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City Council Agenda
Location: Council Chambers - City Hall
Date: 9/6/2007- 6 :00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 FRDAP checks to be presented by Rep. Ed Hooper
@) Attachments
4.2 Introduction and Recognition of 4 Clearwater High School Students - Nagano Exchange Program.
@) Attachments
4.3 Proclamation: Carefest Week - Daniel Bernard
@) Attachments
4.4 Proclamation: Yellow Ribbon Suicide Awareness and Prevention, and National Suicide Prevention Week
- Bonnie McClelland
@) Attachments
4.5 Proclamation: Sickle Cell Awareness Month - Johnnie Battle
@) Attachments
4.6 Proclamation: Water Reuse Week - Tracy Mercer, Public Utilites Director; Glenn Daniel, Water
Superintendent; Jerry Wells, Public Utilities Coordinator - Reclaimed Water.
@) Attachments
4.7 Proclamation: United Way Month
@) Attachments
5. Approval of Minutes
5.1 Approve the minutes of the August 14,2007 City Council Meeting, the January 16, July 25, and August
13, 2007 City Council Special Meetings as submitted in written summation by the City Clerk.
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6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2007/08 through
2009/10.
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7.2 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.
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7.3 Approve the City of Clearwater Annual Operating Budget for the 2007/08 fiscal year and pass ordinance
7866-07 on first reading.
~ Attachments
7.4 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.
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7.5 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)
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7.6 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.
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8. Second Readings - Public Hearing
8.1 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.
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8.2 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
8.3 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.
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8.4 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
8.5 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
8.6 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
8.7 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).
@) Attachments
City Manager Reports
9. Consent Agenda
9.1 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
9.2 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
9.3 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
9.4 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
9.5 Approve settlement of the liability claim of Joshua Monti for payment of $57,000 and authorize the
appropriate officials to execute same. (consent)
@) Attachments
9.6 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
9.7 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)
@l Attachments
9.8 A ward 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)
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9.9 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)
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9.10 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
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)
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9.11 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)
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9.12 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)
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9.13 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)
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9.14 Adopt a City Council policy regarding Roadside Memorials.
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9.15 Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A. (EaR), to provide
professional engineering services for the design, permitting and bidding for Skycrest Reclaimed Water
Project (07-0013-UT), and that the appropriate officials be authorized to execute the same. (consent)
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9.16 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)
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9.17 Confirm the Mayor's reappointment of Terry Byrd to the Clearwater Housing Authority with the term
expiring on September 30, 2011. (consent)
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9.18 Reappoint Pat Harney to the Community Relations Board with the term expiring on September 30, 2011.
(consent)
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9.19 To the Enterprise Zone Development Agency, reappoint Bob Fernandez to the Resident 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 and appoint Kevin Gartland to the Local
Chamber of Commerce category with the term expiring on September 30, 2011. (consent)
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9.20 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)
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10. Other items on City Manager Reports
10.1 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
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Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
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12. Council Discussion Items
12.1 Provide direction re scheduling items for Council discussion
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13. Other Council Action
13.1 Other Council Action
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14. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
FRDAP checks to be presented by Rep. Ed Hooper
SUMMARY:
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 1
Meeting Date:9/6/2007
City Council Agenda
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 # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Carefest Week - Daniel Bernard
SUMMARY:
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 3
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Yellow Ribbon Suicide Awareness and Prevention, and National Suicide Prevention Week - Bonnie McClelland
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Sickle Cell Awareness Month - Johnnie Battle
SUMMARY:
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 5
Meeting Date:9/6/2007
City Council Agenda
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 # 6
SUBJECT / RECOMMENDATION:
Proclamation: United Way Month
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 7
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the August 14, 2007 City Council Meeting, the January 16, July 25, and August 13, 2007 City Council
Special Meetings as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 2
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF CLEARWATER
January 16, 2007
Unapproved
Present:
Frank Hibbard
Carlen Petersen
William C. Jonson
John Doran
J.B. Johnson
Mayor
Vice-Mayor
Council member
Councilmember
Councilmember
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City
Assistant City
City Attorney
City Clerk
Management A
The Mayor called the meeting to order at 8:00 a.m.
To provide continuity for research, items ar:
necessarily discussed in that order.
ac due to private
nted a loss of 341
he City Marina waiting
e Downtown Plan
ocks and prome on the waterfront, and
said Plan as well as the City of Clearwater's
, a feasibility study was conducted and the
18, 2006 ncil meeting. A referendum election is planned
Charter to allow for the building and maintenance of such
d in the feasibility study include: 1) Although the City has applied
for in grants, these grants have not been awarded, so the City has
assu re received; 2) The Downtown Development Board contributes
$50,00 ars. They have already agreed to this contribution; 3) The Community
Redevelo gency contributes $500,000; 4) Bonds are issued to fund the balance needed
to construe boat slips. The borrowing would be for 20 years, with one year of capitalized
interest and no principal in the first year (year of construction), and level debt service for the
remaining 19 years. The interest rate assumed is 1 % above the current rate; 5) Anticipated
costs were obtained from City Marina staff based upon experiences with the existing Marina.
2006 costs for personnel were increased at 4.2%/year, and other operating and maintenance
Council Special 2007-01-16
1
Item # 8
Attachment number 1
Page 2 of 2
costs were increase at 3%/year. Repair and maintenance costs were increased once the bonds
are retired (year 20) to provide for renewal and replacement of the facility; 6) The cost of
constructing the boat slips is $11 million which was obtained from three separate sources for
2006 costs and inflated up to 2008 construction costs at 7% per year. The construction
estimates include a 15% contingency; and 7) Based upon these assumptions, the project will
operate at a profit.
In addition to setting the proposed rates, staff proposes setting a pr
these slips. Staff proposes awarding the slips by blind lottery with prio .
Clearwater residents. The current website has an online form wher
their interest in a boat slip. At the point in time when the referendu
construction contract has been awarded, the City will contact all pa
their interest as well as advertise to the public that applications will
period for applications has expired, it is proposed that a blind lottery
given to residents of the City of Clearwater. Staff will be bringing fo
conducting the lottery and allocating slips in the future.
Public Communications Director Doug Matthews re
to be used in the public information campaign.
Assistant City Manager Rod Irwin review
City worked with ATM (Advanced Technology
permanent and transient slips. A TM recomme
has saturation. It was stated that th sed
enhance activities at the downtow nt e
tfl City will begin
Board) unanimously
e can be appropriated
Ing cost. There will be no
ve the City Manager recommended rental rates
$15.50/foot/month and $2/foot/day. The
sly.
ved to approve the proposed method for awarding these slips
to City of Clearwater residents. The motion was duly
sly.
Mayor
City of Clearwater
Attest:
City Clerk
Council Special 2007-01-16
2
Item # 8
Attachment number 2
Page 1 of 5
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF CLEARWATER
July 25, 2007
Unapproved
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor
Vice-Mayor
Councilmember
Councilmember
Council member -
City Manager
Assistant City
Assistant City
City Attorney
City Clerk
Board Reporte
The Mayor called the meeting to order at 3:00 p.m.
To provide continuity for research, item
necessarily discussed in that order.
2 - Other Items on City Manager Reports
stated none of the utility rate increases will go to
eneral fund contribution to the Jolley Trolley is
tion has not been reduced.
ested that two FTE (Full-Time Equivalent) positions, identified for
hieve the Council's vision of a higher level of neighborhood
nt & Neighborhood Services Director Jeff Kronschnabl said Neighborhood
Services w no longer participate in Paint Your Heart Out Clearwater activities. He said if
the positions are reinstituted, program visibility will grow and monthly activity reports will be
submitted.
Council Special 2007-07-25
1
Item # 8
Attachment number 2
Page 2 of 5
Councilmember Petersen moved to retain the two Neighborhood Services FTEs targeted
for elimination. The motion was duly seconded and carried unanimously.
b) School Resource Officers
The Mayor said other municipalities have indicated they will accept the School
Superintendent's offer of a 34:66 cost ratio for School Resource Officers. If the C' does not
accept this proposal, the School Board will assign internal officers. Deput Polie ief Bill
Baird said at specific times the Police Department would have directe Is e for
back-up.
Consensus was to budget $112,000 for School Resource
2.3 Presentations and Remarks from Public: a
Inc.; c) Jollev Trollev
Remarks from Public
One resident spoke in support of Neighborhoo
government waste. Two residents spoke in suppo
opposed funding the Jolley Trolley.
a) Tampa Bay Partnership
entation,
esses in the
ss, ) Workforce
tive Delegation; and
ership as it wor everage all bay area
tend beyond Clearwater.
cutive Dire r Robert Friedman thanked the City for its past
II had reduced its $300,000 annual request for the three-year
is year and $100,000 for the final year. He said a strong arts
elopment of the work force and cultural opportunities attract
poke in support of funding Ruth Eckerd Hall programs and one person
Bill Kirbus, of the Jolley Trolley, said trolley service exists for tourists and transports
almost 150,000 people annually and generates more than $300,000 annually in revenue.
Council Special 2007-07-25
2
Item # 8
Attachment number 2
Page 3 of 5
In response to questions, Mr. Kirbus said beach operations are critical as all advertisers
are located there. Route operations do not change seasonally and weekends are busy
throughout the year. It was noted that while operating costs increased, the City's contribution
had decreased 3% annually. Mr. Kirbus said the organization needs 400 square-feet for office
space and an additional 8,000 square-feet for maintenance. Current office space is leased for
this year. He said the trolley would have to stop downtown service if the City's contribution is
limited to $150,000 and the CRA (Community Redevelopment Agency) makes n ontribution.
Information was requested on the Jolley Trolley's cost for the downtown Ie
ity contribution
rd Hall, Inc. to
ommented tha
s, a necessary
ducation program. It
this contribution
not recurring and Ruth
of life.
It was suggested that CRA funding and downtown service b
downtown activities increase.
Concern was expressed that while the State had mandated
Council was not cutting its funding to some agencies.
Consensus was to provide office space for the Jolley Trolle
discontinue downtown service until the route is feasible.
