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11/17/2022Thursday, November 17, 2022 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda November 17, 2022City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (November 16) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 November Service Awards 4.2 Citizens Academy 2022 Graduation 4.3 Lo Mejor de Tampa Bay 2022 and Prospera Awards 5. Approval of Minutes Page 2 City of Clearwater Printed on 11/15/2022 November 17, 2022City Council Meeting Agenda 5.1 Approve the minutes of the November 3, 2022 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater (Seller) and Palm Bluff Development Group, LLC (Buyer); and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.2 Approve a professional service agreement and work order with Harvard Jolly Inc., of St. Petersburg, FL, for the design of the new S. Osceola Avenue Parking Garage 22-0011-EN in the amount of $1,540,598, pursuant to Request for Qualifications (RFQ) 40-22 and authorize the appropriate officials to execute same. (consent). 7.3 Approve settlement of workers' compensation claims 19000114 and 21000021 for payment of $120,000 to Jesse Myers, inclusive of attorney fees and costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Second Amendment to Lease Agreement between Clearwater for Youth, Inc., and the City of Clearwater to provide additional office space and to provide payment for tickets to CFY events and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM Page 3 City of Clearwater Printed on 11/15/2022 November 17, 2022City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3144 Johns Parkway, and pass Ordinances 9591-22, 9592-22, and 9593-22 on first reading. (ANX2022-06009) 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1200 Norwood Avenue, and pass Ordinances 9599-22, 9600-22, and 9601-22 on first reading. (ANX2022-07010) 8.3 Approve the annexation, initial Future Land Use Map designations of Commercial General (CG) and Residential Urban (RU) and initial Zoning Atlas designations of Commercial (C) and Low Medium Density Residential (LMDR) Districts for 1718 North Betty Lane, together with the abutting right-of-way of North Betty Lane, and pass Ordinances 9602-22, 9603-22, and 9604-22 on first reading. (ANX2022-07011) 8.4 WITHDRAWN: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2081 The Mall and 1337 Union Street, and pass Ordinances 9605-22, 9606-22, and 9607-22 on first reading. (ANX2022-07012) 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3047 Terrace View Lane, and pass Ordinances 9621-22, 9622-22, and 9623-22 on first reading. (ANX2022-09013) 8.6 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Water/Drainage Feature, and Preservation (P), and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1276 South Belcher Road, and pass Ordinances 9624-22, 9625-22, and 9626-22 on first reading. (ANX2022-09014) Page 4 City of Clearwater Printed on 11/15/2022 November 17, 2022City Council Meeting Agenda 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1282 Palm Street, together with the abutting right-of-way of North Betty Lane, and pass Ordinances 9630-22, 9631-22, and 9632-22 on first reading. (ANX2022-09016) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9620-22 on second reading, amending the Code of Ordinances Chapter 2, Article V., Division 3, Employees’ Pension Plan, to implement negotiated benefits for non-hazardous employees; amending Section 2.412 to revise the definitions of normal retirement date and vesting; amending section 2.416 to provide for five year vesting; and a 2.5% multiplier for service earned on or after October 1, 2022; amending Section 2.419 to provide for five year vesting. 10. City Manager Reports 10.1 Amend Clearwater Code of Ordinances Chapter 33, Waterways, Section 33.058, Same-Areas defined, to add subsections 14-18, establishing slow speed - minimum wake zones along Stevenson Creek, and pass Ordinance 9640-22 on first reading. 11. City Attorney Reports 12. Other Council Action 12.1 Conduct City Attorney evaluation. 12.2 Conduct City Manager evaluation. 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 5 City of Clearwater Printed on 11/15/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1016 Agenda Date: 11/17/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: November Service Awards SUMMARY: 5 Years of Service: Jessica Duffey Legal Andrew Cistone Police Kevin Goldin Parks and Recreation 10 Years of Service: Emery Rumsey General Services Macie Tripple Parks and Recreation 15 Years of Service: Alonzo Cherry Library Javan Thomas Solid Waste Brian Dort General Services 20 Years of Service: Earl Gloster Solid Waste/General Services Jayme Weaver Public Utilities Charles McAbee Public Utilities Jason Gray Public Utilities Randy Pothier Public Works 25 Years of Service: Sandra Lear Information Technology 30 Years of Service: Page 1 City of Clearwater Printed on 11/15/2022 File Number: ID#22-1016 David Lane Library Page 2 City of Clearwater Printed on 11/15/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1117 Agenda Date: 11/17/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Citizens Academy 2022 Graduation SUMMARY: Amanda Jackson Anita Fowler Charles Jackson Cory Chase David Farrar John Quattrocki Kali Alonso LeeDrilla Jenkins Lori Green Maryce Garber Michele Edwards Natalie Rohde Patricia Lynch Paul Smetana Paul Tverberg Suzanne Kramer Teresa Gill APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 Graduation I am happy to announce that the 20th annual Citizens Academy class is graduating tonight. Each of the 17 graduates have shown their commitment to the future of Clearwater, by completing an intensive 10-week program that included visits to many city facilities, departments, and downtown. Because citizen involvement is crucial to the future of Clearwater, this group is to be commended for their achievement and dedication. Many of our Citizens Academy graduates now serve in leadership positions within our community, and I am sure these graduates will do so as well. I offer my congratulations to each of you. Please come forward as I call your name: Amanda Jackson Anita Fowler Charles Jackson Cory Chase David Farrar John Quattrocki (pronounced QUAA TRA KEY) Kali Alonso LeeDrilla Jenkins Lori Green Maryce Garber (prounounced MAR REE CYE) Michele Edwards Natalie Rohde Patricia Lynch Paul Smetana Paul Tverberg Suzanne Kramer Teresa Gill Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1209 Agenda Date: 11/17/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Lo Mejor de Tampa Bay 2022 and Prospera Awards SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1208 Agenda Date: 11/17/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the November 3, 2022 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City. e-4 ( (Z- Zip: 3 Telephone Number: '42? -77 Email Address: ' -, rirct Z'02.- Q4-4a.CcTN Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comme--&Card Name: Address: City: Telephone Number 77) j,/jj (47 Email Address: Speaking under citizens to be Fjt{ard re items not on the agenda? Agenda item(s) to which you wis : s•ek What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: CL1 1 r R S C.o La_ P-ct City Qic Zip: Telephone Number: Email Address: 1L1- /- ?g 1 e 1. C c)r'. Speaking under citizens to be heard re items not on the agenda? ---' Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: Address: 1 c\' City: Zip: Telephone Number: Email Address:. s . w chriA Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Name: Citiz Comment Card 14 I Address: City• F/ c r (,0 r Telephone Number: P-3 Email Address: _. 747 rrisvyl 3.7? Zip: 3y56, 2,-)--/r7 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: V74.4 -4/s' t r ssver 4 g e k 0 06: What is your position on the item? For V Against INDIVIDUAL SPEAKER Citizen Comment Card Name: /rpt Address: a 7 /"l /Cj le- e A, 2 ,- 4 7 Z l /'I'` Zi I> City: p: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: 5 c. u„4, Z Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be h rd re items not on the agenda? Agenda item(s) to which you wish to speak. r 11 e. Co S e %-' y e ---L A Lam_ What is your position on the item? For Against Name: ? `, % !7k .encr Address: Pt95LL City: 77 t,r?T ' ''i Zip: 33 74 Telephone Number: 7‘27'5-37/_ 6)9a Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: cit2a11-a What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Citizen Comment Card Name: U "fi rry ` 6/4/ - Address: 7r)— 0.16,6kve, 72 City: d776--35Zip: 753' Telephone Number: 5()S--- " "tee" Email Address: / / / emer'''W6'22* Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 1/ A49? -b" creAVihk OV2Mil ktO G(/ fl& What is your position on the item? For Against Hello Mayor Hibbard and Council Members My Name is Mark Birenbaum Talking today about Charter School 2433 Nursery Road. Nov 12, 2021 talked and emailed Melissa -Hauck Baker asking to keep me informed. Dec 21, 2021 received email from her about preliminary plat approval. No communication after this date. March 17, our group of (7) from "Save Nursery Road" talked before the council. Mr. Jennings along with Ms. Clayton admitted during the meeting of a "technical error" where residents living within the 200 feet of the property were NOT legally notified. Mr. Jennings issued a stopped work order. March 28, a public meeting was held at Morningside Rec and by a show of hands over 60 homeowners were against the charter school, but nothing further occurred. Mr. Jennings stated that he would get back to me and meet with our group with a tour of Nursery Road. No meeting. March 21, Ms. Clayton reissued the 2nd plat and authorize the 2nd Traffic Impact study by Mead & Hunt. The June traffic study mislead the readers omitting traffic data by not using traffic from Belleair Road and South Haven Dr connecting to Nursery Road. In fact, Mr. Jennings delegated the project down to Ms. Kivett and she refused to accept our analysis of the missing data, and stated "the city will not discuss professional technical concerns of the report and traffic flow." This locked us out of communicating. The TIS study showed Nursery Road at Belcher and US 19 both rated as "F" or FAILED. 10/20 spoke before the council and was appointed as "point person" with Mr. Jennings stating that he would "personally get back to me". 10/27, 11/3 and 11/14 reminded Mr. Jennings again and wrote to obtain documents asking for answers. His answer was "City staff has provided many answers to questions, responded to document requests, and met with the neighborhood". Nursery Road has 3 FAILED ratings of "F", likewise Mr. Jennings, the City Manager ratings with Nursery Road Project also has 3 "F" for Failings for his lack of involvement. 341 November 17, 2022 RE: City of Clearwater Stop Work Order - 2465/2433 Nursery Road From: Jennings, Jon (jon.jennings@myclearwater.com) To: peartree2b2@yahoo.com Cc: mike@parrotspeech.com; frank.hibbard@myclearwater.com Date: Tuesday, November 15, 2022 at 07:49 AM EST Mr. Birenbaum, I forwarded your request for documents to the appropriate staff. At this point, City staff has provided many answers to questions, responded to document requests, and met with the neighborhood. I am not sure what else we can do as you and the City do not agree on the decisions made. As you can imagine, City staff has many issues we deal with every day. We simply cannot continue this back and forth as we have a fundamental difference of opinion on the project in question. Jon Jon P. Jennings, ICMA-CM, MPA City Manager City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 727) 562-4040 Office 727) 562-4052 Fax Jon.ienningsgmyclearwater.com www.myclearwater.com Section 4-701. - Purpose and applicability. The purpose of this division is to establish procedures and standards for the subdivision of land to ensure the orderly layout of property, to ensure proper legal descriptions and monumenting of - subdivided property, and to implement the comprehensive plan. Aatshall besubdandcondominiumswithinthecorporatelimitsofthecit d for allii+ A The reversion, combination or recombination of portions of previously platted lots where no new parcels or residual parcels are created which are smaller than any ofthe originallotsorsmallerthantheapplicableminimumlotarearequirementsinArticle2ofthisDevelopmentCode. BThe conveyance of a lot or tract to an adjacent lot or tract which neither reduces any lot or tract to an area or width less than required in Article 2 of this Development Code forthezoningdistrictinwhichthelotortractislocatednorisinconsistentwithanyotherprovisionofthisdevelopmentcode. 1nCThedivisionofpreviouslypattedpropertywhere: 1 Not more than two tracts or lots are involved; 2 No new street or alley is proposed or additional right-of-way is required; (truncated here) DIVISION 12. - INSTITUTIONAL DISTRICT ("I") Section 2-1201. - Intent and purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of thecitizensoftheCityofClearwaterwithoutadverselyimoactinetheintegrityofadiacentresidential y eighbnrhonds. diminishing the scenic quality of the City of Clearwater or negatively impacting the safe andefficientmovementofpeopleandthingswithintheCityofClearwater. Section 3-1904. - Streets—Generally. A. The functional classification, arrangement, character, extent, width and location ofall streets shall conform to the thoroughfare element of the comprehensive plan and shall beconsideredintheirrelationtoexistingandplannedstreets, topographical and environmental conditions, public convenience and safety, and their appropriate relationship to theproposeduseofthelandtobeservedbysuchstreets. IB. All Public and Private streets shall be classified according to the following as is appropriate and provide the minimum right-of-way and lane designation as noted for eachclassification: E. Major traffic generators such as business districts, high schools, shopping centers, and large multiple -family residential developments shall obtain primary access from streets classified ascollectors, arterials or highways. Collector 80 3 -lane with center lane for left turn storage @ 12' Yes, both 4' wide bike lanesNurseryRd60throughlanesand13' center lane NR=2x10' lanes sides @ 5 @4 both sides NR=None Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1137 Agenda Date: 11/17/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater (Seller) and Palm Bluff Development Group, LLC (Buyer); and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property is located on N Garden Avenue, Clearwater, FL 33755 and identified as Parcel ID 09-29-15-25542-004-0360. December 28, 2018, the City of Clearwater acquired the fee simple ownership of this vacant lot on N Garden Ave in foreclosure via Certificate of Title from the Circuit/County Court, Pinellas County, Civil Division. An independent appraisal was performed on the property on June 15, 2022, by Jim Millspaugh and Associates, Inc. This appraisal report determined that the fair market value is $87,500. August 18, 2022, City Council declared the property surplus for sale through Invitation to Bid #43-22, whereby the successful bid was required to meet the terms set by Council. Per City Charter Section 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: ·Bid price shall exceed $87,500.00 ·Successful bidder shall negotiate a mutually agreed upon purchase contract with the City. . The City received one bid that met the minimum qualifications listed above. ·Palm Bluff Development Group, LLC submitted a qualifying bid with a proposed purchase price of $201,000.00. Consistent with City Charter 2.01 referenced above, staff recommends approval of the Contract between the city and Palm Bluff Development Group, LLC, the bidder having submitted the highest competitive bid above the appraised value whose bid meets the terms set by the Council. Proceeds from sale will be deposited into the General Fund. Page 1 City of Clearwater Printed on 11/15/2022 North Garden Avenue50' R/WPOINT OF COMMENCEMENT SW COR OF SD LOT 36 121.50' ± POINT OF BEGINNING J.J. Eldridge Subdivision Plat Book 1, Page 85 Lot 37 12.50' 125.00'33.70'65.07'41.30'9.30'Lot 36 Lot 35 Lot 42 Lot 41 Lot 40 Lot 38 Parcel Number: 09-29-15-25542-004-0360 ELDRIDGE, J.J. PART OF LOTS 36 & 37 DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG W'LY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125 FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SW'LY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NW'LY TO POB AS RECORDED IN PB OH1 AT PAGE 85 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Contract for City of Clearwater Purchase of Real PropertyJABTLM 10/18/2022 Lgl_2022-12 1 1 09 29S 15E This is not a survey N.T.S. Legal Description Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 INVITATION TO BID #43-22 Surplus Property- North Garden Avenue September 14, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, October 13, 2022, for the purchase of surplus property at North Garden Avenue, Clearwater, Florida. Brief Description: On August 18, 2022, the Clearwater City Council declared surplus for the purpose of sale through Invitation to Bid #43-22, certain real property located on North Garden Avenue, Clearwater, FL 33755, identified as Parcel ID: 09-29-15-25542-004-0360, whereby the successful bid meets the terms set by Council. The property is legally described in Exhibit A. Bids 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. Bid 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 Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Surplus Property – North Garden Ave 2 ITB #43-22 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 bid. 