 of 43 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this _ day of , 2007. THE CITY OF CLEARWATER Attest By: City Clerk By: Mayor Approved as to form and correctness , Esquire City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of _, 2007, by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City, D who are personally known to me or D who produced as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Amendment to Development Agreement Page 3 ADOPTED Item # 22 Attachment number 2 Page 4 of 43 THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership, Managing Member By: JMC Communities of Clearwater V, Inc. a Florida corporation, General Partner By: Name: J. Michael Cheezem Title: CEO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of _, 2007, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of The Sand pearl Resort, LLC, a Florida limited liability company, on behalf of the company, D who are personally known to me or D who produced as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Amendment to Development Agreement Page 4 ADOPTED Item # 22 Attachment number 2 Page 5 of 43 THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities II, Ltd., a Florida limited partnership, Managing Member By: JMC Communities of Clearwater VI, Inc. a Florida corporation, General Partner By: Name: J. Michael Cheezem Title: CEO STATE OF FLORI DA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of _, 2007, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater VI, Inc., a Florida corporation, the General Partner of CBR Communities II, Ltd., a Florida limited partnership, the Managing Member of The Residences at Sandpearl Resort, LLC, a Florida limited liability company, on behalf of the company, D who are personally known to me or D who produced as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Amendment to Development Agreement Page 5 ADOPTED Item # 22 1/tJ" ====-==, ~I ~ ~ \ II ~ ~~~ ~ '\\ II l:; ~~g ~ \). II ill ~~~ · % II "f. ~OI L \ II ~ ~ \ ~ \ ~ \ II II r ::!:;jI:/::oiI <f'~ 151-- ~"'O Olo,;'j ,l..t"=, "'....... ~!!I .. ::01 ~ f ~ ~ ~ ~" ~ ~ i ,rrll~S i )~a IJS d R ~ ~~ ~ ~~ Iii >;:, tt ~ <;; ~ n ~s. U I " II !;; mil .. 2! elll ~ ~i;~:: 1 ~ 5i II : :;;~II :Ii I II II II )1 r' e i 8 <1 I'l Attachment number 2 Page 6 of 43 REVISED EXHIBIT N II I i ~ '" ~....... ti: "'~"":b:"iI:IlJiI;S ~ ; ~ ~~~n~~ ~i~ ~ ~ ~;i~ii! ~~I ~ 5 ~i~i~" ::l~' '" "'~ !il~s '" tIl ~"'i!~ h~ ~~~~~ ~~: mu :4 t.~ G!~.~ ill. I "l IZ) '"!. a '=:12; z"r:l ~~ ~Ii:: ~~ ~~ ~~ :<l[;12 ~ ," "'. Amendment to Development Agreement Page 6 ADOPTED Item # 22 Attachment number 2 Page 7 of 43 !;~ ill ~ . ~ "~~I z;g [ I.., '" ~"'~ ~Q "';;l" ~~ ~il ,!. l !l)...'" r ~!:I ~ Ii: i~ ~ . ~ .. ! ~ '" ... ... ~ .., ~J '" I f "l. ~ [ ~ u: ~ -; r: ~~ ~ ~ ~ ~- !f L 1 1:' . ~ ~ i f~ '" ~ r ~ . ... 1 . ~ ri '!..-- I . I, c, OIl "! I .1~1 "I fr~ IJ ~ : ~ II ",' ~ ill [. ~ ~ ~ ., ~ ~~~ .... !ll; '" ~~~ ' fii :lo~ " <;; , '" ~ n ~ 9: .. c'" ~i :Ii ::I 2iel ... ~ i!i~ 1 j! :;;. ~ t: .. -. :;: ,t.....: . . ~ ".: :11 .11". ." . . .~ . . "."f!. . . -~ . . :i .. . . .~....~: ...~ . - ..: . - .:... li-.: .. -:Ji' j"... :.. .". L ....: ~'..~ . ~ .:4.. . . .... ~ ." :~. .:.. ".: . # . . .' .. ". f.i.-,i. "f!. : ".";. .... I ~ ~ -- """==--=::;....--~--:=:::;...-;::=.-~...........- Amendment to Development Agreement Page 7 ADOPTED Item # 22 Attachment number 2 Page 8 of 43 REVISED EXHIBIT N-1 AGREEMENT This Agreement (the "Agreement") is made as of this _ day of , 2007, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and THE SANDPEARL RESORT, LLC, a Florida limited liability company (the "Developer"). WITNESSETH: WHEREAS, the City of Clearwater and Developer have entered into a Development Agreement for Property in the City of Clearwater dated January 26, 2005 and Amendment to Development Agreement for Property in the City of Clearwater dated , 2007 (collectively the "Development Agreement"); WHEREAS, Section 5.03.10 of the Development Agreement provides for the City and Developer to enter into an agreement providing for the construction of shared boat docking facilities ("Boat Dock Facilities") within a boat basin ("Boat Basin') adjoining City owned upland property ("City Property"), which Boat Basin and Boat Docking Facilities are conceptually depicted on the attached Exhibit "A" ("Site Plan"); WHEREAS, the construction and use of the Boat Docking Facilities will further the objectives of the City and facilitate the development by Developer of the mixed use resort Project, as provided in the Development Agreement; WHEREAS, at a duly called public meeting on , 2007, the City Council approved this Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the members of Developer have approved this Agreement and have authorized the undersigned individual to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have the meanings given to such terms in the Development Agreement. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and Amendment to Development Agreement Page 8 ADOPTED Item # 22 Attachment number 2 Page 9 of 43 other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2005), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FACILITIES. 2.01. Finding of Public Purpose and Benefit. The proposed Boat Docking Facilities, including the design, construction, completion and use of the Boat Docking Facilities, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design, including the creation of the new quality hotel resort to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Boat Docking Facilities, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Boat Docking Facilities are contemplated to include a central pier, finger piers and associated pilings as conceptually depicted on the attached Exhibit "A", which will accommodate a maximum of 42 boat slips ("Boat Slips"). The Developer and its designated successors and assigns shall have the right to utilize exclusively 27 of the Boat Slips which are identified on the Site Plan ("Developer Slips") and the finger piers containing the Developer Slips ("Developer Piers"). The City shall have the right to control the use of the central pier, the 15 remaining Boat Slips ("City Slips") and the finger piers containing the City Slips. The City shall have the right to utilize the City Slips during the term of this Agreement for day docking or for any other purpose. Boats shall not be permitted to occupy the City Slips and no access shall be permitted to the City Slips during the period each night between midnight and 5:00 a.m., except in an emergency or as authorized by the City Harbor Master. The foregoing restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes ("Governmental Vessels"). 2. The Developer shall have the right to install gates or other access control improvements on the finger piers containing the Developer Slips and the right to install boat lifts in the Developer Slips ("Slip Improvements"). Developer shall also install gates on the finger piers containing the City Slips or on the central pier as directed by the City. Developer shall have the right to obtain at Developer's expense required access devices for 24/7 access to Developer Slips. The Boat Docking Facilities including Slip Improvements are subject to the following additional requirements and limitations: Amendment to Development Agreement Page 9 ADOPTED Item # 22 Attachment number 2 Page 10 of 43 (a) Only low profile pilings and/or tie poles shall be used in the Boat Docking Facilities. As used in this Agreement, the term "low profile" means having a height of four (4) feet or less above the height of the decking of the dock. (b) No covered Boat Slips are allowed. (c) No boat lifts are permitted on 40 foot or larger slips. (d) Boat lifts shall not be installed in more than 13 of the 27 Developer Slips or in more than 50% of the total Developer Slips if the number of Developer Slips is reduced from 27. (e) No fuel containers shall be transported across the central pier or finger piers, nor any refueling of any vessels be done at this facility. 3. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Developer shall also provide lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities shall not be provided by Developer to the City Slips, provided, that at the request of the City, utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels and City shall reimburse Developer for additional expenses incurred by Developer as to such utilities. 4. Developer shall provide and pay for all maintenance and repair costs for the Boat Docking Facilities. Developer shall also provide, at its expense, for all required trash removal from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash removal excluding utilities provided to Developer Slips are collectively referred to as the Common Expenses. Developer shall comply with the minimum maintenance standards as provided in the attached Exhibit "C". 5. Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. 6. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Developer shall also provide at the Project an employee assigned to respond to problems at the Boat Docking Facilities on a 24 houri 7 day per week basis. Neither the City nor Developer shall have any obligation to provide on-site security at the Boat Docking Facilities. Amendment to Development Agreement Page 10 ADOPTED Item # 22 Attachment number 2 Page 11 of 43 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Boat Docking Facilities and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Boat Docking Facilities are designed, constructed, completed and used as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01 Development Approvals and Permits. 1. Applications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all required permits ("Permits"), and all plans and specifications ("Plans and Specifications") necessary for the Boat Docking Facilities, and shall bear all costs of preparing such applications, applying for and obtaining such approvals and permits, including payment of any and all applicable application, inspection, and regulatory fees or charges. The City shall, to the extent possible, expedite review of all applications. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion and use of the Boat Docking Facilities. If requested by the Developer and authorized by law, the City will join file or in the filing of any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. Amendment to Development Agreement Page 11 ADOPTED Item # 22 Attachment number 2 Page 12 of 43 ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. 1. Responsibilitv for Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Boat Docking Facilities. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. DEVELOPMENT OF BOAT DOCKING FACILITIES. 5.01. Ownership of City Property. The City is the owner the City Property which is more particularly described in Exhibit "B" to this Agreement. 5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are to be constructed adjoins the City Property, is located on submerged lands owned by the City of Clearwater, and is depicted on the Site Plan attached as Exhibit "A". 5.03. Obligations of the City. 1. Lease of Boat Basin. This Agreement shall constitute a lease to Developer of the portion of the Boat Basin on which the Developer Slips and associated finger piers will be located (the "Leased Premises") together with the non-exclusive right to utilize the central pier and City Property for access to the Developer Slips. Developer shall pay City as rental for the Leased Premises, annual rental in the initial amount of $5,435.83 commencing on the date that the Boat Docking Facilities are completed and authorized for occupancy by the City ("Lease Commencement Date"). The annual rental shall be payable in arrears within ten (10) days after the first anniversary of the Lease Commencement Date and annually thereafter on or before each anniversary of the Lease Commencement Date. The annual rental shall be adjusted on the first day of each lease year in accordance with the annual increase in the consumer price index for urban wage earners and clerical wages for clerical workers for all items- U.S. City Average (cpi) published by the Bureau of Labor Statistics, United States Department of Labor (BLS), 1982-84-100. In the event the BLS shall cease to publish the CPI the City shall designate a comparable index for calculating increases in annual rental. The term of the lease shall be for the term of this Agreement as provided in Section 18.18 below. 2. Permits. The City will cooperate and coordinate with the Developer with regard to all Permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 4. City Share of Common Expenses. City shall pay to the Developer its proportionate share of Common Expenses relating to the Boat Docking Facilities based on a percentage determined by dividing the number of City Slips by the total number of Boat Slips in the Boat Docking Facilities ("City's Share"). Amendment to Development Agreement Page 12 ADOPTED Item # 22 Attachment number 2 Page 13 of 43 Developer shall invoice the City annually at the end of each lease year for City's Share of Common Expenses, such invoice to include an itemized statement of Common Expenses. Notwithstanding the foregoing, in no event shall City's Share of Common Expenses for any lease year exceed the amount of annual rental due from Developer to City. Developer shall bear the full amount of City's Share of Common Expenses in excess of the annual rental amount due to City. ARTICLE 6. PROJECT FINANCING. 6.01. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the Project Lender all its right, title and interest under this Agreement as security for any indebtedness of Developer. The execution of any assignment, security agreement, or other instrument, or the foreclosure of the instruction or any sale under the instrument, either by judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the existence of any right, power, or privilege reserved in any instrument, shall not be held as a violation of any of the terms or conditions of this Agreement, or as an assumption by the holder of such indebtedness personally of the obligations of this Agreement. No such assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its liability under this Agreement. 6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for assurances any proposed Project Lender for the purpose of implementing the mortgagee protection provisions contained in this Agreement and allowing the Project Lender reasonable means to protect or preserve the liens of such Project Lender upon the occurrence of a default under the terms of this Agreement. ARTICLE 7. CONSTRUCTION OF PROJECT. 7.01. Site. The Developer shall be responsible for all site investigation and environmental testing. 7.02. Construction of Boat Docking Facilities. 1. a. Commencement. Developer shall construct the Boat Docking Facilities substantially in accordance with the Plans and Specifications therefore approved by the City. The Boat Docking Facilities include certain improvements to the City Property/Boat Basin consisting of approximately 100 - 200 feet of new seawall cap as determined to be required by Rube Clarson, P.E.. Developer shall commence construction of the Boat Docking Facilities ("Construction Commencement Date") on or before one (1) year after receipt of all Permits, and expiration or resolution of all appeal/challenges thereto ("Approval Effective Date"). b. For purposes of this Section 7.02, "commence construction" means commencement of meaningful physical development of the Boat Docking Facilities as authorized by the Permits therefor which is continued and diligently prosecuted toward completion of the Boat Docking Facilities. Amendment to Development Agreement Page 13 ADOPTED Item # 22 Attachment number 2 Page 14 of 43 c. All obligations of Developer (including deadlines in the Construction Commencement Date) with respect to commencement and continuation of construction shall be subject to delays and extensions from time to time for Unavoidable Delay (see Article 15). Developer shall not be deemed to be in default of this Agreement to the extent construction of the Boat Docking Facilities, or a part thereof, is not complete by reason of Unavoidable Delay. 2. Pursuit of Construction. After the Construction Commencement Date, Developer shall continue, pursue and prosecute the construction of the Boat Docking Facilities with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Boat Docking Facilities. For purposes of this subsection 7.02.2, "abandoned" means to have ceased any construction work which effectively advances the construction of the Boat Docking Facilities toward completion, including removing all or substantially all of the construction work force from the site of the Boat Docking Facilities for a period of not less than sixty (60) days. 3. Maintenance of Construction Site. During the construction of the Boat Docking Facilities, Developer shall, at its own expense, keep the Boat Docking Facilities and all adjoining City Property in reasonably good order and condition. 4. Construction Completion. Developer agrees to complete the Boat Docking Facilities on or before one (1) year after the Construction Commencement Date. 7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Boat Docking Facilities not constituting all or any part of public improvements. 7.04. Construction Sequencing and Staging Area. The Developer shall construct the Boat Docking Facilities in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City and the use of the City Property. The City agrees to allow Developer to use portions of the City Property as designated by the City for construction staging during construction of the Boat Docking Facilities, without charge to the Developer, provided that such staging area does not unreasonably affect the continued use of the City Property. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. 1. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. Amendment to Development Agreement Page 14 ADOPTED Item # 22 Attachment number 2 Page 15 of 43 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. 1. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: Amendment to Development Agreement Page 15 ADOPTED Item # 22 Attachment number 2 Page 16 of 43 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carryon its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Organization, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect Amendment to Development Agreement Page 16 ADOPTED Item # 22 Attachment number 2 Page 17 of 43 creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All documentation, including that pertaining to the Boat Docking Facilities or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in 5t. Petersburg, Florida, and the Developer will keep records concerning the Boat Docking Facilities (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas County. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Boat Docking Facilities as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Boat Docking Facilities and, oversee and manage the design, planning, construction, completion and use of the Boat Docking Facilities. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Boat Docking Facilities by the Developer in accordance with Amendment to Development Agreement Page 17 ADOPTED Item # 22 Attachment number 2 Page 18 of 43 the Plans and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Boat Docking Facilities and shall promptly notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Boat Docking Facilities as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer or an entity under common control with Developer, retains a controlling interest in the consolidated or merged entity, and will promptly notify the City of any changes to the existence or form of the entity or any change in the control of the Developer. 7. The Developer shall not permit, commit, or suffer any waste of the City Property, the Boat Basin or the Boat Docking Facilities. 8. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Boat Docking Facilities such that it is substantially complete as provided in this Agreement no later than the Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carryon its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been Amendment to Development Agreement Page 18 ADOPTED Item # 22 Attachment number 2 Page 19 of 43 duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Boat Docking Facilities in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. The City shall not permit, commit, or suffer any waste or impairment to the Boat Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as to prevent or adversely affect the development and use of the Boat Docking Facilities. ARTICLE 11. CONDITIONS PRECEDENT. Amendment to Development Agreement Page 19 ADOPTED Item # 22 Attachment number 2 Page 20 of 43 11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to construct the Boat Docking Facilities is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: 1. All conditions precedent under Article 11 of the Development Agreement have been satisfied or waived by Developer. 2. The Plans and Specifications required to commence construction of the Boat Docking Facilities shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. All Permits necessary for construction of the Boat Docking Facilities to commence shall have been issued and have become final and non-appealable. 11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. 1. There shall be an "event of default" by the Developer under this Agreement upon the occurrence of anyone or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or c. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Amendment to Development Agreement Page 20 ADOPTED Item # 22 2. Attachment number 2 Page 21 of 43 Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or a. If an event of default by the Developer described in subsection 1 above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. c. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects to cure a default under Subsection 12.01.1. by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents and all Permits, and, at the direction of the City, the Developer shall vacate the Leased Premises. Amendment to Development Agreement Page 21 ADOPTED Item # 22 Attachment number 2 Page 22 of 43 12.02. Default by the City. 1. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02.1. shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third-party out of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the Developer specifying in reasonable detail the event of default by the City, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. c. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs a. and b. above will not be deemed an exclusive election of Amendment to Development Agreement Page 22 ADOPTED Item # 22 Attachment number 2 Page 23 of 43 remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. Amendment to Development Agreement Page 23 ADOPTED Item # 22 Attachment number 2 Page 24 of 43 12.05. Termination Prior to Commencement of Project. 1. The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Boat Docking Facilities have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, including, but not limited to, failure of a governmental authority to grant an approval required for development of the Boat Docking Facilities. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection 2. below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis for a termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, prior to commencement of the Boat Docking Facilities, this Agreement may be terminated as provided in subsection 3. of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection b. , in which event only the Developer may terminate this Agreement pursuant to this subsection 2.): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer denies or fails to: issue the Permits, or issue any other approval necessary to commence construction of the Boat Docking Facilities, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such Permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that condition prevents successful development of the Boat Docking Facilities. 3. Upon the occurrence of an event described in subsection 2. or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied, then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neither the Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its Amendment to Development Agreement Page 24 ADOPTED Item # 22 Attachment number 2 Page 25 of 43 own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05.4 to the contrary notwithstanding. 12.06. Termination Certificate. 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Boat Basin is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection 1. shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the City, the Developer, the Boat Docking Facilities (or any part thereof), the Boat Basin or personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the construction, completion, operation or use of the Boat Docking Facilities or any part thereof, in any material respect, and no portion of the Boat Docking Facilities would be subject to any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or completion of the Boat Docking Facilities or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and Amendment to Development Agreement Page 25 ADOPTED Item # 22 Attachment number 2 Page 26 of 43 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Boat Docking Facilities and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. 1. 2. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. a. If two (2) arbitrators are appointed pursuant to subsection a. above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. Amendment to Development Agreement Page 26 ADOPTED Item # 22 Attachment number 2 Page 27 of 43 b. If the second arbitrator shall not have been appointed as provided in subsection a., the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. c. If the two (2) arbitrators appointed by the parties pursuant to subsection a. shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Amendment to Development Agreement Page 27 ADOPTED Item # 22 Attachment number 2 Page 28 of 43 Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. c. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other Amendment to Development Agreement Page 28 ADOPTED Item # 22 Attachment number 2 Page 29 of 43 provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedi ngs and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or Amendment to Development Agreement Page 29 ADOPTED Item # 22 Attachment number 2 Page 30 of 43 condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. INTENTIONALLY DELETED. Amendment to Development Agreement Page 30 ADOPTED Item # 22 Attachment number 2 Page 31 of 43 ARTICLE 17. FIRE OR OTHER CASUAL TV; CONDEMNATION. 17.01. Loss or Damage to Project. 1. Until the Termination Date or the Expiration Date, and without regard to the extent or availability of any insurance proceeds, however, subject to any condition or limitations as set forth in the Permits, the Developer shall have the right to commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Boat Docking Facilities substantially the same condition as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Boat Docking Facilities, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as provided herein, Developer shall promptly remove all improvements constituting the Boat Docking Facilities in compliance with the requirements of the City and the Permits. 17.02. Partial Loss or Damage to Project. Until the Termination Date or the Expiration Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Insurance Proceeds. 1. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. Notwithstanding the foregoing, Developer shall not be obligated to obtain or provide casualty insurance as to the Boat Docking Facilities. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of Amendment to Development Agreement Page 31 ADOPTED Item # 22 Attachment number 2 Page 32 of 43 the reconstruction or repair of the Boat Docking Facilities to the extent necessary to repair or reconstruct the Boat Docking Facilities. 17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give the City written notice of any significant damage or destruction to the Boat Docking Facilities stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Boat Docking Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking Facilities. 17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be restored and be commercially feasible for its intended use as contemplated by Section 2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer. ARTICLE 18. MISCELLANEOUS 18.01. Assignments. 1. Bv the Developer. a. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof, only with the prior written consent of the City, which consent is hereby granted for assignment to a party to which Developer's rights are assigned pursuant to the Development Agreement, 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 Boat Docking Facilities as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer's right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof assumes all of the Developer's obligations hereunder, 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. c. An assignment of the Boat Docking Facilities, 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 Amendment to Development Agreement Page 32 ADOPTED Item # 22 Attachment number 2 Page 33 of 43 imposed by this Section 18.01, 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. d. Notwithstanding the foregoing, so long as this Agreement is in effect, Developer shall have the right to sublease or license the use of individual Developer Boat Slips to owners, tenants and guests in accordance with Subsection 2.03.05 above without City's consent. 