City Council Discussion
In response to questions, Mr. Friedman s
have contributed to Ruth Eckerd Hall's capital c
receives a $39,000 annual Pinellas Arts Counc
operate programs in schools. He s City'
attract people from outside Clearw que fund'
primarily impact Clearwater a million annuall
id it is not possible to determine the impact on
asses,
moved for the City to contribute an additional $200,000 to
. The motion was duly seconded. Councilmembers Petersen,
bard voted "Aye"; Councilmember Gibson voted "Nay." Motion
retekos moved to reduce City contributions to organizations by 5%
the exception of the $150,000 contribution to the Jolley Trolley. The
econded.
Councilmember Doran moved to amend the motion to reduce contributions that are
$10,000 or less by 5% and discuss other requests separately. The motion was duly seconded.
Councilmembers Petersen, Doran, and Mayor Hibbard voted "Aye"; Councilmembers Cretekos
and Gibson voted "Nay." Motion to amend carried.
Council Special 2007-07-25
3
Item # 8
Attachment number 2
Page 4 of 5
Upon the vote being taken on the amended motion to reduce City contributions that are
$10,000 or less by 5% and discuss other organization requests separately, Councilmembers
Petersen, Doran, Cretekos, and Mayor Hibbard voted "Aye"; Councilmember Gibson voted
"Nay." Motion carried.
Discussion ensued. It was stated cuts should treat all organizations fairly.
Councilmember Cretekos moved to reduce City contributions Q
The motion was duly seconded. Councilmembers Doran, Creteko
Councilmember Petersen and Mayor Hibbard voted "Nay." Motion
Discussion ensued regarding staff's recommendation to red
to the Tampa Bay Partnership from $50,000 to $25,000. Concern wa
would not be represented on the Board of Governors and would lose'
drops below $50,000.
Councilmember Doran moved to approve a City co
Bay Partnership for FY 2007/08. The motion was du
The City Manager said on August 13, 20
this point.
Other Council Action
osed options related to increased hotel density on
cil) makes first recommendation; then City and
Planning maps would be changed; process
ity Affairs) approval; reported PODS
o construct temporary living units for post
hallenged City communities to follow beach residents' lead and
center funding shortfalls.
Mayor
City of Clearwater
Attest:
Council Special 2007-07-25
4
Item # 8
Attachment number 2
Page 5 of 5
City Clerk
Council Special 2007-07-25
5
Item # 8
Attachment number 3
Page 1 of 2
CITY COUNCIL SPECIAL BUDGET MEETING MINUTES
CITY OF CLEARWATER
August 13, 2007
Unapproved
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City
Assistant City
City Attorney
City Clerk
Board Reporte
The Mayor called the meeting to order at 6:00 p.m.
To provide continuity for research, item
necessarily discussed in that order.
2 - Council Discussion Items
a PowerPoint presentation and reviewed the
erating & Capital Improvement Budget and
396 million in FY 2007 to $397 million in FY
departments from FY 2006/07 to FY 2007/08 increase by $1.3
3.2 million: 1) Police Department - $1.4 million increase from
re Department - $1.3 million decrease from $22.7 million to
ation Department - $0.4 million decrease from $22.3 million to
ces and Engineering - $0.3 million increase from $10.4 million to
- $0.2 million increase from $30.9 million to $31.1 million; and 6)
n increase to $1.1 million.
Ge Fund Expenditures of $123.2 million: 1) Public Safety - 47%; 2) Quality of Life-
24%; 3) Administration/Other - 14%; 4) Engineering/Public Services - 9%; 5) Planning &
Development - 5%; and 6) Reserves - 1%. General Fund Expenditures of $123.2 million: 1)
Personnel- 66%; 2) Operating Costs - 16%; 3) Internal Services - 12%; 4) Transfers - 3.5%;
5) Debt - 1.5%; and 6) Reserves - 1 %.
Council Special 2007-08-13
1
Item # 8
Attachment number 3
Page 2 of 2
While taxable values have increased 5%, or $0.5 billion, from $10.7 billion in 2007 to
$11.2 billion in 2008, the scale of increases has slowed. As required by State law, the budget
reduces the millage rate 10.2% from 5.2088 mills in FY 2006/07 to a proposed rate of 4.6777
mills in FY 2007/08. City taxes on a house valued at $150,000 in 2007 will decrease by $59.20.
To achieve Budget Task Force recommendations, the City has: 1) adopte
imposed cap; 2) limited the growth of facilities and FTEs; 3) reduced the P rks
budget, 4) consolidated Public Communications; 5) eliminated or redu 'nd
City facilities; 6) prohibited use of reserves to fund FTEs; 7) elimina lans
position; and 8) no transfer of FTEs from Enterprise Funds to the Fund.
Additional public hearings on the budget are scheduled for
20,2007.
2.3 Public Input
Bill Jonson requested that the comparative study 0
completed and recommended budgeting sufficient fun
Lucille Casey requested the City fund the
levels.
Anne Garris reported volunt
and recreation center.
City did not ha
assign one S
ea during schoo
d two SROs at each
h school and middle
ance tonight is due to the significant reduction to
eserves. He said the City Council had done a
thanked the Budget Task Force for their efforts.
Mayor
City of Clearwater
Attest:
City Clerk
Council Special 2007-08-13
2
Item # 8
Attachment number 4
Page 1 of 16
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 14, 2007
Unapproved
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City
Assistant City
City Attorney
City Clerk
Board Reporte
The Mayor called the meeting to order at 6:00 p.m.
offered by Rev. Dr. Becky Burton from Peace Memori
the Pledge of Allegiance.
To provide continuity for research, it
necessarily discussed in that order.
4. - Presentations
roduced the Diversity Post Contest winners.
artis, Martin McHale, Keenan Gimaginari, Stphan Musser and
bassadors to Nagano, Japan, were recognized.
5.1 A rov e minutes of the Au ust 2 2007 Cit Council Meetin as submitted in written
summation bv the City Clerk.
Councilmember Petersen moved to approve the minutes of the August 2, 2007 meeting,
as recorded and submitted in written summation by the City Clerk to each Councilmember. The
motion was duly seconded and carried unanimously.
Council 2007-08-14
1tem # 8
Attachment number 4
Page 2 of 16
6. - Citizens to be Heard re Items Not on the Agenda
Shellv Korland acknowledged the passing of Mike Sabota and his contributions to the
community; said Eric Wilson, Neighborhood Services, truly understands the relationship
between neighborhood services and the community.
Richard Sanderson and Christina Pvler reviewed problems at Crest Lake
Police chief Dewey Williams reviewed efforts to address the problems, whi h ar
Crest Lake Park. He said additional efforts are being considered. Th ue
discussed at a future Work Session.
rk. Deputy
confined to
e
Tim Ponticelli invited all to a crime watch walk in the Gatew
Bill Berqer expressed concern a propane tank was installed in
the sidewalk; said the Building Code needs to be changed.
Sheila Cole, Clearwater Beach Chamber of Commerce, said
received regarding the condition of the beach.
In response to a question, Parks & Recreati
rakes used to clean the beach is being refurbish
seaweed has been deposited on the beach.
Discussion ensued with reco
cans to the beach.
gineering, design, and construction administration services for
and Wood Valley neighborhoods. These traffic-calming
-standing resident requests for a solution to speeding vehicles in
ods. The projects provide traffic calming treatments throughout the
eluded in the City's traffic calming work program. The Morningside
borhoods are ranked 3 and 4, respectively, for traffic calming by number
The work involves design of conceptual Traffic Calming Plans that were developed by
neighborhood residents at a City-sponsored charrette workshop, then field-verified by
engineers. The Traffic Calming Plans are supported by petitions signed by the owners of
approximately 65% of the parcels in the Morningside and Wood Valley neighborhoods.
Council 2007-08-14
Jtem # 8
Attachment number 4
Page 3 of 16
Work on the Morningside design will commence upon award and execution of the Work
Order; the design work will be completed in 242 days; and the construction administration
services administration will be completed at the end of construction, in approximately 10
additional months.
Work on the Wood Valley design will commence upon award and execution of the Work
Order; the design work will be completed in 218 days; and the construction admi ' tration
services administration will be completed at the end of construction in approxim six
additional months.
Maintenance of the associated signing and pavement mark'
Traffic Operations. Maintenance of the associated landscaping an
by the Parks & Recreation Department.
It was noted approval of this item accelerates implementation
projects and does not take funds from one project for another.
Two people spoke in support of the projects.
expenditure.
Councilmember Cretekos moved to appr
92259 budget by adding $4,686,000 of undesig
work orders to Wade-Trim (Engineer-of-record
Wood Valley project and $428,042. esig
appropriate officials to execute sa mot
unanimously.
~es a 0.201-acre property consisting of one
g. It is located on the south side of
Evans Drive. The applicant is requesting this
id waste se ce from the City. The property is within an
xisting City boundaries. It is proposed that the property be
designation of Residential Low (RL) and a zoning category of
I (LMDR). This property is contiguous to a water/drainage
artment determined that the proposed annexation is consistent with
munity Development Code Section 4-604.E and Pinellas County
s follows: In November 2003, an Agreement to Annex was signed by a
previous 0 which allowed City sewer service to be extended to this property. That property
owner paid all of the City's sewer impact and assessment fees. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District III and service
will be administered through the district headquarters located at 2851 North McMullen-Booth
Road. Fire and emergency medical services will be provided to this property by Station 48
located at 1700 North Belcher Road. The City has adequate capacity to serve this property with
Council 2007-08-14
3tem # 8
Attachment number 4
Page 4 of 16
solid waste, Police, Fire, and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service.
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban
service area shall be promoted through application of the Clearwater Community Development
Code. The proposed RL Future Land Use Plan category is consistent with the cu ent
Countywide Plan designation of this property. This designation primarily R rmit 'dential
uses at a density of five units per acre. The proposed zoning district t si the
property is the Low Medium Density Residential (LMDR) District. T the
property is consistent with the uses allowed in the District and the y exceed
District's minimum dimensional requirements. The proposed anne is there
with the Countywide Plan, City's Comprehensive Plan and Commu e
property proposed for annexation is located within an enclave, is not
municipal boundaries but is within the City's urban service area; there
consistent with Section 6(1 )(b) of Pinellas County Ordinance 00-63
and meets the applicable requirements of Florida Statutes 171. The nell
(PPC) staff has reviewed this annexation and no objection raised.
