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02/14/2022
Monday, February 14, 2022 8:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Community Redevelopment Agency Meeting Agenda February 14, 2022Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the December 13, 2021 CRA Meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items 4.1 Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.2 Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.3 Amend a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.4 Approve the Second Amendment to Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency, the City of Clearwater and Blue Pierce, LLC and authorize the appropriate officials to execute same. 4.5 Approve the Purchase contract for the City of Clearwater Community Redevelopment Agency (CRA) to purchase real property located at 1351 Cleveland Street, Parcel No. 15-29-15-64890-003-0050, with a purchase price of $445,000 and total expenditures not to exceed $10,000, including closing-related costs and preparation of the site, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. 4.6 Approve an amendment to the agreement for the sale and development of the property located at 1250 Cleveland Street and adjacent properties to Archway Partners, LLC to extend the project schedule by one year and authorize the appropriate officials to execute same. Page 2 City of Clearwater Printed on 2/6/2022 February 14, 2022Community Redevelopment Agency Meeting Agenda 4.7 Discuss a proposed agreement for the sale and development of the property located at 306 South Washington to SP Clearwater WFH, LLC and the Clearwater Housing Authority for the purposes identified in Request for Proposals and Qualifications (RFP/Q) 53-20 and authorize the appropriate officials to execute same. 4.8 Discuss an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing Authority to provide for revenue sharing and the redevelopment of 306 S Washington Avenue, and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 3 City of Clearwater Printed on 2/6/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0107 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 13, 2021 CRA Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/6/2022 Community Redevelopment Agency Meeting Minutes December 13, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, December 13, 2021 8:00 AM Main Library - Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes December 13, 2021 Page 2 City of Clearwater Roll Call Present 5 - Chair Frank Hibbard, Trustee David Allbritton, Trustee Hoyt Hamilton, Trustee Kathleen Beckman, and Trustee Mark Bunker Also Present – Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy City Clerk, and Amanda Thompson – CRA Executive Director. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Draft 1. Call to Order – Chair Hibbard The meeting was called to order at 8:00 a.m. 2. Approval of Minutes 2.1 Approve the October 18, 2021 CRA Meeting Minutes as submitted in written summation by the City Clerk. Trustee Hamilton moved to approve the October 18, 2021 CRA Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda – None. 4. New Business Items 4.1 Approve the proposed 2022 Community Redevelopment Agency Board meeting schedule and adopt Resolution 21-03. Community Redevelopment Agency staff has prepared the proposed meeting schedule of the City of Clearwater Community Redevelopment Agency (CRA) Board for the calendar year 2022. The CRA board meeting will be held monthly in City Council Chambers, 100 N Osceola Avenue. The meeting schedule will be posted on the CRA’s website, with separate meeting notices provided by the City Clerk’s Office and noted on the City’s website prior to each meeting. Draft Community Redevelopment Agency Meeting Minutes December 13, 2021 Page 3 City of Clearwater If there is no action for the board to be considered at a schedule meeting, staff will recommend the meeting be cancelled. Changes to the dates may be required to accommodate needs of board members and/or CRA staff. If there is a need for a special meeting, CRA staff will notify the board and the meeting will be noticed by the City Clerk’s Office as well as on the City’s website. In response to a question, CRA Executive Director Amanda Thompson said there is no meeting scheduled in April because there is only one work session scheduled in April. Trustee Allbritton moved to approve the proposed 2022 Community Redevelopment Agency Board meeting schedule. The motion was duly seconded and carried unanimously. Resolution 21-03 was presented and read by title only. Trustee Beckman moved to adopt Resolution 21-03. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Chair Hibbard, Trustee Allbritton, Trustee Hamilton, Trustee Beckman and Trustee Bunker 4.2 Ratify and confirm the contract between the Community Redevelopment Agency (CRA) and Kokolakis Contracting authorizing an increase to the contract by $52,809 for costs associated with the installation of the America’s Everglades exhibit. The purpose of this item is to request approval of a $52,809 increase in the contract with Kokolakis Contracting for work related to the installation of the America’s Everglades exhibit. In May 2021, the CRA Trustees approved a program budget of $500,000 for the purposes of establishing a three-year arts exhibition, gallery space and programming with the Clyde Butcher Gallery featuring the work of internationally renowned photographer Clyde Butcher. The 2018 Downtown Redevelopment Plan (Objective 3F and Policy 15) and the CRA 2021-2022 strategy calls for investment in cultural amenities to provide free, family friendly entertainment options. The CRA solicited quotes from a list of pre-qualified design/build contractors to develop cost estimates to construct a gallery and then to build the gallery. Kokolakis Construction was selected because of their experience with cultural institutions and strong relationships with electrical and drywall subcontractors. After a review of multiple sites in downtown, staff determined that the Clearwater Main Library would be the most effective and financially feasible site to establish the gallery space since it has the lowest buildout costs and existing Draft Community Redevelopment Agency Meeting Minutes December 13, 2021 Page 4 City of Clearwater staffing. We reviewed three vacant commercial spaces in downtown and Kokolakis estimated buildout costs of $215,00 to $325,000. Each space would have required hiring staff to operate the space as well. The initial estimate to construct the gallery space was $97,148. During construction, it was determined that the light levels in the atrium were too high and would damage the artwork. The team resolved this issue by raising the height of the gallery walls and installing vinyl over several windows. This resulted in an increased construction cost of $52,809. The total costs of construction and installation for this exhibit is $149,957. The gallery walls, lights and some of the black vinyl panels will be reused for future exhibits. Including this change order, the CRA has spent approximately $170,000 of the $500,000 program budget to create the gallery, pay exhibition costs, and market the exhibit. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 3887552- R2002 Community Engagement as part of the approved program budget. In response to questions, CRA Executive Director Amanda Thompson said the CRA will be able to keep the items purchased for the exhibit, to include the vinyl design. The opening attracted approximately 400 attendees. Staff is looking into different pedestrian counting systems to have a more accurate number of attendees. Trustee Bunker moved to ratify and confirm the contract between the Community Redevelopment Agency (CRA) and Kokolakis Contracting authorizing an increase to the contract by $52,809 for costs associated with the installation of the America’s Everglades exhibit. The motion was duly seconded and carried unanimously. 4.3 Report on the 2021-2022 Community Redevelopment Agency (CRA) Strategy. The purpose of this presentation is to provide an update on the implementation of the 2021-2022 CRA strategy. The goal of this strategy is to improve the perception of downtown among investors and residents through creating and sharing positive, authentic stories about downtown, increasing investor confidence and investing in placemaking. CRA Executive Director Amanda Thompson provided a PowerPoint presentation. In response to questions, Ms. Thompson said 33% of the commercial spaces found in the CRA are currently vacant. The City Attorney said Draft Community Redevelopment Agency Meeting Minutes December 13, 2021 Page 5 City of Clearwater the CRA does not have direct power over private lease contracts. Ms. Thompson said CRA staff assists businesses navigate the city sidewalk café; permit process. A bulk of the $50 million private investment goal will come from the South Washington and 1250 Cleveland Street developments. She said the private investment goal also considers the development of the Bluff property. The CRA has provided additional funding for the officer who responds to calls regarding individuals who need mental health services. She said staff is working with Bandwagon to establish goals that analyzes the perception of downtown. She said staff is developing a fact sheet regarding Downtown property ownership. To date, the CRA has had 26 print/digital pieces and 16 television pieces about downtown. Staff was directed to provide the current commercial space vacancy data. 5. Director's Report CRA Executive Director Amanda Thompson reviewed recent and upcoming events and provided a video presentation of the properties that participated in the holiday window decoration program. She said 48 businesses participated in the program. 6. Adjourn The meeting adjourned at 8:52 a.m. Chair Community Redevelopment Agency Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0086 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA Trustees approved a time limited, grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts in the CRA area. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $187,632.50 for 949 Cleveland LLC to build out a vacant storefront and establish a coffee and dessert shop that will serve hot and cold drinks along with a wide selection of desserts. The total project cost is $375,265.00. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction was delayed. The CRA Trustees approved an extension to March 1, 2022. Unfortunately, the COVID 19 pandemic continued to delay progress and the applicant was not able to secure a general contractor until late 2021. The applicant is committed to this project. They have received a building permit and have begun construction. They have requested a second amendment to extend the grant agreement by one year to complete the project and open the new businesses. Staff recommends amending the grant to allow a new completion date of March 1, 2023. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0086 Funds for this grant are available in 3887552-R2003 Economic Development-City. Page 2 City of Clearwater Printed on 2/6/2022 Table of Contents 2 Project Summary 3 Building Permit Receipts 6 Executed GC Contract 26 Copy of NOC 30 Project Schedule 31 Renderings 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 nvisiondevelopment.com COMMUNITY REDEVELOPMENT AGENCY FOOD & DRINK GRANT EXTENSION REQUEST Project: Cleveland Street Market Project Addresses: 943 Cleveland Street Clearwater Fl, 33756 1011 Cleveland Street Clearwater Fl, 33756 1017-1029 Cleveland Street Clearwater Fl, 33756 Owner: 949 Cleveland Street, LLC Date: January 24, 2022 Nvision Development is writing to request a grant extension for the Cleveland Street Market at The Nolen Apartments, which is currently set to expire March 01, 2022. This project has experienced multiple delays including the original general contractor withdrawing days before contract execution, set backs in permitting, and delays from the COVID-19 pandemic. After the permits were prepared to be transferred to the general contractor and issued for construction, Nvision received a letter of withdrawal from the contractor on June 15, 2021. Following this, the bidding process had to be restarted with updated requests for proposals being distributed. The supply-chain, market conditions, and labor challenges from the COVID-19 pandemic has made the bidding process take longer than anticipated. After making the final selection and executing the contract in November of 2021, the Notice of Commencement was recorded and building permits were transferred to R.B. Marks to buildout the café, upper, and lower portion of the project. Given these setbacks, Nvision Development has taken action to ensure this project will be completed prior to the end of 2022. R.B. Marks, has capacity for this project as well as recent experience with similar buildouts, began mobilization on December 13, 2021 and demolition on January 18, 2022. Given the construction timeline and progress being made thus far, we are confident that tenants will be open for business within the year. We are requesting a 1-year extension of the three grants for this project until March 1, 2023. These three grants are under one single GC contract and are all under the same timeline shown below. 1. 943 Cleveland Street (café) - $187,632.50 2. 1011 Cleveland Street (lower) - $250,000 3. 1017-1029 Cleveland Street (upper) - $250,000 Our goal with The Cleveland Market is to provide a diverse assortment of fine art, crafts, food, service providers. Diversity is the key to being a vibrant community of makers and to attracting customers. In an effort to ensure quality and diversity at The Cleveland Market, market vendor applications will be submitted and reviewed by the market committee. We are finalizing the contract with a well known coffee shop founded in Orlando which will be an exciting addition to the café portion of this project. We will use social media to promote and market the vendors on our Instagram and Facebook social media platforms, and tag their pages. Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 3rd day of November in the year 2021 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) 949 Cleveland Street, LLC, a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 and the Contractor: (Name, legal status, address and other information) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 for the following Project: (Name, location and detailed description) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 First floor buildout for micro tenant spaces in existing building. Includes exterior hardscape changes and shade sails. The Architect: (Name, legal status, address and other information) Butler Moore Architects 15 West Church Street #201 Orlando, FL 32801 Attention Guy Butler Email: guy@butlermoore.com Telephone: 407.492.7505 The Owner and Contractor agree as follows. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the modified AIA Document A201-2017 General Conditions of the Contract (the "A201-2017"), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of this Agreement. [ ]A date set forth in a notice to proceed issued by the Owner. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) November 29, 2021, provided that the Contractor receives all of the following promptly, and no later than 10 days, after the date of this Agreement: 1. The issuance of all applicable permits; 2. Owner’s written notice to proceed is delivered to the Contractor; 3. fully executed Agreement; 4. Owner’s recording and delivery to Contractor of a Notice of Commencement; and 5. Reasonable evidence of adequate funding of the Contract Sum and reasonable contingency is delivered to the Contractor. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 3 § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ]Not later than one hundred sixty-eight ( 168 ) calendar days from the date of commencement of the Work. [ ]By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Two Million Forty-Seven Thousand Five Hundred Six and no/100 Dollars ($2,047,506.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance See Exhibit B § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price See Exhibit C § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) See Exhibit C-1 § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 4 § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) § 4.6.1 For Additive Changes in the work: (a) applicable alternates and unit prices, if any, and any increase in the cost of the Work not covered by alternates or unit prices; plus (b) five percent (5%) overhead; plus (c) eight percent (8%) profit. ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner’s Representative by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The period covered by each Application for Payment shall be one calendar month ending on the 25th day of the month. § 5.1.3 Provided that an Application for Payment is received by the Owner’s Representative (hereinafter defined) not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Owner’s Representative after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45 ) days after the Owner’s Representative receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner’s Representative and the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Owner’s Representative determines, in the Owner’s Representative’s professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Owner’s Representative has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 5 .4 For Work performed or defects discovered since the last payment application, any amount for which the Owner may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 10% ten percent § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.10 Lien Releases. Contractor shall provide copies of conditional and unconditional releases as follows: .1 With the first Application for Payment: Conditional waiver and release from the Contractor covering the total amount requested in the first Application for Payment. .2 With all subsequent Applications for Payment: a) Conditional waiver and release from the Contractor covering the total amount requested in the current Application for Payment. b) Unconditional waiver and release from the Contractor covering the amount paid to the Contractor from the previous Application for Payment. c) Copies of Unconditional waiver and release from all potential lienors (as that term is defined in the Florida Construction Lien Law) who filed a Notice to Owner and have been requisitioned on the previous Application for Payment. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 6 § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after completion of punch-list work. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One-half of one percent (0.5%) per month ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision MakerThe Owner’s Representative will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (Paragraphs deleted) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ ]Litigation in a court of competent jurisdiction [ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) One and one-half percent (1.5%) of the value of the balance of the contract to complete. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The "Owner’s Representative": (Name, address, email address, and other information) Ian McCook Nvision Development Management Services DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 7 485 S Keller Road, Suite 520 Maitland, FL 32751 Email: imccook@nvisiondevelopment.com Telephone: (407) 872-1900 § 8.3 The Contractor’s representative: (Name, address, email address, and other information) Greg Barrows, VP of Company Operations R.B. Marks Construction, Inc., a Florida corporation 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in the modified AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, attached hereto as Exhibit A, and elsewhere in the Contract Documents. § 8.5.2 Intentionally deleted. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) via email / via Redteam Software § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor .2 Exhibit A – modified AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3 Exhibit F – modified AIA Document A201™–2017, General Conditions of the Contract for Construction .4 Intentionally deleted. .5 Drawings Number Title Date See Exhibit D – Drawing Log .6 Specifications Section Title Date Pages DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 8 .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan: Title Date Pages [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit A – Insurance Exhibit B – Contractor’s Clarifications, Exclusions and Alternates Exhibit B-1 – Limits of Stucco Exhibit C – Schedule of Values Exhibit C-1 – Unit Prices Exhibit D – Drawing Log Exhibit E – Preliminary Construction Schedule Exhibit F –A201-2017 In the event of conflict between or among terms and provisions of the Contract Documents, the terms and provisions of Exhibit B, Exhibit B-1, Exhibit C and Exhibit C-1 shall control and take precedence. This Agreement entered into as of the day and year first written above. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 9 949 Cleveland Street, LLC, a Florida limited liability company By: 949 C.S. HOLDINGS, INC., its Manager R.B. Marks Construction, Inc., a Florida corporation OWNER (Signature)CONTRACTOR (Signature) Michael Niederst, Manager Russ Cammack, CFO (Printed name and title)(Printed name and title) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Document A101® – 2017 Exhibit A Insurance and Bonds Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201®–2017, General Conditions of the Contract for Construction. Article 11 of A201®–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the 3rd day of November in the year 2021 (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 THE OWNER: (Name, legal status and address) 949 Cleveland Street, LLC , a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 THE CONTRACTOR: (Name, legal status and address) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 TABLE OF ARTICLES A.1 GENERAL A.2 OWNER’S INSURANCE A.3 CONTRACTOR’S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE A.2 OWNER’S INSURANCE § A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 2 § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Causes of Loss Sub-Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 3 against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 4 § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE A.3 CONTRACTOR’S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04. § A.3.2 Contractor’s Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($ 1,000,000 ) each occurrence, Two Million Dollars ($ 2,000,000 ) general aggregate, and Two Million Dollars ($ 2,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 5 .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions. § A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers’ Compensation at statutory limits. § A.3.2.6 Employers’ Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit. § A.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. § A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 6 § A.3.2.10 Coverage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.3 Contractor’s Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ A.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 7 [ ]§ A.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits (Paragraphs deleted) § A.3.4 Intentionally deleted. (Paragraph deleted) (Table deleted) ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 11 EXHIBIT B Clarifications, Exclusions and Alternates RB Marks Construction and our subcontractors are not responsible for any current or future leaks at both areas we are affecting as well as areas that are out of our scope. It is understood that the contractor will perform waterproofing per the scope laid out in this proposal. Includes fire dampers for outside air duct going through fire rated hallways that are not shown on plans. SCHEDULE OF VALUES ITEMS LABELED WITH A * AT THE BEGINNING OF THE LINE ARE RELATED TO THE EXTERIOR WINDOW WORK. RB MARKS AND OUR SUBCONTRACTORS CANNOT GUARANTEE A WATER TIGHT ENVELOPE AFTER COMPLETION OF THIS WORK, AND WILL PROVIDE NO WARRANTY ON THIS PORTION. WINDOWS AND PATCHING TO BE AS SHOWN ON THE DOCUMENT TITLED LIMITS OF STUCCO WORK ATTACHED HERETO AS EXHIBIT B-1 AND INCORPORATED HEREIN BY REFERENCE. STUCCO PATCHING NOT TO EXCEED 150SQFT. WOOD FRAMING TO BE LIMITED TO SHIMMING EXISTING FRAMING AND REPLACEMENT OF OSB DEMOED BY REMOVING STUCCO. WINDOW SCOPE TO BE REMOVAL, TAPE REWORKED OPENINGS AT JAMBS AND HEADS, TAPE SILLS, REINSTALL WINDOWS, TAPE FINS, INSTALL FLASHINGS AND TAPE FLASHING. ROLL ON WATERPROOFING BEHIND STUCCO PATCHING INCLUDED. PAINT INCLUDED. CANNOT GUARANTEE SEAMLESS TRANSITION BETWEEN OLD STUCCO AND NEW PATCHES. Stucco Unit Cost for additional work, to be determined in field - Add $10.00/sf for lath and stucco patching on first floor. Add $3.00/sf for fluid applied waterproofing behind stucco at these areas. Add $5.00/sf for peel and stick waterproofing instead. Painting Unit Cost for additional work, to be determined in field - Add $1.00/sf for painting stucco patches at first floor. Unit Cost: OSB Sheathing for additional work, to be determined in field - Add $8.00/sf for sheathing where existing OSB is flaking. Square footage of flaking will determine stucco patch and painting unit costs. Includes (2) 2 ton mini splits for back hallway. Add $ 7,567.00 for grey stained concrete. To be used in lieu of integral concrete color. Stain will appear mottled and not a consistent color. To be applied at both café and marketplace. Lighting does not include ’owner selected’ fixtures. No specifications are included for these fixtures. Does not include dark grey concrete additive for slab. Add $43,388.00 for coloring. Includes (1) Schier GB-250 grease trap at Marketplace and (1) Lil-50 under counter grease trap at café . Does not include mold testing after remediation. Permits by owner. Includes mold mitigation at first floor units to existing drywall ceiling only at Cafe. Includes mitigation at Marketplace Upper in (2) areas. Does not include additional mitigation due to continued leaks in building envelope. Includes re-glazing no more than 480sf of glass at the Marketplace. Glass to be 1" tinted insulated. Some copper runs are longer than manufacturers recommendations. Max equivalent length is 250lf, which includes allowances for bends equates to 200lf max actual length. Air handlers or condensing units may need to be moved to accommodate for this limitation. All water lines to be CPVC. All sanitary to be SCH-40 pvc. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 12 All above ground conduit to be MC cable, PVC, and EMT with compression couplings and connectors. All underground conduit to be PVC. All wiring to be aluminum. Assumes existing conduit to be properly sized for aluminum wire (4 inch conduit as shown). Deck pricing consists of materials and labor for deck as shown. Add $8,000.00 for structural concrete and framing work as needed for deck if determined necessary by 3rd party engineer to meet wind loads. Includes low voltage stub ups as shown on plans. AHU condensate will be routed to nearest storm drains and fed by gravity. Copper linesets to be mounted with unistrut with insulated cush clamps at every floor opening and the top and bottom of the shaft. Air duct to be angle iron cut to fit and bolted to shaft frame with rods, straps, and wire as required to comply with SMACNA duct installation standards. To be mounted every floor opening or maximum required spacing per SMACA, whichever is more stringent. Hood grease duct to be installed with custom fit grease duct brackets supplied by CaptiveAire. To be mounted every floor opening or per CaptiveAire requirements, whichever is more stringent. If engineer should require additional bracing or more stringent mounting specifications, additional costs may apply. Location of sanitary line tie in for grease trap at cafe unknown. Price subject to change after field verification. Includes insulated slab below walk in cooler. Owner will furnish all FFE (kitchen equipment/coolers/hood/etc.) Contractor to make final connections to equipment. Contractor to install hood package and stainless wall panels by owner. Owners KEC vendor to place equipment in final location. Includes wine cabinet. Does not include supplying or installing any A/V, access control, security devices, or lighting controls. By Owner. Exterior signage by owner. Contractor to provide J-Boxes as shown. Assumes mechanical shaft is accessible on each floor. Assumes standard protection of shaft opening. Excludes card reader and access control. Includes J-Box for card reader. Planters by owner. Includes bubblers to each planter box. Does not include closing shaft off at any level. Assumes LT-13 and 14 to be manufactured as shown on interior elevations. Does not include selecting, supplying, or manufacturing wine barrels and kegs for this purpose. Does not include any structural reinforcement for installation of these items. No Bond Fees Included Excludes low voltage wiring. Additional Terms and Conditions: 1. Due to the volatile market for material supply chain pricing and availability, the Contractor agrees to execute all subcontracts within 60 days after November 29, 2021. Any material price increases that have been implemented prior to expiration of the 60-day period that exceed 5% of the material cost component of the subcontractor bid proposal DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 13 may be submitted by the Contractor to the Owner, and the Owner shall pay the Contractor additional compensation equal to the full amount of such material price increases. The Owner will not consider request for material cost increases within subcontracts that have been executed beyond the 60 day stipulation set out above. Any requests from the Contractor shall include appropriate documentation that supports the requested price adjustment for the material. The reimbursed amount is for materials only. The Owner will not provide any additional compensation for General Conditions, General Requirements or increase in the calculation for overhead and profit based on material price escalation. 2. No asbestos or lead/other abatement of any kind is included. No testing for asbestos, mold, or lead/other of any kind is included. 3. Dumpsters included 4. First Shift Work, no overtime included in this proposal 5. Excludes all work due to unforeseen conditions 6. Excludes any impact fees, change of use fees, utility fees, etc. 7. All scope not specifically mentioned in this proposal is excluded. 8. Proposed project duration starts when each of the following have been met: 1. Permit issued by Jurisdiction Having Authority, 2. Notice to Proceed, 3. Proof of Financing, 4. Signed Contract. 9. If owner contracted vendors delay critical path scopes, additional costs and time will be incurred and chargeable to the owner. 10. Excludes Public Safety Distributed Antenna System (DAS) testing, if required. 11. FORCE MAJEURE 11.1. Force Majeure. Except as otherwise expressly set forth in this Construction Agreement, if either party hereto shall be delayed or hindered in, or prevented from, the performance of any act (other than the payment of money) required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, unseasonable weather conditions, war or other reasons of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Construction Agreement (all of such reasons or causes referred to in this Construction Agreement as "force majeure"), then performance of such acts shall be excused for the period of delay, and the period within which the performance of such act may be required hereunder shall be extended by a period equivalent to the period of such delay. 11.2. In order to assert a force majeure delay relating to the Construction Commencement Date or the Construction Completion Date it must be an actual, documented delay of a critical path deadline in construction or completion of the Project which is caused by a validated force majeure event, and the party claiming such delay must: (i) deliver written notice to the other party within (10) days of being notified of such delay, setting out the cause of the asserted force majeure delay, along with the relevant information substantiating the claim of a force majeure delay, including the beginning date of the delay, the estimated duration of the delay and the probable impact on the performance of such party’s obligations hereunder; (ii) undertake commercially reasonable efforts to mitigate the effects of the force majeure delay on the party’s performance; and (iii) upon request by the other party, provide reports of the steps being taken and progress made in overcoming the effects of the force majeure event. 12. Owner acknowledges and recognizes that due to the operation of market forces beyond the reasonable control of the Contractor, material supply chain disruption may cause delays in the manufacturing or delivery of materials required for the performance of the Contract Documents. As long as the Contractor and/or the responsible subcontractor timely orders materials after submittals are approved, if there is a delay in delivery due to supply chain disruption issues, the Contractor maybe entitled to a commensurate extension of the Contract Time and/or Contract Sum, subject to the notice, mitigation and reporting requirements of preceding Paragraph 11.2. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 14 13. REDTEAM SOFTWARE - RBmarks Construction utilizes Redteam Software for all aspects of the construction process. It is agreed that all team members, including the architect, civil engineer, MEP engineers, owner’s 3rd party consultants and the owner shall respond to all dialog within the email through the email links provided. It is imperative that all RFI, submittals, and dialog responses be contained within the Redteam Software to ensure accuracy and efficiency. 14. Other Software systems- RBmarks Construction will not use any other software systems unless it has been discussed and approved prior to the bid date on this proposal. 15. The Scope of Work described above supersedes any and all prior communication about this Work. By accepting this Proposal, Customer understands that changes to the scope for any reason not controlled by RB Marks Construction, Inc. may result in additional charges. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 PROJECT SCHEDULE PROJECT: NOLEN COMMERCIAL Construction Milestones 6/6/2022 0 6/6/2022 0 6/6/2022 Commence Construction 12/13/2021 0 12/13/2021 0 12/13/2021 Leasing Office Demo Work 1/24/2022 0 1/24/2022 0 1/24/2022 Grease Trap Trench and Install 1/25/2022 0 1/25/2022 0 1/25/2022 Slab Pour 2/2/2022 0 2/2/2022 0 2/2/2022 Deck Install 2/3/2022 0 2/3/2022 0 2/3/2022 Shade Sail Install 2/8/2022 0 2/8/2022 0 2/8/2022 Wall Framing 2/11/2022 0 2/11/2022 0 2/11/2022 MEP Wall Rough-ins 3/3/2022 0 3/3/2022 0 3/3/2022 Ceiling Framing 3/14/2022 0 3/14/2022 0 3/14/2022 Wall Rough-in inspections 3/14/2022 0 3/14/2022 0 3/14/2022 MEP Ceiling Inspections 3/24/2022 0 3/24/2022 0 3/24/2022 Drywall 4/18/2022 0 4/18/2022 0 4/18/2022 Start Finishes 4/19/2022 0 4/19/2022 0 4/19/2022 Begin FF&E Install 5/18/2022 0 5/18/2022 0 5/18/2022 FF&E and Finishes Complete 5/26/2022 0 5/26/2022 0 5/26/2022 Punch Walk Through 5/27/2022 0 5/27/2022 0 5/27/2022 Final Inspections 6/6/2022 0 6/6/2022 0 6/6/2022 CRA Grant Deadline 3/1/2022 0 3/1/2022 0 3/1/2022 CRA Extension Package to be Submitted 1/28/2022 0 1/28/2022 0 1/28/2022 Deadline for CO (Per Grant Agreement) 3/1/2022 0 3/1/2022 0 3/1/2022 Substantial Completion 5/30/2022 0 5/30/2022 0 5/30/2022 Current Schedule Completion Date (as of 12/28/2021) Project Milestones Original Schedule Completion Date Previous schedule Vs. Original Schedule (Variance in # of Days) Previous Schedule Completion Date Current Schedule Vs. Original Schedule (Variance in # of Days) PROJECT RENDERINGS Café: PROJECT: The Nolen Commercial Market Hall: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0087 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA Trustees approved a time limited, grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts in the CRA area. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $250,000 for 949 Cleveland LLC to establish a self-serve beer and wine bar with indoor and outdoor lounge areas, including significant improvements to The Nolen’s existing outdoor plaza and high-quality interior finishes. The total project cost is $610,438.00. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction was delayed. The CRA Trustees approved an extension to March 1, 2022. Unfortunately, the COVID 19 pandemic continued to delay progress and the applicant was not able to secure a general contractor until late 2021. The applicant is committed to this project. They have received a building permit and have begun construction. They have requested to extend the grant agreement by one year to complete the project and open the new businesses. Staff recommends amending the grant to allow a new completion date of March 1, 2023. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. APPROPRIATION CODE AND AMOUNT: Funds for this grant are available in 3887552-R2003 Economic Development-City. Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0087 Page 2 City of Clearwater Printed on 2/6/2022 Table of Contents 2 Project Summary 3 Building Permit Receipts 6 Executed GC Contract 26 Copy of NOC 30 Project Schedule 31 Renderings 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 nvisiondevelopment.com COMMUNITY REDEVELOPMENT AGENCY FOOD & DRINK GRANT EXTENSION REQUEST Project: Cleveland Street Market Project Addresses: 943 Cleveland Street Clearwater Fl, 33756 1011 Cleveland Street Clearwater Fl, 33756 1017-1029 Cleveland Street Clearwater Fl, 33756 Owner: 949 Cleveland Street, LLC Date: January 24, 2022 Nvision Development is writing to request a grant extension for the Cleveland Street Market at The Nolen Apartments, which is currently set to expire March 01, 2022. This project has experienced multiple delays including the original general contractor withdrawing days before contract execution, set backs in permitting, and delays from the COVID-19 pandemic. After the permits were prepared to be transferred to the general contractor and issued for construction, Nvision received a letter of withdrawal from the contractor on June 15, 2021. Following this, the bidding process had to be restarted with updated requests for proposals being distributed. The supply-chain, market conditions, and labor challenges from the COVID-19 pandemic has made the bidding process take longer than anticipated. After making the final selection and executing the contract in November of 2021, the Notice of Commencement was recorded and building permits were transferred to R.B. Marks to buildout the café, upper, and lower portion of the project. Given these setbacks, Nvision Development has taken action to ensure this project will be completed prior to the end of 2022. R.B. Marks, has capacity for this project as well as recent experience with similar buildouts, began mobilization on December 13, 2021 and demolition on January 18, 2022. Given the construction timeline and progress being made thus far, we are confident that tenants will be open for business within the year. We are requesting a 1-year extension of the three grants for this project until March 1, 2023. These three grants are under one single GC contract and are all under the same timeline shown below. 1. 943 Cleveland Street (café) - $187,632.50 2. 1011 Cleveland Street (lower) - $250,000 3. 1017-1029 Cleveland Street (upper) - $250,000 Our goal with The Cleveland Market is to provide a diverse assortment of fine art, crafts, food, service providers. Diversity is the key to being a vibrant community of makers and to attracting customers. In an effort to ensure quality and diversity at The Cleveland Market, market vendor applications will be submitted and reviewed by the market committee. We are finalizing the contract with a well known coffee shop founded in Orlando which will be an exciting addition to the café portion of this project. We will use social media to promote and market the vendors on our Instagram and Facebook social media platforms, and tag their pages. Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 3rd day of November in the year 2021 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) 949 Cleveland Street, LLC, a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 and the Contractor: (Name, legal status, address and other information) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 for the following Project: (Name, location and detailed description) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 First floor buildout for micro tenant spaces in existing building. Includes exterior hardscape changes and shade sails. The Architect: (Name, legal status, address and other information) Butler Moore Architects 15 West Church Street #201 Orlando, FL 32801 Attention Guy Butler Email: guy@butlermoore.com Telephone: 407.492.7505 The Owner and Contractor agree as follows. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the modified AIA Document A201-2017 General Conditions of the Contract (the "A201-2017"), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of this Agreement. [ ]A date set forth in a notice to proceed issued by the Owner. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) November 29, 2021, provided that the Contractor receives all of the following promptly, and no later than 10 days, after the date of this Agreement: 1. The issuance of all applicable permits; 2. Owner’s written notice to proceed is delivered to the Contractor; 3. fully executed Agreement; 4. Owner’s recording and delivery to Contractor of a Notice of Commencement; and 5. Reasonable evidence of adequate funding of the Contract Sum and reasonable contingency is delivered to the Contractor. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 3 § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ]Not later than one hundred sixty-eight ( 168 ) calendar days from the date of commencement of the Work. [ ]By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Two Million Forty-Seven Thousand Five Hundred Six and no/100 Dollars ($2,047,506.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance See Exhibit B § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price See Exhibit C § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) See Exhibit C-1 § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 4 § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) § 4.6.1 For Additive Changes in the work: (a) applicable alternates and unit prices, if any, and any increase in the cost of the Work not covered by alternates or unit prices; plus (b) five percent (5%) overhead; plus (c) eight percent (8%) profit. ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner’s Representative by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The period covered by each Application for Payment shall be one calendar month ending on the 25th day of the month. § 5.1.3 Provided that an Application for Payment is received by the Owner’s Representative (hereinafter defined) not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Owner’s Representative after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45 ) days after the Owner’s Representative receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner’s Representative and the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Owner’s Representative determines, in the Owner’s Representative’s professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Owner’s Representative has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 5 .4 For Work performed or defects discovered since the last payment application, any amount for which the Owner may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 10% ten percent § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.10 Lien Releases. Contractor shall provide copies of conditional and unconditional releases as follows: .1 With the first Application for Payment: Conditional waiver and release from the Contractor covering the total amount requested in the first Application for Payment. .2 With all subsequent Applications for Payment: a) Conditional waiver and release from the Contractor covering the total amount requested in the current Application for Payment. b) Unconditional waiver and release from the Contractor covering the amount paid to the Contractor from the previous Application for Payment. c) Copies of Unconditional waiver and release from all potential lienors (as that term is defined in the Florida Construction Lien Law) who filed a Notice to Owner and have been requisitioned on the previous Application for Payment. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 6 § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after completion of punch-list work. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One-half of one percent (0.5%) per month ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision MakerThe Owner’s Representative will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (Paragraphs deleted) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ ]Litigation in a court of competent jurisdiction [ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) One and one-half percent (1.5%) of the value of the balance of the contract to complete. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The "Owner’s Representative": (Name, address, email address, and other information) Ian McCook Nvision Development Management Services DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 7 485 S Keller Road, Suite 520 Maitland, FL 32751 Email: imccook@nvisiondevelopment.com Telephone: (407) 872-1900 § 8.3 The Contractor’s representative: (Name, address, email address, and other information) Greg Barrows, VP of Company Operations R.B. Marks Construction, Inc., a Florida corporation 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in the modified AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, attached hereto as Exhibit A, and elsewhere in the Contract Documents. § 8.5.2 Intentionally deleted. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) via email / via Redteam Software § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor .2 Exhibit A – modified AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3 Exhibit F – modified AIA Document A201™–2017, General Conditions of the Contract for Construction .4 Intentionally deleted. .5 Drawings Number Title Date See Exhibit D – Drawing Log .6 Specifications Section Title Date Pages DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 8 .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan: Title Date Pages [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit A – Insurance Exhibit B – Contractor’s Clarifications, Exclusions and Alternates Exhibit B-1 – Limits of Stucco Exhibit C – Schedule of Values Exhibit C-1 – Unit Prices Exhibit D – Drawing Log Exhibit E – Preliminary Construction Schedule Exhibit F –A201-2017 In the event of conflict between or among terms and provisions of the Contract Documents, the terms and provisions of Exhibit B, Exhibit B-1, Exhibit C and Exhibit C-1 shall control and take precedence. This Agreement entered into as of the day and year first written above. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 9 949 Cleveland Street, LLC, a Florida limited liability company By: 949 C.S. HOLDINGS, INC., its Manager R.B. Marks Construction, Inc., a Florida corporation OWNER (Signature)CONTRACTOR (Signature) Michael Niederst, Manager Russ Cammack, CFO (Printed name and title)(Printed name and title) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Document A101® – 2017 Exhibit A Insurance and Bonds Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201®–2017, General Conditions of the Contract for Construction. Article 11 of A201®–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the 3rd day of November in the year 2021 (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 THE OWNER: (Name, legal status and address) 949 Cleveland Street, LLC , a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 THE CONTRACTOR: (Name, legal status and address) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 TABLE OF ARTICLES A.1 GENERAL A.2 OWNER’S INSURANCE A.3 CONTRACTOR’S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE A.2 OWNER’S INSURANCE § A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 2 § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Causes of Loss Sub-Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 3 against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 4 § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE A.3 CONTRACTOR’S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04. § A.3.2 Contractor’s Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($ 1,000,000 ) each occurrence, Two Million Dollars ($ 2,000,000 ) general aggregate, and Two Million Dollars ($ 2,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 5 .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions. § A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers’ Compensation at statutory limits. § A.3.2.6 Employers’ Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit. § A.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. § A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 6 § A.3.2.10 Coverage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.3 Contractor’s Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ A.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 7 [ ]§ A.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits (Paragraphs deleted) § A.3.4 Intentionally deleted. (Paragraph deleted) (Table deleted) ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 11 EXHIBIT B Clarifications, Exclusions and Alternates RB Marks Construction and our subcontractors are not responsible for any current or future leaks at both areas we are affecting as well as areas that are out of our scope. It is understood that the contractor will perform waterproofing per the scope laid out in this proposal. Includes fire dampers for outside air duct going through fire rated hallways that are not shown on plans. SCHEDULE OF VALUES ITEMS LABELED WITH A * AT THE BEGINNING OF THE LINE ARE RELATED TO THE EXTERIOR WINDOW WORK. RB MARKS AND OUR SUBCONTRACTORS CANNOT GUARANTEE A WATER TIGHT ENVELOPE AFTER COMPLETION OF THIS WORK, AND WILL PROVIDE NO WARRANTY ON THIS PORTION. WINDOWS AND PATCHING TO BE AS SHOWN ON THE DOCUMENT TITLED LIMITS OF STUCCO WORK ATTACHED HERETO AS EXHIBIT B-1 AND INCORPORATED HEREIN BY REFERENCE. STUCCO PATCHING NOT TO EXCEED 150SQFT. WOOD FRAMING TO BE LIMITED TO SHIMMING EXISTING FRAMING AND REPLACEMENT OF OSB DEMOED BY REMOVING STUCCO. WINDOW SCOPE TO BE REMOVAL, TAPE REWORKED OPENINGS AT JAMBS AND HEADS, TAPE SILLS, REINSTALL WINDOWS, TAPE FINS, INSTALL FLASHINGS AND TAPE FLASHING. ROLL ON WATERPROOFING BEHIND STUCCO PATCHING INCLUDED. PAINT INCLUDED. CANNOT GUARANTEE SEAMLESS TRANSITION BETWEEN OLD STUCCO AND NEW PATCHES. Stucco Unit Cost for additional work, to be determined in field - Add $10.00/sf for lath and stucco patching on first floor. Add $3.00/sf for fluid applied waterproofing behind stucco at these areas. Add $5.00/sf for peel and stick waterproofing instead. Painting Unit Cost for additional work, to be determined in field - Add $1.00/sf for painting stucco patches at first floor. Unit Cost: OSB Sheathing for additional work, to be determined in field - Add $8.00/sf for sheathing where existing OSB is flaking. Square footage of flaking will determine stucco patch and painting unit costs. Includes (2) 2 ton mini splits for back hallway. Add $ 7,567.00 for grey stained concrete. To be used in lieu of integral concrete color. Stain will appear mottled and not a consistent color. To be applied at both café and marketplace. Lighting does not include ’owner selected’ fixtures. No specifications are included for these fixtures. Does not include dark grey concrete additive for slab. Add $43,388.00 for coloring. Includes (1) Schier GB-250 grease trap at Marketplace and (1) Lil-50 under counter grease trap at café . Does not include mold testing after remediation. Permits by owner. Includes mold mitigation at first floor units to existing drywall ceiling only at Cafe. Includes mitigation at Marketplace Upper in (2) areas. Does not include additional mitigation due to continued leaks in building envelope. Includes re-glazing no more than 480sf of glass at the Marketplace. Glass to be 1" tinted insulated. Some copper runs are longer than manufacturers recommendations. Max equivalent length is 250lf, which includes allowances for bends equates to 200lf max actual length. Air handlers or condensing units may need to be moved to accommodate for this limitation. All water lines to be CPVC. All sanitary to be SCH-40 pvc. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 12 All above ground conduit to be MC cable, PVC, and EMT with compression couplings and connectors. All underground conduit to be PVC. All wiring to be aluminum. Assumes existing conduit to be properly sized for aluminum wire (4 inch conduit as shown). Deck pricing consists of materials and labor for deck as shown. Add $8,000.00 for structural concrete and framing work as needed for deck if determined necessary by 3rd party engineer to meet wind loads. Includes low voltage stub ups as shown on plans. AHU condensate will be routed to nearest storm drains and fed by gravity. Copper linesets to be mounted with unistrut with insulated cush clamps at every floor opening and the top and bottom of the shaft. Air duct to be angle iron cut to fit and bolted to shaft frame with rods, straps, and wire as required to comply with SMACNA duct installation standards. To be mounted every floor opening or maximum required spacing per SMACA, whichever is more stringent. Hood grease duct to be installed with custom fit grease duct brackets supplied by CaptiveAire. To be mounted every floor opening or per CaptiveAire requirements, whichever is more stringent. If engineer should require additional bracing or more stringent mounting specifications, additional costs may apply. Location of sanitary line tie in for grease trap at cafe unknown. Price subject to change after field verification. Includes insulated slab below walk in cooler. Owner will furnish all FFE (kitchen equipment/coolers/hood/etc.) Contractor to make final connections to equipment. Contractor to install hood package and stainless wall panels by owner. Owners KEC vendor to place equipment in final location. Includes wine cabinet. Does not include supplying or installing any A/V, access control, security devices, or lighting controls. By Owner. Exterior signage by owner. Contractor to provide J-Boxes as shown. Assumes mechanical shaft is accessible on each floor. Assumes standard protection of shaft opening. Excludes card reader and access control. Includes J-Box for card reader. Planters by owner. Includes bubblers to each planter box. Does not include closing shaft off at any level. Assumes LT-13 and 14 to be manufactured as shown on interior elevations. Does not include selecting, supplying, or manufacturing wine barrels and kegs for this purpose. Does not include any structural reinforcement for installation of these items. No Bond Fees Included Excludes low voltage wiring. Additional Terms and Conditions: 1. Due to the volatile market for material supply chain pricing and availability, the Contractor agrees to execute all subcontracts within 60 days after November 29, 2021. Any material price increases that have been implemented prior to expiration of the 60-day period that exceed 5% of the material cost component of the subcontractor bid proposal DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 13 may be submitted by the Contractor to the Owner, and the Owner shall pay the Contractor additional compensation equal to the full amount of such material price increases. The Owner will not consider request for material cost increases within subcontracts that have been executed beyond the 60 day stipulation set out above. Any requests from the Contractor shall include appropriate documentation that supports the requested price adjustment for the material. The reimbursed amount is for materials only. The Owner will not provide any additional compensation for General Conditions, General Requirements or increase in the calculation for overhead and profit based on material price escalation. 2. No asbestos or lead/other abatement of any kind is included. No testing for asbestos, mold, or lead/other of any kind is included. 3. Dumpsters included 4. First Shift Work, no overtime included in this proposal 5. Excludes all work due to unforeseen conditions 6. Excludes any impact fees, change of use fees, utility fees, etc. 7. All scope not specifically mentioned in this proposal is excluded. 8. Proposed project duration starts when each of the following have been met: 1. Permit issued by Jurisdiction Having Authority, 2. Notice to Proceed, 3. Proof of Financing, 4. Signed Contract. 9. If owner contracted vendors delay critical path scopes, additional costs and time will be incurred and chargeable to the owner. 10. Excludes Public Safety Distributed Antenna System (DAS) testing, if required. 11. FORCE MAJEURE 11.1. Force Majeure. Except as otherwise expressly set forth in this Construction Agreement, if either party hereto shall be delayed or hindered in, or prevented from, the performance of any act (other than the payment of money) required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, unseasonable weather conditions, war or other reasons of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Construction Agreement (all of such reasons or causes referred to in this Construction Agreement as "force majeure"), then performance of such acts shall be excused for the period of delay, and the period within which the performance of such act may be required hereunder shall be extended by a period equivalent to the period of such delay. 11.2. In order to assert a force majeure delay relating to the Construction Commencement Date or the Construction Completion Date it must be an actual, documented delay of a critical path deadline in construction or completion of the Project which is caused by a validated force majeure event, and the party claiming such delay must: (i) deliver written notice to the other party within (10) days of being notified of such delay, setting out the cause of the asserted force majeure delay, along with the relevant information substantiating the claim of a force majeure delay, including the beginning date of the delay, the estimated duration of the delay and the probable impact on the performance of such party’s obligations hereunder; (ii) undertake commercially reasonable efforts to mitigate the effects of the force majeure delay on the party’s performance; and (iii) upon request by the other party, provide reports of the steps being taken and progress made in overcoming the effects of the force majeure event. 12. Owner acknowledges and recognizes that due to the operation of market forces beyond the reasonable control of the Contractor, material supply chain disruption may cause delays in the manufacturing or delivery of materials required for the performance of the Contract Documents. As long as the Contractor and/or the responsible subcontractor timely orders materials after submittals are approved, if there is a delay in delivery due to supply chain disruption issues, the Contractor maybe entitled to a commensurate extension of the Contract Time and/or Contract Sum, subject to the notice, mitigation and reporting requirements of preceding Paragraph 11.2. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 14 13. REDTEAM SOFTWARE - RBmarks Construction utilizes Redteam Software for all aspects of the construction process. It is agreed that all team members, including the architect, civil engineer, MEP engineers, owner’s 3rd party consultants and the owner shall respond to all dialog within the email through the email links provided. It is imperative that all RFI, submittals, and dialog responses be contained within the Redteam Software to ensure accuracy and efficiency. 14. Other Software systems- RBmarks Construction will not use any other software systems unless it has been discussed and approved prior to the bid date on this proposal. 15. The Scope of Work described above supersedes any and all prior communication about this Work. By accepting this Proposal, Customer understands that changes to the scope for any reason not controlled by RB Marks Construction, Inc. may result in additional charges. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 PROJECT SCHEDULE PROJECT: NOLEN COMMERCIAL Construction Milestones 6/6/2022 0 6/6/2022 0 6/6/2022 Commence Construction 12/13/2021 0 12/13/2021 0 12/13/2021 Leasing Office Demo Work 1/24/2022 0 1/24/2022 0 1/24/2022 Grease Trap Trench and Install 1/25/2022 0 1/25/2022 0 1/25/2022 Slab Pour 2/2/2022 0 2/2/2022 0 2/2/2022 Deck Install 2/3/2022 0 2/3/2022 0 2/3/2022 Shade Sail Install 2/8/2022 0 2/8/2022 0 2/8/2022 Wall Framing 2/11/2022 0 2/11/2022 0 2/11/2022 MEP Wall Rough-ins 3/3/2022 0 3/3/2022 0 3/3/2022 Ceiling Framing 3/14/2022 0 3/14/2022 0 3/14/2022 Wall Rough-in inspections 3/14/2022 0 3/14/2022 0 3/14/2022 MEP Ceiling Inspections 3/24/2022 0 3/24/2022 0 3/24/2022 Drywall 4/18/2022 0 4/18/2022 0 4/18/2022 Start Finishes 4/19/2022 0 4/19/2022 0 4/19/2022 Begin FF&E Install 5/18/2022 0 5/18/2022 0 5/18/2022 FF&E and Finishes Complete 5/26/2022 0 5/26/2022 0 5/26/2022 Punch Walk Through 5/27/2022 0 5/27/2022 0 5/27/2022 Final Inspections 6/6/2022 0 6/6/2022 0 6/6/2022 CRA Grant Deadline 3/1/2022 0 3/1/2022 0 3/1/2022 CRA Extension Package to be Submitted 1/28/2022 0 1/28/2022 0 1/28/2022 Deadline for CO (Per Grant Agreement) 3/1/2022 0 3/1/2022 0 3/1/2022 Substantial Completion 5/30/2022 0 5/30/2022 0 5/30/2022 Current Schedule Completion Date (as of 12/28/2021) Project Milestones Original Schedule Completion Date Previous schedule Vs. Original Schedule (Variance in # of Days) Previous Schedule Completion Date Current Schedule Vs. Original Schedule (Variance in # of Days) PROJECT RENDERINGS Café: PROJECT: The Nolen Commercial Market Hall: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0088 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Amend a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, to extend the agreement to March 1, 2023, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA Trustees approved a time limited, grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts in the CRA area. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $250,000.00 for 949 Cleveland LLC to build out multiple vacant storefronts to establish a “micro” market, food hall concept that will provide space for up to 8 vendors. Each vendor will have access to individual electrical and plumbing hook-ups and a shared communal kitchen for preparation and storage of goods. Patrons will have access to the lounge areas in the adjacent self -serve beer/wine business. New restrooms will be constructed as part of this project. The total project cost is $570,655.48. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction was delayed. The CRA Trustees approved an extension to March 1, 2022. Unfortunately, the COVID 19 pandemic continued to delay progress and the applicant was not able to secure a general contractor until late 2021. The applicant is committed to this project. They have received a building permit and have begun construction. They have requested to extend the grant agreement by one year to complete the project and open the new businesses. Staff recommends amending the grant to allow a new completion date of March 1, 2023. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0088 APPROPRIATION CODE AND AMOUNT: Funds for this grant are available in 3887552-R2003 Economic Development-City Page 2 City of Clearwater Printed on 2/6/2022 Table of Contents 2 Project Summary 3 Building Permit Receipts 6 Executed GC Contract 26 Copy of NOC 30 Project Schedule 31 Renderings 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 nvisiondevelopment.com COMMUNITY REDEVELOPMENT AGENCY FOOD & DRINK GRANT EXTENSION REQUEST Project: Cleveland Street Market Project Addresses: 943 Cleveland Street Clearwater Fl, 33756 1011 Cleveland Street Clearwater Fl, 33756 1017-1029 Cleveland Street Clearwater Fl, 33756 Owner: 949 Cleveland Street, LLC Date: January 24, 2022 Nvision Development is writing to request a grant extension for the Cleveland Street Market at The Nolen Apartments, which is currently set to expire March 01, 2022. This project has experienced multiple delays including the original general contractor withdrawing days before contract execution, set backs in permitting, and delays from the COVID-19 pandemic. After the permits were prepared to be transferred to the general contractor and issued for construction, Nvision received a letter of withdrawal from the contractor on June 15, 2021. Following this, the bidding process had to be restarted with updated requests for proposals being distributed. The supply-chain, market conditions, and labor challenges from the COVID-19 pandemic has made the bidding process take longer than anticipated. After making the final selection and executing the contract in November of 2021, the Notice of Commencement was recorded and building permits were transferred to R.B. Marks to buildout the café, upper, and lower portion of the project. Given these setbacks, Nvision Development has taken action to ensure this project will be completed prior to the end of 2022. R.B. Marks, has capacity for this project as well as recent experience with similar buildouts, began mobilization on December 13, 2021 and demolition on January 18, 2022. Given the construction timeline and progress being made thus far, we are confident that tenants will be open for business within the year. We are requesting a 1-year extension of the three grants for this project until March 1, 2023. These three grants are under one single GC contract and are all under the same timeline shown below. 1. 943 Cleveland Street (café) - $187,632.50 2. 1011 Cleveland Street (lower) - $250,000 3. 1017-1029 Cleveland Street (upper) - $250,000 Our goal with The Cleveland Market is to provide a diverse assortment of fine art, crafts, food, service providers. Diversity is the key to being a vibrant community of makers and to attracting customers. In an effort to ensure quality and diversity at The Cleveland Market, market vendor applications will be submitted and reviewed by the market committee. We are finalizing the contract with a well known coffee shop founded in Orlando which will be an exciting addition to the café portion of this project. We will use social media to promote and market the vendors on our Instagram and Facebook social media platforms, and tag their pages. Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 3rd day of November in the year 2021 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) 949 Cleveland Street, LLC, a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 and the Contractor: (Name, legal status, address and other information) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 for the following Project: (Name, location and detailed description) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 First floor buildout for micro tenant spaces in existing building. Includes exterior hardscape changes and shade sails. The Architect: (Name, legal status, address and other information) Butler Moore Architects 15 West Church Street #201 Orlando, FL 32801 Attention Guy Butler Email: guy@butlermoore.com Telephone: 407.492.7505 The Owner and Contractor agree as follows. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the modified AIA Document A201-2017 General Conditions of the Contract (the "A201-2017"), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of this Agreement. [ ]A date set forth in a notice to proceed issued by the Owner. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) November 29, 2021, provided that the Contractor receives all of the following promptly, and no later than 10 days, after the date of this Agreement: 1. The issuance of all applicable permits; 2. Owner’s written notice to proceed is delivered to the Contractor; 3. fully executed Agreement; 4. Owner’s recording and delivery to Contractor of a Notice of Commencement; and 5. Reasonable evidence of adequate funding of the Contract Sum and reasonable contingency is delivered to the Contractor. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 3 § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ]Not later than one hundred sixty-eight ( 168 ) calendar days from the date of commencement of the Work. [ ]By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Two Million Forty-Seven Thousand Five Hundred Six and no/100 Dollars ($2,047,506.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance See Exhibit B § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price See Exhibit C § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) See Exhibit C-1 § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 4 § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) § 4.6.1 For Additive Changes in the work: (a) applicable alternates and unit prices, if any, and any increase in the cost of the Work not covered by alternates or unit prices; plus (b) five percent (5%) overhead; plus (c) eight percent (8%) profit. ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner’s Representative by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The period covered by each Application for Payment shall be one calendar month ending on the 25th day of the month. § 5.1.3 Provided that an Application for Payment is received by the Owner’s Representative (hereinafter defined) not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Owner’s Representative after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45 ) days after the Owner’s Representative receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner’s Representative and the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Owner’s Representative determines, in the Owner’s Representative’s professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Owner’s Representative has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 5 .4 For Work performed or defects discovered since the last payment application, any amount for which the Owner may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 10% ten percent § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.10 Lien Releases. Contractor shall provide copies of conditional and unconditional releases as follows: .1 With the first Application for Payment: Conditional waiver and release from the Contractor covering the total amount requested in the first Application for Payment. .2 With all subsequent Applications for Payment: a) Conditional waiver and release from the Contractor covering the total amount requested in the current Application for Payment. b) Unconditional waiver and release from the Contractor covering the amount paid to the Contractor from the previous Application for Payment. c) Copies of Unconditional waiver and release from all potential lienors (as that term is defined in the Florida Construction Lien Law) who filed a Notice to Owner and have been requisitioned on the previous Application for Payment. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 6 § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after completion of punch-list work. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One-half of one percent (0.5%) per month ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision MakerThe Owner’s Representative will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (Paragraphs deleted) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ ]Litigation in a court of competent jurisdiction [ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) One and one-half percent (1.5%) of the value of the balance of the contract to complete. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The "Owner’s Representative": (Name, address, email address, and other information) Ian McCook Nvision Development Management Services DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 7 485 S Keller Road, Suite 520 Maitland, FL 32751 Email: imccook@nvisiondevelopment.com Telephone: (407) 872-1900 § 8.3 The Contractor’s representative: (Name, address, email address, and other information) Greg Barrows, VP of Company Operations R.B. Marks Construction, Inc., a Florida corporation 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in the modified AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, attached hereto as Exhibit A, and elsewhere in the Contract Documents. § 8.5.2 Intentionally deleted. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) via email / via Redteam Software § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor .2 Exhibit A – modified AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3 Exhibit F – modified AIA Document A201™–2017, General Conditions of the Contract for Construction .4 Intentionally deleted. .5 Drawings Number Title Date See Exhibit D – Drawing Log .6 Specifications Section Title Date Pages DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 8 .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan: Title Date Pages [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit A – Insurance Exhibit B – Contractor’s Clarifications, Exclusions and Alternates Exhibit B-1 – Limits of Stucco Exhibit C – Schedule of Values Exhibit C-1 – Unit Prices Exhibit D – Drawing Log Exhibit E – Preliminary Construction Schedule Exhibit F –A201-2017 In the event of conflict between or among terms and provisions of the Contract Documents, the terms and provisions of Exhibit B, Exhibit B-1, Exhibit C and Exhibit C-1 shall control and take precedence. This Agreement entered into as of the day and year first written above. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 9 949 Cleveland Street, LLC, a Florida limited liability company By: 949 C.S. HOLDINGS, INC., its Manager R.B. Marks Construction, Inc., a Florida corporation OWNER (Signature)CONTRACTOR (Signature) Michael Niederst, Manager Russ Cammack, CFO (Printed name and title)(Printed name and title) DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Document A101® – 2017 Exhibit A Insurance and Bonds Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201®–2017, General Conditions of the Contract for Construction. Article 11 of A201®–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the 3rd day of November in the year 2021 (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) The Nolen Marketplace and Café Cafe - 943 Cleveland Street Clearwater, FL 33756 Lower - 1011 Cleveland Street Clearwater, FL 33756 Upper - 1017, 1023 and 1029 Cleveland Street Clearwater, FL 33756 THE OWNER: (Name, legal status and address) 949 Cleveland Street, LLC , a Florida limited liability company c/o Nvision Development Management Services 485 N Keller Rd, Ste 520 Maitland, FL 32751 THE CONTRACTOR: (Name, legal status and address) R.B. Marks Construction, Inc., a Florida corporation (CGC060078) 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708 TABLE OF ARTICLES A.1 GENERAL A.2 OWNER’S INSURANCE A.3 CONTRACTOR’S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE A.2 OWNER’S INSURANCE § A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 2 § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Causes of Loss Sub-Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 3 against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 4 § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE A.3 CONTRACTOR’S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04. § A.3.2 Contractor’s Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($ 1,000,000 ) each occurrence, Two Million Dollars ($ 2,000,000 ) general aggregate, and Two Million Dollars ($ 2,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 5 .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions. § A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers’ Compensation at statutory limits. § A.3.2.6 Employers’ Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit. § A.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. § A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than zero ($ 0 ) per claim and zero ($ 0 ) in the aggregate. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 6 § A.3.2.10 Coverage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.3 Contractor’s Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ A.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:38:20 ET on 11/03/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1751857205) 7 [ ]§ A.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits (Paragraphs deleted) § A.3.4 Intentionally deleted. (Paragraph deleted) (Table deleted) ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 11 EXHIBIT B Clarifications, Exclusions and Alternates RB Marks Construction and our subcontractors are not responsible for any current or future leaks at both areas we are affecting as well as areas that are out of our scope. It is understood that the contractor will perform waterproofing per the scope laid out in this proposal. Includes fire dampers for outside air duct going through fire rated hallways that are not shown on plans. SCHEDULE OF VALUES ITEMS LABELED WITH A * AT THE BEGINNING OF THE LINE ARE RELATED TO THE EXTERIOR WINDOW WORK. RB MARKS AND OUR SUBCONTRACTORS CANNOT GUARANTEE A WATER TIGHT ENVELOPE AFTER COMPLETION OF THIS WORK, AND WILL PROVIDE NO WARRANTY ON THIS PORTION. WINDOWS AND PATCHING TO BE AS SHOWN ON THE DOCUMENT TITLED LIMITS OF STUCCO WORK ATTACHED HERETO AS EXHIBIT B-1 AND INCORPORATED HEREIN BY REFERENCE. STUCCO PATCHING NOT TO EXCEED 150SQFT. WOOD FRAMING TO BE LIMITED TO SHIMMING EXISTING FRAMING AND REPLACEMENT OF OSB DEMOED BY REMOVING STUCCO. WINDOW SCOPE TO BE REMOVAL, TAPE REWORKED OPENINGS AT JAMBS AND HEADS, TAPE SILLS, REINSTALL WINDOWS, TAPE FINS, INSTALL FLASHINGS AND TAPE FLASHING. ROLL ON WATERPROOFING BEHIND STUCCO PATCHING INCLUDED. PAINT INCLUDED. CANNOT GUARANTEE SEAMLESS TRANSITION BETWEEN OLD STUCCO AND NEW PATCHES. Stucco Unit Cost for additional work, to be determined in field - Add $10.00/sf for lath and stucco patching on first floor. Add $3.00/sf for fluid applied waterproofing behind stucco at these areas. Add $5.00/sf for peel and stick waterproofing instead. Painting Unit Cost for additional work, to be determined in field - Add $1.00/sf for painting stucco patches at first floor. Unit Cost: OSB Sheathing for additional work, to be determined in field - Add $8.00/sf for sheathing where existing OSB is flaking. Square footage of flaking will determine stucco patch and painting unit costs. Includes (2) 2 ton mini splits for back hallway. Add $ 7,567.00 for grey stained concrete. To be used in lieu of integral concrete color. Stain will appear mottled and not a consistent color. To be applied at both café and marketplace. Lighting does not include ’owner selected’ fixtures. No specifications are included for these fixtures. Does not include dark grey concrete additive for slab. Add $43,388.00 for coloring. Includes (1) Schier GB-250 grease trap at Marketplace and (1) Lil-50 under counter grease trap at café . Does not include mold testing after remediation. Permits by owner. Includes mold mitigation at first floor units to existing drywall ceiling only at Cafe. Includes mitigation at Marketplace Upper in (2) areas. Does not include additional mitigation due to continued leaks in building envelope. Includes re-glazing no more than 480sf of glass at the Marketplace. Glass to be 1" tinted insulated. Some copper runs are longer than manufacturers recommendations. Max equivalent length is 250lf, which includes allowances for bends equates to 200lf max actual length. Air handlers or condensing units may need to be moved to accommodate for this limitation. All water lines to be CPVC. All sanitary to be SCH-40 pvc. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 12 All above ground conduit to be MC cable, PVC, and EMT with compression couplings and connectors. All underground conduit to be PVC. All wiring to be aluminum. Assumes existing conduit to be properly sized for aluminum wire (4 inch conduit as shown). Deck pricing consists of materials and labor for deck as shown. Add $8,000.00 for structural concrete and framing work as needed for deck if determined necessary by 3rd party engineer to meet wind loads. Includes low voltage stub ups as shown on plans. AHU condensate will be routed to nearest storm drains and fed by gravity. Copper linesets to be mounted with unistrut with insulated cush clamps at every floor opening and the top and bottom of the shaft. Air duct to be angle iron cut to fit and bolted to shaft frame with rods, straps, and wire as required to comply with SMACNA duct installation standards. To be mounted every floor opening or maximum required spacing per SMACA, whichever is more stringent. Hood grease duct to be installed with custom fit grease duct brackets supplied by CaptiveAire. To be mounted every floor opening or per CaptiveAire requirements, whichever is more stringent. If engineer should require additional bracing or more stringent mounting specifications, additional costs may apply. Location of sanitary line tie in for grease trap at cafe unknown. Price subject to change after field verification. Includes insulated slab below walk in cooler. Owner will furnish all FFE (kitchen equipment/coolers/hood/etc.) Contractor to make final connections to equipment. Contractor to install hood package and stainless wall panels by owner. Owners KEC vendor to place equipment in final location. Includes wine cabinet. Does not include supplying or installing any A/V, access control, security devices, or lighting controls. By Owner. Exterior signage by owner. Contractor to provide J-Boxes as shown. Assumes mechanical shaft is accessible on each floor. Assumes standard protection of shaft opening. Excludes card reader and access control. Includes J-Box for card reader. Planters by owner. Includes bubblers to each planter box. Does not include closing shaft off at any level. Assumes LT-13 and 14 to be manufactured as shown on interior elevations. Does not include selecting, supplying, or manufacturing wine barrels and kegs for this purpose. Does not include any structural reinforcement for installation of these items. No Bond Fees Included Excludes low voltage wiring. Additional Terms and Conditions: 1. Due to the volatile market for material supply chain pricing and availability, the Contractor agrees to execute all subcontracts within 60 days after November 29, 2021. Any material price increases that have been implemented prior to expiration of the 60-day period that exceed 5% of the material cost component of the subcontractor bid proposal DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 13 may be submitted by the Contractor to the Owner, and the Owner shall pay the Contractor additional compensation equal to the full amount of such material price increases. The Owner will not consider request for material cost increases within subcontracts that have been executed beyond the 60 day stipulation set out above. Any requests from the Contractor shall include appropriate documentation that supports the requested price adjustment for the material. The reimbursed amount is for materials only. The Owner will not provide any additional compensation for General Conditions, General Requirements or increase in the calculation for overhead and profit based on material price escalation. 2. No asbestos or lead/other abatement of any kind is included. No testing for asbestos, mold, or lead/other of any kind is included. 3. Dumpsters included 4. First Shift Work, no overtime included in this proposal 5. Excludes all work due to unforeseen conditions 6. Excludes any impact fees, change of use fees, utility fees, etc. 7. All scope not specifically mentioned in this proposal is excluded. 8. Proposed project duration starts when each of the following have been met: 1. Permit issued by Jurisdiction Having Authority, 2. Notice to Proceed, 3. Proof of Financing, 4. Signed Contract. 9. If owner contracted vendors delay critical path scopes, additional costs and time will be incurred and chargeable to the owner. 10. Excludes Public Safety Distributed Antenna System (DAS) testing, if required. 11. FORCE MAJEURE 11.1. Force Majeure. Except as otherwise expressly set forth in this Construction Agreement, if either party hereto shall be delayed or hindered in, or prevented from, the performance of any act (other than the payment of money) required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, unseasonable weather conditions, war or other reasons of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Construction Agreement (all of such reasons or causes referred to in this Construction Agreement as "force majeure"), then performance of such acts shall be excused for the period of delay, and the period within which the performance of such act may be required hereunder shall be extended by a period equivalent to the period of such delay. 11.2. In order to assert a force majeure delay relating to the Construction Commencement Date or the Construction Completion Date it must be an actual, documented delay of a critical path deadline in construction or completion of the Project which is caused by a validated force majeure event, and the party claiming such delay must: (i) deliver written notice to the other party within (10) days of being notified of such delay, setting out the cause of the asserted force majeure delay, along with the relevant information substantiating the claim of a force majeure delay, including the beginning date of the delay, the estimated duration of the delay and the probable impact on the performance of such party’s obligations hereunder; (ii) undertake commercially reasonable efforts to mitigate the effects of the force majeure delay on the party’s performance; and (iii) upon request by the other party, provide reports of the steps being taken and progress made in overcoming the effects of the force majeure event. 12. Owner acknowledges and recognizes that due to the operation of market forces beyond the reasonable control of the Contractor, material supply chain disruption may cause delays in the manufacturing or delivery of materials required for the performance of the Contract Documents. As long as the Contractor and/or the responsible subcontractor timely orders materials after submittals are approved, if there is a delay in delivery due to supply chain disruption issues, the Contractor maybe entitled to a commensurate extension of the Contract Time and/or Contract Sum, subject to the notice, mitigation and reporting requirements of preceding Paragraph 11.2. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:22:33 ET on 11/10/2021 under Order No.1084318409 which expires on 02/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1734424903) 14 13. REDTEAM SOFTWARE - RBmarks Construction utilizes Redteam Software for all aspects of the construction process. It is agreed that all team members, including the architect, civil engineer, MEP engineers, owner’s 3rd party consultants and the owner shall respond to all dialog within the email through the email links provided. It is imperative that all RFI, submittals, and dialog responses be contained within the Redteam Software to ensure accuracy and efficiency. 14. Other Software systems- RBmarks Construction will not use any other software systems unless it has been discussed and approved prior to the bid date on this proposal. 15. The Scope of Work described above supersedes any and all prior communication about this Work. By accepting this Proposal, Customer understands that changes to the scope for any reason not controlled by RB Marks Construction, Inc. may result in additional charges. DocuSign Envelope ID: 23AAD645-70B1-49F1-AE65-62873221D6F6 PROJECT SCHEDULE PROJECT: NOLEN COMMERCIAL Construction Milestones 6/6/2022 0 6/6/2022 0 6/6/2022 Commence Construction 12/13/2021 0 12/13/2021 0 12/13/2021 Leasing Office Demo Work 1/24/2022 0 1/24/2022 0 1/24/2022 Grease Trap Trench and Install 1/25/2022 0 1/25/2022 0 1/25/2022 Slab Pour 2/2/2022 0 2/2/2022 0 2/2/2022 Deck Install 2/3/2022 0 2/3/2022 0 2/3/2022 Shade Sail Install 2/8/2022 0 2/8/2022 0 2/8/2022 Wall Framing 2/11/2022 0 2/11/2022 0 2/11/2022 MEP Wall Rough-ins 3/3/2022 0 3/3/2022 0 3/3/2022 Ceiling Framing 3/14/2022 0 3/14/2022 0 3/14/2022 Wall Rough-in inspections 3/14/2022 0 3/14/2022 0 3/14/2022 MEP Ceiling Inspections 3/24/2022 0 3/24/2022 0 3/24/2022 Drywall 4/18/2022 0 4/18/2022 0 4/18/2022 Start Finishes 4/19/2022 0 4/19/2022 0 4/19/2022 Begin FF&E Install 5/18/2022 0 5/18/2022 0 5/18/2022 FF&E and Finishes Complete 5/26/2022 0 5/26/2022 0 5/26/2022 Punch Walk Through 5/27/2022 0 5/27/2022 0 5/27/2022 Final Inspections 6/6/2022 0 6/6/2022 0 6/6/2022 CRA Grant Deadline 3/1/2022 0 3/1/2022 0 3/1/2022 CRA Extension Package to be Submitted 1/28/2022 0 1/28/2022 0 1/28/2022 Deadline for CO (Per Grant Agreement) 3/1/2022 0 3/1/2022 0 3/1/2022 Substantial Completion 5/30/2022 0 5/30/2022 0 5/30/2022 Current Schedule Completion Date (as of 12/28/2021) Project Milestones Original Schedule Completion Date Previous schedule Vs. Original Schedule (Variance in # of Days) Previous Schedule Completion Date Current Schedule Vs. Original Schedule (Variance in # of Days) PROJECT RENDERINGS Café: PROJECT: The Nolen Commercial Market Hall: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0089 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve the Second Amendment to Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency, the City of Clearwater and Blue Pierce, LLC and authorize the appropriate officials to execute same. SUMMARY: The purpose of this item is to request approval of an amendment to the development agreement between the Community Redevelopment Agency (CRA) and Blue Pierce, LLC to extend the allowable time for closing and the construction of the Blue Dolphin Tower. After unsuccessful attempts to attract commercial, market rate development, the Community Redevelopment Agency (CRA) issued RFP 09-19 on August 17, 2019, to redevelop the former Fire Station 45 site at 610 Franklin Street as a housing tax credit project. Staff reviewed three qualified proposals and recommended Blue Sky Communities as the winning proposal on September 18, 2019. Blue Sky Communities proposes to construct a 9-story, 81-unit housing development with a two-story, 81-space parking garage. The unit mix is 30 1-bedroom, 47 two-bedroom and 4 three-bedroom units. This is a mixed income project with 16% of the units at 30% AMI, 69% of the units at 60% AMI and 15% of the units at 80% AMI. The developer successfully obtained state tax credits from the 9% program in 2020. Construction costs increased significantly during 2020 and 2021 due to the pandemic, which led the developer to pause the Architecture process after receiving a development order in August 2021. The developer did not wish to continue preparing construction plans without obtaining additional funding to construct the project. The developer has obtained additional funding as outlined in the table below and is ready to finish construction drawings to obtain a building permit. The development agreement requires obtaining all building permits as a condition of closing. BLUE DOLPHIN TOWER Funding Sources Table, 1/24/22 *Presently scheduled for consideration by Pinellas County Commissioners at Meeting on 2/8/22 Raymond James Bank $4,410,000 Raymond James Tax Credit Funds $17,744,225 Clearwater/CRA LGAO $610,000 Clearwater Add’l. Loan $1,800,000 Pinellas County - Penny Land Assembly*$1,000,000 Pinellas County - SHIP*$1,000,000 Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0089 Deferred Developer Fee $1,560,425 TOTAL SOURCES $28,124,651 Closing is currently scheduled for March 2022 which the developer will not be able to meet. Staff recommends extending the following dates in the agreement: Task Current Deadline Amended Deadline Closing/Sale of Property 3/1/2022 12/1/2022 Construction Commencement 4/1/2022 1/1/2023 Vertical Construction Commencement 10/1/2022 7/1/2023 Project Completion 4/1/2024 1/1/2025 Approval of the amendment to extend the agreement deadlines is recommended. APPROPRIATION CODE AND AMOUNT: There is funding available in the Housing-County R2010 project fund for the CRA’s $305,000 portion of the local government contribution which remains unchanged from the previous approval. The CRA will receive $2 million from the sale of this property. Page 2 City of Clearwater Printed on 2/6/2022 [MU19-9311-046/283479/1] 4882-8401-2298 v.1 147454/00112 SECOND AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY THIS SECOND AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY (this “Amendment”) is made and entered into as of this ___ day of February, 2022, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (the “Agency”), and BLUE PIERCE, LLC, a Florida limited liability company (the “Developer”, together with the Agency, the “Parties”). W I T N E S S E T H: WHEREAS, the Agency and Blue Sky Communities LLC entered into that certain Agreement for Development and Purchase and Sale of Property dated October 22, 2019 as assigned to the Developer (the “Contract”); and WHEREAS, the Parties entered into that certain First Amendment to Agreement for Development and Purchase and Sale of Property dated October 12, 2020; and WHEREAS, the Developer has experienced project delays due to the pandemic, and efforts to seek additional funding commitments to offset the increase in construction costs; and WHEREAS, notwithstanding the delays, the Developer has met the following obligations set forth in the Contract: (i) Section 3.03(a) and (b) (“Permits”); (ii) Article 4 (“Project Plans and Specifications”); (iii) Section 6.05 (“Title”); and (iv) Section 6.06 (“Survey”); and WHEREAS, the Agency has approved the Site Plan in accordance with Sections 4.01(b) and 4.04 of the Contract; and WHEREAS, although the City of Clearwater (“the City”) is a party to the Contract, the City is only a party to the Contract as it relates to Section 15.18 (“Local Government Support”) and therefore is not required to be a party to this Amendment; and WHEREAS, the Agency and the Developer desire to enter into this Amendment to address certain terms in the Contract. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the parties, the Agency and the Developer do hereby covenant and agree as follows: 1. The Agency and the Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. [MU19-9311-046/283479/1] 4882-8401-2298 v.1 147454/00112 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. 3. Section 4.05(b) is hereby amended to provide that the Developer shall Commence Construction of the Project by January 1, 2023. 4. Section 4.05(c) is hereby amended to provide that the Developer shall commence Vertical Construction of the Project by July 1, 2023. 5. Section 4.05(d) is hereby amended to provide that the Developer shall have substantially completed construction of the Project in accordance with Section 7.05 by January 1, 2025. 6. Section 6.10 is hereby amended to provide that the Closing Date shall occur no later than December 1, 2022. 7. Except as amended and modified hereby, the terms and conditions of the Contract are and shall remain in full force and effect. The Contract, as modified by this Amendment, is affirmed, confirmed and ratified in all respects. 8. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. [Remainder of page left intentionally blank] [MU19-9311-046/283479/1] 4882-8401-2298 v.1 147454/00112 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first set forth above: AGENCY: Community Redevelopment Agency of the City of Clearwater, Florida ___________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call CRA Attorney City Clerk [MU19-9311-046/283479/1] 4882-8401-2298 v.1 147454/00112 DEVELOPER: Blue Pierce, LLC, a Florida limited liability company By: Blue Pierce M, LLC, its manager By: _______________________ Shawn Wilson, Manager January 12, 2022 Amanda Thompson Executive Director, Community Redevelopment Agency City of Clearwater 600 Cleveland St., 6th Fl. Clearwater, FL 33756 Re: 610 Franklin Street, Agreement for Development and Purchase and Sale of Property Dear Ms Thompson, Please allow me to express once again Blue Sky’s appreciation for your patience as we forge ahead through the Covid-induced minefield that everyone in Affordable Housing is facing. The purpose of this letter is to request an extension to the Closing Date. As we have been discussing, Blue Sky paused the Architecture process after we received our Development Order from the City on August 12, 2021. The pause allowed us time to pursue additional funding commitments. We were successful in this endeavor. Although there are still several steps to go through on the additional funding, Blue Sky is now at a point where we can re-start the Architecture process. The City commitment was made on December 2, 2021 and the County commitment is set to be voted on February 22, 2022. Our architect has informed us that he expects to have the plans ready to submit for building permit on May 20. If we assume a four-month permitting process, that puts us in position to Close by September 20. However, Blue Sky is lately experiencing longer-than-expected timeframes on several other active developments, so we believe it is prudent to extend the contract slightly longer. Therefore, we are requesting an extension from March 1, 2022 until December 1, 2022. Thank you very much again for your patience and cooperation. I am available to answer any questions or discuss further. Sincerely, Shawn Wilson President Blue Sky Communities 5300 West Cypress Street Suite 200 Tampa, Florida 33607 © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 TomTom LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-1SITE DEVELOPMENT DATA BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG 6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21SITE AERIAL PHOTOGRAPHSITE LOCATION MAPN.T.S.N.T.S.SUMMARY OF PARKING SUPPLY:REGULAR PARKING= 75 SPACESHANDICAP PARKING= 6 SPACES"SUNSHINE STATE ONE CALL" OF FLORIDA AT 1-800-432-4770CONTRACTOR SHALL CALLA MINIMUM OF 2 AND A MAXIMUM OF 5 BUSINESS DAYS PRIOR TO START OF CONSTRUCTION.FLOOD ZONE INFORMATIONPER FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), THE SITEIS LOCATED WITHIN FLOOD ZONE "X" (FLOOD INSURANCE RATE MAPCOMMUNITY-PANEL NUMBER: 12103C0108H, MAP REVISED 5/17/2005)BOUNDARY AND TOPOGRAPHIC SURVEYSURVEY INFORMATION PROVIDED BY: BULLSEYE SURVEYING, INC. L.B. #7818SIGNED AND SEALED BY: GEORGE MARTIN, P.S.M # 6019DATED: 3/17/20OWNER:COMMUNITY REDEV AGENCY OF CLEARWATER, LLCATTN: CASH & INVESTMENTS MGRP.O. BOX 4748CLEARWATER, FLORIDA 33758ENGINEER:HIGH POINT ENGINEERING, INC.5300 W. CYPRESS STREET, SUITE 282TAMPA, FLORIDA 33607TEL: (813) 644-8333FAX: (813) 644-7000SURVEYOR:BULLSEYE SURVEYING, INC.2198 NE COACHMAN ROAD, SUITE FCLEARWATER, FLORIDA 33765TEL: (727) 475-8088LANDSCAPE:DARK MOSS, LLC400 N. TAMPA STREET, SUITE 1040TAMPA, FLORIDA 33602TEL: (813) 532-3440CONTRACTOR:PARK & ELEAZER CONSTRUCTION2363 GULF TO BAY BLVD, SUITE 200,CLEARWATER, FL 33765TEL: (727) 216-6591DEVELOPER:BLUE PIERCE, LLC5300 W. CYPRESS STREET, SUITE 200TAMPA, FLORIDA 33607TEL: (813) 514-2108ARCHITECT:PLACE ARCHITECTURE, LLC33 6TH STREET SOUTH, SUITE 400ST. PETERSBURG, FLORIDA 33701TEL: (727) 399-6980WATER AND SEWERCITY OF CLEARWATER UTILITIES DEPARTMENT100 SOUTH MYRTLE AVENUECLEARWATER, FLORIDA 33756TEL: (727) 562-4600BLUE DOLPHIN TOWERELECTRICITYDUKE ENERGY FLORIDA100 CENTRAL AVENUEST. PETERSBURG, FLORIDA 33701TEL: (877) 372-8477CABLESPECTRUM700 CARILLON PARKWAY, SUITE 6ST. PETERSBURG, FLORIDA 33716TEL: (877) 897-7333GASCLEARWATER GAS SYSTEM400 NORTH MYRTLE AVENUECLEARWATER, FLORIDA 33755TEL: (727) 562-4900TELEPHONEFRONTIER1280 EAST CLEVELAND STREETCLEARWATER, FLORIDA 33755TEL: (800) 483-4000FIRECITY OF CLEARWATER FIRE DEPARTMENT1140 COURT STREETCLEARWATER, FLORIDA 33756TEL: (727) 562-4334BUILDING INFORMATIONTOWEROCCUPANCY CLASSIFICATION: R-2 (RESIDENTIAL)TYPE OF CONSTRUCTION: I-BHEIGHT: 96' - 8"NUMBER OF FLOORS: 8GROSS FLOOR AREA: 88,930 SFGARAGEOCCUPANCY CLASSIFICATION: S-2 (STORAGE)TYPE OF CONSTRUCTION: V-AHEIGHT: 19' - 8"NUMBER OF FLOORS: 2GROSS FLOOR AREA: 31,780 SFUTILITIES PROVIDERSSITE DATA TABLEEXISTINGZONING:FUTURE LAND USE:USAGE:SETBACKSBUILDING HEIGHT:OFF-STREET PARKING:BUILDINGPARCEL ID: 15-29-15-54450-007-0010SECTION 15, TOWNSHIP 29 S, RANGE 15 EPINELLAS COUNTY, FLORIDADESCRIPTIONPERCENTAGE OF SITE AREA:TOTAL PERVIOUS AREA:TOTAL POND AREA:PERCENTAGE OF SITE AREA:TOTAL WETLAND AREA:PERCENTAGE OF SITE AREA:CENTRAL BUSINESS DISTRICT81 SPACESFIRE STATION----44 SPACESSITE AREA:47,426 S.F. (1.09 AC.)----14,680 S.F.31.0%BUILDING FOOTPRINT AREA:PERCENTAGE OF SITE AREA:32,877 S.F.0.69322,308 S.F.47.0%15,890 S.F.33.5%96.7 FT. (8-STORY)35 FT. (2-STORY)(1) 0.5 FT. (MIN) - 46.1 FT. (MAX)0 FT. (MAX)0 FT. (MAX)22,566 S.F.0.47688,930 S.F.1.87511,890 S.F.25.1%GROSS FLOOR AREA (GFA):FLOOR AREA RATIO (F.A.R.):FRANKLIN STREET (SOUTH):PIERCE STREET (NORTH):SIDE (EAST):SIDE (WEST):VEHICULAR USE AREA / PARKING GARAGE FOOTPRINT:PERCENTAGE OF SITE AREA:SIDEWALK / CURB / WALL:PERCENTAGE OF SITE AREA:3,618 S.F.7.6%5,097 S.F.10.7%40,606 S.F.0.856TOTAL IMPERVIOUS AREA:IMPERVIOUS SURFACE RATIO (I.S.R.):6,820 S.F.14.4%14,549 S.F.30.7%0 S.F.0%0 S.F.0%0 S.F.0%1 SPACE / UNITMINIMUM OFF-STREET PARKING REQUIRED: 81 SPACES81 UNITS X 1 SPACE / UNIT = 81 SPACESDOWNTOWN "D"0 S.F.0%54.6 FT.46.7 FT.5.0 FT.27.3 FT.610 FRANKLIN STREET,CLEARWATER, PINELLAS COUNTY, FLORIDA 3375647,426 S.F. (1.09 AC.)CENTRAL BUSINESS DISTRICTDOWNTOWN "D"0 FT. (MIN) - 3 FT. (MAX)------------PERCENTAGE OF SITE AREA:TOTAL OPEN SPACE:6,820 S.F.14.4%FRONTAGE:--------------------------------MULTI-FAMILY APARTMENTS /PARKING GARAGESTOREFRONT 2 /URBAN RESIDENTIAL 1PROPOSEDCODE REQUIREMENTS DENSITY:75 UNITS / ACRE (MAX.)74.3 UNITS / ACRE----TOTAL PARKING= 81 SPACES----CENTRAL BUSINESS DISTRICTDOWNTOWN "D"NUMBER OF DWELLING UNITS:8181INDEX OF DRAWINGSSHEET No.CONTENTC-1SITE DEVELOPMENT DATAC-2.1GENERAL NOTES, SYMBOLS & ABBREVIATIONSC-2.2SITE CONSTRUCTION NOTES & SPECIFICATIONSC-2.3BOUNDARY & TOPOGRAPHIC SURVEYC-3.1DEMOLITION & TREE PROTECTION PLANC-4.0SITE LAYOUT & PARKING PLAN AERIALC-4.1SITE LAYOUT & PARKING PLANC-4.2SIGNING & MARKING PLANC-4.3PASSENGER CAR TURNING PATH SIMULATION PLANC-5.1PAVING, GRADING & DRAINAGE PLANC-5.2PAVING, GRADING & DRAINAGE NOTES & SCHEDULESC-5.3STORMWATER POLLUTION PREVENTION PLANC-5.4STORMWATER POLLUTION PREVENTION CERTIFICATIONC-5.5CROSS SECTIONSC-6.1UTILITIES PLANC-7.1SITE CONSTRUCTION DETAILSC-7.2SITE CONSTRUCTION DETAILSC-7.3SITE CONSTRUCTION DETAILSC-7.4UTILITIES DETAILSC-7.5UTILITIES DETAILSC-7.6MAINTENANCE OF TRAFFICC-7.7MAINTENANCE OF TRAFFIC(1) 6.2 FT. (MIN) - 7.5 FT. (MAX)(1) 8.3 FT. (MIN) - 16.9 FT. (MAX)(1) 13.8 FT. (MIN) - 17.1 FT. (MAX)10 FT. (MIN) - 3 FT. (MAX)(1) SEE FLEXIBLE STANDARD DEVELOPMENT APPLICATION114,549 S.F.30.7% LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-2.1GENERAL NOTES, SYMBOLS & ABBREVIATIONS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 GATE VALVESANITARY SEWER MANHOLECLEANOUTGRATE INLETWATER METERBLOW-OFF VALVEFIRE HYDRANT ASSEMBLYGREASE TRAP / OIL SEPARATORSURFACE FLOW ARROWDOUBLE DETECTOR CHECK VALVE ASSEMBLYFIRE DEPARTMENT CONNECTIONPROPOSEDWOOD FENCEEXISTINGDESCRIPTIONPROPERTY LINECENTER LINEEDGE OF PAVEMENTLOT LINEPOND TOP OF BANKRIGHT OF WAY LINESTORM SEWER LINESECTION LINEELECTRIC LINECABLE TV LINEOVERHEAD POWER LINECURB INLETCONCRETE UTILITY POLELIGHT POLESIGNAGEWHEEL STOPGUIDE WIREFLARED END SECTIONMITERED END SECTIONWOOD UTILITY POLEHANDICAP SPACETRAFFIC MARKINGSBOLLARDFORCE MAIN LINEPOTABLE WATER LINESANITARY SEWER LINEFIRE LINERECLAIMED WATER LINEUNDERGROUND POWER LINEEASEMENT LINEWETLAND LINEFLOOD ZONE LINEBASIN LINERIDGE LINEGAS LINETELEPHONE LINEIRRIGATION WATER LINE[][][][][][][][][][][]SILT FENCEN/AN/AL I N E T Y P E SFIBER OPTIC LINESTANDARD SYMBOLSFHAG.V.C.O.SANITA RY FDCCHAIN LINK FENCEOOOOOOXXXXBARB WIRE FENCEXXXXXXXOOOOWALLMETER AND BACK FLOW PREVENTORSTORM SEWER MANHOLEPROPOSEDEXISTINGDESCRIPTIONSDWWMRECLAIMED METERRRMEX. C.O.EX.FHAEX. FDCEX. G.V.7575CONTOUR LEVELR.LR.LEX. STEX. CATVEX. FOEX. TELEX. ELEEX. UGPEX. RECEX. IRREX. FIREEX. WMEX. FMEX. GASEX. OHPEX. SANSTCATVFOTELELEOHPUGPRECIRRFIREWMSANFMGASFLOODFLOODJDJDJDJDJDWETWETWETWETWM & BFPDDCVAPOUNDS PER SQUARE INCHKSIKIPKVTHOUSAND POUNDS (FORCE)KIPS PER SQUARE INCHKILOVOLTHORSE POWERININCHHPHRHOURPSIYRYEARCUBIC FOOT PER SECONDCFSFPSFEET PER SECONDOZOUNCEMPHMILES PER HOURMIMILEACREACSQ FT or SFSQ YD OR SYSQ IN or SISQUARE INCHSQUARE YARDSQUARE FOOTSECSECONDUNITS OF MEASUREVERTICAL FOOTTHOUSAND GALLONSDAYSDALUMP SUMLINEAR FOOTLSLFLBGAFTPOUNDGALLONFOOTVFTONTNCUBIC YARDBSHCYCFBABUSHELCUBIC FOOTBARRELMGREDUCED PRESSURE ZONERPZTAP AND VALVET&VTOP OF PIPETOPSTRUCTURESTMASSMBACK FLOW PREVENTERBFPFIRE DEPARTMENT CONNECTIONFDCTOP OF WALLT/WFORCE MAINFMGUTTER INLETGIYARD INLETYILRFDLOAD RESISTANCE FACTOR DESIGNLOAD FACTOR DESIGNLFDHS-20AASHTO NEW TRUCK MODEL FOR BRIDGE EVALUATIONDENSITYDENSNAVDNORTH AMERICA VERTICAL DATUM of 1988ACCELACCELERATION TRANSPORTATION OFFICIALSAASHTOAMERICAN ASSOCIATION OF STATE HIGHWAY ANDFIBER OPTIC CABLEFOTEMPORARY BLOW-OFFTBOASPHASPHALTU.D.UNDERDRAINHWYGUYBLVDRREMEOPA/CAIR CONDITIONERTOE OF SLOPETOP OF BANKTOSTOBCHAIN LINK FENCEWOOD PLANK FENCEINVERT ELEVATIONWPFCLFIEGUIDE WIREBOULEVARDRAILROADHIGHWAYELECTRIC METEREDGE OF PAVEMENTUS GEOLOGICAL SURVEYUSGSREINFORCED CONCRETE PIPEROCK BASE ASPHALTIC CONCRETEPEAK DISCHARGE or FLOW VOLUME (CFS)PROPERTY LINECORRUGATED POLYETHYLENE PIPECLEAR TRUNKCULVERTCTCULVCORRUGATED STEEL PIPECONCRETE PIPECONCRETECSPCPECPCONCINSTITUTE OF TRANSPORTATION ENGINEERSINTERMEDIATE METAL CONDUITITEJBJTIMCIDJUNCTION BOXJOINTINSIDE DIAMETERHTH/WGTTRHEADWALLHEIGHTGUTTERQRCPRBACPVCPOLYVINYL CHLORIDE PIPEPLXSECCROSS SECTIONWATER-CEMENT RATIOTANDUM SEMI TRAILER (60' WB)LARGE SEMI TRAILER (50' WB)INTERMEDIATE SEMI TRAILER (40' WB)WATER TABLEWB60WB50WB40WTWMW/CWATER MAINVOLVCPVOLUMEVITRIFIED CLAY PIPENATIONAL GEODETIC VERTICAL DATUM of 1929NOT AVALABLE or NOT APPLICABLEMAINTENANCE OF TRAFFICLIMEROCK BEARING RATIOLENGTHCONCRETE MONUMENTCORRUGATED ALUMINUM PIPEBARBED WIRE FENCEBURRIED TELEPHONE CABLE OR DUCTCORRUGATED METAL PIPE ARCHBITUMINOUS COATED CORRUGATED METAL PIPEAMERICAN SOCIETY FOR TESTING MATERIALSCORRUGATED METAL PIPECENTER LINECAST IRON PIPECLEANOUTCEMENTCMPACMPCMCLCIPCOCEMCONCRETE BOX CULVERTCURB AND GUTTERBUTTERFLYBEARINGCBCCAPC&GBTBWFBTFLYBRGBENCH MARKBITUMINOUSBOTTOMBULKHEADBASE LINEBITBLKHDBOTBMBLBACK OF CURBBOCBCCMPASTMFEDERAL HIGHWAY ADMINISTRATIONFLORIDA ADMINISTRATIVE CODEGIPGMGDGUTTER DRAINGALVANIZED IRON PIPEGAS MAINFESFHWAFHAFDNFACFCFFEFLARED END SECTIONFIRE HYDRANT ASSEMBLYFOUNDATIONFRICTION COURSEFINISHED FLOOR ELEVATIONPAVTPAVEMENTOHPNTSODNHWNOT TO SCALEOUTSIDE DIAMETEROVERHEAD POWERNORMAL HIGH WATEREXCAVESMTEMULEXCAVATIONEASEMENTEMULSIFIEDELEMBKERCPDDCVAEMBANKMENTELLIPTICAL REINFORCED CONCRETE PIPEELEVATIONDOUBLE DETECTOR CHECK VALVE ASSEMBLYNA or N/ANGVDMTDNMOTMSLMPMOUNTEDMEAN SEA LEVELMILE POSTNORTHMONMHMHWMESMONUMENTMITERED END SECTIONMEAN HIGH WATERMANHOLEACRYLONITRITE-BUTADIENE-STYRENE PIPEASPHALTIC CONCRETEASPH CONCASPHALT BASE COURSEABSABCDESIGN LOW WATERDIADIPDHWDLWDTDIDECELDDDUCTILE IRON PIPEDESIGN HIGH WATERDROP INLETDIAMETERDITCHDECELERATIONDRY DENSITYDBIDADITCH BOTTOM INLETDRAINAGE AREALBRLTEMPORARY CONCRETE BARRIERTEMPORARY CONSTRUCTION EASEMENTTEMPORARY BENCH MARKUGTYPUNDERGROUNDTYPICALTCPTELTCBTCETBMTERRA COTTA PIPETELEPHONESEASONAL HIGH WATERSUBSSUBGRSUBSOILSUBGRADESHLDRSHWSHOULDERSAND-CLAY SURFACE TREATMENTSAND BITUMINOUS ROAD MIXSHELL BASE ASPHALTIC CONCRETESAND-ASPHALT HOT MIXSCSTSBRMSBACSAHMSANR/WRIGHT OF WAYSANITARY SEWERREQREQUIREDABBREVIATIONSWQTWATER QUALITY TREATMENTMETERMLPEX. LPEX. WMEX. RMEX. WM & BFPEX. DDCVAGENERAL CONSTRUCTION NOTES1. THESE DRAWINGS SHALL NOT BE UTILIZED FOR CONSTRUCTION PRIOR TO OBTAIN THE PERMITS FROM THE CITY/COUNTY ANDOTHER GOVERNMENTAL AND REGULATORY AGENCIES HAVING JURISDICTION OVER THE PROJECT. THE CONTRACTOR SHALL ASSURETHAT CONSTRUCTION IS IN ACCORDANCE WITH THE APPROVED DRAWINGS.2. THE CONTRACTOR SHALL READ AND UNDERSTAND THE PERMIT AND INSPECTION REQUIREMENTS SPECIFIED BY THE VARIOUSGOVERNMENTAL AND REGULATORY AGENCIES, THE ENGINEER, AND THE ARCHITECT. THE CONTRACTOR SHALL OBTAIN ALLNECESSARY PERMITS PRIOR TO CONSTRUCTION, AND SCHEDULE ANY NECESSARY INSPECTIONS ACCORDING TO AGENCYINSTRUCTIONS.3. UNLESS OTHERWISE SPECIFIED, ALL WORK PERFORMED SHALL COMPLY WITH THE ORDINANCES AND REGULATIONS OF THEGOVERNMENTAL AND REGULATORY AGENCIES HAVING JURISDICTION OVER THE PROJECT. ALL CONSTRUCTION MATERIALS, MEANS,METHODS, PROCEDURES AND TECHNIQUES SHALL CONFORM TO CITY/COUNTY CONSTRUCTION STANDARDS, FDOT "STANDARDS FORDESIGN, CONSTRUCTION, MAINTENANCE AND UTILITY OPERATIONS ON THE STATE HIGHWAY SYSTEM" AND FDOT "SPECIFICATIONS FORROAD AND BRIDGE CONSTRUCTION" LATEST EDITION.4. THE INFORMATION PROVIDED IN THESE CONSTRUCTION DOCUMENTS IS SOLELY TO ASSIST THE CONTRACTOR IN ASSESSING ANDEVALUATING THE NATURE AND EXTENT OF THE CONDITIONS WHICH MAY BE ENCOUNTERED DURING THE COURSE OF WORK. ALLCONTRACTORS ARE DIRECTED, PRIOR TO BIDDING, TO CONDUCT ANY OR ALL INVESTIGATIONS AS DEEMED NECESSARY TO ARRIVE ATTHEIR OWN CONCLUSIONS REGARDING THE ACTUAL CONDITIONS THAT MAY BE ENCOUNTERED, AND UPON WHICH THEIR BIDS WILL BEBASED.5. THE CONTRACTOR SHALL BE RESPONSIBLE TO PERFORM A SITE RECONNAISSANCE PRIOR TO BIDDING THE WORK AND CONDUCTSTUDIES, TESTS AND SURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWN DETERMINATION AS TO THE ACTUAL SURFACE ANDSUBSURFACE CONDITIONS EXISTING AT THE SITE. ACTUAL CONDITIONS THAT DIFFER FROM THOSE SHOWN ON THE CONSTRUCTIONDOCUMENTS SHALL NOT CONSTITUTE GROUNDS FOR AMENDMENTS TO THE CONTRACT PRICE.6. IMMEDIATELY UPON MOBILIZING TO THE SITE, THE CONTRACTOR (ACCOMPANIED BY THE OWNER AND ARCHITECT) SHALL PERFORMA SURVEY OF THE ENTIRE PROJECT AREA. THE CONTRACTOR SHALL SURVEY IN DETAIL USING WRITTEN AND PHOTOGRAPHIC MEANS,BUILDING(S) AND SITE AREAS THAT ARE NOT IN A FIRST CLASS CONDITION (SURFACES THAT ARE UNBROKEN, NON-CRACKED,NON-RUSTING, WITHOUT CHIPS, WITHOUT SPLINTERS, OF TEXTURE MATCHING ITS SURROUNDING, WITH NEW APPEARING FINISHES,AND OPERATING AS ORIGINALLY DESIGNED OR INTENDED TO OPERATE) SPECIALLY THOSE THAT WILL REMAIN IN THEIR EXISITNGCONDITION AT THE END OF PROJECT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING TO THE OWNER A COMPLETEPROJECT IN FIRST CLASS CONDITION, MEETING INDUSTRY WIDE STANDARDS IN QUALITY AND PERFORMANCE (REGARDLESS OFWHETHER AN AREA IS SPECIFICALLY IDENTIFIED WITHIN THE DRAWINGS AND SPECIFICATIONS OR NOT) UNLESS A PARTICULAR AREAHAS BEEN DESCRIBED IN THE WRITTEN AND PHOTOGRAPHIC DETAILS. SHOULD DURING THE COURSE OF THE WORK, ANY AREA OF THEBUILDING(S) AND/OR UTILITIES AND/OR THE SITE BECOME DAMAGED AND THAT AREA WAS NOT SPECIFICALLY CALLED OUT TO BE APART OF THE CONSTRUCTION, THE CONTRACTOR SHALL REPAIR AND/OR REPLACE THE DAMAGED AREA TO THE SATISFACTION OF THEARCHITECT AND OWNER AT NO ADDITIONAL COST.7. WHEN NECESSARY, THE CONTRACTOR SHALL COORDINATE AND SCHEDULE CONSTRUCTION ACTIVITIES WITH OTHER CONTRACTORSAND UTILITY COMPANIES (E.G., POWER, TELEPHONE, CABLE, GAS, ETC.). IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAINTHE REQUIRED PERMITS TO PERFORM WORK WITHIN PUBLIC EASEMENTS AND RIGHT-OF-WAY AND ENSURE THAT ALL PERMITS AREAPPROVED PRIOR TO CONSTRUCTION.8. THE CONTRACTOR SHALL USE THE BENCHMARK ELEVATION NOTED IN THE BOUNDARY AND TOPOGRAPHIC SURVEY TO REFERENCEALL TEMPORARY BENCHMARKS, BASE LINES, GRADE POINTS AND PROPERTY MONUMENTS. IT IS THE RESPONSIBILITY OF THECONTRACTOR TO REESTABLISH, IN THEIR ORIGINAL STATE, THE PROPERTY MONUMENTS DISTURBED OR DAMAGED DURINGCONSTRUCTION. THE CONTRACTOR IS FULLY RESPONSIBLE TO VERIFY AND CORRELATE IN THE FIELD ALL BASE LINES, ELEVATIONS,AND DIMENSIONS SHOWN IN THESE PLANS, AND REPORT TO THE ENGINEER IN WRITING ANY ERROR, OMISSION, OR DISCREPANCYBEFORE PERFORMING ANY WORK.9. THE CONTRACTOR SHALL BE RESPONSIBLE TO LOCATE AND MAKE ADJUSTMENTS OF ANY CONFLICT SHOWN OR NOT SHOWN INTHESE PLANS WITH OTHER EXISTING SITE IMPROVEMENTS. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IN WRITING OF ANYCONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN THE CONFLICTING AREA.10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE STAKE-OUT OF THE PROJECT SUCH AS BASE LINES, GRADES,SLOPES, UTILITY RELOCATIONS, OR ANY OTHER STAKE-OUT THAT MAY BE REQUIRED TO COMPLETE THE PROJECT IN ACCORDANCEWITH THE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS. ANY AND ALL EXPENSES INCURRED FOR THIS WORK SHALL BEINCLUDED IN THE CONTRACT PRICE. ACTUAL CONDITIONS THAT DIFFER FROM THOSE SHOWN IN THESE PLANS SHALL NOT CONSTITUTEGROUNDS FOR AMENDMENTS TO THE CONTRACT PRICE.11. THE CONTRACTOR SHALL NOT COMMENCE THE CONSTRUCTION OF POTABLE WATER AND/OR SANITARY SEWER SYSTEMS PRIORTO OBTAIN THE PERMIT(S) FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. IT IS THE RESPONSIBILITY OF THECONTRACTOR TO OBTAIN FROM THE OWNER OR THE ENGINEER A COPY OF ALL PERTINENT PERMITS RELATED TO THIS PROJECT ANDREVIEW THEM TO ASSURE THAT ALL CONDITIONS DESCRIBED ON THE PERMITS ARE IN COMPLIANCE.12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SCHEDULING AND COORDINATION OF THE UNDERGROUND WORKASSOCIATED WITH THIS PROJECT. IT WILL BE NECESSARY TO IDENTIFY, EXAMINE, COORDINATE AND/OR ADJUST ACCORDINGLY THEPROPOSED LOCATIONS OF THE VARIOUS COMPONENTS OF THE UTILITIES. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO SUBMITDRAWINGS SHOWING ADJUSTED PIPE SIZES, STRUCTURES, AND ELEVATIONS.13. THE CONTRACTOR SHALL COORDINATE THE POINTS OF CONNECTIONS OF UTILITIES WITH DIFFERENT SUBCONTRACTORS. THE SITECONTRACTOR SHALL BRING THE UNDERGROUND INFRASTRUCTURES (I.E. SANITARY SEWER, STORM SEWER, WATER LINES, FIRE LINES,ETC.) TO 5 FEET OUTSIDE THE BUILDING(S). THE PLUMBING CONTRACTOR SHALL CONNECT AND MEET THE INVERT ELEVATIONS OFSAID UTILITIES. ANY UTILITY WORK PERFORMED WITHIN 5' OF THE BUILDING SHALL BE THE RESPONSIBILITY OF THE PLUMBINGCONTRACTOR. ALL WORK SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL CODE OF ORDINANCE REQUIREMENTS.14. TOPOGRAPHIC SURVEY AND LEGAL DESCRIPTIONS WERE PREPARED BY OTHERS AND ARE SHOWN HEREIN FOR INFORMATIONPURPOSES ONLY. THE ENGINEER ASSUME NO RESPONSIBILITY FOR THEIR PREPARATION, COMPLETENESS NOR ACCURACY AND THECONTRACTOR IS FULLY RESPONSIBLE WHEN USING SAID INFORMATION. PROPOSED LOCATIONS, ELEVATIONS, AND DIMENSIONS OFSTRUCTURES AND OTHER SITE FEATURES ARE SHOWN IN ACCORDANCE TO THE SURVEY INFORMATION PROVIDED TO THE ENGINEERAT THE TIME OF THE PREPARATION OF THESE PLANS. THE CONTRACTOR SHALL VERIFY THE LOCATIONS, ELEVATIONS ANDDIMENSIONS OF ALL EXISTING UTILITIES, STRUCTURES AND OTHER FEATURES AFFECTING THIS WORK PRIOR TO CONSTRUCTION.15. GEOTECHNICAL INVESTIGATION AND RECOMMENDATIONS WERE PREPARED BY OTHERS AND ARE USED SOLELY TO ASSISTCONTRACTORS IN ASSESSING THE NATURE AND EXTENT OF TESTING AND STUDIES REQUIRED TO MAKE THEIR OWN DETERMINATIONAS TO THE ACTUAL SURFACE AND SUBSURFACE CONDITIONS EXISTING AT THE SITE. NO REPRESENTATION IS MADE OR GIVENCONCERNING THE ACTUAL SURFACE AND SUBSURFACE CONDITIONS WHICH MAY BE ENCOUNTERED DURING THE COURSE OF WORKAND CONTRACTORS ARE FULLY RESPONSIBLE WHEN USING SAID INFORMATION. ALL CONTRACTORS ARE DIRECTED, PRIOR TOBIDDING, TO CONDUCT ANY OR ALL INVESTIGATIONS THEY MAY DEEM NECESSARY TO ARRIVE AT THEIR OWN CONCLUSIONSREGARDING THE ACTUAL CONDITIONS THAT MAY BE ENCOUNTERED, AND UPON WHICH THEIR BIDS WILL BE BASED.16. THE EXISTING UNDERGROUND UTILITY LINES SHOWN HEREON WERE TAKEN FROM DOCUMENTS FURNISHED BY OTHERS AND NOTFIELD VERIFIED. THE CONTRACTOR MUST USE SAID INFORMATION ONLY AS A GUIDE TO THE SUGGESTED LOCATION OFUNDERGROUND UTILITY SERVICES, INCLUDING BUT NOT LIMITED TO: POTABLE WATER LINES, SANITARY SEWER, STORM SEWER, GASLINES, ELECTRICAL POWER, RECLAIMED WATER LINES, IRRIGATION LINES, TELEVISION CABLES, FIBER OPTIC CABLES, TELEPHONECABLES, ALARM SYSTEM CABLES, SECURITY WIRING, SITE UNDERGROUND MECHANICAL, CONTROL SYSTEMS WIRING, SYSTEMSINCLUDING INSULATION, ETC. THE ENGINEER CANNOT GUARANTEE THE ACCURACY OF THE EXISTING UNDERGROUND UTILITY LINESNOR THAT ALL ARE SHOWN HEREON. THE CONTRACTOR SHALL DETERMINE THE SPECIFIC LOCATION AND CAREFULLY EXPOSE ALLUNDERGROUND UTILITY LINES IN COORDINATION WITH OWNER(S) TO THEIR SATISFACTION AND MAKE ADJUSTMENTS TO SAME IN THEEVENT THERE ARE CONFLICTS WITH NEW CONSTRUCTION. THE CONTRACTOR SHALL REPLACE OR REPAIR, PER SPECIFICATIONS, ANYAND ALL DAMAGED UNDERGROUND UTILITY SERVICES AS LISTED ABOVE AT NO ADDITIONAL COST.17. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY ENVIRONMENTAL PROTECTION AGENCY PERMITTING WHENREQUIRED.18. THE CONTRACTOR SHALL BE RESPONSIBLE FOR GETTING A DEWATERING PLAN APPROVED BY THE WATER MANAGEMENT DISTRICTWHEN REQUIRED.19. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING, REPAIRING AND/OR REINSTALLING DAMAGED OR DISTURBEDEXISTING IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO, SIDEWALKS, DUMPSTER PADS, FENCES, HAND RAILS, GATE VALVES,CLEANOUTS, FIRE HYDRANTS, FIRE DEPARTMENT CONNECTIONS, ELECTRICAL, CABLE AND TELEPHONE BOXES, ELEVATED POWER ANDTELEPHONE LINES, WATER, SANITARY, GAS AND STORMWATER PIPELINES, UNDERGROUND POWER, TELEPHONE AND CABLE LINES,IRRIGATION SYSTEMS AND CONTROLS, ETC.20. THE CONTRACTOR SHALL LOCATE PROPERTY LINES AS REQUIRED TO AVOID ENCROACHMENT INTO ADJACENT PROPERTY. IT IS THERESPONSIBILITY OF THE CONTRACTOR TO COORDINATE WITH THE OWNER CONCERNING LIMITS OF CONSTRUCTION, TRANSITIONS,PHASES, ETC. WHICH MAY NOT BE SHOWN ON THESE PLANS.21. THE CONTRACTOR SHALL RESTORE TO A CONDITION EQUAL TO OR BETTER THAN THE EXISTING, UNLESS SPECIFICALLY EXEMPTEDBY THE PLANS, ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THE WORK. ADDITIONAL COSTS ARE INCIDENTAL AND NO EXTRACOMPENSATION IS TO BE ALLOWED.22. ALL UNDERGROUND UTILITIES MUST BE IN PLACE AND TESTED OR INSPECTED PRIOR TO SUBGRADE STABILIZATION, BASE ANDPAVEMENT CONSTRUCTION.23. ADJUSTMENTS OF WATER VALVES, WATER METERS, SANITARY MANHOLE TOPS, INLETS, JUNCTION BOX TOPS, ETC. SHALL BEINCLUDED IN THE CONTRACTOR'S BID AND NO CLAIM SHALL BE MADE AGAINST THE OWNER OR THE ENGINEER FOR THESEADJUSTMENTS.24. THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS TO THE OWNER FOR APPROVAL ON ALL PRECAST AND MANUFACTURED ITEMSFOR THIS PROJECT. FAILURE TO OBTAIN APPROVAL BEFORE MANUFACTURE AND INSTALLATION MAY RESULT IN REMOVAL ANDREPLACEMENT AT THE CONTRACTOR'S EXPENSE.25. THE CONTRACTOR SHALL NOTIFY THE UTILITY INSPECTORS 5 DAYS BEFORE CONNECTING TO ANY UTILITY LINE. IT IS THERESPONSIBILITY OF THE CONTRACTOR TO SUBMIT TO THE APPROPRIATE AGENCIES AT LEAST THREE (3) WEEKS PRIOR TO START OFCONSTRUCTION ALL REQUIRED SHOP DRAWINGS, CONTRACTOR'S LEGAL INFORMATION, STARTING DATE, SCHEDULE, MANAGEMENTOF TRAFFIC PLAN AND OTHER PERTINENT INFORMATION REQUIRED. ANY WORK PERFORMED WITHOUT PRESENCE OF THE AGENCYINSPECTOR, MAY BE SUBJECT TO REMOVAL AND REPLACEMENT AT THE CONTRACTOR'S EXPENSE.26. THE CONTRACTOR SHALL EMPLOY THE SERVICES OF A FLORIDA REGISTERED PROFESSIONAL GEOTECHNICAL ENGINEER TOPERFORM ALL SITE CONSTRUCTION QUALITY ASSURANCE AND QUALITY CONTROL TESTING, AND THIS COST SHALL BE INCLUDED ASPART OF THE CONTRACT PRICE. IN LOCATIONS WHERE THE CONSTRUCTION TAKES PLACE WITHIN PUBLIC RIGHT-OF-WAY, ALLSAMPLING AND TESTING SHALL BE IN ACCORDANCE WITH FDOT AND LOCAL AGENCY REQUIREMENTS.27. THE CONTRACTOR SHALL FORWARD TO THE OWNER A COPY OF ALL COMPACTION AND ASPHALT MIX TEST RESULTS. THE TESTRESULTS SHALL BE CERTIFIED BY A MATERIAL/GEOTECHNICAL ENGINEER, IN WRITING, THAT ALL TESTING REQUIREMENTS, REQUIREDBY CITY/COUNTY AND/OR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AS WELL AS BY THE APPROVED CONSTRUCTIONPLANS, ARE SATISFIED.28. DEVIATIONS TO THESE PLANS AND SPECIFICATIONS WITHOUT CONSENT OF THE ENGINEER OR THE OWNER MAY BE A CAUSE FORTHE WORK TO BE UNACCEPTABLE. VALUE ENGINEERING SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER AND THE OWNER.29. THE CONTRACTOR SHALL PROVIDE CERTIFIED AS-BUILT DRAWINGS, SIGNED AND SEALED BY A PROFESSIONAL LAND SURVEYOR.THE AS-BUILT DRAWINGS SHALL INCLUDE, BUT NOT LIMITED TO, ACCURATE HORIZONTAL AND VERTICAL LOCATION OF DETENTION /RETENTION BASIN(S) INCLUDING TOP OF BANK, TOE OF SLOPE, BOTTOM OF POND AND SIDE SLOPES, CONTROL STRUCTURE(S),DIMENSION AND INVERT ELEVATION OF WEIR, ORIFICE AND SKIMMER, INLET AND MANHOLE SIZES AND STORM PIPE INVERTELEVATIONS, SIZE AND LOCATIONS OF ALL UTILITIES INCLUDING SANITARY SEWER AND WATER PIPES AND FITTINGS, STORM ANDSANITARY SEWER SLOPES, CONCRETE PADS, SIDEWALKS, FINISHED FLOOR ELEVATION(S), GRADE BREAKS, ETC. THE CONTRACTORSHALL PROVIDE FIVE COPIES OF THE CERTIFIED AS-BUILT DRAWINGS TO THE ENGINEER. THE AS-BUILT DRAWING SHALL BESUFFICIENT IN DETAIL TO BE ACCEPTABLE BY GOVERNMENTAL AND REGULATORY AGENCIES HAVING JURISDICTION ON THE PROJECT.30. CONTRACTOR SHALL PROVIDE SANITARY SEWER AND WATER MAIN SYSTEMS CERTIFIED AS-BUILT DRAWINGS INCLUDING SANITARYSEWER INFILTRATION / EXFILTRATION TEST RESULTS, WATER MAIN PRESSURE TEST RESULTS AND TWO (2) CONSECUTIVE DAYSBACTERIOLOGICAL SAMPLING RESULTS AT LEAST SIX (6) WEEKS PRIOR TO ANTICIPATED DATE OF CERTIFICATE OF COMPLETIONAPPLICATION.31. SIGN MONUMENTS, WALLS AND FENCES REQUIRE SEPARATE PERMIT APPLICATION(S). ANY DEVIATIONS SHALL RECEIVE WRITTENAPPROVAL FROM THE OWNER.32. WHEN NECESSARY, CONTRACTOR SHALL BE RESPONSIBLE FOR AN EASEMENT INSPECTION BY CITY/COUNTY ENGINEERINGDEPARTMENT PRIOR TO CONCRETE POUR OF FOOTER/SLAB. CONTRACTOR SHALL STAKE ALL PROPERTY CORNERS AND EASEMENTLINES PRIOR TO EASEMENT INSPECTION.33. ALL CONSTRUCTION SHALL COMPLY WITH THE LATEST EDITION OF THE FLORIDA FIRE PREVENTION CODE, WHICH INCLUDES THELATEST EDITIONS OF THE N.F.P.A. #1 FIRE PREVENTION CODE & 101 THE LIFE SAFETY CODE.34. THE CONTRACTOR SHALL MAINTAIN A COPY OF THE APPROVED PLANS AND PERMITS AT THE CONSTRUCTION SITE AT ALL TIMES.1. THESE CONSTRUCTION PLANS DO NOT INCLUDE THE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY IN ACCORDANCEWITH U.S. DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA). THE CONTRACTOR SHALL BEENTIRELY RESPONSIBLE FOR MEANS, METHODS, PROCEDURES AND TECHNIQUES OF CONSTRUCTION SAFETY.2. LABOR SAFETY REGULATIONS SHALL CONFORM TO THE PROVISIONS SET BY THE U.S. DEPARTMENT OF LABOR'S OCCUPATIONALSAFETY AND HEALTH ADMINISTRATION (OSHA).3. DURING CONSTRUCTION, ALL SAFETY CONTROLS AND REGULATIONS ARE TO BE ENFORCED. THE CONTRACTOR SHALL BERESPONSIBLE FOR THE SAFETY OF PEDESTRIANS AND WORKERS.4. THE MINIMUM STANDARDS IN "THE STATE OF FLORIDA, MANUAL ON TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET ANDHIGHWAY CONSTRUCTION, MAINTENANCE AND UTILITY OPERATIONS" SHALL BE FOLLOWED FOR THE DESIGN, INSTALLATION,MAINTENANCE AND REMOVAL OF ALL TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS NECESSARY TO PROTECT THEPEDESTRIANS AND WORKMEN FROM HAZARDS WITHIN THE PROJECT LIMITS.5. THE CONTRACTOR'S MAINTENANCE OF TRAFFIC PLAN SHALL BE SUBMITTED AND APPROVED BY APPLICABLE AGENCIES PRIOR TOSTART OF CONSTRUCTION.6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ITS EMPLOYEES AND SUB CONTRACTORS WITH ADEQUATEINFORMATION AND TRAINING TO ENSURE THAT THEY COMPLY WITH ALL APPLICABLE SAFETY REQUIREMENTS. CONTRACTOR SHALLREMAIN IN COMPLIANCE WITH ALL U.S. DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)REGULATIONS AS WELL AS THE ENVIRONMENTAL PROTECTION LAWS.7. THE CONTRACTOR PERFORMING TRENCH EXCAVATION, IN EXCESS OF 5' FEET IN DEPTH, SHALL CONFORM TO THE REQUIREMENTSOF THE U.S. DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) RULES AND REGULATIONS FOREXCAVATIONS SAFETY STANDARDS, 29 C.F.R., S.1926.650, SUBPART P, INCLUDING ALL SUBSEQUENT REVISIONS OR UPDATES TO THESTANDARDS AS ADOPTED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY (DLES).8. TO COMPLY WITH THE UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY ACT THE CONTRACTOR SHALL PROVIDE ATLEAST 48 HOURS NOTICE TO THE UTILITY COMPANIES, AFFILIATED OR NOT AFFILIATED TO THE "SUNSHINE STATE ONE CALL" OFFLORIDA CORPORATION, PRIOR TO CONSTRUCTION TO OBTAIN FIELD LOCATIONS AND/OR CLEARANCE OF EXISTING UNDERGROUNDUTILITIES.GENERAL SAFETY NOTES1. TO MINIMIZE CARBON FOOTPRINT, THE OWNER AND CONTRACTOR SHALL SELECT LOCAL MATERIALS FROM SUPPLIERS ANDMANUFACTURES WITHIN 500 MILES OF THE PROJECT SITE.2. TO REDUCE ENVIRONMENTAL IMPACT, THE OWNER AND CONTRACTOR SHALL USE SUSTAINABLE OR RECYCLED MATERIALS SUCH ASCRUSHED CONCRETE, RECYCLED AGGREGATE, RECLAIMED WOOD, ETC.3. TO MITIGATE ENVIRONMENTAL IMPACT, THE OWNER AND CONTRACTOR SHALL SEND ANY CONSTRUCTION DEBRIS PRODUCEDDURING DEMOLITION ACTIVITIES TO RECYCLING FACILITIES RATHER THAN LANDFILLS.4. TO MINIMIZE POTABLE WATER USAGE AND CONSERVE GROUNDWATER, THE OWNER AND CONTRACTOR SHOULD INSTALL WHENPOSSIBLE, UNDERGROUND CISTERNS TO HARVEST RAINWATER TO BE USED AS SUPPLEMENTAL WATER FOR NEEDS OTHER THANHUMAN CONSUMPTION.5. TO REDUCE POLLUTED STORMWATER LEAVING THE SITE AND TO MAXIMIZE ON-SITE STORMWATER RETENTION, THE OWNER ANDCONTRACTOR SHOULD USE WHEN POSSIBLE, PERMEABLE OR PERVIOUS PAVEMENT DESIGNED USING THE MIX-PROCESS METHODDEVELOPED IN FLORIDA.LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) NOTES LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-2.2SITE CONSTRUCTION NOTES & SPECIFICATIONS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 WASTEWATER COLLECTION1. ALL SANITARY SEWER WORK SHALL CONFORM WITH APPLICABLE AGENCY STANDARDS ANDSPECIFICATIONS.2. ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSEDUTILITIES.3. POINTS OF CONNECTION FOR THE SANITARY SEWER LINES SHALL BE COORDINATED WITH THEBUILDING PLUMBING PLANS. SANITARY SERVICE CONNECTION LOCATIONS SHOWN ON THESECONSTRUCTION DOCUMENTS ARE APPROXIMATE.4. PRIOR TO COMMENCING WORK WHICH REQUIRES CONNECTING NEW SANITARY SEWER LINESTO EXISTING LINES OR APPURTENANCES, THE CONTRACTOR SHALL VERIFY LOCATION ANDELEVATION OF ALL EXISTING UTILITIES NEAR THE POINT OF CONNECTION AND NOTIFY OWNER'SENGINEER OF ANY CONFLICTS OR DISCREPANCIES WITH DESIGN INFORMATION SHOWN IN THESEPLANS. CONTRACTOR SHALL NOTIFY ENGINEER AND THE APPLICABLE AGENCIES AT LEAST 48HOURS IN ADVANCE OF SCHEDULED WORK.5. SANITARY / STORM SEWERS, SANITARY / STORMWATER FORCE MAINS AND RECLAIMED WATERMAINS SHOULD ALWAYS CROSS UNDER WATER MAINS. EXISTING OR PROPOSED SANITARY /STORMWATER SEWERS, SANITARY / STORMWATER FORCE MAINS AND RECLAIMED WATER MAINSCROSSING NEW OR RELOCATED WATER MAINS SHALL BE LAID TO PROVIDE A MINIMUM VERTICALDISTANCE OF 12 INCHES EXCEPT FOR GRAVITY OR VACUUM-TYPE SANITARY SEWER AND STORMSEWER, THEN 6 INCHES IS THE MINIMUM SEPARATION AND 12 INCHES IS PREFERRED, BETWEENTHE INVERT OF THE WATER MAIN AND THE CROWN OF THE LOWER PIPE WHENEVER POSSIBLE.WHERE SANITARY / STORMWATER FORCE MAINS AND RECLAIMED WATER MAINS MUST CROSSWATER MAINS WITH LESS THAN 12 INCHES VERTICAL DISTANCE, BOTH THE SANITARY /STORMWATER FORCE MAINS AND RECLAIMED WATER MAINS, AND THE WATER MAINS SHALL BECONSTRUCTED OF DUCTILE IRON PIPE (DIP) AT THE CROSSING. (DIP IS NOT REQUIRED IF IT IS NOTAVAILABLE IN THE SIZE PROPOSED). SUFFICIENT LENGTHS OF DIP MUST BE USED TO PROVIDE AMINIMUM SEPARATION OF 10 FEET BETWEEN ANY TWO JOINTS. ALL JOINTS ON THE WATER MAINWITHIN 20 FEET OF THE CROSSING MUST BE LEAK FREE AND MECHANICALLY RESTRAINED. AMINIMUM VERTICAL CLEARANCE OF 6 INCHES MUST BE MAINTAINED AT THE CROSSING. ALLCROSSINGS SHALL BE ARRANGED SO THAT THE SANITARY / STORMWATER FORCE MAINS ANDRECLAIMED WATER MAINS PIPE JOINTS AND THE WATER MAIN PIPE JOINTS ARE EQUIDISTANTFROM THE POINT OF CROSSING (PIPES CENTERED ON THE CROSSING).6. A MINIMUM 6-FOOT, AND PREFERABLY 10-FOOT, HORIZONTAL SEPARATION SHALL BEMAINTAINED BETWEEN ANY TYPE OF SEWER AND WATER MAIN IN PARALLEL INSTALLATIONSWHENEVER POSSIBLE. IN CASES WHERE IT IS NOT POSSIBLE TO MAINTAIN A 6-FOOT HORIZONTALSEPARATION, THE WATER MAIN MUST BE LAID IN A SEPARATE TRENCH OR ON AN UNDISTURBEDEARTH SHELF LOCATED ON ONE SIDE OF THE SEWER OR FORCE MAIN AT SUCH AN ELEVATIONTHAT THE BOTTOM OF THE WATER MAIN IS AT LEAST 6 INCHES ABOVE THE TOP OF THE SEWER.WHERE IT IS NOT POSSIBLE TO MAINTAIN A VERTICAL DISTANCE OF 6 INCHES IN PARALLELINSTALLATIONS, THE WATER MAIN SHALL BE CONSTRUCTED OF DIP AND THE SEWER OR THEFORCE MAIN SHALL BE CONSTRUCTED OF DIP (DIP IS NOT REQUIRED FOR WATER IF IT IS NOTAVAILABLE IN THE SIZE PROPOSED). THE WATER MAIN SHOULD ALWAYS BE ABOVE THE SEWER.JOINTS ON THE WATER MAIN SHALL BE LOCATED AS FAR APART AS POSSIBLE FROM THE JOINTSON THE SEWER OR FORCE MAIN (STAGGERED JOINTS).7. ALL SANITARY SEWER MAINS, LATERALS AND FORCE MAINS SHALL HAVE A MINIMUM OF 36INCHES OF COVER, UNLESS OTHERWISE INDICATED IN THE CONSTRUCTION DRAWINGS.8. ALL SANITARY SEWER COVERS SHALL BE TRAFFIC RATED FOR AASHTO HS-20 TRUCK LOADING.9. ALL SANITARY SEWER MAINS AND SERVICE LATERALS SHALL BE CONSTRUCTED OF POLYVINYLCHLORIDE (PVC) PIPE S.D.R. 26, UNLESS OTHERWISE INDICATED IN THE CONSTRUCTIONDRAWINGS. ALL SANITARY SEWER PIPES SHALL BE GREEN COLOR.10. POLYVINYL CHLORIDE PIPE AND FITTINGS SHALL CONFORM WITH A.S.T.M. SPECIFICATIONSD-3034 FOR S.D.R. 26. INSTALLATION SHALL BE IN STRICT ACCORDANCE TO ASTM D2321SPECIFICATIONS AND CONFORM TO CITY / COUNTY CONTRACT SPECIFICATIONS AND STANDARDS.11. ALL DUCTILE IRON PIPE SHALL BE CLASS 52 IN ACCORDANCE TO ANSI A 21.50 (AWWA C 150)AND ANSI A 21.51 (AWWA C 151).12. ALL ON SITE DUCTILE IRON PIPE SHALL RECEIVE INTERIOR AND EXTERIOR BITUMINOUSCOATING IN ACCORDANCE WITH ANSI A 21.6, A 21.8, OR A 21.51. DUCTILE IRON PIPE AND FITTINGSFOR GRAVITY SEWER SHALL CONFORM TO CITY / COUNTY CONTRACT SPECIFICATIONS ANDSTANDARDS.13. AT LEAST 3 WEEKS PRIOR TO CONNECTION TO THE EXISTING SANITARY FORCE MAIN,CONTRACTOR SHALL NOTIFY THE ENGINEER AND THE APPLICABLE AGENCIES, DEPARTMENT OFSANITARY SEWERS FIELD ENGINEERING OFFICE AND SUPPLY THEM WITH CONNECTION DETAIL,THE CONTRACTOR'S NAME, STARTING DATE PROJECTED SCHEDULE AND OTHER INFORMATION ASREQUIRED. THE PUBLIC WORKS / FIELD ENGINEERING OFFICE SHOULD ALSO BE CONTACTED 5DAYS PRIOR TO CONSTRUCTION TO ENSURE AVAILABILITY OF INSPECTION PERSONNEL. ANYWORK PERFORMED PRIOR TO NOTIFYING FIELD ENGINEERING OR WITHOUT A DEPARTMENTINSPECTOR PRESENT MAY BE SUBJECT TO REMOVAL AND REPLACEMENT. THE CONTRACTORSHALL PERFORM AN INFILTRATION/EXFILTRATION TEST ON ALL GRAVITY SEWERS AND APRESSURE TEST ON ALL FORCE MAINS (AS APPLICABLE) IN ACCORDANCE TO APPLICABLEAGENCIES REGULATIONS. SAID TESTS ARE TO BE CERTIFIED BY THE ENGINEER OF RECORD ANDSUBMITTED TO THE APPLICABLE AGENCIES' DEPARTMENT OF SANITARY SEWERS FOR APPROVAL.THE SCHEDULING, COORDINATION AND NOTIFICATION TO ALL PARTIES IS THE CONTRACTOR'SRESPONSIBILITY.14. ONE OR MORE OF THE FOLLOWING CERTIFICATES / SHOP DRAWINGS, DEPENDING ON THETYPE OF CONNECTION, WILL BE REQUIRED. THIS SHOULD BE REVIEWED WITH THE DESIGNDIVISION PRIOR TO APPROVAL FOR CONSTRUCTION AND SUBMITTED IN ACCORDANCE WITH THEABOVE NOTE 13.(1) DIP/PVC CERTIFICATE OF MANUFACTURE.(2) JACKING PIT DETAIL.(3) MANHOLE SHOP DRAWINGS AND STRENGTH REPORT.(4) CRUSHED STONE SUBMITTAL.(5) FRAME AND COVER SHOP DRAWINGS.(6) VALVE SHOP DRAWING.(7) FLEXIBLE COUPLING SHOP DRAWINGS.(8) MANHOLE DROP(9) CASING PIPE CERTIFICATE.(10) CONNECTION DETAIL.15. THE CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED UNTIL THE FOLLOWING HAS BEENCOMPLETED:(1) FINAL INSPECTION IN CONJUNCTION WITH DEPARTMENT PERSONNEL COMPLETED.(2) AS-BUILTS HAVE BEEN SUBMITTED AND ACCEPTED.(3) ALL NECESSARY TESTING COMPLETED AND CERTIFIED.(4) PAYMENT OF ALL CAPACITY FEES.16. THE CONTRACTOR SHALL PERFORM AT HIS OWN EXPENSE AN INFILTRATION OR EXFILTRATIONTEST, A TELEVISION INSPECTION, AND A MANDREL (GO, NO GO) TEST ON ALL GRAVITY SEWERS INACCORDANCE WITH THE ENGINEER'S REQUIREMENTS AND THE REGULATORY AGENCY HAVINGJURISDICTION OVER THE PROJECT. SAID TESTS ARE TO BE CERTIFIED BY THE ENGINEER OFRECORD AND SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL. COORDINATION OFTESTING AND NOTIFICATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY.17. ALL SANITARY SEWER PIPING SHALL BE SUBJECT TO A VISUAL INSPECTION BY THE OWNER'SENGINEER PRIOR TO THE PLACEMENT OF BACK FILL. CONTRACTOR TO NOTIFY THE ENGINEERAND APPLICABLE AGENCIES 5 DAYS IN ADVANCE TO SCHEDULE INSPECTIONS.18. ALL PVC SANITARY FORCE MAIN SHALL BE CONSTRUCTED BY AWWA C900, DR18, GREEN PVCPIPE WITH A MAGNETIC TAPE A MINIMUM OF 4" WIDE PLACE 18 INCH BELOW THE PROPOSEDGRADE. ALL WORK WITHIN PUBLIC RIGHT-OF-WAYS SHALL CONFORM WITH FDOT STANDARDS.THE LOCAL FDOT DISTRICT'S ENGINEER SHALL BE NOTIFIED 5 DAYS PRIOR TO STARTING WORKAND AGAIN IMMEDIATELY UPON COMPLETION.19. THE CONTRACTOR SHALL PERFORM AT HIS OWN EXPENSE A MANHOLE INSPECTION AND TESTFOR WATERTIGHTNESS OR DAMAGE PRIOR TO PLACING INTO SERVICE. ALL SANITARY SEWERMANHOLES TO BE CONSTRUCTED IN UNPAVED AREAS SHALL HAVE WATER TIGHT RING ANDCOVER.20. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING THE VARIOUS UTILITY AGENCIES ANDOBTAINING ALL INFORMATION AVAILABLE TO SHOW UTILITIES ADJACENT TO THE PROPOSEDFORCE MAIN.21. ALL MATERIALS SHALL MEET THE REQUIREMENTS OF THE GOVERNMENTAL AGENCY HAVINGJURISDICTION OVER THE PROECT.22. THE SANITARY SEWER COLLECTION SYSTEM SHALL NOT BE PLACED INTO SERVICE UNTILAPPROVAL FOR CONNECTION IS OBTAINED FROM THE DEPARTMENT OF ENVIRONMENTALPROTECTION THE CONTRACTOR SHALL SUBMIT TO THE OWNER'S ENGINEER SANITARY SEWERSYSTEM AS-BUILT INFORMATION AT LEAST SIX (6) WEEKS PRIOR TO ANTICIPATED DATE OFCERTIFICATE OF COMPLETION APPLICATION. FAILURE TO OBTAIN EPC APPROVAL PRIOR TOPLACING THE SYSTEM IN OPERATION MAY RESULT IN SUBSTANTIAL FINES.NOTES:3. TESTS SHALL BE LOCATED NO MORE THAN 500 FEET APART. THERE SHALL BE NO LESS THANONE (1) TEST PER 5,000 SF.4. MAXIMUM STRENGTH LIMITS, AS ESTABLISHED BY SOILS TESTING COMPANY, SHALL NOT BEEXCEEDED.5. APPLIES TO SITE CONCRETE SUCH AS CURBS, DRIVEWAYS, PADS AND SIDEWALKS.1. TESTS SHALL BE LOCATED NO MORE THAN 200 FEET APART. TESTS SHALL BE PERFORMED ON EACH LIFT. FIELDDENSITIES SHALL BE TAKEN OVER ALL ROAD CROSSINGS. FIELD DENSITIES FOR SANITARY LINES SHALL BESTAGGERED TO INCLUDE RESULTS OVER SERVICE LATERALS. THERE SHALL BE A MINIMUM OF ONE (1) TEST SERIESFOR EACH 6 INCHES OF LIFT OVER PIPELINE BETWEEN MANHOLES. TESTS AROUND STRUCTURES SHALL BESPIRALED IN 6 INCH LIFTS. TESTS AROUND BOX CULVERTS SHALL DONE ON BOTH SIDES EVERY LIFT.2. FOR FLEXIBLE PIPE (CORRUGATED STEEL OR ALUMINUM), 95% OF MAXIMUM DENSITY (AASHTO-T99) PER FDOTSUPPLEMENTAL SPECIFICATIONS SUB ARTICLE 125-8.3.2 AS MODIFIED.EARTHWORK NOTES1. IF EVIDENCE OF THE EXISTENCE OF HISTORIC RESOURCES IS DISCOVERED OR OBSERVED AT THE SITEOR DURING DEVELOPMENT ACTIVITIES AFTER FINAL APPROVAL, ALL WORK SHALL CEASE. THE DEVELOPER,OWNER, OR AGENT THEREOF SHALL NOTIFY THE DEPARTMENT OF HISTORICAL RESOURCES WITHIN 24HOURS. EXAMPLES OF EVIDENCE OF HISTORIC RESOURCES INCLUDE WHOLE OR FRAGMENTARY STONETOOLS, SHELL TOOLS, ABORIGINAL OR HISTORIC POTTERY, HISTORIC GLASS, HISTORIC BOTTLES, BONETOOLS, HISTORIC BUILDING FOUNDATIONS, SHELL MOUNDS, SHELL MIDDENS, OR SAND MOUNDS. THEDIRECTOR OF HISTORIC RESOURCES SHALL ASSESS THE SIGNIFICANCE OF THE FINDS AND MITIGATE ANYADVERSE EFFECTS AS SOON AS POSSIBLE, BUT NO LATER THAN THREE (3) WORKING DAYS OFNOTIFICATION. WORK ACTIVITIES CAN BE NORMALLY RESUMED EXCEPT IN THE AREA OF EFFECT ASDETERMINED BY THE DIRECTOR OF HISTORIC RESOURCES.2. TOP SOIL, ORGANIC SILTY SOILS WITH ROOTS AND ORGANIC MUCK MATERIALS SHALL BE REMOVEDWHEN ENCOUNTERED AT THE GROUND SURFACE AND IF NOT REMOVED DURING NORMAL CLEARING ANDGRUBBING OPERATIONS. OTHER ISOLATED AREAS OF ORGANIC MATERIAL OR DELETERIOUS MATERIALMAY EXIST WITHIN THE PROJECT SITE. IF ADDITIONAL UNSUITABLE MATERIALS ARE ENCOUNTERED DURINGCONSTRUCTION, THEY SHALL BE REMOVED AND REPLACED WITH CLEAN, SLIGHTLY SILTY OR SILTY FINESAND (A-3, A-2-4).3. EMBANKMENT CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH THE FDOT STANDARDSPECIFICATIONS. SITE PREPARATION SHALL BE PERFORMED IN ACCORDANCE WITH THE FDOT STANDARDPLANS INDEXES NO. 120-001 AND 120-002. EMBANKMENT FILL, WHERE REQUIRED, SHALL CONTAIN NO MUCK,STUMPS, ROOTS, OR OTHER DELETERIOUS MATERIAL AND SHALL BE PLACED IN ACCORDANCE WITH FDOTSTANDARD PLANS INDEX 120-001. THE BACKFILL SHALL BE SHAPED AND ADRESSED TO CONFORM TO THECROSS SECTIONS AND GRADES INDICATED ON THESE CONSTRUCTION DOCUMENTS WITHIN THETOLERANCES STATED IN THE FDOT STANDARD SPECIFICATIONS.4. PIPE BEDDING MATERIAL IN TRENCHES SHALL CONSIST OF CLEAN OR SLIGHTLY SILTY FINE SAND (A-3)WITH LESS THAN 10 PERCENT PASSING THE US STANDARD NO 200 SIEVE. THE MATERIAL SHALL BE FREE OFSTONES, GRAVEL, ORGANICS, VEGETATION AND OTHER DELETERIOUS MATERIAL, PLACED IN UNIFORMLIFTS NOT EXCEEDING SIX (6) INCHES THICK AND COMPACTED TO AT LEAST 95 PERCENT OF ITS MAXIMUMDENSITY PER ASTM D1557 / AASHTO T-180 (MODIFIED PROCTOR TEST). TRENCH BACK FILL MATERIAL SHALLCONSIST OF CLEAN, SLIGHTLY SILTY OR SILTY FINE SAND (A-3, A-2-4) WITH LESS THAN 35 PERCENTPASSING THE U.S. STANDARD NO. 200 SIEVE. ALL BACKFILL SHALL CONTAIN NO MORE THAN FIVE PERCENTORGANICS AS DETERMINED BY ASTMD-2974.5. PIPE BEDDING MATERIAL SHALL BE SOLIDLY TAMPED AROUND PIPES IN SIX (6) INCH ES THICK LAYERS UPTO A LEVEL OF AT LEAST ONE (1) FOOT ABOVE THE TOP OF THE PIPE. IN AREAS TO BE PAVED, PIPEBEDDING MATERIAL SHALL BE COMPACTED TO 98% MAXIMUM DENSITY PER ASTM D1557 / AASHTO T-180(MODIFIED PROCTOR TEST).6. BACKFILL MATERIAL OVER ANY PIPE (STORM SEWER, SANITARY SEWER, OR WATER MAINS) INSTALLEDUNDER ROADWAYS OR WITHIN THE EMBANKMENT OF THE ROADWAY SHALL BE COMPACTED INACCORDANCE WITH F.D.O.T. STANDARD SPECIFICATIONS FOR ROADWAY AND BRIDGE CONSTRUCTION,SECTION 125-8, LATEST EDITION.7. IF DURING CONSTRUCTION ACTIVITIES ANY EVIDENCE OF THE PRESENCE OF STATE AND/OR FEDERALLYPROTECTED PLANT AND/OR ANIMAL SPECIES OR THOSE LISTED AS THREATENED, ENDENGERED OR OFSPECIAL CONCERN IS DISCOVERED OR OBSERVED, WORK SHALL COME TO AN IMMEDIATE STOP AND THEDEVELOPER, OWNER, OR AGENT THEREOF SHALL NOTIFY THE FLORIDA FISH AND WILDLIFE CONSERVATIONCOMMISSION (FFWCC), THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND CITY / COUNTY AUTHORITIESWITHIN 24 HOURS OF THE PLANT AND/OR ANIMAL SPECIES FOUND ON THE SITE.14. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING APPLICABLE SOIL AND MATERIAL TESTING ANDSUBMITTING TEST RESULTS TO OWNER'S ENGINEER ON A WEEKLY BASIS. SOIL TESTS ARE REQUIRED PURSUANTWITH THE TESTING SCHEDULE REQUIRED BY THE GOVERNMENTAL AGENCY HAVING JURISDICTION OVER THIS SITE.UPON COMPLETION OF THIS WORK, THE CONTRACTOR SHALL SUBMIT TO THE OWNER CERTIFICATIONS SIGNED BYTHE MATERIAL / GEOTECHNICAL ENGINEER STATING THAT ALL SOIL AND MATERIAL REQUIREMENTS HAVE BEEN MET.15. A QUALIFIED TESTING LABORATORY SELECTED BY THE OWNER SHALL PERFORM ALL TESTING NECESSARY TOASSURE COMPLIANCE OF THE IN PLACE MATERIALS AS REQUIRED BY THESE CONSTRUCTION DOCUMENTS AND THEVARIOUS AGENCIES HAVING JURISDICTION OVER THIS SITE. SHOULD ANY RETESTING BE REQUIRED DUE TO THEFAILURE OF ANY TESTS TO MEET THE REQUIREMENTS, THE CONTRACTOR SHALL BEAR ALL COSTS OF SAIDRETESTING.16. MIXING IN PLACE OF SOIL CEMENT SHALL NOT BE ALLOWED.17. ALL CURB RAMPS SHALL BE CONSTRUCTED AND TEXTURED PER FDOT INDEX NO. 522-002. THE CONTRACTORSHALL FINISH ALL EXPOSED BACK OF CURB.18. PRIOR TO CONSTRUCTION OF CONCRETE PAVEMENT, THE CONTRACTOR SHALL SUBMIT A PROPOSED JOINTINGPATTERN TO THE ENGINEER FOR APPROVAL.19. ALL PAVEMENT MARKINGS IN THE RIGHT-OF-WAY SHALL BE MADE WITH PERMANENT THERMOPLASTIC ANDSHALL CONFORM TO F.D.O.T STANDARD PLANS INDEX NO. 711-001. PARKING STALL STRIPING SHALL BE 4" WIDESTRIPES PAINTED IN WHITE COLOR. YELLOW PAINT SHALL BE USED FOR NO PASSING, NO PARKING OR TODESIGNATE A FIRE LANE.20. THE CONTRACTOR SHALL INSTALL EXTRA BASE MATERIAL WHEN THE DISTANCE BETWEEN THE PAVEMENTSURFACE AND THE TOP OF THE PIPE OR BELL IS LESS THAN TWELVE (12) INCHES.21. ON-SITE PAVEMENT SHALL CONSIST OF 2" ASPHALT (TYPE SP-9.5) ON 6" CRUSHED PORTLAND CEMENTCONCRETE (150 LBR) BASE COMPACTED TO 98% OF MAXIMUM DENSITY FROM MODIFIED PROCTOR TEST OVER 12"STABILIZED SUBGRADE (40 LBR) COMPACTED TO 98% OF MAXIMUM DENSITY FROM MODIFIED PROCTOR TEST PERASTM D1557 / AASHTO T-180.22. CITY / COUNTY RIGHT-OF-WAY PAVEMENT SHALL CONSIST OF 3" ASPHALT (TYPE SP-12.5) ON 10" LIMEROCK (100LBR) OR CRUSHED PORTLAND CEMENT CONCRETE (150 LBR) BASE COMPACTED TO 100% OF MAXIMUM DENSITYFROM MODIFIED PROCTOR TEST OVER 12" STABILIZED SUBGRADE (40 LBR) COMPACTED TO 98% OF MAXIMUMDENSITY FROM MODIFIED PROCTOR TEST PER ASTM D1557 / AASHTO T-180, UNLESS OTHERWISE SPECIFIED.PAVING AND GRADING NOTES1. ALL DELETERIOUS SUBSURFACE MATERIAL (I.E. MUCK, PEAT, BURIED DEBRIS) SHALL BE EXCAVATED INACCORDANCE WITH THESE CONSTRUCTION DOCUMENTS OR AS DIRECTED BY THE OWNER, OR THE GEOTECHNICALENGINEER. DELETERIOUS MATERIAL SHALL BE STOCKPILED OR REMOVED FROM THE SITE AS DIRECTED BY THEOWNER. EXCAVATED AREAS SHALL BE BACK FILLED WITH APPROVED MATERIALS AND COMPACTED AS SHOWN ONTHESE CONSTRUCTION DOCUMENTS. CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRING ANY PERMITS THATARE NECESSARY FOR REMOVING DELETERIOUS MATERIAL FROM THE SITE.2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING EXCAVATIONS AGAINST COLLAPSE AND SHALLPROVIDE BRACING, SHEETING OR SHORING AS NECESSARY. DEWATERING METHODS SHALL BE USED AS REQUIREDTO KEEP TRENCHES DRY WHILE PIPE AND APPURTENANCES ARE BEING PLACED.3. ALL NECESSARY FILL AND EMBANKMENT MATERIAL THAT IS PLACED DURING CONSTRUCTION SHALL CONSIST OFMATERIAL SPECIFIED BY THE OWNER'S GEOTECHNICAL ENGINEER AND BE PLACED AND COMPACTED ACCORDINGTO THESE CONSTRUCTION DOCUMENTS OR THE REFERENCED GEOTECHNICAL INVESTIGATION REPORT. THECONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING THAT ALL CONSTRUCTION ACTIVITIES, WHICH INCLUDE BUTARE NOT LIMITED TO EARTHWORK ACTIVITIES, SUB GRADE PREPARATION, ETC. CONFORM WITH THEGEOTECHNICAL INVESTIGATION REPORT.4. PROPOSED PAD GRADES SHOWN ARE MINIMUM GRADES. ELEVATIONS OF ADJOINING LOTS, EXISTING TREES, ANDOTHER FIELD CONDITIONS MAY WARRANT LEAVING LOTS WHICH ARE HIGHER IN THEIR NATURAL STATE. THECONTRACTOR SHALL CONSULT WITH THE OWNER AND THE ENGINEER IN WRITING PRIOR TO GRADING ACTIVITIESWHEN THESE CONDITIONS EXIST.5. PROPOSED ELEVATIONS REPRESENT FINISHED PAVEMENT OR GROUND SURFACE GRADE UNLESS OTHERWISENOTED ON THESE CONSTRUCTION DOCUMENTS.6. ALL SLOPES STEEPER THAN 5:1 SHALL BE SODDED; ALL SLOPES STEEPER THAN 4:1 SHALL BE REINFORCED WITHSTAKED SOD.7. CONTRACTOR SHALL SAW CUT, TACK AND MATCH EXISTING PAVEMENT AT LOCATIONS WHERE NEW PAVEMENTMEETS EXISTING PAVEMENT.8. CURBING SHALL BE PLACED AT THE EDGE OF ALL PAVEMENT, AS SHOWN ON THESE CONSTRUCTIONDOCUMENTS.9. REFER TO THE LATEST EDITION OF F.D.O.T. "ROADWAY AND TRAFFIC STANDARD PLANS" FOR DETAILS ANDSPECIFICATIONS OF ALL F.D.O.T. TYPE CURBING AND GUTTERS CALLED FOR IN THESE CONSTRUCTION DOCUMENTS.10. CONTRACTOR SHALL PROVIDE A 1/2" BITUMINOUS EXPANSION JOINT WITH SEALER AT ABUTMENT OF CONCRETEAND ANY STRUCTURE. EXPANSION JOINT FILLER SHALL CONFORM TO THE SPECIFICATIONS OF ASTM D1751.11. CONTRACTOR SHALL PROVIDE EROSION CONTROL AND SEDIMENTATION BARRIER TO PREVENT SILTATION OFADJACENT PROPERTY, STREETS, STORM SEWERS AND WATERWAYS. IN ADDITION, CONTRACTOR SHALL PLACESTRAW, MULCH OR OTHER SUITABLE MATERIAL IN AREAS WHERE CONSTRUCTION RELATED TRAFFIC IS TO ENTERAND EXIT SITE. IF, IN THE OPINION OF THE ENGINEER AND/OR CITY / COUNTY AUTHORITIES, EXCESSIVE QUANTITIESOF EARTH ARE TRANSPORTED OFF-SITE EITHER BY NATURAL DRAINAGE OR BY VEHICULAR TRAFFIC, THECONTRACTOR SHALL REMOVE SAID EARTH TO THE SATISFACTION OF THE ENGINEER AND/OR CITY / COUNTYAUTHORITIES.12. IF WIND EROSION BECOMES SIGNIFICANT DURING CONSTRUCTION, THE CONTRACTOR SHALL STABILIZE THEAFFECTED AREA USING SPRINKLING, IRRIGATION OR OTHER ACCEPTABLE METHODS.13. THE CONTRACTOR SHALL STABILIZE BY SEED AND MULCH, SOD OR OTHER APPROVED MATERIALS AS REQUIREDANY DISTURBED AREAS WITHIN ONE WEEK FOLLOWING CONSTRUCTION OF THE UTILITY SYSTEMS AND PAVEMENTAREAS. CONTRACTOR SHALL MAINTAIN SUCH AREAS UNTIL FINAL ACCEPTANCE BY OWNER.DRAINAGE NOTES1. STANDARD INDEXES REFER TO THE LATEST EDITION OF F.D.O.T. "ROADWAY AND TRAFFIC STANDARD PLANS" FORDETAILS AND SPECIFICATIONS OF ALL F.D.O.T. TYPE INLETS AND OTHER DRAINAGE STRUCTURES CALLED FOR INTHESE CONSTRUCTION DOCUMENTS.2. ALL STORM SEWER PIPES SHALL BE REINFORCED CONCRETE CLASS III (ASTM C-76, ASTM C-507) UNLESSOTHERWISE NOTED ON PLANS. ALL DRAINAGE STRUCTURES SHALL BE IN ACCORDANCE WITH F.D.O.T. ROADWAYAND TRAFFIC STANDARD PLANS UNLESS OTHERWISE NOTED ON PLANS. SUBSTITUTION OF RCP WITH OTHERMATERIAL (PVC, HDPE, ADS, ETC.) SHALL NOT BE PERMITTED.3. PVC STORM PIPE, 12" AND SMALLER SHALL CONFORM TO AWWA C-900, CLASS 150 STANDARDS, UNLESSOTHERWISE NOTED ON PLANS.4. REINFORCED CONCRETE STORM SEWER PIPE JOINTS SHALL BE ROUND RUBBER GASKET (ASTM C-361) UNLESSOTHERWISE NOTED ON PLANS. ELLIPTICAL REINFORCED PIPE SHALL BE COLD ADHESIVE PERFORMED PLASTICGASKET IN ACCORDANCE WITH F.D.O.T. STANDARD 942-2. ALL STORMWATER PIPE JOINTS WILL BE WRAPPED PERF.D.O.T. INDEX NO. 430-001.5. PIPE LENGTHS SHOWN ARE APPROXIMATE AND TO CENTER OF DRAINAGE STRUCTURE WITH THE EXCEPTION OFMITERED END SECTIONS (MES) AND FLARED END SECTIONS (FES) WHICH ARE NOT INCLUDED IN LENGTHS.CONTRACTOR SHALL VERIFY ALL QUANTITIES IN SUBMITTAL OF BID, AND INFORM THE ENGINEER OF ANYDISCREPANCIES.6. ALL STORM DRAINAGE PIPING SHALL BE SUBJECT TO A VISUAL INSPECTION BY THE ENGINEER PRIOR TO THEPLACEMENT OF BACK FILL. CONTRACTOR SHALL NOTIFY THE ENGINEER AND APPLICABLE AGENCIES 72 HOURS INADVANCE TO SCHEDULE INSPECTIONS.7. THE CONTRACTOR SHALL MAINTAIN AND PROTECT FROM MUD, DIRT, DEBRIS, ETC. THE STORM DRAINAGESYSTEM UNTIL FINAL ACCEPTANCE OF THE PROJECT. THE CONTRACTOR MAY BE REQUIRED TO RECLEAN PIPES ANDINLETS FOR THESE PURPOSES.8. ALL INLETS WITHIN PAVEMENT AREAS ARE TO BE MODIFIED FOR TRAFFIC BEARING WITH HOT DIPPEDGALVANIZED STEEL GRATES AND FRAMES IN ACCORDANCE WITH FDOT SPECIFICATIONS. ALL DRAINAGESTRUCTURE GRATES AND COVERS TO BE TRAFFIC RATED FOR HS-20 AASHTO TRUCK LOADINGS.9. ALL MITERED END SECTIONS ON SIDE DRAIN PIPES AT DRIVEWAY ENTRANCES TO CITY/COUNTY/FDOT ROADWAYSMUST BE IN ACCORDANCE WITH F.D.O.T. INDEX NO. 430-022.10. FOR INLETS NOT IMMEDIATELY ADJACENT TO LOW POINT (C/L) OF ROADWAY CONTRACTOR TO ADJUST CROSSSLOPE IN THESE AREAS IN ACCORDANCE WITH ENGINEER'S DIRECTION.11. STORMWATER RUNOFF FROM THE ROOF(S) SHALL BE ROUTED THROUGH THE PROPOSED STORMWATERSYSTEM AND DIRECTED TOWARD DETENTION POND.CLEARING AND GRUBBING NOTES1. PRIOR TO SITE CLEARING AND GRUBBING, ALL TREES SHOWN TO REMAIN ON THE CONSTRUCTION PLANS SHALLBE PROTECTED IN ACCORDANCE WITH THE CITY / COUNTY TREE ORDINANCE AND DETAILS CONTAINED IN THESEPLANS. THE CONTRACTOR SHALL BE RESPONSIBLE TO KEEP THESE TREES IN GOOD CONDITION. NO TREES SHOWNTO REMAIN SHALL BE REMOVED WITHOUT WRITTEN APPROVAL FROM THE OWNER.2. THE CONTRACTOR SHALL CLEAR AND GRUB THE SITE PRIOR TO CONSTRUCTION IN ACCORDANCE, WITH THEGEOTECHNICAL INVESTIGATION REPORT. COPIES OF THE GEOTECHNICAL INVESTIGATION REPORT ARE AVAILABLETHROUGH THE OWNER. ANY QUESTION REGARDING SITE PREPARATION REQUIREMENTS DESCRIBED IN THEGEOTECHNICAL INVESTIGATION REPORT ARE TO BE DIRECTED TO THE GEOTECHNICAL ENGINEERING COMPANYTHAT PREPARE THE REPORT.3. THE CONTRACTOR SHALL CLEAR AND GRUB, ONLY THOSE AREAS OF THE SITE NEEDED FOR CONSTRUCTION.DISTURBED AREAS SHALL BE SEEDED, MULCHED, OR PLANTED WITH APPROVED LANDSCAPE MATERIALIMMEDIATELY AFTER CONSTRUCTION.4. UNLESS OTHERWISE DIRECTED, THE TOP 4" TO 6" OF SOIL REMOVED DURING CLEARING AND GRUBBING SHALL BESTOCKPILED AT A SITE DESIGNATED BY THE OWNER TO BE USED FOR LANDSCAPING PURPOSED.5. ONLY GRADING BY HAND IS PERMITTED WITHIN THE CANOPY / DRIP LINE OF TREES TO REMAIN.OPERATION AND MAINTENANCE OF STORMWATER SYSTEMAFTER COMPLETION OF THE PROJECT, THE OWNER SHALL BE RESPONSIBLE FOR THE OPERATION ANDMAINTENANCE OF THE STORMWATER FACILITIES. OPERATION AND MAINTENANCE OF THE STORMWATERSYTEM INCLUDES:1. THE DETENTION AREA, UNDER NO CIRCUMSTANCES, SHALL BE FILLED WITH ANY OTHER SUBSTANCETHAN STORMWATER. THE OWNER OR AGENT SHALL MAKE SURE, TO THE BEST OF HIS ABILITY, THATNOTHING ENTERS THE SYSTEM AND COULD DETERIORATE THE FUNCTIONING CAPABILITIES OF THEDETENTION AREA, (I.E. GASOLINE, OIL, GREASE, CHEMICALS, ETC.).2. ALL SODDED AREAS SHALL BE MOWED AND MAINTAINED PROPERLY.3. SWALES SHALL BE KEPT CLEAN AND FREE OF ANY OBSTRUCTIONS.4. CONTROL STRUCTURE(S) SHALL BE CHECKED MONTHLY FOR DAMAGE OR BLOCKAGE. ANYDAMAGEDSKIMER(S) SHALL BE REPLACED OR REPAIRED. ANY DEBRIS BLOCKING FULL FLOW THROUGH THE WEIR(S)AND/OR ORIFFICE(S) SHALL BE REMOVED.5. INLET GRATE(S) SHALL BE CHECKED MONTHLY FOR DAMAGE OR BLOCKAGE. ANY DAMAGED GRATE(S)SHALL BE REPLACED OR REPAIRED. ANY DEBRIS BLOCKING FULL FLOW THROUGH THE GRATE(S) SHALL BEREMOVED.6. PIPE(S) AND INLET(S) SHALL BE INSPECTED TWICE A YEARLY FOR DAMAGE OR BLOCKAGE. ANYDAMAGED PIPE(S) OR INLET(S) SHALL BE REPAIRED OR REPLACED. ANY TRASH, DEBRIS OR SANDDEPOSITS SHALL BE REMOVED. THE PIPE CONVEYANCE SYSTEM SHALL BE FLUSHED, AS DEEMEDNECESSARY NO LESS THAN TWICE A YEAR. ALL MATERIAL SHALL BE COLLECTED DOWNSTREAM ANDREMOVED.7. ALL POND SIDE SLOPES AND MAINTENANCE BERMS WILL BE PERIODICALLY MOWED AND CLEANED.DURING THE MOWING OPERATION THE PONDS SHALL BE INSPECTED FOR BARE SPOTS AND EROSIONDAMAGE. ANY BARE SPOTS GREATER THAN ONE SQUARE FOOT IN AREA WILL BE SEEDED OR SODDED TOREPLACE THE GRASS COVER. IN CASE OF EROSION OR DAMAGE WHERE UNDERLYING SOIL IS MISSING,THE MISSING SOIL WILL BE REPLACED AND THE AREA BROUGHT BACK TO GRADE WITH SEEDING ORSODDING AS REQUIRED. THE BOTTOM AND SIDE SLOPES OF THE POND SHALL BE INSPECTED REGULARLYTO ASSURE THAT EXCESS SILTATION OR EROSION HAS NOT OCCURRED. SILTATION AND EROSION IN THEPOND SHALL BE CONTROLLED TO ASSURE THAT THE STORAGE VOLUME IS NOT AFFECTED.8. IN THE EVENT THAT STORMWATER STAND IN THE POND MORE THAN 48 HOURS, RAKING AND/ORSCARIFICATION OF THE POND BOTTOM / SIDE SLOPES SHALL BE REQUIRED AS DEEMED NECESSARY TORESTORE THE PERCOLATION CHARACTERISTICS OF THE POND.9. CATTAILS, BULRUSHES, AND OTHER NUISANCE VEGETATION WILL BE CUT BACK FROM INLET OR OUTFALLSTRUCTURES, TO THE EXTENT NEEDED TO MAINTAIN DESIGN DISCHARGES. IN ADDITION, THE AREAIMMEDIATELY IN FRONT OF THE CONTROL STRUCTURE SHOULD BE CLEARED OF AQUATIC GROWTH ANDDEBRIS.10. GRASS CLIPPING AND OTHER VEGETATIVE DEBRIS SHALL BE REMOVED FROM THE AREA SURROUNDINGTHE POND AND LIMIT FERTILIZER USE AROUND THE POND AREA TO PREVENT NUTRIENT LOADING OF THEFACILITY.POTABLE WATER DISTRIBUTION1. ALL UTILITY WORK AND APPURTENANCES WITHIN THE PROPERTY BOUNDARY (I.E. FIREHYDRANT ASSEMBLIES, MANHOLES, FIRE DEPARTMENT CONNECTIONS, ETC) ARE TO CONFORMWITH APPLICABLE AGENCIES STANDARDS SPECIFICATIONS AND DETAILS.2. ALL WATER MAINS SHALL HAVE A MINIMUM 36" COVER.3. WATER PIPES SHALL BE AS FOLLOWS:3.1 PIPE SIZES 2 INCHES AND 3 INCHES THAT ARE INSTALLED BELOW GRADE AND OUTSIDEBUILDING SHALL COMPLY WITH:3.1.1 POLYVINYL CHLORIDE (PVC) MANUFACTURED IN ACCORDANCE WITH AWWASTANDARD C-900 (NSF APPROVED), PRESSURE CLASS 200, SDR 21,CONTINUALLY MARKED WITH MANUFACTURE'S NAME, PIPE SIZE, ASTM D4216 CELL CLASSIFICATION, COLORED BLUE AND ASTM D1784 MATERIAL CLASSIFICATION.A. PIPE JOINTS: INTEGRALLY MOLDED BELL ENDS, ASTM D2672.B. CEMENT PRIMER: ASTM F656.C. SOLVENT CEMENT: ASTM D2564.3.2 PIPE SIZES 4 INCHES THAT ARE INSTALLED BELOW GRADE AND OUTSIDE BUILDING SHALLCOMPLY WITH:3.2.1 POLYVINYL CHLORIDE (PVC) MANUFACTURED IN ACCORDANCE WITH AWWASTANDARD C-900 (NSF APPROVED), PRESSURE CLASS 235, DR 18, CONTINUALLYMARKED WITH MANUFACTURE'S NAME, PIPE SIZE, ASTM D4216 CELL CLASSIFICATION,SDR RATING, COLORED BLUE AND ASTM D1784 MATERIAL CLASSIFICATION.A. ELASTOMETRIC GASKET AND LUBRICANT: ASTM F477.B. PIPE JOINTS: INTEGRALLY MOLDED BELL ENDS, ASTM D2672.3.2.2 DUCTILE IRON PIPE PER AWWA C110, THICKNESS CLASS 50.A. FITTINGS: EITHER MECHANICAL JOINT OR PUSH -ON JOINT, AWWAC110 OR AWWA C111.B. ELASTOMETRIC GASKET AND LUBRICANT: ASTM F477.3.3 PIPE SIZES 6 INCHES AND LARGER THAT ARE INSTALLED BELOW GRADE AND OUTSIDEBUILDING SHALL COMPLY WITH:3.3.1 POLYVINYL CHLORIDE (PVC) MANUFACTURED IN ACCORDANCE WITH AWWASTANDARD C-900 (NSF APPROVED), PRESSURE CLASS 305, DR 14, CONTINUALLYMARKED WITH MANUFACTURE'S NAME, PIPE SIZE, ASTM D4216 CELL CLASSIFICATION,SDR RATING, COLORED BLUE AND ASTM D1784 MATERIAL CLASSIFICATION.A. ELASTOMETRIC GASKET AND LUBRICANT: ASTM F477.B. PIPE JOINTS: INTEGRALLY MOLDED BELL ENDS, ASTM D2672.3.3.2 DUCTILE IRON PIPE PER AWWA C110, THICKNESS CLASS 50.A. FITTINGS: EITHER MECHANICAL JOINT OR PUSH -ON JOINT, AWWAC110 OR AWWA C111.B. ELASTOMETRIC GASKET AND LUBRICANT: ASTM F477.4. ALL FIRE WATER PVC PIPE TO BE PRESSURE CLASS 305, DR 14.5. ALL DUCTILE IRON PIPE SHALL BE CLASS 50 IN ACCORDANCE WITH ANSI A 21.50 (AWWA C 150)AND ANSI A 21.51 (AWWA C 151). DUCTILE IRON PIPE SHALL RECEIVE EXTERIOR BITUMINOUSCOATING IN ACCORDANCE WITH ANSI A 21.6, A 21.8 OR A 21.51 AND SHALL BE MORTAR LINED,STANDARD THICKNESS, AND BITUMINOUS SEALED IN ACCORDANCE WITH ANSI A 21.4 (AWWA C104-71). IN AREAS WHERE THE SOIL IS DETERMINED TO BE CORROSIVE OR HIGH GROUND WATERIS EXPECTED, PIPE WILL BE INSTALLED IN A LOOSE POLYETHYLENE ENCASEMENT NOT LESS THAN8 MILS THICK AND INSTALLED IN ACCORDANCE WITH AMERICAN NATIONAL STANDARDS INSTITUTESPECIFICATION A21.5.6. ALL FITTINGS LARGER THAN 2" SHALL BE DUCTILE IRON CLASS 50 IN ACCORDANCE WITH AWWAC-110 WITH A PRESSURE RATING OF 350 PSI. JOINTS SHALL BE MECHANICAL JOINTS INACCORDANCE WITH AWWA C-111. FITTINGS SHALL BE CEMENT MORTAR LINED AND COATED INACCORDANCE WITH AWWA C-104.7. ALL GATE VALVES 2" OR LARGER SHALL BE RESILIENT SEAT OR RESILIENT WEDGE MEETING THEREQUIREMENTS OF AWWA C509.8. CONTRACTOR SHALL FURNISH AND INSTALL 4" METAL DETECTABLE IDENTIFICATION TAPEALONG THE FULL LENGTH OF THE PVC PIPE TRENCH 18 INCHES BELOW THE FINISHED GRADE.9. CONTRACTOR SHALL INSTALL A CONTINUOUS RUN OF AN INSULATED 12 GAUGE A.W.G. SOLIDSTRAND COPPER WIRE WOUND AROUND THE PIPE FORMING ONE COMPLETE SPIRAL PER JOINTOF PIPE. THIS WIRE SHALL BE CONTINUOUS WITH SPLICES MADE ONLY BY METHODS APPROVEDBY THE ENGINEER AND SECURED TO ALL VALVES, TEES AND ELBOWS.10. ALL FIRE HYDRANTS SHALL MEET THE REQUIREMENTS OF AWWA C502 AND SHALL BEAPPROVED BY THE CITY / COUNTY UTILITY DEPARTMENT AND FIRE MARSHALL.11. A SHOCK PAD IS TO BE INSTALLED OVER THE WATER MAIN WHENEVER THE DEPTH OF COVERIS LESS THAN THE MINIMUM 36".12. BENDS SHALL BE INSTALLED ON WATER MAIN, AS NECESSARY, TO MAINTAIN PROPERALIGNMENT. PIPE DEFLECTION SHALL BE IN ACCORDANCE WITH AWWA C-600, LATEST EDITION.13. RESTRAINT OF HORIZONTAL PVC PIPE FITTINGS SHALL BE IN ACCORDANCE WITH THEAPPROPRIATE RESTRAINT TABLES SHOWN HEREON IN THESE PLANS.14. PVC RESTRAINT FITTINGS SHALL BE EQUAL OR BETTER THAN UNIFLANGE 1350-C SERIES, EBAAIRON, INC. 1500 SERIES, OR JCM INDUSTRIES MODEL 620. ALL RESTRAINT FITTINGS SHALL HAVE ABITUMINOUS COATING.15. SERVICE SADDLES SHALL BE USED FOR TAPPING ALL PVC WATER MAINS. SADDLES SHALL BEEQUAL TO OR BETTER THAN FORD FC202 OR JCM 406. ALL TAPS SHALL BE PERFORMED USINGSHELL CUTTERS.16. ALL SUBSURFACE CONSTRUCTION SHALL COMPLY WITH THE "TRENCH SAFETY ACT." THECONTRACTOR SHALL INSURE THAT THE METHOD OF TRENCH PROTECTION AND CONSTRUCTION ISIN COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)REGULATIONS.17. LATEST CONSTRUCTION, MATERIALS, AND WORKMANSHIP TO CONFORM WITH THE LATESTAPPLICABLE AGENCIES SPECIFICATIONS.18. CONTRACTOR TO INSTALL TEMPORARY BLOW-OFF ASSEMBLIES AT THE TERMINATION OF THEWATER AND FIRE SERVICE LINES FOR TESTING PURPOSES.19. CONTRACTOR TO VERIFY THE LOCATIONS AND ELEVATIONS OF ALL UTILITY CONNECTIONSPRIOR TO ORDERING MATERIALS OR CASTING STRUCTURES. VARIATIONS AFFECTING THE DESIGNOF THE SYSTEM SHOULD BE REPORTED TO THE ENGINEER IMMEDIATELY.20. FOLLOWING THE COMPLETION OF CONSTRUCTION AND REQUIRED TESTING, THECONTRACTOR SHALL REMOVE THE TEMPORARY BLOW-OFF ASSEMBLIES AND REPLACE WITHPERMANENT BLOW-OFFS IN ACCORDANCE WITH APPLICABLE AGENCIES DETAILS.21. CONFLICTS BETWEEN WATER AND STORM OR SANITARY SEWER TO BE RESOLVED BYADJUSTING THE WATER LINES AS NECESSARY.22. CONTRACTOR TO INSTALL TEMPORARY BLOWOFFS AT THE END OF WATER LATERALS TOASSURE ADEQUATE FLUSHING AND DISINFECTION.23. ALL COMPONENTS OF THE WATER SYSTEM, INCLUDING FITTINGS, HYDRANTS, CONNECTIONS,AND VALVES SHALL REMAIN UNCOVERED UNTIL PROPERLY INSPECTED AND ACCEPTED BY THEOWNER'S ENGINEER AND APPLICABLE AGENCIES. PRESSURE TESTS TO BE IN ACCORDANCE WITHAPPLICABLE AGENCIES SPECIFICATIONS. CONTRACTOR TO NOTIFY OWNER'S ENGINEER ANDAPPLICABLE AGENCIES INSPECTORS 72 HOURS IN ADVANCE OF PERFORMING TESTS.24. CONTRACTOR TO PERFORM CHLORINATION AND BACTERIOLOGICAL SAMPLING PURSUANT TOAGENCY REQUIREMENTS AND OBTAIN CLEARANCE OF DOMESTIC WATER SYSTEM (IE: TWO DAYSOF PASSING TESTS AT EACH SAMPLING LOCATION). COPIES OFF ALL BACTERIOLOGICAL TESTS TOBE SUBMITTED TO OWNER'S ENGINEER WITHIN 3 DAYS AFTER TESTING. UNDER NOCIRCUMSTANCES SHALL A NEW WATER SYSTEM BE PLACED INTO SERVICE UNTIL CERTIFICATIONBY THE ENGINEER HAS BEEN COMPLETED AND A RELEASE FROM COUNTY PUBLIC HEALTH UNITHAS BEEN ISSUED.(SEE NOTES 1 AND 2) (SEE NOTE 5)(SEE NOTE 3)(SEE NOTE 3) (300 PSI AT 21 DAYS), (SEE NOTE 4)TEST CORES AS DETERMINED BY PORTLAND CEMENT ASSOCIATION SPECIFICATIONSONE PER 5,000 SF HORIZONTALLY IN 12 INCH LIFTS (MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS = 3,000 PSI), NO TOLERANCE98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70) - NO TOLERANCE98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70), NO TOLERANCE 95% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70) 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T134 - NO TOLERANCE (300 PSI AT 7 DAYS), (SEE NOTE 4)DESIGN MIX AS DETERMINED BY PORTLAND CEMENT ASSOCIATION SPECIFICATIONSOPTIMUM MOISTURE / MAXIMUM DENSITYPROPERTIES OF IN-PLACE MATERIALS (MARSHALL TEST)GRADATION STABILITY FLOW95% OF LAB DENSITYBITUMEN CONTENTTHICKNESS AND IN NON-STRUCTURAL AREAS AND IN STRUCTURAL AREASASPHALTIC CONCRETE (NO IN PLACE MIXING ALLOWED)CONCRETESOIL CEMENT BASEEMBANKMENT(OTHER THAN SOIL CEMENTSTABILIZED SUB GRADEOVER PIPELINES OUTSIDE THE RIGHT-OF-WAYBASEUTILITY TRENCH BACKFILL RIGHT-OF-WAY LINE TO RIGHT-OF-WAY LINEOVER PIPELINES AND AROUND STRUCTURES FROMUTILITY TRENCH BACKFILLBUILDING PADCOMPRESSIVE STRENGTH SPECIMENS AS DETERMINED BY PORTLAND CEMENT ASSOCIATION SPECIFICATIONSOPTIMUM MOISTURE / MAXIMUM DENSITYCOMPRESSIVE STRENGTH CYLINDERSPROCTOR AS DETERMINED BY AASHTO T180AGGREGATE ANALYSISDESIGN MIXGRADATION, ATTERBERG LIMITSAIR CONTENTSLUMP TEST98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70)98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70) OPTIMUM MOISTURE / MAXIMUM DENSITYOPTIMUM MOISTURE / MAXIMUM DENSITYOPTIMUM MOISTURE / MAXIMUM DENSITYOPTIMUM MOISTURE / MAXIMUM DENSITYOPTIMUM MOISTURE / MAXIMUM DENSITY98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70) MINIMUM LBR 100MINIMUM LBR 40TESTING SCHEDULEITEMTEST(SEE NOTE 3)(SEE NOTE 3)ONE PER DAYONE PER DAYONE PER DAY UNLESS TONNAGE > 1,000 TONONE SET OF 3 SAMPLES PER MATERIAL TYPE 100 CY OR FRACTION THEREOFONE SET OF THREE (3) CYLINDERS FORONE PER FDOT APPROVED TYPEONE PER DESIGNONE PER MATERIAL TYPE DAILYONE PER MATERIAL TYPEONE PER SET OF CYLINDERSONE PER SET OF CYLINDERSPER SOURCEEACH LIFT (SEE NOTE 3)(SEE NOTES 1 AND 2)(SEE NOTE 3)PER MATERIAL TYPEPER MATERIAL TYPEPER SOURCEPER SOURCEPER SOIL TYPEPER SOIL TYPEONE PER 2,500 SF HORIZONTALLY IN 12 INCH LIFTSPER SOIL TYPEPER SOIL TYPETEST FREQUENCYOR CRUSHED CONCRETE)MAXIMUM SPECIFIC GRAVITYONE PER DAYONE PER MATERIAL TYPECRUSHED CONCRETE BASEABRASION TEST BY USING LOS ANGELES MACHINE AS DETERMINED BY FM-1T096EACH LIFT (SEE NOTE 3)EACH LIFT (SEE NOTE 3)GRADATION AS DETERMINED BY AASHTO T27-06 (ASTM D136-06) EACH LIFT (SEE NOTE 3)GRADATION AS DETERMINED BY AASHTO T27-06 (ASTM D136-06) PER ONE-HALF DAYMINIMUM LBR 150100% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T180-57 (ASTM D1557-70)GRADATION, ATTERBERG LIMITSPER SOURCEPER SOURCEPER SOURCE LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000 No.BY DATE DESCRIPTION REVISIONS DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:CONTENT: PROJECT:SHEET:APPROVED BY:C-2.3BOUNDARY & TOPOGRAPHIC SURVEY BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 4-15-21 KP KP BG BGFOR INFORMATION PURPOSE ONLYN.T.S. EX. STEX. STEX. STEX. STEX. STEX. STEX. SANEX. SANEX. SANEX. STEX. STEX. STEX. STEX. STEX. STWWSCOTG43"14"12"12"12"29"25"21"26"EWW30"S11"9"6"5"14"11"SS[]X X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. O H P EX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659RIM EL=25.45SW IE=22.77E IE=22.508" V C P 8" VCP12" RCP 12" RCP[][][][][][][][][]WWEX. SANEX. SANEX. SANEX. SAN EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GAS6"4"4"EX. SAN EX. SAN EX. SAN EX. SAN EX. SAN600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)EX. S A N 1111111122233333333344444334444444443335555456777777891011121213131313131414141414131313151513INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)77INSTALL TREEBARRICADE(SEE DETAIL)CONTRACTOR TO INSTALLINLET PROTECTION PRIORTO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIESCONTRACTOR TO INSTALLINLET PROTECTION PRIORTO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIESCONTRACTOR TO INSTALLINLET PROTECTION PRIORTO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES1616350.0'20.0'STABILIZED CONSTRUCTIONENTRANCE, SEE CITYDETAIL 602 IN SHEET C-7.21313171717141513888111141413EXISTING GAS SERVICE LINE TO BE REMOVED.CONTRACTOR TO FIELD VERIFY VERTICALAND HORIZONTAL LOCATIONS OF EXISTINGGAS SERVICE LINES. CONTRACTOR TOCOORDINATE WITH CLEARWATER GASSYSTEM PRIOR TO BEGINNING OFDEMOLITION AND CONSTRUCTION ACTIVITIES.11CONTRACTOR TO REMOVEEXISTING UNDERGROUND VAULTAND GREASE TRAP.CONTRACTOR TO REMOVEEXISTING IN-GROUND HYDRAULICLIFTS AND TANKS.181819CONTRACTOR TO REMOVESTORAGE TANK9918181ALL WELLS TO BE ABANDONEDAND INCOMPLETE WELLS SHALLBE ABANDONED BY A LICENSEDWATER WELL CONTRACTOR INACCORDANCE WITH RULE40D-3.531(2), F.A.C.CONTRACTOR TO CONTACT THE AIR TOXICSSECTION OF THE PINELLAS COUNTYDEPARTMENT OF ENVIRONMENTALMANAGEMENT PRIORTO ANY DEMOLITION OF BUILDING.CONTRACTOR TO CONTACT THE AIR TOXICSSECTION OF THE PINELLAS COUNTYDEPARTMENT OF ENVIRONMENTALMANAGEMENT PRIORTO ANY DEMOLITION OF BUILDING.TEMPORARY CONSTRUCTIONINGRESS AND EGRESSEXISTING OVERHEAD POWERCABLE (TO BE REMOVED)CONTRACTOR TO COORDINATEWITH DUKE ENERGYSIDEWALK, CURB, PAVEMENT OR OTHERIMPROVEMENTS WITHIN RIGHT-OF-WAYDAMAGED DURING DEMOLITION ORCONSTRUCTION ACTIVITIES SHALL BEREPLACED PER FDOT DESIGN STANDARDAND SPECIFICATIONSSIDEWALK, CURB, PAVEMENT OR OTHERIMPROVEMENTS WITHIN RIGHT-OF-WAYDAMAGED DURING DEMOLITION ORCONSTRUCTION ACTIVITIES SHALL BEREPLACED PER FDOT DESIGN STANDARDAND SPECIFICATIONSCONTRACTOR TO INSTALLWATERTIGHT PLUG AND ABANDONEXISTING SANITARY SEWER LATERALSAT THE EASEMENT/PROPERTY LINECONTRACTOR TO COMPLETELY REMOVE & REPLACEORGANIC SOILS WITH CLEAN, BACKFILL MATERIAL,PER GEOTECHNICAL ENGINEERING REPORTRECOMMENDATIONS. PLEASE REFER TO UNIVERSALENGINEERING SERVICES SOIL BORINGS FOR VERTICALAND HORIZONTAL LIMITS OF ORGANIC MATERIAL.CONTRACTOR TO COMPLETELY REMOVE & REPLACEORGANIC SOILS WITH CLEAN, BACKFILL MATERIAL,PER GEOTECHNICAL ENGINEERING REPORTRECOMMENDATIONS. PLEASE REFER TO UNIVERSALENGINEERING SERVICES SOIL BORINGS FOR VERTICALAND HORIZONTAL LIMITS OF ORGANIC MATERIAL.141814148877731EXISTING DRIVEWAY TO BE FULLYREMOVED AND A NEW DRIVEWAYAND SIDEWALK TO BECONSTRUCTED.EXISTING DRIVEWAYS TO BEFULLY REMOVED AND A NEWSIDEWALK TO BE CONSTRUCTED.88EXISTING SANITARYSEWER LINE TO BEWATERTIGHT PLUGGEDEXISTING STORMSEWER LINE TO BEWATERTIGHT PLUGGEDEXISTING STORMSEWER LINE TO BEWATERTIGHT PLUGGEDLAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-3.1DEMOLITION & TREE PROTECTION PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21 1:201. THE CONTRACTOR SHALL OBTAIN ALL PERMITS AS REQUIRED BY CITY / COUNTY, STATE ANDFEDERAL LAW PRIOR TO COMMENCE OF DEMOLITION ACTIVITIES.2. THE CONTRACTOR SHALL MEET ALL SAFETY REGULATIONS REQUIRED BY FEDERAL, STATE ANDLOCAL GOVERNMENT.3. THE CONTRACTOR SHALL COMPLY WITH DEMOLITION REQUIREMENTS ESTABLISHED IN THEFLORIDA BUILDING CODE SECTION 3303.4. THE CONTRACTOR SHALL INSPECT BUILDINGS FOR ASBESTOS AND SITE FOR HAZARDOUSWASTE PRIOR TO DEMOLITION WORK.5. THE CONTRACTOR PERFORMING DEMOLITION, SHALL CONFORM TO THE REQUIREMENTS OFTHE U.S. DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)RULES AND REGULATIONS FOR DEMOLITION SAFETY STANDARDS, 29 C.F.R., S.1926., SUBPART T,INCLUDING ALL SUBSEQUENT REVISIONS OR UPDATES TO THE STANDARDS AS ADOPTED BY THEDEPARTMENT OF LABOR AND EMPLOYMENT SECURITY (DLES).6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING A VISUAL INSPECTION OF THE SITEAND SHALL BE RESPONSIBLE FOR THE DEMOLITION AND REMOVAL OF ALL ABOVE AND BELOWGROUND EXISITNG IMPROVEMENTS THAT WILL NOT BE INCORPORATED WITH THE NEWIMPROVEMENTS.7. THE CONTRACTOR SHALL DEMOLISH AND REMOVE IMPROVEMENTS WITHIN LIMITS OFCONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IN WRITING OF ANY CONFLICTSOR DISCREPANCIES BEFORE PERFORMING ANY WORK IN THE CONFLICTING AREA.8. THE CONTRACTOR SHALL ESTABLISH AND PROPERLY FLAG PROPERTY CORNERS ANDPROPERTY LINES PRIOR TO DEMOLITION WORK.9. THE CONTRACTOR SHALL DISPOSE ALL DEMOLITION MATERIALS AND DEBRIS IN ACCORDANCEWITH THE CITY / COUNTY REQUIREMENTS IN A SOLID WASTE DISPOSAL FACILITY APPROVED BYF.D.E.P. AND THE CITY / COUNTY.10. THE CONTRACTOR SHALL COORDINATE DEMOLITION WORK WITH NEIGHBORS THAT AREAFECTED BY THE DEMOLITION WORK.11. THE CONTRACTOR SHALL INSTALL EROSION CONTROL MEASURES AND TREE BARRICADESPRIOR TO DEMOLITION AND MAINTAIN DURING DEMOLITION. THE CONTRACTOR SHALL ERECT SILTFENCE AS SHOWN IN SITE CONSTRUCTION DETAILS SHEET. FAILURE TO INSTALL OR PROPERLYMAINTAIN THESE EROSION CONTROL MEASURES WILL RESULT IN ENFORCEMENT ACTION WHICHMAY INCLUDE CITATIONS, AS PROVIDED BY CHAPTERS 40D-4 AND 40D-40 F.A.C. INITIATION OF CIVILPENALTY PROCEDURES PURSUANT TO SECTION 373.129, F.A.C. CAN RESULT IN A PENALTY NOT TOEXCEED $10,000 PER OFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURSCONSTITUTING A SEPARATE OFFENSE.12. THE CONTRACTOR SHALL FENCE OR BARRICADE THE SITE, INSTALL GATES FOR TRUCKROUTING AND CONTROL TRAFFIC PER FDOT TRAFFIC CONTROL STANDARDS.13. THE CONTRACTOR SHALL INSTALL AND MAINTAIN AT ALL TIMES PROTECTIVE BARRIERSAROUND TREES TO REMAIN. THESE PROTECTIVE BARRIERS SHALL BE IN ACCORDANCE WITH CITY/ COUNTY STANDARDS.14. THE CONTRACTOR SHALL SAW-CUT EXISTING PAVEMENT WHERE NEW PAVEMENT IS TO BEADDED OR EXISTING PAVEMENT TO BE ELIMINATED.15. THE CONTRACTOR SHALL LOCATE ALL EXISTING UTILITIES PRIOR TO DEMOLITION AND ISRESPONSIBLE FOR THE DAMAGE OF ANY ON-SITE OR OFF-SITE UTILITIES THAT ARE NOT A PARTOF THIS PROJECT OR ARE NOT IDENTIFIED TO BE REMOVED.16. EXISTING IMPROVEMENTS ABOVE GROUND (E.G., PAVEMENT, CURBING, BUILDINGS, CONCRETEPADS, RETAINING WALLS, SIDEWALKS, POLES, SIGNAGE, ETC.) AND BELOW GROUND (E.G.,SANITARY, STORM, WATER, GAS, CABLE, ELECTRIC, PHONE, ETC.) SHALL REMAIN UNLESSOTHERWISE NOTED.17. ALL CAVITIES RESULTING FROM REMOVAL OF BUILDING FOUNDATIONS, TREES, UTILITIES,SIGNS, ETC. SHALL BE BACKFILLED WITH SUITABLE MATERIAL AND COMPACTED TO 95% OFMAXIMUM DENSITY FROM MODIFIED PROCTOR TEST PER ASTM D1557 / AASHTO T-180.18. THE CONTRACTOR SHALL DISPOSE ALL LOOSE DEBRIS AND GARBAGE WITHIN THE PROJECTBOUNDARIES. ADJACENT PROPERTIES SHALL NOT BE ADVERSELY AFFECTED (E.G., SOIL EROSION,UTILITIES DISCONNECTION, TRAFFIC FLOW IMPEDANCE, NOISE, DUST, GARBAGE, ETC.) ANDRIGHT-OF-WAY SHALL BE RESTORED WITH NEW SIDEWALK AND SOD AS REQUIRED.19. ALL UTILITIES SHALL BE CUT AND CAPPED PRIOR TO DEMOLITION. THE CITY OF CLEARWATERUTILITIES SUPERVISOR SHALL BE NOTIFIED.20. DEMOLITION SHALL NOT CAUSE ANY SERVICE INTERRUPTIONS FOR OTHER UTILITYCUSTOMERS.21. WATER METERS, DOUBLE DETECTOR CHECK VALVES AND BACKFLOW PREVENTERS AREOWNED BY THE CITY OF CLEARWATER. THE CITY OF CLEARWATER SHALL REMOVE AND RETAINTHESE ITEMS.DEMOLITION NOTES TO CONTRACTORPROPOSED EROSIONCONTROLEXISTINGPROPERTY LINELEGENDPROPOSED TREEBARRICADEEXISTING ASPHALTICPAVEMENT TO BEREMOVEDEXISTING BUILDINGTO BE REMOVEDEXISTING TREETO REMAINNUISANCE TREE ERADICATION NOTES:1. THE CONTRACTOR SHALL ERADICATE ALL NUISANCE TREES SPECIES (DEFINED AS TREESPECIES LISTED IN THE FLORIDA EXOTIC PEST TREE COUNCIL'S LIST OF INVASIVE SPECIES -LATEST EDITION) OCCURRING ON THE PROJECT SITE. THESE SPECIES INCLUDE BUT ARE NOTLIMITED TO BRAZILIAN PEPPER (SCHINUS TEREBINTHIFOLIUS), PUNK TREES (MELALEUCAQUINQUENERVIA OR MELALEUCA LEUCODENDRON), AUSTRALIAN PINE (CASUARINAEQUISETIFOLIA) AND CHINESE TALLOW (SAPIUM SEBIFERUM). THE CONTRACTOR SHALL BERESPONSIBLE FOR IDENTIFYING AND ERADICATING ALL NUISANCE SPECIES ON SITE.2. ALL TREES LARGER THAN ONE (1) INCH DBH (DIAMETER AT BREAST HEIGHT) SHALL BE CUTWITHIN SIX (6) INCHES OF EXISTING GRADE. ALL STUMPS SHALL BE TREATED WITH HERBICIDEWITHIN ONE HOUR OF CUTTING. HERBICIDE SHALL BE MIXED WITH MARKER DYE TO ENSURE THATALL STUMPS ARE TREATED. TREE BIOMASS SHALL BE REMOVED AND DISPOSED OF AT ANOFF-SITE LOCATION IN STRICT ACCORDANCE WITH THE FLORIDA DEPARTMENT OFENVIRONMENTAL PROTECTION.3. TREES SMALLER THAN ONE (1) INCH DBH AND SEEDLINGS SHALL BE TREATED IN-SITU WITH AFOLIAR SYSTEMIC HERBICIDE. CARE SHALL BE TAKEN TO AVOID OVERSPRAY ON DESIRABLEVEGETATION. REMOVE DEAD BIOMASS.4. THE CONTRACTOR SHALL PERFORM QUARTERLY INSPECTIONS OF TREATED AREAS ANDRE-TREAT AS NEEDED TO ELIMINATE REGROWTH OF NUISANCE TREE SPECIES.EXISTING TREE LEGENDPALM12358DEMOLITION TABLEDESCRIPTIONITEM7496REMOVE ASPHALTIC PAVEMENT AND BASE.REMOVE CONCRETE PAVEMENT TO THE NEARESTEXPANSION JOINT.REMOVE CONCRETE PADS, SIDEWALKS ANDPAVERS TO THE NEAREST EXPANSION JOINT.SAW-CUT AND REMOVE CONCRETE CURB TO THENEAREST EXPANSION JOINT.REMOVE STRUCTURES AND FOUNDATIONS.REMOVE FENCE.REMOVE STRIPING.REMOVE SANITARY STRUCTURES AND PIPES.EXISTING CONCRETEPAVEMENT / PAD /SIDEWALK TO BEREMOVEDREMOVE STORM STRUCTURES AND PIPES.FLAG POLE TO BE REMOVED. REMOVE LIGHT POLES, POWER POLES AND POWER LINES.1011REMOVE WHEEL STOPS.12REMOVE EXISTING SIGN.13REMOVE TREES AND SHRUBS.1415COMMON NAMEKEYQUANTITYTREES TO BE REMOVED1PALMMAINTENANCE OF TRAFFIC NOTE TO CONTRACTORCONTRACTOR TO DESIGN MANAGEMENT OF TRAFFIC (M.O.T.) TO BE UTILIZED WHILEWORKING WITHIN FRANKLIN STREET AND PIERCE STREET RIGHT-OF-WAYS PERSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD PLANS FORDESIGN, CONSTRUCTION, MAINTENANCE AND UTILITY OPERATIONS ON THE STATEHIGHWAY SYSTEM INDEX 102-602 - TWO LANE AND MULTILANE, WORK ONSHOULDER, INDEX 102-603 - TWO LANE, TWO WAY, WORK WITHIN THE TRAVEL WAYAND INDEX 102-660 - SIDEWALKS CLOSURE. (LANE CLOSURES SHALL NOT OCCURDURING THE PEAK HOUR PERIODS OF 7 TO 9 AM AND 4 TO 6 PM.)THE CONTRACTOR SHALL PROVIDE AND MAINTAIN A SAFE AND EASILY ACCESSIBLEPAVED OR UNPAVED PATHWAY FOR PEDESTRIAN TRAFFIC THROUGH THE WORKZONE FOR THE DURATION OF THE CONSTRUCTION PROJECT. IF THE PATHWAY LIESALONG A DESIGNATED SCHOOL WALKING ROUTE, THE CONTRACTOR MUSTPROVIDE ADEQUATE SUPERVISION AND/OR GUIDANCE TO THE SCHOOL AGEDSTUDENTS AS THEY TRAVERSE THROUGH THE WORK ZONE.PINEOAK211114" OAK6" OAK12" OAK14" OAK26" OAK18"EXISTING CONCRETEPAVEMENT / PAD /SIDEWALK TO REMAINEXISTING TREETO BE REMOVED12"PROPOSED GRATEINLET PROTECTIONPROPOSED CURBINLET PROTECTIONREMOVE EXISTING WATER METER,PIPES AND APPURTENANCES.DEWATERING NOTEGROUND WATER IS PRESENT ON THIS SITE. DEWATERING ISANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT ANDCONTRACTOR'S BID SHALL INCLUDE DEWATERING. EARTHWORK ANDGRADING REQUIRES ADEQUATE SURFACE DRAINAGE AND GROUNDWATER MANAGEMENT TO PREVENT SOIL EROSION AND CONTROLMOISTURE OF SOILS. THE CONTRACTOR IS FULLY RESPONSIBLE WHENUSING THIS INFORMATION AND SHALL CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWNDETERMINATION AS TO THE ACTUAL DEPTH OF THE GROUND WATERAND TO SELECT THE ALLOWED METHOD OF DEWATERING PRIOR TOBIDDING THE WORK.REMOVE BOLLARDS16REMOVE EXISTING WELL171819REMOVE EXISTING GAS SERVICE LINEREMOVE EXISTING UNDERGROUND VAULTAND GREASE TRAP143" OAKSWEETGUM114" SWEETGUM121" OAK111111 © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS WWTG122 25EWW11 65X X X X X X X XXX[][][][][][][][][]EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GASTOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.10138EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMTRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'WWTG122 25EWW11 65X X X X X X X XXX[][][][][][][][][]EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GASLAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000 No.BY DATE DESCRIPTION REVISIONS DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:CONTENT: PROJECT:SHEET:APPROVED BY:C-4.0SITE LAYOUT & PARKING PLAN AERIAL BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)TOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.10138TRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'2223514EXISTING FIREHYDRANTPROPOSED 5 FEETCONCRETE SIDEWALKPROPOSED 6' WIDECONCRETE SIDEWALK(TO MATCH EXISTING)PROPOSED 6' WIDECONCRETE SIDEWALK(TO MATCH EXISTING)PROPOSED 8 FEETCONCRETE SIDEWALKDISTURBED AREAS IN THE RIGHT-OF-WAYSHALL BE RESTORED WITH APPROPRIATEGRADING TO ACHIEVE DRAINAGE TO THEROADWAY AND SHALL BE STABILIZEDWITH SOD. (SEED IS NOT AN ACCEPTABLESUBSTITUTE FOR SOD)DISTURBED AREAS IN THE RIGHT-OF-WAY SHALLBE RESTORED WITH APPROPRIATE GRADING TOACHIEVE DRAINAGE TO THE ROADWAY ANDSHALL BE STABILIZED WITH SOD. (SEED IS NOTAN ACCEPTABLE SUBSTITUTE FOR SOD)EXISTING POWERPOLE TO REMAIN12R = 30'R = 30'EXISTING FIREHYDRANT6PROPOSED 82"x66" ELECTRICPOWER TRANSFORMERCONCRETE PAD. CONTRACTOR TOCOORDINATE W/ DUKE ENERGYPROPOSED 5 FEETADA ACCESSPROPOSED 5 FEETADA ACCESSPROPOSED 5 FEETADA ACCESSPROPOSED 6 FEETADA ACCESSPROPOSED CONCRETERIBBON CURB TO BEFLUSH WITH GROUNDPROPOSED 15'x10'UTILITY EASEMENTEXISTINGPOWER POLETO REMAIN5PROPOSED 15'x10'UTILITY EASEMENTCONTRACTOR TO COMPLETELY REMOVE & REPLACEORGANIC SOILS WITH CLEAN, BACKFILL MATERIAL,PER GEOTECHNICAL ENGINEERING REPORTRECOMMENDATIONS. PLEASE REFER TO UNIVERSALENGINEERING SERVICES SOIL BORINGS FOR VERTICALAND HORIZONTAL LIMITS OF ORGANIC MATERIAL.CONTRACTOR TO COMPLETELY REMOVE & REPLACEORGANIC SOILS WITH CLEAN, BACKFILL MATERIAL,PER GEOTECHNICAL ENGINEERING REPORTRECOMMENDATIONS. PLEASE REFER TO UNIVERSALENGINEERING SERVICES SOIL BORINGS FOR VERTICALAND HORIZONTAL LIMITS OF ORGANIC MATERIAL.PROPOSED RETAINING WALL(DESIGNED BY OTHERS)LENGTH = 60 FEET.PROPOSED RETAINING WALL(DESIGNED BY OTHERS)LENGTH = 100 FEET.PROPOSED 20-INCHHIGH BENCH WALL.LENGTH = 50 FEETPROPOSED 20-INCHHIGH BENCH WALL.LENGTH = 13 FEET13.1'BLDG. TIE11.8'BLDG. TIE28.6' BLDG. TIE 16.9'BLDG. TIE13.8'BLDG. TIE38.9' BLDG. TIE 10.8'BLDG. TIE8.3'BLDG. TIE7.5' BLDG. TIE 7.0' 6.2'BLDG. TIE 14.9'BLDG. TIE17.1'BLDG. TIE44.3' BLDG. TIE 6.0'6.0' 0.7' BLDG. TIE 46.1' BLDG. TIE 40.0' BLDG. TIE16.0'BLDG. TIE5.3'36.0'16.5'44.6' BLDG. TIE 0.5' BLDG. TIE 9.0' TYP.24.0'18.0'TYP.26.0' 9.0' TYP.24.0'18.0'TYP.8.0'8.0' 5.0' 8.0'24.8' 29.7'33.1'29.1'33.0'6.0'6.0'28.8'22.8'22.0'6.0'6.0'16.5'20.0'6.0' 6.0' 12.0'30.0'8.0' 5.0' 6.0' 8.0' 8.0'23.0'PROPOSED ADDITIONALON-STREET PARKING7.4'PROPOSED CONCRETESIDEWALK TO BE CONSTRUCTED1 FT AWAY FROM PROPERTY LINE.AREA FOR PARKING BY DISABLEDPERMIT ONLY. MAXIMUM SLOPE1:50 IN ALL DIRECTIONS.PARKING GARAGE CONSULTANTS TOPROVIDE CONVEX MIRRORS ATSTRATEGIC LOCATIONS TO AID PARKEDVEHICLES FROM BACKING OUT BLINDLY.STRUCTURAL SUPPORT LOCATED INPARKING GARAGE SHALL NOTOBSTRUCT PASSENGERS ANDPEDESTRIANS INGRESS AND EGRESSPARKING GARAGE TO BEDESIGNED BY OTHERS6.0' 15.3' 3.0' BLDG. TIE LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-4.1SITE LAYOUT & PARKING PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21 1:20SITE DATASITE PLAN NOTES1. THE SITE WORK FOR THIS PROJECT SHALL MEET OR EXCEED THE CITY OFCLEARWATER COMMUNITY DEVELOPMENT CODE.2. ALL PEDESTRIAN ROUTES, SIDEWALKS AND ACCESSIBILITY RAMPS,HANDICAPPED PARKING SPACES, ACCESSIBILITY SIGNS AND SYMBOLS SHALLBE CONSTRUCTED IN STRICT CONFORMANCE WITH THE AMERICANS WITHDISABILITIES ACT ACCESSIBILITY GUIDELINES (ADAAG) AND THE FLORIDAACCESSIBILITY CODE FOR BUILDING CONSTRUCTION (FACBC), LATESTEDITIONS.3. ALL POINTS AND MONUMENTS SHALL BE SURVEYED UPON MOBILIZATION TOVERIFY THEIR ACCURACY. ANY DISCREPANCIES DISCOVERED MUST BEBROUGHT TO THE ATTENTION OF THE ENGINEER IN WRITING PRIOR TOCONSTRUCTION.4. MONUMENTS AND OTHER SURVEY CONTROL POINTS SHALL BE PROTECTEDFROM DAMAGE AND DISTURBANCE. IF ANY CONTROL POINTS ARE DAMAGEDOR DISTURBED, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TONOTIFY THE ENGINEER AND REPLACE THE CONTROL POINTS TO THEIRORIGINAL CONDITION AT HIS OWN EXPENSE.5. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR PRECISEBUILDING DIMENSIONS AND EXACT UTILITY ENTRANCE LOCATIONS.6. MINIMUM CURB RADII IS THREE (3) FEET, UNLESS OTHERWISE NOTED. EXACTRADII DIMENSIONS ARE SPECIFIED HEREON.7. ALL DIMENSIONS SHOWN ON PLAN ARE TO FACE OF BUILDING, EDGE OFPAVEMENT, FACE OF CURB OR CENTERLINE OF STRUCTURE, UNLESSOTHERWISE NOTED.8. ALL DISTURBED AREAS ARE TO RECEIVE FOUR (4) INCHES OF TOP SOIL,SEED, MULCH AND WATER UNTIL A HEALTHY STAND OF GRASS ISESTABLISHED.9. ALL BOUNDARY AND TOPOGRAPHICAL INFORMATION SHOWN WAS TAKENFROM TOPOGRAPHIC SURVEY BY BULLSEYE SURVEYING, INC. DATED03/17/2020.10. ALL EXISTING AND PROPOSED ELEVATIONS ARE REFERENCED FROMNORTH AMERICAN VERTICAL DATUM (N.A.V.D.) 1988.11. DURING LAND ALTERATION AND CONSTRUCTION ACTIVITIES, IT SHALL BEUNLAWFUL TO REMOVE VEGETATION BY GRUBBING OR TO PLACE SOILDEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY OROTHER EQUIPMENT OF ANY KIND WITHIN THE DRIPLINE OF A TREE TO REMAINON THE SITE.12. ALL TRIMMING UNDERTAKEN ON A TREE PROTECTED BY THE PROVISIONSOF THE LAND DEVELOPMENT CODE SHALL BE IN ACCORDANCE WITH THEAMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) A-300 PRUNINGSTANDARDS.13. TO MINIMIZE SOIL EROSION PROPOSED LAND ALTERATION ACTIVITIESSHALL NOT UNNECESSARILY REMOVE EXISTING VEGETATION AND ALTEREXISTING TOPOGRAPHY. ADEQUATE PROTECTION MEASURES (I.E., HAY BALES,BAFFLES, SODDING AND SANDBAGGING) SHALL BE PROVIDED, AS NECESSARY,TO MINIMIZE EROSION AND DOWNSTREAM SEDIMENTATION CAUSED BYSURFACE WATER RUN-OFF ON EXPOSED LAND SURFACES.LEGAL DESCRIPTIONLOTS 1 THROUGH 3, LOT 16 AND THE WEST 42 FEET OF LOT 15 OF BLOCK 7,FROM THE PLAT TITLED "MAGNOLIA PARK" IN SUBDIVISION PLAT BOOK 3, PAGE43 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITHTHAT PART OF THE NE 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15EAST DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OFSAID LOT 1; THENCE SOUTH 04 DEG. 41'03" WEST, A DISTANCE OF 266 FEET,MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCEWESTERLY 60 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF LOT 1,BLOCK 7 OF THE PLAT TITLED "GOULD & EWING'S 2ND ADDITION" INSUBDIVISION PLAT BOOK 1, PAGE 52 OF THE PUBLIC RECORDS OFHILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY WASFORMERLY A PART; THENCE NORTH 04 DEG. 41'03" EAST, A DISTANCE OF 266FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LOT 2, BLOCK 7 OFSAID "GOULD & EWING'S 2ND ADDITION"; THENCE EASTERLY 60 FEET, MORE ORLESS TO THE POINT OF BEGINNING.LEGENDEXISTINGPROPERTY LINEPROPOSEDDIMENSIONPROPOSEDCONCRETEPAVEMENT / PAD /SIDEWALK42'EXISTINGCONCRETEPAVEMENT / PAD /SIDEWALKTAG LEGENDDESCRIPTIONITEM1ELEVATOR234SOLID WASTE ROOM6BICYCLE PARKING5STAIRWELLMAIL ROOMDEWATERING NOTEGROUND WATER IS PRESENT ON THIS SITE. DEWATERING ISANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT ANDCONTRACTOR'S BID SHALL INCLUDE DEWATERING. EARTHWORK ANDGRADING REQUIRES ADEQUATE SURFACE DRAINAGE AND GROUNDWATER MANAGEMENT TO PREVENT SOIL EROSION AND CONTROLMOISTURE OF SOILS. THE CONTRACTOR IS FULLY RESPONSIBLE WHENUSING THIS INFORMATION AND SHALL CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWNDETERMINATION AS TO THE ACTUAL DEPTH OF THE GROUND WATERAND TO SELECT THE ALLOWED METHOD OF DEWATERING PRIOR TOBIDDING THE WORK.1. PARCEL NUMBER : 15-29-15-54450-007-00102. SECTION / TOWNSHIP / RANGE: 15 / 29 S / 15 E3. SITE ADDRESS: 610 FRANKLIN STREET CLEARWATER, FLORIDA 337564. PROPERTY AREA: 47,426 SF (1.09 AC)5. EXISTING ZONING: DOWNTOWN "D"6. FUTURE LAND USE: CENTRAL BUSINESS DISTRICT7. BUILDING SETBACKS: PROPOSED (MIN - MAX) CODE REQUIREMENTSPIERCE STREET 0.5 FT - 46.1 FT 0 FT (MIN), 3.0 FT (MAX)FRANKLIN STREET 6.2 FT - 7.5 FT 0 FT (MIN), 3.0 FT (MAX)SIDE (EAST) 8.3 FT - 16.9 FT 0 FT (MAX)SIDE (WEST) 13.8 FT - 17.1 FT 0 FT (MAX)SIDE (SOUTH) 28.6 FT - 29.7 FT 0 FT (MAX)8. BUILDING HEIGHT: 96.7 FT (TOWER)9. SITE AREAS:PARKING GARAGE FOOTPRINT:15,890 SF(33.5%)BUILDING FOOTPRINT:11,890 SF(25.1%)SIDEWALK / CURB / WALL:5,097 SF(10.7%)TOTAL IMPERVIOUS AREA:32,877 SF(69.3%)TOTAL PERVIOUS AREA:14,549 SF(30.7%)TOTAL AREA:47,426 SF(100%)10. DENSITY:MAXIMUM DENSITY = 75 UNITS / ACRENUMBER OF DWELLING UNITS = 81TOTAL SITE AREA = 1.09 ACRESPROPOSED DENSITY = 81 UNITS / 1.09 ACRES = 74.3 UNITS PER ACRE(31 UNITS - 1 BEDROOM, 46 UNITS - 2 BEDROOMS, 4 UNITS - 3 BEDROOMS)11. FLOOR AREA RATIO (F.A.R.):GROSS FLOOR AREA = 88,930 SFTOTAL SITE AREA = 47,426 SFPROPOSED FLOOR AREA RATIO (F.A.R.) = 1.87512. OWNER:COMMUNITY REDEV AGENCY OF CLEARWATER, LLCATTN: CASH & INVESTMENTS MGRP.O. BOX 4748CLEARWATER, FLORIDA 3375813. STORMWATER MANAGEMENT: W.Q.T. & ATTENUATION14. FLOOD ZONE INFORMATION: ZONE "X" FEMA MAP 12103C0108H15. SOLID WASTE MANAGEMENT: TRASH COMPACTOR16. TOTAL PARKING PROVIDED: 81 SPACESREGULAR = 75 & HANDICAP = 6BICYCLE PARKING = 26 SPACES17. TOTAL PARKING REQUIRED: 81 SPACES81 UNITS X 1 SPACE PER UNIT = 81SPEED BUMPS "HEAVY DUTY RUBBER,SAFETY STRIPED WITH RECESSEDBOLTING".EXISTING POWERPOLEPROPOSEDPAVERS1111111111111111 WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)TOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.10138TRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'21333333445555666666R = 30'R = 30'7444LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-4.2SIGNING & MARKING PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW20214-15-21 1:20SITE DATANAMEPROPOSED SIGN QUANTITIESQUANITYR1-1 36"W/RSTOP (R1-1)16PARKING BY DISABLED PERMIT ONLY (FTP-20-06 & FTP-22-06)GENERAL NOTE:1. ALL SIGNS WILL BE REVIEWED UNDER A SEPERATE APPLICATION REQUEST WITH THE CITY OF CLEARWATER.123TAG LEGENDDESCRIPTIONITEMPARKING BY DISABLED PERMIT ONLY & $250 FINE F.S. 318.18SIGNS MOUNTED ON WALLSTOP SIGN MOUNTED ON WALL454" SOLID WHITE LINE STRIPING FOR REGULAR PARKING SPACE(S)6STRIPING FOR ACCESSIBLE PARKING SPACE(S) INCLUDING (2)6" WHITE & BLUE LINES ON EACH SIDE, ACCESS AISLE STRIPED6" WHITE DIAGONALLY AT 45°, EQUALLY SPACED AND WHITEUNIVERSAL SYMBOL OF ACCESSIBILITY. SEE DETAIL IN SHEET C-4.2.WHITE THROUGH ARROW PER FDOT INDEX 711-0011. ALL TRAFFIC CONTROL MARKINGS AND DEVICES SHALL CONFORM TO THE PROVISIONSSET FORTH IN THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PREPARED BY THEU.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND THEFLORIDA DEPARTMENT OF TRANSPORTATION "STANDARD PLANS FOR DESIGN,CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS ON THE STATE HIGHWAYSYSTEM".2. PARKING STALL STRIPING TO BE 4" WIDE PAINTED STRIPES. THE STRIPING FOR ALLREGULAR PARKING SPACES SHALL BE MADE IN WHITE COLOR. YELLOW PAINT SHALL BEUSED FOR NO PASSING, NO PARKING OR TO DESIGNATE A FIRE LANE.MARKING NOTES24" WHITE SPECIAL EMPHASIS CROSSWALK HIGH CONTRASTMARKING AND 12" LONGITUDINAL STRIPING WITH BLACK BORDERCONTRAST PER FDOT INDEX 711-001. (THERMOPLASTIC)724" WHITE STOP BAR PER FDOT INDEX 711-001 WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)WWST12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPMAGNOLIA PARKPB 3, PG 431FIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"2341615141336.9' (P)132.5' (P) S04°41'03"W (L) 266' (L)6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK 7BLOCK 712GOULD AND EWING'S2ND ADDITIONPB H1, PG 52BLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)266' (L)POBSW CORNERLOT 1658.1' (P)47.5' (P)132.5' (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659[][][][][][][][][]600 FRANKLIN STREET, CLEARWATERPARCEL ID: 16-29-15-32292-007-0011 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)207 S. GARDEN AVENUE, CLEARWATERPARCEL ID: 16-29-15-32292-007-0010 OWNER: CHURCH OF SCIENTOLOGY FLAG SERV ORG INC. ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)612 FRANKLIN STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0140 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)645 PIERCE STREET, CLEARWATERPARCEL ID: 15-29-15-54450-007-0070 OWNER: CITY OF CLEARWATER ZONING: DOWNTOWN (D)FLU: CENTRAL BUSINESS DISTRICT (CBD)TOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.10138TRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'P - Passenger CarP - Passenger Car LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-4.3PASSENGER CAR TURNING PATH SIMULATION PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21 1:20 STSTSTEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STWWTG12"29"25"EWW30"11"9"6"5"11"X X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPFIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)POBSW CORNERLOT 16FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659GRATE EL=24.52N IE=20.86SW IE=20.681 5 " R C P 15" RCPRIM EL=25.29NW IE=20.12NE IE=20.64SW IE=20.32SE IE=21.25E IE=14.03W IE=14.0348" RCP48" RCPRIM EL=26.29N IE=21.13NW IE=21.13NE IE=21.13S IE=22.3612" RCP12" RCP12" RCP 12" RCP RIM EL=24.39S IE=15.23W IE=14.30E IE=CAN'T SEE PIPE36" RCPGRATE EL=23.94NE IE=21.55N IE=23.20GRATE EL=23.42SE IE=21.01RIM EL=24.54N IE=21.18NE IE=21.88SW IE=20.03E IE=21.2312" RCP12" RCPRIM EL=25.58E IE=14.73W IE=14.7548" RCP48" RCP15" RCP15" RCP[][][][][][][][][]EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GASTOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.STST EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMT D D DRAINSTOWATERWAYSUCTILEIRON ONOTPOLLUTE SALPOLYN T D DDRAINSTOWATERWAYSUCTILEIRON ONOTPOLLUTE SALPOLYN T D DDRAINSTOWATERWAYSUCTILEIRON ONOTPOLLUTE SALPOLYN T D D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN T D D DRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTE SALPOLYN T D DDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTE SALPOLYN T D D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYNST WMSTSTTRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'26.026.026.0 27.025.025.024.024.026.025.0 25.0 23.023.0 24.0 24.0 26.0 27.0 27.0 27.0 25.025.025.025.026.0 26.025.024.026.026.026.026.0 27.027.0 26.027.0 27.0 27.0 28.0 FLOOD ZONE 'X' FEMA MAP 12103C0108H(EFFECTIVE DATED: MAY 17, 2005)30 - URBAN LAND 0 TO 2PERCENT SLOPES23.8024.1523.9023.8023.6623.64PROPOSED 75'x30' STORMWATER VAULTTOP OF VAULT EL. = 26.00'TOP OF CONTROL STRUCTURE EL. = +25.00'W.Q.T EL. = +23.00'BOTTOM EL. = +21.50'S.H.W.L. EL. = +19.50'±56 LF - 12" HP STORMPROPOSED CONTROL STRUCTUREGRATE EL. = 26.00'TOP OF WEIR SLOT EL. = 25.00'BOTTOM OF WEIR SLOT EL. = 23.00'INV. EL. = 21.50'PROPOSED CONTROL STRUCTURERIM EL. = 26.70'TOP OF WEIR SLOT EL. = 25.00'BOTTOM OF WEIR SLOT EL. = 23.00'INV. EL. = 21.70'±44 LF - 12" HP STORM±24 LF - 12" HP STORM±160 LF - 12" HP STORMCONTRACTOR TO COMPLETELY REMOVE & REPLACEORGANIC SOILS WITH CLEAN, BACKFILL MATERIAL,PER GEOTECHNICAL ENGINEERING REPORTRECOMMENDATIONS. PLEASE REFER TO UNIVERSALENGINEERING SERVICES SOIL BORINGS FOR VERTICALAND HORIZONTAL LIMITS OF ORGANIC MATERIAL.26.1026.1525.9025.9026.0025.8023.9023.8023.7524.4525.0525.5526.1026.5026.3526.4026.5026.5026.5026.5026.5026.5026.5026.5026.5026.5026.3526.4026.7025.5025.5026.3826.4025.6226.1526.2026.3026.5026.5026.5026.0525.7025.8025.6425.85R.L.R.L.26.4526.4026.4024.3524.9025.4025.95R.L.24.8024.9024.1526.1526.2526.1526.1526.1526.1526.0125.6026.4025.5525.5025.4025.9526.0626.0526.20INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)23.8624.2524.3524.5024.4524.601712234447889955555101010101111121113141415161717PROPOSED CONCRETERIBBON CURB TO BEFLUSH WITH GROUNDPROPOSED 20-INCHHIGH BENCH WALL.LENGTH = 50 FEETPROPOSED 20-INCHHIGH BENCH WALL.LENGTH = 13 FEET186MEET & MATCHEXISTING GRADEMEET & MATCHEXISTING SIDEWALKMEET & MATCHEXISTING GRADEPROPOSED DRIVEWAY SHALL BEMINIMUM 6" THICK FIBROUS CONCRETE,CLASS I, NON-STRUCTURAL, 4,000 PSIW/ 6X6/10X10 WELDED WIRE MESHREINFORCEMENT.DISTURBED AREAS IN THE RIGHT-OF-WAYSHALL BE RESTORED WITH APPROPRIATEGRADING TO ACHIEVE DRAINAGE TO THEROADWAY AND SHALL BE STABILIZEDWITH SOD. (SEED IS NOT AN ACCEPTABLESUBSTITUTE FOR SOD)MEET & MATCHEXISTING SIDEWALKMEET & MATCHEXISTING SIDEWALKMEET & MATCHEXISTING GRADEMEET & MATCHEXISTING GRADEAREA FOR PARKING BY DISABLEDPERMIT ONLY. MAXIMUM SLOPE1:50 IN ALL DIRECTIONS.MEET & MATCHEXISTING CURBCROSS SLOPE 1:50 (MAX)RUNNING SLOPE 1:20 (MAX)CROSS SLOPE 1:50 (MAX)RUNNING SLOPE 1:20 (MAX)CROSS SLOPE 1:50 (MAX)RUNNING SLOPE 1:20 (MAX)AABB±18 LF - 12" HP STORM±46 LF - 12" RCP PIPEHHST - 10ST - 2ST - 5ST - 3ST - 1ST - 9ST - 6ST - 4ST - 8ST - 7PIPE - 6 PIPE - 5PIPE - 4PIPE - 3 PIPE - 2PIPE - 7PIPE - 1 PIPE - 8 CCDDEEFFGGIJJ25.95R.L.25.50IR.L.PROPOSED MANHOLERIM EL. = 25.90'INV. EL. = 21.90'ST - 11STSTSTST26.4526.3025.5026.1526.2526.1525.3024.4024.3525.5024.5024.50ST - 12ST - 13R.L .25.8526.0026.0026.0025.9025.0026.0026.0026.25ST - 14ST -15PIPE - 9 PIPE - 10PIPE - 11PIPE - 12±46 LF - 12" HP STORM±44 LF - 12" HP STORM±55 LF - 12" HP STORM26.3626.43CROSS SLOPE 1:50 (MAX)RUNNING SLOPE 1:20 (MAX)±30 LF - 12" HP STORM1026.2526.3025.7526.0525.9525.8525.6025.5026.1026.0025.9525.8525.8026.0026.0025.9026.45LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-5.1PAVING, GRADING & DRAINAGE PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21 1:2012TAG LEGENDDESCRIPTIONITEMCONST. ± 720 S.F. CONCRETE SIDEWALK, MINIMUM 4" THICK,CLASS I, NON-STRUCTURAL, 3,000 PSI WITH FIBER MESHMATERIAL.CONST. ± 695 S.F. OF 6" THICK FIBROUS CONCRETEPAVEMENT, CLASS I, NON-STRUCTURAL, 4,000 PSI WITH FIBERMESH REINFORCING AND 6"x6"/10x10 WELDED WIRE FABRIC.MAINTENANCE OF TRAFFIC NOTE TO CONTRACTORCONTRACTOR TO DESIGN MANAGEMENT OF TRAFFIC (M.O.T.) TO BE UTILIZED WHILE WORKINGWITHIN FRANKLIN STREET AND PIERCE STREET RIGHT-OF-WAYS PER STATE OF FLORIDADEPARTMENT OF TRANSPORTATION STANDARD PLANS FOR DESIGN, CONSTRUCTION,MAINTENANCE AND UTILITY OPERATIONS ON THE STATE HIGHWAY SYSTEM INDEX 102-602 - TWOLANE AND MULTILANE, WORK ON SHOULDER, INDEX 102-603 - TWO LANE, TWO WAY, WORK WITHINTHE TRAVEL WAY AND INDEX 102-660 - SIDEWALKS CLOSURE. (LANE CLOSURES SHALL NOT OCCURDURING THE PEAK HOUR PERIODS OF 7 TO 9 AM AND 4 TO 6 PM.)THE CONTRACTOR SHALL PROVIDE AND MAINTAIN A SAFE AND EASILY ACCESSIBLE PAVED ORUNPAVED PATHWAY FOR PEDESTRIAN TRAFFIC THROUGH THE WORK ZONE FOR THE DURATION OFTHE CONSTRUCTION PROJECT. IF THE PATHWAY LIES ALONG A DESIGNATED SCHOOL WALKINGROUTE, THE CONTRACTOR MUST PROVIDE ADEQUATE SUPERVISION AND/OR GUIDANCE TO THESCHOOL AGED STUDENTS AS THEY TRAVERSE THROUGH THE WORK ZONE.3CONST. ± 225 S.F. CONCRETE SIDEWALK, MINIMUM 4" THICK,CLASS I, NON-STRUCTURAL, 3,000 PSI WITH FIBER MESHMATERIAL.4CONST. ± 1,960 S.F. CONCRETE SIDEWALK, MINIMUM 4" THICK,CLASS I, NON-STRUCTURAL, 3,000 PSI WITH FIBER MESHMATERIAL.6CONST. ± 35 LF OF 8" THICK CONCRETE RIBBON CURB,TO BE FLUSH WITH GROUND.7CONST. ± 200 LF OF CONC. TYPE D CURB PER FDOT INDEX520-001, LATEST EDITION.8CONST. ± 110 LF OF CONC. TYPE D CURB PER FDOT INDEX520-001, LATEST EDITION.5CONST. ± 2,330 S.F. OF 4" THICK CONCRETE SIDEWALKWITH TILE / PAVERS. CROSS SLOPE 2% MAX.910CONST. ± 100 LF OF 8" THICK CONCRETE WALL11CONST. ± 60 LF OF 8" THICK CONCRETE WALL12CONST. ± 26 LF OF CONC. TYPE F CURB PER FDOT INDEX520-001, LATEST EDITION.1314CONST. ± 4,110 S.F. OF ASPHALT PAVEMENT AND BASE,SEE TYPICAL SECTION SHEET C-7.1.CONST. ± 50 LF OF 8" THICK BENCH WALL (HEIGHT = 20")1516DETECTABLE WARNING SURFACE PER FDOT INDEX 522-002,LATEST EDITION.17CONST. ± 13 LF OF 8" THICK BENCH WALL (HEIGHT = 20")18CONST. ± 40 S.F. 4" THICK TRANSFORMER CONCRETE PAD.DEWATERING NOTEGROUND WATER IS PRESENT ON THIS SITE. DEWATERING ISANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT ANDCONTRACTOR'S BID SHALL INCLUDE DEWATERING. EARTHWORK ANDGRADING REQUIRES ADEQUATE SURFACE DRAINAGE AND GROUNDWATER MANAGEMENT TO PREVENT SOIL EROSION AND CONTROLMOISTURE OF SOILS. THE CONTRACTOR IS FULLY RESPONSIBLE WHENUSING THIS INFORMATION AND SHALL CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWNDETERMINATION AS TO THE ACTUAL DEPTH OF THE GROUND WATERAND TO SELECT THE ALLOWED METHOD OF DEWATERING PRIOR TOBIDDING THE WORK.LEGENDFLOW DIRECTIONEXISTINGELEVATIONPROPOSEDELEVATIONPROPOSED EROSIONCONTROL26.50PROPOSEDASPHALTICPAVEMENTPROPOSEDCONCRETEPAVEMENT / PAD /SIDEWALKPROPOSEDPAVERS / TILEPROPOSEDRIDGE-LINESTPROPOSED STORMSEWER LINER.L.EX. STEXISTING STORMSEWER LINEEXISTINGPROPERTY LINEPROPOSED GRATEINLET PROTECTIONPROPOSED CURBINLET PROTECTION11CONST. ± 2,210 S.F. CONCRETE SIDEWALK, MINIMUM 4" THICK,CLASS I, NON-STRUCTURAL, 3,000 PSI WITH FIBER MESHMATERIAL.CONST. ± 230 S.F. CONCRETE SIDEWALK, MINIMUM 4" THICK,CLASS I, NON-STRUCTURAL, 3,000 PSI WITH FIBER MESHMATERIAL. LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-5.2PAVING, GRADING & DRAINAGE NOTES & SCHEDULES BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG 6-7-21KP12021 PER CITY OF CLEARWATER 4-15-211. ALL POINTS AND MONUMENTS SHALL BE SURVEYED UPON MOBILIZATION TO VERIFY THEIRACCURACY. ANY DISCREPANCIES DISCOVERED MUST BE BROUGHT TO THE ATTENTION OF THEENGINEER IN WRITING PRIOR TO CONSTRUCTION.2. MONUMENTS AND OTHER SURVEY CONTROL POINTS SHALL BE PROTECTED FROM DAMAGEAND DISTURBANCE. IF ANY CONTROL POINTS ARE DAMAGED OR DISTURBED, IT SHALL BE THERESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ENGINEER AND REPLACE THE CONTROLPOINTS TO THEIR ORIGINAL CONDITION AT HIS OWN EXPENSE.3. ON-SITE FILL IS NOT ANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT. THECONTRACTOR IS FULLY RESPONSIBLE WHEN USING THIS INFORMATION AND SHALL PERFORMTHEIR OWN CALCULATION OF FILL MATERIAL NEEDED AND CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWN DETERMINATION AS TO THE ACTUALVOLUME OF FILL MATERIAL NEEDED PRIOR TO BIDDING THE WORK.4. DEWATERING IS NOT ANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT. THECONTRACTOR IS FULLY RESPONSIBLE WHEN USING THIS INFORMATION AND SHALL CONDUCTSTUDIES, TESTS AND SURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWN DETERMINATION ASTO THE ACTUAL DEPTH OF THE GROUND WATER PRIOR TO BIDDING THE WORK.5. TEMPORARY SEEDING AND MULCHING MAY BE APPLIED TO COVER BARE SOIL AND TO PREVENTWIND EROSION. SOLID BOARD FENCES, BURLAP FENCES, CRATE WALLS, BALES OF HAY, ANDSIMILAR MATERIAL CAN BE USED TO CONTROL AIR CURRENTS AND BLOWN DUST. BARRIERSPLACED AT RIGHT ANGLES TO PREVAILING WIND CURRENTS AT INTERVALS OF ABOUT 15 TIMESTHE BARRIER HEIGHT ARE EFFECTIVE IN CONTROLLING WIND EROSION. IRRIGATION WITH WATERUNTIL THE SURFACE IS WET AND REPEATED AS NECESSARY CAN BE USED TO PREVENT WINDEROSION AND CONTROL BLOWN DUST. IF THIS METHOD IS TO BE EMPLOYED, THE CONTRACTORSHALL CONSTRUCT A TEMPORARY GRAVEL ROCK ENTRANCE OR A SOIL TRACKING PREVENTIONDEVICE (STPD) TO PREVENT OFFSITE TRACKING OF MUD ONTO LOCAL STREETS.6. ALL PROPOSED ON-SITE PARKING/DRIVEWAY AREAS TO BE CURBED WITH FDOT TYPE 'D' CURB,UNLESS SPECIFIED OTHERWISE. ALL CURB RAMPS SHALL BE CONSTRUCTED AND TEXTURED PERFDOT INDEX 522-002.7. REFER TO SHEET C-5.5 FOR CROSS SECTIONS.8. MINIMUM CURB RADII IS THREE (3) FEET, UNLESS OTHERWISE NOTED. EXACT RADII DIMENSIONSARE SPECIFIED HEREON.9. ADJUSTING MANHOLE TOPS TO MATCH GRADE AND SLOPE OF THE FINISH PAVING SHALL BEINCLUDED IN THE RESPECTIVE CONTRACT UNIT PRICE FOR MANHOLES, PAYMENT OF WHICH WILLCONSTITUTE FULL COMPENSATION FOR THE CONSTRUCTION AND COMPLETION OF THE MANHOLE,AND NO ADDITIONAL PAYMENT WILL BE ALLOWED OR MADE FOR ADJUSTING MANHOLE TOPS.10. THE GENERAL CONTRACTOR SHALL PROVIDE A SUITABLE ON-SITE WASH DOWN ANDCONCRETE DISPOSAL AREA. DISPOSAL OF CONCRETE SLURRY DIRECTLY OR INDIRECTLY INTOTHE COUNTY SEPARATE STORM SEWER SYSTEM OR ONTO A COUNTY RIGHT-OF-WAY IS AVIOLATION OF SECTION 58-244 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE. SECTION58-239 OF THE PINELLAS COUNTY CODE AUTHORIZES PENALTIES OF UP TO $10,000.00 FOR EACHOFFENSE.11. ROADWAY PAVEMENT IS NOT TO BE DISTURBED. DAMAGES TO THE ROADWAY PAVEMENT WILLREQUIRE MILLING AND RESURFACING AS DIRECTED BY THE AREA INSPECTOR.IMPORTANT NOTES TO CONTRACTOR1. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 3304, EXCAVATION AND FILL FORBUILDINGS AND STRUCTURES SHALL BE CONSTRUCTED OR PROTECTED SO AS NOT TOENDANGER LIFE OR PROPERTY. STUMPS AND ROOTS SHALL BE REMOVED FROM THE SOIL TO ADEPTH OF AT LEAST 12 INCHES BELOW THE SURFACE OF THE GROUND IN THE AREA TO BEOCCUPIED BY THE BUILDING. WOOD FORMS WHICH HAVE BEEN USED IN PLACING CONCRETE, IFWITHIN THE GROUND OR BETWEEN FOUNDATION SILLS AND THE GROUND, SHALL BE REMOVEDBEFORE A BUILDING IS OCCUPIED OR USED FOR ANY PURPOSE. BEFORE COMPLETION, LOOSE ORCASUAL WOOD SHALL BE REMOVED FROM DIRECT CONTACT WITH THE GROUND UNDER THEBUILDING.2. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 3304, SLOPES FOR PERMANENT FILLSHALL NOT BE STEEPER THAN ONE UNIT VERTICAL IN TWO UNITS HORIZONTAL (50-PERCENTSLOPE). CUT SLOPES FOR PERMANENT EXCAVATIONS SHALL NOT BE STEEPER THAN ONE UNITVERTICAL IN TWO UNITS HORIZONTAL (50-PERCENT SLOPE). DEVIATION FROM THE FOREGOINGLIMITATIONS FOR CUT SLOPES SHALL BE PERMITTED ONLY UPON THE PRESENTATION OF A SOILINVESTIGATION REPORT ACCEPTABLE TO THE BUILDING OFFICIAL.3. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 3304, NO FILL OR OTHER SURCHARGELOADS SHALL BE PLACED ADJACENT TO ANY BUILDING OR STRUCTURE UNLESS SUCH BUILDINGOR STRUCTURE IS CAPABLE OF WITHSTANDING THE ADDITIONAL LOADS CAUSED BY THE FILL ORSURCHARGE. EXISTING FOOTINGS OR FOUNDATIONS WHICH CAN BE AFFECTED BY ANYEXCAVATION SHALL BE UNDERPINNED ADEQUATELY OR OTHERWISE PROTECTED AGAINSTSETTLEMENT AND SHALL BE PROTECTED AGAINST LATER MOVEMENT.4. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1804.1, EXCAVATIONS FOR ANYPURPOSE SHALL NOT REMOVE LATERAL SUPPORT FROM ANY FOOTING OR FOUNDATION WITHOUTFIRST UNDERPINNING OR PROTECTING THE FOOTING OR FOUNDATION AGAINST SETTLEMENT ORLATERAL TRANSLATION.5. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1804.3, THE EXCAVATION OUTSIDE THEFOUNDATION SHALL BE BACKFILLED WITH SOIL THAT IS FREE OF ORGANIC MATERIAL,CONSTRUCTION DEBRIS, COBBLES AND BOULDERS OR A CONTROLLED LOW-STRENGTH MATERIAL(CLSM). THE BACKFILL SHALL BE PLACED IN LIFTS AND COMPACTED, IN A MANNER THAT DOES NOTDAMAGE THE FOUNDATION OR THE WATERPROOFING OR DAMPPROOFING MATERIAL.6. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1804.4, THE GROUND IMMEDIATELYADJACENT TO THE FOUNDATION SHALL BE SLOPED AWAY FROM THE BUILDING AT A SLOPE OFNOT LESS THAN ONE UNIT VERTICAL IN 20 UNITS HORIZONTAL (5-PERCENT SLOPE) FOR A MINIMUMDISTANCE OF 10 FEET MEASURED PERPENDICULAR TO THE FACE OF THE WALL. IF PHYSICALOBSTRUCTIONS OR LOT LINES PROHIBIT 10 FEET OF HORIZONTAL DISTANCE, A 5-PERCENT SLOPESHALL BE PROVIDED TO AN APPROVED ALTERNATIVE METHOD OF DIVERTING WATER AWAY FROMTHE FOUNDATION. SWALES USED FOR THIS PURPOSE SHALL BE SLOPED A MINIMUM OF 2PERCENT WHERE LOCATED WITHIN 10 FEET OF THE BUILDING FOUNDATION. IMPERVIOUSSURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED A MINIMUM OF 2PERCENT AWAY FROM THE BUILDING. WHERE CLIMATIC OR SOIL CONDITIONS WARRANT, THESLOPE OF THE GROUND AWAY FROM THE BUILDING FOUNDATION IS PERMITTED TO BE REDUCEDTO NOT LESS THAN ONE UNIT VERTICAL IN 48 UNITS HORIZONTAL (2-PERCENT SLOPE).7. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1803.5.8, WHERE FOOTINGS WILL BEARON COMPACTED FILL MATERIAL MORE THAN 12 INCHES IN DEPTH, THE COMPACTED FILL SHALLCOMPLY WITH THE PROVISIONS OF AN APPROVED GEOTECHNICAL INVESTIGATION REPORT,WHICH SHALL CONTAIN THE FOLLOWING: (1) SPECIFICATIONS FOR THE PREPARATION OF THE SITEPRIOR TO PLACEMENT OF COMPACTED FILL MATERIAL, (2) SPECIFICATIONS FOR MATERIAL TO BEUSED AS COMPACTED FILL, (3) TEST METHOD TO BE USED TO DETERMINE THE MAXIMUM DRYDENSITY AND OPTIMUM MOISTURE CONTENT OF THE MATERIAL TO BE USED AS COMPACTED FILL,(4) MAXIMUM ALLOWABLE THICKNESS OF EACH LIFT OF COMPACTED FILL MATERIAL, (5) FIELDTEST METHOD FOR DETERMINING THE IN-PLACE DRY DENSITY OF THE COMPACTED FILL, (6)MINIMUM ACCEPTABLE IN-PLACE DRY DENSITY EXPRESSED AS A PERCENTAGE OF THE MAXIMUMDRY DENSITY DETERMINED IN ACCORDANCE WITH ITEM 3, (7) NUMBER AND FREQUENCY OF FIELDTESTS REQUIRED TO DETERMINE COMPLIANCE WITH ITEM 6. COMPACTED FILL MATERIAL LESSTHAN 12 INCHES IN DEPTH NEED NOT COMPLY WITH AN APPROVED REPORT, PROVIDED IT HASBEEN COMPACTED TO A MINIMUM OF 90 PERCENT MODIFIED PROCTOR IN ACCORDANCE WITHASTM D 1557.EXCAVATION, GRADING AND FILL NOTES1. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1806, THE MAXIMUM ALLOWABLEFOUNDATION PRESSURE, LATERAL PRESSURE OR LATERAL SLIDING-RESISTANCE VALUES FORSUPPORTING SOILS NEAR THE SURFACE SHALL NOT EXCEED THE VALUES SPECIFIED IN THEFLORIDA BUILDING CODE TABLE 1806.2 UNLESS DATA TO SUBSTANTIATE THE USE OF A HIGHERVALUE ARE SUBMITTED AND APPROVED. PRESUMPTIVE LOAD-BEARING VALUES SHALL APPLY TOMATERIALS WITH SIMILAR PHYSICAL CHARACTERISTICS AND DISPOSITIONS. MUD, ORGANIC SILT,ORGANIC CLAYS, PEAT OR UNPREPARED FILL SHALL NOT BE ASSUMED TO HAVE A PRESUMPTIVELOAD-BEARING CAPACITY UNLESS DATA TO SUBSTANTIATE THE USE OF SUCH A VALUE ARESUBMITTED. A PRESUMPTIVE LOAD-BEARING CAPACITY IS PERMITTED TO BE USED WHERE THEBUILDING OFFICIAL DEEMS THE LOAD-BEARING CAPACITY OF MUD, ORGANIC SILT ORUNPREPARED FILL IS ADEQUATE FOR THE SUPPORT OF LIGHTWEIGHT AND TEMPORARYSTRUCTURES.2. ACCORDING TO THE FLORIDA BUILDING CODE SECTION 1808 AND 1809, FOOTINGS ANDSHALLOW FOUNDATIONS SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THEFLORIDA BUILDING CODE SECTIONS 1808.2 THROUGH 1808.9 AND 1809.2 THROUGH 1809.13.FOOTINGS AND SHALLOW FOUNDATIONS SHALL BE BUILT ON UNDISTURBED SOIL, COMPACTEDFILL MATERIAL OR CONTROLLED LOW-STRENGTH MATERIAL (CLSM). COMPACTED FILL MATERIALSHALL BE PLACED IN ACCORDANCE WITH THE FLORIDA BUILDING CODE SECTION 1804.6. CLSMSHALL BE PLACED IN ACCORDANCE WITH THE FLORIDA BUILDING CODE SECTION 1804.7. THE TOPSURFACE OF FOOTINGS SHALL BE LEVEL. THE BOTTOM SURFACE OF FOOTINGS IS PERMITTED TOHAVE A SLOPE NOT EXCEEDING ONE UNIT VERTICAL IN 10 UNITS HORIZONTAL (10-PERCENTSLOPE). FOOTINGS SHALL BE STEPPED WHERE IT IS NECESSARY TO CHANGE THE ELEVATION OFTHE TOP SURFACE OF THE FOOTING OR WHERE THE SURFACE OF THE GROUND SLOPES MORETHAN ONE UNIT VERTICAL IN 10 UNITS HORIZONTAL (10-PERCENT SLOPE). THE MINIMUM DEPTH OFFOOTINGS BELOW THE UNDISTURBED GROUND SURFACE SHALL BE 12 INCHES. WHEREAPPLICABLE, THE DEPTH OF FOOTINGS SHALL ALSO CONFORM TO THE FLORIDA BUILDING CODESECTIONS 1809.5.FOUNDATION AND SOILS NOTESSLOPELENGTH(FT)SEWER LINE SCHEDULESIZE &SEWERSTORMWATER COLLECTION SYSTEMLINEUPPER(%)ENDENDMATERIAL* CONTRACTOR TO FIELD VERIFY EXACT LOCATION, SIZE AND INVERT ELEVATION ONEXISTING STRUCTURES.LOWER55ST-12ST-110.36PIPE - 10440.34ST-13ST-1212" HP STORMPIPE - 168ST-1ST-20.4412" HP STORMPIPE - 2160ST-2ST-30.3412" HP STORM44ST-3ST-4PIPE - 30.5712" HP STORM18ST-5ST-6PIPE - 41.1112" HP STORM56ST-7ST-8PIPE - 50.6312" HP STORM46ST-8ST-9PIPE - 60.300.6324ST-10ST-3PIPE - 70.3346ST-11ST-10PIPE - 8PIPE - 912" HP STORM12" HP STORM12" HP STORMINV. ELEV.RIM/GRATE ELEV.STRUCTURESTRUCTURE SCHEDULESTORMWATER COLLECTION SYSTEM(FT)(FT)NUMBERTYPE OFSTRUCTUREBOTTOM ELEV.(FT)24" NYLOPLASTDRAIN BASINASSEMBLYST-125.50-----22.60ST-225.50-----22.30ST-325.50-----21.75ST-4----------21.50VAULT WALLOPENINGST-525.50-----22.50ST-721.5025.00CONTROL STRUCTUREFDOT TYPE "C" INLETPER FDOT INDEX 425-05221.50ST-821.1524.354' DIAM. PRECAST TYPEJ7 MANHOLE PER FDOTINDEX 425-00121.15ST-921.01 (NE)23.42EXISTING GRATE INLET21.0121.01 (SE)ST-6----------22.30VAULT WALLOPENING24" NYLOPLASTDRAIN BASINASSEMBLY24" NYLOPLASTDRAIN BASINASSEMBLY24" NYLOPLASTDRAIN BASINASSEMBLYST-1422.50 (S)26.70CONTROL STRUCTUREFDOT TYPE "H" INLETPER FDOT INDEX 425-05221.70ST-1525.30TYPE "F" WING INLETFOR STRAIGHT CURB21.58*ST-1021.9025.854' DIAM. PRECAST TYPEJ7 MANHOLE PER FDOTINDEX 425-00121.90ST-1124.50-----22.0524" NYLOPLASTDRAIN BASINASSEMBLYST-1224.50-----22.2024" NYLOPLASTDRAIN BASINASSEMBLYST-1325.50-----22.4024" NYLOPLASTDRAIN BASINASSEMBLY21.70 (N)121.58*300.33PIPE - 11ST-14ST-1312" HP STORM380.32PIPE - 12ST-14ST-15112" RCP21.01 (N)12" RCP STSTSTEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STEX. STWWT12"29"25"EWW30"11"9"6"5"11"X X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHP6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK WALLP I E R C E S T R E E T60' RIGHT-OF-WAY (P)FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659GRATE EL=24.52N IE=20.86SW IE=20.681 5 " R C P 15" RCPRIM EL=25.29NW IE=20.12NE IE=20.64SW IE=20.32SE IE=21.25E IE=14.03W IE=14.0348" RCP48" RCPRIM EL=26.29N IE=21.13NW IE=21.13NE IE=21.13S IE=22.3612" RCP12" RCP12" RCP 12" RCP RIM EL=24.39S IE=15.23W IE=14.30E IE=CAN'T SEE PIPE36" RCPGRATE EL=23.94NE IE=21.55N IE=23.20GRATE EL=23.42SE IE=21.01RIM EL=24.54N IE=21.18NE IE=21.88SW IE=20.03E IE=21.2312" RCP12" RCPRIM EL=25.58E IE=14.73W IE=14.7548" RCP48" RCP15" RCP15" RCP[][][][][][][][][]EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMSTST EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMTD D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN TD D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN TD D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN TDD DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN T D D DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN T D DDRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN T D DDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTE SALPOLYNSTSTST 25.025.025.0 25.0 25.025.025.025.025.0FLOOD ZONE 'X' FEMA MAP 12103C0108H(EFFECTIVE DATED: MAY 17, 2005)30 - URBAN LAND 0 TO 2PERCENT SLOPESINSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)CONTRACTOR TO INSTALLINLET PROTECTION PRIOR TOCOMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP.)CONTRACTOR TO INSTALLINLET PROTECTION PRIOR TOCOMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP.)50.0'20.0'STABILIZED CONSTRUCTIONENTRANCE, SEE CITYDETAIL 602 IN SHEET C-7.2TEMPORARY CONSTRUCTIONINGRESS AND EGRESSSOIL TRACKING PREVENTION DEVICE(STPD) SHALL BE CONSTRUCTED TOPREVENT OFFSITE TRACKING OF MUD.THE (STPD) SHALL BE IN ACCORDANCEWITH THE STATE OF FLORIDAEROSION CONTROL MANUAL PAGE 183.CONTRACTOR HAUL ROUTEINSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)INSTALL TYPE 3 SILT FENCE PER STATE OFFLORIDA EROSION AND SEDIMENT CONTROLDESIGNER AND REVIEWER MANUAL (LATESTEDITION) AROUND ENTIRE CONSTRUCTIONLIMITS PRIOR TO COMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP)CONTRACTOR TO INSTALLINLET PROTECTION PRIOR TOCOMMENCEMENT OF ANYCONSTRUCTION ACTIVITIES (TYP.)ST - 9STSTSTSTLAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-5.3STORMWATER POLLUTION PREVENTION PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW20214-15-21 1:20NOTES TO CONTRACTOR1. ASSURE COMPLIANCE WITH THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) DURINGCONSTRUCTION.2. CONTRACTOR IS RESPONSIBLE FOR DESIGNING, PROVIDING, AND MAINTAINING EFFECTIVEEROSION AND SEDIMENT CONTROL DURING CONSTRUCTION. THE CONTROL MEASURES MUSTENSURE THAT EROSION AND SEDIMENTATION WILL EITHER BE ELIMINATED OR MAINTAINEDWITHIN ACCEPTABLE LIMITS AS ESTABLISHED BY PINELLAS COUNTY ENVIRONMENTALSERVICES, FLORIDA DEPARTMENT OF ENVIRONMENTAL SERVICES, SOUTHWEST FLORIDAWATER MANAGEMENT DISTRICT, AND APPLICABLE TOWN REGULATIONS. IN THE EVENT SUCHPROTECTION IS INADEQUATE, IT WILL BE DEVELOPER'S RESPONSIBILITY TO REMOVE ANYDOWNSTREAM SILTATION PRIOR TO THE TIME OF FINAL INSPECTION.3. REQUIRED EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUTCONSTRUCTION. FAILURE TO INSTALL OR PROPERLY MAINTAIN THESE EROSION CONTROLMEASURES WILL RESULT IN ENFORCEMENT ACTION WHICH MAY INCLUDE CITATIONS, ASPROVIDED BY CHAPTERS 40D-4 AND 40D-40 F.A.C. INITIATION OF CIVIL PENALTY PROCEDURESPURSUANT TO SECTION 373.129, F.A.C. CAN RESULT IN A PENALTY NOT TO EXCEED $10,000 PEROFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURS CONSTITUTING A SEPARATEOFFENSE.4. NOTIFY THE OWNER IN WRITING IF OTHER SOURCES OF POLLUTION ARE BEING STORED, OROTHERWISE USED DURING CONSTRUCTION OF THE PROJECT (E.G; OILS, FUELS, FERTILIZERS,PESTICIDES, OTHER CHEMICALS, ETC). THIS NOTIFICATION SHALL BE ACCOMPANIED WITH THECONTRACTOR'S DESIGN INCLUDING MEANS AND METHODS TO BE USED TO PREVENT POLLUTIONFROM THESE SOURCES.5. IF RELEASES OF REPORTABLE QUANTITIES OF OIL, COMBUSTIBLES OR HAZARDOUS MATERIALOCCUR NOTIFY NATIONAL RESPONSE CENTER (800) 424-8802 IMMEDIATELY, NOTIFY PERMITTINGAUTHORITHY IN WRITING WITHIN 14 DAYS AND MODIFY THE POLLUTION PREVENTION PLAN TOINCLUDE THE DATE OF RELEASE, CIRCUNSTANCES LEADING TO THE RELEASE AND STEPS TAKENTO PREVENT REOCURRANCE OF THE RELEASE.6. INSPECT ALL EROSION CONTROL MEASURES REGULARLY DURING CONSTRUCTION (WEEKLY)AND AFTER EACH RAINFALL AND REPAIRE AND/OR REPLACE AS NECESSARY TO MAINTAINADEQUATE CONTROL OF EROSION AND SEDIMENTATION FOR THE DURATION OF THE PROJECT.7. TAKE ALL REASONABLE MEASURES TO ASSURE THAT SEDIMENTED AND/OR POLLUTEDSTORMWATER IS NOT DISCHARGED FROM THE SITE.8. USE DETENTION PONDS AS SEDIMENTATION BASINS OR CREATE SEDIMENTATION BASINS ASNEEDED.9. PREPARE INSPECTION REPORTS SUMMARIZING NAME OF INSPECTOR(S), QUALIFICATIONS OFINSPECTOR(S), MEASURES/AREAS INSPECTED, OBSERVED CONDITIONS AND CHANGESNECESSARY TO THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP).10. NOTIFY THE ENGINEER IN WRITING IF STORMWATER POLLUTION PREVENTION MEASURES AREINEFFECTIVE AND IF REVISION TO THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ARENEEDED.11.MAINTAIN RECORDS OF CONSTRUCTION ACTIVITIES, INCLUDING DATES WHEN MAJOR GRADINGACTIVITIES OCCUR, DATES WHEN CONSTRUCTION ACTIVITIES TEMPORARILY CEASE ON A PORTIONOF THE SITE, DATES WHEN CONSTRUCTION ACTIVITIES PERMANENTLY CEASE ON A PORTION OFTHE SITE AND DATES WHEN STABILIZATION MEASURES ARE INITIATED ON THE SITE.12. INITIATE SITE STABILIZATION MEASURES AS SOON AS PRACTICABLE IN PORTIONS OF THE SITEWHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED.13. MAINTAIN A COPY OF THE CONSTRUCTION PLANS WHICH INCLUDE THE CONSTRUCTIONSURFACE WATER MANAGEMENT PLAN (CSWMP) ON SITE.EROSION AND SEDIMENTATION CONTROL NOTES1. ALL EROSION AND SEDIMENT CONTROL BEST MANAGEMENT PRACTICES (BMP) IN ADDITION TOTHOSE PRESENTED ON THESE CONSTRUCTION DOCUMENTS SHALL BE IMPLEMENTED PRIOR TOSTART OF CONSTRUCTION AND MAINTAINED UNTIL CONSTRUCTION IS COMPLETE TO PREVENTTURBID DISCHARGES FROM FLOWING ONTO ADJACENT PROPERTY, ROADWAYS AND STREETS,AND SILTATION OF STORM SEWERS, WATERWAYS AND WETLANDS.2. THE INSTALLATION OF TEMPORARY EROSION CONTROL BARRIERS SHALL BE COORDINATEDWITH THE CONSTRUCTION OF THE PERMANENT EROSION CONTROL FEATURES TO THE EXTENTNECESSARY TO ASSURE ECONOMICAL, EFFECTIVE AND CONTINUOUS CONTROL OF EROSION ANDWATER POLLUTION THROUGHOUT THE LIFE OF THE CONSTRUCTION PHASE.3. THE TYPE OF EROSION CONTROL BARRIERS USED SHALL BE GOVERNED BY THE NATURE OFTHE CONSTRUCTION OPERATION AND SOIL TYPE THAT WILL BE EXPOSED. SILTY AND CLAYEYMATERIAL USUALLY REQUIRE SOLID SEDIMENT BARRIERS TO PREVENT TURBID WATERDISCHARGE, WHILE SANDY MATERIAL MAY NEED ONLY SILT SCREENS OR HAY BALES TO PREVENTEROSION. FLOATING TURBIDITY CURTAINS SHALL BE USED IN OPEN WATER SITUATIONS.DIVERSION DITCHES OR SWALES MAY BE REQUIRED TO PREVENT TURBID STORM WATER RUNOFFFROM BEING DISCHARGED TO WETLANDS OR OTHER WATER BODIES. IT MAY BE NECESSARY TOEMPLOY A COMBINATION OF BARRIERS, DITCHES AND OTHER EROSION/TURBIDITY CONTROLMEASURES IF CONDITIONS WARRANT.4. THE CONTRACTOR SHALL SCHEDULE CONSTRUCTION OPERATIONS SUCH THAT THE AREA OFUNPROTECTED ERODIBLE EARTH EXPOSED IS NOT LARGER THAN THE MINIMUM AREA NECESSARYFOR EFFICIENT CONSTRUCTION OPERATIONS, AND THE DURATION OF EXPOSED, UNCOMPLETEDCONSTRUCTION SHALL BE AS SHORT AS PRACTICABLE. CLEARING AND GRUBBING SHALL BESCHEDULED AND PERFORMED SO THAT GRADING OPERATIONS CAN FOLLOW IMMEDIATELYTHEREAFTER, AND GRADING OPERATIONS SHALL BE SCHEDULED AND PERFORMED SO THATPERMANENT EROSION CONTROL FEATURES CAN FOLLOW IMMEDIATELY THEREAFTER IFCONDITIONS ON THE PROJECT PERMIT.5. PERMANENT DETENTION AREA(S) AND/OR TEMPORARY SEDIMENTATION BASIN(S) SHALL BECONSTRUCTED AS A FIRST STEP IN THE LAND ALTERATION ACTIVITIES AS PART OF THECONSTRUCTION SURFACE WATER MANAGEMENT PLAN. THE CONTRACTOR SHALL CREATEPOSITIVE DRAINAGE FOR DIRECTING ANTICIPATED RUNOFF TO THE SEDIMENTATION BASINAREA(S). WHEN REQUIRED, DEWATERING SHALL INCLUDE PROVISIONS TO RETAIN AS MUCHWATER ON-SITE AS POSSIBLE.6. SEDIMENT BASINS, PERIMETER SWALES, SILT FENCES, BERMS, SEDIMENT TRAPS, VEGETATIVEBUFFERS AND OTHER MEASURES INTENDED TO DETAIN SEDIMENT AND/OR PREVENT THEMIGRATION OF SEDIMENT ONTO ADJACENT PROPERTIES, OR INTO EXISTING WATER BODIES,SHALL BE INSTALLED, CONSTRUCTED OR, IN THE CASE OF VEGETATIVE BUFFERS, PROTECTEDFROM DISTURBANCE, AS A FIRST STEP IN THE LAND ALTERATION ACTIVITIES. SILTATIONCONTROLS SHALL BE INSTALLED AND MAINTAINED AS REQUIRED BY THE ENGINEER TO ENSURESURFACE WATER QUALITY CONDITIONS ARE IN COMPLIANCE WITH STATE WATER QUALITYSTANDARDS.7. ALL STORMWATER INLETS, ON-SITE AND ADJACENT TO THE PROJECT, SHALL BE PROTECTEDUSING SEDIMENT TRAPS (I.E. STAKED HAY BALES) AND FILTER FABRIC SHALL BE PLACED BENEATHGRATES WHICH SHALL BE MAINTAINED AND REPLACED DURUNG CONSTRUCTION AS REQUIRED.8. ALL EXTERIOR SWALES, DITCHES AND CHANNELS SHALL BE SODDED WITHIN (3) DAYS OFEXCAVATION. ALL OTHER INTERIOR SWALES, DITCHES AND CHANNELS INCLUDING DETENTIONPONDS WILL BE SODDED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY.9. FILL MATERIAL STOCKPILES SHALL BE PROTECTED AT ALL TIMES BY ON-SITE DRAINAGECONTROLS WHICH PREVENT EROSION OF THE STOCKPILED MATERIAL. CONTROL OF DUST FROMSUCH STOCKPILED MATERIAL, MAY BE REQUIRED, DEPENDING UPON THEIR LOCATION AND THELENGTH OF TIME THE STOCKPILES WILL BE KEPT. IN NO CASE SHALL UNSTABILIZED STOCKPILEREMAIN MORE THAN THIRTY (30) DAYS.10. ALL EROSION AND SILTATION CONTROL DEVICES SHALL BE CHECKED WEEKLY, ESPECIALLYAFTER EACH RAINFALL AND WILL BE REPAIRED AND/OR REPLACED AS REQUIRED.11. TEMPORARY SEEDING AND MULCHING MAY BE APPLIED TO COVER BARE SOIL AND TOPREVENT WIND EROSION. SOLID BOARD FENCES, BURLAP FENCES, CRATE WALLS, BALES OF HAY,AND SIMILAR MATERIAL CAN BE USED TO CONTROL AIR CURRENTS AND BLOWN DUST. BARRIERSPLACED AT RIGHT ANGLES TO PREVAILING WIND CURRENTS AT INTERVALS OF ABOUT 15 TIMESTHE BARRIER HEIGHT ARE EFFECTIVE IN CONTROLLING WIND EROSION. IRRIGATION WITH WATERUNTIL THE SURFACE IS WET AND REPEATED AS NECESSARY CAN BE USED TO PREVENT WINDEROSION AND CONTROL BLOWN DUST. IF THIS METHOD IS TO BE EMPLOYED, THE CONTRACTORSHALL CONSTRUCT A TEMPORARY GRAVEL ROCK ENTRANCE OR A SOIL TRACKING PREVENTIONDEVICE (STPD) TO PREVENT OFFSITE TRACKING OF MUD ONTO LOCAL STREETS.12. THE CONTRACTOR SHALL REPORT ALL OFF-SITE SURFACE WATER DISCHARGES WITHTURBIDITY IN EXCESS OF 29 NTUS ABOVE BACKGROUND LEVEL TO AIR AND WATER QUALITYPROTECTION WITHIN 24 HOURS AFTER OCCURRENCE AS PER THE REQUIREMENTS OF THE NPDESPERMIT. NOTIFICATION SHALL INCLUDE CAUSE OF THE PROBLEM, CORRECTIVE ACTIONS TAKEN,AND INSTALLATION OF ADDITIONAL EROSION/SEDIMENT CONTROLS NOT SHOWN ON THEAPPROVED CONSTRUCTION PLAN DRAWINGS.13. WHEN CONSTRUCTION IS COMPLETE, THE PERMANENT DETENTION BASIN SHALL BEREGRADED AND RE-SODDED IN ACCORDANCE TO THE CONSTRUCTION PLANS. ANY SOD PLACEDON SLOPES EXCEEDING 3:1 TO BE ANCHORED BY STAKES, AND/OR ENGINEER'S APPROVEDMETHOD. PERMANENT DETENTION AREAS SHALL BE TOTALLY CLEANED OUT AND OPERATEPROPERLY AT FINAL INSPECTION AND AT THE END OF THE WARRANTY PERIOD.SITE SPECIFIC NOTES1. EXISTING SOILS: URBAN LAND 0 TO 2 PERCENT SLOPES2. HYDRAULIC CONDUCTIVITY: 9 INCHES / HOUR(FROM DOUBLE RING INFILTRATION TEST PERFORMED ON 3/2021)3. ESTIMATED SEASONAL HIGH WATER ELEVATION = 19.5 FT N.A.V.D.4. RECEIVING WATER BODY OR STORMWATER COLLECTION SYSTEM: STEVENSON CREEK (FRESH SEGMENT)5. FLOOD ZONE INFORMATION: ZONE "X" (FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NUMBER:12103C0108H, MAP REVISED 5/17/2005)6. APPROXIMATE CONSTRUCTION START DATE: 4/2022.7. APPROXIMATE CONSTRUCTION COMPLETION DATE: 8/2023.8. CONSTRUCTION SEQUENCE IS AS FOLLOWS: COMPLETE EROSION CONTROL INSTALLATION, DEMOLITION,CLEARING AND GRUBBING, EARTHWORK ACTIVITIES, STORMWATER SYSTEM CONSTRUCTION, UTILITYCONSTRUCTION, BASE AND PAVEMENT CONSTRUCTION, FINAL STABILIZATION.9. STORMWATER DRAINAGE FOR THE SITE IS CONVEYED TO A VAULT DISCHARGING TO FRANKLIN STREETAND PIERCE STREET EXISTING STORMWATER SYSTEMS.10. DEVELOPABLE AREA / CONSTRUCTION AREA: 47,426 SF (1.09 AC)TOTAL SITE AREA: 47,426 SF (1.09 AC)11. RUN-OFF CURVE NUMBERS ('CN' AVERAGE):PRE-DEVELOPMENT CONDITION: CN=44POST-DEVELOPMENT CONDITION: CN=6912. THE PROPOSED STORMWATER MANAGEMENT SYSTEM, FOLLOWING COMPLETION OF CONSTRUCTIONAND APPROPRIATE AS-BUILT SUBMITTALS AND ENGINEERING CERTIFICATIONS, WILL BE OPERATED ANDMAINTAINED BY BLUE PIERCE, LLC., 5300 W. CYPRESS STREET, SUITE 200, TAMPA, FLORIDA 33607.13. THE POTENTIAL SOURCE OF POLLUTION FROM THIS PROJECT IS SOIL EROSION DURING CONSTRUCTIONACTIVITIES.NOTES TO OWNER1. ASSURE THAT ALL EROSION CONTROL MEASURES ARE IN PLACE PRIOR TO COMMENCEMENT OFCONSTRUCTION ACTIVITIES AND BE MAINTAINED THROUGH CONSTRUCTION.2. PRIOR TO CONSTRUCTION SIGN AND SUBMIT A NOTICE OF INTENT FORM TO THEENVIRONMENTAL PROTECTION AGENCY AS PERMITTEE AND OPERATOR OF THIS FACILITY, ALONGWITH A NARRATIVE STATEMENT CERTIFYING THAT THE STORMWATER POLLUTION PREVENTIONPLAN (SWPPP) PROVIDES COMPLIANCE WITH APPROVED STATE OF FLORIDA ISSUED PERMITS,EROSION AND SEDIMENTATION CONTROL PLANS AND STORMWATER MANAGEMENT PLANS.3. SUBMIT TO THE ENVIRONMENTAL PROTECTION AGENCY, ALONG WITH THE ABOVECERTIFICATION, A COPY OF THE COVER PAGE OF THE STATE OF FLORIDA PERMIT ISSUED BY THEFLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND/OR THE SOUTHWEST FLORIDAWATER MANAGEMENT DISTRICT.4. SUBMIT TO THE ENVIRONMENTAL PROTECTION AGENCY A COPY OF THE NOTICE OF INTENT TOTHE APPLICABLE OPERATOR OF THE MUNICIPAL SEPARATE STORMWATER SYSTEM.5. SIGN AND SUBMIT A NOTICE OF TERMINATION FORM UPON COMPLETION OF CONSTRUCTIONAND FINAL STABILIZATION OF THE SITE TO THE ENVIRONMENTAL PROTECTION AGENCY AND ALLAPPLICABLE GOVERNMENTAL ENTITIES.LEGENDFLOW DIRECTIONEXISTINGELEVATIONPROPOSEDELEVATIONPROPOSED EROSIONCONTROL26.50STPROPOSED STORMSEWER LINEEX. STEXISTING STORMSEWER LINEEXISTINGPROPERTY LINEPROPOSED GRATEINLET PROTECTIONPROPOSED CURBINLET PROTECTION LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-5.4STORMWATER POLLUTION PREVENTION CERTIFICATION BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21NOTE: THE GENERAL CONTRACTOR SHALL FILL IN THE BLANKS AS INFORMATION BECOMES AVAILABLE. THE GENERAL CONTRACTOR SHALL REQUIRE ALL SUBCONTRACTORS TOSIGN THIS PLAN AND MAKE THEM COMPLY WITH ALL REQUIREMENTS OF THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) DURING CONSTRUCTION.STRUCTURAL PRACTICES1. THE SILT FENCE SURROUNDING THE CONSTRUCTION SITE WILL BE THE PRIMARYMETHOD TO CONTROL THE QUALITY OF RUNOFF UNTIL THE PERMANENTSTORMWATER MANAGEMENT SYSTEM IS INSTALLED AND OPERATIONAL. TEMPORARYSILT BARRIERS SUPPLIER SPECIFIC ATTACHMENTS MAY BE INSTALLED TO PROTECTTHE NEWLY INSTALLED STORMWATER MANAGEMENT SYSTEM UNTIL THE DRAINAGEAREAS ARE STABILIZED. THE CONTRACTOR WILL PROTECT ALL STORMWATER INLETSWITHIN AFFECTED AREAS TO PREVENT SILT OR SEDIMENT FROM ENTERING THEPUBLIC STORWATER MANAGEMENT SYSTEM. THIS CAN BE ACCOMPLISHED THROUGHSEVERAL COMMONLY ACCEPTED PRACTICES SUCH AS SAND BAGS, INFILTRATION PIPEWRAPPED IN GEOTEXTILE, ETC.2. SEDIMENT BASINS ARE NOT REQUIRED FOR SITES UNDER 10 ACRES BUT ARERECOMMENDED DEPENDING UPON THE EXPECTED PRECIPITATION DURING THECONSTRUCTION PERIOD. SEDIMENT BASINS OR TRAPS SHOULD NOT BECONSTRUCTED IN THE STORMWATER MANAGEMENT POND AREAS UNLESSACCUMULATED SEDIMENT AND SILT ARE REMOVED FROM THE SITE ONCECONSTRUCTION IS COMPLETE AND AS LONG AS THE CONSTRUCTION EQUIPMENTREMOVING THE ACCUMULATED SEDIMENT AND SILT WILL NOT EXCESSIVELY COMPACTTHE AREA WITHIN THE POND HINDERING INFILTRATION OF THE SOILS.START DATESTORMWATER POLLUTION PLAN CERTIFICATIONI CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WEREPREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH A SYSTEMDESIGNED TO ASSURE THAT QUALIFIED PERSONEEL PROPERLY GATHERED ANDEVALUATED THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF THE PERSON ORPERSON WHO MANAGE THE SYSTEM, OR THOSE PERSONS DIRECTLY RESPONSIBLE FORGATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF MYKNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THEREARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THEPOSSIBILITY OF FINE AND IMPRISONMENT FOR KNOWING VIOLATIONS.SIGNED:_________________________________DATE:___________________________NAME & TITLE:___________________________________________________________________NOTE: THE INDIVIDUAL SIGNING THIS IS THE SAME INDIVIDUAL WHO SIGNS (ED) THE NOTICEOF INTENT (NOI) SECTION VI CERTIFICATION.CONTRACTOR'S CERTIFICATIONI CERTIFY UNDER PENALTY OF LAW THAT I UNDERSTAND THE TERMS AND CONDITIONS OFTHE GENERAL NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITTHAT AUTHORIZES THE STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIALACTIVITY FROM THE CONSTRUCTION SITE IDENTIFIED AS PART OF THIS CERTIFICATION.GENERAL CONTRACTOR FIRM: ____________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------SUBCONTRACTOR FIRM: _________________________________________________________ADDRESS: ______________________________________________________________________SIGNATURE: _____________________________________ TELEPHONE: ___________________NAME: ___________________________________________ TITLE: ________________________RESPONSIBLE FOR: _____________________________________________________________--------------------------------------------------------------------------------------------------------------------------------------CONTROLS FOR OTHER POTENTIAL POLLUTANTS1. WASTE MATERIALS - ALL WASTE MATERIALS WILL BE COLLECTED AND STORED SECURELY IN DUMPSTERS. SEPARATEDUMPSTERS WILL BE MAINTAINED FOR COMMON TRASH AND CONSTRUCTION DEBRIS IN THAT THESE ARE DISPOSED OF ATDIFFERENT LOCATIONS. COMMON TRASH WILL BE CONNECTED AND STORED IN A LIDDED DUMPSTER TO PREVENT WINDBLOWN DISTRIBUTION AND ACCESS BY VECTORS OR ANIMALS. THE DUMPSTERS WILL MEET LOCAL GOVERNING AGENCY'SSOLID WASTE REGULATIONS AND WILL BE DUMPED A MINIMUM OF ONCE A WEEK OR MORE OFTEN AS REQUIRED. NO WASTEMATERIALS WILL BE BURIED ON- SITE. ALL PERSONNEL WILL BE INSTRUCTED ON PROPER WASTE HANDLING AND DISPOSALPROCEDURES.2. HAZARDOUS WASTE - ALL HAZARDOUS WASTE MATERIALS WILL BE DISPOSED OF IN THE MANNER SPECIFIED BY THE LOCALGOVERNING AGENCY, THE STATE OF FLORIDA, FEDERAL GOVERNMENT, OR BY THE MANUFACTURER, SITE PERSONNEL WILLBE INSTRUCTED IN THE PRACTICES.3. SANITARY WASTE - ALL SANITARY WASTE WILL BE COLLECTED FROM PORTABLE UNITS A MINIMUM OF THREE TIMES PERWEEK BY _____________________________COMPANY, LICENSED IN GOVERNING JURISDICTION AS A SANITARY WASTEMANAGEMENT CONTRACTOR.OFF-SITE VEHICLE TRACKING AND DUST CONTROLA STABILIZED CONSTRUCTION ENTRANCE WILL BE PROVIDED AND MAINTAINED TO HELP REDUCE VEHICLE TRACKING OFSEDIMENTS. ALL STREETS WITH CONSTRUCTION ENTRANCES WILL BE SWEPT DAILY TO REMOVE ANY EXCESS MUD, DIRT ORROCK TRACKED FROM THE SITE. DUMP TRUCKS HAULING MATERIAL FROM THE CONSTRUCTION SITE WILL BE COVERED WITHA TARPAULIN. BASED UPON SITE CONDITIONS, WATER WILL BE SPRAYED BY MECHANICAL MEANS TO CONTROL FUGITIVEDUST EMISSIONS PREVENTING THEM FROM LEAVING THE CONSTRUCTION SITE.MAINTENANCE / INSPECTION PROCEDURESEROSION AND SEDIMENT CONTROL INSPECTION AND MAINTENANCE PRACTICES.THESE ARE THE INSPECTION AND MAINTENANCE PRACTICES THAT WILL BE USED TO MAINTAIN EROSION AND SEDIMENTCONTROLS.1. ALL CONTROL MEASURES WILL BE INSPECTED AT LEAST ONCE EACH WEEK AND WITHIN 24 HOURS OF THE END OF ANYSTORM EVENT OF 0.5 INCHES OR GREATER AS FOLLOWS: DISTURBED AREA AND AREAS USED FOR STORAGE OF MATERIALSTHAT ARE EXPOSED TO PRECIPITATION SHALL BE INSPECTED FOR EVIDENCE OF, OR POTENTIAL FOR, POLLUTANTSENTERING THE STORMWATER SYSTEM. THE STORMWATER MANAGEMENT SYSTEM AND EROSION AND SEDIMENT CONTROLMEASURES IDENTIFIED IN THE PLAN SHALL BE OBSERVED TO ENSURE THAT THEY ARE OPERATING CORRECTLY. DISCHARGELOCATIONS OR POINTS SHALL BE INSPECTED TO ASCERTAIN WHETHER EROSION AND SEDIMENT CONTROL ANDSTORMWATER TREATMENT MEASURES ARE EFFECTIVE IN PREVENTING OR MINIMIZING THE DISCHARGE OF POLLUTANTSINCLUDING RETAINING SEDIMENT ON-SITE. LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE SHALL BE INSPECTEDFOR EVIDENCE OF OFFSITE SEDIMENT TRACKING.2. ALL MEASURES WILL BE MAINTAINED IN GOOD WORKING ORDER; IF A REPAIR IS NECESSARY, IT WILL BE INITIATED WITHIN24 HOURS OF THE REPORT AND SHALL BE COMPLETE WITHIN 7 CALENDAR DAYS FOLLOWING THE INSPECTION.3. BUILT UP SEDIMENT WILL BE REMOVED FROM SILT FENCE WHEN IT HAS REACHED ONE-THIRD THE HEIGHT OF THE FENCE.4. SILT FENCE WILL BE INSPECTED FOR DEPTH OF SEDIMENT, TEARS, TO SEE IF THE FABRIC IS SECURELY ATTACHED TO THEFENCE POSTS, AND TO SEE THAT THE FENCE POSTS ARE FIRMLY IN THE GROUND.5. THE SEDIMENT BASIN WILL BE INSPECTED FOR THE DEPTH OF SEDIMENT AND BUILT UP SEDIMENT WILL BE REMOVEDWHEN IT REACHES 10 PERCENT OF THE DESIGN CAPACITY OR AT THE END OF THE JOB.6. ANY DIVERSION DIKE WILL BE INSPECTED AND BREACHES PROMPTLY REPAIRED.7. TEMPORARY AND PERMANENT SEEDING AND PLANTING WILL BE INSPECTED FOR BARE SPOTS, WASHOUTS, AND HEALTHYGROWTH.8. A MAINTENANCE INSPECTION REPORT WILL BE MADE AFTER EACH INSPECTION. A COPY OF THE REPORT FORM TO BECOMPLETED BY THE INSPECTOR IS SHOWN ON THIS SHEET.9. THE GENERAL CONTRACTOR'S ON-SITE FOREMAN WILL SELECT THREE INDIVIDUALS WHO WILL BE RESPONSIBLE FORINSPECTION, MAINTENANCE AND REPAIR ACTIVITIES, AND FILLING OUT THE INSPECTION AND MAINTENANCE REPORT.10. PERSONNEL SELECTED FOR INSPECTION AND MAINTENANCE RESPONSIBILITIES WILL RECEIVE TRAINING THROUGH THEGENERAL CONTRACTOR. THEY WILL BE TRAINED IN ALL THE INSPECTION AND MAINTENANCE PRACTICES NECESSARY FORKEEPING THE EROSION AND SEDIMENT CONTROLS USED ON-SITE IN GOOD WORKING ORDER.11. A QUALIFIED INSPECTOR IS DEFINED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AS A PERSONTHAT HAS SUCCESSFULLY COMPLETED AND MET ALL REQUIREMENTS NECESSARY TO BE FULLY CERTIFIED THROUGH THEFDEP STORMWATER, EROSION, AND SEDIMENTATION CONTROL INSPECTOR TRAINING PROGRAM; HAS SUCCESFULLYCOMPLETED AN EQUIVALENT FORMAL TRAINING OR PRACTICAL EXPERIENCE IN THE FILED OF STORMWATER POLLUTIONPREVENTION AND EROSION AND SEDIMENT CONTROL.RETENTION OF RECORDS1. THE PERMITTEE OWNER SHALLL RETAIN COPIES OF THE STORMWATER POLLUTION PREVENTION PLANS AND ALL REPORTSREQUIRED BY THIS PERMIT, AND RECORDS OF ALL DATA USED TO COMPLETE THE NOTICE OF INTENT TO BE COVERED BYTHIS PERMIT, FOR A PERIOD OF AT LEAST THREE YEARS FROM THE DATE THAT THE SITE IS FINALLY STABILIZED.2. THE PERMITTEE GENERAL CONTRACTOR SHALL RETAIN A COPY OF THE STORMWATER POLLUTION PREVENTION PLAN ANDALL REPORTS, RECORDS AND DOCUMENTS REQUIRED BY THIS PERMIT AT THE CONSTRUCTION SITE, OR AN APPROPRIATEALTERNATIVE LOCATION AS SPECIFIED IN THE NOI, FROM THE DATE OF PROJECT INITIATION TO THE DATE OF FINALSTABILIZATION. ALL OF THESE RECORDS, DOCUMENTS, ETC. WILL BE PRESENTED TO THE OWNER TO BE RETAINED FOR THEPERIOD SPECIFIED ABOVE.NON-STORMWATER DISCHARGESIT IS EXPECTED THAT THE FOLLOWING NON-STORMWATER DISCHARGES WILL OCCUR FROM THE SITE DURING THECONSTRUCTION PERIOD. AL NON-STORMWATER DISCHARGES WILL BE DIRECTED INTO A SEDIMENT BASIN PRIOR TODISCHARGE IF THE DISCHARGE IS NOT CAPTURED BY THE SILT FENCE PRIOR TO CONSTRUCTION OF THE ON-SITESTORMWATER MANAGEMENT SYSTEM OR ENTERS THE ON-SITE STORMWATER MANAGEMENT SYSTEM.1. WATER FORM WATER LINE FLUSHING.2. PAVEMENT WASH WATERS WHERE NO SPILLS OR LEAKS OF TOXIC OR HAZARDOUS MATERIALS HAVE OCURRED.3. UNCONTAMINATED GROUNDWATER FROM DE-WATERING EXCAVATION.4. WATER FROM HIRE FIGHTING ACTIVITIES.SPILL PREVENTIONMATERIAL MANAGEMENT PRACTICESTHE FOLLOWING ARE THE MATERIAL MANAGEMENT PRACTICES THAT WILL BE USED TO REDUCE THE RISK OF SPILLS OROTHER ACCIDENTAL EXPOSURE OF MATERIALS AND SUBSTANCES TO STORMWATER RUNOFF.HOUSEKEEPING PRACTICESTHE FOLLOWING HOUSEKEEPING PRACTICES WILL BE FOLLOWED ON-SITE DURING THE CONSTRUCTION PROJECT:1. AN EFFORT WILL BE MADE TO STORE ONLY ENOUGH PRODUCT REQUIRED TO DO THE JOB.2. ALL MATERIALS STORED ON-SITE WILL BE STORED IN A NEAT, ORDERLY MANNER IN THEIR APPROPRIATE CONTAINERS AND, IF POSSIBLE, UNDER A ROOF OR OTHER ENCLOSURE.3. PRODUCTS WILL BE KEPT IN THEIR ORIGINAL CONTAINERS WITH THE ORIGINAL MANUFACTURER'S LABEL.4. SUBSTANCES WILL NOT BE MIXED WITH ONE ANOTHER UNLESS RECOMMENDED BY THE MANUFACTURER.5. WHENEVER POSSIBLE, ALL OF PRODUCT WILL BE USED BEFORE DISPOSING OF THE CONTAINER.6. MANUFACTURER'S RECOMMENDATIONS FOR PROPER USE AND DISPOSAL WILL BE FOLLOWED.7. THE GENERAL CONTRACTOR'S ON-SITE PROJECT FOREMAN WILL INSPECT DAILY TO ENSURE PROPER USE AND DISPOSALOF MATERIALS.HAZARDOUS PRODUCTSTHESE SERVICES WILL BE USED TO REDUCE THE RISKS ASSOCIATED WITH HAZARDOUS MATERIALS:1. PRODUCTS WILL BE KEPT IN ORIGINAL CONTAINERS UNLESS THEY CANNOT BE RESEALED.2. ORIGINAL LABELS AND MATERIAL SAFETY DATA WILL BE RETAINED; THEY CONTAIN IMPORTANT PRODUCT INFORMATION.3. IF SURPLUS PRODUCT MUST BE DISPOSED OF, MANUFACTURER'S OR LOCAL/STATE/FEDERAL RECOMMENDED METHODSFOR PROPER DISPOSAL WILL BE FOLLOWED.PRODUCT SPECIFIC PRACTICESTHE FOLLOWING PRODUCT SPECIFIC PRACTICES WILL BE FOLLOWED ON-SITE:PETROLEUM PRODUCTS - ALL ON-SITE VEHICLES WILL BE MONITORED FOR LEAKS AND RECEIVE REGULAR PREVENTATIVEMAINTENANCE TO REDUCE THE CHANCE OF LEAKAGE. PETROLEUM PRODUCTS WILL BE STORED IN TIGHTLY SEALEDCONTAINERS WHICH ARE CLEARLY LABELED.ANY ASPHALT SUBSTANCES USED ON-SITE WILL BE APPLIED TO THE MANUFACTURER'S RECOMMENDATIONS.FERTILIZE - FERTILIZERS USED WILL BE APPLIED ONLY IN THE MINIMUM AMOUNTS RECOMMENDED BY THE MANUFACTURER.ONCE APPLIED, FERTILIZER WILL BE WORKED INTO THE SOIL TO LIMIT EXPOSURE TO STORMWATER. STORAGE WILL BE IN ACOVERED SHED. THE CONTENTS OF ANY PARTIALLY USED BAGS OF FERTILIZER WILL BE TRANSFERRED TO A SEALABLEPLASTIC BIN TO AVOID SPILLS.PAINTS - ALL CONTAINERS WILL BE TIGHTLY SEALED AND STORE WHEN NOT REQUIRED FOR USE. EXCESS PAINT WILL NOT BEDISCHARGED TO ON-SITE OR COUNTY STORMWATER MANAGEMENT SYSTEMS, BUT WILL BE PROPERLY DISPOSED OFACCORDING TO THE MANUFACTURER'S INSTRUCTIONS OR LOCAL, STATE, FEDERAL REGULATIONS.CONCRETE TRUCKS - CONCRETE TRUCKS WILL NOT BE ALLOWED TO WASH OUT OR DISPOSE OF SURPLUS CONCRETE ORDRUM WASH WATER ON THIS SITE.SPILL PRACTICESIN ADDITION TO THE GOOD HOUSEKEEPING AND MATERIAL MANAGEMENT PRACTICES DISCUSSED IN THE PREVIOUSSECTIONS OF THIS PLAN, THE FOLLOWING PRACTICES WILL BE FOLLOWED FOR SPILL PREVENTION CLEANUP:1. MANUFACTURE'S RECOMMENDED METHODS FOR SPILL CLEANUP WILL BE CLEARLY POSTED AND SITE PERSONNEL WILL BEMADE AWARE OF THE PROCEDURES AND LOCATION OF THE INFORMATION AND CLEANUP SUPPLIES.2. MATERIAL AND EQUIPMENT NECESSARY FOR SPILL CLEANUP WILL BE KEPT IN THE MATERIAL STORAGE AREA ON-SITE.EQUIPMENT AND MATERIALS WILL INCLUDE BUT NOT BE LIMITED TO BROOMS, DUST PANS, MOPS, SHOVELS, RAGS, GLOVES,KITTY LITTER,SAND,SAWDUST, AND PLASTIC AND METAL TRASH CONTAINERS SPECIFICALLY FOR THIS PURPOSE.3. ALL SPILLS WILL BE CLEANED UP AFTER DISCOVERY.4. THE SPILL AREA WILL BE KEPT WELL VENTILATED AND PERSONNEL WILL WEAR APPROPRIATE PROTECTIVE CLOTHING TOPREVENT INJURY FROM CONTACT WITH A HAZARDOUS SUBSTANCE.5. SPILLS OF TOXIC OR HAZARDOUS MATERIAL WILL BE REPORTED TO THE STATE WARNING POINT AS EARLIER DESCRIBEDREGARDLESS OF SIZE.6. THE SPILL PREVENTION PLAN WILL BE ADJUSTED TO INCLUDE MEASURES TO PREVENT THIS TYPE OF SPILL FROMREOCCURRING AND HOW TO CLEAN UP THE SPILL IF THERE IS ANOTHER ONE, A DESCRIPTION OF THE SPILL, WHAT CAUSEDIT, AND THE CLEANUP MEASURES WILL ALSO BE INCLUDED.7. THE GENERAL CONTRACTOR'S ON-SITE PROJECT FOREMAN RESPONSIBLE FOR THE DAY-TO-DAY SITE OPERATIONS WILLBE THE SPILL PREVENTION AND CLEANUP COORDINATOR. THE PROJECT FOREMAN WILL DESIGNATE AT LEAST THREEOTHER SITE PERSONNEL WHO WILL RECEIVE SPILL PREVENTION AND CLEANUP TRAINING. THESE INDIVIDUALS WILL EACHBECOME RESPONSIBLE FOR A PARTICULAR PHASE OF PREVENTION AND CLEANUP. THE NAMES OF THE RESPONSIBLE SPILLPERSONNEL WILL BE POSTED IN THE MATERIAL STORAGE AREA, IN THE OFFICE TRAILER ON-SITE AND NEAR THIS PLAN.________________________________________DATE____________________________________________________NAME (RESPONSIBLE AUTHORITY)PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AMAWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT FOR KNOWING.QUALIFIED PERSONNEL PROPERLY GATHERED AND EVALUATED THE INFORMATION SUBMITTED. BASED UPON MY INQUIRY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM, OR THOSE I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECT SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THATSTORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES IF THERE ARE NOT ANY INCIDENTS OF NON-COMPLIANCE IDENTIFIED ABOVE.THE ABOVE SIGNATURE ALSO SHALL CERTIFY THAT THIS FACILITY IS IN COMPLIANCE WITH THE STORMWATER POLLUTION PREVENTION PLAN AND THE STATE OF FLORIDA GENERIC PERMIT FOR_________________________________________________________________________________________________________________________________________DATEQUALIFICATIONNAME33. OTHER32. DAM31. WASTE DISPOSAL / HOUSEKEEPING30. RETENTION POND29. DETENTION POND28. TREE PROTECTION27. RIP-RAP26. GEOTEXTILE25. SAND BAG24. MULCH23. PERMANENT SEED / SOD22. TEMPORARY SEED / SOD21. SEDIMENT BASIN20. GABION19. REINFORCED SOIL RETAINING SYSTEM18. ROCK OULET PROTECTION17. PAVED ROAD SURFACE16. CURB AND GUTTER15. PERIMETER DITCH14. CONSTRUCTION ENTRANCE STABILIZATION13. RETENTION POND12. VEGETATIVE PRESERVATION AREA11. VEGETATIVE BUFFER STRIP10. STORM DRAIN INLET PROTECTIONINSPECTOR INFORMATION:9. LEVEL SPREADERS8. PIPE SLOPE DRAIN7. SUBSURFACE DRAIN6. CHECK DAM5. SEDIMENT TRAP4. SWALE3. STRUCTURAL DIVERSION2. EARTH DIKES1. SILT FENCELOCATIONP = POOR, NEEDS IMMEDIATE MAINTENANCE OR REPLACEMENTO = OTHERM = MARGINAL, NEEDS MAINTENANCE OR REPLACEMENT SOONC = NEEDS TO BE CLEANEDG = GOODCORRECTIVE ACTION / OTHER REMARKSCURRENT CONDITION(SEE BELOW)MODIFIEDDATE INSTALLED / (SEE BELOW)TYPE OF CONTROLRAIN DATALOCATIONFDEP NPDES STORMWATER IDENTIFICATION NUMBER: _____________________________________PROJECT NAME ___________________________________________________________________INSPECTION MUST OCCUR AT LEAST ONCE A WEEK AND WITHIN 24 HOURS OF THE END OF A STORM EVEN THAT IS 0.50 INCHES OR GREATERSTORMWATER POLLUTION PREVENTION PLAN INSPECTION REPORT FORMCONDITION CODE:CONTROLSEROSION AND SEDIMENT CONTROLS - STABILIZATION1. TEMPORARY STABILIZATION - SOIL AND BASE MATERIALS STAGED, STOCKPILED, ORSTORED ON-SITE ALONG WITH ANY DISTURBED PORTIONS OF THE SITE WHERECONSTRUCTION ACTIVITY TEMPORARILY CEASES FOR AT LEAST 21 DAYS WILL BESTABILIZED WITH TEMPORARY SEED AND STRAW MULCH NOT LATER THAN 14 DAYSFROM THE LAST CONSTRUCTION ACTIVITY IN THAT AREA. THE TEMPORARY SEEDSHALL BE APPLIED AT A RATE TO ENSURE APPROPRIATE COVERAGE TO PREVENTEROSION. FERTILIZATION WILL BE PROVIDED PRIOR TO SEEDING. AFTER SEEDING,STRAW MULCH OR MATTING MATERIAL WILL BE APPLIED IN ORDER TO PREVENTEROSION AND HOLD THE SEED UNTIL IT GERMINATES AND IS ESTABLISHED.APPLICATION RATES AND THE CHOICES OF STRAW OR MATTING IS SLOPE DEPENDENT,SUB-BASE AND BASE MATERIALS WILL BE APPLIED TO PAVED AREAS AND COMPACTEDTO TEMPORARILY STABILIZE THEM UNTIL PAVEMENT IS APPLIED. TEMPORARYSTABILIZATION STRUCTURES AND MATERIALS WILL BE MAINTAINED UNTILCONSTRUCTION ACTIVITIES ARE COMPLETE.2. PERMANENT STABILIZATION - DISTURBED PORTIONS OF THE SITE WHERECONSTRUCTION ACTIVITIES PERMANENTLY CEASE SHALL BE STABILIZED WITH SOD OROTHER GROUND COVER AS DESCRIBED IN THE LANDSCAPE PLANS NOT LATER THAN14 DAYS AFTER THE LAST CONSTRUCTION ACTIVITY THE SOD AND OTHER PLANTINGSSHALL BE MAINTAINED IN A MANNER TO PRESERVE AND MAINTAIN HEALTHY GROWTH.DISTURBED BY REMOVAL ACTIVITIESCONTROL, RE-GRADE AND RE-SOD ANY AREASTEMPORARY EROSION AND SEDIMENT COMPLETE AND SITE IS STABILIZED, REMOVEO. WHEN ALL CONSTRUCTION ACTIVITY ISN. COMPLETE PAVING (IF APPLICABLE)LAST OF SOD AND PLANTINGSM. COMPLETE FINAL GRADING AND INSTALLL. INSTALL IRRIGATION SYSTEMK. INSTALL CURBING AND GUTTERSJ. INSTALL UTILITIESI. CONSTRUCT BUILDINGSI. CONSTRUCT BUILDINGSPAVEMENT.UNDER BUILDING FOOTPRINTS ANDH. ADD FILL, GRADE AND STABILIZE AREASEDIMENT CONTROLSYSTEM ALONG WITH TEMPORARY DRAING. INSTALL STORMWATER MANAGEMENTAREALAST CONSTRUCTION ACTIVITY IN A SPECIFIC STOCKPILES WITH 14 CALENDAR DAYS OFF. STABILIZE DENUDED AREAS AND PONDE. EXCAVATE STORMWATER MANAGEMENT D. PILE AND REMOVE EXCESS TOP SOIL SILT FENCEC. SELECTIVELY CLEAR & GRUB SITE WITHIN ENTRANCEB. INSTALL STABILIZED CONSTRUCTION AND SEDIMENT CONTROL - SILT FENCECONTRACTOR OR SUBCONTRACTORRESPONSIBLESEQUENCE OF MAJOR ACTIVITYA. INSTALL TEMPORALY PERIMETER EROSIONNOTES TO CONTRACTOR1. FEDERAL LAW PROHIBITS THE POINT SOURCE DISCHARGE OF POLLUTANTS, INCLUDING THE DISCHARGEOF STORMWATER ASSOCIATED WITH LARGE OR SMALL CONSTRUCTION ACTIVITIES TO WATER OF THEUNITED STATES WITHOUT A NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.UNDER THE STATE OF FLORIDA'S AUTHORITY TO ADMINISTER THE NPDS STORMWATER PROGRAM,OPERATORS THAT HAVE STORMWATER DISCHARGE ASSOCIATED WITH LARGE OR SMALL CONSTRUCTIONACTIVITIES TO SURFACE WATERS OF THE STATE, INCLUDING THROUGH A MUNICIPAL SEPARATE STORMSEWER SYSTEM (MS4), MUST OBTAIN COVERAGE EITHER UNDER THE GENERIC PERMIT OR AN INDIVIDUALPERMIT.2. THERE A SPECIFIC ELIGIBILITY CRITERIA AND LIMITATIONS ON COVERAGE THAT CAN BE REVIEWED INTHE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GENERIC PERMIT FORSTORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES DATED MAY 2003(HENCEFORTH REFERRED TO AS "THE GENERIC PERMIT"). ACTIVITIES SPECIFICALLY DESCRIBED IN THISSTORMWATER POLLUTION PREVENTION PLAN (SWPPP) ARE COVERED. ANY ACTIVITY NOT SPECIFICALLYDISCUSSED IN THIS SWPPP MAY NOT BE COVERED AND SHOULD INMEDIATELY BE IDENTIFY TO THE TO THESIGNATURE AUTHORITY (OWNER AND GENERAL CONTRACTOR) ON THE POSTED NOTICE OF INTENT (NOI).3. OPERATOR SEEKING COVERAGE UNDER THIS GENERIC PERMIT TO AUTHORIZE STORMWATERDISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY FOR NEW LARGE OR SMALL CONSTRUCTIONACTIVITIES SHALL FILE AN NOI FOR COVERAGE UNDER THIS PERMIT AT LEAST TWO (2) DAYS BEFORECOMMENCEMENT OF CONSTRUCTION. SHOULD THE OPERATOR CHANGE DURING CONSTRUCTION, THENEW OPERATOR SHALL FILE AN NOI FOR COVERAGE UNDER THIS PERMIT AT LEAST TWO (2) DAYS BEFOREASSUMING CONTROL OF THE PROJECT AND THE PREVIOUS OPERATOR SHALL FILE A NOTICE OFTERMINATION (NOT) TO TERMINATE PERMIT COVERAGE.4. A COPY OF THE NOI CONFIRMING COVERAGE UNDER THIS GENERIC PERMIT SHALL BE POSTED AT THECONSTRUCTION SITE IN A PROMINENT PLACE FOR PUBLIC VIEWING.5. THE PERIOD OF COVERAGE UNDER THIS GENERIC PERMIT IS EFFECTIVE TWO (2) DAYS AFTER THE DATEOF SUBMITTAL OF THE COMPLETE NOI TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP). COVERAGE UNDER THIS GENERIC PERMIT IS LIMITED TO A TERM NOT TO EXCEED FIVE (5) YEARSFROM THE EFFECTIVE DATE OF COVERAGE.6. EXCEPT AS NOTED IN THE GENERIC PERMIT, ALL DISCHARGES COVERED BY THIS PERMIT SHALL BECOMPOSED ENTIRELY OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY AND DISCHARGESOF MATERIAL OTHER THAN STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY MUST BE INCOMPLIANCE WITH AN FDEP PERMIT (OTHER THAN THIS PERMIT) ISSUED FOR THE DISCHARGE OR BEEXEMPT FROM PERMITTING.7. THE FOLLOWING NON-STORMWATER DISCHARGES MAY BE AUTHORIZED BY THIS PERMIT PROVIDED THENON-STORMWATER COMPONENT OF THE DISCHARGE IS IN COMPLIANCE WITH THE GENERIC PERMIT ANDTHE DISCHARGE ACTIVITIES ARE LISTED AND DESCRIBED IN THE STORMWATER POLLUTION PREVENTIONPLAN (SWPPP) PROVIDED BELOW: DISCHARGES FORM FIRE FIGHTING ACTIVITIES, FIRE HYDRANT FLUSHING,WATERS USED TO SPRAY OFF LOOSE SOLIDS FROM VEHICLES (WASTEWATERS FORM A MORE THOROUGHCLEANING, INCLUDING THE USE OF DETERGENTS OR OTHER CLEANERS, IS NOT AUTHORIZED BY THISPERMIT) OR CONTROL DUST, POTABLE WATER SOURCES INCLUDING WATERLINE FLUSHING, IRRIGATIONDRAINAGE, ROUTINE EXTERNAL BUILDING WASHDOWN WHICH DOES NOT US DETERGENTS, PAVEMENTWASTEWATER WHERE SPILLS OR LEAKS OF TOXIC OR HAZARDOUS MATERIALS HAVE NOT OCCURRED(UNLESS ALL SPILL MATERIAL HAS BEEN REMOVED) AND WHERE DETERGENTS ARE NOT USED, AIRCONDITIONING CONDENSATE, SPRINGS, AND FOUNDATIONS OR FOOTING DRAINS WHERE FLOWS ARE NOTCONTAMINATED WITH PROCESS MATERIALS SUCH AS SOLVENTS.8. DISCHARGES RESULTING FROM GROUND WATER DEWATERING ACTIVITIES AT CONSTRUCTION SITES ARENOT COVERED BY THIS PERMIT. APPLICANTS FOR THESE DISCHARGES MUST OBTAIN COVERAGE UNDERFDPE'S GENERIC PERMIT FOR THE DISCHARGE OF PRODUCED GROUND WATER FROM ANYNON-CONTAMINATED SITE ACTIVITY.9. THE DISCHARGE OF HAZARDOUS SUBSTANCES OR OIL IN THE STORMWATER DISCHARGE(S) FROM AFACILITY OR ACTIVITY SHALL BE PREVENTED OR MINIMIZED IN ACCORDANCE WITH THE APPLICABLESTORMWATER POLLUTION PREVENTION PLAN FOR THE FACILITY OR ACTIVITY. THIS PERMIT DOES NOTRELIEVE THE OPERATOR OF THE REPORTING REQUIREMENTS OF 40 CFR PART 117 AND 40 CFR PART 302.WHERE A RELEASE CONTAINING A HAZARDOUS SUBSTANCE IN AN AMOUNT EQUAL TO OR IN EXCESSES OFA REPORTING QUANTITY ESTABLISHED UNDER EITHER 40 CFR 117 OR 40 CFR 302, OCCURS DURING A 24HOUR PERIOD:A. THE OPERATOR IS REQUIRED TO NOTIFY THE STATE WARNING POINT AT(800) 320-0519 OR (850) 413-9911 AS SOON AS HE OR SHE HAS KNOWLEDGEOF THE DISCHARGE;B. THE OPERATOR SHALL SUBMIT WITHIN 14 CALENDAR DAYS OF KNOWLEDGEOF THE RELEASE A WRITTEN DESCRIPTION OF: THE RELEASE INCLUDING THETYPE AND ESTIMATE OF THE AMOUNT OF MATERIAL RELEASED), THE DATE THATSUCH RELEASE OCCURRED, THE CIRCUMSTANCES LEADING TO THE RELEASE,AND REMEDIAL STEPS TO BE TAKEN, TO FDEP, NPDES STORMWATER SECTION,MAIL STATION 2500, 2600 BLAIR STONE ROAD, TALLAHASSEE, FLORIDA 32399-2400.C. THE SWPPP BELOW MUST BE MODIFIED WITHIN 14 CALENDAR DAYS OF THEKNOWLEDGE OF THE RELEASE TO: PROVIDE A DESCRIPTION OF THE RELEASE,THE CIRCUMSTANCES LEADING TO THE RELEASE, AND THE DATE OF THE RELEASE.IN ADDITION, THE PLAN MUST BE REVIEWED TO IDENTIFY MEASURES TO PREVENTTHE REOCCURRENCE OF SUCH RELEASES AND TO RESPOND TO SUCH RELEASES,AND THE PLAN MUST BE MODIFIED WHERE APPROPRIATE.10. THIS PERMIT DOES NOT AUTHORIZE THE DISCHARGE OF HAZARDOUS SUBSTANCES OROIL RESULTING FROM AN ON-SITE SPILL.STORMWATER POLLUTION PREVENTION PLAN (SWPPP):1. A STORMWATER POLLUTION PREVENTION PLAN SHALL BE DEVELOPED AND IMPLEMENTED FOR EACHCONSTRUCTION SITE COVERED BY THIS PERMIT. THE PLAN SHALL IDENTIFY POTENTIAL SOURCES OFPOLLUTION THAT MAY REASONABLY BE EXPECTED TO AFFECT THE QUALITY OF STORMWATER DISCHARGEASSOCIATED WITH CONSTRUCTION ACTIVITY. IN ADDITION, THE PLAN SHALL DESCRIBE AND ENSURE THEIMPLEMENTATION OF BEST MANAGEMENT PRACTICES WHICH WILL BE USED TO REDUCE THE POLLUTANTSIN STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY AND TO ASSURE COMPLIANCEWITH THE TERMS AND CONDITIONS OF THIS PERMIT. FACILITIES MUST IMPLEMENT THE PROVISIONS OFTHE STORMWATER POLLUTION PREVENTION PLAN REQUIRED UNDER THIS PART AS A CONDITION OF THISPERMIT. FAILURE TO DEVELOP AND IMPLEMENT A STORMWATER POLLUTION PREVENTION PLAN INACCORDANCE WITH THE REQUIREMENTS OF THIS PART SHALL BE DEEMED A VIOLATION OF THIS PERMITAND MAY RESULT IN ENFORCEMENT ACTION.2. THE PERMITTEE SHALL AMEND THE PLAN WHENEVER THERE IS A CHANGE IN DESIGN, CONSTRUCTION,OPERATION OR MAINTENANCE, WHICH HAS A SIGNIFICANT EFFECT ON THE POTENTIAL FOR THEDISCHARGE OF POLLUTANTS TO SURFACE WATERS OF THE STATE OR AN MS4, INCLUDING THE ADDITIONOF OR CHANGE IN LOCATION OF STORMWATER DISCHARGE POINTS, AND WHICH HAS NOT OTHERWISEBEEN ADDRESSED IN THE PLAN. THE PERMITTEE ALSO SHALL AMEND THE PLAN IF IT PROVES TO BEINEFFECTIVE IN ELIMINATING OR SIGNIFICANTLY MINIMIZING POLLUTANTS FROM SOURCES IDENTIFIED INTHE GENERIC PERMIT OR IN OTHERWISE ACHIEVING THE GENERAL OBJECTIVES OF CONTROLLINGPOLLUTANTS IN STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY. IN ADDITION, THEPLAN SHALL BE AMENDED TO IDENTIFY ANY NEW CONTRACTOR AND/OR SUBCONTRACTOR THAT WILLIMPLEMENT A MEASURE OF THIS SWPPP.AMENDMENTS TO THE PLAN SHALL BE PREPARED, SIGNED, DATED,AND KEPT AS ATTACHMENTS TO THE ORIGINAL PLAN. THE GENERAL CONTRACTOR'S ON-SITE PROJECTFOREMAN WILL ENSURE COMPLIANCE WITH ALL PROCEDURES OUTLINED IN THIS PLAN._____________________________________________________________________________________OWNER/PERMITTEE SIGNATURE DATESTORMWATER IS NOT DISCHARGED FROM THIS SITE AND SHALL ENSURE THAT THE SURFACEPOLLUTION PROTECTION MEASURES REQUIRED TO ASSURE THAT SILTED AND/OR POLLUTEDI, ___________________________ ACKNOWLEDGE THE PLACEMENT OF ALL STORMWATERWATER AND STORMWATER MANAGEMENT MEASURES PROPOSED IN THIS PLAN ARE EFFECTIVELYIMPLEMENTED UNTIL THE PERMANENT SURFACE WATER MANAGEMENT SYSTEM IS OPERATIONAL.2 SECTION A-A101520253035404510152025303540450102030405060708090100110SECTION B-B101520253035404510152025303540450102030405060708090100110-1.8%6.0'S/WP/LNORTHSOUTH60.0'FRANKLIN STREETRIGHT-OF-WAY-1.7%-4.1%PROPOSED 6" THICKCONCRETE DRIVEWAYEXISTINGGRADEPARKING GARAGEP/L8.0'S/WPARKING GARAGEPROPOSED SWALESECTION C-C101520253035404510152025303540450102030405060708090100110P/LEXISTINGGRADE0.0%-1.3%8.0'S/WPARKING GARAGEPROPOSED SWALEEXISTINGGRADEPROPOSEDRETAINING WALL+24.35+24.30+24.400.0%-1.8%+24.15SECTION D-D101520253035404510152025303540450102030405060708090100110WESTEAST+24.25+24.45BOTTOMSWALEEXISTING EOP+25.10+24.45+25.25P/L8.0'S/WPARKING GARAGE0.0%PROPOSED SWALEPROPOSEDRETAINING WALL-1.9%+24.40BOTTOMSWALE+25.80+25.95SECTION E-E101520253035404510152025303540450102030405060708090SECTION F-F101520253035404510152025303540450102030405060708090EXISTINGGRADESECTION G-G101520253035404510152025303540450102030405060708090SECTION H-H101520253035404510152025303540450102030405060708090100110SECTION I-I101520253035404510152025303540450102030405060708090100110SECTION J-J101520253035404510152025303540450102030405060708090100110BOTTOMSWALE+25.17+26.35P/LNORTHSOUTHWESTWESTEASTEASTPROPOSEDRETAINING WALL+22.20PROPOSED12" HP STORMEXISTINGGRADE+22.35PROPOSED12" HP STORMP/LEXISTING WALLEXISTINGGRADEP/LWESTEAST+25.70WESTEAST+22.55PROPOSED12" HP STORMPROPOSEDBUILDINGPROPOSED SWALEF.F.E. = +26.50'NORTHSOUTHWESTWESTEASTEASTF.F.E. = +26.50'PROPOSEDBUILDING+25.75+25.25-1.9%1.3%+25.90P/LEXISTINGCONCRETE CURBP/LPROPOSED SWALEPROPOSEDBUILDING+24.70+22.05PROPOSED12" HP STORMPARKING GARAGEP/LEXISTINGCONCRETE CURBPROPOSEDSWALE+25.50F.F.E. = +26.50'+26.10HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)HORIZONTAL SCALE 1" = 20'VERTICAL SCALE 1" =10'(REFER TO PAVING, GRADING &DRAINAGE PLAN SHEET C-5.1)60.0'PIERCE STREETRIGHT-OF-WAYEXISTINGGRADEEXISTINGGRADEEXISTINGGRADEEXISTINGGRADE-4.1%9.0'S/WLAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-5.5CROSS SECTIONS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG 6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21111111 STSTSTEX. STEX. STEX. STEX. STEX. STEX. STEX. SANEX. SANEX. SANEX. STEX. STEX. STEX. STEX. STEX. STWWSTG12"29"25"EWW30"11"9"6"5"11"SSX X X X X X X XXXEX. OHPEX. OHPEX. OHPEX. OHPFIR 1/2"LB 2168NE CORNERLOT 2FCM 4"X4"6' CHAIN LINKFENCEF R A N K L I N S T R E E T60' RIGHT-OF-WAY (P)6' WOODFENCEBLOCK WALLFIR 5/8"RLS 3616FIR 1/2"FIR 5/8"RLS 3616FN&DLB 2168SW CORNERLOT 2FN&DLB 7203FCM 4"X4"RLS 15220.62'N0.37'WFIR 1/2"LB 21680.72'N0.17'EFIR 5/8"LB 3000P I E R C E S T R E E T60' RIGHT-OF-WAY (P)POBSW CORNERLOT 16FENCE0.5'E5' UTILITY EASEMENTOR 6663 PG 2027' GAS MAIN EASEMENTOR 20756 PG 2659RIM EL=25.44E IE=16.76W IE=16.7612" VCPRIM EL=24.07S IE=16.71W IE=16.71E IE=16.7112" VCP12" VCP 12" VCPRIM EL=25.79FULL OF DIRT[][][][][][][][][]EX. SANEX. SANEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GASTOWER F.F.E. = +26.5'UPUP2A UNIT1C UNIT1C UNIT2A UNIT2A UNIT2B UNITMANAGEROFFICELEASINGOFFICELOBBY-LOUNGECLUBROOMPUMPROOMFITNESSCENTEREMER.GEN.MAINT.STORAGEMAINT.OFFICECOPYMECHMAIL WMELEC1C UNITTRASHROOMSTORAGEFILESTOR.STST EX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMTDDDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTESALPOLYN TDD DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYN TDD DRAINSTOWATERWAYSUCTILEIRON ONOTPOLLUTE SALPOLYN TD DDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTE SALPOLYN TDDDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTESALPOLYN TDDDRAINSTOWATERWAYSUCTILEIRONONOTPOLLUTESALPOLYN TDD DRAINSTOWATERWAYS UCTILEIRON ONOTPOLLUTE SALPOLYNST WMSTSTUGPUGPUGPTRASHROOMUPUPRAMPRAMP2% SLOPE (MAX)12% SLOPE (MAX)12% SLOPE (MAX)F.F.E. = +26.0'INSTALL FIRE DEPARTMENTCONNECTION (FDC).FDC TO BE DOUBLE CLAPPER2.5"X4" SIAMESE CONNECTOR TYPEWITH KNOX LOCKING CAPS.FURNISH & INSTALL(1) 10"x8" TAPPING SLEEVE,(1) 8" GATE VALVE & BOX,(2) 8" - 90° D.I. (M.J.) BEND.TAP TO BE PERFORMED BY CITYOF CLEARWATER PERSONNELSA NSA NSA - 1SA - 2 PI P E - 1 EXISTING FIRE HYDRANTID NO. 286B31STATIC READING = 82 PSIFLOW RATE = 1,026 GPMRESIDUAL = 62 PSIEXISTING FIRE HYDRANTID NO. 286B51STATIC READING = 84 PSIFLOW RATE = 1,077 GPMRESIDUAL = 74 PSIEXISTING FIRE HYDRANTID NO. 286B55STATIC READING = 82 PSIFLOW RATE = 852 GPMRESIDUAL = 48 PSI13254 LF - 8" D.I.P. CLASS 50WATER MAIN (36" MIN. COVER)10 LF - 4" D.I.P.CLASS 50 WATER MAIN(36" MIN. COVER)INSTALL 3" WATER METER AND BACKFLOWPREVENTER ASSEMBLY.METER TO BE INSTALLED BY CITY OFCLEARWATER PERSONNEL AT THEDEVELOPER'S EXPENSE. ASSEMBLY PERCITY OF CLEARWATER INDEX 410-01IN SHEET C-7.4.INSTALL 8" DOBLE DETECTOR CHECK VALVEASSEMBLY (DDCVA). INSTALLATION TO BEPERFORMED BY CITY OF CLEARWATERPERSONNEL AT THE DEVELOPER'S EXPENSE.ASSEMBLY PER CITY OF CLEARWATER INDEX410-02 IN SHEET C-7.4.(1) 8"x4" D.I. (M.J.) TEE(1) 4" - 90° D.I. (M.J.) BEND±75 LF - 8" PVC SDR 26 SANITARYSEWER @ 0.50% MIN. SLOPE(36" MIN. COVER)PROPOSED MANHOLERIM ELEV = 25.59'SW. INV. ELEV. = 22.40'E. INV. ELEV. = 22.30'PROPOSED MANHOLERIM ELEV = 26.36'NE. INV. ELEV. = 23.00'S. INV. ELEV. = 23.10' (MIN)FURNISH & INSTALL45 LF - 4" D.I.P. CLASS 50 WATERMAIN (36" MIN. COVER)(1) 4"-90° D.I. (M.J.) BENDFURNISH & INSTALL25 LF - 8" D.I.P. CLASS 50 WATERMAIN (36" MIN. COVER)(1) 8"-90° D.I. (M.J.) BENDFURNISH & INSTALL20 LF - 4" D.I.P. CLASS 50 WATERMAIN (36" MIN. COVER)(1) 4"-90° D.I. (M.J.) BENDPROPOSED 82"x66" ELECTRICPOWER TRANSFORMERCONCRETE PADPROPOSED 15'x10'UTILITY EASEMENTPROPOSED 15'x10'UTILITY EASEMENTEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMEX. WMFIREFIREFIREFIRE SANITARY COLECTION SYSTEMSTRUCTURE SCHEDULESTRUCTURE NAMESA - 1SA - 2TYPE OFSTRUCTUREPRECAST SANITARYMANHOLEPER CITY DETAIL 302 - 01PRECAST SANITARYMANHOLEPER CITY DETAIL 302 - 01RIM / GRATE ELEV.(FT)26.4025.59INV. ELEV.(FT.)PIPE - 1 INV OUT = 23.00PIPE - 1 INV IN= 22.40SANITARY COLLECTION SYSTEMSEWER LINE SCHEDULESEWERLINEPIPE - 1UPPERENDSA - 1LOWERENDSA - 2LENGTH(FT)75SIDE &MATERIAL8" PVC SDR 26SLOPE(%)0.80%LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.GRAPHIC SCALEC-6.1UTILITIES PLAN BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG NESW6-7-21KP12021 PER CITY OF CLEARWATER 4-15-21 1:20PEAK(2) FIREDOMESTICFIXTUREMAXIMUMDEMANDVALUEDEMAND(GPM)AT 35 PSI(5) (GPD)FLOWDURATION(HRS)24,73277542,000FLOWDEMAND(3) (GPM)1,000AVERAGEDEMAND(4) (GPD)21,000PEAK HOURDEMAND(6) (GPH)2,625BUILDINGAREA(1) (SF)33,942(4) 31 UNITS (1 BED) X 100 GPD / UNIT(5) 21,000 GPD X 2.0 = 42,000 GPD(6) 21,000 GPD X 3.0 / 24 HOURS = 2,625 GPHTOWER BUILDINGPEAKAVERAGEFLOWDAILY FLOW(GPM)(GPD)77521,000SANITARY COLLECTION SYSTEMMAXIMUMDAILY FLOW(GPD)42,000PEAKHOUR FLOW(GPH)2,625(SF)86,195 + 500 SF OFFICE X 15 GPD / 100 SF = 21,000 GPD (24 HOURS PER DAY)(3) WATER REQUIREMENTS FOR EXTERIOR MANUAL FIRE FIGHTING. BUILDING IS PROTECTED THROUGHOUTAUTOMATIC SPRINKLER SYSTEM. THE MINIMUM FIRE FLOW REQUIRED IS 1,000 GPM.81135NUMBER OFDWELLINGUNITSNUMBER OFBEDROOMS(2) NFPA 1, CHAPTER 18, TABLE 18.4.5.2.1(1) TOTAL BUILDING AREA (SUM OF THREE LARGEST SUCCESSIVE FLOORS) = 33,942 SF46 UNITS (2 BED) X 200 GPD / UNIT4 UNITS (3 BED) X 300 GPD / UNITTOTAL BUILDINGAREA(8) FIREFLOWDURATION(HRS)2FLOWDEMAND(9) (GPM)2,000BUILDINGAREA(7) (SF)31,380TOTALPARKING GARAGE(8) NFPA 1, CHAPTER 18, TABLE 18.4.5.2.1(7) TOTAL BUILDING AREA = 31,380 SF(9) WATER REQUIREMENTS FOR EXTERIOR MANUAL FIRE FIGHTING.IMPORTANT UTILITY NOTES1. ALL UTILITIES ARE TO BE LOCATED UNDERGROUND PER CITY OF CLEARWATERSTANDARDS AND SPECIFICATIONS.2. PER FLORIDA BUILDING PLUMBING CODE 2017 SECTION 603.2, WATER SERVICE PIPEAND THE BUILDING SEWER SHALL BE SEPARATED BY 5' OF UNDISTURBED ORCOMPACTED EARTH.3. PER FLORIDA BUILDING PLUMBING CODE 2017 SECTION 603.2, THE REQUIREDSEPARATION DISTANCE SHALL NOT APPLY WHERE THE BOTTOM OF THE WATER SERVICEPIPE WITHIN 5' OF THE SEWER IS A MINIMUM OF 12" ABOVE THE TOP OF THE HIGHESTPOINT OF THE SEWER AND THE PIPE MATERIALS CONFORM TO FLORIDA BUILDINGPLUMBING CODE 2017 TABLE 702.3.WATER SERVICE PIPE IS PERMITTED TO BE LOCATED IN THE SAME TRENCH WITH ABUILDING SEWER, PROVIDED SUCH SEWER IS CONSTRUCTED OF MATERIALS LISTED INFLORIDA BUILDING PLUMBING CODE 2017 TABLE 702.2.THE REQUIRED SEPARATION DISTANCE SHALL NOT APPLY WHERE A WATER SERVICEPIPE CROSSES A SEWER PIPE, PROVIDED THE WATER SERVICE PIPE IS SLEEVED TO ATLEAST 5' HORIZONTALLY FROM THE SEWER PIPE CENTERLINE ON BOTH SIDES OF SUCHCROSSING WITH PIPE MATERIALS LISTED IN FLORIDA BUILDING PLUMBING CODE 2017TABLE 605.3, 702.2 OR 702.3.4. SOD ALL AREAS IN EXISTING RIGHTS-OF-WAY DISTURBED BY CONSTRUCTION.5. THE CONTRACTOR IS TO COORDINATE ALL WORK WITHIN, BUT NOT LIMITED TO CITY OFCLEARWATER RIGHT-OF-WAY WITH UTILITY COMPANIES IN ORDER TO PREVENT DAMAGETO UTILITY LINES AND THE MAKING OF ADJUSTMENTS TO SAME, IF REQUIRED.6. THE CONTRACTOR SHALL VERIFY LOCATIONS AND DEPTHS OF EXISTING WATER ANDSEWER LINES PRIOR TO BEGINNING CONSTRUCTION.7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL ROAD CROSSINGAND/OR UTILITY PERMITS.8. ADJUSTING MANHOLE TOPS TO MATCH GRADE AND SLOPE OF THE FINISH PAVINGSHALL BE INCLUDED IN THE RESPECTIVE CONTRACT UNIT PRICE FOR MANHOLES,PAYMENT OF WHICH WILL CONSTITUTE FULL COMPENSATION FOR THE CONSTRUCTIONAND COMPLETION OF THE MANHOLE, AND NO ADDITIONAL PAYMENT WILL BE ALLOWEDOR MADE FOR ADJUSTING MANHOLE TOPS.9. BENDS SHALL BE INSTALLED IN FORCE MAIN AND/OR WATER MAIN TO AVOIDUNFORESEEN CONFLICTS WITH EXISTING OR PROPOSED STRUCTURES.10. THE JOINT DEFLECTION METHOD SHALL BE USED WHERE PRACTICAL IN LIEU OFINSTALLING BENDS.11. UNDERGROUND WATER MAINS AND HYDRANTS MUST BE COMPLETED AND IN-SERVICEPRIOR TO BUILDING CONSTRUCTION.12. THE LOCATION OF ALL TEMPORARY BLOW OFF'S AND SAMPLE POINTS MUST MEETPINELLAS COUNTY'S HEALTH DEPARTMENT REQUIREMENTS.13. THE CITY OF CLEARWATER, AT THE APPLICANT'S EXPENSE, WILL REMOVE/RELOCATEANY/ALL WATER METERS THAT HAVE TO BE RELOCATED AS PART OF THIS DEVELOPMENT,INCLUDING RECLAIMED WATER METERS. (NO METERS SHALL BE LOCATED WITHIN ANYIMPERVIOUS AREAS).14. THE CITY OF CLEARWATER WILL PROVIDE WATER MAIN TAP, SET THE WATER METERAND RPZ B.F.P.D. (BACK FLOW PREVENTER DEVICE). APPLICANT IS RESPONSIBLE FORALL ASSOCIATED FEES AND ALL OTHER INSTALLATION FEES.15. ALL SANITARY SEWER LINE EXTENSIONS TO CONFORM TO CITY OF CLEARWATERSTANDARDS.16. ROADWAY PAVEMENT IS NOT TO BE DISTURBED. DAMAGES TO THE ROADWAYPAVEMENT WILL REQUIRE MILLING AND RESURFACING AS DIRECTED BY THE AREAINSPECTOR.IMPORTANT NOTES TO CONTRACTOR1. THE CONTRACTOR SHALL COORDINATE ALL WORK WITHIN, BUT NOT LIMITED TO CITYOF CLEARWATER RIGHT-OF-WAY WITH ALL UTILITY COMPANIES IN ORDER TO PREVENTDAMAGE TO UNDERGROUND FACILITIES AND DISRUPTION OF SERVICES.2. UTILITIES SUCH AS DUKE ENERGY UNDERGROUND POWER CABLES, CLEARWATER GASSYSTEM MAINS, VERIZON , BRIGHT HOUSE NETWORKS AND KNOLOGY BROADBANDCOMMUNICATION CABLES, CITY OF CLEARWATER POTABLE AND RECLAIMED WATERMAINS, CITY OF CLEARWATER SANITARY SEWER LINES, ETC ARE BELIEVED TO BE WITHINRIGHTS-OF-WAYS AND MAY CONFLICT WITH THE PROPOSED UTILITY WORK. THERE IS NOGUARANTEE THAT THESE UTILITIES ARE LOCATED AS SHOWN OR THAT OTHER UTILITIESMAY NOT BE PRESENT. THE CONTRACTOR IS FULLY RESPONSIBLE WHEN USING THEINFORMATION CONTAINED IN THESE PLANS AND SHALL CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWN DETERMINATION AS TO THEACTUAL VERTICAL AND HORIZONTAL LOCATION OF ALL UNDERGROUND FACILITIES PRIORTO START OF CONSTRUCTION.3. TO PREVENT DAMAGE TO UNDERGROUND UTILITIES AND DISRUPTION OF SERVICES,THE CONTRACTOR SHALL FIELD VERIFY EXACT SIZE, DEPTH, INVERT ELEVATION ANDLOCATION OF ALL UTILITIES PRIOR TO START OF CONSTRUCTION. TO FIELD VERIFY THEHORIZONTAL AND VERTICAL LOCATION OF UNDERGROUND UTILITIES, THE CONTRACTORSHALL PHYSICALLY EXPOSE ALL UTILITIES USING NONDESTRUCTIVE METHODS (I.E.VACUUM EXCAVATION).4. UPON COMPLETION OF CONSTRUCTION, THE CONTRACTOR SHALL FURNISH OWNER'SENGINEER WITH COMPLETE "AS-BUILT" INFORMATION CERTIFIED BY A REGISTERED LANDSURVEYOR. THIS "AS-BUILT INFORMATION SHALL BE PRODUCED WITH AND UPONCOMPLETION, THE CONTRACTOR SHALL FURNISH THE ENGINEER WITH DISKS OF ALLDRAWINGS, ONE SET OF REPRODUCIBLE PLANS, AND FIVE SETS OF PLANS. THE"AS-BUILT" INFORMATION SHALL CLEARLY AND ACCURATELY REPRESENT ALLCONSTRUCTED ITEMS INCLUDING, BUT NOT LIMITED TO:A. ELEVATIONS OF ALL STORM SEWER OUTFALL STRUCTURES AND SANITARY SEWER STRUCTURE BOTTOMS, TOPS, AND INVERTS.B. FIELD MEASURED LENGTHS OF PIPES FOR ALL INSTALLED UTILITIES, CONDUITS, SLEEVES, ETC.C. LOCATIONS OF ALL STRUCTURES, PIPES, CONDUITS, SLEEVES, ETC.D. CALCULATED SLOPE OF ALL SANITARY SEWER AND STORM SEWER LINES.E. HORIZONTAL AND VERTICAL CONTROL OF ALL WATER MAIN FITTINGS AND APPURTENANCES, AND HORIZONTAL AND VERTICAL CONTROL ON THE TOP OF WATER MAINS AT ALL CROSSINGS, A MINIMUM OF EVERY 10 LINEAL FEET ALONG DIRECTIONAL DRILL PATH AND A MINIMUM OF EVERY 50 LINEAL FEET ALONG OPEN TRENCH.F. HORIZONTAL AND VERTICAL CONTROL OF ALL TOP OF BANKS, TOE OF SLOPES, ALL GRADE BREAKS, BUILDINGS, PONDS, DITCHES, LITTORAL ZONES, ETC.NO ENGINEER'S CERTIFICATIONS CAN BE SUBMITTED TO OBTAIN A CERTIFICATE OFOCCUPANCY UNTIL THE "AS-BUILT" INFORMATION IS RECEIVED, REVIEWED, ANDAPPROVED BY THE ENGINEER. THE CONTRACTOR SHALL ALLOW THE ENGINEER AMINIMUM OF FOUR WEEKS TO COMPLETE THE REVIEW OF THE "AS-BUILT" INFORMATIONUPON RECEIPT, PRIOR TO SUBMITTAL TO APPLICABLE AGENCIES.CONFLICTCONFLICTUTILITIES CONFLICT SCHEDULENUMBERINV. ELEV.