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 bid. 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 bid. 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: October 13, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids 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, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. 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 bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes 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 any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS Surplus Property – North Garden Ave 3 ITB #43-22 i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. 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 bid that is not properly addressed and identified i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder 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. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. 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 bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder 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 bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an INSTRUCTIONS Surplus Property – North Garden Ave 4 ITB #43-22 authorized representative. Please line through and initial rather than erase changes. If the bid 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 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 bid be submitted. The bid 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 bid. 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. Alternates will be considered upon demonstrating 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 bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid 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 bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid 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 bidder shall include a letter with its bid 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 the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids 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 bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter 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 bidder 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 bidder 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 BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. INSTRUCTIONS Surplus Property – North Garden Ave 5 ITB #43-22 To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Surplus Property – North Garden Ave 6 ITB #43-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder 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 bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder 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 bidder’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) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder 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 bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 09/14/2022 Advertise Tampa Bay Times: 09/21/2022 Bids due: 10/13/2022 Review bids: 10/13/2022-10/19/2022 Award recommendation: 10/19/2022 Council authorization: December 2022 STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 7 ITB #43-22 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 STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 8 ITB #43-22 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. 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. 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. 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. STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 9 ITB #43-22 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 Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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. 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 STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 10 ITB #43-22 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 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. STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 11 ITB #43-22 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 the City’s Purchasing Policy 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. 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. STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 12 ITB #43-22 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 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes 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 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. STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 13 ITB #43-22 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 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 Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 14 ITB #43-22 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 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 in the State of Florida 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 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. STANDARD TERMS AND CONDITIONS Surplus Property – North Garden Ave 15 ITB #43-22 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 Surplus Property – North Garden Ave 16 ITB #43-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. BACKGROUND. The City is seeking bids from qualified bidders to purchase real property as described herein. According to Section 2.01(ii) of the City of Clearwater Charter, property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value and in accordance with Council’s Stated terms and qualifications. The appraised value of the property is $87,500 (Eighty-Seven Thousand Five Hundred Dollars). The following exhibits are provided for reference:  Exhibit A- Property Legal Description  Exhibit B- Property Aerial Map  Exhibit C- Appraisal Report 3. BIDDER QUALIFICATIONS. In accordance with the terms set by Council, the City is seeking bids from qualified firms to purchase real property described herein. The City of Clearwater Council set the following terms for sale of subject property:  The bid price shall exceed $87,500 (Eighty-Seven Thousand Five Hundred Dollars)  Successful bidder shall negotiate a mutually agreed upon purchase contract with the City. BID SUBMISSION Surplus Property – North Garden Ave 17 ITB #43-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. If submitting electronically, hard copies are not required. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and required number of copies Bid container properly labeled (use label provided) Bid Form Exceptions/Additional Materials/Addenda Form Bidder Information Form Bidder Certification of Offer Form W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID FORM Surplus Property – North Garden Ave 18 ITB #43-22 Pursuant to Invitation to Bid #43-22 specifications enumerated and described herein, I/we submit the following bid for purchase of real property located at North Garden Avenue, Clearwater, Florida, as follows: Item No. Description Bid Price 1 North Garden Avenue, Clearwater, Florida, property description as described in ITB #43-22 - Exhibit A $ Bid price in written words: _______________________________________________________________________________ Signature: _____________________________________________ Name Printed: __________________________________________ Date: ________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Surplus Property – North Garden Ave 19 ITB #43-22 Bidders 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): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid 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 bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ BIDDER INFORMATION FORM Surplus Property – North Garden Ave 20 ITB #43-22 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 bid: 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: Provide supporting documentation for your certification, if applicable. BIDDER CERTIFICATION OF OFFER FORM Surplus Property – North Garden Ave 21 ITB #43-22 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting 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; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. 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: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Surplus Property – North Garden Ave 22 ITB #43-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #43-22, Surplus Property – N Garden Ave, Clearwater, Florida Due Date: October 13, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #43-22, Surplus Property – N Garden Ave, Clearwater, Florida Due Date: October 13, 2022, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 1) Palm Bluff Development Group LLC 140 Island Way #251 Clearwater, FL 33767Bid Amount: $201,000.00 ADVERTISED: TAMPA BAY TIMES 9/21/2022 POSTED:myclearwater.com 09/14/2022-10/13/2022 FOR THE CITY OF CLEARWATER Due/Opening: October 13, 2022; 10:00 a.m. INVITATION TO BID No. 43-22 Surplus Property - North Garden Avenue Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1152 Agenda Date: 11/17/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a professional service agreement and work order with Harvard Jolly Inc., of St. Petersburg, FL, for the design of the new S. Osceola Avenue Parking Garage 22-0011-EN in the amount of $1,540,598, pursuant to Request for Qualifications (RFQ) 40-22 and authorize the appropriate officials to execute same. (consent). SUMMARY: Development in and around Coachman Park has resulted in numerous parking lots being repurposed. Additionally, the new band shell at Imagine Clearwater will seat 9,000 attendees resulting in an increased demand for parking in the downtown core. Earlier this year, the City entered into an agreement with Peace Memorial Church to purchase property located at the corner of Pierce Street & S. Osceola Ave for the purpose of building a parking garage that will provide parking for Peace Memorial, the band shell, and the downtown core in general. Per Downtown District & Development standards, the garage building will have a first-floor commercial component. In April 2022, Desman Inc (Parking consultant of Record) was contacted to prepare a proforma to determine how a parking garage could work at this location. Based on their proforma, a parking garage of approximately 550 parking spaces will fit within the required setbacks at that location. Desman estimated the total project cost at $26,280,500. June 27, 2022, RFQ 40-22 for design services for the new parking garage was advertised. The selection committee consisted of representatives from Engineering, Planning and CRA. Five firms responded to the RFQ. The committee short listed three firms for oral presentations and selected Harvard Jolly due to their experience with similar projects, attention to detail, and knowledge of Clearwater regulations. The work order includes design, construction documents, and engineering services for a 550-575 space parking garage with first floor commercial frontage. The building will conform to all downtown regulations and will include a solar component. Harvard Jolly will design the building to meet all applicable codes and ensure the façade fits within the surrounding architectural styling. Design is expected to take 12 months through end of permitting (December 2023), including city review time, DRC review and final building permit review and issuance. Construction is estimated to start in January 2024 and should be completed in early 2025. APPROPRIATION CODE AND AMOUNT: ENPK180003-DSGN-PROSVC $1,540,598 A first quarter budget amendment will provide a transfer of $700,000 from capital improvement project ENPK180002, Parking Lot Improvements, to ENPK180003, Parking Facilities. Page 1 City of Clearwater Printed on 11/15/2022 File Number: ID#22-1152 Addition funds are available in ENPK180003, Parking Facilities to fund the work order. Page 2 City of Clearwater Printed on 11/15/2022 Harvard Jolly, Inc. City of Clearwater Consultant Work Order Page 1 of 12 Revised: 10/27/2021 CONSULTANT WORK ORDER Date: October 25, 2022 1.PROJECT INFORMATION: Project Title: South Osceola Parking Garage City Project Number: 22-0011-EN City Plan Set Number: Consultant Project Number: 22058.00 2.SCOPE OF SERVICES: The project scope shall include the design of a new mixed-use parking garage with retail “White Box” spaces at the ground level on South Osceola Avenue. There will be a minimum of 550 parking spaces. The actual number of spaces will depend on the parking deck layout. The anticipated total will be between 550 spaces and 575 spaces. The design work includes Architectural Design, Structural Engineering, Mechanical/Electrical/ Plumbing/Fire Protection Engineering, Geotechnical Engineering, Civil Engineering, Landscape and Irrigation Design. The design will include solar panels covering the top deck of the garage. I.SCHEMATIC DESIGN PHASE 1.Harvard Jolly Architecture (HJA) shall produce a Schematic Design (SD) package including design documents and project narratives. The SD package shall include schematic architectural site plans, schematic floor plans, exterior elevations and renderings. HJA shall submit the 100% SD package to the City for review and approval. 