18.02. 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 its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: To the City: THE SANDPEARL RESORT, LLC 2201 - 4th Street North Suite 200 St. Petersburg, FL 33704 Attn: J. Michael Cheezem City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 with copies to: with copies to: E.D. (Ed) Armstrong, III P.O. Box 1368 Clearwater, FL 33757 Pam Akin, Esquire Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 and Greene & Schermer 1301 - 6th Avenue West Suite 400 Bradenton, FL 34205 Attn: Robert F. Greene, Esquire 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective upon receipt. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice Amendment to Development Agreement Page 33 ADOPTED Item # 22 Attachment number 2 Page 34 of 43 delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of any party made in accordance with the provisions of this Agreement. Amendment to Development Agreement Page 34 ADOPTED Item # 22 Attachment number 2 Page 35 of 43 18.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities. 18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable form, at the request of either party, a short form "Memorandum of Agreement" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the Amendment to Development Agreement Page 35 ADOPTED Item # 22 Attachment number 2 Page 36 of 43 City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. 1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on the fifth (5th) anniversary of the Lease Commencement Date. The City shall have the unilateral option to renew this Agreement for five (5) successive renewal terms of five (5) years each by written notice to Developer. The date of expiration of this Agreement is the "Expiration Date". 2. If the City exercises all five (5) renewal options this Agreement shall expire on the date that is thirty (30) years after the Lease Commencement Date ("Final Expiration Date") and exclusive possession of the Boat Docking Facilities shall be relinquished by Developer to City together with ownership of all improvements within the Boat Docking Facilities (excluding the Slip Improvements) ("Improvements"). At the request of the City, Developer shall execute and deliver to City a Bill of Sale as to all Improvements. In the event the City does not exercise one of the renewal options so that this Agreement expires prior to the Final Expiration Date, City agrees to pay to Developer an amount equal to the unamortized cost on the Expiration Date incurred by Developer in connection with the design, permitting and construction of all Improvements ("Project Costs") such unamortized Project Costs to be determined by amortizing the Project Costs on a straight line basis over the thirty (30) year period commencing on the Amendment to Development Agreement Page 36 ADOPTED Item # 22 Attachment number 2 Page 37 of 43 Lease Commencement Date. Upon expiration or termination of this Agreement, Developer may at its option and at its sole expense remove the Slip Improvements. Costs relating to the Slip Improvements shall not be considered part of the Project Costs. The total Project Costs to be amortized as provided above shall not exceed $1,000,000.00. 3. Upon completion of the term of this Agreement including all renewal terms exercised by City, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 4. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 5. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20 Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.21. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. BALANCE OF PAGE INTENTIONAllY lEFT BLANK SIGNATURE PAGES FOllOW Amendment to Development Agreement Page 37 ADOPTED Item # 22 Attachment number 2 Page 38 of 43 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this _ day of ,2007. THE CITY OF CLEARWATER, FLORIDA Attest: By: By: City Clerk Mayor Approved as to form and correctness: , Esquire City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2007, by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City, who is D personally known to me or D has produced a Florida driver's license or D as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Amendment to Development Agreement Page 38 ADOPTED Item # 22 Attachment number 2 Page 39 of 43 THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership Managing Member By: JMC Communities of Clearwater V, Inc. a Florida corporation, General Partner By: Name: J. Michael Cheezem Title: CEO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2007, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of The Sand pearl Resort, LLC, a Florida limited liability company, who is D personally known to me or D has produced a Florida driver's license or D as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: #404229 v2 - Sandpearl/Amendment to Dev Agt Amendment to Development Agreement Page 39 ADOPTED Item # 22 el:;jl:t:... <j'~ 1il1~ ~"'~ "'0-,;" ,!..t"'l !l)...'" ~!:I .. ~ ~ f ~ ~ ~ ~" ~ ii I "rrll~81 J~U IJI d PI ~ ~~ ~ ~";'> Iii 'Il tt '\! <;; ~ n ~s. n I ::I II !:; ~ II .. 2! ell II ~ ~i;~:: 1 ~ 5ij II j!:;;. II ~ t: :Ii If#' ====-==, ~I ~ a \ II ~ ~~~ ~ % II l:; ~~g ~ ~ II i=l ~~~ .. % II -f. ~[;j L '\ II ~ ~ , ~ \ ~ \ II II r r' I II II II )1 e i 8 <l pq Attachment number 2 Page 40 of 43 Exhibit "A" Site Plan II I I ~ '" ~ ...... :s WI ~ ~ ibiil'iliJ 1JiI;S ~ ; ~ ~~~n~~ i~~ ~ ~ ~~i~ii! ~~I ~ 5 ~i~i~" ::l!';' '" "'~ lil~S til t:Il;;:til~~ h~ ~~~~~ ~~: mn :c t.~ G!~.~ ill. I 'oj IZT ""! o "'j~ z"r:l ~~ ~Ii:: ~~ ~~ ~~ :<l[;12 ~ ," "'. Amendment to Development Agreement Page 40 ADOPTED Item # 22 "~~I !;~ I '" In z;8 ~"'o ~o Ol;;l'j ~~ ,l. =. 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';!: '" i ~ ~ -s::...-:::::;....__~-::::;...-;::S--;:::S.~~ Amendment to Development Agreement Page 41 ADOPTED Item # 22 Attachment number 2 Page 42 of 43 EXHIBIT "B" CITY PROPERTY LEGAL DESCRIPTION Upland Property PID# OS/29/15/00000/330/0100 BEG AT NW COR LOT 9 YACHT BASIN SUB RUN N'LY ALONG E R1W MANDALAY AVE 400 FT(S) TH E'L Y ALONG S RIW CLEARWATER ST 915 FT(S) TH S'L Y ALONG SEAWALL 195 FT(S) TH W'LY MEANDERING SHORELINE 700 FT(S) TH S'LY 100 FT(S) TH SW'L Y ALONG SEAWALL 245 FT(S) TH S'L Y 60 FT(S) TH W'L Y 27 FT(S) TO POB CONT 4.13 AC(C) Amendment to Development Agreement Page 42 ADOPTED Item # 22 Attachment number 2 Page 43 of 43 EXHIBIT "C" MAINTENANCE STANDARDS DAI L Y: . Inspect Boat Docking Facilities . Enforce use restrictions . Respond to emergency conditions WEEKL Y: . Trash removal (or more frequently as needed) . Lighting inspection and light bulb replacement . General maintenance inspection. Docking Facilities to be maintained in good condition and repair with all deteriorated or damaged materials and loose screws/nails replaced as needed. All repairs to be completed within ten (10) working days, however any repairs required for safe use of facilities shall be completed as soon as possible under the circumstances. QUARTERLY: . Thorough inspection of Docking Facilities with the City Harbor Master. All required repairs identified in quarterly inspection to be documented by written report and signed by a representative of Developer and City Harbor Master. All repairs to be completed in the time frame to be stated in the inspection report and Developer shall provide written certification upon completion. #404229 v2 - Sandpearl/Amendment to Dev Agt Amendment to Development Agreement Page 43 ADOPTED Item # 22 Attachment number 3 Page 1 of 1 RESOLUTION NO. 07-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER BETWEEN THE CITY OF CLEARWATER AND THE SANDPEARL RESORT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a development agreement with Sandpearl Resort, LLC, which was approved by Resolution No. 05-04; and WHEREAS, it is appropriate to amend said Development Agreement in order to address issues relating to development of shared Boat Docking Facilities in the Boat Basin; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Amendment to Development Agreement for Property in the City of Clearwater between the City of Clearwater and The Sandpearl Resort, LLC, a copy of which is attached as Exhibit "A", is hereby approved. Section 2. The City Clerk is directed to record the Amendment to Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after the Amendment is executed. The applicant for the Amendment to Development Agreement shall bear the expense of recording the agreement. Section 3. The City Clerk is directed to submit a recorded copy of the Amendment to Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after the Amendment to Development Agreement is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 22 Resolution No. 07-17 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Sioux Hart to the Resident category and Phyllis Franklin to the Business Owner or Representative category on the Brownfields Advisory Board, with the terms expiring on September 30, 2011. (consent) SUMMARY: The Appointment Worksheet is Attached. Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joyce Gibbs MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 2 STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Karen Fenton - 18 Douglas Avenue, Dunedin, FL 34698 - Original Appointment 06/03/99 Office: 1200 Druid Rd. S., 33756 (2nd tem expired 05/31/07) Business Owner or Representative 2. Rev. William F. Sherman, Sr. - 1249 Eldridge Street, 33755 - Original Appointment 05/06/99 (2nd term expired 04/30/07) Resident THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Phyllis Franklin - 1861 Venetian Point Drive, 33755 - Realtor/Franklin Realty Office: 423 Cleveland, 33755 Business Owner or Representative 2. Sioux Hart - 630 Fairmont St., 33755 - Financial Services Resident Zip codes of current members: 2 at 33755 2 at 33756 1 at 33761 1 at 33764 1 at 33782 Item # 23 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD RECEIVED JUl 20 2D07 Name:~ It;,, ~~~(ql;" Home Address: . J'R 0 ( LIe IJ eft AN 7>f '()t( C?