(FT)GROUND ELEV.(FT)TOP OF PIPEELEV. (FT)CLEARANCE(FT)LEGENDEXISTINGPROPERTY LINEEXISTING WATERMAINPROPOSEDWATER SERVICEPROPOSEDSANITARY SEWEREXISTING SANITARYSEWER LINEEX. WMWMEX. SANSANSTPROPOSED STORMSEWEREX. STEXISTING STORMSEWERPROPOSED FIREMAINFIRE12318.1522.7025.104.5523.4014.1522.4014.2025.408" PVC DR14 WATER MAIN3.5018.2021.70EX. 48" RCP STORM20.6022.1025.608" PVC DR14 WATER MAIN1.5022.8019.90EX. 8" VCP SANITARY SEWEREX. 48" RCP STORM8" PVC SDR 26 SANITARY SEWER STANDARD FIRE PROTECTION NOTES1. PER THE NATIONAL FIRE PROTECTION ASSOCIATION, NFPA-1, 16.4.3.1.1, WATER SUPPLYAND FIRE HYDRANTS FOR WATER PROTECTION SHALL BE INSTALLED AND IN SERVICEPRIOR TO THE ACCUMULATION OF COMBUSTIBLE MATERIALS.2. PER THE NATIONAL FIRE PROTECTION ASSOCIATION, NFPA-1, 18.5.3, THE MAXIMUMDISTANCE TO A FIRE HYDRANT FROM THE CLOSEST POINT ON THE BUILDING SHALL NOTEXCEED 400 FEET. THE MAXIMUM DISTANCE BETWEEN FIRE HYDRANTS SHALL NOTEXCEED 500 FEET.3. PER THE NATIONAL FIRE PROTECTION ASSOCIATION, NFPA-1, 16.4.3.1.3; WHEREUNDERGROUND WATER MAINS AND HYDRANTS ARE TO BE PROVIDED, THEY SHALL BEINSTALLED, COMPLETED, AND IN SERVICE PRIOR TO CONSTRUCTION WORK.4. PER NFPA-1, 18.5.7.1; A 36-INCH CLEAR SPACE SHALL BE MAINTAINED AROUND THECIRCUMFERENCE OF FIRE HYDRANTS EXCEPT AS OTHERWISE REQUIRED OR APPROVED.METERSIZE(IN)3DEWATERING NOTEGROUND WATER IS PRESENT ON THIS SITE. DEWATERING ISANTICIPATED FOR THE CONSTRUCTION OF THIS PROJECT ANDCONTRACTOR'S BID SHALL INCLUDE DEWATERING. EARTHWORK ANDGRADING REQUIRES ADEQUATE SURFACE DRAINAGE AND GROUNDWATER MANAGEMENT TO PREVENT SOIL EROSION AND CONTROLMOISTURE OF SOILS. THE CONTRACTOR IS FULLY RESPONSIBLE WHENUSING THIS INFORMATION AND SHALL CONDUCT STUDIES, TESTS ANDSURVEYS AS DEEMED NECESSARY TO MAKE THEIR OWNDETERMINATION AS TO THE ACTUAL DEPTH OF THE GROUND WATERAND TO SELECT THE ALLOWED METHOD OF DEWATERING PRIOR TOBIDDING THE WORK.UTILITY PRECONSTRUCTION NOTECONTRACTOR SHALL CALL FOR A 000 - SITE DEVELOPMENTMEETING WITH THE CITY OF CLEARWATER'S ENGINEERINGDEPARTMENT'S UTILITY CONSTRUCTION INSPECTORS PRIOR TOTHE START OF ANY CONSTRUCTION ACTIVITIES ON SITE. TOSCHEDULE AN INSPECTION BY PHONE PLEASE DIAL 727-562-4580.1 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.1SITE CONSTRUCTION DETAILS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG 6-7-21KP12021 PER CITY OF CLEARWATER 4-15-216"12"6"RIGID PAVEMENT SECTIONCONCRETESUBGRADENOTES:CONCRETE6" THICK PORTLAND CEMENT CONCRETE SURFACE COURSE(F'c=4,000 PSI MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS)W 6X6/10X10 WELDED WIRE MESH REINFORCEMENTMAXIMUM SPACING BETWEEN JOINTS SHALL BE 12 FEETMINIMUM CONTRACTION JOINT DEPTH SHALL BE ONE-FORTH (1/4)OF THE PAVEMENT THICKNESSCONCRETE SHALL BE PLACED BY AN ACI CERTIFIED CONTRACTORSUBGRADE12" STABILIZED SUBGRADE (LBR 40) COMPACTED TO 98% OFMAXIMUM DENSITY PER ASTM D1557 / AASHTO T-180N.T.S.TYPICAL BOLLARD DETAILN.T.S.6" DIAM. CONCRETE FILLEDSTEEL PIPE SCH 40 BOLLARD,COORDINATE LOCATION WITHH/C RAMP & CIVIL PLANSSEE ARCHITECTURALPLANS FOR PAINTSPECIFICATIONSCONC. SIDEWALK OR CONC.PAD REFER TO CIVILDRAWINGS3,000 PSI CONCRETE3'-0"6"2'-0"4' (TYP)BASESUBGRADEASPHALTIC CONCRETE STRUCTURAL COURSEN.T.S.NOTES:STRUCTURAL NUMBER (SN) = 4.08ASPHALT1" TYPE SP-9.5 ASPHALTIC CONCRETE STRUCTURAL (110 LBS/SY) OVER 2" TYPE SP-12.5 FINE MIX ASPHALTIC CONCRETE STRUCTURALCOURSE (220 LBS/SY) FIELD COMPACTED TO 95% OF LABORATORY MAXIMUM DENSITY PER SPECIFIC GRAVITY (Gmm) METHODBASE10" LIMEROCK (LBR 100) OR CRUSHED PORTLAND CEMENTCONCRETE (LBR 150) BASE FROM FDOT APPROVED SOURCES AND MEETING ALL THE REQUIREMENTS OF FDOT STANDARD SPECIFICATIONS SECTION 204 COMPACTED TO 100% OF MAXIMUM DENSITY PER ASTM D1557 / AASHTO T-180SUBGRADE12" STABILIZED SUBGRADE (LBR 40) COMPACTED TO 98% OF MAXIMUM DENSITY PER ASTM D1557 / AASHTO T-180RIGHT-OF-WAY FLEXIBLE PAVEMENT SECTION1111 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.2SITE CONSTRUCTION DETAILS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG 6-7-21KP12021 PER CITY OF CLEARWATER 4-15-2128''TOP VIEWCAFLOWBSTEEL SKIMMER(REFER TO FDOTSTANDARD PLANSINDEX NO. 425-070)PRECASTCIPLISOMETRIC VIEWST-7 CONTROL STRUCTUREST-7 CONTROL STRUCTUREST-7 CONTROL STRUCTURETOP OF CONTROLSTRUCTUREEL. +25.00'BOTTOM OF1" WEIR SLOTEL. +23.00'TOP OF 1" WEIR SLOTEL. +25.00'1" SLOT BOTTOMEL. = +23.00'TOP EL. = +25.00'PRECASTCIPLEL. = +25.00'PRECASTCIPLSTEEL SKIMMER - THREESIDED, OPEN ON TOP ANDBOTTOM. (REFER TO FDOTSTANDARD PLANS INDEXNO. 425-070)SECTION C-CN.T.S.SECTION B-BN.T.S.SECTION A-AN.T.S.SKIMMER TOPEL. = +25.00'SKIMMER BOTTOMEL. = +22.50'HOT DIPPED GALVANIZEDNON-TRAFFIC STEEL GRATEHOT DIPPED GALVANIZEDNON-TRAFFIC STEEL GRATEPRECASTCIPLBOTTOM OF CONTROLSTRUCTUREEL. +21.50'BOTTOM OFGREASE SKIMMEREL. +22.50'BOTTOM EL. = +21.50'ST-7 CONTROL STRUCTURE(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)1'' SLOT 2' - 0''8''6''3.5'8'' 6''3' - 1''24"8''6''5 3 4'' 3 34'' 8'' 6''8''6''CIPL 3' - 4''PRECAST 3' - 0''ACB24"BOTTOM OF VAULTEL. = +21.50'CIPL 4' - 5'' PRECAST 4' - 1"3" BOLTEDCONNECTION6 EXPANSIONANCHORSFLOW(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)6"26"37"4"6"FLOWAACCBBSTEEL SKIMMER(REFER TO FDOTSTANDARD PLANSINDEX No. 425-070)PRECAST 4' - 0"3" BOLTEDCONNECTION(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)ST-12 CONTROL STRUCTUREN.T.S.TOP VIEWWEIR WALLRING AND COVERSKIMMER BOTTOMEL. = +22.50'37"4"ST-12 CONTROL STRUCTUREWEIR WALL TOPEL. = +25.00'6"6"6' - 7"SKIMMER TOPEL. = +25.00'N.T.S.SECTION A-ASTEEL SKIMMER - ONE SIDED,OPEN ON TOP AND BOTTOM.(REFER TO FDOT STANDARDPLANS INDEX No. 425-070)36"6"BOTTOM OF CONTROLSTRUCTURE EL. +21.70'TOP OF CONTROLSTRUCTURE SLAB EL. = +26.70'5' - 0"6"3' - 0"N.T.S.SECTION B-BST-12 CONTROL STRUCTURETOP OF CONTROLSTRUCTURE SLAB EL. = +26.70'1'-4"EL = +21.70'EL = +26.70'EL = +25.00'TOP OF WEIR WALLEL. +25.00'N.T.S.SECTION C-CST-12 CONTROL STRUCTURE3' - 0"1'-8"TOP OF CONTROLSTRUCTURE SLAB EL. = +26.70'6"ST-12 CONTROL STRUCTURE (MODIFIED FDOT TYPE "H" INLET)TOP OF WEIR WALLEL. +25.00'N.T.S.ISOMETRIC VIEWTOP OF GREASE SKIMMEREL. +25.00'3' - 0"6' - 7"BOTTOM OF CONTROLSTRUCTURE EL. = +21.70'TOP OF CONTROLSTRUCTURE SLAB EL. = +26.70'PRECAST 7' - 7"12" HP STORMINV. EL. +22.50'12" RCP PIPEINV. EL. +21.70'12"RING AND COVER12" RCP PIPEINV. EL. +21.70'12" HP STORMINV. EL. +22.50'12" HP STORMINV. EL. +22.50'BOTTOM OF CONTROLSTRUCTURE EL. +21.70'2'-0"EL = +23.00'BOTTOM OF CONTROLSTRUCTURE EL. +21.70'BOTTOM OF SLOTEL. +23.00'1"(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)(REFER TO FDOT STANDARD PLANS INDEX NO. 425-052)ST-7 CONTROL STRUCTURE (MODIFIED FDOT TYPE "C" INLET)12" HP STORMINV. EL. +21.50'TOP OFGREASE SKIMMEREL. +25.00'12" HP STORMINV. EL. +21.50'BOTTOM OF VAULTEL. = +21.50'BOTTOM OF VAULTEL. = +21.50'1"12" HP STORMINV. EL. +21.50'1'-6"EL = +21.50'EL = +25.00'6"2'-0"EL = +23.00'TOP OF CONTROLSTRUCTURE EL. = +25.00'BOTTOM OF CONTROLSTRUCTURE EL. +21.50'BOTTOM OF SLOTEL. +23.00'2' - 0"11116" WEEPHOLE6" WEEPHOLEFLOW LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.3SITE CONSTRUCTION DETAILS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.4UTILITIES DETAILS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.5UTILITIES DETAILS BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.6MAINTENANCE OF TRAFFIC BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING Certificate of Authorization No. 30275 5300 W. Cypress Street, Suite 282 Tampa, Florida 33607 Tel. (813) 644-8333 Fax (813) 644-7000BRAULIO GRAJALESProfessional EngineerFL Registration No.Sign DateNo.BY DATE DESCRIPTION REVISIONS58626DRAWN BY: CHECKED BY: DESIGNED BY: ISSUE DATE: PROJECT No:COPY OF THIS PLAN IS NOT VALID UNLESS SIGNED, SEALED AND DATEDBY THE PROFESSIONAL ENGINEERTHIS DRAWING IS THE PROPERTY OF HIGH POINT ENGINEERING, INC. UNDER NOCIRCUMSTANCES MAY THIS DRAWING BE REPRODUCED, PUBLISHED, ALTERED OR USEDIN ANY WAY WITHOUT WRITTEN AUTHORIZATION FROM HIGH POINT ENGINEERING, INC.COPYRIGHTCCONTENT: PROJECT:SHEET:APPROVED BY:THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY BRAULIO GRAJALES, PE ON THEDATE ADJACENT TO THE SEAL.PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.C-7.7MAINTENANCE OF TRAFFIC BLUE DOLPHIN TOWER 21-002-BSC 610 FRANKLIN STREET CLEARWATER, FLORIDA 33756 KP KP BG BG20214-15-21 26'-0"25'-8"26'-8"26'-0"26'-0"8'-0"27'-5"7'-6"3'-4"3'-4"15'-10"13'-4"17'-4" 13'-4"15'-4"PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 1PAINTED STUCCO, COLOR 1TILE0'-0" T/O LEVEL 1 14'-10" T/O LEVEL 2 24'-10" T/O LEVEL 3 34'-10" T/O LEVEL 4 44'-10" T/O LEVEL 5 54'-10" T/O LEVEL 6 64'-10" T/O LEVEL 7 74'-10" T/O LEVEL 8 84'-8" T/O ROOF URBAN RESIDENTIAL 1 FRONTAGE PAINTED STUCCO, COLOR 3 PAINTED STUCCO, COLOR 4 PAINTED STUCCO, COLOR 3 TILE 1TILE 1 PAINTED STUCCO, COLOR 3 PAINTED STUCCO, WHITE (TYP.) PAINTED STUCCO, WHITE (TYP.) 16" CONTINUOUS BAND, COLOR 1 ALUMINUM CANOPY ALUMINUM CANOPY, COLOR 1 VINYL WINDOWS, TYP. ALUMINUM STOREFRONT SYSTEM WITH CLEAR GLASS, TYP. ON 1st FLOOR COMMON AREAS OF NORTH FACADE ALUMINUM COPING, TYP. BRAKE METAL, COLOR 1 TILE 2 18" HIGH WALL AT STOOP 6'-8" STOREFRONT 2 FRONTAGE ALUM. CANOPY11'-8"1'-4"96'-8"12'-0"T/O STAIR/ ELEVATOR TOWER 4'-8"2'-0"8" FRAME, TILE 1 PAINTED STUCCO, COLOR 3 LIGHT FIXTURE, TYP. 2'-4"2'-4" MOSAIC 2021 |June 25, 2021BLUE DOLPHIN TOWER Blue Sky Communities A5.1 NORTH ELEVATION SCALE 1/16" = 1'-0" NOTES RELATIVE TO STOREFRONT 2 FRONTAGE: 1st FLOOR FACADE OF STOREFRONT 2 FRONTAGE IS 141'-0" WIDE 1st FLOOR GLAZING BETWEEN 2'-0" AND 10'-0" TOTAL LENGTH IS 77'-4", OR 55% OF THE FACADE 1st FLOOR CANOPIES TOTAL LENGTH IS 118'-0", OR 84% OF THE FACADE 15'-4"13'-4"36'-8"34'-8"15'-8"34'-8"PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 10'-0" T/O LEVEL 1 14'-10" T/O LEVEL 2 24'-10" T/O LEVEL 3 34'-10" T/O LEVEL 4 44'-10" T/O LEVEL 5 54'-10" T/O LEVEL 6 64'-10" T/O LEVEL 7 74'-10" T/O LEVEL 8 84'-8" T/O ROOF 16" CONTINUOUS BAND, COLOR 1 PAINTED STUCCO, COLOR 3 PAINTED STUCCO, WHITE (TYP.) SIGNAGE LOCATION ALUMINUM COPING, TYP. COVERED PATH TO GARAGE STAIR TOWER, COLOR 3 GARAGE 11'-8"1'-4"6'-8"96'-8"7'-6"12'-0"T/O STAIR/ ELEVATOR TOWER PAINTED STUCCO, COLOR 2 2021 |June 25, 2021BLUE DOLPHIN TOWER Blue Sky Communities A5.2 EAST ELEVATION SCALE 1/16" = 1'-0" 12'-8"25'-8"50'-6"25'-8"12'-8"6'-8"5'-4"PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 1PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 114'-0"35'-6" 0'-0" T/O LEVEL 1 14'-10" T/O LEVEL 2 24'-10" T/O LEVEL 3 34'-10" T/O LEVEL 4 44'-10" T/O LEVEL 5 54'-10" T/O LEVEL 6 64'-10" T/O LEVEL 7 74'-10" T/O LEVEL 8 84'-8" T/O ROOF 16" CONTINUOUS BAND, COLOR 1 ALUMINUM STOREFRONT SYSTEM WITH CLEAR GLASS VINYL WINDOW. TYP. PAINTED STUCCO, COLOR 4 PAINTED STUCCO, COLOR 3 SIGNAGEALUMINUM COPING, TYP. COVERED PATH TO GARAGE PAINTED STUCCO, WHITE (TYP.) GARAGE DOOR TO TRASH ROOM COVERED AREA 11'-8"1'-4"96'-8"12'-0"T/O STAIR/ ELEVATOR TOWER 5'-4"2'-0"PAINTED STUCCO, COLOR 2 PAINTED STUCCO, COLOR 2 STAIR TOWER, COLOR 3 2021 |June 25, 2021BLUE DOLPHIN TOWER Blue Sky Communities A5.3 SOUTH ELEVATION SCALE 1/16" = 1'-0" 14'-4"22'-8"12'-8"25'-01 4"15'-4"3'-4"PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 1PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 1TILE 1PAINTED STUCCO, COLOR 3PAINTED STUCCO, COLOR 113'-4" 0'-0" T/O LEVEL 1 14'-10" T/O LEVEL 2 24'-10" T/O LEVEL 3 34'-10" T/O LEVEL 4 44'-10" T/O LEVEL 5 54'-10" T/O LEVEL 6 64'-10" T/O LEVEL 7 74'-10" T/O LEVEL 8 84'-8" T/O ROOF PAINTED STUCCO, WHITE (TYP.) ALUMINUM CANOPY, COLOR 1 PAINTED STUCCO, COLOR 2 ALUMINUM STOREFRONT SYSTEM WITH CLEAR GLASS 16" CONTINUOUS BAND, COLOR 1 PAINTED STUCCO, COLOR 3 COVERED PATH TO GARAGE ALUMINUM COPING, TYP. VINYL WINDOWS, TYP. BRAKE METAL, COLOR 1 GARAGE 11'-8"1'-4"6'-8" 18" HIGH WALL AT STOOP, TILE 1 2'-0"TILE 1LIGHT FIXTURE, TYP. 2021 |June 25, 2021BLUE DOLPHIN TOWER Blue Sky Communities A5.4 WEST ELEVATION SCALE 1/16" = 1'-0" EX. ST EX. S T EX. ST EX. ST EX. ST EX. SAN EX. SAN EX. SAN EX. STEX. ST EX. ST EX. ST EX. ST WW S CO T G 3" 1" 12" 12" 12" 29" 25" 21" 26" E WW 30" S 11" 9" 6" 5" 1" S S []XXXXXXXX X X EX. OHP EX. OHPEX. OHP EX. OHP F R A N K L I N S T R E E T 60' RIGHT-OF-WAY (P) P I E R C E S T R E E T 60' RIGHT-OF-WAY (P) 12" VCP 12" VCP 12" VCP12" VCP[][][][][][][][][]W W EX. SAN EX. SAN EX. SANEX. WM EX. WM EX. WM EX. WM EX. WM EX. WM EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GAS EX. GAS EX. GAS 6" " "EX. SANEX. SANEX. SANEX. SANEX. SANG (8) 0" QV (100) 11" PE (101) 43" QV (102) 14" QV (103) 12" QV (104) SP (105) SP (106) 29" QV (107) 25" QV (108) 21" QV (109) 26" QV (110) 14" LS (111) 9" LS (112) 6" LS (113) 5" LS (114) WB (115) 4" QV (116) 6" QV (117) 4" QV (117) 4" QVApproximater Canopy Extent (Typ.) Approximater Canopy Extent (Typ.) Approximater Canopy Extent (Typ.) TREE INVENTORY AND DISPOSITION PLAN TR1.0 TREE INVENTORY AND DISPOSITION PLAN PERMIT ONLY BLUE PIERCE LLCBLUE DOLPHIN TOWERCLEARWATER, FLORIDAN O R T H 0 feet40 1" = 20' 20 60 80 The assignment was limited to the following components: 1.to conduct a tree inventory pursuant to City of Clearwater CDC Section 3-1202.H, 2.to rectify any tree identification errors shown on the survey, if applicable. A field investigation was conducted on March 9th, 2021. Each investigation was limited to the visual inspection of the on-site trees, their surrounding context, and a review of a tree survey prepared by a third-party surveyor. Tree survey data was imported to a data collection field tablet. The tablet was used to collect observations and photographs as needed. No physical notes were taken. If individual trees not captured on the survey were found, they were added to the digital record by generally located each tree using a Dual XGPS160 SkyPro GPS unit combined with aerial photograph interpretation. Upon arrival to the site, I employed the following field review techniques to gather data: ·Trunk diameter at breast height (dbh) or 54 inches above the ground, taken with a diameter tape. For trees with more than one trunk (stem) originating at or near ground level (less than 36" high), the dbh of each stem was measured at 54" and the cross-sectional area of each stem was summed to derive a equivalent single trunk representative dbh. When advanced assessment was applicable, the following simple tools and review techniques were used: ·Crown spread measurement, taken with a mechanical wheel from the centroid of the trunk. When ground conditions or thick vegetation precluded use of the wheel, a tape measure or recent aerial photograph was used to measure spread. ·Height to base of limb, taken with a 35-foot Tel-O-Pole II measuring stick, when applicable. ·Tree height, taken with a laser hypsometer using three averaged points from one position. When the crown restricted measurement, an average height of 45 was used for tree point calculations. ·Approximation of extent of decay by sounding, listening for tones that may indicate certain conditions, taken with a soft-face mallet. ·Approximation of extent of decay by probing, taken with a 48" steel soil probe. When overgrowth or obstructions restricted the collection of measurements or a 360° view of tree, the applicable data element was omitted or approximated. Assessments were ground-based and followed ANSI A300 (Part 9)-2017 guidance. No soil, water, or tissue tests were conducted. When typically single-trunked trees are fused at or near the ground, a pith test is performed to determine whether the tree grouping is separate trees or a single tree. The pith test is based on a technique discussed in the American Forests Champion Trees Measuring Guidelines Handbook (2019). To tailor the inventory to jurisdictional requirements, data elements collected varied by tree classification: ·Protected and specimen trees (not palms): species, dbh, condition rating, and Level 1: Limited Visual Tree Risk Assessment (foreseeable targets may not be known at the time of assessment). ·Palms: species and overall condition rating only. Dbh was not verified because trunk vascular bundles do not increase in width as a palm grows. ·Invasive trees: species only. ·Level 2: Basic Tree Risk Assessments were not performed unless specifically noted. INVENTORY ASSIGNMENT NOTES Color representations of Condition Rating are provided as a visual aid. Preservation or removal recommendations apply only to onsite trees and based on an opinion of preservation suitability near development. Circles are colored by the following convention: CONDITION RATING COLOR KEY (160) 6" IE (151) 21" QL (152) SP (161) ST (162) CV (163) 15" LJ PROTECTED TREES Type 1 - Tall and Wide Tree Type 3 - Short or Multi-Trunk Tree Type 2 - Tall and Narrow Tree Palm Tree DBH (Typ.) Tree Number (Typ.) EXEMPT TREES Category 1 Invasive Category 2 Invasive Tree Number Tree Species Tree Species (Typ.) TREE INVENTORY LEGEND I, Richard Peterika, certify that: ·I have personally inspected the trees and the property referred to in this inventory and have stated my findings accurately. The extent of the inventory is stated in the Inventory Assignment Notes. ·I have no current or prospective interest in the vegetation or the property that is the subject of this inventory and have no personal interest or bias with respect to the parties involved. ·The analysis, opinions, and conclusions stated herein are my own and are based on current scientific procedures and facts. ·My analysis, opinions, and conclusions were developed and this inventory has been prepared according to commonly accepted arboricultural practices. ·No one provided significant professional assistance to me, except as indicated within the inventory. ·My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events. I further certify that I am a member in good standing of the American Society of Consulting Arborists and the International Society of Arboriculture. I am licensed by the Florida Department of Business and Professional Regulation as a Landscape Architect. I have been involved in the fields of Landscape Architecture and Arboriculture in a full-time capacity since 2009. CERTIFICATION OF PERFORMANCE 1.Any legal description provided to the consultant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2.Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 3.Unless expressed otherwise: (1) information contained in this inventory covers only those items that were examined and reflects the condition of those items at the time of inspection; and (2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future. ASSUMPTIONS AND LIMITING CONDITIONS This document has been digitally signed and sealed by: RICHARD F. PETERIKA Printed copies of this document are not considered signed and sealed. The signature must be verified on the electronic documents. Dark Moss LLC, 308 E 7th Ave Tampa, Florida 33602 Richard Peterika, ASLA, AICP, RCA #641, ISA-FL #5893B June 30, 2021 SHEET NUMBER:PROJECT:ISSUE DATE: SHEET TITLE: PHASE: PREPARED FOR:LOCATION:REVISION:308 E 7th Ave Tampa, Florida 33602813-532-3440 info@darkmoss.com darkmoss.comAll Rights Reserved.·Dark Green: Excellent (preservation is strongly warranted) ·Light Green: Good (preservation waranted) ·White: Fair (consider preserving) ·Light Tan: Poor (removal may be warranted unless the consequence of failure is "negligible" or "minor") ·Brown: Very Poor (removal is likely warranted unless the consequence of failure is "negligible") ·Lavender: Category 1 Invasive (removal is usually required) or Category 2 Invasive (consider removing) TREE INVENTORY TABLE 1.DBH and Permit DBH: The species or structure of a tree can be incompatible with a municipal or jurisdictional ordinance. DBH is the arborist's field adjusted dbh determination, based on the Guide for Plant Appraisal, 10th Edition (2018). Permit DBH is a translation of the field adjusted dbh to a value relevant to applicable permitting requirements. 2.H-S-F = CR "Health, Structure, and Form" to Condition Rating: A composite, weighted assessment of health, structure, and form. Adapted from the Guide for Plant Appraisal, 10th Edition, second printing (2019)("10th Edition"). Values range from: A-Excellent, B-Good, C-Fair, D-Poor, F-Very Poor or Dead. 2.1.H-S-F values are provided for reference, but only the single CR value shall be considered for permitting purposes. This CR value conforms to the City of Clearwater Tree Evaluation Grades per CDC 3-1202. 2.2."Y" is used when no value is applicable. RATING NOTES: TREES REMOVED: 10 PALMS REMOVED: 1 TOTAL TREE INCHES REMOVED: 144 FAIR OR BETTER TREE INCHES REMOVED: 130 POOR OR WORSE TREE INCHES REMOVED: 144 REPLACEMENT REQUIRED: 130 INCHES @ $48 PER INCH = $6,240 1 PALM TREE W/ 10' CLEAR TRUNK REPLACEMENT REQUIRED EX. SAN EX. SAN 3" 1" 12" 12" 12" 29" 25" 21" 26" 30" 11" 9" 6" 5" 1"[]XXXXXXXX X X EX. OHP EX. OHPEX. OHP EX. OHPEX. OHP EX. OHP 12" VCP 12" VCP 12" VCP12" VCP[][][][][][][][][]EX. SAN EX. STEX. SANEX. WM EX. WM EX. WM EX. WM EX. WM EX. WM EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASEX. GASEX. GASEX. GAS EX. GAS EX. GAS 6" " "EX. SANEX. SANEX. SANEX. SANEX. SANGRANDGRANDGRAND GRAND GRANDGRAND0" QV (101) 43" QV (102) 14" QV (103) 12" QV (104) SP (105) SP (106) 29" QV (107) 25" QV (108) 21" QV (109) 26" QV (110) 14" LS (113) 5" LS (114) WB (115) 4" QV (116) 6" QV (117) 4" QV (117) 4" QV 3 R-PRUNE R-PRUNE2 6 6 3 Preservation of Tree 108 is likely infeasible due to the combination of existing tree condition and proximity of construction activity impacts. The tree has been counted as removed but physical may be attempted if determined feasible in during site clearing. 2 2 2 SHEET NUMBER:PROJECT:ISSUE DATE: SHEET TITLE: PHASE: PREPARED FOR:LOCATION:REVISION:308 E 7th Ave Tampa, Florida 33602813-532-3440 info@darkmoss.com darkmoss.comAll Rights Reserved.TREE PROTECTION PLAN TR1.1 TREE PROTECTION PLAN PERMIT ONLY BLUE PIERCE LLCBLUE DOLPHIN TOWERCLEARWATER, FLORIDAPIERCE STREET FRANKLIN STREET 0 feet40 1" = 20' 20 60 80 N O R T H GRAND TREE6'h chainlink fence with min. 1" diameter steel posts @ 8' O.C. max set on steel feet loaded with one 50-pound sandbag per foot Fallen fences shall be repaired immediately. Tree Protection Sign placed every third fence panel or maximum 25' apart Orange Safety Fence 42"H high density polyethylene safety fencing with 3.5"x1.5" openings, wire tie to fence every four feet PRZ PRZ PRZ: Protective Root Zone: See plan for fence extents, but typically the extents are as follows: 2.1.Protected Trees: 10' offset from face of trunk (FFT) 2.2.Grand Trees: 20' offset FFT 2.3.Palms: 3' offset FFT PROTECTED TREE MANTENEER FUERAAREA DE PROTECCIONDE ARBOLES KEEP OUTTREE PROTECTION AREARecycled Mulch 3" to 5" layer of recycled hardwood mulch from non-invasive trees, chippings from onsite removed trees as acceptable Recycled Mulch 3" to 5" layer of recycled hardwood mulch from non-invasive trees, chippings from onsite removed trees as acceptable Orange Silt Fence 42" high orange silt fence, staple to each lodge pole. Fold bottom if needed. DO NOT TRENCH Lodge Pole 6' long 2" round wooden stakes set at maximum 10' on center, embedded a minimum of 24" in ground, adjust as needed if large roots are encountered 8' Max (typ.)10' Max (typ.) GRAND AND PROTECTED TREE PROTECTION (HC) 1/4" = 1'-0"1 TR-02 1.ROOT PROTECTION: Installation of artificial barriers such as protective barricades, fences, posts or walls shall not destroy or irreversibly harm the root system of projected trees. Footers for walls shall end at the point where larger roots are encountered, and the roots shall be bridged. Post holes and trenches located close to protected trees shall be adjusted to avoid damage to major roots. 2.MULCHING: During the site clearing phase, a layer of mulch shall be applied over the surface of exposed roots of tree to remain. Thickness shall be as follows: 2.1.Protected Trees: two inch thickness, zero inch thickness at trunk 3.SIDEWALKS: All sidewalks within the dripline of existing trees or within any natural preservation or tree protection area shall be installed at or above existing grade according to sidewalks over tree roots detail. 4.TREE PROTECTION BARRICADES: All trees to remain must be protected by tree protection barricades meeting the minimum standards shown on the protective tree barricade diagram. Protective barricades shall remain in place until land alteration and construction activities are completed. 5.UNLAWFUL ACTIVITIES: During land alteration and construction activities, within the dripline of a tree remaining on site, unless otherwise approved by the administrator; it shall be unlawful to remove vegetation, except by hand, by grubbing or to place soil deposits, debris, solvents, construction material, machinery or other equipment of any kind within the dripline of a tree to remain on the site. 6.ROOT PRUNING: All tree roots existing within approved improvement areas and originating from a protected tree, shall be severed clean at the limits of the preserved area where indicated on the plan. Roots shall be severed with pruning equipment equivalent to a Dosko root cutter. 7.PRUNING: All trimming undertaken on a tree protected by the provisions of the land development code shall be in accordance with the most current version of American National Standards Institute (ANSI) A-300 pruning standards. 8.EROSION CONTROL: Proposed land alteration activities shall not unnecessarily remove existing vegetation and alter existing topography. Adequate protection measures (i.e., hay bales, baffles, sodding and sandbagging) shall be provided, as necessary, to minimize erosion and downstream sedimentation caused by surface water run-off on exposed land surfaces. 9.STABILIZATION: Any areas subject to erosion must be adequately stabilized with vegetative material that will, within a reasonable time frame, deter soil disturbance. Sodding, plugging, sprigging or seeding is acceptable for stabilization; however, sodding may be required in areas of erosion-prone soils or where slopes are greater than 5:1. Vegetation other than grass is acceptable unless otherwise specified. 10.VALUATION OF DAMAGE: The contractor is hereby given notice that any damage or death of protected trees or natural vegetation caused by unauthorized construction-related activities will require restoration/replacement acceptable to the owner or owner's representative. Compensation for trees over 12" DBH shall be determined utilizing methods of appraisal developed by the International Society of Arboriculture. In the event that barricades are not maintained and damage from root disturbance or chemical leaching are not immediately apparent, the owner reserves the right to retain that portion of scheduled payments to the contractor equivalent to the anticipated loss of value in the event of death or decline for a period of 12 months after the damaging activity occurs. The contractor may elect to bond said value in lieu of retainage. TREE PROTECTION NOTES "Grand Tree" is not defined in the City of Clearwater CDC and carries no meaning in this plan set. The term is only used to differentiate between two tree protection barricade requirements. SYMBOL DESCRIPTION QTY Grand Tree PRZ Fence 287 lf Root Pruning 106 lf SYMBOL DESCRIPTION QTY Existing tree to remain 9 SYMBOL DESCRIPTION QTY Existing Pavement within Tree Protection Area to be removed 1,843 sf 2 3 5 6 REFERENCE NOTES SCHEDULE TREES 1 TRASH ROOM EL. 2'-0"EL. 6'-10"12% SLOPE 2.0% SLOPE EL. 0'-0" HC HC HC HC HC HC STORMWATER VAULT UP UP EL. 0'-6" 2A UNIT 1C UNIT 1C UNIT 2A UNIT 2A UNIT 2B UNIT MANAGER OFFICE 211 sf LEASING OFFICE 293 sf LOBBY- LOUNGE 503 sf CLUBROOM 628 sf PUMP ROOM FITNESS CENTER 578 sf EMER. GEN. MAINT. STORAGE MAINT. OFFICE COPY FILE STOR.MAILW M ELEC 1C UNIT UP UP TRASH ROOM STORAGE MECH []XXXXXXXX X X EX. OHP EX. OHPEX. OHP EX. OHP [][][][][][][][][]EX. GASEX. GASEX. GASEX. GASEX. GASEX. GASEX. GAS EX. GAS EX. GAS EX. GAS EX. GASEX. GASExisting Utility Easement 26 NM 99 LC 24 PXX33 PM 19 PXX 6 AC 2 ZP 2 ZP 2 ZP 2 ZP 2 ZP 2 ZP 5 MD 49 PN 5 ZP 1 CQ 5 ZP 1 CQ 5 ZP 1 CQ 5 ZP 1 CQ 2 CM 4 PN 7 MD 2 DL 10 LC 26 TAM21 PXX 15 PS 127 TAM65 CB 62 TAM 43 LC 2 DL 3 CM 12 PS 1 STN 4 AV 1 AI 5 MD 12 ADE 1 AC 1 SR 1 HC 1 AI 7 PN 1 AI 6 MD 9 PXX 2 AV 94 TAM 1 SR 3 AV 1 CR 6 ADE 1 HC 3 AV 1 HC 1 CR 1 HC 1 AI 9 ADE 1 ZZ 7 PXX 1 HC 1 DL 11 AV 10 ADE 1 FA 29 MD 4 PXX 6 CM 18 TAM 2 CM 1 CQ 11 DE 11 SB 1 CQ 2 CM 13 DE 17 SB 6 PS 173 TAM 121 LC 3 SB 1 AC 127 EH 6 ADE 5 PXX 56 TAM 22 AD 1 PR 1 AI 1 HC 1 ZP 1 DL 8 AV 14 MD 44 CB 1 STN 7 CM 1 DL 120 TAM 52 LC 1 AI 2 AV 1 HC 1 SR 1 AC 13 ADE 3 ZP 2 CQ 12 PXX 1 FA 3 AV 6 ADE 17 MD 7 NR 4 4 SHEET NUMBER:PROJECT:ISSUE DATE: SHEET TITLE: PHASE: PREPARED FOR:LOCATION:REVISION:308 E 7th Ave Tampa, Florida 33602813-532-3440 info@darkmoss.com darkmoss.comAll Rights Reserved.LANDSCAPE PLAN LA1.0 LANDSCAPE PLAN PERMIT ONLY BLUE PIERCE LLCBLUE DOLPHIN TOWERCLEARWATER, FLORIDAThis document has been digitally signed and sealed by: Printed copies of this document are not considered signed and sealed. The signature must be verified on the electronic documents. Richard Peterika, PLA#6667088 Dark Moss LLC 308 E 7th Ave Tampa, Florida 33602 THE ABOVE NAMED REGISTERED LANDSCAPE ARCHITECT SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH RULE 61G10-11.011, F.A.C. PIERCE STREET FRANKLIN STREET 0 feet40 1" = 20' 20 60 80 N O R T H APPLICATION RATES ALL PLANTINGS SHALL BE FERTILIZED WITH AGRIFORM 20-10-15 FERTILIZER TABLETS, 2 YEAR FORMULA PLANTING TABLETS AT THE TIME OF INSTALLATION AND PRIOR TO COMPLETION OF BACKFILLING. AGRIFORM PLANTING TABLETS SHALL BE PLACED UNIFORMILY AROUND THE ROOT MASS AT THE DEPTH THAT IS BETWEEN THE MIDDLE AND THE BOTTOM OF THE ROOT MASS. AGRIFORM 20-10-5 PLANTING TABLETS AS MANUFACTURED BY: SIERRA CHEMICAL COMPANY 1001 YOSEMITE DRIVE MILPITAS, CA 95035 NOTE: LANDSCAPE ARCHITECT MAY MAKE A RANDOM SAMPLING OF PLANT PITS TO DETERMINE THE UNIFORMITY OF APPLICATION. 21 GRAM TABLET 10 GRAM TABLET 5 GRAM TABLET 1 GALLON CAN PLANTS 3 GALLON CAN PLANTS 5 GALLON CAN PLANTS 7 GALLON CAN PLANTS LARGE TREES OR B&B TREES MATURE PALMS WELL-ROOTED LINERS SMALL GROUNDCOVERS OR PERENNIALS 1 TABLET 2 TABLETS 3 TABLETS 4 TABLETS TREES: 5 TABLETS FOR EA. 1/2" OF CALIPER SHRUBS: 1 TABLET FOR EA. 1' OF HEIGHT 10 TABLETS PER PALM 1 TO 2 TABLETS 1 TABLET FERTILIZATION - TREES, SHRUBS & GROUNDCOVERS Sheet List Table Sheet Number Sheet Title Tree Disposition Plans TR1.0 TREE INVENTORY AND DISPOSITION PLAN TR1.1 TREE PROTECTION PLAN Code Minimum Plans LA1.0 LANDSCAPE PLAN LA1.1 LANDSCAPE DETAILS TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE SPREAD DETAIL REMARKS AC 9 Archontophoenix cunninghamiana King Palm 10` ct CM 22 Caryota mitis Fishtail Palm 9` OA Full DL 7 Dypsis lutescens Areca Palm 8` OA Full FA 2 Ficus maclellandii 'Alii'Alii Banana-leaf Ficus 8` OA PR 1 Phoenix roebelenii Pygmy Date Palm Multi-Trunk ---Triple, 8` OA specimen STN 2 Strelitzia nicolai Giant Bird of Paradise 12` OA Full SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE TYPE DETAIL REMARKS AI 6 Alcantarea imperialis Imperial Bromeliad 15 gal.Full, 18 perfect leaves AV 36 Alpinia zerumbet `Variegata`Variegated Shell Ginger 7 gal.min. 48" h, min 24" spread ADE 62 Asparagus densiflorus `Myers`Foxtail Fern 3 gal.min. 12" h, min. 12" spread CR 2 Chrysobalanus icaco `Red Tip`Red Tip Cocoplum 3 gal.US min. 24" h, min. 12" spread CB 109 Cleyera japonica `Bronze Beauty`Bronze Beauty Cleyera 7 gal.min. 48" h, min 24" spread CQ 8 Crinum augustum `Queen Emma`Queen Emma Crinum Lily 7 gal.SS Florida Fancy, min. 36" h, min. 36" spread, min. 10 perfect leaves, dense DE 24 Duranta erecta `Gold Mound`Gold Mound Dewdrops 7 gal.16" high x 16" spread, full HC 7 Heliconia caribaea Wild Plantain 15 gal. MD 83 Monstera deliciosa Swiss Cheese Philodendron 7 gal.min. 24" h, min. 24" spread. Full NR 7 Neomarica caerulea 'Regina'Giant Walking Iris 3 gal.min. 15" h, min 15" spread PXX 101 Philodendron selloum `Xanadu`Dwarf Philodendron 7 gal.min. 18" h, min. 18" spread PM 33 Podocarpus macrophyllus Podocarpus 7 gal.C min. 30" h, min. 15" spread PN 60 Psychotria nervosa Wild Coffee 7 gal.US min. 48" h, min. 24" spread SR 3 Strelitzia reginae Orange Bird Of Paradise 7 gal.US min. 48" h, min. 24" spread ZP 36 Zamia pumila Coontie 7 gal.GC Florida Fancy, min. 24" h, min. 36" spread, well-shaped, dense ZZ 1 Zingiber zerumbet Pine Cone Ginger 7 gal.min. 15" h, min 15" spread SHRUB AREAS CODE QTY BOTANICAL NAME COMMON NAME SIZE SPACING DETAIL AD 22 Asparagus densiflorus `Myers`Myers Asparagus Fern 3 gal.36" o.c.min. 12" h, min. 12" spread EH 127 Equisetum hyemale Horsetail Reed 1 gal.20" o.c.Full NM 26 Nephrolepis biserrata `Macho Fern`Macho Fern 1 gal.42" o.c.full and healthy PS 33 Philodendron selloum Tree Philodendron 7 gal.72" o.c.min. 36" h, min. 36" spread SB 31 Spartina bakeri Sand Cordgrass 1 gal.48" o.c.min. 15" h, min 15" spread GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE SPACING DETAIL LC 325 Liriope spicata Creeping Lily Turf 1 gal.24" o.c.Full TAM 676 Trachelospermum asiaticum `Minima`Minima Jasmine 1 gal.30" o.c.min. 6" h, min 12" spread PLANT SCHEDULE PERMITTING NOTE NO LANDSCAPING IS REQUIRED FOR DOWNTOWN CORE DISTRICT. LANDSCAPE MAY CHANGE. SYMBOL DESCRIPTION QTY DETAIL Argentine Bahia Sod 1,018 sf4 REFERENCE NOTES SCHEDULE SHEET NUMBER:PROJECT:ISSUE DATE: SHEET TITLE: PHASE: PREPARED FOR:LOCATION:REVISION:308 E 7th Ave Tampa, Florida 33602813-532-3440 info@darkmoss.com darkmoss.comAll Rights Reserved.LANDSCAPE DETAILS LA1.1 LANDSCAPE DETAILS PERMIT ONLY BLUE PIERCE LLCBLUE DOLPHIN TOWERCLEARWATER, FLORIDA Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0085 Agenda Date: 2/14/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Approve the Purchase contract for the City of Clearwater Community Redevelopment Agency (CRA) to purchase real property located at 1351 Cleveland Street, Parcel No. 15-29-15-64890-003-0050, with a purchase price of $445,000 and total expenditures not to exceed $10,000, including closing-related costs and preparation of the site, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. SUMMARY: The purpose of this item is to request approval to purchase 1351 Cleveland Street which is the location of the Idle Spur Bar. The subject property, Parcel Identification Number 15-29-15-64890-003-0050, is owned by Clark D. Hubbard (Seller). Seller’s property has a total land area of approximately 10,500 square feet and is developed with a 1,599 square foot building. The property has approximately 50 ft of linear frontage on Cleveland Street and approximately 50 ft of linear frontage on Park Street. The subject property is adjacent to privately owned land to the west and CRA-owned property to the east. A primary purpose of the CRA is the assembly and redevelopment of blighted property. This business generates numerous calls to the police and is in a state of disrepair. It sits adjacent to three vacant parcels owned by the CRA that are currently undergoing environmental remediation and are planned for redevelopment. Once acquired, the CRA will demolish the existing building, conduct any required environmental remediation, and engage the public in a planning process to inform the redevelopment of the newly combined sites. An independent appraisal was performed on the property on November 15, 2021, by Jim Millspaugh and Associates. The appraisal report determined that the fair market value of the property is $220,000.00 and the fair market value of the business is $225,000.00. Seller and Buyer have contracted herein for Real Property only. The CRA does not typically purchase properties with active businesses. The purchase price includes the fair market value of the business to fairly compensate the property owner for the removal of an active business. Summary of costs for the purchase of the subject property are as follows: Purchase price $445,000 Closing related costs (not to exceed) $10,000 TOTAL $455,000 Your approval is recommended. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0085 Funding is available in CRA Project Fund R2004 - Economic Development County. Page 2 City of Clearwater Printed on 2/6/2022 1 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA COMMUNITY REDEVELOPMENT AGENCY PARTIES: Clark D Hubbard, whose mailing address is 1498 Bass Blvd, Dunedin, FL 34698-4356 (herein "Seller"), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (herein "Buyer" or “CRA”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell, and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION 1351 Cleveland St Clearwater, Fl 33755 Real Property ID No 15-29-15-64890-003-0050 As more particularly described and depicted in Exhibit “A” (attached hereto and incorporated herein). PERSONALTY: NONE Seller and Buyer have contracted herein for Real Property ONLY. Buyer expressly disclaims any interest or title in the personal property of the Seller, whether located within the Real Property or otherwise. Additionally, Buyer expressly disclaims any interest, title, or assignment of Seller’s business, commonly known as the Idle Spur Saloon, or business assets, equipment, fixtures, goodwill, or inventory. 2. FULL PURCHASE PRICE ...........................................……………………………….… $445,000.00 3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Buyer. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to the Executive Director of the Community Redevelopment Agency of the City of Clearwater for acceptance and approval, counteroffer, or rejection by action of the Clearwater City Council ("Council") serving in its capacity as the governing board of the CRA. If this agreement is accepted and approved by the CRA, it will be executed by duly authorized CRA officials and delivered to Buyer within 10 days thereafter. The “Effective Date” shall be the date indicated above the CRA officials’ signatures (see page 8). If a counteroffer is approved by the CRA, it shall be delivered to Seller in writing within 10 days of such action by the CRA, and Seller shall have 10 days thereafter to deliver to Buyer written notice of [GM21-9311-063/283306/1] 2 acceptance or rejection of such counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected by Seller, the offer for sale or purchase and this contract, as the case may be, shall thereafter be null and void in all respects at midnight on the day following such action. If this contract is rejected by the CRA upon initial presentation to the CRA, this contract shall never become effective (lacking CRA official signatures), and the offer for sale or purchase and this contract, as the case may be, shall be null and void in all respects at midnight on the day following CRA rejection and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise, title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, in Buyer’s sole discretion, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on the Property, or that improvements located on the Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent (“Closing Agent”) and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 120 days of the Effective Date unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision [GM21-9311-063/283306/1] 3 of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments, as applicable. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the deed, unless exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by the Buyer. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters from each tenant specifying the nature and duration of the tenant’s occupancy. [GM21-9311-063/283306/1] 4 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the Effective Date hereof (“Inspection Period”), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer’s intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer’s inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller’s prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer’s selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final “walk-through” inspection of the Property to determine compliance with any Seller obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. SELLER HELD HARMLESS Buyer is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(a) resulting from Buyer’s own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 18. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property “as is”, together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM21-9311-063/283306/1] 5 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller’s attorney, the Closing Agent, or by such other mutually acceptable escrow agent for a period of no longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially affect the value of the Property, or which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [GM21-9311-063/283306/1] 6 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. 29. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES Owner shall execute and deliver to the City the “Disclosure of Beneficial Interests” required pursuant to Section 286.23, Florida Statutes. 30. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 31. GOVERNING LAW [GM21-9311-063/283306/1] 8 APPROVED BY BUYER & EFFECTIVE this _____ day of _________________________, 2022. Countersigned: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Amanda Thompson Chairperson Executive Director Approved as to form: Attest: ___________________________ ________________________________ Michael Fuino Rosemarie Call CRA Attorney City Clerk CLEVELAND STREET 100' R/W PARK STREET 50' R/W EVERGREEN AVENUEEVERGREEN STREET (PLAT)50' R/WLot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9Lot 10 Lot 20Lot 19Lot 18Lot 17Lot 16Lot 15Lot 14Lot 13Lot 12Lot 11 Overbrook Subdivision Block 3 Plat Book 8, Page 23 Revised Plat of Brookwood Terrace Block 1 Plat Book 8, Page 34 14 Evergreen Ave.1359 Cleveland St.1351 Cleveland St.1343 Cleveland St.Lots 5, 6, 15 and 16, Block 3, Overbrook Subdivision, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Pinellas County, Florida, recorded in Plat Book 8, Page 23, said lands situate lying and being in Pinellas County, Florida. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A 1351 Cleveland Street Contract for Sale of Real PropertyJABTLM 01/20/2022 Lgl_2022-02 1 1 15 29s 15e This is not a survey N.T.S. Legal Description 1351PARK ST CLEVELAND ST S EVERGREEN AVE N EVERGREEN AVE GULF-TO-BAY BLVD 14 1613591344 135613301365136213601356135013311343135713531367134513611339AERIAL MAP Document Path: C:\Users\Kelsey.Troyer\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\1351 Cleveland St - CRA Acq.mxd Parcel Size:+/- 0.24 ac. Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2021 Proposed CRA Property Acqusition1351 Cleveland St.Parcel Number: 15-29-15-64890-003-0050 N.T.S.Scale:KTMap Gen By:SKReviewed By:12/16/2021Date: APPRAISAL REPORT REAL PROPERTY AND BUSINESS VALUE IDLE SPUR SALOON 1351 CLEVELAND STREET CLEARWATER, FLORIDA 33755 DATE OF VALUATION NOVEMBER 15, 2021 PREPARED FOR MR. JAMES BENWELL CITY OF CLEARWATER ACTING REAL ESTATE SERVICES COORDINATOR 100 S. MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 E-MAIL: JAMES.BENWELL@MYCLEARWATER.COM PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 PHONE: (727) 461- 2648 FAX: 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com November 29, 2021 Mr. James Benwell City Of Clearwater Acting Real Estate Services Coordinator 100 S. Myrtle Avenue, Suite 220 Clearwater, Florida 33756 E-Mail: James.Benwell@Myclearwater.Com RE: Appraisal Services Idle Spur Saloon 1351 Cleveland Street Clearwater, Florida 33755 Dear Mr. Benwell: At your request, I have made an appraisal of the current market value of the fee simple estate of the above referenced real property plus business value. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 27 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the market value of the referenced real property plus business value and subject to the stated limitations, definitions and certifications as of November 15, 2021, was: REAL PROPERTY: $220,000 BUSINESS VALUE: $225,000 Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 1 Statement of Ownership and Recent Sales History 2 Exposure Period Estimate 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 9 Assessment and Tax Data 10 Zoning and Land Use Data 10 Description of the Improvements 10 Highest and Best Use 11 Land Value Estimate 12 Land Sales Analysis and Conclusion 18 Replacement Cost Estimate 18 Income Approach: Business Value 20 Sales Comparison Approach 22 Sales Comparison Analysis and Conclusions 27 ADDENDA Qualifications of the Appraiser Standard Definitions EXISTING CONDITIONS IDLE SPUR SALOON 1351 CLEVELAND STREET CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: NOVEMBER 15, 2021 FRONT BUILDING VIEW FROM CLEVELAND STREET BACK VIEW FROM PARK STREET IDENTIFICATION OF THE PROPERTY: The subject fronts the south side of Cleveland Street approximately 200’ west of Evergreen Avenue and roughly ½ mile east of N. Missouri Avenue. It is legally described as Lots 5, 6, 15 and 16, Block 3, Overbrook Subdivision, Plat Book 8, Page 23. CENSUS TRACT LOCATION/ZIP CODE: #264.02/33756 FLOOD ZONE LOCATION: Pinellas County, Florida Map #12103C0109J Effective Date: 8-24-21 The subject is located in an AE flood zone that borders the Stephenson Creek drainage way. Finish floor elevations at this location must be 19’-20’ above sea level. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. A proximate former gasoline service station located at the southwest corner of Evergreen and Cleveland Street was contaminated and monitoring wells were installed on the subject Cleveland street frontage. As such, the monitoring well cost would be borne by the City of Clearwater that owns the referenced property and, therefore, is not considered to negatively impact the subject value. Any transfer of the property, however, would prompt at a minimum a level one environmental audit and if positive for remediation costs for the subject, I reserve the right to review this report value conclusion. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL: The objective of the report is to estimate the current market value in fee simple estate of the subject real property and business value as of November 15, 2021 (date of inspection and photographs). It is my understanding that the intended use of the report is to guide the City of Clearwater in their pending purchase of the real property and associated business value and the intended users are the City of Clearwater representatives and no others. 2 STATEMENT OF OWNERSHIP AND RECENT SALES HISTORY: The real property is owned by Clark D. Hubbard who acquired the title in February 1990 at a public records price of $180,000 (recorded O. R. Book 07195, Page 2185) with the owner acquiring the 4COP license separately. There have been no subsequent transfers of the property that would impact the current market value. EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject at my value estimate on the appraisal date. Given the shifting COVID-19 pandemic and strong demand for the property type, this period would likely have been in the 6 to 12 month range. Further, the ongoing road work on Cleveland Street is not factored in the following projections but is viewed as a positive benefit to the locale. SCOPE OF THE APPRAISAL: The extent of my research effort for this property has focused on the proximate greater Clearwater retail market for the sale/lease of similar facilities while I am familiar with and have considered data located throughout Pinellas County. Specifically, I have researched the Pinellas Clerk’s and Property Appraiser’s data, the local MLS files, various business periodicals, local Internet sources and my newspaper clipping files. I have inspected the noted market area, viewed the comparable sales and verified the details with a related party. The report will include Cost, Income and Sales Comparison Approaches for the land and improvements which are the most reliable for this property type. 3 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions. STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. 4 The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. 5 The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated current market value of the subject real property and business value as of November 15, 2021, was: REAL PROPERTY: $220,000 BUSINESS VALUE: $225,000 _____________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser RZ58 7 AREA DESCRIPTION: The Downtown Gateway district extends from Missouri to Highland and from Drew to Court with Cleveland Street being the central east-west corridor but Court and Drew having the heaviest traffic counts. The 2017 Forward Pinellas Traffic Count Map noted Court Street at 36,500 west of Highland, Drew Street at 20,200 west of N. Betty Lane and Cleveland Street on the diagonal Gulf-To-Bay at 5,000 and Missouri Avenue north of Court Street at 13,500. As such, the retail development potential here and in particular along Cleveland Street is not that attractive. This locale had suffered a notable shift in demographics prior to the financial collapse in 2007-2008 that worsened during the following decade when the typical resident here was an immigrant tenant. Subsequent new housing here including the proximate townhomes on Drew Street at N. Betty Lane improved the ownership ratio and general income levels to some extent and the housing stock has been substantially upgraded and now having a stable occupancy. Further, new triplex units with added garages and second floor apartments are under development on Park Street west of N. Betty Lane in place of former single-family residences. The from the retail standpoint, the Cleveland Plaza center enjoys a stable occupancy with physical upgrades and the Cleveland Street retail units facing the center have been upgraded as well and includes several popular restaurants. Currently, Missouri Avenue north of Court Street has a rehab fast food, an under-development laundromat in a former bank branch and the JB Executive Center is also undergoing a near total rehab with no announced tenants. Missouri Avenue south of Court Street to East Bay Drive is attracting new retail/restaurant space after decades of a slow decline. The only relatively modern retail near the subject includes a small strip center that failed and sold after a lengthy marketing period for use as a laundromat with a vacant unit remaining un-leased. Further, the older modest quality strip centers on the diagonal section of Gulf To Bay continued to maintain a stable/profitable occupancy while the Court Street corner three story office building was recently acquired for use by a local businessman who resides along Clearwater Harbor and was replacing his space near the Bayside Bridge on Gulf To Bay Boulevard. In summary of the described area, it has no substantial benefits for retail/offices that continue to seek the more active roadways in eastern Clearwater and surrounding suburban “hot spots” such as Dunedin, U.S. Highway 19, and increasingly Largo areas such as Largo Mall and Tri-City at East Bay/U.S. Highway 19. The recent history in the downtown Clearwater core has 8 9 been spotty with multi-family being the largest at the Nolen and 1100 Apex (former Strand) where retail has been minimal to date. There were also two new storage complexes added on Myrtle Avenue and Duncan north of Gulf-To-Bay that likely eliminates that concept in subject’s locale with the Frontier structure and adjacent parking having conversion potential for a variety of uses. While the subject zoning will allow an extensive list of alternate concepts at high intensity in relation to the suburban areas, the ultimate demand for this relatively small parcel may not support or use these zoning benefits. With the COVID-19 pandemic likely fading, the statewide population growth fueled by migration from costly major cities and continued modest interest rates are viewed as offsetting any potential negative to the 2016-2019 growth trends. As such, the surrounding environment for this locale where development land is readily available and infrastructure is being improved is somewhat favorable for the short-term (0-2 years) and potentially for the longer-term (2-5 years) foreseeable future. The proximate soup kitchen, however, located across Park Street will continue to represent a general negative for values here. SITE DATA: The site is formed by four plated lots measuring 50’ frontage on both streets with a 210’ depth and total land area of 10,500 SF or 0.24 acres MOL. The site is basically level with a slight slope to the west toward Stephenson’s Creek. It is above both road grades and, as such, does not have any extraordinary drainage problems. Cleveland is a four lane with center turn lane having complete improvements while Park Street is a two-lane local road with ample improvements that dead ends to the west at Stevenson’s Creek. Surrounding improvements include restaurant to the west, soup kitchen and residential to the south, vacant lots with older style car wash beyond to the east and light retail/service space across Cleveland Street. The roadway is undergoing a modern extension coming west from Missouri and extending to Highland at Gulf To Bay Boulevard. This upgrade is expected to positively benefit all frontage parcels. The northwest corner of north Betty Lane and Cleveland is pending a new multi-family development plus attempts are continuing to attract an investor for the former GTE building (now Frontier). 10 ASSESSMENT AND TAX DATA: Pinellas County Parcel # 2021 Assessment 2021 Total Gross Tax 15-29-15-64890-003-0050 $159,000 $3,101.89 If paid early: $2,977.81 The tangible personal property assessment for 2021 is at $1,880 which falls below the de minimus level and is tax exempt. ZONING AND LAND USE DATA: The site is zoned D for downtown with a CBD (Central Business District) land use and Downtown Gateway character district. This is the least intensive in the D district south of Drew Street with boundaries from Missouri to Highland and Drew to Court. Basic development guidelines include a maximum 1.5 FAR, a multi-family density at 35 PA and hotel at 40 PA plus a 55’ maximum height. Allowed uses are extensive with a residential concept requiring two parking spaces per unit, and nonresidential use (39) including a large variety of retail, office, institutional concepts including self-storage. There are three levels of approvals: BCP Level 1 minimum standard by staff, FLS Level - Flexible Standard Development approved by Community Development Coordinator and FLD Level 2 - Flexible Development/Community Development Board approval. Other specific requirements are form-based to present a uniform development pattern. All of the regulations are designed to allow functional uses of all ownership entities that can also qualify for various bonus intensities from density pools and waivers of various requirements. The subject improvements and uses are allowed per the regulation and would be grandfathered-in otherwise. DESCRIPTION OF THE IMPROVEMENTS: These comprise a 1951-built masonry, low profile neighborhood bar supported by a 15- space back parking lot accessed by a side driveway. The building reported by the Property Appraiser is 1,599 SF and a 10/10/16 survey by Alpha Land Surveying notes dimensions calculated at 1,593 SF. I will utilize the public figure that is commonly used by most local parties. 11 Basic construction details include concrete block walls to an 8’ wall height with framed- in back sections housing office/cooler space. The roof is basically flat with pitched slopes to both sides supported by a central interior post and exterior walls. The roofing is light weight rolled with no storm gutters and the exterior walls are painted stucco. There are two front plate glass windows in aluminum frames, one storefront aluminum door and one wooden rear exit door. Interior finishes are plank/ceramic tile and carpeted flooring, paneled walls, ½ ceramic in restrooms and dropped acoustical ceilings. The bar is framed with typical plumbing/sinks. There are three roof mounted HVAC units, a hot water heater and two restrooms (2 and 3-piece) plus standard electric/lighting. Site improvements include paved parking/drive lane plus front signage. One HVAC was replaced 2020, the roof was upgraded in 2007 and the cooler space had been rebuilt after an auto crash by a disgruntled customer. The exterior and interior finishes are dated with minimal upgrades to allow continued operation. The building appears to have an effective 30-35 year age. HIGHEST AND BEST USE: (Defined in Addenda) After my inspection of the improvements plus the surrounding district uses, it is clear that the existing improvements represent this concept. The existing business is successful/profitable and located in a district having minimal competition. While the physical condition requires upgrades to be considered marketable, the existing status is generating substantial business. Otherwise, the basic masonry building shell can be easily altered for a variety of allowed concepts and the parking ratio (15 spaces per 1,599 SF) at 9.38/1,000 SF is well above average. The structure is well laid out for the use and is therefore, physically possible, is legally permissible per zoning and land use rules, has proven to be financially feasible and given the favorable proximate demographics is likely the most maximally productive concept. If the site was vacant it would most likely be purchased by the adjacent municipal owner that continues to assemble land for the area upgrade along with the ongoing street improvements. 12 LAND VALUE ESTIMATE: This methodology values the site by comparison to proximate land sales which have been nearly non-existent for the past five years or so. These examples are the best known to me and are described here on separate detail sheets and then analyzed and adjusted below in relation to the subject. The most common value metric is the price PSF. 13 14 LAND SALE #1 Location: NE corner of S. Missouri Avenue and Rogers Street, Clearwater Legal Description: Lots 30B, 31A and 31B, Block R, Hibiscus Gardens, Plat Book 14, Page 55 Date of Sale: May, 2020 Sale Price: $64,000 Size: 75’ x 99’; 6,750 SF Price PSF: $9.48 Grantor: J. Meek Estate/Music 4 Life, LLC. Recording Data: O.R. Book 21005, Page 1230 Sale Confirmed With: B. Meinck, Broker Zoning: Commercial, Clearwater Comments: This site was acquired in a separate transaction by the buyer of the adjacent retail building to use for added parking. It fronts a congested section of the Missouri/Court Street intersection and had restricted use potential as a stand-alone parcel. 15 LAND SALE #2 Location: Court/Chestnut Point W. of S. MLK, Jr. Avenue Legal Description: Part of Lots 16-20, Block C, Lying southwest of Court Street extension. Coachman Heights revised Plat Book 1, Page 16 Date of Sale: June 2020 Sale Price: $295,000 Size: 174’ x 192’ Triangle; 15,648 SF Price PSF: $18.85 Grantor/Grantee: Court Asset Management, LLC./M. Robinson Recording Data: O.R. Book 21046, Page 0401 Data Confirmed With: P. Marzulli, Broker Land Use: D, Downtown, CBD Land Use In Town Lake Character District Comments: This triangular-shaped point parcel backs up to City-owned lands that extend west to Prospect Avenue that are partially subject to an FDOT drainage pond easement. The site had been previously proposed for an office building that was never built and is marginally improved with a 690 SF low profile office building built in 1953. This buyer plus the previous believed acquiring the City land was possible and would then allow some retail office use on the beach access route. 16 LAND SALE #3 Location: 1505-07 South Missouri avenue, Clearwater Legal Description: East side roughly 70’ South of Woodlawn Street, Lots 2-3, less road R/W, Block D, Sall’s Subdivision, Plat Book 28, Page 38 Date of Sale: July 2020 Sales Price: $160,000 Size: 134’ x 123’; 16,482 SF Price PSF: $9.71 Grantor/Grantee: Jeeps Plus/MDS Commercial, LLC. Recording Data: O.R. Book 21081, Page 1430-1616 Sale Confirmed With: Viewpoint Realty, International, MLS Zoning: C-2, General Commercial, Pinellas County Comments: This partially improved parcel (concrete slab), was purchased as vacant land after being recently priced at $189,000. This locale is a light retail/office district with many businesses located in converted former residences. It is located about ¼ mile north of the traffic lighted Belleair Road intersection. 17 LAND SALE #4 Location: South side of West Bay Drive 50’ west of Ridge Road, Largo Legal Description: East 28’ of Lot 2 less road right-of-way, Block B, W.T. Harrison’s re-sub, Plat Book 9, Page 105 Date of Sale: June 2021 Sale Price: $25,000 Size: 28’ x 57.7’; 1,616 SF Price PSF: $15.47 Grantor/Grantee: O. Nguyen/J.D. Hikel, et al. Recording Data: O.R. Book 21590, Page 2064 Data Confirmed With: Future Home Realty, Inc., MLS Zoning: Commercial Land Use, Largo Comments: This essentially vacant parcel (partial slab) was acquired for retail development after an earlier structure was demolished. It had been listed for sale at $64,999 and sold in roughly six months. This section of the main road is heavily congested and within the Clearwater-Largo Road intersection but has rear alley access. 18 LAND SALES RECAP CHART Sale # Date Of Sale Sales Price Site Size In SF Price PSF 1 5/20 $ 64,000 6,750 $ 9.48 2 6/20 $295,000 15,648 $18.85 3 7/20 $160,000 16,482 $ 9.71 4 6/21 $ 25,000 1,616 $15.47 Subject -- -- 10,500 -- LAND SALES ANALYSIS AND CONCLUSIONS: These examples from $9.48-$18.85 PSF are considered to bracket the subject land value. Sale #1 and #3 front S. Missouri Avenue in only average locations due to proximate use and for Sale #1 having an awkward access. The market improvement has been only gradual with the subject locale recently a attracting a subsidized apartment complex pending at N. Betty Lane. As such, these price levels currently appear conservative for the subject parcel. Both Sale #2 and #4 have superior locations with #4 having a congested access and #2 having a prominent intersection but being irregular in shape. From these and other known local examples, I would value the subject lots within the $10.00-$12.00 PSF Range. 10,500 SF @ $10.00 PSF = $105,000 10,500 SF @ $12.00 PSF = $126,000 ROUNDED TO $120,000 REPLACEMENT COST ESTIMATE: This procedure considers the cost new to rebuild the facility currently to modern standards, allows for all forms of depreciation and adds the estimated land value. The cost can be estimated by considering the published data compiled by the Marshall Valuation Service in Section 13 on Stores and Commercials that reports an average quality, Class C (masonry) bar/tavern (#442 SIC) to have an average cost of $108.00 PSF. Adjustments are required for floor area/perimeter (1.08), story height (0.915), current (1.22) and local (0.98) multipliers that indicate a net cost at $127.60 or a rounded $128.00 PSF. The cooler space would be added at $25,000 adjusted at 1.02 for current costs to $25,500. 