2.HJA shall coordinate with the Construction Manager (CM) on producing a Schematic Design cost estimate, and/or provide a cost per car space and a square foot-based cost estimate for the retail component to the City. 3.Based on the site plan, HJA’s structural engineer and civil engineer will recommend locations for geotechnical borings. HJA’s geotechnical consultant will perform 6 SPT borings to a depth of 75-80 feet, one double ring infiltrometer test, analysis and recommendations for foundations. II.DESIGN DEVELOPMENT PHASE 1.HJA shall produce a Design Development (DD) package based upon approved SD documents. The DD package shall include: a.Architectural Site i.Architectural site plan CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 2 of 12 Revised: 10/27/2021 b. Architectural i. Code analysis ii. Life safety plans iii. Architectural floor plans iv. Building elevations v. Building sections vi. Typical wall sections vii. Roof plans with solar panels viii. Reflected ceiling plans ix. Door schedules x. Typical exterior glazing elevations c. Structural Engineering i. Preliminary foundation plan and wall design ii. Preliminary framing plans d. Fire Protection i. Preliminary fire protection performance criteria indicating area hazard classifications and fire suppression system types used ii. Preliminary fire suppression plans iii. Preliminary standpipe and sprinkler schematics e. Fire Alarm i. Preliminary fire alarm system plans f. Mechanical Engineering i. Preliminary HVAC duct and equipment plans ii. Preliminary HVAC piping plans iii. Preliminary equipment schedules iv. Building load analysis g. Plumbing Engineering i. Preliminary domestic water, hot water, waste and vent plans ii. Preliminary plumbing fixture schedules h. Electrical Engineering i. Preliminary power plans ii. Preliminary panelboard schedules and one-line diagrams iii. Preliminary lighting plans and schedules iv. Preliminary site power, lighting and telecommunication plan v. Preliminary generator sizing vi. Preliminary solar energy specification based on design-build approach i. Technology Design i. Parking Garage floor reporting system ii. Preliminary plans for equipment and infrastructure j. Civil Engineering i. Preliminary utility research CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 3 of 12 Revised: 10/27/2021 ii. Preliminary potable water demand and analysis of fire hydrant flow information to determine adequacy of existing water supply flow/pressure iii. Preliminary stormwater calculations and system design iv. Preliminary engineering design plan including potable water distribution system, site fire protection system, sanitary sewer collection system layout, stormwater treatment vault configurations, and locations of proposed sidewalks, building setbacks and general pavement dimensions. A site data chart will be included on the plan. k. Landscape Architecture i. Tree mitigation requirements ii. Preliminary planting and irrigation plans 2. At the completion of the Design Development phase, HJA shall provide the DD package to the City for review and approval. 3. HJA shall coordinate with the Construction Manager (CM) on producing a Design Development cost estimate. III. CONSTRUCTION DOCUMENTS PHASE 1. HJA shall produce a Construction Documents package based upon approved DD documents. The CD package shall include: a. Architectural Site i. Architectural site plan ii. Typical architectural site details b. Architectural i. Code analysis ii. Life safety plans iii. Architectural floor plans iv. Building elevations v. Building sections vi. Wall sections and details vii. Roof plans with solar panels and details viii. Reflected ceiling plans and details ix. Enlarged detail plans as needed x. Door and hardware schedules, elevations and details xi. Exterior and interior glazing elevations and details xii. UL assemblies xiii. Plan details as needed c. Structural Engineering i. Foundation plan and wall design ii. Framing plans iii. Structural member sizes and type of construction iv. Code required structural calculations CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 4 of 12 Revised: 10/27/2021 v. Wall sections and details d. Fire Protection i. Fire protection performance criteria indicating area hazard classifications and fire suppression system types used. Statement of codes used and design requirements. ii. Fire suppression plans showing locations of water mains, valve and alarm assemblies and risers iii. Standpipe and sprinkler schematics e. Fire Alarm i. Fire alarm system plans f. Mechanical Engineering i. HVAC duct and equipment plans ii. HVAC piping plans iii. Enlarged equipment room plans iv. Equipment schedules v. HVAC sections and details as required vi. HVAC equipment diagrams vii. HVAC controls diagrams and sequences of operation viii. Building HVAC loads g. Plumbing Engineering i. Domestic water, hot water, waste and vent plans ii. Enlarged equipment room plans for hot and cold water generation systems as needed iii. Plumbing fixture schedules iv. Plumbing riser diagrams and details h. Electrical Engineering i. Electrical power plans ii. Panelboard schedules and one-line diagrams iii. Lighting plans and schedules iv. Electrical equipment room layouts v. Site power, lighting and telecommunication plan vi. Solar panel layout and performance specifications based on a design-build approach vii. Generator sizing i. Technology Design i. Parking Garage floor reporting system ii. Plans for equipment and infrastructure j. Civil Engineering i. Dimension plan for paving, parking, buildings, utilities, and other site features ii. On-site paving, grading and drainage plan iii. On-site water distribution system with fire line (with connection to an existing water main within the project limits) CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 5 of 12 Revised: 10/27/2021 iv. Sanitary sewer collection system v. Reclaimed water connection to site vi. Appropriate cross-sections, construction details and plan specifications k. Landscape Architecture i. Tree mitigation requirements ii. Planting plans, schedules and details iii. Irrigation plans, schedules and details l. Specifications for all disciplines 2. HJA shall issue the Construction Documents package to the City and Construction Manager for bidding and permitting. 3. HJA shall coordinate with the Construction Manager (CM) on producing a Construction Documents cost estimate. IV. BIDDING PHASE 1. HJA shall provide the documents to the City and/or Construction Manager for permit application. 2. HJA shall respond in writing to plan review comments and issue addenda as necessary to address comments. 3. HJA shall attend a pre-bid conference as scheduled by the Construction Manager. 4. HJA shall respond in writing to pre-bid RFIs and requests for substitution and issue addenda as necessary for clarification. 5. HJA shall provide a conformed set of drawings. V. CONSTRUCTION ADMINISTRATION PHASE 1. HJA shall participate in Owner/Architect/Construction Manager meetings and provide field reports on construction progress twice per month. 2. HJA shall endeavor to respond to the Construction Manager’s requests for information within 7 calendar days. 3. HJA (or the appropriate sub-consultant) shall review and approve shop drawings and product data provided by the Construction Manager. HJA shall be allowed at least 15 days to review submittals, or at least 21 days for submittals that require reviews by HJA’s consultants. 4. HJA shall review change orders, contingency use authorizations, etc. 5. HJA shall issue Architect’s Supplemental Instructions and Proposal Requests as necessary. 6. HJA shall review and participate in the creation of the CM’s punch list, certify that the work is satisfactorily completed, and issue certificates for Substantial and Final Completion. 7. HJA will review and approve/sign the CM’s Application and Certification for Payment. 8. HJA shall advise and consult with the City during the Construction Phase Services. HJA shall have authority to act on behalf of the City only to the CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 6 of 12 Revised: 10/27/2021 extent provided in this Agreement. HJA shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall HJA be responsible for the Construction Manager’s failure to perform the Work in accordance with the requirements of the Contract Documents. HJA shall be responsible for HJA’s and our consultants’ negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. 9. HJA shall visit the site at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, HJA shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the twice monthly site visits, HJA shall keep the City reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the City (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. The fees are based on two meetings per month for a construction duration of no more than ten months. If the construction duration takes longer, the fees for Construction Administration will be increased proportionately. VI. POST CONSTRUCTION 1. HJA will provide a one-year warranty review report when requested by the City. CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 7 of 12 Revised: 10/27/2021 3. PROJECT GOALS: We understand the project scope to be architectural and engineering services for a new Clearwater South Osceola Parking Garage. The site is located on the northeast corner of South Osceola Avenue and Pierce Street. The footprint of the parcel abuts South Osceola Avenue on the west, Pierce Street on the south, an unnamed alley on the east, and a property belonging to Pinellas County to the north. The parking is intended to replace the existing parking being lost to the development of Coachman Park. The City bought the property from the Peace Memorial Church. The parcel will contain the new parking garage for the use by the public and Peace Memorial Church. The Contract for Purchase of Real Property by the Community Redevelopment Agency of the City of Clearwater has specific stipulations including the use of spaces by the church as certain times and the requirement that the garage design shall be in keeping with the Mediterranean style and original color palette of the historic 1921 sanctuary. The primary goal of this project is to design a modern public parking garage with first floor commercial space that compliments the architecture of the surrounding area. Innovative and cost-effective designs for both construction and long-term operational and maintenance costs are paramount. The city would like to include aspects that capitalize on sustainability, energy efficiency, and the City’s Greenprint 2.0 initiatives in the final design. The design team shall evaluate the inclusion of solar, space for micro- mobility modes, EV charging, and floor occupancy reporting. The city wishes to consider obtaining ParkSmart certification. The design team will meet regularly with representatives of the City of Clearwater to develop the design. The project will be constructed via the Construction Manager at Risk (CM) process. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Harvard Jolly, Inc. for the completion of these tasks in accordance with Professional Services Method – Lump Sum – Percentage of Completion by Task for a fee not to exceed One Million, Five Hundred and Forty Thousand, Five Hundred Ninety-Eight Dollars ($1,540,598). Permit, Registration and Certification fees will be paid by the City. CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 8 of 12 Revised: 10/27/2021 5. SCHEDULE: Upon Notice to Proceed, the design team tentatively establishes the following schedule to complete the design: Geotechnical Engineering: 1 month. Schematic Design: 2 months. Construction Manager cost estimate and Owner Review: 1 month. Design Development: 2 months. Construction Manager cost estimate and Owner Review: 1 month. Construction Documents: 3 months. Permitting and Bidding: 2 months. Construction: 10 months. HJA will provide one month in between each design phase for Owner review and approval and Construction Manager pricing. HJA will not proceed into the next design phase until the City provides review comments as necessary and written authorization to proceed into the next phase. 6. STAFF ASSIGNMENT: Ward J. Friszolowski, AIA, Principal in Charge Amy Weber Bradlow, AIA, Project Manager Jeff Coulter, Designer/Production & Construction Administrator 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Amy Weber Bradlow, AIA, Project Manager a.bradlow@harvardjolly.com Office Phone: 727-896-4611 Cell Phone: 727-452-8321 All City project correspondence shall be directed to: Jeremy Alleshouse, Parking Manager Jerremy.Alleshouse@MyClearwater.com Office Phone: 727-562-4774 CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 9 of 12 Revised: 10/27/2021 8.INVOICING/FUNDING PROCEDURES: City Invoicing Code: _____________________________ For work performed, invoices shall be submitted monthly to: ATTN ACCOUNTANT CITY OF CLEARWATER, ENGINEERING DEPARTMENT PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9.INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1.Purchase Order, Project and Invoice Numbers and Contract Amount. 2.The time period (begin and end date) covered by the invoice. 3.A short narrative summary of activities completed in the time period. 4.Contract billing method – Lump Sum or Hourly Rate. 5.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6.If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code.10.CONSIDERATIONS: Consultant acknowledges the following: 1.The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2.All City directives shall be provided by the City Project Manager. 3.“Alternate equals” shall not be approved until City Project Manager agrees. 4.All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5.Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6.Documents posted on City website must be ADA accessible. ENPK180003-DSGN-PROSVC CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 10 of 12 Revised: 10/27/2021 11.ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1.Sea Level Rise and Flood Resilience, as applicable. 2.Submittal of a Critical Path Method (CPM) Schedule(s). 3.Submittal of a Project Catalog with the following items, as appropriate: a.Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b.If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c.At the conclusion of the project, Consultant will combine this information into a Project Catalog and submit to the City for review and comment.12.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes where applicable. 1.This proposal expires 60 days from the date of this proposal. Accordingly, base bid pricing and hourly rates are subject to increase after the time period noted. 2.Cost estimating is limited to per-square-foot and/or cost per parking space cost estimates. Detailed cost estimating is assumed to be provided by the Construction Manager and is therefore excluded. Harvard Jolly can provide detailed cost estimating services upon request for an additional fee. 3.The following services are excluded from the fee proposal above: a.Traffic study b.Survey (provided by the City of Clearwater). c.Detailed cost estimating d.Energy Model (Beyond FBC Requirements) e.LEED/Green Globes/other Sustainability Certification other than ParkSmart. f.Commissioning beyond minimum Florida Building Code requirements g.Accelerated/fast track scheduling h.Selection of artwork and accessories i.Virtual reality renderings j.Measured drawings k.Development of Building Information Models for post-construction use l.Life cycle cost analysis CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 11 of 12 Revised: 10/27/2021 m.On-site project representation n.Post-occupancy evaluation o.Facility support services p.Architect’s coordination of the City’s consultants q.Changes initiated by the Owner after approvals r.Any service not specifically listed 4.Additional services will only be undertaken upon written approval of the client. Additional services shall constitute work not described (or in excess of that described) in this proposal. Estimates can be provided upon request. 5.The City agrees to render decisions in a timely manner so as not to delay the orderly and sequential progress of HJA’s services. Document review comments shall be furnished by the City, and HJA shall be entitled to rely upon the accuracy and completeness thereof. 6.Deliverables are to be provided at the 100% completion of each design phase: Schematic Design, Design Development and Construction Documents. Owner Review periods are provided in HJA’s schedule at the completion of Schematic Design and Design Development. 7.Any required permit agency application fees will be considered a direct expense to the Owner and are not included. 