Councilmember Doran moved to approve t
Designation of Residential Low (RL) and Initial Z
Density Residential (LMDR) District for 2767 M
Terrace First Addition, Sec. 05- 29-16). The m
unanimously.
resented fo rst reading and read by title only.
pass Ordinance 7847-07 on first reading. The motion was
the vote was:
Cretekos, Gibson, and Hibbard.
Petersen.
Ordinance 7848-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7848-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2007-08-14
4tem # 8
Attachment number 4
Page 5 of 16
"Nays": None.
7.3 Approve the Annexation. Initial Land Use Plan Desiqnation of Residential Urban (RU) and
Initial Zoninq Atlas Desiqnation of Low Medium Densitv Residential (LMDR) District for a part of
the property addressed as 2186 Drew Street (a part of Lot 13, Pine Dell, Sec. 12-29-15); and
Pass Ordinances 7849-07.7850-07 and 7851-07 on first readinq. (ANX2007-06015)
This voluntary annexation petition involves a 0.0042-acre part of a
consisting of one parcel of land occupied by a retail use. It is located
Avenue approximately 80 feet west of Belcher Road. The applicant'
annexation in order to have all of the property within the municipal
April 1973, the City Commission approved Ordinance 1447. This
properties into the City limits of Clearwater including the majority pa
Ordinance did not include the subject part of 2186 Drew Street. This
within an enclave and adjacent to City boundaries. It is proposed tha
be assigned a Future Land Use Plan designation of Residential Urb
category of Low Medium Density Residential (LMDR).
The Planning Department determined that the
the provisions of Community Development Code S
Ordinance 00-63 as follows: All of the City's sew
and the City is currently providing service. Coli
City of Clearwater. The property is located wit
administered through the district he ers
Fire and emergency medical servi e pr ed to
1700 North Belcher Road. T i adequate cap
waste, police fire and EMS he proposed a
on d their Ie rvice.
enc
area;
00-63,
171. The
ollowing objective of the
2.4: Compact evelopment within the urban
'cation of the Clearwater Community Development
category is consistent with the current
is designation primarily permits residential
ed zoning district to be assigned to this part
Density R Idential District. The use of this part of the
r of the property has a Commercial General (CG) Future Land
ed zoning district of Commercial (C). The proposed
t with the Countywide Plan, City's Comprehensive Plan and
; and the property proposed for annexation is located within an
sting municipal boundaries and is within the City's urban service
ation is consistent with Section 6(1 )(a) of Pinellas County Ordinance
annexation and meets the applicable requirements of Florida Statutes
has reviewed this annexation and no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for a part of the property addressed as 2186 Drew Street (a
part of Lot 13, Pine Dell, Sec. 12-29-15). The motion was duly seconded and carried
unanimously.
Council 2007-08-14
!item # 8
Attachment number 4
Page 6 of 16
Ordinance 7849-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 78549-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7850-07 was presented for first reading and read b
Councilmember Petersen moved to pass Ordinance 7850-07 on firs
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hil:)
"Nays": None.
Ordinance 7851-07 was presented for first reading and read I:) title
Councilmember Doran moved to pass Ordinance 7851-07 . treading.
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretek
"Nays": None.
olves property comprising
ted at the soutti orner of the intersection of
erty, formerly known as Jasmine Courts, has a
nd a zoning designation of Medium Density
o amend the FLUP designation of the site to
r to construct up to 556 attached dwellings.
determined that the proposed future land use plan
consistent with the following standards specified in the
1) The proposed land use plan amendment is consistent with
e proposed use is compatible with the surrounding area; 3)
available to serve the property; and 4) The proposed land use plan
an adverse impact on the natural environment.
ce with the Countywide Plan Rules, the land use plan amendment is subject
to the appr of the PPC and the Board of County Commissioners acting as the Countywide
Planning Authority. The application is a large-scale amendment and review and approval by the
Florida Department of Community Affairs is required.
The CDB (Community Development Board) reviewed this application at its public
hearing on July 17,2007, and unanimously recommended approval of the Future Land Use
Plan amendment.
Council 2007-08-14
6tem # 8
Attachment number 4
Page 7 of 16
Councilmember Cretekos moved to approve a Future Land Use Plan
Amendment from the Residential Urban (RU) Category to the Residential Medium (RM)
Category for property located at 2990 Tanglewood Drive (consisting of a portion of Sec.
17-29-16 in Metes and Bounds 11/02 and 11/01). The motion was duly seconded and
carried unanimously.
Ordinance 7843-07 was presented for first reading and rea
Councilmember Gibson moved to pass Ordinance 7843-07 on first
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibb
"Nays": None.
8. - Second Readings - Public Hearing
Ordinance 7729-07 was pre
Councilmember Petersen moved t
reading. The motion was du c
resented for second reading and read by title only.
pass and adopt Ordinance 7730-07 on second and final
conded and upon roll call, the vote was:
, Petersen, Cretekos, Gibson, and Hibbard.
ce 7775-07 on second readin amendin the future land use Ian element of
the Compre nsive Plan of the city to chanqe the land use desiqnation for certain real property
whose post office address is 2060 Everqreen Avenue. from Residential Urban to Residential
Medium.
Council 2007-08-14
ittem # 8
Attachment number 4
Page 8 of 16
Ordinance 7775-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7775-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7782-07 was presented for s
Councilmember Gibson moved to pass and ad
reading. The motion was duly seco nd u
"Ayes":
declared a conflict of interest.
and a
grant.
interprete
rate of $15
City Council approved acceptance of the above-referenced grant
eement with the YWCA to deliver contractual services under the
included training, advice, and counseling to human trafficking victims,
s, document translation, and participation in the task force coalition, all at a
hour for a maximum of $45,000, to be funded by the grant.
The Task Force includes a partnership with World Relief, which received a separate
DOJ/BJA grant that was designated to provide funding for social services for the human
trafficking victims that Clearwater's task force uncovers. World Relief also has a contractual
agreement with the YWCA to provide partial payment of the salary and benefits for a full-time
Council 2007-08-14
8tem # 8
Attachment number 4
Page 9 of 16
Human Trafficking case management position. The amount budgeted in World Relief's grant
was insufficient to hire a qualified full-time case management specialist.
On May 17,2007, DOJ/BJA approved a budget modification submitted by Clearwater to
reallocate $26,860 of the $45,000 budgeted in its grant to provide partial payment of the
balance of the salary and FICA for the full-time human trafficking case management position at
the YWCA.
The remaining $18,140 of the $45,000 in grant funds budgeted
provided by the YWCA will still be utilized for the originally stated p
maximum liability under this contract remains at $45,000, funded b
Councilmember Doran moved to approve amendment of an
for services delivered under a FY 2006 Department of Justice, Burea
(DOJ/BJA) grant that funds the Clearwater Area Task Force on Hum
one full-time Human Trafficking case management position. The m
Councilmembers Doran, Cretekos, Gibson, and Mayor Hibbard vote
Petersen abstained. Motion carried.
I Year) 2005
I reement with the
," including
leducation activities.
riod of October 1, 2005 -
rant is September 30, 2008.
oved acceptance of a FY 2006 JAG in the
with the YWCA of Tampa Bay to continue the
al expenses were to be spread out over a
r 30, 2008. The actual expiration date for the
$
hav
to all
Police
the YWC
federal gra
FY 2005 JAG budget reveals a balance of approximately
The YWCA has advised the Police Department that it will not
e billed against all of those funds by September 30, 2007. In order
olice Department more time to expend the FY 2005 JAG funds, the
ow seeking a one-year extension of the City's contractual agreement with
ptember 30, 2007 to September 30, 2008, which is the end date of the
eriod.
Once all of the FY 2005 JAG funds have been exhausted, the FY 2006 JAG funds will
be utilized for payment of contractual services with the YWCA. This will necessitate a one-year
extension of the City's contractual agreement with the YWCA for that grant as well, from
September 30, 2008 to September 30, 2009, which is the end date for that federal grant period.
There are no additional costs associated with the extension of time for either of these
Council 2007-08-14
9tem # 8
Attachment number 4
Page 10 of 16
contractual agreements. The extensions of time will simply allow Clearwater to utilize all of the
federal grant funds to which it is entitled.
Councilmember Cretekos moved to approve an extension of agreements with the YWCA
of Tampa Bay by one year to provide contractual services for "Operation Apoyo Hispano" and
authorize the appropriate officials to execute same. The motion was duly seconded.
Councilmembers Doran, Cretekos, Gibson, and Mayor Hibbard voted "Aye." Cou cilmember
Petersen abstained. Motion carried.
9.3 A rove settlement of the Iiabilit claim of Jose
On November 30, 2006, a police officer, driving a City vehi
pursuing a vehicle believed to contain armed suspects wanted for a
operating his vehicle when he heard and saw an approaching police
off to the side of the road to get out of the way of the police car. The
the fleeing vehicle and attempted to disable the fleeing vehicle by h'
police car. Unfortunately the maneuver was unsuccessful, and the fl
the police car went out of control and hit Mr. Valley's parke 'c1e.
total loss.
Mr. Valley was Bayflighted from the seen
tissue injuries to his back, knee, and elbow, an
treated conservatively for all injuries, and incur
fusion was suggested as appropriat ent
result in satisfactory improvement. , Mr.
does the cost would exceed $ 0
atutes is $100,000.
mmend this settlement.
r claims expense in the
ve settlement of the liability claim of Joseph
s duly seconded and carried unanimously.
urchase financing to pay for certain capital equipment. Lease
the City to pay for items over their useful life. The City's contract with
Ich expires on September 30, 2007, has a provision for two one-year
s the second extension. Resolution 07-20 allows the City to pay the vendors
and then b mbursed from Sun Trust Leasing. Approval of this resolution and lease
purchase contract does not represent a commitment to borrow. Decisions to lease purchase
specific items of equipment must be budgeted for or approved separately in accordance with the
City's purchasing policy.