19 Other costs include site improvements (signage, paving, etc.) at $20,000, loan placement costs (1% of $240,000 or $2,400), extraordinary impact fees ($15,000) plus construction supervision allowance (5% of costs) at $12,000. These costs exclude the personal property (movable) but include the built-in equipment such as the cooler space. Replacement Cost Estimate Idle Spur Saloon 1351 Cleveland Street Clearwater, Florida 33755 (#s Rounded To Nearest $100) Building: 1,599 SF @ $128.00 PSF = $204,700 Cooler Space $ 25,500 Site Improvement: Lump Sum $ 20,000 Loan Placement Costs $ 2,400 Impact Fees $ 15,000 Construction Supervision $ 12,000 Total Cost New $279,600 Less: Estimated Depreciation * $181,700 Depreciate A Value Of Improvement $ 97,900 Add: Estimated Land Value $120,000 Total Value Via Cost Approach $217,900 ROUNDED TO $220,000 * The depreciation estimate considers losses from physical, functional and external influences. From the physical perspective this type/quality of building is expected to have a total economic life of 40 years with the facility presenting to have an effective age of 30 years that on a straight-line basis would indicate 75% depreciation. The roofing, HVAC and cooler space have been upgraded while the balance is well worn and requires cosmetic upgrades. The Marshall Depreciation Tables would suggest a 57% loss based upon their study of actual building lifes. From my view of the improvements, depreciation is realistic at 2% yearly for the 30 year effective age or 60%. 20 From this functional standpoint, the space is well-designed and allows for all required functions plus the high parking ratio and two street frontages improves the access. As such, I believe no functional loss exists. From the external standpoint the referenced income is above the norm for the location but likely sufferers to some extent from the adjacent soup kitchen. I would allow a nominal 5% loss for that negative impact. Therefore, total estimated depreciation would be at the 65% level. INCOME APPROACH: BUSINESS VALUE This approach relates to the special-purpose current occupancy and not alternate retail/office values. These have been considered but are not relevant to the long-term occupancy and use as a neighborhood bar. The current operator has submitted basic data on his 1120-S income tax returns for an S. Corporation for 2018 through 2020 plus the current income statement for the first 6 months of 2021 through June 30, 2021. Gross sales were as follows: Year Gross Sales 2018 $591,039 2019 $558,524 2020 (COVID-19) $375,993 1st 6-2021 $336,640 Notes: The revenues are as reported verified by the owner via sale tax returns and these figures have been reduced by the sales tax. By adding back compensation of officers and rent on the building, the ordinary business income adjusts to these figures below: Year Ordinary Business Income (Net Income) 2018 $131,261 2019 $107,860 2020 $ 56,214 21 From knowledgeable professionals, this type of owner-occupied and operated facility is reported to typically have net income at from 18%-20% of gross sales if all costs are accounted for in the bookkeeping. Therefore, currently the $600,000 gross at from 18%-20% would indicate a net income from $108,000-$120,000. That income then sells at a multiple from 2-3 times depending on the location/quality of the income stream. The best locations sell near 3.0 while the lower end such as the subject location/history would be closer to the 2.0 level. As such, the $108,000-$120,000 estimated net income would support a business value in the $216,000 ($108,000 x 2 = $216,000) to $240,000 range ($120,000 x 2 = $240,000) or say at a rounded $225,000. Judging from discussions with active business brokers dealing with bars, restaurants and the related state licenses, the 4COP Licenses have escalated to the $450,000-$500,000 range due to the anticipated demand by the local and regional corporate entities. This owner has the option to maintain the license or to sell it on the open market and given the low-rated location and quality of the business, the 4COP license is likely equal to or more valuable than the subject real estate and business value. The most common real estate valuation model is based on the Property Appraiser’s recent figure plus 25% that in this instance includes the subject 2021 assessment at $159,000 x 1.25 = $198,750. There have been few proximate basic building sales to judge the figure and as such, I have relied on a Cost Approach referenced above at $220,000 that is near the referenced $198,750. Therefore, total market value would be calculated as follows: Idle Spur Saloon Total Value As of November 15, 2021 Property value $220,000 Business value $225,000 4COP License $450,000 Total $895,000 22 SALES COMPARISON APPROACH: The following examples of complete neighborhood bar packages are the best known to me and are considered to support the above Income Approach/business value with this routine well established for this special-purpose property type. The Sale Comparisons note a gross sales range from around $200,000 for the beach bar sale comparison #1 to the $475,000-$530,000 range for the others. The sale comparisons are described on the following separate sheets with the analysis below. 23 24 SALE COMPARISON #1 “FT. KNOX BAR” 17850 GULF BOULEVARD, REDINGTON SHORES NOVEMBER 11, 2021 Sale Price: $675,000 ($475,000 PMM) Date of Sale: February 2019 Grantor/Grantee: MPR Investments/CTG Holdings of Dunedin, LLC. Recording Data: O.R. Book 20427, Page 1830 Sale Confirmed With: R. Gruber, Broker Land Size and Value: 60' x 109' MOL; $200,000 Description of the Improvements: 1949-built masonry neighborhood bar of 1,638 SF supported by a 14-space parking lot. The area is heavily developed with upper-scale residential plus ample retail/restaurant space. The facility was in fair to modest condition and required physical upgrades (doors, windows, HVAC, etc.) that were added after the purchase. The gross sales at the time approximated $4,000 per week or roughly $200,000-$210,000 that resulted in no business value. The buyer placed the real estate value at $400,000 plus $275,000 for the 4COP License. Overall Price PSF: $244.20 ($400,000/1,638 = $244.20 PSF) (Real Estate Only) 25 SALE COMPARISON #2 MARSHA’S TAVERN 4021 54TH AVENUE N., LEALMAN NOVEMBER 19, 2021 Sale Price: $885,000 ($450,000 C. Mtg.) Date of Sale: July 2021 Grantor/Grantee: M. Gersky/4 Leaf Holdings, LLC. Recording Data: O.R. Book 21626, Page 1353 Sale Confirmed With: L. Veasley, Broker Land Size and Value: 90' x 125' Plus 90’ x 127’; $275,000 Description of the Improvements: 1963-built masonry neighborhood bar including some 2,112 SF supported by 11 space parking lot plus additional 90’x 127’ side street lot that included an older residence. The property was generating gross revenues between $450-$500,000 annually at the time of sale, included $300,000 for the liquor license, had an estimated real property value of $390,000 with business value at $195,000 that would imply a business value at 2.3 times the net profit ($195,000/$85,500 = 2.3). The net profit represents an estimated 18% of gross sales ($475,000 x .18 = $85,500). Overall Price PSF: $184.66 ($390,000/2,112 = $184.66) (Real Estate Only) 26 SALE COMPARISON #3 “OUR BAR” 1721 28TH STREET N., ST. PETERSBURG NOVEMBER 11, 2021 Listing Price: $1,225,000 Date of Contract: Current Grantor/Grantee: Our Bar Hospitality, LLC./N.A. Recording Data: Not Yet Recorded Data Confirmed With: D. Soronen, Business Broker Land Size and Value: 140' x 117'; $250,000 Description of the Improvements: 1962-built masonry neighborhood bar of 1,976 SF supported by a 27-car parking lot, modern front porch and fenced back yard. This property had been purchased in June 2019 as a beer/wine bar for a recorded $295,000 price with the buyer acquiring a 4COP License. Currently, gross income is reported near $530,000 and net is projected at $95,000 that supports a $225,000 business value. The property is reported to be pending sale at $1,000,000 including $475,000 for the license, $225,000 for the business value and $300,000 for the real estate. Overall Price PSF: $151.82 ($300,000/1,976 = $151.82) (Real Estate Only) 27 SALES COMPARISON RECAP CHART Sale # Date Of Sale Sales Price License Value Business Value Real Property - Property Value 1 2/19 $ 675,000 $275,000 0 $400,000 2 7/21 $ 885,000 $300,000 $195,000 $390,000 C-3 11/21 $1,000,000 $475,000 $225,000 $300,000 Subject -- -- 0 $225,000 $220,000 SALES COMPARISON ANALYSIS AND CONCLUSIONS: Sale #1 illustrated a high real estate value for the property, with no business value and a license value in early 2019. Sale #2 allows for a slightly higher license value than during 2019 as impacted by a moderate gross business and 2.3 net income multiplier when better locations and business values sell in the 2.5-3.0 range. Sale #C-3 is pending sale at a 2.37 net income multipler while the subject location and reputation tends to be notably less desirable and valued near a 2.0 multiplier. The property values ranged from $151.82-$244.20 PSF with the highest having a superior beach location. My Cost Approach estimate that focused on the “bricks and sticks” similar to the Property Appraiser routine was at $137.55 ($220,000/1,599 SF = $137.59 PSF) which appears realistic by comparison to areawide transactions of retail/office properties. The previous value components are considered realistic with the business value ($225,000) and property values ($220,000) at $445,000 representing my final value estimate. Further, the total value at $895,000 assuming the license at $450,000 appears to be realistic by comparison to the Sale #2 and #C-3 at from $885,000-$1,000,000. ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains historical data from Real Estate Data Services for Pinellas County, monthly CD data from First American Real Estate Solutions (FARES), online service from Tampabayrealtor.com, the weekly Business Journal (Tampa Bay), the monthly Maddux Report, the University of Florida Bureau of Economic and Business Research, the St. Petersburg Times, the Marshall Valuation Service Cost Data, and national surveys on lodging, food service, office, industrial parks, mini-storage and shopping center markets. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2020. National USPAP Update, 2020. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member:Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximal productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards For Federal Land Acquisitions) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD INTEREST: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Sixth Edition, 2015. pages 109, 90, 128, 197 and 198. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0090 Agenda Date: 2/14/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Approve an amendment to the agreement for the sale and development of the property located at 1250 Cleveland Street and adjacent properties to Archway Partners, LLC to extend the project schedule by one year and authorize the appropriate officials to execute same. SUMMARY: The purpose of this item is to request approval of an amendment to an existing development agreement between the Community Redevelopment Agency and Archway Partners, LLC for the redevelopment of 1250 Cleveland Street and adjoining properties. In accordance with Section 4.05 Project Schedule of the agreement, Archway Partners has requested a one-year extension of all project deadlines. After receiving two Letters of Interest that aligned with the goals of the Downtown Redevelopment Plan, the Community Redevelopment Agency issued RFP/Q 43-21 for the redevelopment of its 2.35-acre site at 1250 Cleveland Street on May 26, 2021. The request called for a mixed-use or apartment development that maintained or expanded the existing community garden. The RFP was awarded to Archway Partners on August 16, 2021, because of the project’s excellent site design, developer experience, mixed income approach and rooftop garden. The proposed project is a 4-story, 81-unit mixed income, affordable apartment development. The project has an urban design that fits the downtown design guidelines and will complement the new streetscape as well as provide an appropriate transition between the commercial uses on Cleveland Street and the residential area to the rear of the site. There are 109 parking spaces, a rooftop garden and preservation of the existing community garden . There are one bedroom and two-bedroom units that range from 650-975 square feet of floor area. The units will be limited to between 30-80% AMI and will be income restricted for the life of the project. The building will obtain green building certification. The overall project cost is approximately $28,000,000. Construction of the project was contingent on obtaining additional state funding. The developer failed to obtain state affordable housing tax credits, SAIL funding, in 2021 and has presented three financial options for the CRA to consider including applying for SAIL funding in 2022, requesting $6 million in County/City grants or pursuing additional funding options by building an age restricted development. Staff is recommending the developer pursue SAIL funding again prior to considering other options. Archway Partners believes that they can successfully obtain SAIL funding in 2022 if they can increase the number of units from 81 to 100 through the City’s Level 2 FLD process. They Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0090 already have a 30% “basis boost” for this project since they applied for bonds in 2021 and have obtained 20 Project-Based Vouchers (PBVs) from the Clearwater Housing Authority which are worth $2 million in funding towards the development. Preparing the application for the Level 2 FLD process will cost approximately $40,000 and take 3-4 months. The current development agreement with the CRA requires closing by August 2022. If the CRA Trustees approve an extension, the developer will have time to request the additional units and file a new SAIL funding request. If the CRA elects not to amend the deadlines, the developer will have until August 2022 to fill a gap of approximately $6 million. The proposed project meets the goals outlined in RFP/Q 43-21 derived from the Principles, Goals and Objectives of the 2018 Clearwater Downtown Redevelopment Plan to support redevelopment projects that are pedestrian friendly, incorporate quality urban design and provide a variety of land uses in downtown, including: Policy 12: The City shall make use of Community Development Block Grant, HOME Investment Partnership Program, State Housing Initiatives Partnership program, and other federal, state, and county funds for Downtown infrastructure and increasing affordable housing options. Policy 18: The design of all projects in Downtown shall incorporate pedestrian-scale elements that create and maintain an inviting pedestrian environment. Objective 1F: Allow for a variety of residential densities and housing types to provide for a range of affordability and mix of incomes consistent with the Character Districts. Objective 1G: Continue to utilize a variety of incentives to encourage the construction of new residential uses to location Downtown. If approved, the new closing date would be no later than August 2023 and construction would be complete by December 1, 2024. This is an excellent plan that will only be enhanced with increased density and Archway Partners is the right development team for this project. Approval of the amendment to allow a one-year extension is recommended. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 2/6/2022 12/8/2021 Amanda Thompson Director / Community Redevelopment Agency Clearwater City Hall 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Re: Clearwater Gardens Archway Partners, LLC (“Archway Partners” or “Archway”) submitted its development project Clearwater Gardens, located at 1250 Cleveland Street, for the Florida Housing Finance Corporation’s (FHFC) SAIL RFA (RFA 2021-205). On November 30th, FHFC held their Review Committee Meeting where it was determined that Clearwater Gardens was unsuccessful in obtaining a SAIL award during the 2021 application cycle. Despite not receiving an award from FHFC, Archway Partners has made significant progress on this development. Archway Partners was successfully awarded 20 Project-Based Vouchers (PBVs) from the Clearwater Housing Authority. The approval letter is attached to this letter as Exhibit A. These PBVs equate to approximately $2MM worth of funding towards the development. While we were unsuccessful in this year’s SAIL application cycle, our plan hasn’t changed. We still believe SAIL is a viable option for this development. To improve the odds of being selected for funding during the 2022 application cycle, we would propose to utilize the Level 2 FLD process to obtain additional density to the site. This would increase the current density from 81 units to ~100 units which will help to significantly improve our SAIL leveraging level in next year’s application cycle and will ultimately increase our probability of being selected for funding. This Level 2 FLD process to obtain additional density was part of our original RFA response and has always been the plan. However, due to time constraints, we were unable to complete it in advance of the 2021 SAIL RFA deadline. It is our understanding from discussions with the City that the Level 2 FLD process takes approximately 3-4 months to complete. We finalized the Development Agreement with the City of Clearwater on August 23rd, 2021 and the FHFC RFA 2021-205 was due on October 19th, 2021. In addition, we would like to make the City aware that the HUD boost area has changed for 2022 (see attached Exhibit B). The impact to the development is that a new developer will not be afforded the 30% basis boost for this site, as the bond application must be submitted prior to December 31, 2021. However, because we successfully submitted our bond application to the Pinellas County HFA, this boost will apply for Archway Partners and we can obtain the basis boost and submit for SAIL funding in 2022. However, time is of the essence as we must close on our financing within 730 days of submission of the bond application. This gives us until 12/31/2023 to close on the bond financing in order to retain the boost. We are also working on ways to move this development forward without the need for competitive SAIL or 9% funding from Florida Housing. Given that we were awarded 20 PBVs from the Clearwater Housing Authority, which provide approximately $2MM worth of funding, we could elect to do a “naked bond deal” which doesn’t require competitive funding sources. With this scenario, we would need $4MM from Penny for Pinellas ($40K per unit) and $2MM from the City of Clearwater (or another funding source). One additional option, which does not require the need for SAIL funding, is if we were to develop this site as an elderly development. Under the elderly scenario, we could obtain a tax abatement which reduces the required local government subsidy by approximately $1.5MM. Therefore, $4MM from Penny for Pinellas and $500K from the City of Clearwater (or another funding source) would suffice. We understand the need for affordable housing that is designated for families in the Downtown Clearwater corridor; however, we wanted to bring this additional elderly demographic option to the City’s attention. We are committed to the CRA, City of Clearwater and Pinellas County to make this development happen. We are ok waiting to submit for next year’s funding cycle; however, we wanted to lay out the other options to move this development forward immediately. We are planning to complete the Level 2 FLD process which will make the development more viable. We have already retained a civil engineer as well as other consultants to complete this process. However, to successfully complete the Level 2 FLD process, it will cost in excess of $40,000. We are willing to commit the time and resources to get this done; however, we need certainty that the CRA/City of Clearwater will work with us to apply for funding in 2022. As outlined in the development agreement (Section 4.05), a one-year extension can be requested for the Agency’s Board of Trustees approval. We’d like to formally make this request so we may begin the Level 2 FLD process. Archway Partners is committed to working with the Clearwater CRA and the City to execute this development plan and bring much needed affordable housing to the City of Clearwater. If you have any questions, please do not hesitate to contact us. I can be reached at 321-689-8197 or BGreen@Archway-Partners.com Sincerely, Brett Green, President Archway Partners BGreen@Archway-Partners.com www.Archway-Partners.com EXHIBIT A October 14, 2021 Brett Green 475 Brickell Ave. Suite 2215 Miami, FL 33131 Re: Letter of Support for Archway Clearwater Gardens, LLC. Dear Mr. Green, The purpose of this letter is to support the project of Archway Clearwater Gardens, LLC. Clearwater Housing Authority (CHA) is committed to providing twenty (20) project-based vouchers for this project. CHA’s mission is to create housing opportunities to enhance the lives we serve. We are dedicated to creating innovative communities, provide dignified environments and nurture self-sufficiency. Building this partnership with Archway Clearwater Gardens, LLC. further supports our objective by providing affordable housing. I look forward to being a committed partner in this project and our vision of providing affordable housing. Sincerely, Jacqueline Rivera Chief Executive Officer Clearwater Housing Authority EXHIBIT B 2021 Basis Boost – Clearwater Gardens Site 2022 Basis Boost – Clearwater Gardens Site 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA AND ARCHWAY PARTNERS, LLC A FLORIDA LIMITED LIABILITY COMPANY TABLE OF CONTENTS ARTICLE 1. DEFINITIONS…………………………………………….………………….…….…. Section 1.01 Definitions…………………………………………………….……. Section 1.02 Use of Words and Phrases………………………………………. Section 1.03 Florida Statutes……………………………………………………. ARTICLE 2. PURPOSE; PROPOSAL………………………………….……………………….… Section 2.01 Intent; Purpose of Agreement……………………………………. Section 2.02 Developer's Proposal……..………………………………………. Section 2.03 Cooperation of the Parties.………………………………………. Section 2.04 Authorized Representative.………………………………………. ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE………… ………… Section 3.01 Zoning……………………………………………………………… Section 3.02 Redevelopment Plan.……..……………………………………… Section 3.03 Permits…………………...………………………………………… Section 3.05 Concurrency…………...……………………………………..……. Section 3.06 Not a Development Order or Permit…………………………….. Section 3.07 Perpetual Easement to the City over the Community Gardens … ARTICLE 4. PROJECT PLANS AND SPECIFICATIONS…...……………………..…………… Section 4.01 Site Plan….………………………………………………………… Section 4.02 Preparation of Project Plans and Specifications………..……… Section 4.03 Coordination with City Review….………..……….……………… Section 4.04 Agency Review of Plans and Specifications….………………... Section 4.05 Project Schedule……...……………………………………..……. ARTICLE 5. PROJECT FINANCING..………………………………….…………….…………… Section 5.01 Construction Financing…………………………………………… Section 5.02 Notice of Developer's Default……………………………………. Section 5.03 Cure of Developer's Default by Lender..……….……………..… Section 5.04 Construction Lender Not Obligated to Construct…………….… Section 5.05 Agency Cures Developer's Default………………………..…..… ARTICLE 6. PROJECT SITE CONVEYANCE……………………….….………………….…… Section 6.01 Findings; Representations…………………..…………………… Section 6.02 Agreement to Sell and Purchase..……….……………………… Section 6.03 Purchase Price………..…………………..……….……………… Section 6.04 Site Evaluation………...…………………………………………... Section 6.05 Title………..…………...……………………………………..……. Section 6.06 Survey……….………...…………………………………………… Section 6.07 Rights and Duties of Agency….……………………………….… Section 6.08 Rights and Duties of Developer…………………………..……… Section 6.09 Conditions to Closing...………………………………………..… Section 6.10 Closing……………………..….………………………………..… Section 6.11 Closing Procedure……………..………………………………… Section 6.12 Possession…………...…………………………………………… Section 6.13 Condition of Title…………..….………………………………..… Section 6.14 Taxes and Assessments………..…………………………..…… Section 6.15 Covenants, Warranties and Representations………………..… Section 6.16 Condemnation……………..….………………………………...… Section 6.17 Real Estate Commission………..…………………………..…… Section 6.18 Maintenance of Project Site………………………………..……. Section 6.19 Radon Gas Notice…………..….………………………………… ARTICLE 7. CONSTRUCTION OF THE PROJECT……………….………………………… Section 7.01 Site Clearance ……………………….………………………...… Section 7.02 Construction of the Project……..…………………………..….… Section 7.03 Maintenance and Repairs……………………………………..…. Section 7.04 Project Alterations or Improvements……………………………. Section 7.05 Completion Certificate…………..…………………………..….… Section 7.06 Agency Not in Privity with Contractors………………………..… Section 7.07 Repurchase of the Project Site ………………………………… ARTICLE 8. INSURANCE……………………………….…………….……………………..… Section 8.01 Insurance Requirements Generally…………………………..… Section 8.02 No Waiver of Sovereign Immunity…..………………………...… ARTICLE 9. INDEMNIFICATION……………………….…………….…………………….… ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER Section 10.01 Representations and Warranties………………...……………………… Section 10.02 Covenants………….……..………………………………..…… Section 10.03 Covenant: Nondiscrimination………………………………..… Section 10.04 Survival………………………..………………………………… ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY Section 11.01 Representations and Warranties…………………………...… Section 11.02 Covenants………….……..…………………………….....…… Section 11.03 Survival………………………..………………………..…….… ARTICLE 12. DEFAULT; TERMINATION…………….……………….……………………..… Section 12.01 Default by Developer.….…………………………….…..…… Section 12.02 Default by the Agency..……………………………….....….… Section 12.03 Obligations, Rights and Remedies Cumulative…..………… Section 12.04 Non-Action on Failure to Observe Provisions of this Agreement Section 12.05 Termination……..………..……………………………….…… Section 12.06 Termination Certificate……….…………………………....… Section 12.07 Remedies………………….………………………………..… ARTICLE 13. UNAVOIDABLE DELAY………………………………….…………………….… Section 13.01 Unavoidable Delay…..….………………………………….… . ARTICLE 14 FIRE OR OTHER CASUALTY; CONDEMNATION…..…………………….… Section 14.01 Loss or Damage to Project……………………………….…. Section 14.02 Partial Loss or Damage to Project……..…………..……..… Section 14.03 Notice of Loss or Damage to Project……………….........… Section 14.04 Subject to Financing………………………………………..… ARTICLE 15. MISCELLANEOUS……………………….……………….……………………… Section 15.01 Assignments….……..….………………………………… Section 15.02 Successors and Assigns..…………………………..…… Section 15.03 Notices…………………………………………………..… Section 15.04 Severability………………………………………………… Section 15.05 Applicable Law and Construction…………………..…… Section 15.06 Venue; Submission to Jurisdiction….………………...… Section 15.07 Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement Section 15.08 Estoppel Certificates..….………………………………… Section 15.09 Complete Agreement; Amendments..……………..…… Section 15.10 Captions………………………………………………....… Section 15.11 Holidays……………………………………………….…… Section 15.12 Exhibits…..….……..….…………………………………… Section 15.13 No Brokers……………….…………………………...…… Section 15.14 Not an Agent…………………………………………....… Section 15.15 Memorandum of Development Agreement……….…… Section 15.16 Public Purpose.……..….………………………………… Section 15.17 No General Obligation…..…………………………..…… Section 15.18 Local Government Support……………………………..… Section 15.19 Term; Expiration; Certificate…………………………… Section 15.20 Effective Date…………………………………………….. Section 15.21 Cooperation of City…………………………………………….. EXHIBIT LIST Exhibit "A" Project Site Description and Map Exhibit "B" Proposed Site Plan Exhibit "C" Special Warranty Deed Exhibit "D" Memorandum of Agreement for Development and Purchase and Sale of Property Exhibit "E" Agreement Expiration Certificate Exhibit "F" Survey Requirements and Certification Exhibit “G” Form of Completion Certificate Exhibit “H” Developer’s Proposal 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY This Agreement for Development and Purchase and Sale of Property located at 1250 Cleveland Street, Clearwater, FL 33755 ("Agreement") is made as of this August _____, 2021, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and ARCHWAY PARTNERS, LLC, a Florida limited liability company ("Developer"). W I T N E S S E T H: WHEREAS, the Agency was created to implement the community redevelopment activities outlined under the Florida Community Redevelopment Act of 1969 codified as Chapter 163, Part III, Florida Statutes; and WHEREAS, § 163.380(1), Florida Statutes provides that a community redevelopment agency may sell, lease, dispose of, or otherwise transfer real property or any interest acquired in the real property for community development in a community redevelopment area to any private person; and WHEREAS, § 163.380(2), Florida Statutes provides that such real property shall be sold, leased, or otherwise transferred at a value determined to be in the public interest and that if the value of such real property is disposed for less than fair value, such disposition shall require the approval of the governing body at a duly noticed public hearing; and WHEREAS, § 163.380(3)(a), Florida Statutes provides that prior to disposition of such real property the community redevelopment agency must give notice of disposition by publication in a newspaper having a general circulation in the community and invite proposals from private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a community redevelopment area or any part thereof; and WHEREAS, on May 26, 2021, the Agency released Request for Proposals and Qualifications (“RFP/Q”) #43-21 by publication in a newspaper having a general circulation in Clearwater, Florida requesting proposals to redevelop the real property commonly referred to as 1250 Cleveland Street, Clearwater, FL 33755 as an apartment or mixed-use urban infill development with a predominant residential component for the Project Site (as hereinafter defined) that retains or expands the existing community garden; and WHEREAS, the Developer submitted a proposal for redevelopment of the real property as an affordable housing project that maintains the existing community garden on June 25, 2021; and WHEREAS, representatives of the Agency and the City of Clearwater met July 2, 2021 and July 20, 2021 to evaluate said proposal and to make a recommendation to the Agency of whether to accept or reject the proposal; and WHEREAS, representatives of the Agency and the City of Clearwater recommended approval of the Developer’s proposal; and WHEREAS, the Agency and Developer negotiated a definitive Development and Purchase and Sale Agreement setting forth the respective duties and responsibilities of the parties pertaining to the conveyance of the Project Site, and the design, development, construction, completion, operation and maintenance of the Project; and WHEREAS, at a duly called public meeting on August 16, 2021, the Agency approved this Agreement and authorized and directed its execution by the appropriate officials of the Agency; and WHEREAS, the Developer is a limited liability company organized under the laws of the State of Florida and the members (as that term is defined in the operating agreement of the Developer) of Developer have approved this Agreement and have authorized and directed certain individuals to execute this Agreement on behalf of Developer; and 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 terms defined in this Article I shall have the following meanings, except as herein otherwise expressly provided: (1) "Act" means the Constitution of the State of Florida; Section 163.01, Florida Statutes, Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, other applicable provisions of law, and ordinances and resolutions of the City and the Agency implementing them. (2) "Agency" means the Community Redevelopment Agency of the City, as created by Resolution No. 81-68 of the City, adopted by the City Council on August 6, 1981, including any amendments thereto, and any successors or assigns thereto. (3) "Agreement" means this Agreement for Development and Purchase and Sale of Property, including all exhibits and amendments hereto. (4) "Agreement Expiration Certificate" means the instrument to be executed by the parties hereto as provided in Section 15.19 certifying that all obligations of the parties hereto have been satisfied and this Agreement has expired in accordance with its terms, the form of which is attached hereto as Exhibit "E." (5) "Agreement Termination Certificate" means the instrument executed by the parties hereto as provided in Section 12.06 stating that this Agreement has been terminated prior to its Expiration Date as provided in Section 12.05. (6) "Area" means the area located within the corporate limits of the City having conditions of slum and blight (as those conditions are defined in the Act) as found by the City Council in Resolution No. 81-67, adopted by the City Council on August 6, 1981 and as amended by Resolution No. 03-22, adopted by the City Council on May 1, 2003 and as subsequently amended thereafter. (7) "Authorized Representative" means the person or persons designated and appointed from time to time as such by the Developer or the Agency, respectively, pursuant to Section 2.04. (8) "Building Permit" or "Building Permits" shall mean, for all or any part of the Project to be constructed on the Project Site, any one or more permits issued by the City authorizing, allowing and permitting the commencement, prosecution and completion of construction to the extent provided in said permit(s). (9) "City" means the City of Clearwater, Florida, a Florida municipal corporation, and any successors or assigns thereto. (10) "City Council" means the governing body of the City, by whatever name known or however constituted from time to time. (11) "Closing Date" means the date on which title to the Project Site is conveyed by the Agency to the Developer in accordance with and as contemplated by the provisions of Article 6 hereof. (12) "Commencement Date" means the date of Commencement of Construction. (13) “Commencement of Construction” or “Commence Construction” means the commencement of site work, utility relocation, above grade beams, floor slabs or other foundation component on the Project pursuant to a properly issued foundation permit. (14) "Completion Certificate" means the certificate, in a form as set forth in Exhibit "G", to be executed by Agency and Developer stating that construction of the Project has been substantially completed. (15) "Completion Date" means the date on which construction of the Project is substantially complete as evidenced by a Completion Certificate. (16) "Contractor" means one or more individuals or firms constituting a general contractor or other type of construction contractor properly licensed by the State of Florida or other appropriate jurisdiction to the extent required by applicable law, authorized to perform construction contractor services in the State of Florida bonded and insured to the extent required by applicable law and this Agreement, including the Developer or any affiliates of the Developer. (17) "Construction Financing" means the loan funds provided by the Construction Lender to the Developer during the term of this Agreement to pay the cost of developing and constructing the Project, or any portion thereof, on the Project Site, including, but not limited to, acquisition of the Project Site, financing costs, "soft costs," overhead, and the design, construction and equipping of the Project. (18) "Construction Lender" means any person or persons providing the Construction Financing or any portion thereof. (19) "Developer" means Archway Partners, LLC, a Florida limited liability company, and any successors and assigns thereof. (20) "Effective Date" means the date determined in accordance with Section 15.20 when this Agreement becomes effective. (21) "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached hereto and designated as exhibits to, and incorporated in and made a part of, this Agreement. (22) "Expiration Date" means the date on which this Agreement expires, as evidenced by the Agreement Expiration Certificate being recorded in the public records of Pinellas County, Florida, as provided in Section 15.19 hereof. (23) "Impact Fees" means those fees and charges levied and imposed by the City, Pinellas County and any other governmental entity on projects located on the Project Site for certain services impacted by development such as the Project. (24) “Investor” means the tax credit investor selected by Developer in its sole discretion and admitted to Developer or Developer’s assignee pursuant to such entity’s operating agreement or partnership agreement, and its successors and/or assigns. (25) “Lender” means any Construction Lender or Permanent Lender. (26) “Permanent Lender” means any lender which has made a loan or loans to Developer having a maturity date that is not less than five (5) years following the Completion Date, which may include any lender refinancing the Construction Financing. (27) "Permits" means all zoning, variances, approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue, be completed or allow occupancy and use, but does not include the Building Permit(s). (28) "Plan" means the community redevelopment plan for the Area, including the Project Site, as adopted by the City Council on September 18, 2003, by enactment of its Ordinance No. 7153-03, and including any amendments to the Plan. (29) "Project" means the no fewer than 80 residential, affordable dwelling units with a rooftop community gardens that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and constructed substantially in accordance with the Project Plans and Specifications. (30) “Project Financing” means debt and equity financing obtained by Developer for the acquisition, construction, maintenance and operation of the Project, which shall include the Construction Financing. (31) "Project Plans and Specifications" means the plans and specifications pertaining to the construction, installation and equipping of the Project, including the schedule for completing the Project. (32) "Project Professionals" means any architects, attorneys, brokers, engineers, consultants, planners, construction managers or any other persons, or combination thereof, retained or employed by the Developer in connection with the planning, design, construction, permit applications, completion and opening of the Project, but does not include the Developer. (33) "Project Site" means the tract of land located in the Area which is to be conveyed to the Developer by the Agency on which the Project will be located, as more particularly described and depicted on Exhibit "A." (34) "Proposal" means the proposal for redevelopment of the Project Site, dated June 25, 2021, submitted by the Developer to the Agency in response to the RFP, a copy of which is attached to this Agreement as Exhibit “H”. (35) "RFP" means the Request for Proposals and Qualifications #43-21 initially published by the Agency on May 26, 2021 soliciting proposals from persons interested in redeveloping the Project Site in accordance with the Act and the Plan. (36) "Site Plan" means the depiction and description of the Project on the Project Site, the initial version of which is attached hereto as Exhibit "B." (37) "Termination Date" means the date on which this Agreement is terminated by any party hereto as provided in Section 12.05, and as evidenced by the Agreement Termination Certificate. (38) "Unavoidable Delay" means those events constituting excuse from timely performance by a party hereto from any of its obligations hereunder, as such events are defined in and subject to the conditions described in Article 13 hereof. (39) “Vertical Construction” means commencement of work on the Project pursuant to a properly issued Building Permit. (40) "Vertical Construction Date" means the date upon which a permit for construction of a building on the Project Site has been issued. 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, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and 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 as amended from time to time. ARTICLE 2. PURPOSE; PROPOSAL. 2.01. Intent; Purpose of Agreement. (a) The purpose of this Agreement is to further the implementation of the Plan by providing for the sale and conveyance of the Project Site to the Developer and the development, construction and operation of the Project thereon in accordance with the Project Plans and Specifications, all to enhance the quality of life, add new residents to the Downtown Core District, and improve the aesthetic and useful enjoyment of the Area through the eradication of conditions of blight, all in accordance with and in furtherance of the Plan and as authorized by and in accordance with the Act. (b) As provided in this Agreement, the Agency shall undertake certain public actions pursuant to the Act and in connection with the implementation of the Plan, including making the Project Site available for redevelopment and assistance in obtaining such approvals by governmental authorities as are necessary for development of the Project. (c) As provided in this Agreement, the Developer shall carry out the redevelopment of the Project Site by obtaining approvals by governmental authorities necessary for development of the Project as more particularly described in Section 3.04 hereof, obtaining the Project Financing, purchasing the Project Site from the Agency, constructing various private improvements on the Project Site, and causing the Project to be developed as described herein. 2.02. Developer's Proposal. (a) The Proposal for the redevelopment of the Project Site, specifically including the acquisition of the Project Site by the Developer from the Agency and the design, construction, equipping, completion and use of the Project, and each component thereof, is hereby found by the Agency and acknowledged by the Developer: (1) to be consistent with and in furtherance of the objectives of the Plan, (2) to conform to the provisions of the Act, (3) to be responsive to the RFP, (4) to be in the best interests of the citizens of the City, (5) to further the purposes and objectives of the Agency, and (6) to further the public purpose of eradicating conditions of blight in the Area. The parties recognize and agree that during the process of review and approval provided for in the Agreement the design of the Project may be subject to change and modification as may be either agreed to by the parties or required as provided herein or by the appropriate regulatory authority, and should any changes be necessary or desirable the parties agree that they will act expeditiously and reasonably in reviewing and approving or disapproving any changes or modifications to the Project. (b) Based upon and as a result of the findings set forth in subsection (a) above, the Proposal, including such changes and revisions as are provided by this Agreement, is hereby affirmed by the Developer and approved and accepted by the Agency. (c) The parties hereto find that the terms and conditions set forth in this Agreement do not, individually or collectively, constitute a substantial deviation from the RFP or the Proposal. 2.03. Cooperation of the Parties. The parties hereto recognize that the successful development of the Project and each component thereof is dependent upon continued cooperation of the parties hereto, 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 effort to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, equipped, completed and operated as provided herein. 2.04. Authorized Representative. (a) Each party shall designate an Authorized Representative to act on its behalf to the extent of the grant of any authority to such representative. Written notice of the designation of such a representative (and any subsequent change in the Authorized Representative) shall be given by the designating party to the other party in writing in accordance with the procedure set forth in Section 15.03 hereof. (b) Except as otherwise expressly provided in this Agreement, whenever approval or action by the Developer or the Agency is required by this Agreement, such action or approval may, in the discretion of the party considering such approval or action, be taken or given by the Authorized Representative thereof. A party to this Agreement may rely upon the representation of the other party's Authorized Representative that such person has the requisite authority to give the approval or take the action being done by that Authorized Representative. A party may not later deny that its Authorized Representative had the authority represented to and relied upon by the other party or revoke or deny any action taken by such Authorized Representative which was relied upon by the other party. (c) The Developer does hereby notify the Agency that its initial Authorized Representative for the Project is Brett Green, its President. (d) The Agency does hereby notify the Developer that its initial Authorized Representative is Amanda Thompson, Executive Director. ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE. 3.01. Zoning. On the Effective Date, the zoning classification for the Project Site is Downtown, abbreviated as “D.” 3.02. Redevelopment Plan. The Agency represents to the Developer and the Developer acknowledges that as of the date of the RFP and the Proposal the provisions of the Plan pertaining to the Project Site are consistent with the Project as contemplated by the Proposal. 3.03. Permits. (a) The Developer shall prepare and submit to the Executive Director of the Agency by no later than February 1, 2022, floor plans, site plans, and building façade plans for the Project for preliminary approval by the Agency. (b) The Developer shall prepare and submit to the appropriate governmental authorities, including the City’s Planning and Development Department (“Planning Department”), by no later than three (3) months following delivery to the Agency Executive Director as described in 3.03(a), a complete and sufficient application for Level I or Level II Flexible Standard Development Application, as the case may be, to allow development of the Project in accordance with the Project Plans and Specifications ("Application"), and shall bear all costs of preparing such applications, applying for and obtaining the Building Permits and Permits including applicable application, inspection, regulatory and Impact Fees or charges pertaining to the Project, including, but not limited to, any Building Permits or Permits, review, application, inspection, regulatory or impact fees. (c) The Agency, as the property owner, shall cooperate with the Developer in making the Application, and the Agency shall cooperate with the Developer in obtaining all necessary Permits and the Building Permits required for the construction and completion of the Project. (d) The Agency's duties, obligations, or responsibilities under any section of this Agreement, specifically including but not limited to this Section 3.04, do not affect the Agency's or 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 or project regulation. The parties acknowledge that the Planning Department is an independent entity which is not a party to this Agreement and will render its independent decision concerning the Application and that therefore the Executive Director’s preliminary approval given pursuant to Section 3.03(a) is not binding on the Planning Department. (e) Notwithstanding any other provisions of this Agreement, any required permitting, licensing or other regulatory approvals by the Agency or the City shall be subject to the established procedures and requirements of the Agency or 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 Agency or the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established processes and in accordance with applicable provisions of law. 3.04. Concurrency. (a) The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes) imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by that development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law as applied to the Project. Specifically, the Developer covenants and agrees to comply with the City's land development code, including providing to the City any and all data and analysis that shows the Project will be consistent with the goals, objectives and policies of the comprehensive plan for the City, adopted by the City and in effect on the Effective Date, and the Developer further covenants and agrees to comply with concurrency certification provisions of the City's land development code. (b) The Agency represents and warrants and the Developer acknowledges that as of the Effective Date the Project as contemplated by this Agreement does not require any reservation of capacity or to seek any approvals as a result of the concurrency requirements described in subsection (a). If legally obligated in the future to comply with such requirements, the Developer agrees to seek issuance of a concurrency compliance certificate or other similar document by whatever name known and a reservation of services capacity under the City's concurrency management system, and does further agree to maintain such certificate and reservation. The Developer covenants and agrees with the Agency to not undertake any action or fail to take any action, which would cause the City to revoke or invalidate the concurrency compliance certificate or the reservation of services capacity. 3.05. Not a Development Order or Permit. The parties do hereby acknowledge, agree and represent that this Agreement is not intended to be and should not be construed or deemed to be a "development order" or "development permit" within the meaning of those terms in Section 163.3164, Florida Statutes. 3.06. Permitted Uses. (a) The Project shall consist of no fewer than 80 residential affordable dwelling units with a rooftop garden and that maintains the existing community gardens at the Project Site. The Project shall be constructed in substantial conformity with Section 4 of the Proposal. (b) The following uses are prohibited: (1) Any use that interferes with the public’s use of the existing community gardens on the Project Site. Construction of the Project may temporarily impact the public’s use of the existing community garden; however, once construction is complete, no use shall interfere with the public’s use of the existing community garden; provided, however, the community garden may be fenced-off from the remainder of the Project. (2) Any other use that is not in substantial conformity with Section 4 of the Proposal. (c) Developer or any person or entity proposing to use the Project Site for a use not consistent with this Section 3.06, shall file with the Agency a request for a release of part or all of the restrictions imposed by this section. Within thirty days of receipt of such a request, the Agency shall consider such request and either deny the request which denial shall specify the reasons therefor, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the Agency may require. Any such release of a restriction shall be evidenced by an amendment to this Development Agreement executed by Agency and the Developer and recorded in the public records of Pinellas County, Florida, the cost of which recording shall be paid by Developer. Nothing in this Section 3.07 is intended to effect or override any law, ordinance, regulation or other legal restriction set forth in this Agreement. 3.07 Perpetual Easement to the City over the Community Gardens. The Developer must grant and deliver to the City or its heirs, successors, licensees, or assigns, a perpetual exclusive easement over the area existing as a community garden on the Project Site as of the Effective Date on terms, conditions, and a form deemed satisfactory to, and provided by, the City prior to the Commencement of Construction, solely for use as a community garden. ARTICLE 4. PROJECT PLANS AND SPECIFICATIONS. 4.01. Site Plan. (a) The Developer has prepared a preliminary Site Plan, a copy of which is attached hereto as Exhibit "B," that contemplates development of the Project consistent with this Agreement. The Developer agrees that during the term of this Agreement any material changes to the preliminary Site Plan or any subsequent versions of the Site Plan will be submitted to the Agency for approval. (b) The Site Plan approved by the Agency shall be the basis for and incorporated into the Project Plans and Specifications. 4.02. Preparation of Project Plans and Specifications. (a) The Developer shall prepare the Project Plans and Specifications in sufficient detail and description of the Project, graphically and narratively if requested, to allow the Agency the opportunity to determine if those plans and specifications are consistent with the Proposal, the Site Plan and the Plan. (b) (1) The Developer is responsible for the cost of preparing, submitting and obtaining approval of the Project Plans and Specifications. (2) The Developer has retained and shall retain the Project Professionals to prepare the Project Plans and Specifications and shall notify the Agency of the names of such Project Professionals and any subsequent changes thereto or additional Project Professionals retained with respect to the Project. The Developer shall cause the Project Professionals to prepare the Project Plans and Specifications. (c) (1) The Agency does hereby consent to the preparation of the Project Plans and Specifications, and any revisions thereto, by the Project Professionals, and the Agency will not unreasonably withhold, condition or delay approval of the Project Plans and Specifications. The Agency hereby acknowledges and agrees that the selection of the Project Professionals is the sole responsibility of, and within the sole discretion of, the Developer, and the Agency will not participate, and has not previously participated, in such selection by the Developer. (2) The parties hereto mutually acknowledge and agree the Project Professionals are not, individually or collectively, agents or representatives, either expressed or implied, of the City or the Agency. (d) The Developer shall provide the Project Plans and Specifications to the Executive Director of the Agency for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed, prior to submittal of the Application. The Agency and the Developer recognize and acknowledge the need for expedited review of the Project Plans and Specifications and approval by the Agency. (e) The Project Plans and Specifications contemplated by subsection (d) shall be sufficient for a determination by the City required by the ordinances and regulations of the City. 4.03. Coordination with City Review. The Developer has represented to the Agency and the Agency acknowledges the need to expedite the process for review of the Project Plans and Specifications and the issuance of any Building Permits and Permits. The Agency agrees to use its best efforts to coordinate and expedite its review of the Project Plans and Specifications with any review or approvals by the City or other governmental entities. 4.04. Agency Review of Project Plans and Specifications. (a) During the term of this Agreement, the Agency’s review and approval of the Project Plans and Specifications is a prerequisite for issuance of the initial Building Permit for construction of the Project, or any part thereof. Amanda Thompson, the Executive Director, is hereby delegated by the Agency to review and approve the Project Plans and Specifications for substantial compliance with the Site Plan. (b) Upon the Developer submitting the Project Plans and Specifications to the Agency for review, the Agency agrees to diligently proceed with and complete its review of the Project Plans and Specifications and respond to the Developer as soon as reasonably possible after receipt thereof, but in no event later than fifteen (15) days after receipt of such Project Plans and Specifications, and advise the Developer in writing of the Agency's reasonable objections thereto or that the Project Plans and Specifications have been approved as submitted. If the Agency does not disapprove the Project Plans and Specifications or any modifications thereof within fifteen (15) days following receipt by the Agency, such Project Plans and Specifications or modifications thereto, as applicable, shall be deemed approved by the Agency. (c) If the Agency gives written notice of specific objections to or deficiencies in the Project Plans and Specifications as provided in subsection (b), then the Agency and the Developer shall expeditiously, diligently and reasonably negotiate to resolve such objections. (d) If the Project Plans and Specifications submitted to the Agency by the Developer substantially comply with this Agreement, including being substantially in accordance with the Site Plan, and further the purposes of the Plan, the Agency shall approve the Project Plans and Specifications as submitted, and shall notify the City and other pertinent governmental entities of such approval and recommend the City and such other pertinent governmental entities give such approvals and issue such Permits and Building Permits or licenses as are necessary for development of the Project. (e) If the Developer does not dispute the objections to any proposed Project Plans and Specifications contained in any notice from the Agency, it shall submit revised Project Plans and Specifications satisfying such objections. Any changes in the Project Plans and Specifications made by the Developer in response to such a notice shall be made without charge to the Agency. 4.05 Project Schedule. (a) Developer shall submit a completed Application as required by Section 3.03(b). (b) Developer shall obtain all necessary building permits by July 31, 2022. (b) Developer shall Commence Construction of the Project by August 31, 2022. (c) Developer shall have completed 50% of Construction by April 30, 2023. (d) Developer shall have completed 100% of Construction by December 1, 2023 (e) Developer shall begin pre-leasing the dwelling units by October 1, 2023. (f) Developer shall complete leasing the dwelling units by March 1, 2024. (g) Notwithstanding anything contained in this Agreement to the contrary, in the event that Developer is unsuccessful in obtaining an allocation of affordable housing tax credits or other components of the Project Financing in RFA 2021-205 or RFA 2021-202 issued by the Florida Housing Finance Corporation, then Developer shall have the right to request from the Agency an extension of all relevant dates in this Agreement, by one year. The extension request shall expeditiously be brought before the Agency’s Board of Trustees, provided, however, it is understood and agreed that the approval or denial of such extension request shall be at the sole discretion of the Agency’s Board of Trustees. ARTICLE 5. PROJECT FINANCING. 5.01. Project Financing. (a) If the Developer elects to obtain Construction Financing, the Developer shall use its reasonable efforts to obtain from each Lender a term sheet for provision of the Construction Financing as soon as is reasonably possible. Upon obtaining such Construction Financing, the Developer shall notify the Agency that it has obtained said financing and provide to the Agency the name and address of the Lender. (b) If permitted by the terms of the Construction Financing, the Agency shall have an affirmative right, but not an obligation, to cure any default by the Developer under the Construction Financing. The parties recognize and acknowledge that the Agency's right under this paragraph (2) is not intended to be superior or ahead of any lien or right of any Lender on Lender to enforce its rights and remedies under the financing documents pertaining to the Project Financing. (c) The Developer covenants and agrees with the Agency that the proceeds of the Construction Financing shall be solely for the purpose of paying costs and fees related to the development and construction of the Project and that such proceeds, together with its own funds or other funds available to it from capital sources shall be sufficient to pay the costs of acquiring the Project Site and the development, construction and completion of the Project. 5.02. Notice of Developer's Default. (a) The Developer covenants and agrees with the Agency that Developer shall notify the Agency in writing within 5 days of Developer receiving notice that Lender declares the Developer to be in default or if an event of default has occurred under the financing documents for the Construction Financing. The notice from the Developer to the Agency shall state the basis of the default by the Developer, shall identify the particular provision of the financing documents under which the Developer is in default and shall include copies of any pleadings in any proceeding instituted by the Lender incident thereto. (b) Any notice from the Agency to the Developer specifying an event of default by the Developer under Section 12.01 hereof shall, at the same time it is provided to the Developer, be mailed by the Agency to any Lender and Investor by certified mail, return receipt requested, at its address last given to the Agency by the Developer prior to such notice; provided, however, the failure of the Agency to mail any such notice or the Lender or Investor to receive any such notice shall not constitute a material breach or default of this Agreement by the Agency, nor shall it constitute a waiver by or preclude or delay the Agency from proceeding with or enforcing any right or remedy available to it under this Agreement. The notice from the Agency to the Lender shall state the basis of the default, the particular provision of this Agreement under which the Developer is in default and shall include copies of any pleadings in any proceedings instituted by the Agency incident thereto. The Agency agrees to accept a cure of any such default by Lender or Investor as if tendered by Developer. 5.03. Cure of Developer's Default by Lender. (a) (1) Following the Agency providing the notice under Subsection 5.02(b) hereof, the Lender or Investor may, but shall have no obligation to, at its election, cure or remedy the default by the Developer described in such notice. If the Lender or Investor elects to cure such default, it shall give notice of such election to the Agency and the Developer within sixty (60) days after the Agency issued its notice of default by the Developer as provided in Section 12.01 hereof. (2) So long as the Lender or Investor proceeds to cure or remedy the Developer's default of this Agreement, the Agency agrees not to exercise any right or remedy available to it resulting from the Developer's default described in the notice and which the Lender has elected to cure for such period of time as shall be reasonably necessary for the Lender or Investor to cure or remedy such default, including any time reasonably necessary for the Lender or Investor to obtain possession of the Project Site, if possession is necessary to enable the Lender or Investor to cure or remedy such default. (b) If a default by the Developer under this Agreement is timely cured or remedied by the Lender or Investor pursuant to this Section 5.03, then the Agency shall not have any rights or remedies against the Developer with regard to such default. (c) If the Lender or Investor elects to cure or remedy the Developer's default hereunder as provided in subsection (a) hereof, it shall then be subject to and bound by the provisions of this Agreement and the actions required to be taken to remedy or cure said default that, but for the default by the Developer, would have been applicable to the Developer. (d) If, as a result of the Lender or Investor curing or remedying a default by the Developer under this Agreement, the Lender completes the construction of the Project upon receipt of a written request by the Lender to the Agency for a construction Completion Certificate, the Agency shall execute and deliver to the Lender or Investor a construction Completion Certificate for the Project, in the same manner and procedure as if the Developer has requested such a certificate under Section 7.05 hereof. (e) Subsequent to a default under this Agreement by the Developer, if neither the Lender nor the Investor timely elects to cure such default as provided in subsection (a) hereof, or makes such election and proceeds to construct and complete the Project, but fails to complete such construction by the Completion Date (subject to extensions for Unavoidable Delays) and such failure shall not have been cured within sixty (60) days (or such longer period as may be reasonably necessary and mutually agreed upon by the Agency and the Lender or Investor, as applicable), then the Agency may proceed with any remedies available to it under Section 12.01 hereof. 