8.Application preparation and attendance at public meetings for variances, conditional use permits, special exemptions or re-zonings are not anticipated as a requirement and are not included. 9.As-Built PDF and/or CAD drawings are not included in this proposal. HJA can provide As-Built drawings based on Construction Manager redlines, but the extent of this scope cannot be determined until HJA receives the contractor’s markups. Upon completion of construction and receipt of the Construction Manager’s markups, HJA can provide a proposal to the City for this service. Civil site Record Drawings, showing appropriate record information based on survey data supplemented with Project annotated record documents received from the Contractor, are included and will be furnished to the City and applicable governmental authorities. 10.HJA shall perform our services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. We shall perform our services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. 11.The City shall include HJA in all communications with the Construction Manager that relate to or affect HJA’s services or professional responsibilities. The City shall promptly notify HJA of the substance of any direct communications between the City and the Construction Manager otherwise relating to the Project. Communications by and with HJA’s consultants shall be through HJA. CONSULTANT WORK ORDER South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order Page 12 of 12 Revised: 10/27/2021 12.To the fullest extent permitted by law, the City agrees to limit HJA’s total liability for the City’s damages to the amount of Two Million Dollars ($2,000,000), covering claims arising out of the performance of professional service under this Agreement and caused by error, omission or negligent acts for which HJA is legally liable. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.13.SIGNATURES: PREPARED BY:APPROVED BY: Ward J. Friszolowski, AIA Tara Kivett, P.E. President City Engineer Harvard Jolly, Inc. City of Clearwater October 25, 2022 Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – CITY DELIVERABLES South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 2 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE 14.WORK ORDER INITIATION FORMPROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Architectural and Engineering Services 1.1 Schematic Design $45,577 $141,195 $186,772 1.2 Design Development $60,770 $188,260 $249,030 1.3 Construction Documents $121,541 $376,518 $498,059 1.4 Bidding $15,192 $47,065 $62,257 1.5 Construction Administration $60,770 $188,260 $249,030 Subtotal $1,245,148 2.0 Other Services 2.1 Threshold Building Inspection services $55,000 $0 $55,000 2.2 Geotechnical Engineering $22,200 $0 $22,200 2.3 Civil Engineering & Landscape Design $37,750 $0 $37,750 2.4 Solar Design $10,000 $10,000 $20,000 2.5 Signage and Graphics Design $25,000 $25,000 2.6 Technology Design for floor occupancy reporting $15,000 $5,000 $20,000 2.7 Cost Estimating at Schematic Design $20,000 $0 $20,000 Subtotal $199,950 Subtotal, Labor and Subcontractors $1,445,098 Permit Review Fees NIC 3.0 ParkSmart Design allowance $95,500 Grand Total $1,540,598 ATTACHMENT “A” CONSULTANT WORK ORDER – CITY DELIVERABLES South Osceola Parking Garage Harvard Jolly, Inc. City Project Number 22-011-EN City of Clearwater Consultant Work Order – City Deliverables Page 2 of 2 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1.FORMAT: The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards for civil engineering design. Architectural and other engineering disciplines will be done in Autodesk Revit format. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division.2.DELIVERABLES: The design plans shall be produced on bond material, 30" x 42" at a scale appropriate for each specific drawing. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk file format. NOTE: If approved deviations from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 1 MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND HARVARD JOLLY, INC RFQ #40-22 S. OSCEOLA PARKING GARAGE DESIGN (22-0011-EN) This MASTER AGREEMENT (this “Agreement”) is made and entered into on this _____ day of __________ 2022 by and between the City of Clearwater, Florida, a Florida municipal corporation (the “CITY”) and Harvard Jolly, Inc., a Florida corporation (the “CONSULTANT”). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #40-22 and responses by the CONSULTANT to RFQ #40-22. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering or architectural practices, by exercising the skill, care, and ability ordinarily required of such consultants performing the same or similar services, under the same or similar circumstances, in the State of Florida, and consistent with State of Florida professional ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #40-22, Scope of Services. 2.2 The CONSULTANT’s services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task, or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached to this Agreement. Total compensation for all services shall not exceed one million five hundred and forty thousand 2 and five hundred and ninety-eight dollars ($1,540,598.00) unless specifically authorized by the Clearwater City Council or the Clearwater Code of Ordinances. See Work Order(s) attached hereto as Exhibit “A”. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Order(s). The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any or all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’s services are delayed for reasons beyond the CONSULTANT’s control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed four (4) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 shall apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the 3 CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law; subject to a supplemental agreement being negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’s written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this Agreement. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to, nor shall it be interpreted as limiting or in any way affecting any defense the CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, THE CONSULTANT’S INDIVIDUAL EMPLOYEES OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Neither the CITY nor the CONSULTANT shall be liable to the other for any special, incidental, 4 indirect, or consequential damages whatsoever arising out of or relating to this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’s invoice and as provided for below. An hourly rate schedule is attached hereto as Exhibit “B”. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 5 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation, or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County, Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the CITY, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000.00) with any person or affiliate on the convicted vendor list for a period of thirty-six (36) months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133(3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #40-22, STANDARD TERMS AND CONDITIONS 6 All terms and conditions as set forth in RFQ #40-22, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit “C”. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #40-22, Standard Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit “D”, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for the CITY to perform its obligations hereunder, the CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. CONSULTANT will be paid for all work performed to the date of termination. 18.0 E-VERIFY CONSULTANT and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The CONSULTANT will not enter into a contract with any subcontractor unless each party to the contract registers with and uses the E-Verify system. subcontractor must provide the CONSULTANT with an affidavit stating that subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that the CONSULTANT or its subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), the CONSULTANT may not be awarded a public contract for at least one (1) year after the date of which this Agreement was terminated. The CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Harvard Jolly, Inc., a Florida corporation. By: ________________________________ Print Name: _________________________ Title: ______________________________ WITNESS: By: ________________________________ Print Name: _________________________ Countersigned: CITY OF CLEARWATER, Florida, a Florida municipal corporation. ___________________________ ______________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ______________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk 8 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. Authorized Signature Printed Name Title Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 2021, 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 9 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 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 _________________, 2021, 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 10 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ 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 _________________, 2021, 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 2714 DR. ML KING JR. ST. N. | ST. PETERSBURG, FL 33704 | T. 727.896.4611 | F. 727.894.0502 | www.HARVARDJOLLY.com | AR0013140 FORT MYERS | JACKSONVILLE | ORLANDO | ST. PETERSBURG | SARASOTA | TAMPA | WEST PALM BEACH HARVARD•JOLLY ARCHITECTURE EXHIBIT B 2023 HOURLY BILLING RATES PRINCIPAL ............................................................................................................................................................ $205.00 SR. PROJECT MANAGER .................................................................................................................................. $180.00 SR. PROJECT ARCHITECT ................................................................................................................................. $155.00 PROJECT ARCHITECT .................................................................................................................................................................... $140.00 ARCHITECT ........................................................................................................................................................... $135.00 INTERIOR DESIGNER. ....................................................................................................................................... $130.00 CONSTRUCTION ADMINISTRATOR ............................................................................................................... $130.00 PROJECT MANAGER ......................................................................................................................................... $130.00 PROJECT DESIGNER/PRODUCTION ............................................................................................................. $110.00 ADMINISTRATIVE .................................................................................................................................. $85.00 ***These rates are in effect from January 1, 2023 to December 31, 2024 and are subject to annual adjustments. Annual rate increases average 6% per year.*** PIERCE ST S OSCEOLA AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB PD N.T.S.286B 16-29s-15e04/29/2022Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 107 S Osceola AvenuePeace Memorial Presbyterian Church 55 604028160'± 160'±225'±225'±Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\107SOsceolaAveAerial.mxd This is not a surveyAerial 2021 1) Harvard Jolly, Inc 2) Walker Consultants, Inc 2714 Dr MLK Jr St. N dba Walker Parking Consultants/ St. Petersburg, FL 33704 Engineers, Inc.727.896.4611 4904 Eisenhower Blvd, Ste 150 Tampa, FL 33634 813.440.4883 3) Wannemacher Jensen Architects, Inc 4) WGI, Inc. 132 Mirror Lake Dr N, Ste 301 3111 W Dr. MLK Jr. Blvd, Ste 375 St Petersburg, FL 33701 Tampa, FL 33607 727.822.5566 813.574.3190 Certified: SBE 5) Zyscovich, LLC 550 N Reo StTampa, FL 33609 813.526.7760 ADVERTISED: TAMPA BAY TIMES 6/29/2022 POSTED:myclearwater.com 06/27/22-07/27/22 Due/Opening: July 27, 2022; 10:00 a.m. REQUEST FOR QUALIFICATIONS TO BID No. 40-22 Design Services - South Osceola Parking Garage Solicitation Response Listing FOR THE CITY OF CLEARWATER ARCHITECTS STRUCTURAL ENGINEERS PLANNERS PARKING CONSULTANTS RESTORATION ENGINEERS GREEN PARKING CONSULTING DRAFT MEMORANDUM DATE: August 29, 2022 TO: Jeremy Alleshouse, CAPP Parking Manager, City of Clearwater FROM: Christian Luz, DESMAN Frank Fuentes, DESMAN RE: Peace Memorial Presbyterian Church Parking Garage Financial Analysis TABLE OF CONTENTS I. EXECUTIVE SUMMARY ............................................................................................................ 3 A. Project Costs and Financial Performance ........................................................................................ 3 B. Project Proformas ............................................................................................................................ 4 II. INTRODUCTION .................................................................................................................... 5 III. PROJECT DEFINITION ............................................................................................................. 6 A. Functional Design ............................................................................................................................. 7 B. Traffic Circulation ............................................................................................................................. 7 C. Number of Parking Spaces ............................................................................................................. 10 D. Summary ........................................................................................................................................ 10 IV. PROJECT COSTS .................................................................................................................. 12 A. Project Financial Proforma Baseline .............................................................................................. 12 B. Project Financial Proforma Scenarios ............................................................................................ 13 V. PARKING DEMAND .............................................................................................................. 14 A. Non-Event Day Parking Demand .................................................................................................... 14 1. Non-Event Transient Parking Demand .................................................................................... 15 2. Non-Event Monthly Parkers .................................................................................................... 15 3. Non-Event Peace Memorial Church Parkers ........................................................................... 15 4. Non-Event Imagine Clearwater Park Visitors .......................................................................... 15 5. Non-Event Bluff Redevelopment Parkers ................................................................................ 16 6. Non-Event Excess Capacity ...................................................................................................... 16 B. Event Day Parking Demand ............................................................................................................ 17 C. Summary ........................................................................................................................................ 17 VI. PARKING FINANCIAL ANALYSIS ............................................................................................... 