Councilmember Petersen moved to approve the City's intention to be reimbursed from
the proceeds of tax-exempt financing for certain capital expenditures, approve a contract
Council 2007-08-14
10tem # 8
Attachment number 4
Page 11 of 16
extension with SunTrust Leasing Corporation to provide lease purchase financing, authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Resolution 07-20 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-20 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbar
"Nays": None.
Included in the FY 2006/2007 CIP budget i
Clearwater in FY 2009/2010, to be funded in pa
awarded a grant in the amount of $200,000 to
Clearwater on the south side of Enterprise Roa
The project will provide a s
American Veterinary Medical
Clearwater own 27,984 dog
La of its us
ater. The
seholds in
ocated at Crest
nterprise Road, east of
ng area, fencing, landscaping,
creation impact fees and $82,000 of general
r to meet the match for this project.
own and be responsible for maintenance of this facility. Since
intained by the City, no new operating resources or staff will
. Minimal operating costs for electricity, water and trash
24,000 per year, which will be absorbed in the existing budget.
uestion, Mr. Dunbar said the only additional expenses are for
ilities. Parking will be added and it will be clear that this is a dog park.
acquired this land from a developer.
Councilmember Cretekos moved to approve a Florida Recreation Development
Assistance Program (FRDAP) project grant agreement for Enterprise Dog Park, in the amount
of $200,000, with the State of Florida Department of Environmental Protection and authorize the
appropriate officials to execute same, establish capital improvement project "Enterprise Dog
Park" in the amount of $400,000 and approve the expenditure of Recreation Impact Fees in the
amount of $118,000 for this project. The motion was duly seconded and carried unanimously.
Council 2007-08-14
11tem # 8
Attachment number 4
Page 12 of 16
9.6 Approve Florida Recreation Development Assistance Proqram (FRDAP) proiect qrant
aqreement for Countryside Park Improvements. in the amount of $200.000. with the State of
Florida Department of Environmental Protection and authorize the appropriate officials to
execute same.
The City has been awarded a grant in the amount of $200,000 to provide
to Countryside Community Park, including the renovation of the playgroun , pic
construction of a new restroom/storage/concession building. This tota ct
$425,000. The City already has received a grant from Pinellas Cou am
$125,000. The Countryside Little League has committed to raising 00 for this
Clearwater for Youth has committed $25,000. The project include ncemen
playground to provide "limitless" features to facilitate play for all abil n
to the future Progress Energy Trail, additional picnic facilities, and th
restroom/storage/concession building.
hancements
cilities, and
s
The current concession building is in a less than desirable loc Ion,
and in need of major renovations. The existing restroom b is inconve
the southeastern portion of the park as it was constru athletic fl
has hired the firm of Fowler and Associates to perf sign servi
restrooms/concession building. The new single- 'Iding will c
restrooms, storage, concession area, meeting r construct
building will replace three existing buildin s, w rt of this p
The consolidation will not require an iona
n Development
agreement for side Park Improvements, in
rida Department of Environmental Protection and
me. The motion was duly seconded and
n of lot 10, E.A. Marshall subdivision and a portion of
e property is within the City limits of Clearwater consisting of 0.5
plat will create 5 townhome lots. The proposed project was
t Review Committee on September 12, 2002 and by the CDB on
he property is zoned as Medium Density Residential (MDR).
Co member Petersen moved to approve the final plat for "CLEARWATER VILLAGE
PHASE ONE-A," located at 1312 State Street approximately 700 feet east of Betty Lane. The
motion was duly seconded and carried unanimously.
9.8 Approve an Interim Traffic Calminq Recommendation from staff at an estimated cost of
$34.000 for Morninqside to install speed tables on Stewart Blvd. and on Harn Blvd. until the
formal traffic-calminq plan is implemented in FY 2008/09.
Council 2007-08-14
1Jtem # 8
Attachment number 4
Page 13 of 16
Speed tables are to be deployed on Stewart Boulevard, Summerlin Drive, between
Stewart Boulevard and Fairbanks Drive, Williams Drive, between Stewart Boulevard and
Ranchwood Drive, and on Harn Boulevard on an interim basis and will be removed once the
formal traffic calming is deployed. There is 65% consensus of the property owners on Stewart
Boulevard and 65% consensus of the property owners on Harn Boulevard. Traffic Operations
Division and Public Services Department will maintain the speed tables and asso 'ated signing
and markings. The speed tables will be installed by the City's Public Servi es D ment
personnel.
In response to a question, Traffic Engineer Paul Bertels sai
a short life, are dangerous, and offer little benefit. A future discuss
requiring neighborhood contributions to the cost of interim traffic ca
Councilmember Doran moved to approve an Interim Traffic C
from staff at an estimated cost of $34,000 for Morningside to install
Boulevard and on Harn Boulevard until the formal traffic-calming plan
2008/09. The motion was duly seconded and carried un sly.
ey said the City is pursuing reimbursement for
sue. City Engineer Mike Quillen said
long Gulfview Boulevard. This item will cover
moved to approve ratifying and confirming payment of
ting Solutions - Florida to install lighting and related
s of the Beach Walk project area, in the amount of $251,249.07.
(led and carried unanimously.
4 Article III Wellhead Protection to u date the ordinance in accordance
Administrative Code re uirements and ass Ordinance 7800-07 on first
The City's current wellhead protection ordinance was adopted in June 1991. Since then,
there have been changes in the Florida Administrative Code - Chapter 62 - to restrict certain
activities adjacent to water supply wells that could pose a risk to ground water quality. In
addition, the 1991 ordinance applied only to nonresidential development. The City currently has
Council 2007-08-14
13tem # 8
Attachment number 4
Page 14 of 16
19 potable water supply wells used to supplement purchased water, with plans to expand to
approximately 40 wells in the next few years.
This proposed ordinance will apply to new activities adjacent to existing or new wells.
Specifically, the ordinance will require a Wellhead Protection Permit for any new nonresidential
activity within 500 feet of a well or new residential activity within 100 feet of a well. If any
potentially contaminating material is proposed to be used or stored within these z es, a
Protection-Containment Plan will be required. With this revision, the City's ordin will be
updated in accordance with current Florida Administrative Code requir s i
restrictions on residential development.
Councilmember Gibson moved to amend Chapter 24, Articl
update the ordinance in accordance with current Florida Administra
The motion was duly seconded and carried unanimously.
Ordinance 7800-07 was presented for first reading and read
Councilmember Petersen moved to pass Ordinance 7800-07 on first
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos
"Nays": None.
9.11 Provide Direction on Pro
Temporary Lodqinq Uses.
said the PPC re oposing
to increase the r overnight
These prop d for public hearing at
meeting of A The proposed
e an alternative y for temporary lodging (hotel)
porary lodging units per acre depending on parcel
mporary lodging uses to comply with both
Require that projects utilizing the alternative
the City, subject to review and
differen
that woul
Agreement
density.
om the County has generally the same requirements with two
necessitate that a land use amendment be processed for every hotel
to utilize the increased density and 2) It does not require that a Development
entered into between a developer and the City in order to utilize the increased
The Planning Department supports increasing allowable densities for temporary lodging
(hotels). It is concerned, however, that the proposed revisions to the Countywide Rules may not
produce the desired outcome of new hotel development on Clearwater Beach. Of particular
concern is the relationship between hotel densities and lot size requirements, the combination of
Council 2007-08-14
14tem # 8
Attachment number 4
Page 15 of 16
those densities with Floor Area Ratios, and the requirement for projects to enter into
development agreements that must be reviewed and approved by the CPA. These concerns
are further discussed in the white paper. Further, the Planning Department would propose an
alternative relevant to Clearwater Beach, which is discussed in the paper and for which direction
is being sought from the City Council.
Mr. Delk said economic research indicates densities for beach overnight
need to be higher than for condominiums. While staff supports PPC's effo ts, th
enough to address what is needed on Clearwater beach. Mr. Delk rec nd
support and adopt the PPC proposal and apply it to Tourist districts side
amendment to increase density in Beach by Design. Massing, hot e, and oth
also require consideration. He said staff could mitigate DCA (Flori artmen
Affairs) concerns.
In response to a question, Mr. Delk said while suburban mode
and are surrounded by substantial open space, that circumstance d
beach, where higher densities on smaller pieces of land would be ne ssa
increase the number of allowable units but not the size of t It was re
changes may result in some hotels lacking onsite par . isions that
result in the construction of resort facilities but mid- d hotels.
city staff recommends support of PPC alternativ
Councilmember Doran moved to direct
prefers PPC proposed Alternative A mo
unanimously.
e s. Mr. Delk said
fter making
e City would forward
ong as it only addresses
s be scheduled to discuss the
determine what will be acceptable
d.
a proposal for increased density for overnight
h by Design area and to schedule a public meeting on the
Miscellaneous Reports and Items
The City Attorney reported the Legislature had adopted an ordinance related to
solicitation in rights-of-way and suggested the City follow State Statute until the Attorney
General renders an opinion.
Council 2007-08-14
1!ltem # 8
Attachment number 4
Page 16 of 16
Concern was expressed that the City was unaware of this legislation being filed. City
Clerk Cyndie Goudeau said staff has requested more frequent communication with City
lobbyists in order to stay better informed.
10. - City Manager Verbal Reports
The City Manager said staff tries to provide services as efficiently as poss'
timing of equipment replacement is a judgment call.
Assistant City Manager Garry Brumback said this has been
had.
11. - Other Council Action
Councilmembers reported on events in which they recently pa
upcoming events; enjoyed working with Assistant City Manager Bru
in his new position as City Manager of Bay town, Texas.
Councilmember Cretekos expressed condolen
his passing; requested Council support a message
Councilmember Petersen said new Got
Councilmember Doran said
Ross Norton Foundation and other.
grant was not budgeted.
Mayor
City of Clearwater
Council 2007-08-14
16tem # 8
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2007/08 through 2009/10.
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.
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
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CIl ... Item # 9
c::: ll..