-l~ J47Zu) Irfe;v Pc Zip '3 P 7~s- Telephone: ;& 7 ~OL( ~s '3R 1'3 cr So OFFICIAL RECORDS AND LEGISLATIVE SRVCS OEPT Office Address:. . :4 Fi? AA /c:/ d-, /It<> A 1-4i <-(2 3 c(e(/Q./~~ .# I. Zip 3$7~J- Telephone: 1"2 7 Y (:, (.- 70 zy How long a r(Gent of Clearwater? Occupation: € ~. f ~ Field of Education: U {J AJ Sett' 1'( C~IJ/i ~u/~ Employer: 5 e I.f . Other Work Experience: C/11 {' ul-le.c-I l.US/:V-< ~ S ~, (f~U(-I;VP>S .. ?~JuI17h:l If retired, former occupation: Community Activities: N {lw c Other Interests:$re..-fs , Board Service (current and past): A/ tfYuL . Board Preference: Addit~'ona m ents. /, ~ . Signed Ih-zd c<h-. Category pplying For: ( ) Agency involved in Brownfields redevelopment ( v(Business Owner ( must own a business within the Designated brownfield Area) ( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Date: ~1 I", 2E7J 7 I Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 23 Attachment number 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? , ./fb //11 e e 1- ~" tce :S S ( 5. f-. '~ c ( 'lL , I /j,L 71nt; J1; l1Ite~ S (',;$t c-e/u~7 ~ ~~.~(dJ , 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? , fr ud (A4/.~ Ik ~5 ~c/ bt!J<0c1,'. ( (" 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? -z. anz c;t t/ ~ a~ ~ aJlcf?"2 .?1/t IJu [VIe", c< / 3[20"-7 (~~ ..~ ~ ~ ~r;;/fr{ ! c~ ~/ ~0t,~ 4. Why do you want to serve on this Board? '!~ ~e~r:~ crh; '-h cf dJ 'ttU / , ) ~.yJr~ Name~t; 1~~/0~. Board Name: 15/f ~ S' --() el?ls /bJ ~ S d!~ Item # 23 Attachment number 3 Page 1 of 1 RECEIVED JUL 1 7 2007 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARDFFICIAl RECORDS AND LEGISlATIVE SRVCS DEPT Name: SID i(X 1--/ .At( r Home Address: Office Address: ~3() FA/ICUCJA}T 57 t008P1?;;S5 ZJR, , {lLlEI/;I(u)/}TE:~J FL Zip. ~3'75s ~AR.U)147EleJ FL Zip 337~~ Telephone: 'l1'l /ff;c-',Qo2..:3 Telephone: 7:27 7~-2..L/Y? )( s-/l How long a resident of Clearwater? cfLtJ ~c<r s Occupation: FtlJ/MJC/AI- 0..€,RtI/(!.es Employer: nICS! ~ou /'JOERS F/ NANOA L Field of Education: Other Work Experience: -PHtlS/CS GrREE.N 102IJO~HT/oN (J!<Cf}!JIC r;A-RDE:.iJJNb (;REE.N .<.Jl}lJlJS/'AP/Nt;; If retired, former occupation: Community Activities: 'PRe51C>~}.JT) CLE:I1RwA1'"iZIC TDA~TJL1ASTE~S) CiZR.Tj FOLCNDER, 6;" 11iCe. ?RJ6JTJjZ)J~fJAY/J/~~{) tfE./GI-/75 NE.I(3I-1BORHooi? ASSN} \!OJ-uf0TE.E.R J..IJ}J~5J. Other Interests: Board Service (current and past): Board Preference: -,-'-'" ....... Additiona~ents: J ~mrt~ $- /d~~~ Signed: ~ - - .. Date: /l 91& ,07 Category Applying For: ( ) Agency involved in Brownfields redevelopment ( ) Business Owner ( must own a business within the Designated brownfield Area) (X ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Printed on recycled paper Item # 23 Attachment number 3 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 7(."' 'R.J:P;<v~L-tf)? -1/u 6n'a9/~Lt Hz ~2 uml yJfd/' (/ L'i:jtf;CF1 ~;7t/ ptlP/l4 4-#/ A/ 5i?/tj in ii?;; ~R0t ll.s~ -'I 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Nt) Name: l5>~~ c//ad- Board Name: C'!#?J./h?::!v. ,B~ ai~lI:d~ ~#, Item # 23 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Confirm the Mayor's reappoint of Terry Byrd to the Clearwater Housing Authority with the term expiring on September 30, 2011. (consent) SUMMARY: The Appointment Worksheet is Attached. Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor. Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALI FICA TIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 8:30 a.m. PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOI NTEE. 1. Terry Byrd - 2636 Brewton Ct., 33761 - Original Appointment 09/21/95 Interest in Reappointment: Yes (Term expires 09/30/07) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Terry Byrd - 2636 Brewton Ct., 33761 - Former police officer Zip codes current members on board: 1 at 33755 1 at 33756 2 at 33761 1 at 33767 Item # 24 ~ Rc Attachment number 2 ~P'ln CiTY OF CLEAR\\'ATER Application for Advisory Boards (mu~t be Clearwater resident) Name Terry 8yrd Home Address: :l? 30 I3rt:tUfon Ci Clea.rcuct.ler ZIP:3ifbc2/ Telephone 700" lIS b Office Address: ZIP: Telephone .3 L./- / - '1-5/3 How Long a resident of the City of Clearwater? Occupation Employer Field of Education: Other Work Experience: If retired, former occupation Po //c e O-f'P;'ccr Community Activites: Other Interests: Board Service (current and past) Additional Comments: Signed: Board Preference: C /eOJw-a.;I- er !Io (/ S /Ii q .4'i--A v Date: 9/;;;;/95 Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FO R M TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 3461 8 I~ A-- _f,LIl cr(d1!15~-+r. ~"(...~ff+ 9 .q~l4~ ~~\ ~n . . . ~ 5 +vvt- I~ ( 9( )C/11 =- ( 'fr ~ 1'3 <l ( ~D 03 ~ art ~ . 9!1f!o) ~+.1-;: 3r-~. ~~. ru Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Pat Harney to the Community Relations Board with the term expiring on September 30, 2011. (consent) SUMMARY: The Appointment Worksheet is Attached. Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Community Relations Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater (1 non-voting member representing Clw Police) MEMBERS: 5 CHAIRPERSON: MEETING DATES: As called PLACE: Determined when called APPTS. NEEDED: 1 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOI NTEE. 1. Pat Harney - 551 N. Saturn Ave., 33755 - Original Appointment 01/09/03 Interest in Reappointment: Yes (1st Term expired 01/31/07) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Pat Harney - 551 N. Saturn Ave., 33755 - Public Relations Exec. Zip codes of current members on board: 1 at 33758 (non-voting member) 1 at 33759 Item # 25 FROM Attachment number 2 (MON) 11. 20' 06 15: 15/ST. 15: 15/NO. 4862'Ml~~'?~f f 2 CITY OF CLEARWATER - APPLlCA liON FOR ADVISORY BOARDS (must be Clearwater resident) Name: Pat Harney Address: 551 North Saturn Ave. Clearwater, Florida 33755 Office Address: Church of Scientology 503 Cleveland Street.. . Clearwater, FL 33755 T eleohone:(727) 467 - 6860 E-mail Address:patharneY@f1ag.org Teleohone:(727) 423 - 3610 Cell Phone: ditto How long a resident of Clearwater? 9 years Occupation: Public relations exec Employer: Church of Scientology Other Work Exoerience: Pharmacist Field of Education: Pharmacy - Howard Univ. Public Relations If retired. former occupation:N/A Community Activities: member of NAACP, organizer of events such as the Fort Harrison Anniversary event, participant in many community events, coordinator for certain social betterment activities to address illiteracy, drugs, crime and immorality. Media Consultant, newsletter editor Other Interests: read books, writing Board Service (current and past): Community Relations Bd Board Preference: this one RECEIVED NOV 20 2006 OFFICIAL~AND lEGIStAlIVE~DEPT Additional Comments: Signed: -7 ~2_1A)-:JC:~-4~ Date: November 20. 2006 See attached list for boards that require financial disclosure at time of appointment. \ Please return this application and board questionnaire to the Official Records & LegislativE! Services Department, P. o. Box 4748, Clearwater, FL 33758-4748, or drop Item # 25 FROM (MON) 11. 20' 06 15: 15/ST. 15: 15/NO. 4862~~~1~~n1tplU~er 2 BOARD QUESTIONNAIRE 1_ What is your understanding of the board's duties and responsibilities? _To review discrimination issues in the community and help ensure that any injustice in this regard (race, religion, sex) are properly addressed and eliminated. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes in person. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have personally dealt with discrimination issues throughout my lifetime and I have a desire to help solve interpersonal conflicts and prejudice. 4. Why do you want to serve on this Board? To help in the resolution of discrimination and hate. Name: Pat Harney Board Name: Pat Harney Item # 25 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Bob Fernandez to the Resident residing within the area category and Isay Gulley to the Non-profit community based organization operating within the area category with the terms expiring on September 30, 2011; appoint Kevin Gartland to the Local Chamber of Commerce category with the term expiring on September 30, 2011. (consent) SUMMARY: The Appointment Worksheet is Attached. Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Enterprise Zone Development Aqencv TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Diane Hufford MEMBERS: not fewer than 8 or more than 13 CHAIRPERSON: Bob Kinney MEETING DATES: as called APPTS. NEEDED: 4 Categories to be represented: 1) Local Chamber of Commerce; 2) Local financial or insurance entities; 3) Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit community based organization operating within the Area; 6) Local Private Industry Council; 7) City of Clearwater Community Response Team; and 8) City of Clearwater Police Department THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Bob Fernandez - 301 Hillcrest Dr. N., 33755 - Original Appointment 01/09/03 Interest in Reappointment: Yes (Term Expired 07/31/07) Resident residing within the area 2. Isay Gulley - 1246 Eldridge St., 33755 - Original Appointment 04/18/02 Office: 608 North Garden Ave., 33755 Interest in Reappointment: Yes (Term Expired 07/31/07) Non-profit community based organization operating within the area 3. Bob Kinney - 6325 Ridgetop Drive, New Port Richey, FL 34655 - Original Appointment 08/05/99 (2nd term expired 07/31/07) Local Chamber of Commerce 4. Paul Brian Schuh - 2288 Wilshire Drive, Dunedin, FL 34698 - Original Appointment 12/04/03 Office: 1367 Park St., 33756 (completed a term - Not interested in reappointment) Business operating within area THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Bob Fernandez - 301 Hillcrest Dr. N., 33755 - Retired Resident residing within the area 2. Isay Gulley - 1246 Eldridge St., 33755 - Executive Director Non-profit community based organization operating within the area 3. Kevin Gartland - 405 Arlington Ave. W., Oldsmar, FL 34677 - VP of Governmental Affairs Office: Clearwater Regional Chamber, 1130 Cleveland St., 33755 Local Chamber of Commerce * Nominee for business operating in area being sought Zip Codes of current members on board: 4 at 33755 1 at 33762 2 at 33756 1 at 34685 1 at 33758 Item # 26 /" Attachment number 2 Page 1 of 1 CITY OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY APPLICATION Name: BOB FERNANDEZ Home Address: 301 HILLCREST DRIVE NO. CLEARWATER FLORIDA Zip 33755 Telephone: (727) 461-7674 How long a resident of Clearwater? 