19 A. Proformas ...................................................................................................................................... 19 B. Other Event Parking Revenue ........................................................................................................ 21 Page 2 of 26 TABLES Table 1 – Parking Spaces ............................................................................................................................. 11 Table 2 – Opinion of Probable Project Costs .............................................................................................. 12 Table 3 – On-going Expenses and Factors................................................................................................... 13 Table 4 – Non-Event Peak Hour Weekday Parkers ..................................................................................... 14 Table 5 – Annual Persons and Parked Cars ................................................................................................. 15 Table 6 – Park Visitors ................................................................................................................................. 16 Table 7 – Bluff Redevelopment Parking Demand ....................................................................................... 16 Table 8 – Event Types ................................................................................................................................. 17 Table 9 – Event Characteristics ................................................................................................................... 17 Table 10 – Parking Demand by Event ......................................................................................................... 17 Table 11 – Proforma 1, Baseline - Existing Rates/Weekdays Only ............................................................. 20 Table 12 – Proforma 2, Increase Rates Year 1 & 10% Every 5 Yrs/Weekdays & Weekends ...................... 20 Table 13 – Proforma 3, Increase Rates Year 1 & 15% Every 5 Years/Weekdays & Weekends................... 21 Table 14 – Proforma 4, Increase Rates Year 1 and 25% Every 5 Years/Weekdays & Weekends ............... 21 FIGURES Figure 1 – Location Map................................................................................................................................ 6 Figure 2 – Proposed Garage Site ................................................................................................................... 7 Figure 3 – Site Plan ........................................................................................................................................ 8 Figure 4 – Grade Level and First Level .......................................................................................................... 9 Figure 5 – Typical and Roof Level .................................................................................................................. 9 Figure 6 – Garage Section ........................................................................................................................... 10 APPENDIX TABLES Appendix Table 1 – Baseline Proforma ....................................................................................................... 23 Appendix Table 2 – Proforma 2, Increase Rates Year 1 & 10% Every 5 Yrs/Weekdays & Weekends ........ 24 Appendix Table 3 – Proforma 3, Increase Rates Year 1 & 15% Every 5 Years/Weekdays & Weekends .... 25 Appendix Table 4 – Proforma 4, Increase Rates Year 1 & 25% Every 5 Years/Weekdays & Weekends .... 26 Page 3 of 26 I. EXECUTIVE SUMMARY The City of Clearwater retained DESMAN Inc. (DESMAN) to prepare an initial assessment of the assumptions, factors, and terms affecting the city’s financial obligations as leaseholder of a site owned by Peace Memorial Presbyterian Church proposed for a 550-space garage (the Project). Since the time our contract was executed, the city has decided to acquire rather than lease the site and as a result, the intent of this analysis has changed slightly from the original scope of services. In addition, the city has indicated that an active use (referred to herein as retail) be located in the first level of the garage fronting S. Osceola Avenue and Pierce Street. Before identifying the financial feasibility of the Project, our first task was to determine the feasibility of providing 550 spaces and the first-level retail space on the proposed site. Preparation of preliminary drawings and sketches was necessary to determine under what design constraints the Project goals could be met (drawings in section II. Project Definition). As discussed in later sections of this memorandum, the results of our analysis indicated that 550 spaces can be provided in a garage with 6 ½ levels of parking over approximately 12,000 gross square feet (GSSF) of retail located on the first floor. The overall building height is 89’5” measured to the highest point of the roof level slab. The preliminary drawings reflect 550 spaces in the garage and 20 surface spaces located along the alley on the east side of the garage. The surface parking is shown for illustrative purposes, while the garage costs and layouts assume 550 spaces within the garage footprint. If the 20 spaces were to remain as shown, the total space count would be 570 spaces on the site with no change in the Project cost. Alternatively, the surface parking could be eliminated and the garage footprint moved about 20’ further to the east creating a wider buffer area between the garage and S. Osceola Avenue. This buffer area could accommodate a variety of functions such as creating an outdoor dining plaza/terrace area, a mini-park public area, space for locating micro-mobility options, etc. A. Project Costs and Financial Performance The Project Cost is estimated at $26,280,500 based on: • $30,000 per space for parking ($16,300,000); • $150 per GSF for retail core and shell ($1,800,000); • About 37.5 percent for design, overhead, contractor costs, and contingency ($6,130,500); and • Land acquisition ($1,850,000). See section IV. Project Costs for detailed discussion. There are ongoing annual expenses for operating and maintaining the garage estimated at approximately $135,000 starting in year 1. Year 1 revenues in the garage were based on a retail lease rate of $20 per GSF and the existing city parking rate schedule (i.e. $0.50 per hour) plus a flat rate for event parking of $5.00. Assuming no change to the operating hours parking is enforced (i.e. weekdays only), the gross revenue for the proposed garage was estimated as $327,391 in year 1 and is comprised of approximately: • $120,000 for the lease of retail space (assumed as 50 percent leased in year 1, 75 percent in year 2, and fully leased in year 3); • $54,391 for non-event transient and monthly parking; and • $153,000 in event parking revenue. Year 1 gross revenues are anticipated to exceed operating expenses resulting in a net income of $198,802. Net income increases to $325,296 in year 10 and $428,643 in year 20 based on a 10 percent increase in parking and retail lease rates imposed every 5 years. Page 4 of 26 B. Project Proformas A series of financial proformas were prepared to test the sensitivity of changes to the rate structure and hours of parking enforcement. There are several measures of return on investment that can be evaluated for each proforma scenario, including net revenue and others listed in Table 15. Typically, a garage is considered financially self-sufficient if the net income covers the financing debt service by a factor of 1.2. However, it is unusual for a freestanding garage to be self-sustaining within the first 5 to 8 years of operation and most municipal garages in mid-size downtowns are financed by revenue generated by on-street parking, or in Clearwater’s case, revenue generated from beach parking. In this case, since the Project is being procured with cash, financing costs and debt service coverage is not an issue. Another measure of financial performance is calculating the net present value (NPV) of the income stream for a scenario over time. For comparison purposes, the NPV has been calculated for each scenario herein based on an initial Project cost of $26,280,500, net annual income over 30 years, at a discount rate of 5 percent (as a note the garage lifespan should be considered 50 to 60 years.) Proforma 1 is considered the Baseline Proforma and illustrates the financial performance assuming the current rate structure remains in place (see Table 12) and paid parking is enforced only during the weekdays (evenings and weekends are free). The 12,000 GSF of retail space at the first level is assumed as 50 percent leased the first year, 75 percent leased the second year and fully leased the third year at an initial rate of $20.00 per GSF. Both parking and lease rates are assumed to increase by 10 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $193,802 and a Net Present Value of negative ($19,677,156). Proforma 2 illustrates the financial performance assuming the current rate structure is bumped from $0.50 to $0.75 per hour with monthly rates unchanged (see Table 13). As a significant change, parking is enforced on weekdays, weekday evenings, and weekends (no free parking during business/dining hours). The proposed garage is reserved during all 85 weekday and weekend events. Both parking and lease rates are assumed to increase the same as Proforma 1, by 10 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $493,811 and a Net Present Value of negative ($12,383,264). Proforma 3 illustrates the financial performance assuming the current rate structure is bumped from $0.50 to $1.00 per hour with monthly rates increased from $52.97 to $75.00 (see Table 14). Parking is enforced during all weekday and weekend business/dining hours. The flat rate charge for event parkers is assumed to vary from $8.00 for small events to $12.00 for mid-size events and $17.50 for large events. Both parking and lease rates are shown as increasing by 15 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $730,895 and the Net Present Value is a positive $345,017. Proforma 4 illustrates the financial performance assuming the current rate structure is bumped from $0.50 to $2.00 per hour with monthly rates increased from $52.97 to $90.00 (see Table 15). Parking is enforced during all weekday and weekend business/dining hours. The flat rate charge for event parkers is assumed to increase to $10.00 for small events to $15.00 for mid-size events and $20.00 for large events. Both parking and lease rates are shown as increasing in this scenario by 25 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $1,065,579 and the Net Present Value is a positive $16,461,565. Page 5 of 26 II. INTRODUCTION DESMAN, Inc. (DESMAN) was authorized by the City of Clearwater, under Purchase Order 22000799 to prepare an analysis for a proposed new parking garage in downtown Clearwater to serve Imagine Clearwater, nearby development, and in support of redevelopment. The Project is proposed to be located in the northeast quadrant of S. Osceola Boulevard and Pierce Street on an existing surface lot currently owned by the Peace Memorial Church. As of June 8, 2022, the City was in negotiations with the Church for acquisition of the property. The analysis presented herein is a summary of several tasks undertaken to determine if the proposed garage site is adequate to accommodate a garage that meets the city’s needs, identification of what the anticipated demand and revenues might be, as well as provide an estimate of initial construction costs and expenses to operate and maintain the garage over its useful life. This information is presented in the following sections: • Section III - Project Definition; • Section IV - Project Construction Costs; • Section V - Parking Demand; and • Section VI - Parking Financials. Although it is our understanding that the city intends to acquire the property and construct the garage with cash, the analysis considers financing scenarios that provide a baseline and markers to compare the benefits and impacts of changes in demand, rates charged for parking, and changes to the hours and days parking is enforced. This information is provided so that the city understands the outcome related to those decisions. Page 6 of 26 III. PROJECT DEFINITION Figure 1 illustrates Downtown Clearwater and central to the downtown is the Imagine Clearwater site, two blocks south is the proposed garage site and across S. Osceola Avenue are three Community Redevelopment Sites, the Harborview Site, the City Hall Site, and a Vacant Site. The Project site is shown in blue located at 107 S. Osceola Avenue in the northeast quadrant of S. Osceola Boulevard and Pierce Street on an existing surface lot currently owned by the Peace Memorial Presbyterian Church. The site is approximately 160’± along Pierce Street by 225’± along S. Osceola Avenue. An existing alley runs along the east edge of the garage throughout the site. The intersection of S. Osceola Avenue and Pierce Street is a four-way stop-signed controlled intersection. Figure 1 – Location Map We understand the Project's goal is to provide at least 550 parking spaces to support Imagine Clearwater parking needs, redevelopment in the area, particularly the Bluffs area and provide adequate parking to meet the Church’s parking needs. In addition, city code requires the first level (at-grade) of the garage to be leased space for retail, commercial or similar uses to activate the frontage along S. Osceola Avenue and Pierce Street. As a result, the preparation of preliminary drawings was necessary to determine the feasibility of satisfying the parking space count and first-level retail needs within the confines of the proposed site. Page 7 of 26 In addition, several potential amenities have been discussed, but are not specifically addressed or included in the cost analysis, including: • A photovoltaic solar array at the roof level; • An overhead pedestrian bridge east to connect with Peace Memorial Presbyterian Church; • A dynamic space count and display system; • Parksmart Certification; and • An outdoor plaza/seating along S. Osceola Avenue We believe these features should be studied during preliminary design and programming with the selected design Architect/Engineer (A/E) to determine if they should be included in the Project. Figure 2 provides a higher-scale image of the proposed garage site. A. Functional Design Figures 3 through 6 illustrate sketches for the functional design, including the location of the access drive, traffic circulation, vertical ramping, and configuration and the number of parking spaces for the first level, the second level, a typical level, and the roof level. To provide 550 spaces and accommodate the first-level retail use, the proposed garage will require 6½ elevated levels plus the first level. Typically, a garage with two parking bays should be limited to five or six levels before reaching the roof to reduce traffic circulation and driver fatigue when searching for a space. However, this tends to be more of an issue when there are frequent, daily parkers such as office employees rather than a user who may be parking in the upper levels two or three times a year during a special event. In addition, the expectation of a parker can be addressed before they enter a garage using a space count system that tells a user where a parking space is, thereby eliminating any driver frustration that could occur. In addition, gateless access and flat-rate pricing will reduce exiting delays after an event. Figure 2 – Proposed Garage Site B. Traffic Circulation As a parker enters the garage from the two-way driveway from S. Osceola Avenue. They are accounted for through a parking access and revenue control system (PARCS) which may be comprised