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 # 9
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 DEP ARTMENT. 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 # 9
Meeting Date:9/6/2007
City Council Agenda
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: 1) Clerk
Cover Memo
Item # 10
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
Ordinancel~7~fc97
Meeting Date:9/6/2007
City Council Agenda
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: 1) Clerk
Cover Memo
Item # 11
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.ltmraa!5711
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.ltmraa!5711
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
I nterest Income 1,281,453 719,000 1,263,950
Miscellaneous 1,163,373 1,208,880 1,053,710
I nterfund Charges/Transfers 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 18,475,210 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
Ordinant.tetWfr6~-'P7
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 18,475,210 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
Ordinant.tetWfr6~-'P7
Meeting Date:9/6/2007
City Council Agenda
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: 1) Clerk
Cover Memo
Item # 12
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'lfmff ff.712
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'lfmff ff.712
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 3
Page 1 of 2
Item # 12
Ordinance #7867-07
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08
Attachment number 3
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 # 12
Ordinance #7867-07
Meeting Date:9/6/2007
City Council Agenda
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 DY 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. (DY 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( 1 0) 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:
Cover Memo
Item # 13
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.
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-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 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 ifless than 27 slips) and the disallowance ofrefueling 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 (DY 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.
Cover Memo
Review Approval: 1) Clerk
Item # 13
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 & Burns, 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
DY A2007 -00002 - Page I of 4
Item # 13
Attachment number 1
Page 2 of 4
CHARACTER OF THE
IMMEDIATE 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
DY A2007 -00002 - Page 2 of 4
Item # 13
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 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 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 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 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
DY A2007 -00002 - Page 3 of 4
Item # 13
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 for the next CDBIDV A2007-00002 Mandalay 500 Sand pearl Resort
(T) - 7.17.07 CDB - WWIMandalay 500 Amended Dev. Agree. StaffReportfor 7.17.07 CDB.doc
Community Development Board - July 17, 2007
DY A2007 -00002 - Page 4 of 4
Item # 13
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 Sandpearl
Resort, LLC, a Florida limited liability company, formerly known as CBR Development I, LLC
and The Residences at Sandpearl 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 sea. 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 # 13
Attachment number 2
Page 2 of 43
10. Boat Dockina 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 # 13
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 # 13
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 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 4
ADOPTED
Item # 13
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 # 13
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Amendment to Development Agreement
Page 7
ADOPTED
Item # 13
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 # 13
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 # 13
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 # 13
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 Authoritv 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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 carry on 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 # 13
Attachment number 2
Page 17 of43
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 8t. 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 # 13
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
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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.
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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
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2.
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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.
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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
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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.
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ADOPTED
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Attachment number 2
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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
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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
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ADOPTED
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Attachment number 2
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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.
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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
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ADOPTED
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Attachment number 2
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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
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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 Proceedings 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
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Attachment number 2
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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.
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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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 Sandpearl 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 Oev Agt
Amendment to Development Agreement
Page 39
ADOPTED
Item # 13
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Page 40
ADOPTED
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Amendment to Development Agreement
Page 41
ADOPTED
Item # 13
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 RIW 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 # 13
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
WEEKLY:
. 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 # 13
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 # 13
Resolution No. 07-17
Meeting Date:9/6/2007
City Council Agenda
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 Administrati ve 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) Clerk
Cover Memo
Item # 14
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 # 14
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 # 14
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7800-07 on second reading, relating to wellhead protection, amending Chapter 24, Public Health, Article Ill,
Wellhead Protection, adding new section 24.64, Permit Requirements, and renumbering sections.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
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 Adm inistrative 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 Adm inistrative Code (F.A. C. ), of the Florida Department of
Environmental Protection (FDEP) Regulation.
Enqineerinq Pubffc II'lOrks 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. 1ft!m)-#l715
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 'Nater Management District (SWFWMD), 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 SWFWMD, 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. ~-;@715
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. 24.6Q.. -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. 24.6~a. 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. ~-;@715
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~ ~l 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 permit. 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 99. 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. ~-;@715
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. ~-;@715
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
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.Iftazn).ft1716
Attachment number 1
Page 2 of 2
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
2
Ordinance NoI.tem6#r116
Meeting Date:9/6/2007
City Council Agenda
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 Morningside Drive, upon annexation into
the City of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
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 MORNINGS IDE 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 # 17
Ordinance No. 7847-07
Meeting Date:9/6/2007
City Council Agenda
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 # 18
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 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 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 # 18
Ordinance No. 7848-07
Meeting Date:9/6/2007
City Council Agenda
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 # 19
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.
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, 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 # 19
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 # 19
Ordinance No. 7849-07
Meeting Date:9/6/2007
City Council Agenda
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 # 20
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 # 20
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 # 20
Meeting Date:9/6/2007
City Council Agenda
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 # 21
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 # 21
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 # 21
Ordinance No. 7851-07
Meeting Date:9/6/2007
City Council Agenda
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. Clearwater will receive 7.9761 % of the net proceeds remaining after those funds are
deducted.
Review Approval: 1) Clerk
Cover Memo
Item # 22
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Item # 22
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Penny for PineUas Extension
Approved City Cm.mdl ProJects
2010-2020
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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
Y ouili 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 # 22
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an amendment to the lnterlocal 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) Clerk
Cover Memo
Item # 23
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 Pinellas
County, a political subdivision of the State of Florida (the "County") and the muuicipalitiesnthat
are. parties hereto within Pinellas County representing a majority of the population 'Of the
incorporated area of Pinellas County, as listed.. oon the signature pages hereto (the
".,
"Municipali ties"),
WIT N.IE 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 ~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 # 23
Attachment number 1
Page 2 of 2
NOW, THEREFORlE, in consideration ofthe premises and of the mutual benefit, and in
consideration of the covenants and agreements set f01ih herein, the County and the
Municipalities agree as follows:
1. The effective date of the Interlocal is hereby amended to provide that the telID
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 ofthe day and year first written above.
ATTEST:
KEN BURKE, CLERIC
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\Agreemenls\FIRST AMENDMENT TO lNTERLOCAL RE FUEL TAX,doc
<ADDITIONAL SIGNATURE PAGES TO FOLLOW>
Item # 23
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 # 23
Meeting Date:9/6/2007
City Council Agenda
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 VIC. 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 VIC. Those relationships enable the CRCC to meet and exceed the needs and expectations of our
visitors. Through CRCe'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 incre~'dltMe~enue
through the above, all of which provides economic return to the City of Clearwater.
Item # 24
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Other
Yes
Budget Adjustment:
None
45,000
Appropriation Code
010-09216-530300-552-000
Review Approval: 1) Clerk
45,000
235,000
2007 to 2008
Annual Operating Cost:
Total Cost:
Amount
45,000
Appropriation Comment
Cover Memo
Item # 24
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 st, 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 ctltEl~ # 24
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 ctltEl~ # 24
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 ctltEl~ # 24
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: Prem ises 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 ctltEl~ # 24
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 ctltEl~ # 24
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 ctltEl~ # 24
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 ctltEl~ # 24
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 ctltEl~ # 24
Attachment number 1
Page 9 of 10
. Hours of Operation: The VIC will be open 361 days a year!? 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 ?pm 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 ctltEl~ # 24
Attachment number 1
Page 10 of 10
Exhibit B
Page 1 0 ctIt~~ # 24
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 # 24
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.
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Meeting Date:9/6/2007
City Council Agenda
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?:
Other
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
190,000
Cover Memo
2007 to 2008
Item # 25
Appropriation Code
010-09216-530300-552-000
Review Approval: 1) Clerk
Amount
190,000
Appropriation Comment
Cover Memo
Item # 25
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 # 25
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 # 25
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 # 25
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 # 25
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 # 25
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.
. As part of the Agency's quarterly reporting requirement, the Agency will prepare
a tracking spreadsheet of 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.
6
Item # 25
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Item # 25
Meeting Date:9/6/2007
City Council Agenda
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
Appropriation Comment
$57,000
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
Cover Memo
Item # 26
Meeting Date:9/6/2007
City Council Agenda
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?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
Yes
Budget Adjustment:
None
$1,185,000
$1,185,000
10/01107 to 09/30/08
Annual Operating Cost:
Total Cost:
$1,185,000
Appropriation Code
315-96377
Amount
$1,185,000
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
Bid Exceptions:
None
29-06
Cover Memo
Item # 27
Meeting Date:9/6/2007
City Council Agenda
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 forresale; 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) Clerk
Cover Memo
Item # 28
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 # 28
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Attachment number 1
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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 # 28
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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
consecuti ve 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 # 28
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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
alterations 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 # 28
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 Acti vi ties 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 # 28
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 activity 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 # 28
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Attachment number 1
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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 # 28
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 # 28
Attachment number 1
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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
wai ting 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 # 28
Attachment number 1
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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
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Attachment number 1
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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
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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
wi th 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
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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.
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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 wi thin 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.
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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, obj ect, 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 (10th) 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.
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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
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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 activities 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 VI I, 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
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2. Automobile Liability - $1,000,000.00 combined single
limi t 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 i ts 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
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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.
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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
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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
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conditions.
B. Lessor makes no warranties and has no
liabili ty for or with respect to the removal of
debris from the Premises of any part thereof.
obligations
sand, water
or
or
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
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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.
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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 of
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.
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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 enj oyment 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
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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.
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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.
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IN WITNESS WHEREOF, the parties hereto have set their seals
on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA (Lessor)
Frank Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Camilo So to
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
CLEARWATER Airpark, INC. (Lessee)
By:
Name: David W. King, Sr., President
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EXHIBIT "A"
See Airpark Lease Description Sheets 1 and 2
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EXHIBIT "B"
CLEARWATER AIRPARK
TIE-DOWN/HANGAR LEASE
That the
has this day leased
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
- th
if not paid on or before the 20 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 # 28
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 # 28
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 # 28
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 # 28
ADA Deficiencies @ Air Ops. Bldg.