20 YEARS Occupation: RETIRED Field of Education: OCT 0 9 2002 I, . Office Address: CHAMBER OF COMMERCE 620 CLEVELAND STREET CLEARWATER, FL 33757 Telephone: Employer: Other Work Experience: If retired, former occupation: VICE PRESIDENT CONVENIENT FOOD MART STORES Community Activities: MAIN STREET PROGRAM, GENERAL MANAGER CLEARWATER DOWNTOWN FARMER'S MARKET Other Interests: GARDENING Board Service (current and past): DOWNTOWN DEVELOPMENT BOARD JOLLEY TROLLEY CORPORATION Additional Comments: Board Preference: ENTERPRISE ZONE COMMITTEE Signed: Category Applying For: (_)Local Chamber of Commerce (~Local financial or insurance entities (_)Business operating in the Area (~Residents residing within the Area (_)Non-profit community based organizations operating within the Area Date: OCTOBER 9, 2002 (_) Local Private Industry Council (~ City of Clearwater Community Response Team (_) City of Clearwater Police Department Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 Item # 26 ; . Attachment number 2 Page 1 of 1 ~,; BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? .-;;, ass/sf //1 fie develdp~/7T t::'/7d //7~~/e/77edd~;'/7 d ~e o/"etZ ..slra-R.y/C_ /J/cz/J/' {Jpe,rsee cz.od /?1C)/'?/~': kp,/" -h, C-f a/7d $/crk och",/ht:::s, L>;'~nde Cl..55/s;I;;./?Ce r{, .b(/.sP7~S.5C:S Cl.nc7 re.s,Ck,4 / / 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? _YES 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? _ACTIVE IN SEVERAL DOWNTOWN COMMUNITY ACTIVITIES AS WELL AS OVER TWENTY-FIVE YEARS BUSINESS EXPERIENCE IN OPERATING A MAJOR CORPORATION. 4. Why do you want to serve on this Board? I FEEL I HAVE PROVEN MY INTEREST IN SERVING THE COMMUNITY AND MY LONG-TERM COMMITMENT TO DOWNTOWN CLEARWATER. I ALSO HAVE THE TIME TO DEVOTE THE TIME NECESSARY TO SERVE ON THIS COMMITTEE. Nam~~4 Board Name: F/Jk~p,r/i c ~c. ave/~RC/// ~l""#'7'" Item # 26 I I J i Attachment number 3 Page 1 of 1 CITY OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY APPLICATION Name: 7=,~ ,j/, tJ-tl/fw Home Address: I V Ih, ~/ ~/?a!h/4 / If retired, former occupation: Community Activities: Board Preference: AS~lgdniteiodn: al~CO/~ ents: ~/. f ;~:;. ~- ~ ~~ Date: ;;:5:~n/~~ /~1J 4?/J;;( Category Ap I g For: / . <_)Local Chamber of Commerce <_) Local Private Industry Council <_)Local financial or insurance entities <_) City of Clearwater Community Response Team <_)Business operating in the Area <_) City of Clearwater Police Department l.-.:)Residents residing within the Area (X)Non-profit community based organizations operating within the Area Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 Item # 26 . _t,~hborhooq~ ",'~ 7'J& ~ # ~- *".f'rDfit ~ .~l '{.: 1 "ji Partnership I ri iJ.&igfWorfwoa !I(g.vita[izatwn" Board of Directors W. Pearl Johnson, President Premier Community Bank Gilbert P. Macphel'son, Vice-P,.esident A ffome)' af Law SlIlIy Ruby, Sec."etary Refired Frllnk Cassara, Treasurer Bank of America John Jenl{ins Refired WilllI L. ClIrson Greenwood Hea/fh Resource Center Marjorie Burdine Sun TruSf Bank Steven B. Sullivan If/el/s Fargo Mortgage Company Lynne P. McChristilln USAA Propert)" and Caslla/~v Insurance Non11l1 Parks Pinel/as COllnty School District Isay 1\1. Gulley, Executive Di,'ecto,' E-mllil: igulley@hotmail.com Attachment number 3 Page 1 of 1 608 North Garden Avenue Clearwater, Florida 33755 Phone: (727) 442-4155 Fax: (727) 446-4911 February 13, 2002 Ms. Teresa "TJ" Jeffries Brownfields/Enterprise Zone Liaison Ecoriomic Development . Team City 01 Clearwater . P;O:.Box4748 'Clearwater,.FlOlida 33758.:4748 Dear Ms. Jeffries: Enclosed you will please find my completed application for a hoard,3eat fOf the City of Clearwater Enterprise Zone Development Agency Board, representing the Non-Profit Organization sector. I consider it an honor to have been recommended to this Board by Ms; Diane Hufford. .1 gladly accept this opportunity and look forward to meeting the: rest of the hoard members at the next. meeting. T have a.lso fQrwarded an original application to the City.Clerk's Department .c.c. ,City Clerk Department ~ Item # 26 Clearwater NHS is an Equal Opportunity Lender and Employer serving throughout Pinellas & Pasco Counties _\,~h.60TnoOtf~ ~ 'l"'=' 'l'oS& ~ I ,p,;.... ?{p..'l'rrtfit ~ ~t! ~ 1 ((.9L Partnership In 0& igl1borfwocf !l(f.vita[ization" Board of Directors W. Pearl Johnson, President Premier Communi~v Bank Gilbert P. Macpherson, Vice-President Attomeyoi Law- Sail)' Ruby, SeCl"etary Retired Franl, Cassara, Treasurer Bank of America .John .Jenkins Retired Willa L. Carson GreenlVood Health Resource Center I\hll'jorie Burdine Sun Trust Bank Steven B. Sullivan We//s Fargo Mortgage Company Lynne P. McCh,'istian USAA Property and Casua/ty Insurance Norma Pa,'ks Pille//as COlllltF Schoo/ District Isay M. Gulley, Executive Director E-mail: igulley@hotmail.com 608 North Garden Avenue Clearwater, Florida 33755 Phone: (727) 442-4155 Fax: (727) 446-4911 February 13,2002 City Clerk's Department P.O. Box 4748 Clearwater, Florida ~1758-4748 Dear City Clerk. Attachment number 3 Page 1 of 1 Enclosed you WIll please find my completedappli.cation for a seat on the Enterprise Zone Development Agency Board. I am looking forward to the response trom Tnesa Jeffries. Sincerely, Clearwater NHS is an Equal Opportunity Lender and Employer serving throughout Pinellas & Pasco Counties Item # 26 Attachment number 4 Page 1 of 1 CITY OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY APPLICATION RECEIVED JUL 12 2001 Name: KEY1'rJ GM-TLANt> OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Home Address: y 0 ~ Az11V1&- h'h Aw ~~. OldSW1PJa-Pt- Zip 1'-jb 77 Telephone: ~,3'- 'Iso, , - b ~112- How long a resident of Clearwater? ;J I A Occupation: Vf>1 C7l~VYlt'''1.J.ri .A1~;Li' Field of Education: (~<<'UM; ~"cJy)S Office Address: 1(30 C It'l1t(la~ Sf. --'1etArt-J~tL Zip 3'37~ Telephone: /d-7- Yh{ -00 I , Employer: C I e~:.n...Ic~.tt.. {,;l..;AV'V\ b.e.L Other Work Experience: '? leQJ~ IVJ PLlv, J-~ br'P~~ J (.JV'Y!-vu...i/l Sm. f: .,~a.. Fiiv~(~ Ro~n{ I 0 {(-z:fwte Other Interests: Board Service <current and past): ~mD7lI~,f) (J'lVl~bt.,c. 7$~~~) D,k.. ()1.;1,~W\OtJ'1LAlu~ TwYC.t ~W\ l?d~.n1 Board Preference: E., Ju.frlU Zn.e Otwt~mWf ~1- Additional Comments: g . Signed: f,(r}~~ H j' Category pplying F r: 40cal Chamber of Commerce <_)Local financial or insurance entities <_)Business operating in the Area <_)Residents residing within the Area <_)Non-profit community based organizations operating within the Area Date: '7-/(1- U-O'7 <_) Local Private Industry Council <_) City of Clearwater Community Response Team <_) City of Clearwater Police Department Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: Official Records & Legislative Services Dept., P. O. Box 4748, Clearwater, FL 33758-4748 Item # 26 Attachment number 4 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -rc; NlA sa ~-1/I17 of -n-t..- ~ j= lass 15 t /'1 'h"''-f/~~~JhC4- oftL<- s/1c~J.(f . f IC{~ F kM/a diu{;~ tR~ e""'1~.AI;~ -+-'-u4-~r ~r4-c~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~e> 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~ l~ (#1"'\ Ud. 0'11 lxtvl. 5/~ I~Vvn - S, z~yf ~( a~ &,v5))~ ?f/) A ~~~O'f&~Vf1~ -&'I(uAlh "0;", ce /C)C-fro; r ["IMJ'( (;!~ (<f~ ~ b0,)~h ~ '~ """"'; r-{""VK )fO~-:;r ~ ~ 7- <( cbwh ~ 0 lolJ /MOf/Z t::i'ru..._ 4. W~y do you wa.nt to serve on this B~ard? . r ' T6 ~ 17--<- GV\'Y1 "/\UV"~ .t wtr fU""J7t If;. be~VIU~_ J '< " Name: (J...evt I\} 6-- ~AJD Board Name: flA-krt.f.~je.~ D<-~~~~ Item # 26 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7800-07 on second reading, relating to wellhead protection, amending Chapter 24, Public Health, Article III, Wellhead Protection, adding new section 24.64, Permit Requirements, and renumbering sections. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 5 ORDINANCE NO. 7800-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO WELLHEAD PROTECTION; AMENDING CHAPTER 24, PUBLIC HEALTH, ARTICLE III, WELLHEAD PROTECTION OF THE CLEARWATER CODE OF ORDINANCES; ADDING NEW SECTION 24.64, PERMIT REQUIREMENTS; RENUMBERING SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current wellhead protection program became effective through Ordinance No. 5095-91 in June 1991; and WHEREAS, it is determined that changes should be made to the wellhead protection ordinance in order to address changes in the Florida Administrative Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 24, Public Health, Article III, Wellhead Protection of the Clearwater Code of Ordinances is hereby amended as follows: Sec. 24.61. Purpose and intent of article. The purpose and intent of this article is to protect and safeguard the public health, safety, and welfare by providing a wellhead protection contamination prevention program which regulates the use or storaqe of contaminating materials within a prescribed protection zone surrounding potable water supply wells within the City of Clearwater. Sec. 24.62. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section; except where the context clearly indicates a different meaning: Contaminating material means any physical. chemical, biological, or radiological formulation, mixture or substance, wet or dry, natural or synthetic, that could be introduced into the public potable water supply in quantities and concentrations that could violate the standards assigned to potable water as established in Chapter 62-550, Rule 17 550, Florida Administrative Code (F.A.C.), of the Florida Department of Environmental Protection (FDEP) Regulation. Enqineerinq Pubffc works director means the director of the enqineerinq department ef public works of the city, or an employee within the enqineerinq department of public works authorized by the director to exercise authority or to carry out any of the duties under this article. Potable Water Well means any water well that supplies water for human consumption and that is connected to the City of Clearwater Public Water System. Ordinance No. Imo~t27 Attachment number 1 Page 2 of 5 Sec. 24.63. Permit--Required. (1) As of July 1, 1991, any new business, commercial, industrial or other nonresidential activity proposed to be established or expanded on property within the city, any portion of which property is located within 200 feet of a potable water supply well permitted by the Southwest Florida '.^.'ater Management District (S'NF'NMD), where the proposed activity involves the use, handling, conveyance or storage of any contaminating material, shall obtain a wellhead protection permit from the public works director. A wellhead protection permit shall may be obtained from the enqineerinq director for any new business, commercial, industrial or other nonresidential activity on property within the city if any portion of the subiect property is within 500 feet of a potable water well. A wellhead protection permit shall be obtained from the enqineerinq director for any new residential construction on property located within the city if any portion of the subiect property is within 100 feet of a potable water well. A wellhead protection permit may be issued by the enqineerinq director after review of the application and protection- containment plan (if required) submitted by the applicant. No business tax receipt or buildinq permit shall be issued for any activity for which a wellhead protection permit is required until such permit has been issued. Permits shall have a term not to exceed twelve months and shall expire on March 15 of each year. Applications for annual permit renewal shall be submitted no later than thirty days prior to permit expiration. issued by the public works director after review of the protection containment plan to be submitted by the applicant. No occupational license shall be issued and no development order, including but not limited to any building permit, shall be approved for any activity for which a wellhead protection permit is required until such permit has been issued or the issuance of a wellhead protection permit has been made a contingency of such approval. (2) On or before December 31, 1991, all existing nonresidential activities involving the use, handling, conveyance or storage of contaminating materials located on property within the city, any portion of which property is located within 200 feet of a potable water supply well permitted by S'.^/F'NMD, shall submit a protection containment plan and an application for a wellhead protection permit to the department of public works, and shall obtain a wellhead protection permit within 60 days following the application date. Sec 24.64 Permit requirements (1) Activities within a 500-foot radial distance around a potable water supply well shall conform to the requirements of Chapter 62-521, F.A.C., Wellhead Protection. (2) Activities defined as potentially hiqh risk to qround water quality in Chapter 62- 555.312, F.A.C. shall not be permitted within 100 feet of an existinq potable water supply well. (3) Activities defined as a moderate risk to qround water quality in Chapter 62- 555.312, F.A.C. shall not be permitted within 50 feet of an existinq potable water supply well. (4) If any contaminatinq material is proposed to be used or stored for any business, commercial, industrial or other nonresidential use within 500 feet of a potable water supply well, a Protection-Containment Plan shall be submitted. If any contaminatinq 2 Ordinance No. ll8iOO-#7.27 Attachment number 1 Page 3 of 5 material is proposed to be used or stored for residential use within 100 feet of a potable water supply well, a Protection-Containment Plan shall be submitted. (5) A Wellhead Protection Permit application shall at a minimum include a location map of the potable water well and 500 feet surroundinq the well, plans for the proposed development or expansion/chanqe of an existinq use (if applicable), the location and identification of existinq uses in a 500-foot zone for a commercial use application or a 1 OO-foot zone for a residential use application, a listinq of any contaminatinq material to be used or stored on the site and a Protection-Containment Plan if necessary. Sec. 24.6~ -1. Same--Review of protection-containment plan. (1) In reviewing a protection-containment plan submitted by an applicant for a wellhead protection permit, the following factors shall be considered when determining the sufficiency of the plan: (a) The amount aM character and intended use of the contaminating material involved; (b) Storage, conveyance and handling techniques to be employed by the applicant; (c) The extent of any propensity to spill, break, lose or discharge contaminating material; (d) The type of containment devices to be employed; (e) The extent of employee safety training and practices; and (f) Any other consideration appropriate to the protection of the wellhead. (2) No wellhead protection permit shall be issued unless the protection-containment plan and permit application fully addresses all contamination and safety matters to the satisfaction of the public works enqineerinq director. A wellhead protection permit may be issued subject to conditions related to the protection of the public potable water supply. Sec. 24.66~. Same Permit Denial. If a wellhead protection permit application is denied, a notice of denial, including the reasons for such denial, shall be provided to the applicant. The applicant may appeal a permit denial, or may appeal a condition imposed in conjunction with a permit approval, within 30 days following receipt of notice of denial or approval by filing a request for review with the city manager. The request for review shall include, among other things, a statement of the grounds upon which the applicant seeks review. The city manager shall conduct a hearing within 45 days of receipt of a request for review. The city manager's decision regarding the application shall be deemed the final administrative action of the city, and such review shall be deemed a necessary administrative remedy prior to seeking judicial relief. 3 Ordinance No. ll8iOO-#7.27 Attachment number 1 Page 4 of 5 Sec. 24.6Le. Same--Sale of property, change of use activity. (1) A wellhead protection permit shall be nontransferable and nonassignable. A new wellhead protection permit shall be required whenever the property or business is conveyed. A new Protection-Containment Plan (if previously required or if required for new proposed activities) shall be subm itted with the new wellhead protection perm it. (2) A new wellhead protection permit shall be required whenever there is a chanqe of use on the property as defined in Section 8-102. of the City of Clearwater Community Development Code. A new Protection-Containment Plan shall be submitted if required for the use, handlinq, conveyance or storaqe of contaminatinq material on the property. the activity on the property is changed such that the use, handling, conveyance or storage of contaminating materials is different than that described in the protection containment plan previously permitted. Sec. 24.6~ +- . Enforcement of article--Inspections. The enqineerinq public works director shall designate employees within the enqineerinq department of public works as inspectors for the purpose of enforcing this article. Such inspectors may inspect the premises of a wellhead protection permit holder during normal working hours of the permit holder for the purpose of determining compliance with this article and with any condition imposed in conjunction with the issuance of a perm it. Sec. 24.6~ R Same--Revocation of permit. A failure to comply with any of the requirements of this article or a failure to comply with any condition imposed upon the issuance of a wellhead protection permit shall constitute grounds for the revocation of a wellhead protection perm it. The enqineerinq public works director may revoke a permit by providing notice of revocation to the permit holder, which notice shall state the reasons for revocation. A revocation shall be subject to review by the city manager in the same manner as a denial of a permit application, and such review shall be deemed a necessary administrative remedy prior to seeking judicial relief. Sec. 24. 70 W. Same--Violations and penalties. (1) A failure to obtain a wellhead protection permit by any person required to obtain such permit, a failure to comply with any of the requirements of this article, or a failure to comply with any condition imposed upon the issuance of a wellhead protection permit shall constitute a violation of this article. (2) Violations of this article shall be subject to punishment by a fine not to exceed $500.00 per day. The city may take any appropriate enforcement action, pursuant to Section 1.12 of this Code and Article 7 of the Community Development Code, in any available judicial or administrative forum to enforce the provisions of this article. 4 Ordinance No. ll8iOO-#7.27 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Attachment number 1 Page 5 of 5 5 Ordinance No. ll8iOO-#7.27 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7846-07 on second reading, annexing certain real property whose post office address is 2767 Momingside Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7846-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MORNINGSIDE DRIVE APPROXIMATELY 650 FEET EAST OF EVANS DRIVE, CONSISTING OF LOT 10, BLOCK L, CARLTON TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 2767 MORNINGSIDE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 10, Block L, Carlton Terrace First Addition, according to plat thereof recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida (ANX2007- 06014) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING Ordinance No.l~#rt28 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Attest: Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance Noltem6#rt28 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7847-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2767 Momingside Drive, upon annexation into the City of Clearwater, as Residential Low. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7847-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MORNINGSIDE DRIVE APPROXIMATELY 650 FEET EAST OF EVANS DRIVE, CONSISTING OF LOT 10, BLOCK L, CARLTON TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 2767 MORNINGSIDE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan 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 plan 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 Cateqorv Lot 10, Block L, Carlton Terrace First Addition, Residential Low according to plat thereof recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida (ANX2007- 06014) 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. 7846-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 29 Ordinance No. 7847-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7848-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2767 Morningside Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7848-07 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 MORNINGS IDE DRIVE APPROXIMATELY 650 FEET EAST OF EVANS DRIVE, CONSISTING OF LOT 10, BLOCK L, CARLTON TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 2767 MORNINGSIDE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district 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: Property Lot 10, Block L, Carlton Terrace First Addition, according to plat thereof recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida (ANX2007- 06014) Zoninq District Low Medium Density Residential (LMDR) 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. 7846-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 30 Ordinance No. 7848-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7849-07 on second reading, annexing certain real property whose post office address is 2186 Drew Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7849-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 80 FEET WEST OF THE INTERSECTION OF BELCHER ROAD AND DELL AVENUE, CONSISTING OF A PORTION OF LOT 13, PINE DELL, WHOSE POST OFFICE ADDRESS IS 2186 DREW STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2007 -06015) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 31 Ordinance No. 7849-07 Attachment number 1 Page 2 of 2 A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat Book 45, Page 26 of the Public Records of Pinellas County, Florida, described as follows: Starting at the most southeasterly corner of Lot 13, Pine Dell Subdivision as recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida and run N 89025'27" W along the southerly boundary of said Lot 13, 29.67 feet; thence N 42058'07"E, 20.00 feet; thence S 47001'53"E along the northeasterly boundary of said Lot 13, 21.91 feet to the Point of Beginning. Containing 0.01 acres more or less. Item # 31 Ordinance No. 7849-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7850-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2186 Drew Street, upon annexation into the City of Clearwater, as Residential Urban. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7850-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY APPROXIMATELY 80 FEET WEST OF THE INTERSECTION OF BELCHER ROAD AND DELL AVENUE, CONSISTING OF A PORTION OF LOT 13, PINE DELL, WHOSE POST OFFICE ADDRESS IS 2186 DREW STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan 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 plan 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 See attached legal description (ANX2007 -06015) Land Use Cateqorv Residential Urban 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. 7849-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 32 Ordinance No. 7850-07 A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat Book 45, Page 26 of the Public Records of Pinellas County, Florida, described as follows: Starting at the most southeasterly corner of Lot 13, Pine Dell Subdivision as recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida and run N 89025'27" W along the southerly boundary of said Lot 13, 29.67 feet; thence N 42058'07"E, 20.00 feet; thence S 47001 '53"E along the northeasterly boundary of said Lot 13, 21.91 feet to the Point of Beginning. Containing 0.01 acres more or less. Ordinance No. 7850-07 Attachment number 1 Page 2 of 2 Item # 32 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7851-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2186 Drew Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7851-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY APPROXIMATELY 80 FEET WEST OF THE INTERSECTION OF BELCHER ROAD AND DELL AVENUE, CONSISTING OF A PORTION OF LOT 13, PINE DELL, WHOSE POST OFFICE ADDRESS IS 2186 DREW STREET UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district 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: Property See attached legal description (ANX2007 -06015) Zoninq District Low Medium Density Residential (LMDR) 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. 7849-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 33 Ordinance No. 7851-07 Attachment number 1 Page 2 of 2 A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat Book 45, Page 26 of the Public Records of Pinellas County, Florida, described as follows: Starting at the most southeasterly corner of Lot 13, Pine Dell Subdivision as recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida and run N 89025'27" W along the southerly boundary of said Lot 13, 29.67 feet; thence N 42058'07"E, 20.00 feet; thence S 47001 '53"E along the northeasterly boundary of said Lot 13, 21.91 feet to the Point of Beginning. Containing 0.01 acres more or less. Item # 33 Ordinance No. 7851-07 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Riley Electric Company d/b/a Digger One, to recover $565.62 for damage to City property and the appropriate officials be authorized to execute same. (consent) SUMMARY: On July 18,2005, Riley Electric Company d/b/a Digger One, was performing work in the vicinity of 1800 Tampa Road in Palm Harbor, Florida. On that date, employees of Riley Electric Company cut a City of Clearwater gas line causing a loss to City property in the amount of $565.62. Attempts to collect the amount of damages from Riley Electric Company have been unsuccessful. The Legal Department requests authority to bring a legal action against Riley Electric Company to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: None. Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $175.00 $175.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $175.00 $175.00 Appropriation Code 590-07000-545900- 519-000 Amount $175.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 34 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Beach Clean-up - Kevin Dunbar SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 35 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction re scheduling items for Council discussion SUMMARY: The following items have been requested to be placed on an agenda as Council Discussion items. Requiring Council approval prior to grant applications being submitted - Gibson Clearwater Marine Aquarium $250,000 Grant request - Gibson Beachwalk issues - increasing traffic lanes on Coronado and review of palm trees in sidewalks - Gibson Proposed Residential Speeding legislation - Gibson Review Approval: 1) Clerk Cover Memo Item # 36 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 37 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: FRDAP checks to be presented by Rep. Ed Hooper SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 38 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Introduction and Recognition of 4 Clearwater High School Students - Nagano Exchange Program. SUMMARY: Clearwater Nagano High School Exchange Program Recognition of the four high school students and teacher that traveled to Nagano this summer representing Clearwater. Presenters: Margo Walbolt, Cultural Affairs Manager will introduce the students and teachers who will speak briefly. Ms. Stacie Little, Teacher Ms. Lucy Feigel, Countryside High School student Mr. Benjamin Popp, Lakewood High School student Mr. Zachary Tranter, Palm Harbor High School student Mr. Joseph Stokes, Calvary Christian High School student Review Approval: 1) Clerk Cover Memo Item # 39 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Carefest Week - Daniel Bernard SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 40 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Water Reuse Week - Tracy Mercer, Public Utilites Director; Glenn Daniel, Water Superintendent; Jerry Wells, Public Utilities Coordinator - Reclaimed Water. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 41 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: National Suicide Prevention Week - Bonnie McClelland SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 42 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: National Suicide Prevention Week SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 43 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Sickle Cell Awareness Month - Johnnie Battle SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 44 Meeting Date:9/4/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: United Way Month SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 45 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Yellow Ribbon Suicide Awareness and Prevention Week - Bonnie McClelland SUMMARY: Meeting Date:9/4/2007 Review Approval: 1) Clerk Cover Memo Item # 46