of one or more control systems including proximity cards, license plate recognition, ticket spitters, or other technology. As mentioned previously, it may also be desirable to create a link between the entrance in the garage to an external dynamic message sign that indicates what levels have available parking. The user continues through the control area and up to the second level of parking through a right-turn onto a speed ramp. The speed ramp allows parkers to enter the parking levels approximately 18’ over Page 8 of 26 the first level, thereby creating enough clear height below for retail uses to be located at grade. The entire garage provides a 24’ two-way traffic circulation aisle, double-loaded with 90-degree parking within a 60’ parking bay. The ramping from the first to the second level is about 4.2 percent in each parking bay (each parking bay rising 5’7”) creating a floor-to-floor height of 11’2” and a clear height of 8’2” to accommodate van-accessible spaces. The ramping through the rest of the parking bays in the garage is about 4 percent creating a floor-to- floor height of 11’ and a floor-to-ceiling minimum clearance of 7’. Figure 3 – Site Plan Page 9 of 26 Figure 4 – Grade Level and First Level Figure 5 – Typical and Roof Level Page 10 of 26 Figure 6 – Garage Section C. Number of Parking Spaces Shown in Table 1 is the number of spaces in the proposed garage by floor/level. On the first level (at- grade), there are 20 perpendicular parking spaces located along the existing alley on the east side of the garage (including one accessible space.) Within the garage, there are 48 parking spaces shown on the second level and 85 parking spaces on the third through the fifth levels, 87 spaces on levels six and seven plus 73 spaces located in the single bay at the roof level. The twelve accessible spaces are located closest to the elevator core in the southwest corner on the second through fifth levels. The preliminary drawings herein reflect 550 spaces in the garage and 20 surface spaces located along the alley on the east side of the garage. The surface parking is shown for illustrative purposes, while the garage costs and layouts assume 550 spaces within the garage footprint. If the 20 spaces were to remain as shown, the total space count would be 570 spaces on the site. Alternatively, the surface parking could be eliminated and the garage footprint moved about 20’ further to the east creating a wider buffer area between the garage and S. Osceola Avenue. This buffer area could accommodate a variety of functions such as creating an outdoor dining plaza/terrace area, a mini-park public area, space for locating micro-mobility options, etc. D. Summary The city setback requirements on Pierce Street are 3’ from the property line (assuming Pierce Street is the front setback) and 1’ along S. Osceola Avenue (assumed as the side setback). The total building area amounts to approximately 208,000 gross square feet (GSF) with approximately 12,000 GSF of retail space located at the first level. The building footprint as shown is 123’ wide by 222’ long. This space geometry meets building code and zoning municipal ordinance requirements with Page 11 of 26 spaces 9’ wide by 18’ deep plus 24’ wide circulation aisles. The first-level floor-to-floor height is approximately 18’ in the retail areas, allowing for a 15’ floor-to-ceiling clear height, the second level of the garage has a floor-to-ceiling height of at least 8’2” to accommodate van-accessible spaces and the typical floor-to-floor parking height is 11’0” providing a minimum clear height of 7’. The overall building height is 89’5” measured to the highest point of the roof level slab. Table 1 – Parking Spaces Level Spaces First Level 0 Second Level 48 Third Level 85 Fourth Level 85 Fifth Level 85 Sixth Level 87 Seventh Level 87 Roof Level 73 Total 550 Page 12 of 26 IV. PROJECT COSTS Project Costs were estimated based on the last known information on land acquisition for the site, an opinion of probable construction costs for the garage (per parking space) and retail core and shell space, and typical project-related costs for A/E design, overhead, contingency, and contractor costs. Table 2 – Opinion of Probable Project Costs Table 2 list the preliminary opinion of probable construction costs for a proposed 550-space garage. The garage construction is estimated at $16,500,000 at $30,000 per space plus a retail core and shell estimate of $1,800,000 at $150 per GSF. The Project Construction Costs include A/E design, overhead, contractor’s costs, and contingency for a total of $6,130,000. Land acquisition at $1,850,000 results in a total Project Cost of $26,280,000 or $47,783 per space. Although 20 of the 550 spaces accounted for in the development site are at-grade in the alley and would normally be considered as part of the site development cost rather than structured parking at $47,783 per space. The spaces at-grade were added to provide proximal, convenient, low-cost parking to the Project and to minimize the height of the garage. However, the construction cost listed above assumes all of the 550 spaces are located in the garage if the city decides to eliminate the at-grade spaces. A. Project Financial Proforma Baseline A project financial proforma baseline (Proforma 1) was developed to provide a means of evaluating the financial performance of the garage based on no financing costs (cash procurement), estimates for operating and maintenance costs, various user demands, and event attendance while maintaining the current transient and monthly parking rates, and hours of operation. Other ongoing expenses were considered as part of the costs for the proposed garage including a capital expense (Capex) budget that is used to fund scheduled maintenance or equipment upgrades (see Table 3). The Capex Garage Construction Costs Garage Spaces 550 Construction Cost per Space $30,000 Garage Construction Costs $16,500,000 Retail Space Gross Square Feet 12,000 Core and Shell Cost/GSF $150 Construction Costs $1,800,000 Garage and Retail Const Cost $18,300,000 Project Construction Costs Design Services 6.0%$1,098,000 General Conditions 6.0%$1,098,000 Contractor Overhead 5.0%$915,000 Insurance 1.5%$274,500 Testing & Inspection 1.5%$274,500 Bond/Financing Misc 1.5%$274,500 Contingency 12.0%$2,196,000 Subtotal 37.2%$6,130,500 Land Acquisition $1,850,000 Project Costs Total Project Costs $26,280,500 Total Project Cost per Space $47,783 Page 13 of 26 costs are estimated at $100 per year, per space, or about $55,000 in year 1. Operating expenses including administrative/banking costs, security and utilities start at about $78,589 in Year 1 (based on annual expenses of the Garden Garage). Finally, over a 20 to 30-year proforma term, escalation rates are applied to account for inflation. Historical data indicates that the annual inflation rate runs over cycles and has been included to reflect those cycles. Table 3 – On-going Expenses and Factors 1 2.5% years 2-10, 0% years 11-20, 2.5% years 21-30 2 2.0% years 2-30 The city’s current rate structure and operating hours (weekdays only) would be incorporated into the baseline analysis. The detailed proforma and financial evaluation of the baseline and several scenarios are discussed in section VI. Parking Financial Analysis of this memorandum. B. Project Financial Proforma Scenarios Section V. Parking Financial Analysis provides a detailed discussion and a comparison of proforma summaries for the garage under several operating scenarios. The comparison is intended to: 1) Identify financial obligations over time related to operating and maintaining the garage; 2) Understand the city’s return on investment under different scenarios; and 3) Allow informed decisions relative to the impact and benefits of changing the rate structure, operating hours, or both. See Section VI. Parking Financial Analysis for more information. Capital Expense (@ $100/space)$55,000 Year 1 Operating Expense (admin, utilities, security)$78,589 Year 1 Annual Inflation Rate1 2.5%Year 2 Escalation in Parking Rates2 2.0%Year 2 Page 14 of 26 V. PARKING DEMAND The primary purpose for constructing the proposed garage is to support events at Imagine Clearwater and in support of areawide redevelopment. Consequently, an estimate of parking demand associated with Imagine Clearwater events is necessary to develop revenue projections and determine how the garage might best accommodate parking demand during event and non-event days. In addition, estimates of the parking demand for the proposed garage will be translated into revenue and used in the proforma model to evaluate the financial performance of the garage. This section of the report will provide a summary of the approach taken to estimate existing parking demand, parking demand associated with future development, and parking demand associated with Imagine Clearwater events. The parking demand estimates assume that the proposed garage is constructed and open to serve the completed Imagine Clearwater. The analysis details include both peak-season parking demand and off- peak parking demand with peak season defined as the period from January 1st through April 30th. The off- peak parking demand was reduced to 70 percent of the peak season demand. The parking demand is presented in two sections, the first (A. Non-Event Day Parking Demand) describes the anticipated parking demand during non-event days and the second (B. Event Day Parking Demand) describes the anticipated parking demand when events occur. A. Non-Event Day Parking Demand The different types of users anticipated to use the garage are listed in Table 5. The number of parking spaces listed represents the peak parking demand throughout the day for both peak-season and off- peak season weekdays and weekends. Each of the users listed in Table 5 is discussed in greater detail following this section. Table 5 reflects the estimated parking demand for the proposed garage during non-event days. Assuming 85 event days (discussed in B. Event Day Parking Demand), 271 non-event days would occur annually. Table 4 – Non-Event Peak Hour Weekday Parkers Parkers Weekdays Weekends Weekdays Weekends Park Visitors 18 23 13 16 Existing Transient 40 55 28 39 Bluff Transient 201 178 141 125 Monthly Parkers 10 10 10 10 Church 25 25 20 20 Total 294 291 211 209 Peak Season (JAN-APR)Off-Peak Season Page 15 of 26 Table 6 is an intermediate calculation that illustrates the number of annual persons (not vehicles) expected to use the garage annually as well as the associated number of vehicles parked in the proposed garage in a year. As an example, 23,903 visitors are expected to visit the park in a year averaging 2.8 persons per car resulting in 8,537 parked cars annually. Table 5 – Annual Persons and Parked Cars Table 5 will be referenced in the following sections that include a brief description of each of the user types that are parking in the proposed garage during non-event days. 1. Non-Event Transient Parking Demand Currently, based partly on data and information from the Downtown Parking Study (February 2019), as well as discussion with city staff and our experience there appears to be an excess of parking capacity within the downtown and as a result peak occupancies (parking use during the busiest part of the day) average from 40 to 50 percent in both city and private structured and surface parking facilities, as well as on-street. If the Peace Memorial Garage was constructed and operating today, as shown in Table 5, we estimate a peak period demand of about 40-55 parkers during peak-season weekdays and weekends and 30-40 parkers during the same periods in the off-season. As shown in Table 5, that translates to about 26,119 vehicles that are parked in the garage annually. 2. Non-Event Monthly Parkers In discussions with the city, it was decided that a placeholder for 10 monthly parkers will be modeled in the garage year-round. These spaces would be considered reserved and intended for downtown residents, employees, or municipal vehicles to be determined at a later date. 3. Non-Event Peace Memorial Church Parkers Without knowing the final decisions involved in the negotiations with the Church, a placeholder was created in the model for 25 spaces reserved during peak season and 20 spaces reserved for off-season during weekdays and weekends for use by Peace Memorial Church. This number is flexible and does not have a significant impact on the final parking demand or revenue forecasts. That translates to about 17,800 persons who would use the garage annually. 4. Non-Event Imagine Clearwater Park Visitors Assuming Imagine Clearwater improvements are in-place and the passive areas of the park are open for visitors, as shown in Table 7 below, we estimate a peak hour demand for 18 to 23 spaces during peak season and between 13 and 16 spaces off-season during weekdays and weekends. Parker Type Persons Parked Cars Park Visitors 23,903 8,537 Existing Transient 54,850 26,119 Bluff Transient 237,072 112,891 Monthly 4,380 3,650 Church 17,775 11,850 Page 16 of 26 Table 6 – Park Visitors As shown in Table 7, the daily peak hour parking demand (if totals are added) translates to about 23,900 visitors annually. 5. Non-Event Bluff Redevelopment Parkers The Bluff area is located within a city Opportunity Zone and is located within walking distance of the proposed garage. The city is actively pursuing redevelopment of the Bluff area including the Harborview Center and the City Hall site and while no development program has been defined, Table 8 illustrates the assumptions made to determine parking demand for the model. As shown below, the assumptions include multiple restaurants totaling about 20,000 gross square feet (GSF), commercial uses of approximately 15,000 GSF, a 120-room hotel, and 140 multi-family residential units. The weekday and weekend peak parking demand is listed for each of the program elements. Table 7 – Bluff Redevelopment Parking Demand Our analysis assumed that the hotel and residential development would provide parking on-site as part of their development programs. However, the restaurant and commercial uses would not have on-site parking and would be reliant on on-street, surface, and structured parking in the area. This provides an opportunity to park much of the demand generated by these uses in the proposed garage. As shown in Table 8, the anticipated on-event parking use of the garage is significant with about 201 and 178 parkers during the evening hour peak season weekdays and weekends, respectively, and about 141 and 125 parkers during the evening peak hour off-season weekdays and weekends, respectively. This translates into about 113,000 parked vehicles annually. 