No longer applicable
34
Attachment number 1
Page 34 of 35
EXHIBIT "D"
Item # 28
Attachment number 1
Page 35 of 35
Exhibit "E"
CLEARWATER AIRPARK PLANNED MAINTENANCE PROGRAM
Itern -- ReSDonsibilitv
Cut Grass in Normal Areas See Paae 2 FBO
Cut Grass in Soecial Areas As Needed City
Keeo Fence Line Trimmed See Paae 2 FBO
Tree Trimmina As Needed City
Taxiwav Pavement As Needed City
Runwav Pavement As Needed City
ShrubberY As Needed FBO
Sians As Needed FBO
CAP Buildina As Needed CAP
Storm Sewer System Annuallv City
Storm Retention System Annuallv City
Parkina Lot Pavement As Needed City
Runwav Pavement Markinas As Needed City
Drainaae Swales Annuallv City
Fire Extinauishers Annuallv FBO
HVAC Annuallv FBO
Plumbina As Needed City
Fliaht Ooerations Buildina Paintina (interior) 5 Years FBO
Fliaht Ooerations Buildina Paintina (exterior) 7 Years City
CaroeUFloor Cleanina Semi-annuallv FBO
New T-Hanaar Drainaae sumos Annuallv City
Hard Stand ReolacemenUReoair As Needed City
Sorinkler Svstem/Pumo Maintenance As Needed City
Electrical Exterior As Needed City
T-Hanaar Electrical As Needed City
T-Hanaar Liahtina Exterior As Needed City
T-Hanaar Liahtina Interior As Needed Tennant
Shade Hanaar Liahtina As Needed City
Shade Hanaar Electrical As Needed City
Runwav Liahts As Needed FBO
Exterior Liahts As Needed City
T-Hanaar Door Lubrication As Needed City
Perimeter Security Fencina As Needed City
Automatic Gates Semi- Annuallv City
T-Hanaar Paintina As Needed City
Shade Hanaar Paintina As Needed City
FBO Buildina Interior As Needed FBO
FBO Buildina 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
35
Item # 28
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward 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 Purvis 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?:
Operating Expenditure
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$400,000
$400,000
2006 to 2008
Annual Operating Cost:
Total Cost:
$400,000
$400,000
Appropriation Code
0315-93204-550400-572-
0000000
Amount
$400,000
Appropriation Comment
Cover Memo
Bid Required?:
Other Bid / Contract:
Yes
Bid Number:
Bid Exceptions:
35-07
None
Item # 29
Review Approval: 1) Clerk
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Item # 29
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve establishing a new Capitallmprovements Project (ClP 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:
Not to Exceed:
For Fiscal Year:
nla
$490,000
2007 to 2008
Annual Operating Cost:
Total Cost:
nla
$490,000
Appropriation Code
315-93265
Amount
Appropriation Comment
Transfer from unappropriated retained earnings of the
general fund at third quarter.
Reimbursement from Library Grant from the Pine lIas
Public Library Cooperative. Cover Memo
$390,000
315-93265
$100,000
Review Approval: 1) Clerk
Item # 30
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a new Capitallmprovement Project (ClP 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 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 ClP 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
Amount
Appropriation Comment
315-93257
315-93257
$150,000
$146,000
Unappropriated retained earnings of the general fund
Various operating codes
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
07-0035-
PR
Bid Exceptions:
None
Cover Memo
Item # 31
Attachment number 1
Page 1 of 2
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Item # 31
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve establishing a new Capitallmprovements Project (ClP 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. ln 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 ClP.
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) Clerk
Cover Memo
Item # 32
Meeting Date:9/6/2007
City Council Agenda
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) Clerk
Cover Memo
Item # 33
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Meeting Date:9/6/2007
City Council Agenda
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 Storm water Revenue bond proceeds when issued is available
to fund this work order in C.I.P. 0380-96144, Stevensons Creek lmplementation projects.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
See funding statement
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$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
Appropriation Comment
$296,897.00
Review Approval: 1) Clerk
Cover Memo
Item # 34
Attachment number 1
Page 1 of 1
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1005, Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
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Attachment number 2
Page 1 of 9
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED, P A WORK INITIATION 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 # 34
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 drainage 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 pre application meetings with the Southwest Florida Water Management District
(SWFWMD) or the Florida Department of Environmental Protection (FDEP), the Florida
Department of Transportation, Pinellas County Health Department (if required) and the
City of Clearwater Development Review Committee (DRC) to discuss the project and
determine permitting requirements.
Item # 34
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 # 34
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 # 34
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 # 34
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 stormwater
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 # 34
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 # 34
Attachment number 2
Page 8 of 9
CITY OF CLEARWATER - Turner Street Box Culvert
August 24, 2007
Page 8
6. STAFF 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 # 34
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
y All electronic files must be delivered upon completion of project or with 100% plan submittal to City
of Clearwater.
Item # 34
Meeting Date:9/6/2007
City Council Agenda
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 Pine lIas 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) Clerk
Cover Memo
Item # 35
Attachment number 1
Page 1 of 1
~.rwater
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
Zi P 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 # 35
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 # 35
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 # 35
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A. (EaR), to provide professional engineering
services for the design, permitting and bidding for Skycrest Reclaimed Water Project (07-0013-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 A venue.
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.
Cover Memo
Item # 36
Type:
Capital expenditure
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Yes
$837,072.00
$837,072.00
2006 to 2007
Budget Adjustment:
Annual Operating Cost:
Total Cost:
None
$837,072.00
Appropriation Code
0327-96739-561300-533-000-
0000
0315-96739-561300-533-000-
0000
Amount
$161,131.87
$675,940.13
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 36
Attachment number 1
Legend
[!] Existing City Water Treatment Plant
. Existing City Production Well
. Proposed City Production Well
. Existing Deep Well - WUP
100 FT. RCW Buffer Around
City Production Well
100 FT. RCW Buffer Around WUP
1000 FT. Mitigation Buffer Around
City Production Well
Irrigated Parcels
. Lawn Irrigation Meters
. Reclaimed Water Meters
. Lake Withdraws
. Well Irrigation
. Well Out of Service
. Irrigation Status Unknown
Figure 4-2
City of Clearwater
Reclaimed Water Master Plan Re-Evaluation
May, 2007
Item # 36
Clearwater, FL 33756
Tel, (727)442.7196 Fax: (727)461.3827
www.mckimcreed.com
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Skycrest Reclaimed Water Project
Item # 36
August 2007
Attachment number 3
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 treabnent 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 # 36
Attachment number 3
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 # 36
Attachment number 3
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 # 36
Attachment number 3
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 # 36
Attachment number 3
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.
PW070202
Item # 36
Attachment number 3
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) concerrung the projects as
necessary.
PW070202
Item # 36
Attachment number 3
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 # 36
Attachment number 3
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 # 36
Attachment number 3
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:
CITY:
Michael D. Quillen, P.E.
City Engineer
McKim & Creed:
A. Street Lee, P.E.
Vice President
PW070202
Item # 36
Attachment number 3
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.
1. 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 # 36
ATTACHMENT B"
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 Pro"ections 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 QAfQC 2 2 8 4 16
TOTAL PHASE 1 4 14 40 180 8 246
<2
2,1 Conduct Kick Off Meetinq 2 2 4 2 10
2,2 Customer Demand Cales 2 8 10
2,3 Update/Confirm Hvdraulic Model 2 4 8 14
2,4 Routinq Anal sis 2 4 4 10
2,5 Review 90% Traffic Calmina Plans 2 8 24 40 74
2,6 Identify Permit Requirements 2 8 10
2,7 Traffic Control Reauirements 2 8 10
2,8 Ooerational Control Scheme 2 2 2 6
2,9 Basis of Desiqn Report 2 8 4 40 8 16 8 86
2,10 Preliminarv Cost Estimate 4 12 24 40
2,11 QAQC 2 4 8 6 4 8 32
2,12 Citv/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 Topoqraphic Surveys 4 4 4 2
3A2 Subsuriace Investiqation 4 4 2 10
3A3 Site Develooment 4 4 2 10
3A4 Utilitv Coordination 4 4 8 4 20
3A5 60% Desi n 2 16 6 40 62 84 210
3A6 90% Desi n 2 16 6 32 42 64 162
3A7 100% Desiqn 2 16 6 24 32 42 122
3A8 Cost Estimates 12 4 18 24 58
3,A 9 Technical Specs 12 4 40 20 76
3A10 QAfQC 2 12 24 8 12 16 74
3A11 Review Meeting w/City 2 8 6 4 20
3,A 12 Respond to Cit Comments 8 12 12 4 36
TOTAL PHASE 3,A 10 116 50 196 164 222 54 812
3,8 Transmission Main
3,8.1 Tonooranhic Survevs 6 4 8 2 20
3,82 Subsuriace Investiqation 6 4 2 12
3,8.3 Subsuriace Utilitv En ineerinq 6 8 2 16
3,8-4 Utilitv Coordination 6 8 24 12 50
3,8.5 30% Oesi n 4 20 8 60 80 120 292
3,8.6 60% Oesi n 4 20 8 80 120 160 392
3,8.7 90% Oesi n 4 20 8 40 60 120 252
3,8.8 100% Oesiqn 4 20 8 32 40 80 184
3,8.9 Cost Estimates 16 6 24 32 78
3,810 Technical Specs 16 6 24 8 54
3,8.11 QAfQC 4 16 32 8 16 16 92
3,8.12 Review Meetino w/Citv 4 8 8 4 24
3,8.13 Respond to City Comments 8 12 16 4 40
TOTAL PHASE 3,8 24 168 76 312 340 536 50 1,506
ber4
Item # 36
PRIN PROJ SR PROJ SR CAD ADMIN TOTAL
MGR PE ENG DES
3,C Distribution
3,C.1 Topoaraphic Surveys 6 4 8 2 20
3,C.2 Subsuriace Investiaation 6 4 2 12
3,C.3 Subsuriace Utilit En ineerina 6 8 2 16
3,C-4 Utilitv Coordination 6 8 24 12 50
3,C.5 60% Desi n 4 20 8 82 124 168 406
3,C.6 90% Desi n 4 20 8 62 84 128 306
3,C 7 100% Desian 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 QAlQC 4 16 24 8 16 16 84
3,C.11 Review Meetina w/Citv 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 Meetina 4 8 8 8 8 36
3,C 15 Respond /Coordinate w/Traffic Calming 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 Meetinas 4 4 2 10
4A2 Prepare/Submit Applications 2 4 8 4 8 8 34
4A3 RAls 4 8 8 16 16 52
TOTAL PHASE 4,A 2 12 20 12 24 26 96
4,8 Pipeline
4,8.1 Pre-Application Meetinqs 4 4 2 10
4,8.2 Prenare/Submit Annlications 2 4 8 4 16 8 42
4,83 RAls 4 8 8 24 16 60
TOTAL PHASE 4,8 2 12 20 12 40 26 Attachmenll~ia
age L 01 ..)