5.04. Lender Not Obligated to Construct. (a) If the Lender elects not to cure a default by the Developer hereunder as provided in Subsection 5.03(a) hereof, the Lender and any other holder who obtains title to or possession of the Project Site, or any part thereof, as a result of foreclosure proceedings or any other action in lieu thereof, including (I) any other party who thereafter obtains title to the Project Site or such part from and through such holder or, (ii) any other purchaser at a foreclosure sale, or (iii) any other grantee under a deed in lieu of foreclosure, and any of such parties' successors and assigns, shall not be obligated by this Agreement to construct or complete the Project, or to guarantee such construction or completion or to perform any of the Developer's other agreements, obligations or covenants under this Agreement. (b) Nothing in this Section 5.04 or any other provisions of this Agreement shall be deemed or construed to permit or authorize any Lender or any other party obtaining title to or possession of the Project Site, or any part thereof, to devote the Project Site, or any part thereof, to any use, or to construct any improvements thereon, other than the uses and improvements provided in the Plan and in the Project Plans and Specifications, unless prior to commencement of such use, approval thereof is obtained from the Agency, which approval shall not be unreasonably withheld, conditioned or delayed. 5.05. Agency Cures Developer's Default. If prior to the issuance of the Project Completion Certificate, the Developer defaults under this Agreement or under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Project Site, or any part thereof, if permitted by the terms of the Construction Financing, the Agency may cure such default or breach. In such an event, the Agency, as the case may be, shall be entitled, in addition to and without limitation upon any other rights or remedies or payment of any other amounts to which it shall be entitled by this Agreement, operation of law, or otherwise, to reimbursement from the Developer for all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Agency in curing such default, together with interest thereon at a per annum rate equal to twelve percent (12%) until such amount is paid. The Agency shall have a lien on the Project Site for the amount of such reimbursement; provided, that any such lien shall be subject and subordinate to the lien of any then existing mortgage of the Project Site in favor of the Lender. The Agency shall, if requested by Developer or the Lender, execute and deliver to Lender an agreement in recordable form subordinating the Agency’s lien to the lien of the Lender. ARTICLE 6. PROJECT SITE CONVEYANCE. 6.01. Findings; Representations. (a) The Agency is the owner of the Project Site. (b) Developer desires to purchase from Agency and Agency desires to sell to Developer the Project Site. 6.02. Agreement to Sell and Purchase. The Agency hereby agrees to sell and convey the Project Site to Developer and Developer hereby agrees to purchase the Project Site from Agency, upon the terms and conditions set forth in this Article 6. 6.03. Purchase Price. The Developer shall pay to the Agency as the purchase price for the Project Site the sum of One Million Three Hundred Fifty Thousand and 00/100 Dollars ($1,350,000.00). The Agency agrees to accept a promissory note in the amount of the Purchase Price (the “Note”) from Developer or its assignee as payment in full of the Purchase Price. The Note shall not bear interest and shall have a maturity date that is 40 years from the Closing Date and shall not require payments until maturity unless the Note has been accelerated. The Note shall be secured by a mortgage (the “Mortgage”) which shall be junior in priority to the Construction Financing and all other loans comprising Project Financing. The Agency may assign the Note and the Mortgage to the City, for any reason. 6.04. Site Evaluation. (a) From and after the Effective Date hereof during the term of this Agreement, the Developer and its agents and representatives shall be entitled to enter upon the Project Site for inspection, soil tests, examination, and such other matters and investigations as Developer deems necessary and appropriate. In this regard, no such examination will be deemed to constitute a waiver or a relinquishment on the part of Developer of its right to rely on the covenants, representations, warranties and agreements made by Agency or upon the agreements provided to Developer by Agency. Developer will restore any disturbance to the Project Site caused by its acts and will hold Agency harmless and indemnify Agency from and against any and all damages and liability occasioned by any claim asserted against Agency caused by such examination, excluding all damages and liability as a result of (i) a pre-existing condition on the Project Site, or (ii) the negligence and willful misconduct of the Agency. (b) Notwithstanding any other provision of this Agreement, in the event Developer does not receive approval of the Project after diligent effort and compliance with the timelines for submittal set forth herein and the procedural requirements of the City for submitting plans and specifications for approval to the City, Developer shall be entitled to terminate this Agreement as provided in Section 12.05 hereof. (c) Notwithstanding any other provision of this Agreement, in the event Developer is unable to obtain financing on commercially reasonable terms prior to the Closing Date, Developer may elect to terminate this Agreement as provided in Section 12.05. 6.05. Title. (a) Within three (3) months after the Effective Date, the Developer shall order from a title company of its choosing (the “Title Company”), at Agency's expense, a commitment for the issuance of an owner's policy of title insurance for the Project Site in the standard form adopted by the American Land Title Association, at no more than the promulgated rate, accompanied by one copy of all documents affecting the Project Site which constitute exceptions to the commitment. This commitment shall be in the amount of the total Purchase Price of the Project Site, shall show in Agency or the City, a good and marketable title in fee simple, free and clear of all liens and encumbrances without exception other than those permitted under the provisions of Section 6.13 hereof (the "Permitted Exceptions") in a form reasonably acceptable to Developer and shall be referred to hereinafter as the "Title Commitment". (b) If the Title Commitment, any update thereof or subsequent title commitment or the survey delivered to Developer in connection with the Project Site shows that the title is defective or unmarketable or that any part of the Project Site is subject to liens, restrictions, easements, encroachments or encumbrances of any nature whatsoever other than the Permitted Exceptions, Developer shall give Agency a reasonable time (not to exceed sixty (60) days after Developer has given written notice to Agency of any unacceptable conditions of title) within which to remedy or remove any such unacceptable conditions of title. Failure of Agency to remedy or remove any such unacceptable condition of title shall constitute a grounds for termination as provided in Section 12.05, unless Developer gives Agency its written waiver of such unacceptable condition of title. 6.06. Survey. (a) The Developer, shall engage a surveyor licensed by the State of Florida to prepare a current survey of the Project Site within 180 days of the execution of this Agreement. (b) The survey shall: (1) Include the sealed Survey Certification attached hereto as Exhibit “F” for the Project Site. (2) Set forth an accurate metes and bounds description of the Project Site, which metes and bounds description shall be used for the purposes of conveying the Project Site to Developer hereunder, and the gross number of acres contained in the Project Site. (3) Locate all existing easements and rights of way, whether recorded or visible (setting forth the book and page number of the recorded instruments creating the easement). (4) Show any encroachments onto the Project Site from adjoining property and any encroachments from the Project Site onto adjoining property. (5) Show all existing improvements (such as buildings, power lines, fences, roads, driveways, railroads, underground pipelines, cables, etc.) and all rivers, creeks, drainage ditches or other water courses. (6) Show all dedicated public streets providing access to the Project Site and whether such access is paved to the property line of the Project Site. (7) Identify any flood zones as defined on Federal Flood Insurance Rate Maps (F.I.R.M.) for Pinellas County, Florida that affect the Project Site. (8) Show all applicable set back lines with reference to the source of the set backs. In the event the survey shows any encroachments of any improvement upon, from or onto the Project Site or shows any other matter of survey which is objectionable to Developer, in Developer's sole discretion, then Developer shall provide Agency with notice of such defect and the same shall be deemed a title defect and shall be treated as an objection to title by Developer as provided under Section 6.05(b). 6.07. Rights and Duties of Agency. (a) Agency shall cooperate in good faith with Developer in Developer's evaluation of the Project Site and shall execute all documents or perform such other acts, reasonably necessary to enable Developer to satisfactorily complete its evaluation of the Project Site and shall provide to Developer and its consultants any information or documents reasonably required by Developer and in Agency's or its consultant's possession which would assist Developer in such evaluation and preparation. (b) Agency shall reaffirm in writing to Developer that the covenants, warranties and representations set forth herein are true and correct as of the Closing Date. 6.08 Rights and Duties of Developer. Developer agrees to timely commence and pursue its evaluation of the Project Site hereunder in good faith; provided, however, at any time, Developer may cease such evaluations and terminate this Agreement as provided in Section 6.04(b). 6.09. Conditions to Closing. (a) The obligation of Developer to purchase the Project Site is subject to the following ("Conditions to Closing") unless waived by the Agency on or before the Closing Date: (1) Developer's purchase of the Project Site is contingent upon Developer obtaining approval of the Application, resulting in a site plan approval of the Project for no fewer than 80 residential, affordable dwelling units with a rooftop community garden and that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and to be constructed substantially in accordance with the Project Plans and Specifications. (2) The representations and warranties of Agency set forth herein being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date. (3) The Project shall be in compliance with the zoning, land use and concurrency requirements for the Project for no fewer than 80 residential, affordable dwelling units. (4) The Developer obtaining financing for construction of the Project on commercially reasonable terms. In the event the Conditions to Closing are not satisfied on or before the Closing Date, as hereinafter defined, the Agency may terminate this Agreement as set forth in Section 12.05 or may, at the Agency's option, extend the Closing Date for three (3) months to permit the Developer to satisfy the Conditions to Closing that are within the Agency’s control. (b) The obligation of the Agency to convey the Project Site to the Developer is subject to the following unless waived by the Agency on or before the Closing Date: (1) The representations and warranties of the Developer set forth in Section 10.01 being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date. (2) The Developer is not then in default of this Agreement as provided in Section 12.01. (3) The Agency shall have approved the Project Plans and Specifications. (4) The City shall have approved the Site Plan for the Project for no fewer than 80 residential, affordable dwelling units with a rooftop community gardens and that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and constructed substantially in accordance with the Project Plans and Specifications. 6.10 Closing. Provided all conditions to conveyance of the Project Site to the Developer have been satisfied, Developer shall purchase the Project Site on or before the date which is 60 days after issuance of all Building Permits (herein referred to as the "Closing Date"). The parties may mutually agree to change the Closing Date, provided however that in no instance shall the Closing Date occur later than August 22, 2022. 6.11. Closing Procedure. (a) At closing, the Agency shall convey to Developer by special warranty deed, in the form attached hereto as Exhibit "C", title in fee simple to the Project Site, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions except those permitted in this Agreement and the Permitted Exceptions. (b) At closing, the Agency shall execute and deliver to Developer and Title Company an Affidavit of No Liens in a form satisfactory to Title Company and Developer, so as to cause Title Company to remove the "gap," unrecorded easements and other standard exceptions from the Title Commitment including all construction liens and parties in possession. (c) At closing, the Agency shall deliver to Title Company and Developer a certified copy of the organic document (e.g., the ordinances and resolutions) and all amendments thereto, that legally formed Agency and/or pursuant to which Agency holds title to the Project Site, along with evidence satisfactory to Title Company of Agency's authority to execute and deliver the documents necessary or advisable to consummate the transaction contemplated hereby. (d) At closing, the Agency shall deliver an endorsement to the Title Commitment required herein and such further instruments as may be required by Developer, Developer's counsel or the Title Company to vest in Developer title of the Project Site as provided herein, all at Agency's expense. (e) At closing, the Developer shall pay the Purchase Price for the Project Site to Agency as provided in Section 6.03 by delivery of the Note. (f) The Project Site is currently exempt from ad valorem real estate taxes. Commencing on the Closing Date, Developer shall be responsible for all ad valorem real estate taxes on the Project Site and any personal property taxes. (g) Agency shall pay all special assessments and taxes, interest and penalties levied against the Project Site prior to the Closing Date. (h) Other than the Business Lease Contract between the Agency as landlord and Clearwater Community Gardens, Inc. as tenant, having an effective date of February 27, 2020 (the “Community Gardens Lease”), Agency has terminated all leases for the Project Site or any part thereof and all tenants will have vacated the Project Site by the Closing Date. The Agency reserves the right to not terminate the current term of the Community Gardens Lease, provided, however, the Agency covenants not to extend or renew the Community Gardens Lease. (i) Agency shall deliver to Developer all original documents pertaining to the Project Site including licenses and permits, if any. (j) The Developer shall pay for all documentary stamps and transfer taxes, if any, for the deed, and for the preparation, recording for all closing documents, its own attorney's fees, the premiums for the owner's title insurance policy, and for recording the deed and all other closing costs and expenses. (k) Closing shall be conducted at the offices of the [Title Company]. 6.12. Possession. Exclusive possession of the Project Site shall pass to Developer upon completion of the closing. 6.13. Condition of Title. Title to the Project Site at the time of conveyance shall be free of all liens, restrictions, easements, encroachments and encumbrances of any nature whatsoever except the following (the "Permitted Exceptions"): (a) Real estate taxes for the year of closing and subsequent years that are a lien but not yet due and payable. (b) Comprehensive land use planning, zoning and building ordinances, regulations and requirements adopted by governmental or municipal authority having jurisdiction. (c) Those additional exceptions as contained in the Title Commitment which Developer, in its sole and absolute discretion, has elected to accept. 6.14. Taxes and Assessments. Agency agrees to pay all taxes and assessments that become a lien on the Project Site prior to the Closing Date promptly when due. All special assessments applicable to any portion of the Project Site, delinquent taxes and delinquent installment of special assessments, together with any penalties and interest thereon, shall be paid by Agency on or before the Closing Date. 6.15. Covenants, Warranties and Representations. Agency hereby covenants, warrants and represents to Developer that: (a) The title of Agency to the Project Site hereby sold is absolute, good and marketable and free and clear of all liens and encumbrances except for the Permitted Exceptions. (b) Agency will have the full legal power to own and convey the Project Site as provided for herein, following conveyance to the Agency of that portion of the property owned by the City. (c) There are no legal proceedings pending, threatened or contemplated against Agency or the City in any court, tribunal or administrative agency which affect the Project Site or which give or will give rise to any claims or liens against the Project Site or affect Agency's right to transfer the Project Site. (d) There are no rights of possession, use, rights of first refusal or otherwise to the Project Site outstanding in third persons by reason of unrecorded leases, land contracts, sale contracts, options or other documents. (e) No work has been performed or is in progress on or at the Project Site and no materials have been furnished to Agency or the Project Site or any portion thereof which after closing could give rise to any mechanics', materialmen, or other liens, and at the closing, Agency shall furnish to Developer an affidavit attesting to the absence of any such liens or rights to liens. (f) No assessment for public improvements or otherwise have been made against the Project Site which remain unpaid, including without limitation, any special assessments or those for construction of water, sewer, gas and electric lines, nor have any been proposed. (g) Agency has no information or knowledge of any change contemplated in the applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent land owners or natural or artificial conditions upon the Project Site which would prevent, limit, impede or make more costly the present or proposed use of the Project Site, provided, however, the City is in the process of adopting amendments to the land development code, but, if adopted, it will not adversely affect the proposed use or contemplated development of the Project Site. (h) From and after the date hereof, Agency shall refrain from (1) making any material changes on or about the Project Site; (2) creating and incurring or permitting to exist any mortgage, lien, pledge or other encumbrance in any way affecting the Project Site; or (3) committing any waste or nuisance on the Project Site. (i) From and after the date hereof, and at any time prior to transfer of title to Developer, Agency shall not grant, sell or convey any interest in the Project Site, including easements or rights of way, to any person, corporation (public or private), governmental body or political subdivision without the written permission of Developer. (j) (1) Compliance with Environmental Law. Agency has: (I) materially complied with all applicable Environmental Law; and (ii) not received any notice of alleged outstanding violation of Environmental Law, nor does Agency have knowledge of any facts or circumstances that could constitute such a violation. To the best of Agency's knowledge, there are no Hazardous Substances on, above, within, underneath or in groundwater underlying the Property which exceed applicable standards under any Environmental Law, other than the contaminants described in the Phase II ESA. (2) Definitions. For purposes of this Article 7, the terms in this paragraph (2) shall have the following meanings: (i) "Hazardous Substances" means any substance or material: (a) identified in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §9601, as the same may be amended from time to time; or (b) determined to be toxic, a pollutant or contaminant, under Federal, state or local statute, law, ordinance, rule or regulation or judicial or administrative order or decision, as same may be amended from time to time, including but not limited to (i) hazardous wastes as identified pursuant to the Resource Conversation and Recovery Act, 42 U.S.C. §6901, et seq., as the same may be amended from time to time, or (ii) pollutants, petroleum and petroleum products as defined in either Chapter 403 or Chapter 376, Florida Statutes, as the same may be amended from time to time. (ii) "Environmental Law" means any Federal, state or local statutory or common law relating to pollution or protection of the environment, including without limitation, any common law of nuisance or trespass, and any law or regulation relating to emissions, discharges, releases or threatened releases of Hazardous Substances into the environment (including without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances. (k) Agency has no knowledge of any adverse fact relating to the physical condition of the Project Site or any portion thereof which has not been specifically disclosed in writing to Developer, including without limitation landfills, hazardous wastes, fault lines, sinkholes or other geological conditions or adverse soil conditions. (l) Agency has no knowledge that any commitments have been made to any governmental authority, utility company, school board, church or other religious body, homeowners' association, or any other organization, group or individual relating to the Project Site which would impose an obligation upon Developer or its successors or assigns to make any contributions or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Project Site. (m) There are no facts known to Agency materially affecting the value of the Project Site which are not readily observable by Developer or which have not been disclosed to Developer or identified by Developer in its site investigation. (n) There exists no violation of any requirement or condition to current zoning or land use classifications applicable to the Project Site. (o) The Project Site is not included in any national, state, county or municipal historic registry or similar classification, nor does the Project Site include any historical or archeological artifacts. (p) The Agency has full power and authority to enter into this Agreement and consummate the transactions contemplated hereby and neither this Agreement nor the consummation of the transactions contemplated hereby will constitute a violation of any order, rule, regulation, agreement or instrument or any charter or organizational documents to which the Agency is subject. No further approvals or consents by third parties or governmental bodies are required in order for the Agency to enter into this Agreement and consummate the transactions contemplated hereby. (q) The covenants, representations and warranties of the Agency as contained herein shall be true and correct as of the Closing Date and shall survive the closing of this transaction. 6.16. Condemnation. In the event that prior to the Closing Date, all or any portion of the Project Site or any rights or easements therein shall be taken by condemnation or rights of eminent domain or like process, or shall be threatened therewith, and the same, in Developer's reasonable opinion, would have a materially adverse impact upon Developer's use of the Project Site, Developer shall, within fifteen (15) days after having received notice thereof from Agency, elect in writing to either (a) continue this Agreement in full force and effect, notwithstanding such taking or threatened taking, in which case Developer shall be required to continue the purchase of the Project Site, in which event Agency shall assign or pay to Developer the applicable portion of the proceeds payable under such condemnation proceedings, (b) delete the portion of the Project Site condemned or threatened to be condemned from this Agreement, with a proportionate reduction in the Purchase Price, or (c) terminate this Agreement. 6.17. Real Estate Commission. Developer and Agency represent that they have not used any brokerage services with respect to the conveyance of the Project Site to the Developer as herein contemplated. The Agency and the Developer shall each hold the other harmless and indemnify the other party, its respective successors, assigns, employees, directors and agents from any and all costs, damages, liabilities and expenses, including reasonable attorney's fees, incurred by reason of any claim for fee or commission of any kind based on the sale contemplated herein. 6.18. Maintenance of Project Site. Prior and up to the Closing Date during its continued possession, the Agency shall maintain the Project Site in good order. 6.19. Radon Gas Notice. (a) As required by Section 404.056(5), Florida Statutes, the following notice is hereby given to the Developer as the prospective purchaser of the Project Site, which may have buildings located thereon, and the Developer acknowledges receipt of such notice: "Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." ARTICLE 7. CONSTRUCTION OF THE PROJECT. 7.01. Site Clearance. The Developer shall be responsible for clearance of the Project Site such that it is in a condition ready for Commencement of Construction as of the Commencement Date. Permits issued by the City for pre-construction activities on the Project Site, including site clearance, shall not be considered a Building Permit for purposes of this Agreement. 7.02. Construction of the Project. (a) The Developer shall construct the Project on the Project Site substantially in accordance with the Project Plans and Specifications. Subject to Unavoidable Delay and the terms and conditions in this Agreement, the Developer shall Commence Construction of the Project no later than August 31, 2022. (b) (1) The Developer shall commence Vertical Construction of the Project by December 1, 2022. The Developer shall continue, pursue and prosecute the Vertical Construction of the Project with reasonable diligence to substantial completion by the Completion Date and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Project Site. For purposes of this subsection (b), "abandoned" means to have ceased all construction work, including all or substantially all the construction work force withdrawing from the Project Site for a period of sixty (60) consecutive days, subject to unavoidable delays. (2) All obligations of the Developer with respect to commencement, continuation and completion of construction of the Project shall be subject to delays and extensions from time to time for Unavoidable Delay. The Developer shall not be deemed to be in default of this Agreement to the extent construction or completion of the Project, or any part thereof, is not complete by reason of Unavoidable Delay. (c) For purposes of this Agreement, "completion," "complete," "substantially complete" or "substantial completion" means, that a temporary Certificate of Occupancy for each residential building has been issued by the City. (d) (1) Commencing on the fifteenth (15th) day of the calendar month following the calendar month in which the Commencement Date occurs and continuing until the Completion Date, the Developer shall make quarterly reports to the Agency in such detail and in such form as may reasonably be requested by the Agency as to the actual progress of the construction of the Project. (2) If the Agency reasonably believes adequate progress in the construction of the Project is not being made, the Agency shall give written notice to the Developer that adequate progress is apparently not being made in the Project and Developer shall have a period of ten (10) business days after receipt of such notice in which to respond to Agency as to why adequate progress is or is not being made toward completion of the Project. (e) (1) The Developer agrees that each contract between the Developer and a Contractor for the Project shall provide, among other things, that: (i) notice shall be given to the Agency of any material defaults thereunder by the Developer or the Contractor; and (ii) in the event of a material breach by the Developer of such contract that is not being contested by the Developer, the Agency shall have the right, but not the obligation, to cure any defaults by the Developer under such contract without penalty to the Agency or stoppage of the work. (2) If the Agency elects to cure a material default by the Developer under a contract between the Developer and a Contractor, upon receipt of a notice to that effect from the Agency, the Developer shall immediately deliver to the Agency all plans, specifications, drawings, contracts and addenda thereto pertaining to the construction of that part of the Project which are in its possession or control (and shall instruct the Project Professionals and any other persons in possession or control of such plans, specifications, drawings and contracts to deliver them to the Agency). (3) The right of the Agency to cure any default by the Developer as provided in paragraph (1) above shall be subject and subordinate to the right of the Lender to cure such default. 7.03. Maintenance and Repairs. During the construction of the Project, the Developer shall, at its own expense, keep the Project in good and clean order and condition and the Developer shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, whether ordinary or extraordinary, foreseen or unforeseen. All repairs, replacements and renewals shall be equal in quality and class to the original work. When making such repairs, replacements or renewals, the Developer shall comply with all applicable laws, ordinances, codes and regulations. 7.04. Project Alterations or Improvements. During the initial construction of the Project, the Developer may, from time to time, make alterations and improvements, structural or otherwise, to the Project as the Developer deems desirable and consistent with the Project Plans and Specifications for the uses contemplated by this Agreement; provided, however, that prior to the commencement of any material alterations or improvements of sufficient size and scope as to constitute a material change in the previously approved Project Plans and Specifications, the Developer shall notify the Agency of such material change and shall submit a change, amendment or revision to the Project Plans and Specifications to the Agency for review as provided in Sections 4.03 and 4.04 hereof. Nothing in this Section 7.04 is intended nor shall be deemed to limit or restrict the exercise of governmental or regulatory powers or authority by the City or any other governmental entity or to enlarge its regulatory authority. 7.05. Completion Certificate. (a) (1) Upon the substantial completion of the construction of the Project in accordance with the provisions of this Article 7 (particularly including subsection 7.02(c)), the Developer shall prepare and execute the Completion Certificate, which shall then be delivered to the Agency. Upon receipt of the Completion Certificate, the Agency shall promptly and diligently proceed to determine if construction has been completed substantially in accordance with the Project Plans and Specifications and this Agreement. Upon making such a determination the Agency shall execute the Completion Certificate and return it to the Developer. The date of the Completion Certificate shall be the date when the last of the parties shall have executed the Completion Certificate. (2) The Completion Certificate shall constitute a conclusive determination by the parties hereto of the satisfaction and termination of the obligations of the Developer hereunder to construct the Project; provided, however, that nothing in this Section 7.05 shall be a waiver of the rights, duties, obligations or responsibilities of the City or any other governmental entity acting in its regulatory or governmental capacity or an approval of said construction for purposes of the issuance of a certificate of occupancy for the Project. (3) The parties agree that it is their intent that the review by the Agency for purposes of the Completion Certificate determination pursuant to this Section 7.05 is not to be an additional or duplicate inspection over and above that required for purposes of the Building Permit, including the issuance of a certificate of occupancy. The Agency agrees that for purposes of determining if the Project has been substantially completed in accordance with the Project Plans and Specifications, the issuance of a certificate of occupancy shall be a conclusive determination of substantial completion for purposes of this subsection (a) and, if such certificate of occupancy has been determined to have been issued, then the Agency agrees to execute the Completion Certificate. (b) If the Agency shall refuse or fail to execute the Completion Certificate after receipt of a request by the Developer to do so, then the Agency shall, within ten (10) days after its receipt of such request, provide the Developer with a written statement setting forth in reasonable detail the reason(s) why the Agency has not executed the Completion Certificate and what must be done by the Developer to satisfy such objections so that the Agency would sign the Completion Certificate. Upon the Developer satisfying the Agency's objections, then the Developer shall submit a new request to the Agency for execution of the Completion Certificate and that request shall be considered and acted upon in accordance with the procedures in paragraph (a)(1) for the original request. (c) The Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, Florida. After execution by the Agency, it shall be promptly returned to the Developer who shall record the Completion Certificate in the public records of Pinellas County, Florida, and pay the cost of such recording. 7.06. Agency Not in Privity with Contractors. The Agency shall not be deemed to be in privity of contract with any Contractor or provider of goods or services with respect to the construction of the Project. 7.07. Repurchase of the Project Site. (a) In the event Developer does not commence Construction of the Project in accordance with the Project Schedule set forth in Sections 4.05 and 7.02 hereof, Agency shall have an option to purchase the Project Site upon the terms and conditions as set forth in this Section 7.07 (the "Property Option"). The Property Option shall be exercised by Agency within ninety (90) days following the last date on which Developer was required to commence Vertical Construction. The Property Option shall be exercised by Agency providing written notice to Developer of its intent to exercise the Property Option within said ninety (90) day period (time being of the essence with respect to such notice); provided, however, that Agency shall not have the right to exercise such Property Option in the event Developer cures its failure to commence Vertical Construction within thirty (30) days following its receipt of such written notice. If Agency should fail to provide such written notice of its exercise of the Property Option within said ninety (90) day period, then the Property Option shall immediately, automatically and permanently lapse. (b) Upon proper and timely exercise of the Property Option, Agency and Developer shall undertake to close the conveyance of the Project Site by Developer to Agency within sixty (60) days following the date of notice of the exercise of the Property Option upon the following terms and conditions: (1) The Project Site shall be acquired subject to any recorded mortgages, notes, or other debt instruments in favor of third parties encumbering the title to the Project Site as evidenced in the Public Records of Pinellas County, Florida. (2) The price to be paid by Agency to Developer for the Project Site shall equal the Purchase Price paid by Developer to Agency at closing less the amount of outstanding debt encumbering the Project Site pursuant to paragraph (b)(1) above that is assumed by the Agency. (3) The Project Site shall be conveyed by Developer to Agency pursuant to a special warranty deed, which deed shall be subject to taxes for the year of closing and the other Permitted Exceptions to which the Project Site was subject on the Closing Date. (c) Upon the commencement of Vertical Construction by Developer in accordance with the Project Schedule, the Agency shall, within five (5) days of Developer’s request, execute and deliver to Developer, in recordable form, a termination of the Agency’s Property Option. (d) Upon conveyance of the Project Site to the Agency pursuant to the exercise of the Property Option, this Agreement shall terminate as provided in Section 12.05. (e) The Property Option shall survive a termination of this Agreement by the Developer pursuant to Section 12.05. ARTICLE 8. INSURANCE. 8.01. Insurance Requirements Generally. (a) The Developer agrees to purchase and maintain or cause its construction Contractor to purchase and maintain) in full force and effect such insurance policies with coverages generally applicable to projects in the State of Florida and Pinellas County similar in size and scope to the Project. All insurance shall be obtained from financially responsible insurance companies either duly authorized under the laws of the State of Florida to do insurance business in the State of Florida (or subject to legal process in the State of Florida) and shall be issued and countersigned by duly authorized representatives of such companies for the State of Florida. (b) The insurance coverages and limits shall be evidenced by properly executed certificates of insurance, copies of which shall be provided to the Agency during the term of this Agreement. No less than thirty (30) days written notice by registered or certified mail must be given by the Developer to the Agency of any cancellation, intent not to renew, or reduction in the policy coverages. (c) Nothing in this Agreement is intended or shall be deemed to be designed by the Agency as a recommended insurance program for the Developer. (d) (1) The Developer alone shall be responsible for the sufficiency of its own insurance program. The Agency will in no way be responsible to the Developer or any other party for any inadequacy of the Developer's overall insurance program. (2) The Agency shall be responsible for the sufficiency of its insurance program. The Developer will in no way be responsible to the Agency or any other party for any inadequacy of the Agency's overall insurance program. 8.02. No Waiver of Sovereign Immunity. Nothing in this Article 8 is intended or shall be deemed to constitute a waiver in whole or in part of any sovereign immunity applicable to and that may be asserted by the City or the Agency. ARTICLE 9. INDEMNIFICATION. The Developer agrees to assume all risks inherent in this Agreement and all liability therefor, and shall defend, indemnify, and hold harmless the Agency, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the Agency or Agency's agents or employees. 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 Developer's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Developer whether or not based on negligence. Nothing herein shall be construed as consent by the Agency to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 10.01. Representations and Warranties. The Developer represents and warrants to the Agency that each of the following statements is currently true and accurate and agrees the Agency may rely upon each of the following statements: (a) 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 and has consented to service of process upon a designated agent for service of process in the State of Florida. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which 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: (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (3) 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. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency 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 creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) 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. (e) 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. (f) All financial information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City and the Agency, was, on the date of delivery thereof, true and correct in all material respects. (g) The principal place of business and principal executive offices of the Developer are in Miami, Florida, and, until the expiration or termination of this Agreement, the Developer will keep original or duplicate records concerning the Project (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at its office located in Miami, Florida, copies of which shall be made available to Agency upon 24 hours' written notice. (h) As of the Closing Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement, including the purchase of the Project Site from the Agency as contemplated by Article 6, subject to receipt of the Project Financing. (i) The Developer (with the assistance of its Project Professionals) has the experience, expertise, and capability to develop, cause the construction, and complete the Project and, oversee and manage the design, planning, construction, and completion of the Project, and to acquire the Project Site as provided herein. 10.02. Covenants. The Developer covenants with the Agency that until the earlier of the Termination Date or the Expiration Date: (a) 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. (b) During each year 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. (c) The Developer shall assist and cooperate with the Agency to accomplish the development of the Project by the Developer in accordance with this Agreement and the Project Plans and Specifications and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto, including the Plan and the Act. (d) The Developer shall comply with all provisions of the financing documents for any Construction Financing. (e) Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the Agency of any event, condition, occurrence, or change in its financial condition which materially 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 Project as contemplated hereby. (f) 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 so as to avoid an uncured tax lien against the Project Site. (g) Subject to and except as permitted by Section 15.01, 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 without the prior approval of the Agency, unless the Developer is the surviving entity or retains a controlling interest in the consolidated or merged corporation, in which case no consent by Agency shall be required. In any event, prior to the expiration or termination of this Agreement, the Developer, will promptly notify the Agency of any changes to the existence or form of the limited liability company of Developer. (h) The Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. (i) Except for the removal of any structures, plants, items or other things from the Project Site after the Closing Date necessary for construction of the Project to commence and continue, the Developer shall not permit, commit, or suffer any waste or impairment of the Project Site prior to the earlier of the Termination Date or the Expiration Date. (j) Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Project such that it is substantially complete as set forth in Section 4.05 of this Agreement. 10.03 Covenant: Nondiscrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the marketing, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees of the Project Site. 10.04. Survival. The representations, warranties and covenants of Developer as contained in Section 10.01 and 10.02 hereof shall survive the conveyance of the Project Site to the Developer by the Agency. The representations, warranties and covenants of Developer as contained in Section 10.03 hereof shall survive the conveyance of the Project Site to the Developer by the Agency and Termination or Expiration. The Parties agree that the survival contained in this section automatically terminate on October 1, 2029. ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY. 11.01. Representations and Warranties. In addition to any representation, warranty and/or covenant contained in Section 6.15 hereof, the Agency 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: (a) The Agency is a validly existing body corporate and politic of the State of Florida, is the duly created community redevelopment agency of the City under Part III, Chapter 163, Florida Statutes (known as the Community Redevelopment Act of 1969), has all requisite corporate power and authority to carry on 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. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Agency 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 Agency, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Agency, (3) 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 Agency 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 Agency is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the Agency outstanding on the Effective Date. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Agency is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the Agency enforceable against the Agency 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. (d) There are no pending or threatened actions or proceedings before any court or administrative agency against the Agency, or against any officer of the Agency, which question the validity of 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 Agency. 11.02. Covenants. The Agency covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: (a) The Agency shall timely perform or cause to be performed all the obligations contained herein which are the responsibility of the Agency to perform. (b) During each year that this Agreement and the obligations of the Agency under this Agreement shall be in effect, the Agency 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 Agency. (c) The Agency shall assist and cooperate with the Developer to accomplish the development of the Project in accordance with this Agreement and the Project 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 Agency 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. (d) The Agency shall not request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. (e) The Agency to the best of its ability, shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement and shall notify the Developer of any event, condition, occurrence, or change in its financial condition that adversely affects, or with the passage of time is likely to adversely affect, the Agency's financial capability to carry out its responsibilities contemplated hereby. 11.03. Survival. The representations, warranties and covenants of Agency as contained in Section 11.01 and 11.02 hereof shall survive the conveyance of the Project Site to the Developer by the Agency. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Default by Developer. (a) Provided the Agency is not then in default of this Agreement under Section 12.02 hereof, the occurrence of any one or more of the following after the Effective Date shall constitute an event of default by Developer ("Developer Event of Default"): (1) The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor; provided, however, that suspension of or delay in performance by the Developer during any period in which the Agency is in default of this Agreement as provided in Section 12.02 hereof will not constitute a Developer Event of Default under this subsection (a), and provided further, the failure to satisfy any condition precedent, including, without limitation, securing the Project Financing shall not be construed as or deemed to be a default or an Event of Default hereunder; or (2) 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 (3) 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 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. (b) (1) If a Developer Event of Default shall remain uncured thirty (30) days after written notice thereof to the Developer, then, in addition to any remedy available under Section 12.03, the Agency may terminate this Agreement or pursue any and all legal or equitable remedies to which the Agency is entitled, including an action for declaratory or injunctive relief. Notwithstanding anything contained in this clause (1) of this subsection 12.01(b) to the contrary. In the event the Developer has commenced to cure the Developer Event of Default but it is of such nature that it cannot be completely cured within thirty (30) days, then Developer shall have such reasonable additional time as is necessary to cure the Developer Event of Default provided that the entire cure period shall not exceed ninety (90) days after Developer's initial receipt of notice of the Developer Event of Default. Notwithstanding any provision in this Agreement to the contrary, if a Developer Event of Default shall occur prior to the Closing Date, Agency's sole and exclusive remedy shall be to terminate this Agreement. (2) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any Developer Event of Default hereunder if such event affects the Agency's ability to perform by such deadline or the expiration of such period. (c) Subject to the rights of any Lender, any Contractor, creditors of the Developer, and others claiming a legal or equitable interest in the Project, or a portion thereof, if the Agency elects under Section 5.05 to cure a Developer Event of Default and complete the construction of the Project, all plans and specifications, working drawings, construction contracts, contract documents, Building Permits, 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 Agency of its election to cure under Section 5.05, be deemed then assigned to the Agency 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 Agency upon making said election, all assignable Project Plans and Specifications, working drawings, construction contracts, contract documents, financial commitments, management agreements, and all Permits. The rights of the Agency under this Section 12.01(c) are subject and subordinate in all respects to the rights of Lender. 12.02. Default by the Agency. (a) Provided the Developer is not then in default under Section 12.01, there shall be an "Agency Event of Default" under this Agreement in the event the Agency 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 Agency during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an Agency Event of Default under this subsection (a). (b) If an Agency Event of Default described in subsection (a) shall occur, the Developer shall provide written notice thereof to the Agency, 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 Agency or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the Agency Event of Default occurs on or prior to the Closing Date, any monetary recovery by the Developer in any such action shall not include any lost profits or consequential damages and 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 the negotiation of this Agreement as well as any investigation, due diligence, development, design or construction costs incurred by the Developer in connection with the proposed acquisition and development of the Project Site, unless any such Agency Event of Default was willful and committed in bad faith with reckless disregard for the rights of the Developer. If the Agency Event of Default occurs following the Closing Date, Developer shall provide written notice thereof to the Agency, and, after the expiration of the curative period described in paragraph (c) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the Agency or pursue any and all legal or equitable remedies to which the Developer is entitled; any monetary recovery by the Developer in any such action shall include any lost profits or consequential damages in addition to reimbursement for bona fide third party out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with the negotiation of this Agreement as well as any investigation, due diligence, development, design or construction costs incurred by the Developer in connection with the proposed acquisition and development of the Project Site. (c) The Developer may not terminate this Agreement or institute an action described in paragraphs (a) or (b) above if the Agency cures such Agency Event of Default within thirty (30) days after receipt by the Agency of written notice from the Developer specifying in reasonable detail the Agency Event of Default, or if any such Agency 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 Agency Event of Default. If the Agency is proceeding diligently and in good faith to cure such Agency Event of Default, the curative period shall be extended for a period of not exceeding an additional thirty (30) days without any approval or consent of the Developer being required, but such approval will be required (and shall be given or withheld in Developer's sole discretion) if the curative period is to be extended beyond the aggregate of sixty (60) days after the notice of such Agency Event of Default has been given by the Developer to the Agency. If the Agency shall fail to cure such Agency Event of Default within said thirty (30) day or longer period (as extended above) or ceases to proceed diligently to timely cure such Agency Event Default, then the Developer may proceed with its available remedies without providing any additional notice to the Agency. (d) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any Agency Event of Default hereunder if such event affects the Developer'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 Agency 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 Agency 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 Agency shall at such time be in default of their obligations hereunder shall not be deemed to be a Developer Event of Default. The suspension of, or delay in, the performance of the obligations by the Agency while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an Agency Event of Default. 12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the Agency 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 Agency 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. 12.05. Termination. (a) The Developer and the Agency acknowledge and agree that as of the Effective Date, certain matters mutually agreed upon by the parties hereto, which are essential to the successful development of the Project, 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. 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 (b) below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may be the basis for a termination of this Agreement as provided in this Section 12.05. (b) In addition to any other rights of termination provided elsewhere in this Agreement, this Agreement may be terminated by Developer prior to the Closing Date as provided in subsection (c) after the occurrence of any of the following events or conditions: (1) Failure to satisfy the Conditions to Closing set forth in Section 6.09. (2) All of the Project Site is taken by the exercise of the power of eminent domain by a governmental authority (except the City or the Agency) or a person entitled to exercise such power or benefiting therefrom, or such part of the Project Site is taken by the power of eminent domain so as to render the Project, in Developer's sole discretion, commercially unfeasible or unusable for its intended uses as contemplated by this Agreement. (3) The appropriate governmental authority (but not including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer, unduly delays or denies or fails to issue the Permits, issue the Building Permits, or approve any other land use approval necessary to Commence Construction of the Project on the Project Site. (4) A moratorium on new construction is imposed by a governmental authority within the City or Pinellas County preventing construction of the Project to commence. (5) The City or other appropriate governmental authority has issued a concurrency compliance certificate or a reservation of services capacity as described in Section 3.05 and such certificate or reservation has been revoked, repealed, superseded, or otherwise no longer of any effect or the Developer is unable to rely upon such certificate or reservation, if such a certificate or reservation is required for development of the Project on the Project Site, and the Developer cannot obtain a new or replacement certificate or reservation for the Project. (6) The City approves an amendment to the Plan, which is inconsistent with the Project being located on the Project Site. (7) Utilities are not readily available at the boundaries of the Project Site at locations satisfactory to the Developer by the Closing Date. (c) In the event of a termination pursuant to Section 12.05(b), neither the Developer nor the Agency 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 Agency, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, excluding provisions of this Agreement which specifically survive the termination of this Agreement. (d) Notwithstanding anything to the contrary contained herein, in the event that any party shall have, but shall not exercise, the right hereunder to terminate this Agreement because of the non-satisfaction of any condition specified herein, and such condition is subsequently satisfied, then the non-satisfaction of such condition shall no longer be the basis for termination of this Agreement. (e) In no event will the Agreement be terminated sooner than April 30, 2022 for any reason other than failure to pay any monies due under the Agreement. 12.06. Termination Certificate. (a) 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 Project Site is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. (b) The certificate described in subsection (a) 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. The cost of recording the termination certificate shall be paid by the terminating party. 12.07 Remedies. All remedies provided for herein and under Florida law shall be cumulative and shall survive the technical termination of this Agreement pursuant to execution, delivery and recordation of a Termination Certificate or otherwise hereunder. ARTICLE 13. UNAVOIDABLE DELAY. 13.01. Unavoidable Delay. (a) 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 (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 13.01. (b) "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, building moratoria, discovery and remediation of previously unidentified environmental contamination discovered after the Closing Date, 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 Agency shall not constitute an Unavoidable Delay with respect to performance by the Agency). (c) 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 subsection (a) 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 thirty (30) days following the occurrence of the event or condition causing the Unavoidable Delay or thirty (30) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. (d) 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 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 14. FIRE OR OTHER CASUALTY; CONDEMNATION. 14.01. Loss or Damage to Project. If economically reasonable as determined by Developer, the Developer covenants and agrees to diligently 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 or the Agency is not the condemning authority) to each and every part of the Project to substantially the same as existed prior to the occurrence of such loss or damage. Any reconstruction or repair of any loss or damage to the Project shall be to the standards, design, plans and specifications of the original construction unless any change therefrom is approved by the Agency. 14.02. Partial Loss or Damage to Project. Any loss or damage by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any portion thereof, which does not render the Project or Project Site reasonably unusable for the use contemplated by 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. 14.03. Notice of Loss or Damage to Project. The Developer shall promptly give the Agency written notice of any significant damage or destruction to the Project 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 Project, and the proposed schedule, if any, for repair or reconstruction of the Project. If the Developer determines the Project cannot be repaired or restored in an economically justifiable or other manner, then the Developer shall so notify the Agency and state reasons supporting its determination. 14.04. Subject to Financing. The Developer's obligations under this Article 14 are subject to the terms and conditions of the Construction Financing or any other mortgage financing in effect at the time any such obligations hereunder would otherwise be applicable. ARTICLE 15. MISCELLANEOUS. 15.01. Assignments. (a) (1) Prior to the earlier of the Termination Date or the Expiration Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof to any person with the prior written consent of the Agency, which shall not be unreasonably withheld, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition, except for the sale of a condominium in the ordinary course of business. (2) If the assignee of Developer's right, title, interest and obligations in and to the Project, or any part thereof, assumes all of Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the Agency agrees to execute an instrument evidencing such release, which shall be in recordable form. (b) An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer or its principals is a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution and maintains such controlling interest or equal management rights for the term of this Agreement shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 15.01, provided, however, that notice of such assignment shall be given by the Developer to the Agency no less than ten (10) 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. If the Developer shall at any time withdraw or be replaced as a general partner or no longer have the controlling interest or management rights as described in this subsection prior to issuance of a Certificate of Occupancy, then that event shall constitute an assignment of the Developer's right, title, interest or obligations under this Agreement for purposes of this Section 15.01 and the prior approval of the Agency (not to be unreasonably withheld, conditioned or delayed) shall be obtained before such an event shall be effective. (c) The Agency acknowledges and agrees that Developer will assign its rights and obligations to an entity which will apply for the Project Financing, and the Agency expressly consents to such assignment so long as the general partner or manager of such assignee is controlled by or under common control with Developer. 15.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the Agency, and its successors and assigns, and the Developer, and its successors and assigns, except as may otherwise be specifically provided herein. 