6. Non-Event Excess Capacity The proposed garage would be expected to have between 200 and 300 spaces available during the peak periods and greater than that during off-peak periods. This provides an opportunity for the city to market the proposed garage as an incentive for redevelopment. Weekdays Weekends Weekdays Weekends Days 82 38 166 79 Peak Hour Attendance 50 65 35 45 Daily Attendance 75 98 53 68 Pk Hr Parking Demand 18 23 13 16 Duration (hours)1.5 1.5 1.5 1.5 Turnover (per day)1.5 1.5 1.5 1.5 Daily Parking Hours 40 52 28 36 Annual Attendance 6,150 3,705 8,715 5,333 Peak Season (JAN-APR)Off-Peak Season (70%) Land Use Size 2pm 8pm 2pm 8pm Restaurant (GSF)20,000 165 215 137 247 Retail (GSF)15,000 36 26 41 26 Hotel (Rooms)120 60 61 57 58 Residential (Units)140 240 240 240 240 Non-Reserved Demand 201 241 178 273 WeekendWeekday Page 17 of 26 B. Event Day Parking Demand A series of assumptions were made to estimate event attendance, the number of events during the year (peak-season and off-peak season), and resultant parking demand. The first assumption made based on discussions with city staff was the typical event size. As shown in Table 9, events were categorized as either large, mid-size, or small, represented by event attendance of 10,000, 6,000, or 2,500 persons per day, respectively. An industry-standard assumption of 3.0 persons per car was assumed, which accounts for multi-modal trips and results in the estimated parking demand per event type shown in Table 9. Table 8 – Event Types The next assumption was to estimate the number of events that might occur during a weekday and evening during either the peak season or off-peak season and for each of the event types, large, mid- size, or small. Table 10 illustrates the results of the estimate. In summary, there were 85 events evaluated in the parking demand model, with 37 occurring in the peak-season and 48 in the off-peak season. The estimated annual total attendance for all events shown in Table 10 is 420,500. Table 9 – Event Characteristics Further analysis of the estimated event information is summarized in Table 11 which is used along with information in Table 10 in the parking demand model and proforma. Table 10 – Parking Demand by Event C. Summary The majority of events are assumed as small with a total of 45 event days (20 on weekdays and 25 on the weekends), there were also 23 mid-size events (9 on weekdays and 14 on weekends) and 17 large events (6 on weekdays and 11 on weekends) modeled. Event Size Attendance Parking Demand Small 2,500 833 Mid-size 6,000 2,000 Large 10,000 3,333 Annual Weekdays Weekends Weekdays Weekends Days Attendance Days 82 38 166 79 365 Large Daytime 2 2 1 2 7 70,000 Evening 2 3 1 4 10 100,000 Mid-Size Daytime 2 2 2 5 11 66,000 Evening 3 2 2 5 12 72,000 Small Daytime 4 5 4 8 21 52,500 Evening 6 4 6 8 24 60,000 Subtotal 19 18 16 32 85 420,500 Peak Season (JAN-APR)Off-Peak Season Event Size Attendance Parking Demand Weekdays Weekends Small 2,500 833 20 25 Mid-size 6,000 2,000 9 14 Large 10,000 3,333 6 11 No. of Events Page 18 of 26 Additional assumptions were made for the operation of the garage during event days. There could be various operating scenarios, but two were considered for this analysis, 1) the garage is open only to event attendees during event days, or 2) a portion of the garage is reserved for event attendees during event days. This analysis assumes that since the proposed garage's primary purpose is to support Imagine Clearwater, the garage will be only open to event attendee parking. The small event parking demand was estimated at 833 vehicles, while the mid-size and large events were estimated at 2,000 and 3,333 vehicles respectively, so the 550 spaces in the proposed garage would be fully occupied for all 85 events. While there could be some excess capacity available during small or mid-size events, this operating scenario should be adjusted over time as more experience is gained. Based on the parking demand discussions for Non-Event and Event Day and the size of the proposed garage and cost considerations, a proforma model was developed to illustrate the financial performance under several scenarios as discussed in the next section. Page 19 of 26 VI. PARKING FINANCIAL ANALYSIS A series of proformas were developed to model parking demand and the financial performance of the proposed garage under several different scenarios. The financial analysis was prepared to estimate the city’s financial obligations over the next 20 to 30 years assuming current trends continue. The proformas cover a 20 to 30 term, although we typically focus on the first 10 years of the analysis. Year 1 is the first full year the garage is open. All proformas are based on the information presented in section III. Project Costs. A. Proformas As mentioned previously, the intent of the comparison is to 1) determine financial obligations over time related to operating and maintaining the garage; 2) understand the return on investment under different scenarios, and 3) allow informed decisions on the impact and benefits of changing the rate structure, operating hours or both. The proformas should be viewed as a sensitivity analysis and not as any specific recommendation. There are four proformas summarized in Tables 12 through 14 of this section with the detailed proformas included in the Appendix covering the following financial scenarios: 1. Baseline Proforma 1 – Assumes that the current rate structure remains in place (see Table 12) and paid parking is enforced only during the weekdays (evenings and weekends are free). Furthermore, the garage is reserved for event parking only during all event days and event parkers are charged a $5.00 flat rate for small, mid-size, or large events. Fifteen event days occur during weekdays with all other events occurring on weekday evenings or weekends. Consequently, parking revenue is generated for the events on weekdays only. Transient and some monthly parkers occupy the garage during other non-event days. The 12,000 GSF of retail space at the first level is assumed as 50 percent leased the first year, 75 percent leased the second year and fully leased the third year at an initial rate of $20.00 per GSF. Both parking and lease rates are assumed to increase by 10 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $193,802. The estimated Net Present Value for the Baseline scenario is ($19,677,156). 2. Proforma 2 – Assumes that the current rate structure is bumped from $0.50 to $0.75 per hour with monthly rates unchanged (see Table 13). However, parking is enforced on weekdays, weekday evenings, and weekends (no free parking during business/dining hours). The proposed garage is reserved during all 85 events. The flat rate charge for event parkers is increased to $6.00 for all event types. Transient and some monthly parkers occupy the garage during other non-event days. The commercial lease assumptions remain unchanged. Both parking and lease rates are assumed to increase the same as Proforma 1, by 10 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $493,811. The estimated Net Present Value increases in this scenario but is still negative at ($12,383,264). 3. Proforma 3 – Assumes that the current rate structure is bumped from $0.50 to $1.00 per hour with monthly rates increased from $52.97 to $75.00 (see Table 14). Parking is Page 20 of 26 enforced during all weekday and weekend business/dining hours. The flat rate charge for event parkers is assumed to vary from $8.00 for small events to $12.00 for mid-size events and $17.50 for large events. Transient and some monthly parkers occupy the garage during other non-event days. The commercial lease assumptions remain unchanged although, both parking and lease rates are shown as increasing by 15 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $730,895. The estimated Net Present Value increase in this scenario is a positive $345,017. 4. Proforma 4 – Assumes that the current rate structure is bumped from $0.50 to $2.00 per hour with monthly rates increased from $52.97 to $90.00 (see Table 15). Parking is enforced during all weekday and weekend business/dining hours. The flat rate charge for event parkers is assumed to increase to $10.00 for small events to $15.00 for mid-size events and $20.00 for large events. Transient and some monthly parkers occupy the garage during other non-event days. The commercial lease assumptions remain unchanged although, both parking and lease rates are shown as increasing in this scenario by 25 percent every five years. Under this scenario, the garage has an anticipated first-year net income of $1,065,579. The estimated Net Present Value for this scenario increases to a positive $16,461,565. Table 12 through 15 lists the significant elements of the proformas and summarize the preceding discussion. Table 11 – Proforma 1, Baseline - Existing Rates/Weekdays Only Table 12 – Proforma 2, Increase Rates Year 1 & 10% Every 5 Yrs/Weekdays & Weekends Rates Year 1 Year 6 Year 16 Year 21 Year 26 Year 30 All Events - Flat Fee $5.00 $5.50 $6.66 $7.32 $8.05 $8.05 Monthly Parkers $52.97 $58.26 $70.50 $77.55 $85.30 $85.30 All Transient Parkers - Hourly $0.50 $0.55 $0.67 $0.73 $0.81 $0.81 Retail Lease Revenue $120,000 $264,000 $319,440 $351,384 $386,522 $386,522 Event Parking Revenue $153,000 $168,300 $203,643 $224,007 $246,408 $246,408 Non-Event Parking Revenue $54,391 $59,830 $72,394 $79,633 $87,597 $87,597 Total Gross Revenue $327,391 $492,130 $595,477 $655,025 $720,527 $720,527 Net Income $193,802 $340,986 $428,643 $484,020 $527,051 $506,965 Net Present Value ($19,677,156) Rates Year 1 Year 6 Year 16 Year 21 Year 26 Year 30 All Events - Flat Fee $6.00 $6.60 $7.99 $8.78 $9.66 $9.66 Monthly Parkers $52.97 $58.26 $70.50 $77.55 $85.30 $85.30 All Transient Parkers - Hourly $0.75 $0.83 $1.00 $1.10 $1.21 $1.21 Retail Lease Revenue $120,000 $264,000 $319,440 $351,384 $386,522 $386,522 Event Parking Revenue $280,500 $488,400 $590,964 $650,060 $715,066 $715,066 Non-Event Parking Revenue $172,900 $199,920 $250,197 $281,932 $317,698 $323,893 Total Gross Revenue $573,400 $952,320 $1,160,601 $1,283,376 $1,419,286 $1,425,482 Net Income $439,811 $801,177 $993,767 $1,112,371 $1,225,810 $1,211,920 Net Present Value ($12,383,264) Page 21 of 26 Table 13 – Proforma 3, Increase Rates Year 1 & 15% Every 5 Years/Weekdays & Weekends Table 14 – Proforma 4, Increase Rates Year 1 and 25% Every 5 Years/Weekdays & Weekends Also, please note in Proforma 1 and to a lesser extent the rest of the proformas, that the commercial lease revenue comprises over 50 percent of the total gross revenue stream in the third year. This space generates far more revenue per GSF than parking does and needs to be considered in the evaluation. B. Other Event Parking Revenue Section IV. Parking Demand, B. Event Day Parking the number of events and related parking demand was presented. Assuming the proposed garage is 550 spaces and there are 85 events with a parking demand of 833 to 3,333 spaces, there is a significant opportunity to generate additional parking revenue in downtown municipal facilities during those event days. This revenue is not reflected in the financial proformas for the proposed garage, but there will be significant revenue generated that could be directed towards the financial support of the proposed garage. Rates Year 1 Year 6 Year 16 Year 21 Year 26 Year 30 Small Events - Flat Fee $8.00 $9.20 $12.17 $13.99 $16.09 $16.09 Mid-size Events - Flat Fee $12.00 $13.80 $18.25 $20.99 $24.14 $24.14 Large Events - Flat Fee $17.50 $20.13 $26.62 $30.61 $35.20 $35.20 Monthly Parkers $75.00 $86.25 $114.07 $131.18 $150.85 $150.85 All Transient Parkers - Hourly $1.00 $1.15 $1.52 $1.75 $2.01 $2.01 Retail Lease Revenue $120,000 $276,000 $365,010 $419,762 $482,726 $482,726 Event Parking Revenue $513,425 $1,118,950 $1,479,811 $1,701,783 $1,957,051 $1,957,051 Non-Event Parking Revenue $231,059 $279,281 $381,986 $449,978 $530,085 $540,402 Total Gross Revenue $864,484 $1,674,231 $2,226,807 $2,571,523 $2,969,861 $2,980,178 Net Income $730,895 $1,523,087 $2,059,973 $2,400,518 $2,776,385 $2,766,616 Net Present Value $345,017 Rates Year 1 Year 6 Year 16 Year 21 Year 26 Year 30 Small Events - Flat Fee $10.00 $12.50 $19.53 $24.41 $30.52 $30.52 Mid-size Events - Flat Fee $15.00 $18.75 $29.30 $36.62 $45.78 $45.78 Large Events - Flat Fee $20.00 $25.00 $39.06 $48.83 $61.04 $61.04 Monthly Parkers $90.00 $112.50 $175.78 $219.73 $274.66 $274.66 All Transient Parkers - Hourly $2.00 $2.50 $3.91 $4.88 $6.10 $6.10 Retail Lease Revenue $120,000 $300,000 $468,750 $585,938 $732,422 $732,422 Event Parking Revenue $624,250 $1,450,000 $2,265,625 $2,832,031 $3,540,039 $3,540,039 Non-Event Parking Revenue $454,918 $598,133 $967,038 $1,238,655 $1,586,584 $1,617,890 Total Gross Revenue $1,199,168 $2,348,133 $3,701,413 $4,656,624 $5,859,045 $5,890,351 Net Income $1,065,579 $2,196,989 $3,534,579 $4,485,619 $5,665,568 $5,676,789 Net Present Value $16,461,565 Page 22 of 26 Appendix Table Page 23 of 26 Appendix Table 1 – Baseline Proforma YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RATES - WEEKDAYS UNTIL 8PM Small Events - Flat Fee $5.00 $5.00 $5.00 $5.00 $5.00 $5.50 $5.50 $5.50 $5.50 $5.50 $6.05 $6.05 $6.05 $6.05 $6.05 $6.66 $6.66 $6.66 $6.66 $6.66 Mid-size Events - Flat Fee $5.00 $5.00 $5.00 $5.00 $5.00 $5.50 $5.50 $5.50 $5.50 $5.50 $6.05 $6.05 $6.05 $6.05 $6.05 $6.66 $6.66 $6.66 $6.66 $6.66 Large Events - Flat Fee $5.00 $5.00 $5.00 $5.00 $5.00 $5.50 $5.50 $5.50 $5.50 $5.50 $6.05 $6.05 $6.05 $6.05 $6.05 $6.66 $6.66 $6.66 $6.66 $6.66 Park Visitors - Hourly $0.50 $0.50 $0.50 $0.50 $0.50 $0.55 $0.55 $0.55 $0.55 $0.55 $0.61 $0.61 $0.61 $0.61 $0.61 $0.67 $0.67 $0.67 $0.67 $0.67 Monthly Parkers $52.97 $52.97 $52.97 $52.97 $52.97 $58.26 $58.26 $58.26 $58.26 $58.26 $64.09 $64.09 $64.09 $64.09 $64.09 $70.50 $70.50 $70.50 $70.50 $70.50 Church Parkers $0.50 $0.50 $0.50 $0.50 $0.50 $0.55 $0.55 $0.55 $0.55 $0.55 $0.61 $0.61 $0.61 $0.61 $0.61 $0.67 $0.67 $0.67 $0.67 $0.67 All Transient Parkers - Hourly $0.50 $0.50 $0.50 $0.50 $0.50 $0.55 $0.55 $0.55 $0.55 $0.55 $0.61 $0.61 $0.61 $0.61 $0.61 $0.67 $0.67 $0.67 $0.67 $0.67 Retail Lease Rate per GSF $20.00 $20.00 $20.00 $20.00 $20.00 $22.00 $22.00 $22.00 $22.00 $22.00 $24.20 $24.20 $24.20 $24.20 $24.20 $26.62 $26.62 $26.62 $26.62 $26.62 Average Escalation in Rates 0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0% ANNUAL PARKERS - PERSONS Imagine Clearwater - All Events Small Events 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 Mid-size Events 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 Large Events 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 Subtotal Imagine Clearwater 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 Park Visitors 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 Monthly Parkers 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 Church Parkers 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 Transient Parkers 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 Bluff Transient 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 Total Persons 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 GARAGE USERS - DAYTIME ANNUAL Event Weekdays (15)408 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 30,600 Park Visitors (spaces)16 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 5,566 Monthly (spaces)10 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 43,800 Church Parkers (spaces)22 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 8,445 Transient Cars (spaces)36 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 16,623 Bluff Transient (spaces)201 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 33,413 Peak Occupancy (spaces)284 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 138,446 Peak Occupancy % Non-Event 52% Peak Occupancy % Event 100% GARAGE PARKING REVENUE - WEEKDAYS ONLY Retail Lease Revenue (GSF)12,000 $120,000 $180,000 $240,000 $240,000 $240,000 $264,000 $264,000 $264,000 $264,000 $264,000 $290,400 $290,400 $290,400 $290,400 $290,400 $319,440 $319,440 $319,440 $319,440 $319,440 Imagine Clearwater Small Events - Flat Fee 81,600 81,600 81,600 81,600 81,600 89,760 89,760 89,760 89,760 89,760 98,736 98,736 98,736 98,736 98,736 108,610 108,610 108,610 108,610 108,610 Mid-size Events - Flat Fee 40,800 40,800 40,800 40,800 40,800 44,880 44,880 44,880 44,880 44,880 49,368 49,368 49,368 49,368 49,368 54,305 54,305 54,305 54,305 54,305 Large Events - Flat Fee 30,600 30,600 30,600 30,600 30,600 33,660 33,660 33,660 33,660 33,660 37,026 37,026 37,026 37,026 37,026 40,729 40,729 40,729 40,729 40,729 Subtotal Imagine Clearwater 153,000 153,000 153,000 153,000 153,000 168,300 168,300 168,300 168,300 168,300 185,130 185,130 185,130 185,130 185,130 203,643 203,643 203,643 203,643 203,643 Park Visitors - Hourly 4,174 4,174 4,174 4,174 4,174 4,592 4,592 4,592 4,592 4,592 5,051 5,051 5,051 5,051 5,051 5,556 5,556 5,556 5,556 5,556 Monthly Parkers 6,356 6,356 6,356 6,356 6,356 6,991 6,991 6,991 6,991 6,991 7,691 7,691 7,691 7,691 7,691 8,460 8,460 8,460 8,460 8,460 Church - Hourly 6,334 6,334 6,334 6,334 6,334 6,967 6,967 6,967 6,967 6,967 