/5
5,A Pump Station
5A1 Prepare Contract Documents 2 2 2 6
5,A 2 Pre Bid Conferences 4 2 6
5A3 Respond to Questions 4 4 8 16
5A4 Issue Addenda if Reauired 4 8 4 16
TOTAL PHASE 5,A 8 12 8 10 6 44
5,8 Pipeline
5,8.1 Prepare Contract Documents 4 4 4 12
5,8.2 Pre-Bid Conferences 4 2 6
5,8.3 Respond to Questions 4 12 16 32
5,8-4 Issue Addenda if Reauired 8 16 4 28
TOTAL PHASE 5,8 8 26 16 20 8 78
TOTAL HOURS 4,586
ber4
Item # 36
PRIN PROJ SR PROJ SR I CAD ADMIN I TOTAL
MGR PE ENG DES I I
En ineerinq $ 29,822,00
DOC $ 100,00
Subtotal $ 29,922,00
En ineerin $ 35,210,00
En ineerinq Subconsultants $ 2,580,00
DOC $ 1,000,00
Subtotal $ 38,790,00
Final Design
Pumn Station
En ineerina $ 83,944,00
En ineerinq Subconsultants $ 69.4DO,OO
Survev $ 5,000,00
Geotechnical $ 5,000,00
DOC $ 3,100,00
Subtotal $ 166.444,00
Pi eline
En ineerina $ 292,088,00
Survev $ 165,000,00
Geotechnical $ 41,000,00
SUE $ 35,000,00
DOC $ 8,500,00
Subtotal $ 541,588,00
Permitting
PumD Station
En ineerinq $ 8,776,00
En ineerina Subconsultants $ 11,300,00
DOC $ 2,000,00
Subtotal $ 22,076,00
Pi eline
En ineerin $ 9,976,00
En ineerinq Subconsultants $ 5,500,00
DOC
Subtotal
Bidding
Pumn Station
En ineerina $ 4,368,00
En ineerinq Subconsultants $ 4,480,00
DOC $ 2,000,00
Subtotal $ 10,848,00
Pi eline
En ineerina $ 7,628,00
DOC $ 2,700,00
Subtotal $ 10,328,00
ber4
TOTAL
$ 837,072,00
Engineering Subconsultants includes Architectural, Structural, HVAC, Plumbing, Electrical, Instrumentation and Environmental
Item # 36
Meeting Date:9/6/2007
City Council Agenda
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 # 37
Attachment number 1
Page 1 of 1
APPOINTM ENT 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 # 37
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
RECEIVED
JUL 20 2007
Name:~ Ui" Eg~{41":'
Home Address: .
J'R 0 ( LIe IJ eft AN 7>f 'O/(
C?-l~ ~ Arf.vv Pc Zip '3 P 7~s-
Telephone: ;2 7 ~OL( ~s '3R
1'3 cr So
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS OEPT
Office Address:, . :4
FiihfLld-, /icoA 1"4t,
<-(2 3 c/e(/Q/~~ .# /. Zip 33'7~.J-
Telephone: 1"2 7 Y 6 (.- 70 zy
How long a r(Gent of Clearwater?
Occupation: € ~, f ~
Field of Education:
U {J AJ SeCt' it
C~IJ/i ~u/~
Employer: S e I.f .
Other Work Experience:
C/1dul-lc-{ 1-.US(/v,n <; _,
(f~U(-I;VP>S ., ?~JuI17h::l
If retired, former occupation:
Community Activities: N llw c
Other Interests:$re-fs
,
Board Service (current and past):
tv tfYuL .
Board Preference:
Addit~.~ona m ents' /, ~ .
Signed I~~ P'z--
Category pplying For:
( ) Agency involved in Brownfields redevelopment
( 0Business 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 Cz ' 2E7J?
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 # 37
Attachment number 2
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? ,
/Jb 111 e e -f- ~.. bt.e :S S ( 1+- 'j)/lR. C ( ,I L
, I
/11. ffi1."1 J1; 4IrfZ~ s. L?l< (Q/U<-tA. ( ~
~ ~.~(dS' ,
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station? ,
;r J;u;t fA-d r Ik ~J 0f7c/ bcJC'001.-'
( ("
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
-z. ~ CZ V ~ ~' ~cJlcf?'C.
VI/'[ fJu {"q('C{ / 3f' ,01-7 (' ~ ~
.~ ~ c::::tht t' r;; /fr(
/, c~ s:./ ~0t,~
4. Why do you want to serve on this Board?
, ! lJ j, e rf 1: ---;/1t/ LV ~ '-/-C!
cf dJ 'tiP /
, )
~.yJr~
Name~; 1~/f}L/0~'
Board Name: /5/1 ~ S' -f) el'cls M t/; S d~
Item # 37
Attachment number 3
Page 1 of 1
RECEIVED
JUL 1 7 2007
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARDFF/CIAl RECORDS AND
LEGISlATIVE SRVCS DEPT
Name: SIDUX f-J ~f<.r
Home Address: Office Address:
~3() FA/ICUCJA}T 57 6oo8Y1?;;S5 ZJR,
,
(lLlEI/;I(u'f:1TE:~1 FL Zip. ~3'75s ~AR.U)I4TEleJ FL Zip 337~~
Telephone: '111 /ff.f2-'f202.:3 Telephone: 7:27 7:u,~2...L/~? )( s-/1
How long a resident of Clearwater? cfL{) ~c<r s
Occupation: FtlJ/MJC/AI- 0,iZl<tI/(!,es Employer: nICS! ~ou /'JDERS F/ NANClA L
Field of Education: Other Work Experience:
--PrltlS/CS GrR.E~N 1<;z)JOLJAT/oN
QRC;ftfJ Ie c:;A-RDE:.iJJNC:, (;REE.N ~IJOS/'AP/ AJC;;
If retired, former occupation:
Community Activities: 'PRe5ID~}.JT) CLE:11R.wAriZlC TDA~TJL1ASTE~S.) CiZR.Tj FOLCNDER, 6;"
ViCe. ?RJ6JTJ}Z)J~BAYV/~~{) tfE.JGI-/75 NE.I(2,I-IBORHooi/ IPSNI \!OJ-Ut0TE.E.f< J.lJ}J~5J
Other Interests:
Board Service (current and past):
Board Preference:
-,-'-'" .......
Additiona~ents: J ~~mrtti:L "'; .M~:a~
Signed: ~ - - .. Date: /2 r;J& ,0'7
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 # 37
Attachment number 3
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
7(." 'R.J:l?J<v:Eaf)? -1/-u 6n'a9/~~ Hz ~2 uJc2'?1 Y-Jfd/'
(/
d:j~F1 ~;1'tL" f'/7!!Ppif <'lift! A1'5//1tJ it i~
~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: ('hvv.lJdk ,B~ !2tI-v/4~ ~:ul,
Item # 37
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Confirm the Mayor's reappointment 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 # 38
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 QUALIFICATIONS: 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 # 38
~
Re
Attachment number 2
::P'q of i
CiTY OF CLEAR\\'ATER
Application for Advisory Boards
(mu~t be Clearwater resident)
Name Terry 8yrd
Home Address:
:l? 30 I3rt:tUfon Ci
C lea..rcucti-er ZIP: 3 ifbc2 /
Telephone 700" lIS b
Ottice Address:
ZIP:
Telephone .3 L./- / ~ '1-5/3
How Long a resident of the City ot 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-aJ e..r !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 RM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 3461 8 I~
A-- _f, L It cr (d1 ! 15 ~ -1-. ~ '-'(..."'ff + 9 . . q '1 "'t~
~~\ ~n . , . ~ .
s+vvt- I~( 9('Jc}rr =-( 'fr ~1'3<l( :&003 ~ art ~
. 9!1f!o) ~+.1-;: 3r-~. ~~.
ru
Meeting Date:9/6/2007
City Council Agenda
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 # 39
Attachment number 1
Page 1 of 1
APPOINTMENT WORKSHEET
BOARD: Community Relations Board
TERM: 4 years
APPOI NT ED 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 # 39
FROM
Attachment number 2
(MaN) 11. 20' 06 15:15/ST. 15:15/NO. 4862'Mt~@'?~ff 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 eleDhone:(727) 467 - 6860
E-mail Address:patharneY@f1ag.org
TeleDhone:(727) 423 - 3610
Cell Phone: ditto
How long a resident of Clearwater? 9 years
Occupation: Public relations exec
Employer: Church of Scientology
Other Work Experience: 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_1.A)-: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 # 39
FROM
(MON) 1 t. 20' 06 15: 15/ST. 15: 15/NO. 4862~i~1~&n1lp1u~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 # 39
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
To the Enterprise Zone Development Agency, reappoint Bob Fernandez to the Resident within the area category and lsay Gulley to
the Non-profit community based organization operating within the area category with the terms expiring on September 30,2011
and 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 # 40
/"
Attachment number 1
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
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 # 40
; .
Attachment number 1
Page 1 of 1
~,;
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
'-;;, i2SSl'sf //1 fie develdp~/7T t::'/7d //7~~/e/77edd~;'/7 d ~e o/"etZ
..slraiy/C_ fk/J/' tJpe.rsee cz.od /?1C)/'?/~': kp,?,- h, c-,f a/7d $/a-n::.
och",/ht:::s, L>;~nde Cl..55/s;I;;.'/?Ce r{, .b(/.sP7~S.5C:S Cl/7c7 res/cIeo,6
/ /
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,rl'i c ~c. ave/~RC/.l/ ~l""#'5Y'
Item # 40
I
I
J
i
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLICATION
Name: .7=,~ ,j/, tu /fw
Home Address: I V
Ih, ~/
~/?a!h/4
/
If retired, former occupation:
Community Activities:
I. JA')
Board Preference:
AS~lgdniteiodn: al~COM ents: ~,. f ;~:;.