15.03. Notices. (a) 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 overnight courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: To the Agency: Archway Partners, LLC Community Redevelopment Agency of the City 475 Brickell Ave. of Clearwater Apartment 2215 P.O. Box 4748 Miami, FL 33131 Clearwater, Florida 33758 Attention: Brett Green, CEO Attention: Executive Director with copies to: with a copy to: Shutts & Bowen LLP 200 S. Biscayne Blvd., Suite 4100 Miami, Florida 33131 Attention: Robert Cheng City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: City Attorney (b) Notices given by courier service or by hand delivery shall be effective upon deposit with the courier or delivery service. Notices given by overnight delivery company shall be deemed received on the first (1st) business day after deposit with the overnight delivery company. Notices given by mail shall be deemed received on the third (3rd) business day after mailing. 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 15.03. The addresses to which notices are to be sent may be changed from time to time by written notice 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. 15.04. Severability. If any term, provision or condition contained 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. 15.05. 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 Agency and the Developer, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the Developer, but by all equally. 15.06. Venue; Submission to Jurisdiction. (a) 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. (b) 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. (c) 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, agency, registered agent 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 Agency 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 Section 15.03. 15.07. Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement. The Developer and the Agency acknowledge, agree and represent that this Agreement, including, without limitation, any of the Exhibits, is not a development agreement as described in Sections 19-31, Chapter 86-191, Laws of Florida, codified as Sections 163.3220-163.3243, Florida Statutes. 15.08. Estoppel Certificates. The Developer and the Agency 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 15.08 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Project, if any, of any party made in accordance with the provisions of this Agreement. 15.09. Complete Agreement; Amendments. (a) 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, including the RFP and the Proposal. (b) Any provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. (c) This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 15.10. 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. 15.11. 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. 15.12. 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. 15.13. No Brokers. The Agency 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, or any proposed improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project Site, specifically including the conveyance of the Project Site by the Agency to the Developer. 15.14. Not an Agent. During the term of this Agreement, the Developer hereunder shall not be an agent of the City or the Agency, 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 Project, and the Agency is not an agent of the Developer (and any of its agents, assigns, or successors). 15.15. Memorandum of Development Agreement. The Agency and the Developer agree to execute, in recordable form, on the Effective Date, the short form "Memorandum of Agreement for Development and Purchase and Sale of Property," the form of which is attached hereto as Exhibit "D," 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 Agency shall pay the cost of such recording. 15.16. 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 Agency's power and authority under the Act. 15.17. No General Obligation. In no event shall any obligation, express or implied, of the Agency under this Agreement be or constitute a general obligation or indebtedness of the City or the Agency, a pledge of the ad valorem taxing power of the City or the Agency or a general obligation or indebtedness of the City or the Agency 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, the Agency or any other governmental entity or taxation in any form on any real or personal property to pay the City's or the Agency's obligations or undertakings hereunder. 15.18. Local Government Support. The Agency recognizes that certain funding requests may require the Developer to show “local government support.” This support will come in the form of a loan or grant of $75,000.00 to the Developer from the City in a manner that shall qualify for the Local Government Area of Opportunity Funding under the RFA including without limitation the timely approval of the Loan and the execution and delivery of the requisite Local Government Verification of Contribution-Loan form. 15.19. Term; Expiration; Certificate. (a) If not earlier terminated as provided in Section 12.05, the term of this Agreement shall expire and this Agreement shall no longer be of any force and effect (except for those matters which specifically survive such expiration) on the tenth anniversary of the Effective Date. (b) Upon completion of the term of this Agreement, 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; provided, however, that the automatic termination as provided in Section 12.05 shall not be effected in the event that the Agreement Expiration Certificate is not executed and recorded. (c) 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. 15.20. Effective Date. Following execution of this Agreement (and such of the Exhibits as are contemplated to be executed simultaneously with this Agreement) by the authorized officers of the Agency and by authorized representatives of the Developer following approval hereof by the Agency and the Developer this Agreement (and any executed Exhibits) shall be in full force and effect in accordance with its terms. 15.21 Cooperation of the City. The City of Clearwater, a municipal corporation, has joined in this Agreement for the sole purpose of reflecting its agreement to cooperate and support the Agency in meeting the obligation created by Section 15.18. [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ________day of _________, 2021. AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency CITY THE CITY OF CLEARWATER, a municipal corporation By: __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ______________________________ Pamela Akin Rosemarie Call City Attorney City Clerk DEVELOPER ARCHWAY PARTNERS, LLC a Florida limited liability company By: Brett Green, President STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 2021, by ______________________________, as of Archway Partners, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public EXHIBIT A [Project Site Description and Map] EXHIBIT B [Proposed Site Plan] EXHIBIT C Prepared by and upon Recording Return to: Tax Parcel ID: _______________ SPECIAL WARRANTY DEED COMMUNITY REDEVELOPMENT AGENCY, also known as THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate of the State of Florida created pursuant to Part III, Ch. 163 Fla. Stat., whose address is .O. Box 4748, Clearwater, Florida 33758, hereinafter called the GRANTOR, for and in consideration of Ten and 00/100 Dollars ($10.00), and other valuable consideration the receipt of which is hereby acknowledged, does bargain, sell, convey and grant unto ARCHWAY PARTNERS, LLC, a Florida limited liability company, whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131 hereinafter called The GRANTEE, the federal tax identification number of which is: ________________, its successors and assigns forever, the real property, situate, lying and being in Pinellas County, Florida, more particularly described in EXHIBIT “A” attached hereto. Subject to taxes for current year and to those matters listed in EXHIBIT “B” attached hereto, without reimposing same. TO HAVE AND TO HOLD unto the said GRANTEE, its successors and assigns forever, and said GRANTOR warrants and shall defend the title against the lawful claims of all persons claiming by, through, or under it, but against none other. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Chairman this ________ day of _____________, 2021. [SIGNATURE PAGE FOLLOWS] C-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman WITNESSES (as to all signatures): _____________________________ Printed Name: _______________ _____________________________ Printed Name: _______________ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing SPECIAL WARRANTY DEED was acknowledged before me this ______ day of ______________, 20__, by __________________, as Chairman, and __________________, as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: C-2 EXHIBIT D MEMORANDUM OF AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY This Memorandum of Agreement for Development and Purchase and Sale of Property ("Memorandum") is made this ___ day of _______________, 2021, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and ARCHWAY PARTNERS, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Memorandum pertains to an Agreement for Development and Purchase and Sale of Property, by and between the Agency and the Developer, dated as of ______________________, 2021, (the "Development Agreement"), which provides, among other things, for the sale of property within a project site as described in Exhibit "A" attached hereto and made a part hereof for the development and construction of the Project, as same is defined in the Development Agreement. If not earlier terminated as provided for in the Development Agreement, the Development Agreement shall expire and shall no longer be of any force and effect (except for those matters which specifically survive such expiration) on the tenth anniversary of the Effective Date (as defined in the Development Agreement). The Development Agreement is incorporated herein and made a part hereof by reference as fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby ratify, approve and confirm the Development Agreement as a matter of public notice and record. Nothing herein shall in any way affect or modify the Development Agreement, nor shall the provisions of this Memorandum be used to interpret the Development Agreement. In the event of conflict between the terms of this document and those contained in the Development Agreement, the terms in the Development Agreement shall control. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at City Offices, 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the _______ day of _____________, 2021. [SIGNATURE PAGE FOLLOWS] D-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ______________, 2021, by _________________, as Chairman, and ____________________, as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20121, by ______________________________, as of ARCHWAY PARTNERS, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public D-2 EXHIBIT E AGREEMENT EXPIRATION CERTIFICATE This Agreement Expiration Certificate ("Certificate") is made this ___ day of _______________, ____, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and Archway Partners, LLC, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Certificate pertains to an Agreement for Development and Purchase and Sale of Property, by and between the Agency and the Developer, dated as of ______________________, 2021, (the "Development Agreement"), which provides, among other things, for the sale of property within a project site as described in Exhibit "A" attached hereto and made a part hereof for the development and construction of the Project, as same is defined in the Development Agreement. The Development Agreement has expired in accordance with its own terms as of , 20 , and is no longer of any force or effect, and the Project site is no longer subject to any restriction, limitation, or encumbrance imposed by the Development Agreement. This Certificate has been executed by the parties to the Development Agreement as provided in Section 15.19 thereof and constitutes a conclusive determination of satisfactory completion of all obligations under such Agreement and that the Development Agreement has expired, except for those matters which survive as noted above. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at City Offices, 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ___ day of ____________, ____. [SIGNATURE PAGE FOLLOWS] E-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ______________, _____, by __________________, as Chairman, and , as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, _____, by ______________________________, as of Archway Partners, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public E-2 EXHIBIT F SURVEY REQUIREMENTS The Survey shall comply with the following requirements which may be in addition to the requirements of Florida Administrative Code, Rule No. 21HH-6. 1. Field Note Description. The Survey shall contain a certified metes and bounds description and shall comply with the following requirements: (i) The beginning point, which should be established by a monument located at the beginning point, or by reference to a nearby monument, shall be shown. (ii) The boundary of the Property shall be described by giving the distances and bearings of each. (iii) The distances, bearings, and angles shall be taken from a recent instrument survey, or recently recertified instrument survey, by a licensed Professional Engineer or Registered Surveyor. (iv) Curved sides shall be described by data including length of arc, central angle, radius of circle for the arc and chord distance, and bearing. (v) The legal description shall be a single perimeter description of the entire Property. (vi) The description shall include a reference to all streets, alleys, and other rights-of-way that abut the Property surveyed, and the width of all rights- of-way mentioned shall be given the first time these rights-of-way are referred to. (vii) If the Property surveyed has been recorded on a map or plat as part of an abstract or subdivision, reference to such recording data shall be made. 2. Lot and Block Description. If the Property is included within a properly established, recorded subdivision or addition, then a lot and block description will be an acceptable substitute for a metes and bounds description, provided that the lot and block description shall completely and properly identify the name or designation of the recorded subdivision or addition and give the recording information therefor. 3. Map or Plat. The Survey shall also contain a certified map or plat showing and identifying the following: (i) All of the distances, bearings, angles and curves used in the legal description. (ii) The relation of the point of beginning of said plot to the monument from which it is fixed. (iii) Any discrepancies between the map or plat and the description. (iv) All easements showing recording information therefor by volume and page. F-1 (v) The established building line, if any. (vi) All easements appurtenant to the Property. (vii) The boundary line of the street or streets abutting the Property, the width of said streets, and whether each street is dedicated or private. (viii) Ingress and egress to the Property by the name of street(s) or road(s) upon which the Property fronts, the same being a paved and dedicated public right-of-way; and the name of the governmental entity which maintains the same. (ix) Encroachments and the extent thereof in terms of distance upon the Property or any easement appurtenant thereto. 4. Improvements. The Survey shall also show all structures and improvements on the Property with horizontal lengths of all sides, and the distance from such structures and improvements to (a) all boundary lines of the Property, (b) easements, (c) established building lines, and (d) street lines. 5. Certification. The certification for the Property description and the map or plat should be addressed to Buyer, any lender involved in the transaction contemplated hereby, and to the interested title company, if required by the title company, signed by the surveyor, bearing current date, registration number, and sealed and returned to Buyer in order that it be received along with the seven (7) copies of the survey no later than twenty (20) days prior to Closing. The Survey shall contain the following certificate: F-2 1 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 SURVEYOR'S CERTIFICATE This survey is made for the benefit of ___________________________________ __________________________ and _________________________________. I hereby certify that this survey: (1) was made on the ground as per the field notes shown hereon, and correctly shows the boundary lines and dimensions, area of the Property indicated hereon and each individual parcel indicated hereon; (2) delineates all lot lines, shows the location and dimension of all buildings, structures, improvements, parking areas, and any other matters on the Property; (3) correctly shows the location and dimensions of all alleys, streets, roads, rights-of-way, easements, and other matters of record, or which are visible, of which the undersigned has been advised or as indicated in that certain Title Insurance Commitment issued by ______________________________________________________ as Commitment No. ______________, affecting the Property according to the legal description in such easements and other matters (with instrument, book, and page number indicated); and except as shown, there are no easements, rights-of-way, party walls, or conflicts, and there are no encroachments on adjoining premises, streets, or alleys by any of said buildings, structures, or other improvements, and there are no encroachments on the Property by buildings, structures, or other improvements situated on adjoining premises; and the distance of the nearest intersecting street and road is as shown hereon; (4) shows the means of access and location of all adjoining streets; and that ingress and egress to the Property is provided by [name(s) of street(s) or road(s)] upon which the Property fronts, the same being a paved and dedicated public right-of-way maintained by [governmental authority maintaining right-of-way]; (5) shows the zoning and land use designations of the Property; (6) shows the flood zone designation of the Property, and the community name and parcel number where the information was obtained; (7) shows the location of the coastal construction control line and seasonal high-water line, as defined in Florida Statutes §161.053 (1985), if applicable; and (8) shows the location of any wetlands by which the Department of Environmental Regulation of the State of Florida and/or the Army Corps of Engineers has or may exercise jurisdiction pursuant to the Warren S. Henderson Wetlands Protection Act of 1984, the Federal Water Pollution Control Act Amendments of 1972 and the Clean Water Act. F-3 MIADOCS 22673161 45 I do further certify that: (1) the Property does not serve any adjoining property for drainage, ingress, and egress, or any other purpose; (2) the street address of the Property is: ___________________ _________________________________________; and (3) the Property and all improvements located thereon comply with all dimensional and other requirements of the applicable zoning district; and the use upon the Property is permitted by the zoning and land use designations; (4) the total square-foot area, or acreage to the nearest one one-thousandth (1/1000) of an acre, of the Property is: _________________________________________; and (5) that the survey represented hereon meets the requirements of the Florida Statutes §472.027 and the minimum requirements under Florida Administrative Code, Rule No. 21HH-6. _______________________________ By:____________________________ Registration No. ______________ (Affix Seal) F-4 MIADOCS 22673161 45 EXHIBIT G COMPLETION CERTIFICATE This Completion Certificate ("Certificate") is made this ___ day of _______________, ____, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and Archway Partners, LLC, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Certificate pertains to an Agreement for Development and Purchase and Sale of Property (“____________ Project”), by and between the Agency and the Developer, dated as of ___________________ _____, 2021 (the "Development Agreement"), which provides, among other things, for the development and construction of the ____________ Project, within a project site as described in Exhibit "A" attached hereto and made a part hereof, as same are defined in the Development Agreement. As provided in Article 7 of the Development Agreement, the construction and installation of the ______________ Project has been completed substantially in accordance with the requirements of the Development Agreement and such improvements are substantially complete. The parties hereto acknowledge and agree that such Project has been so completed and have executed this Certificate as conclusive determination of such completion and satisfaction of the Developer's obligation under the Development Agreement to construct and install such Project. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. A copy of the _______________ Project Plans and Specifications is on file with the City Engineer, City of Clearwater, Florida, located at Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ___ day of ____________, ____. [SIGNATURE PAGE FOLLOWS] G-1 MIADOCS 22673161 45 AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Amanda Thompson Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, _____, by ______________________________, as of Archway Partners, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public G-2 MIADOCS 22673161 45 EXHIBIT H DEVELOPER’S PROPOSAL Summary report: Litera® Change-Pro for Word 10.8.2.11 Document comparison done on 8/3/2021 4:26:28 PM Style name: SHUTTS Intelligent Table Comparison: Active Original DMS: iw://SB-MIA-DMS-9/MIADOCS/22673161/4 Modified DMS: iw://SB-MIA-DMS-9/MIADOCS/22673161/5 Changes: Add 37 Delete 44 Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 81 [MU21-9311-061/283877/1] FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY THIS FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY (this “Amendment”) is made and entered into as of this ___ day of February, 2022, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (the “Agency”), and ARCHWAY CLEARWATER GARDENS, LLC, a Florida limited liability company (the “Developer”, together with the Agency, the “Parties”). W I T N E S S E T H: WHEREAS, the Agency and Archway Partners, LLC entered into that certain Agreement for Development and Purchase and Sale of Property dated August 23, 2021 as assigned to the Developer (the “Contract”); and WHEREAS, the Developer was unsuccessful in obtaining an allocation of affordable housing tax credits or other components of the Project Financing in RFA 2021-205 or RFA 2021- 202 issued by the Florida Housing Finance Corporation (collectively, “the RFAs”); and WHEREAS, Section 4.05(h) of the Contract provides that if the Developer was unsuccessful in obtaining an allocation of affordable housing tax credits or other components of the Project Financing in the RFAs then the Developer shall have the right to request from the Agency an extension of all relevant dates under the Contract by one year; and WHEREAS, Section 4.05(h) of the Contract also provides that any approval or denial of such an extension shall be at the sole discretion of the Agency’s trustees; and WHEREAS, the Agency and the Developer desire to enter into this Amendment to address certain terms in the Contract. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the parties, the Agency and the Developer do hereby covenant and agree as follows: 1. The Agency and the Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. [MU21-9311-061/283877/1] 3. Section 3.03(a) is hereby amended to provide that the Developer shall submit to the Executive Director of the Agency floor plans, site plans and building façade plans by July 31, 2022. 4. Section 4.05(b) is hereby amended to provide that the Developer shall obtain all necessary building permits by July 31, 2023. 5. Section 4.05(c) is hereby amended to provide that the Developer shall Commence Construction of the Project by August 31, 2023. 6. Section 4.05(d) is hereby amended to provide that the Developer shall have completed 50% of Construction by April 30, 2024. 7. Section 4.05(e) is hereby amended to provide that the Developer shall have completed 100% of Construction by December 1, 2024. 8. Section 4.05(f) is hereby amended to provide that the Developer shall begin pre- leasing the dwelling units by October 1, 2024. 9. Section 4.05(g) is hereby amended to provide that the Developer shall complete leasing the dwelling units by March 1, 2025. 10. Section 6.10 is hereby amended to provide that the Closing Date shall occur on or before the date which is 60 days after issuance of all Building Permits but no later than August 31, 2023. 11. Section 7.02(a) is hereby amended to provide that the Developer shall Commence Construction of the Project by August 31, 2023. 12. Section 7.02(b) is hereby amended to provide that the Developer shall Commence Vertical Construction of the Project by December 1, 2023. 13. Except as amended and modified hereby, the terms and conditions of the Contract are and shall remain in full force and effect. The Contract, as modified by this Amendment, is affirmed, confirmed and ratified in all respects. 14. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. [Remainder of page left intentionally blank] [MU21-9311-061/283877/1] [MU21-9311-061/283877/1] IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first set forth above: AGENCY: Community Redevelopment Agency of the City of Clearwater, Florida ___________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call CRA Attorney City Clerk [MU21-9311-061/283877/1] DEVELOPER: Archway Clearwater Gardens, LLC, a Florida limited liability company By: Archway Partners, LLC, its manager By: _______________________ Brett Green, President STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 2022, by ______________________________, as of Archway Partners, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0091 Agenda Date: 2/14/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.7 SUBJECT/RECOMMENDATION: Discuss a proposed agreement for the sale and development of the property located at 306 South Washington to SP Clearwater WFH, LLC and the Clearwater Housing Authority for the purposes identified in Request for Proposals and Qualifications (RFP/Q) 53-20 and authorize the appropriate officials to execute same. SUMMARY: The purpose of this item is to request approval of a development agreement between the Community Redevelopment Agency (CRA), the Clearwater Housing Authority (CHA) and SP Clearwater WFH, LLC (Developer) to redevelop the CRA-owned property at 306 South Washington Avenue for the purposes identified in RFP/Q 53-20. Background The Community Redevelopment Agency issued RFP/Q 53-20 for the redevelopment of its site at 306 South Washington on August 17, 2020. The request called for a mixed-use or apartment development with a focus on workforce and market rate housing, the opportunity for shared parking to serve surrounding restaurant/retail businesses and ample outdoor amenity space. There is currently a lack of supply of rental housing for employees in the technology industry downtown, at Morton Plant Hospital and on Clearwater Beach who earn 80% or higher of the area median income (AMI). Building shared parking on the South Washington site is key to supporting commercial uses on the ground floors of APEX 1100, The Nolen apartment buildings and the planned brewery at 115 S. Martin Luther King, Jr. to the north of the subject property. The CRA received responses from the Housing Trust Group, LLC and SP Clearwater WFH LLC. On October 12, 2020, the CRA Trustees selected SP Clearwater WFH, LLC as the winning bidder and authorized the CRA Director to prepare a development agreement. Proposed Project The project is a 171-unit mixed income apartment development, with a minimum 260-space parking garage with tenant amenities including a pool, dog walking area, two playgrounds, exercise room and community room. There is a mixture of 1-bedroom (725 sq. ft.) units and 2-bedroom (925 sq. ft.) units. There will be 18 affordable units at 80% of AMI, 49 units at 100% of AMI and 104 affordable units at 120% of AMI. The building will include high efficiency HVAC, Energy Star rated windows, low flow toilets and sound deadening construction. The parking area will include a dedicated Uber/Lyft area to support car sharing services as well as ample bicycle parking. There will be 40 public parking spaces operated by the apartment management company that will be available to the public for a minimal charge. The overall project cost is approximately $38,436,995. Current Status From November 2020 to April 2021, the developer obtained approval for grant funding from Pinellas County, filed with the City for site plan approval and for six additional units from the public amenities pool, confirmed construction cost estimates and completed environmental site Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0091 analysis. Two issues emerged that increased construction and operating costs - an environmental issue and a property tax issue. The Montrose Phase I Environmental Report prepared for the Developer acknowledges that the 2009 City Phase I environmental report’s conclusion that the project site is “clean” relies on a Site Rehabilitation Completion Order (“SRCO”) dated July 1, 2009, by the Florida Department of Environmental Protection (“FDEP”) after testing of the soils and the groundwater showing no contaminates exceeded the allowed thresholds. This determination was found to be still in place because there has been no activity on or near the site that would have introduce contaminants to the site since the report was issued. However, the ECS Geotech Reports 1 and 2 completed in March 2021 found (1) a buried concrete vault that needs to be dug out and replaced with controlled fill, (2) buried peat that is unbuildable and requires being dug out and replaced by controlled fill and (3) the top 2 feet of soil covering the site has small bodies of non-soil debris including slag throughout the site that could not be used for building. All unusable dirt will need to be hauled off the site and replaced with structurally sound dirt. The CRA has allocated up to $300,000 in additional grant funds to remove the concrete vault, the buried peat and bring in controlled fill to make the site buildable. Typically, affordable housing projects pay local property taxes on only 50% of the taxable value. This is a benefit under Florida law to support affordable housing. This project is a mixture of affordable and workforce housing units that will be subject to income restrictions and the land will be owned by the Pinellas County Land Bank. Although this is a permanently affordable project, it is not recognized as such under current Florida law. Because most of the units exceed 60% AMI, it will be taxed as a market rate, for profit project at 100% of the taxable value. Based on the land restrictions requiring permanent affordability, the developer assumed the state discount and estimated a tax payment of $1,200 per unit or $205,200 annually in City/County taxes as part of their project proposal and grant requests. After meeting with the property appraiser in March 2021, the CRA and developer learned the actual tax payment per unit would be $2,388 per unit or $408,348 annually. Under current and projected rental rates, the project will not generate enough income to pay the full project amount of City and County property taxes. To address the property tax increase, staff recommends the CRA partner with the Clearwater Housing Authority (CHA) to manage and own the project. The CHA is a tax-exempt entity. However, the CRA has negotiated a revenue sharing agreement to provide up to $200 per unit to the City/CRA and $200 to the County. The terms of the revenue sharing are outlined in a separate Interlocal agreement. The developer, Southport LLC, will still design and build the project as originally proposed. Proposed Development Terms The proposed development agreement is conditioned on the construction of plans substantially similar to those submitted with the original application and the following CRA incentives: - The sale of the site to the Pinellas County Land Trust for $3,420,000 and reinvestment of those funds back into the project - The provision of an $800,000 grant towards the project in exchange for public parking and up to $300,000 for site remediation - Support an application before the Community Development Board to receive 6 housing units from the density pool - Assignment of the project to the Clearwater Housing Authority (Term Added January 2022) The applicant is requesting the following funding from the City (which is a separate action from the CRA development agreement): - $880,000 HOME loan Sale of the property, or closing, is anticipated to occur in late 2022. The proposed agreement Page 2 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0091 requires the following conditions to be met prior to closing: Approval for the $880,000 HOME loan from the City Final zoning entitlements for the additional 6 units from the density pool Closing dates and final approvals established for transfer of ownership to the Pinellas County Land Trust Project Justification The proposed project meets the goals outlined in RFP/Q 53-20 derived from the Principles, Goals and Objectives of the 2018 Clearwater Downtown Redevelopment Plan to support redevelopment projects that are pedestrian friendly, incorporate quality urban design and provide a variety of land uses in downtown, including: Policy 12: The City shall make use of Community Development Block Grant, HOME Investment Partnership Program, State Housing Initiatives Partnership program, and other federal, state, and county funds for Downtown infrastructure and increasing affordable housing options. Policy 18: The design of all projects in Downtown shall incorporate pedestrian-scale elements that create and maintain an inviting pedestrian environment. Objective 1F: Allow for a variety of residential densities and housing types to provide for a range of affordability and mix of incomes consistent with the Character Districts. Objective 1G: Continue to utilize a variety of incentives to encourage the construction of new residential uses to location Downtown. Objective 2M: Create parking as infrastructure through a park once strategy that utilizes consolidated parking to serve all of Downtown and reduces the requirement for use-by-use on-site parking. This is a catalyst project for this area that would provide new residents to downtown and parking to support nearby businesses on Cleveland Street. There are three aspects to this proposal that provide long term housing affordability. First, the CRA will sell the land to the Pinellas County Land Trust who will own the underlying land in perpetuity. The land trust will then provide a 99-year lease to the Clearwater Housing Authority. Second, the rental rates are set by the AMI established by Pinellas County and cannot increase more than 1.02% per year. Typically, market rate rental amounts increase more than 1% per year. Third, all revenues generated by the Clearwater Housing Authority must be used aligned with their mission to provide affordable and workforce housing. This project will be a long-term source of revenue for affordable housing in Clearwater. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA Project Code 3887552 - R2009 Housing - City. Page 3 City of Clearwater Printed on 2/6/2022 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS and QUALIFICATIONS #53-20 Development of the South Washington Ave Site August 17, 2020 NOTICE IS HEREBY GIVEN that sealed proposals and qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 15, 2020 for the Development of the South Washington Avenue Site. Brief Description: The purpose of this Request for Proposals and Qualifications (RFP/Q) is to select a qualified Development Team (Developer) with proven experience, financial resources, and professional expertise to develop a prime 3.48+/- acre site located on South Washington Avenue in Downtown Clearwater’s Prospect Lake Character District. The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals and qualifications for an apartment or mixed-use urban infill development with a predominant residential component for the Site. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Development of S Washington Ave Site 2 RFP/Q #53-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 15, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Development of S Washington Ave Site 3 RFP/Q #53-20 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 PROPOSAL SUBMITTAL: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Companies may mail or hand-deliver proposals to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended INSTRUCTIONS Development of S Washington Ave Site 4 RFP/Q #53-20 price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. INSTRUCTIONS Development of S Washington Ave Site 5 RFP/Q #53-20 The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Development of S Washington Ave Site 6 RFP/Q #53-20 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP/Q, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (Proposal Format, page 22-23) Points Developer Experience and Qualifications (Tab 2) 30 Legal and Financial Feasibility - Developer and Project (Tab 3) 30 Ability of Project to Meet Redevelopment Objectives (Tab 4) 30 Proposed Timeline for Construction (Tab 5) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The proposer must provide a formal presentation/interview virtual upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Development of S Washington Ave Site 7 RFP/Q #53-20 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP/Q TIMELINE. Dates are tentative and subject to change. Release RFP/Q: August 17, 2020 Advertise Tampa Bay Times: August 19, 2020 Responses due: September 15, 2020 Review proposals: September 15-17, 2020 Presentations (if requested): September 18, 2020 Award recommendation: September, 2020 CRA Trustees approval: October 12, 2020 Contract begins: Based on CRA Trustee Authorization TERMS AND CONDITIONS Development of S Washington Ave Site 8 RFP/Q #53-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Development of S Washington Ave Site 9 RFP/Q #53-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Development of S Washington Ave Site 10 RFP/Q #53-20 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP/Q, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP/Q are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP/Q and provides notice of its intent to reissue the RFP/Q, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP/Q or until the City withdraws the reissued RFP/Q. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP/Q and provides notice of its intent to reissue the RFP/Q, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP/Q or until the City withdraws the reissued RFP/Q. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Development of S Washington Ave Site 11 RFP/Q #53-20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Development of S Washington Ave Site 12 RFP/Q #53-20 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Development of S Washington Ave Site 13 RFP/Q #53-20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Development of S Washington Ave Site 14 RFP/Q #53-20 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS Development of S Washington Ave Site 15 RFP/Q #53-20 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS Development of S Washington Ave Site 16 RFP/Q #53-20 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Development of S Washington Ave Site 17 RFP/Q #53-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PURPOSE. The purpose of this Request for Proposals/Qualifications (RFP/Q) is to select a qualified Development Team (Developer) to develop a prime 3.48+/- acre site located on the S. Washington Avenue Site in Downtown Clearwater’s Prospect Lake Character District. The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals and qualifications for an apartment or mixed-use urban infill development with a predominant residential component for the Site. The CRA redevelopment strategy for Downtown Clearwater emphasizes the creation of a significant residential concentration in and around the Downtown Core to create the support for a day-into-evening retail, office, recreational, and entertainment environment. There is a desire to provide market rate and workforce rental units to meet the unmet housing demand for high tech office employees in the Downtown Core, employees in the medical field at Morton Plant Hospital and the hospitality industry on Clearwater Beach. The CRA envisions this parcel as a major opportunity to facilitate this strategy. 3. SITE BACKGROUND, LOCATION, and OWNERSHIP. Clearwater is situated on the west coast of Central Florida in the Tampa Bay area and is the county seat for Pinellas County Government. The Site is conveniently located near the City’s Downtown Core and minutes away from the world-renowned Clearwater Beach. Site pictures provided in Exhibit A – Photos. The City targeted this prime development site, a former Clearwater Salvage Yard, for redevelopment in October 2003. The Site was acquired through a property exchange between the City of Clearwater and Clearwater Mall LLC. The CRA acquired a loan and purchased one (1) adjacent property, 306 S Washington Avenue, to consolidate the block as a potential redevelopment site. The goal was to create momentum for residential development in the downtown. The City completed the environmental remediation of the site in 2009. Phase I and Phase II were conducted and completed in 2003 and 2004. Phase III was conducted in 2005 and contamination was found as a result from discharges that consisted of volatile organic compounds, total recoverable petroleum hydrocarbons, and metals in the soils. No groundwater contamination was encountered during site assessment activities. In September 2005, a Brownfields Site Rehabilitation Agreement was executed by the Florida Department of Environmental Protection (FDEP) and the Clearwater City Council to address the contamination. Demolition was conducted in March 2006 and buildings on the Site were removed and further environmental testing was conducted. In July 2009, the FDEP delivered a Site Rehabilitation Completion Order (SRCO) which stated the site had been cleared of contaminants completing the site rehabilitation requirements. The SRCO was issued 11 years ago and the City has no records of any petitions for an Administrative Hearing, nor a record of any party seeking judicial review. The Site is now ready for development. There have been several developments in this character district: • The construction of Fire Station 45 on Court Street DETAILED SPECIFICATIONS Development of S Washington Ave Site 18 RFP/Q #53-20 • The construction of the Marriott Residence Inn on Court Street • The construction of the Tampa Bay Times office building on Cleveland Street • The construction of the regional drainage facility and passive park, Prospect Lake Park • The completion of The Nolen – a mixed use development with 257 apartment units, 24,000sf of commercial space and 300 parking spaces. The Nolen was acquired by NM Residential in July 2018 for $44.5 million and is over 90% leased. • The renovation of 1100 APEX – a mixed use development with 134 apartment units, 4,348sf of commercial space and 202 parking spaces that opened for occupancy in March 2020. • The CRA acquired a 60+ space surface parking lot at the intersection of Cleveland Street and S Martin Luther King, Jr Avenue to provide parking for retail customers visiting nearby businesses. • The completion of The Madison, an 80-unit age and income restricted development, completed in Fall 2019 at 400 S Martin Luther King, Jr Avenue. In the next 12 months the City and the CRA will undertake the following activities that will benefit the Site: • Continue construction of restaurants on the first floor of The Nolen and APEX 1100 as a part of the CRA’s Food and Drink grant program. • Begin redevelopment of the warehouse located at 115 S. Martin Luther King Jr. Avenue into a dining, retail and recreational establishment. • Begin construction on Imagine Clearwater in Coachman Park – a $55 million-dollar transformation of the Downtown Clearwater waterfront into additional greenspace, marina facilities, playgrounds and entertainment venues. Visit www.imagineclearwater.com for details. Through this RFP/Q, the CRA is seeking to redevelop the entire 3.48+/- acres. The CRA is conducting its diligence and anticipates closing in Fall/Winter 2020. 4. PROJECT SCOPE AND OBJECTIVES. The subject property is located in the Prospect Lake Character District (District) of Downtown Clearwater. The Site has frontage on S. Martin Luther King Jr. Avenue, Gould Street, and S. Washington Avenue. The Downtown Redevelopment Plan (Plan) envisions this District as a residential area with ancillary commercial uses, with more intensive commercial and office development directed to the major streets. The CRA’s redevelopment strategy for Downtown Clearwater emphasizes the creation of a significant residential concentration in and around the Downtown Core to create the support for a day-into-evening retail, office, recreational, and entertainment environment. There is a desire to provide market rate and workforce rental units to meet the unmet housing demand for high tech office employees in the Downtown Core, employees in the medical field at Morton Plant Hospital and the hospitality industry on Clearwater Beach. The CRA envisions the Site as a major opportunity to facilitate this strategy and would like to see construction begin within the next 12 months. The City adopted a new zoning code in 2018. The Site is zoned (D) Downtown. The City has a Flexible Development Code to encourage design, mixed-use and massing creativity on infill projects. The Downtown Plan allows residential density up to 50 dwelling units per acre and a Floor Area Ratio (FAR) of 1.5 for commercial development. The Downtown Redevelopment Plan currently allows heights up to 75 feet. Through the Public Amenities Incentive Pool, a development proposal may attain additional density and/or FAR based on certain amenities provided by the developer, including but not limited to, significant public space, streetscape improvements, on-site public art, the inclusion of affordable DETAILED SPECIFICATIONS Development of S Washington Ave Site 19 RFP/Q #53-20 housing within the development, and mixed-use projects that further the Plan’s major redevelopment goals and character district vision. The amount of development potential made available to the Site project will be based on the type and scale of amenity provided and not a specific formula. The allocation of additional density/intensity is made in conjunction with a site plan application reviewed and approved by the Clearwater Community Development Board at a public hearing. Any proposed project must comply with the Downtown Design Guidelines, which require quality architectural and site design, an urban development pattern and the use of quality materials that enhance the quality of the Downtown Clearwater built environment. Development proposals should reflect the growth in this character district as a walkable, urban environment. The Site has frontage on three (3) streets and the proposal should identify the primary entrance, but still pay careful attention to the relationship between the building and the street on all sides. No specific architectural style is required, however high-quality building materials and access to outdoor amenity space (balconies, rooftop terrace etc.) is highly desired. The CRA prefers structured parking that will be available to the public as part of this project to support retail uses on the adjacent properties. 5. SITE PURCHASE PRICE. Price is to be negotiated, based upon the overall development proposal and the ability of the proposal to fulfill the goals of the 2018 Clearwater Downtown Redevelopment Plan. CRA prefers a purchase of the Site, however, will consider a land lease. Per Florida State Statute 163.380, CRA will consider fair value in its disposition of the Site. The CRA is willing to re-invest the sale proceeds from the land into the proposed project to support CRA goals of public parking, quality architecture and workforce housing. 6. DEVELOPMENT NEGOTIATIONS and INCENTIVES. The selected Developer shall enter into a binding Development Agreement with the CRA, which shall outline the contract start date, bonding and/or insurance requirements, purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and city, any incentives agreed upon, and the terms and conditions. Due to the importance of this particular downtown infill development Site, it is the intention of the CRA to consider certain development “incentives” to assist in making the project feasible which might include, but not be limited to, the payment of certain impact fees, workforce housing incentives, the cost of construction for parking etc. If the Developer wishes to request incentives, they must outline their request as part of the proposal. Stormwater Retention Buy-in District In cooperation with the Southwest Florida Water Management District (SWFWMD), the Site falls within the boundary of the Prospect Lake District contributing area and is eligible to develop, by permitting, into the buy-in district to obtain storm water facilities on-site. The property does not require storm water facilities on-site as long as the Developer pays into the Prospect Lake District. Any upgrades needed on existing City utilities; potable, sanitary sewer, etc. will be the responsibility of the Developer. Traffic concerns will be dependent on what the Developer wants to place on the Site. Clearwater Gas System Incentive Natural gas is available at this Site and certain incentives may apply, administered by Clearwater Gas System. DETAILED SPECIFICATIONS Development of S Washington Ave Site 20 RFP/Q #53-20 7. QUALIFICATIONS and SELECTION PROCESS. A review team will evaluate all submissions according to the evaluation criteria delineated below and identify Developers that will be invited to submit more detailed proposals, make oral presentations, or both. The review team will rely upon the response to this RFP/Q in selection of finalists and the preferred Developer. Therefore, respondents should emphasize information particularly pertinent to the project and the evaluation criteria and submit all information they wish the screening committee to consider. The review team, made up of representatives from the CRA, Economic Development & Housing, Planning & Development, Engineering, and Finance Departments, will recommend a Preferred Developer to the CRA, who will make the final selection. The recommended Preferred Developer may be required to make a formal presentation to the CRA, if requested, as part of the selection process. The CRA will then enter into exclusive negotiations with the Preferred Developer for a Development Agreement, Purchase Agreement and any other appropriate CRA transactions. The selected Developer will be solely responsible for project design, development application submission and approval, securing required permits, construction of the project and ongoing project maintenance and operation. 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Employer’s Liability coverage of $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limit for disease, and which meets all state and federal laws. Coverage must be applicable to employees, agents, representatives, and subcontractors, if any. e. Property Insurance coverage if the Developer is using its own property or the property of the City in connection with the performance of its obligations under this Agreement, then Property Insurance DETAILED SPECIFICATIONS Development of S Washington Ave Site 21 RFP/Q #53-20 on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. f. Builder’s Risk covering all risks of loss in the complete and full value of the project with no coinsurance penalty provisions. This insurance shall insure the interests of the City, the Developer, and all subcontractors, if any, in the work and shall insure against special form causes of loss (all risk perils), including collapse during construction, for replacement cost (including fees and charges of engineers, architects, attorneys and other professionals). The Developer shall obtain and maintain similar property insurance on equipment, materials, supplies and other property and portions of the work stored on or off site or in transit. Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the facilities are completed and accepted by the City and written notice of the fact has been issued by the City. g. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP/Q #53-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. RESPONSE ELEMENTS Development of S Washington Ave Site 22 RFP/Q #53-20 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, four (4) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP/Q. Table of Contents: Identify contents by tab and page number TAB 1 – Narrative and Vision Statement – Letter of Transmittal. A letter of transmittal should be submitted that iterates the respondents’ vision for the project and site, including how the envisioned project will relate to the surrounding area and its benefits to the CRA. TAB 2 – Developer Experience and Qualifications. Provide the following information: 1. Developer information a. Legal name and principal office address b. Telephone number and e-mail address(es) c. Name of agent representing firm and able to negotiate with the CRA 2. Project team a. Names and qualifications of all team members, legal counsel, architect, financial institution, contractor (if known) b. A statement of the relationship between the developer and any parent company or subsidiaries that might be involved in the development 3. Experience/Qualifications a. List of prior development experience including a short summary of relevant project(s), to include a listing of total projects/units developed within the last five (5) years TAB 3 – Legal and Financial Feasibility - Developer and Project. Provide the following financial information: 1. Financial institution reference contact(s)’ names and contact information 2. Preliminary financial plan to include: a. Construction Budget detailing total project cost and proposed source(s) of funding b. Demonstration of developer’s financial capacity to develop the Site 3. A brief description of the various land uses being proposed, including price points of proposed lease rates for residential and/or retail/office 4. Any incentives desired to improve project feasibility TAB 4 – Development Concept – Ability to Meet Redevelopment Objectives. Present in both narrative and visual form the extent of the development proposal for the Site. Drawings may be “conceptual” in format but should be detailed enough to reflect the scope of the proposed development. Narrative elements to be addressed include: a. Height b. Scale c. Density and Intensity d. Any request for units/sq. ft. from the Public Amenities Pool e. Square footage of specific land uses f. Proposed architectural style and material types g. Site and building orientation RESPONSE ELEMENTS Development of S Washington Ave Site 23 RFP/Q #53-20 h. Access points and curb cuts i. Breakdown of proposed parking spaces to be allocated for each use j. Highlight of creative and innovative design solutions TAB 5 – Proposed Timeline for Construction. Provide the proposed development schedule/calendar, to include timeline for: a. Design b. Review and Permitting c. Construction TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Development of S Washington Ave Site 24 RFP/Q #53-20 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Development of S Washington Ave Site 25 RFP/Q #53-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF PROPOSAL Development of S Washington Ave Site 26 RFP/Q #53-20 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Development of S Washington Ave Site 27 RFP/Q #53-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Development of S Washington Ave Site 28 RFP/Q #53-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Development of S Washington Ave Site 29 RFP/Q #53-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP/Q #53-20, Development of So. Washington Ave Site Due Date: September 15, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP/Q #53-20, Development of So. Washington Ave Site Due Date: September 15, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ RFP/Q #53-20, So. Washington Ave Site Exhibit A(1) – Photos of subject area 1 RFP/Q #53-20, So. Washington Ave Site Exhibit A(1) – Photos of subject area 2 1" / 12"1" / 12"EL. 3' - 6"EL. 3' - 0"GOULD STREETSOUTH MARTIN LUTHER KING J.R. AVENUESOUTH WASHINGTON AVENUEEL. 8' - 5 3/4"EL. 3' - 0"POOL27'198'23'22'52'29'18'24'18'64'18'26'29'AMENITIESAMENITIESMAILLOBBYBICYCLESTORAGETRASHLOADINGMECH.ELEC.EDGE OF GARAGE ABOVERIDE SHARE WAITINGSURFACE PARKINGCOVERED GARAGE PARKINGEL. 7' - 0"EL. 10' - 0"EL. 10' - 0"EL. 12' - 0"EL. 7' - 0"EL. 3' - 0"EL. 7' - 0"EL. 6' - 0"EL. 12' - 0"188'PROPERTY BUFFER8'SPLASHPAD2'PROPERTY LINEMIN. SETBACK8'MAX. SETBACK15'BUILDING FACADE RANGE 8'-15'65'47'52'34'80'213'COVERED REC AREACOVERED REC AREAENTRYCOURTYARDCOURTYARD14'19'16'1" / 12"PARKING GARAGECIRCULATIONLOBBYAMENITIES1 BEDROOM2 BEDROOMBACK OF HOUSEWASHINGTON AVENUE APARTMENTSSITE LAYOUT306 S WASHINGTON AVE. , CLEARWATER, FLORIDA1/32" = 1'-0"GROUND LEVEL11/32" = 1'-0"UPPER LEVEL2UNIT COUNT1 BEDROOMS = 572 BEDROOMS = 114TOTAL = 171PARKING COUNTGARAGE = 197SURFACE = 78TOTAL = 275N GOULD STREETSOUTH MARTIN LUTHER KING J.R. AVENUESOUTH WASHINGTON AVENUECIRCULATIONLOBBYAMENITIES1 BEDROOM2 BEDROOMBACK OF HOUSEWASHINGTON AVENUE APARTMENTSAXONS306 S WASHINGTON AVE. , CLEARWATER, FLORIDA 5' - 0" EL. 12' - 0" EL. 9' - 0" EL. 0' - 0" EL. 6' - 0" EL. 3' - 0" EL. 14' 10' 17' 14'6' - 0" EL. BEYOND WASHINGTON AVENUE APARTMENTSSITE ELEVATIONS306 S WASHINGTON AVE. , CLEARWATER, FLORIDA1/16" = 1'-0"GOULD STREET ELEVATION11/16" = 1'-0"MARTIN LUTHER KING STREET ELEVATION2 WASHINGTON AVENUE APARTMENTSPERSPECTIVE306 S WASHINGTON AVE. , CLEARWATER, FLORIDA Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0092 Agenda Date: 2/14/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.8 SUBJECT/RECOMMENDATION: Discuss an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing Authority to provide for revenue sharing and the redevelopment of 306 S Washington Avenue, and authorize the appropriate officials to execute same. SUMMARY: The purpose of this item is to discuss a pending Interlocal agreement that is a companion item to the 306 South Washington Avenue development agreement. The 306 South Washington project is a 171-unit mixed income apartment development, a minimum of 260-space parking garage with tenant amenities including a pool, dog walking area, two playgrounds, exercise room and community room. There is a mixture of 1-bedroom (725 sq. ft.) units and 2-bedroom (925 sq. ft.) units. There will be 18 affordable units at 80% of AMI, 49 units at 100% of AMI and 104 workforce units at 120% of AMI. Typically, affordable housing projects pay local property taxes on only 50% of the taxable value. This is a benefit under Florida law to support affordable housing. This project is a mixture of affordable and workforce housing units that will be subject to income restrictions and the land will be owned by the Pinellas County Land Bank. Although this is a permanently affordable project, it is not recognized as such under current Florida law. Because most of the units exceed 60% AMI, it will be taxed as a market rate, for profit project at 100% of the taxable value. Based on the land restrictions requiring permanent affordability, the developer assumed the state discount and estimated a tax payment of $1,200 per unit or $205,200 annually in city/county taxes as part of their project proposal and grant requests. After meeting with the property appraiser in March 2021, the CRA and developer learned the actual tax payment per unit would be $2,388 per unit or $408,348 annually. Under current and projected rental rates, the project will not generate enough income to pay the full project amount of city and county property taxes. This mixed income housing project is a high priority for the city, CRA and Pinellas County to meet the significant need for workforce housing and downtown redevelopment goals. Without additional financial subsidy, this project cannot move forward. Staff believes the best option is to transfer ownership to the Clearwater Housing Authority (CHA) who has the expertise to manage a mixed income property and has proposed a revenue sharing agreement. Additionally, all revenues generated by the CHA must be spent to further their mission of providing affordable housing. Mixed income projects like these provide a continuous source of revenue to construct and maintain affordable housing without relying on federal, state, or local Page 1 City of Clearwater Printed on 2/6/2022 File Number: ID#22-0092 subsidies. The proposed Interlocal agreement is a multi-party agreement including the Clearwater Community Redevelopment Agency (CRA), the City of Clearwater (City), Pinellas County (County) and the CHA. The agreement outlines each parties funding commitments to the project, the long-term ownership of the project site and public parking and the revenue sharing arrangement between the CHA and the other parties. The agreement includes the following terms: ·Acknowledges that the provision of workforce and affordable housing is an adopted policy of all entities that are party to the agreement. ·The CRA will sell the project site to the Pinellas County Land Trust for $3,460,000 and will reinvest the proceeds into the construction of the project. The Land Trust will enter a long-term lease with the Clearwater Housing Authority. ·The CHA and the Developer will construct and manage the project in accordance with the terms adopted in the development agreement with the CRA. This includes the provision of 40 spaces for public parking, no assignments unless approved by all parties and maintaining income restrictions. ·The CHA will participate in revenue sharing if there is net surplus after all loan obligations, administrative fees and maintenance costs are met. “Net Surplus Revenues of the Project” shall mean the net cash income of the Project after the payment of all operating expenses (including management fee of not in excess of 6%), funding or replenishment of operating, debt service and replacement reserves for the Project, required payment of debt service (including redemption of bonds issued for the construction of the Project). ·The CHA will pay 50% of the Net Surplus Revenues of the Project, up to but not exceeding an amount equal to $400 per unit shall be paid to the City ($100 per unit), the CRA ($100 per unit) and the County ($200 per unit); If, during the term of this Agreement, the CRA ceases to exist, the City’s portion of the annual payment shall be increased to include what would have been the CRA’s share. ·50% of the Net Surplus Revenues of the Project shall be retained by the CHA and used for any purpose consistent with Chapter 421, Florida Statutes. ·Payment will begin after the first year of stabilization of the project meaning occupancy levels of 95% for a period of six months. Payments will be made on an annual basis. There is a significant need for affordable and workforce housing in Pinellas County and in Clearwater. This project is a public/private partnership that can deliver a high quality, mixed income apartment development that will remain financially sustainable ensuring affordable housing for decades into the future. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 2/6/2022