-""._ ~ ~~ Date: ;;:5:~n/..z..~ /~.;; 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 # 40
.
_t,~h.borhooq~
",'~ 7'J& ~
~ ~- ?(po."""fit ~
.~l '{.:
1
"ji Partnership I ri
iJ.&igfWorfwoa !/(g,vita[izatwn)}
Board of Directors
W. Pearl Johnson, President
Premier Community Bank
Gilbert P. Macphel'son, Vice-PI"esident
A ffome)' af Law
SlIlIy Ruby, Sec."etary
Refired
Frllnk Cassara, Treasurer
Bank of America
John Jenl{ins
Refired
WilllI L. ClIrson
Greenwood Healfh Resource Center
Marjorie Burdine
Sun TruSf Bank
Steven B. Sullivan
Ifiells Fargo Mortgage Company
Lynne P. McChristilln
USAA Propert)' and Caslla/~v Insurance
Non11l1 Parks
Pinellas COllnty School District
Isay 1\1. Gulley, Executive DiI'ecto,.
E-mllil: igulley@hotmail.com
Attachment number 2
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 ,leam
City 01 Clearwater .
P;O:'Box4748
'ClecITwater,.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 also
fQrwarded an original application to the City 'Clerk's Department
,c.c. ,City Clerk Department ~
Item # 40
Clearwater NHS is an Equal Opportunity Lender and Employer
serving throughout Pinellas & Pasco Counties
_\,~h6oTnoOtf~
~ 'l"'=' 'l'oS& ~
~ ,p,;.... ?{p..'l'rr>fit ~
~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
Wells Fargo Mortgage Company
Lynne P. McCh..istian
USAA Property and Casualty Insurance
Norma Pa..ks
Pillellas COlllltF School 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 2
Page 1 of 1
Enclosed you WIll please find my completedapphcation for a seat on the
Enterprise Zone Development Agency Board. I am looking forward to
the response from Ttresa Jeffries.
Sincerely,
Clearwater NHS is an Equal Opportunity Lender and Employer
serving throughout Pinellas & Pasco Counties
Item # 40
Attachment number 3
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 ~ A~11V1&- h'h Aw ~~,
OldslN\PJll.-A- Zip 7'-jb 77
Telephone: ~,3'- 'Iso, , - b ~112-
How long a resident of Clearwater? ;J I A
Occupation: Vf>1 C1'l~VYlt'''1.J.ri .A1~;Li'
Field of Education:
(~<<'uV\: ~'cJy) S
Office Address:
1(30 C It'l1t(IOf~ _Sf.
~eArt,.J~1L Zip 3'37~
Telephone: /d-7- Yh{ -00 I ,
Employer: C I e~:.n.Jc~.tt.. (.;l.AV'V\ b.e.L
Other Work Experience:
'? leQJ~ IVJ PLlv, J-f br'P~~
.J (.fv'YL.- vu..1/1 S n") .
f: .,cP1>~ Fiv~(~ 7?~~n{
I 0 {(-z:fWle
Other Interests:
Board Service <current and past):
~mD7lI~,f) ()1Vl~bt.,c. 7$~~i) D,;e.
()1.;1,~W\OtJ'1LAlu~ TwYC.t ~W\ l?d~.n1
Board Preference:
E., 1M {"lie ~ 0cNt1,y".,wt ~cq-
Additional Comments: g .
Signed: f~t H
j'
Category pplying F r:
60cal 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- b:ro '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 # 40
Attachment number 3
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-y;; ffl-tSd- ~lId7 of-fz~ ~j=; ass/it
/'1 'I w>f L. ,w~..hu- <> ftL <- s kJ.(f (J M t-. f
kM/a dtL<{;~ t?$ e""'1~-AI;~ -+-,-<A-~r
cJ,v;" 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?
~ t~ (;\f1"\ ~ 0'11 lx/vi 5/~ I~Vvn - S, Z~~
~( arr- &,v:S))~?t/) A ~~~O'f&~Vf1~
-&'/(uAlho-< Ji"ce l~cUo; I{^pw( ()~ (<f~
~ bvS,lo.M'?hDJ '1 ~; r.{"'t/lK 5fO~0
~ ~7- <( ('bu;k~ (J/pt,J/MOVt e<rce....
4. W~y do you wa,nt to serve on this B~ard? . r '
T6 ~ 17--<. CQWt 'V\ Uv"~ (' wtr btpYt If;.
be~VIU~.
J '< "
Name: (J...evt I\} 6- ~AJD
Board Name: flA-krt.f.~je'~ D<-~~~~
Item # 40
Attachment number 4
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 # 40
Meeting Date:9/6/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / 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 09/30/07
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 / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 41
Meeting Date:9/6/2007
City Council Agenda
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.
ln 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. ln order to redeem a portion of these 1998 Bonds
(maturing in 2019 - 2023), a transfer of funds from the ClP 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 Pine lIas) 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 ClP 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.
Cover Memo
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
Item # 42
2007 to 2008
Review Approval: 1) Clerk
Cover Memo
Item # 42
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
WHEREAS, 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
WHEREAS, 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 # 42
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 # 42
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 # 42
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 43
Meeting Date:9/6/2007
City Council Agenda
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 # 44
r
~
11 ~ \
~Clearwater
u
Interoffice Correspondence Sheet
To:
City Council
From:
Doug Matthews, Public Communications Director
cc:
William Horne, City Manager
Date:
September 6, 2007
RE:
Bright House Networks and the Consumer Choice Act of 2007
At the September 4,2007, Work Session, City Council requested further information regarding
Bright House Networks (BHN) and their letter of intent to move the city's Government Access
television (GATV) station, C-View 15.
On August 15,2007, BHN notified the city of Clearwater via certified mail of their intent to relocate
Channel 15 to another location on the provider's "lowest digital tier," pursuant to the recently
enacted "Consumer Choice Act of 2007" passed by the Florida legislature. The new legislation,
which transfers most franchise authority to the state, local providers must provide 120 days' notice to
local governments should they choose to relocate their GA TV stations. While the relocation of the
station is within the purview of the new law, relocation on an accelerated timeline is somewhat
problematic for local governments.
Basic (analog) customers will not have access to the relocated station until the FCC's "digital
mandate" goes in to effect in February 2009.
Ensuring that all providers (BHN, Knology, Verizon) relocate C-View to the same location will
be challenging on a compressed timeline. This is important for marketing the station to residents.
Not all local governments will have the same station assignment. For instance, local government
access could be placed on a "range" of channels (i.e. 560-565). Again, this could be problematic
for marketing the station in a highly transient area like Pine lias County.
"Pass-through" traffic will effectively end with a new station assignment. These are the viewers
who may stop on 15 as they browse stations at home.
Based on our conversations with BHN representatives, other local governments, City Council and
they city's lobbying firm, there are three basic choices to be made in respect to the pending
relocation. These choices are presented for discussion on the following page. Staff from Clearwater,
St. Petersburg and Pinellas County plan to meet wjth BHN on Monday, September 17, at which time
we hope to have more detailed information regarding their intent and timeline.
..
OPTION 1: Business "as usual" located on another channel
This is the option currently presented by BHN. C-View 15 would be relocated to another station on
the digital spectrum (between 1-999) at their discretion.
PROS:
Would continue to allow for live cablecasts of meetings and special productions.
Would remain on and available 24/7, which could be of particular use in emergency situations.
Although it's important to note that Clearwater defers most communication to the county in the
event of a major disaster or emergency.
CONS:
Would require aggressive communications to notify residents of the new channel assignment.
Would not be available to basic analog customers before February 2009.
Would create a higher likelihood of differences in channel assignments between service
providers.
OPTION 2: Pursue a new "City Hall On Demand" channel for alllocaleovernments
"On Demand" programming offers a very tyomising alternative to the traditional business model.
Users would be able to watch programming on their own schedule, and would have the opportunity
to view the meetings and other productions of all cities on a single station.
PROS:
Allows users to view programming on their own schedule, with the ability to view the specific
items that they may have an interest in.
Allows more precise tracking of viewership and viewer patterns than is presently available.
Would be easier to market, as all local governments would be marketing the same "product."
Could allow for additional interactive features, such as online surveys, purchases, non-binding
votes or infonnal feedback.
Provides a certain degree of "added value" to the provider, as a service to their customers.
CONS:
Would eliminate the ability to cablecast live meetings. At this point, it's unclear what the
resulting delay may be between the live meeting and its availability on the channel.
Requires "buy in" from aU local governments, which may prove difficult in the short-term.
Requires additional technical investments to ensure that the system works efficiently. Because
different local governments use different fonnats, it's unclear what the process would be for
delivering materials for posting "on demand."
OPTION 3: Pursue a temporary iniunction and/or leeislative action to keep current channel
BHN is within its legal authority to request the change. The only question from a legal perspective is
whether the state has the authority to effectively pre-empt a locally signed contract such as a
franchise agreement. It's important to know that the big telecoms have been pushing for this
legislation for the last four years, which means that making changes to such a large, well-funded
piece of legislation may be difficult. Recent contention between state and local officials on a variety
of issues may also come in to play when seeking sponsorship for changes. In addition, any legislative
fix would not go in to effect until July 2008, just six months before all signals are required to be
digital.
PROS:
Would temporarily keep station assignment in its current location (15).
Would create a larger time window to work through a permanent change.
Would maintain access for basic (analog) subscribers until February 2009.
CONS:
Has the potential to strain relationships with an otherwise good corporate partner (BHN).
Is only a temporary fix, unless the legislation is completely revoked. All local agreements will
sunset effective July 2012.
Could become protracted and expensive depending on the resources required to litigate and
lobby.
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:9/6/2007
Review Approval: 1) Clerk
Cover Memo
Item # 45