7,664 7,664 7,664 7,664 7,664 8,430 8,430 8,430 8,430 8,430 Transient Parkers - Hourly 12,467 12,467 12,467 12,467 12,467 13,714 13,714 13,714 13,714 13,714 15,086 15,086 15,086 15,086 15,086 16,594 16,594 16,594 16,594 16,594 Bluff Transient - Hourly 25,060 25,060 25,060 25,060 25,060 27,565 27,565 27,565 27,565 27,565 30,322 30,322 30,322 30,322 30,322 33,354 33,354 33,354 33,354 33,354 TOTAL GROSS REVENUE $327,391 $387,391 $447,391 $447,391 $447,391 $492,130 $492,130 $492,130 $492,130 $492,130 $541,343 $541,343 $541,343 $541,343 $541,343 $595,477 $595,477 $595,477 $595,477 $595,477 Gross Revenue per Space $595 $704 $813 $813 $813 $895 $895 $895 $895 $895 $984 $984 $984 $984 $984 $1,083 $1,083 $1,083 $1,083 $1,083 Escalation in Expenses n/a 2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% EXPENSES Back Office/Administrative 5,867 6,013 6,164 6,318 6,476 6,638 6,804 6,974 7,148 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 Security/Cleaning/Other 33,000 33,825 34,671 35,537 36,426 37,336 38,270 39,227 40,207 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 Utilities, Misc Expenses 39,722 40,715 41,733 42,776 43,846 44,942 46,066 47,217 48,398 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 Capital Expense 55,000 56,375 57,784 59,229 60,710 62,227 63,783 65,378 67,012 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 BLANK TOTAL EXPENSES $133,589 $136,929 $140,352 $143,861 $147,457 $151,144 $154,922 $158,795 $162,765 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 Expense per Space $243 $249 $255 $262 $268 $275 $282 $289 $296 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 Net Income $193,802 $250,462 $307,039 $303,530 $299,934 $340,986 $337,208 $333,335 $329,365 $325,296 $374,508 $374,508 $374,508 $374,508 $374,508 $428,643 $428,643 $428,643 $428,643 $428,643 Accumulated Net Income $193,802 $444,264 $751,303 $1,054,833 $1,354,766 $1,695,752 $2,032,960 $2,366,294 $2,695,659 $3,020,955 $3,395,463 $3,769,972 $4,144,480 $4,518,989 $4,893,497 $5,322,140 $5,750,783 $6,179,425 $6,608,068 $7,036,711 Page 24 of 26 Appendix Table 2 – Proforma 2, Increase Rates Year 1 & 10% Every 5 Yrs/Weekdays & Weekends YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RATES - NO FREE PARKING Small Events - Flat Fee $6.00 $6.00 $6.00 $6.00 $6.00 $6.60 $6.60 $6.60 $6.60 $6.60 $7.26 $7.26 $7.26 $7.26 $7.26 $7.99 $7.99 $7.99 $7.99 $7.99 Mid-size Events - Flat Fee $6.00 $6.00 $6.00 $6.00 $6.00 $6.60 $6.60 $6.60 $6.60 $6.60 $7.26 $7.26 $7.26 $7.26 $7.26 $7.99 $7.99 $7.99 $7.99 $7.99 Large Events - Flat Fee $6.00 $6.00 $6.00 $6.00 $6.00 $6.60 $6.60 $6.60 $6.60 $6.60 $7.26 $7.26 $7.26 $7.26 $7.26 $7.99 $7.99 $7.99 $7.99 $7.99 Park Visitors - Hourly $0.75 $0.75 $0.75 $0.75 $0.75 $0.83 $0.83 $0.83 $0.83 $0.83 $0.91 $0.91 $0.91 $0.91 $0.91 $1.00 $1.00 $1.00 $1.00 $1.00 Monthly Parkers $52.97 $52.97 $52.97 $52.97 $52.97 $58.26 $58.26 $58.26 $58.26 $58.26 $64.09 $64.09 $64.09 $64.09 $64.09 $70.50 $70.50 $70.50 $70.50 $70.50 Church Parkers $0.75 $0.75 $0.75 $0.75 $0.75 $0.83 $0.83 $0.83 $0.83 $0.83 $0.91 $0.91 $0.91 $0.91 $0.91 $1.00 $1.00 $1.00 $1.00 $1.00 All Transient Parkers - Hourly $0.75 $0.75 $0.75 $0.75 $0.75 $0.83 $0.83 $0.83 $0.83 $0.83 $0.91 $0.91 $0.91 $0.91 $0.91 $1.00 $1.00 $1.00 $1.00 $1.00 Retail Lease Rate per GSF $20.00 $20.00 $20.00 $20.00 $20.00 $22.00 $22.00 $22.00 $22.00 $22.00 $24.20 $24.20 $24.20 $24.20 $24.20 $26.62 $26.62 $26.62 $26.62 $26.62 Average Escalation in Rates 0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0%10.0%0.0%0.0%0.0%0.0% ANNUAL PARKERS - PERSONS Imagine Clearwater - All Events Small Events 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 Mid-size Events 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 Large Events 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 Subtotal Imagine Clearwater 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 Park Visitors 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 Monthly Parkers 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 Church Parkers 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 Transient Parkers 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 Bluff Transient 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 Total Persons 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 GARAGE USERS - WEEKDAYS/WEEKENDS/EVENINGS All Events (85)550 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 Park Visitors (spaces)16 6,549 6,712 6,880 7,052 7,123 7,194 7,194 7,194 7,194 7,230 7,266 7,302 7,339 7,376 7,412 7,450 7,487 7,524 7,562 7,600 Monthly (spaces)10 43,800 44,238 44,680 45,127 45,578 46,034 46,034 46,034 46,034 46,264 46,496 46,728 46,962 47,197 47,433 47,670 47,908 48,148 48,388 48,630 Church Parkers (spaces)22 9,090 9,181 9,273 9,366 9,460 9,554 9,554 9,554 9,554 9,602 9,650 9,698 9,747 9,795 9,844 9,894 9,943 9,993 10,043 10,093 Transient Cars (spaces)36 20,036 20,237 20,439 20,644 20,850 21,059 21,059 21,059 21,059 21,164 21,270 21,376 21,483 21,590 21,698 21,807 21,916 22,025 22,135 22,246 Bluff Transient (spaces)201 112,364 113,487 114,622 115,769 116,926 118,095 118,095 118,095 118,095 118,686 119,279 119,876 120,475 121,078 121,683 122,291 122,903 123,517 124,135 124,756 Peak Occupancy (spaces)284 238,589 240,606 242,645 244,707 246,687 248,686 248,686 248,686 248,686 249,696 250,711 251,730 252,755 253,785 254,821 255,861 256,906 257,957 259,013 260,075 Peak Occupancy % Non-Event 52% GARAGE PARKING REVENUE (ALL EVENTS) Retail Lease Revenue (GSF)12,000 $120,000 $180,000 $240,000 $240,000 $240,000 $264,000 $264,000 $264,000 $264,000 $264,000 $290,400 $290,400 $290,400 $290,400 $290,400 $319,440 $319,440 $319,440 $319,440 $319,440 Imagine Clearwater Small Events - Flat Fee 148,500 120,000 120,000 120,000 120,000 132,000 132,000 132,000 132,000 132,000 145,200 145,200 145,200 145,200 145,200 159,720 159,720 159,720 159,720 159,720 Mid-size Events - Flat Fee 75,900 144,000 144,000 144,000 144,000 158,400 158,400 158,400 158,400 158,400 174,240 174,240 174,240 174,240 174,240 191,664 191,664 191,664 191,664 191,664 Large Events - Flat Fee 56,100 180,000 180,000 180,000 180,000 198,000 198,000 198,000 198,000 198,000 217,800 217,800 217,800 217,800 217,800 239,580 239,580 239,580 239,580 239,580 Subtotal Imagine Clearwater 280,500 444,000 444,000 444,000 444,000 488,400 488,400 488,400 488,400 488,400 537,240 537,240 537,240 537,240 537,240 590,964 590,964 590,964 590,964 590,964 Park Visitors - Hourly 7,367 7,551 7,740 7,934 8,013 8,902 8,902 8,902 8,902 8,947 9,891 9,940 9,990 10,040 10,090 11,155 11,210 11,267 11,323 11,379 Monthly Parkers 6,356 6,356 6,356 6,356 6,356 6,991 6,991 6,991 6,991 6,991 7,691 7,691 7,691 7,691 7,691 8,460 8,460 8,460 8,460 8,460 Church - Hourly 10,227 10,329 10,432 10,537 10,642 11,823 11,823 11,823 11,823 11,882 13,136 13,202 13,268 13,334 13,401 14,814 14,888 14,963 15,038 15,113 Transient Parkers - Hourly 22,541 22,766 22,994 23,224 23,456 26,060 26,060 26,060 26,060 26,190 28,953 29,098 29,244 29,390 29,537 32,653 32,816 32,980 33,145 33,311 Bluff Transient - Hourly 126,409 127,673 128,950 130,240 131,542 146,143 146,143 146,143 146,143 146,874 162,369 163,181 163,997 164,817 165,641 183,116 184,032 184,952 185,876 186,806 TOTAL GROSS REVENUE $573,400 $798,676 $860,472 $862,290 $864,009 $952,320 $952,320 $952,320 $952,320 $953,285 $1,049,680 $1,050,751 $1,051,829 $1,052,911 $1,053,999 $1,160,601 $1,161,810 $1,163,025 $1,164,246 $1,165,473 Gross Revenue per Space $1,043 $1,452 $1,564 $1,568 $1,571 $1,731 $1,731 $1,731 $1,731 $1,733 $1,909 $1,910 $1,912 $1,914 $1,916 $2,110 $2,112 $2,115 $2,117 $2,119 Escalation in Expenses n/a 2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% EXPENSES Back Office/Administrative 5,867 6,013 6,164 6,318 6,476 6,638 6,804 6,974 7,148 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 Security/Cleaning/Other 33,000 33,825 34,671 35,537 36,426 37,336 38,270 39,227 40,207 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 Utilities, Misc Expenses 39,722 40,715 41,733 42,776 43,846 44,942 46,066 47,217 48,398 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 Capital Expense 55,000 56,375 57,784 59,229 60,710 62,227 63,783 65,378 67,012 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 BLANK TOTAL EXPENSES $133,589 $136,929 $140,352 $143,861 $147,457 $151,144 $154,922 $158,795 $162,765 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 Expense per Space $243 $249 $255 $262 $268 $275 $282 $289 $296 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 Net Income $439,811 $661,747 $720,121 $718,429 $716,552 $801,177 $797,398 $793,525 $789,555 $786,451 $882,845 $883,917 $884,994 $886,077 $887,165 $993,767 $994,976 $996,191 $997,411 $998,638 Accumulated Net Income $439,811 $1,101,558 $1,821,679 $2,540,108 $3,256,660 $4,057,837 $4,855,235 $5,648,760 $6,438,315 $7,224,765 $8,107,611 $8,991,528 $9,876,522 $10,762,599 $11,649,764 $12,643,531 $13,638,507 $14,634,698 $15,632,109 $16,630,747 Page 25 of 26 Appendix Table 3 – Proforma 3, Increase Rates Year 1 & 15% Every 5 Years/Weekdays & Weekends YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RATES - NO FREE PARKING Small Events - Flat Fee $8.00 $8.00 $8.00 $8.00 $8.00 $9.20 $9.20 $9.20 $9.20 $9.20 $10.58 $10.58 $10.58 $10.58 $10.58 $12.17 $12.17 $12.17 $12.17 $12.17 Mid-size Events - Flat Fee $12.00 $12.00 $12.00 $12.00 $12.00 $13.80 $13.80 $13.80 $13.80 $13.80 $15.87 $15.87 $15.87 $15.87 $15.87 $18.25 $18.25 $18.25 $18.25 $18.25 Large Events - Flat Fee $17.50 $17.50 $17.50 $17.50 $17.50 $20.13 $20.13 $20.13 $20.13 $20.13 $23.14 $23.14 $23.14 $23.14 $23.14 $26.62 $26.62 $26.62 $26.62 $26.62 Park Visitors - Hourly $1.00 $1.00 $1.00 $1.00 $1.00 $1.15 $1.15 $1.15 $1.15 $1.15 $1.32 $1.32 $1.32 $1.32 $1.32 $1.52 $1.52 $1.52 $1.52 $1.52 Monthly Parkers $75.00 $75.00 $75.00 $75.00 $75.00 $86.25 $86.25 $86.25 $86.25 $86.25 $99.19 $99.19 $99.19 $99.19 $99.19 $114.07 $114.07 $114.07 $114.07 $114.07 Church Parkers $1.00 $1.00 $1.00 $1.00 $1.00 $1.15 $1.15 $1.15 $1.15 $1.15 $1.32 $1.32 $1.32 $1.32 $1.32 $1.52 $1.52 $1.52 $1.52 $1.52 All Transient Parkers - Hourly $1.00 $1.00 $1.00 $1.00 $1.00 $1.15 $1.15 $1.15 $1.15 $1.15 $1.32 $1.32 $1.32 $1.32 $1.32 $1.52 $1.52 $1.52 $1.52 $1.52 Retail Lease Rate per GSF $20.00 $20.00 $20.00 $20.00 $20.00 $23.00 $23.00 $23.00 $23.00 $23.00 $26.45 $26.45 $26.45 $26.45 $26.45 $30.42 $30.42 $30.42 $30.42 $30.42 Average Escalation in Rates 0.0%0.0%0.0%0.0%15.0%0.0%0.0%0.0%0.0%15.0%0.0%0.0%0.0%0.0%15.0%0.0%0.0%0.0%0.0% ANNUAL PARKERS - PERSONS Imagine Clearwater - All Events Small Events 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 Mid-size Events 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 Large Events 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 Subtotal Imagine Clearwater 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 Park Visitors 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 Monthly Parkers 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 Church Parkers 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 Transient Parkers 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 Bluff Transient 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 Total Persons 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 GARAGE USERS - WEEKDAYS/WEEKENDS/EVENINGS All Events (85)550 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 Park Visitors (spaces)16 6,549 6,712 6,880 7,052 7,123 7,194 7,194 7,194 7,194 7,230 7,266 7,302 7,339 7,376 7,412 7,450 7,487 7,524 7,562 7,600 Monthly (spaces)10 43,800 44,238 44,680 45,127 45,578 46,034 46,034 46,034 46,034 46,264 46,496 46,728 46,962 47,197 47,433 47,670 47,908 48,148 48,388 48,630 Church Parkers (spaces)22 9,090 9,181 9,273 9,366 9,460 9,554 9,554 9,554 9,554 9,602 9,650 9,698 9,747 9,795 9,844 9,894 9,943 9,993 10,043 10,093 Transient Cars (spaces)36 20,036 20,237 20,439 20,644 20,850 21,059 21,059 21,059 21,059 21,164 21,270 21,376 21,483 21,590 21,698 21,807 21,916 22,025 22,135 22,246 Bluff Transient (spaces)201 112,364 113,487 114,622 115,769 116,926 118,095 118,095 118,095 118,095 118,686 119,279 119,876 120,475 121,078 121,683 122,291 122,903 123,517 124,135 124,756 Peak Occupancy (spaces)284 238,589 240,606 242,645 244,707 246,687 248,686 248,686 248,686 248,686 249,696 250,711 251,730 252,755 253,785 254,821 255,861 256,906 257,957 259,013 260,075 Peak Occupancy % Non-Event 52% Peak Occupancy % Event 52% GARAGE PARKING REVENUE (ALL EVENTS) Retail Lease Revenue (GSF)12,000 $120,000 $180,000 $240,000 $240,000 $240,000 $276,000 $276,000 $276,000 $276,000 $276,000 $317,400 $317,400 $317,400 $317,400 $317,400 $365,010 $365,010 $365,010 $365,010 $365,010 Imagine Clearwater Small Events - Flat Fee 198,000 160,000 160,000 160,000 160,000 184,000 184,000 184,000 184,000 184,000 211,600 211,600 211,600 211,600 211,600 243,340 243,340 243,340 243,340 243,340 Mid-size Events - Flat Fee 151,800 288,000 288,000 288,000 288,000 331,200 331,200 331,200 331,200 331,200 380,880 380,880 380,880 380,880 380,880 438,012 438,012 438,012 438,012 438,012 Large Events - Flat Fee 163,625 525,000 525,000 525,000 525,000 603,750 603,750 603,750 603,750 603,750 694,313 694,313 694,313 694,313 694,313 798,459 798,459 798,459 798,459 798,459 Subtotal Imagine Clearwater 513,425 973,000 973,000 973,000 973,000 1,118,950 1,118,950 1,118,950 1,118,950 1,118,950 1,286,793 1,286,793 1,286,793 1,286,793 1,286,793 1,479,811 1,479,811 1,479,811 1,479,811 1,479,811 Park Visitors - Hourly 9,823 10,069 10,320 10,578 10,684 12,409 12,409 12,409 12,409 12,472 14,414 14,486 14,558 14,631 14,704 16,995 17,080 17,165 17,251 17,337 Monthly Parkers 9,000 9,000 9,000 9,000 9,000 10,350 10,350 10,350 10,350 10,350 11,903 11,903 11,903 11,903 11,903 13,688 13,688 13,688 13,688 13,688 Church - Hourly 13,636 13,772 13,910 14,049 14,189 16,481 16,481 16,481 16,481 16,563 19,143 19,239 19,335 19,432 19,529 22,570 22,683 22,797 22,911 23,025 Transient Parkers - Hourly 30,055 30,355 30,659 30,965 31,275 36,326 36,326 36,326 36,326 36,508 42,194 42,405 42,617 42,830 43,044 49,748 49,997 50,247 50,498 50,750 Bluff Transient - Hourly 168,546 170,231 171,933 173,653 175,389 203,715 203,715 203,715 203,715 204,733 236,620 237,804 238,993 240,188 241,388 278,985 280,380 281,782 283,190 284,606 TOTAL GROSS REVENUE $864,484 $1,386,427 $1,448,822 $1,451,245 $1,453,538 $1,674,231 $1,674,231 $1,674,231 $1,674,231 $1,675,576 $1,928,466 $1,930,028 $1,931,598 $1,933,175 $1,934,761 $2,226,807 $2,228,648 $2,230,499 $2,232,359 $2,234,228 Gross Revenue per Space $1,572 $2,521 $2,634 $2,639 $2,643 $3,044 $3,044 $3,044 $3,044 $3,047 $3,506 $3,509 $3,512 $3,515 $3,518 $4,049 $4,052 $4,055 $4,059 $4,062 Escalation in Expenses n/a 2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% EXPENSES Back Office/Administrative 5,867 6,013 6,164 6,318 6,476 6,638 6,804 6,974 7,148 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 Security/Cleaning/Other 33,000 33,825 34,671 35,537 36,426 37,336 38,270 39,227 40,207 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 Utilities, Misc Expenses 39,722 40,715 41,733 42,776 43,846 44,942 46,066 47,217 48,398 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 Capital Expense 55,000 56,375 57,784 59,229 60,710 62,227 63,783 65,378 67,012 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 BLANK TOTAL EXPENSES $133,589 $136,929 $140,352 $143,861 $147,457 $151,144 $154,922 $158,795 $162,765 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 Expense per Space $243 $249 $255 $262 $268 $275 $282 $289 $296 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 Net Income $730,895 $1,249,498 $1,308,470 $1,307,385 $1,306,081 $1,523,087 $1,519,309 $1,515,436 $1,511,466 $1,508,741 $1,761,632 $1,763,194 $1,764,763 $1,766,341 $1,767,926 $2,059,973 $2,061,814 $2,063,665 $2,065,525 $2,067,394 Accumulated Net Income $730,895 $1,980,393 $3,288,864 $4,596,248 $5,902,329 $7,425,416 $8,944,725 $10,460,161 $11,971,627 $13,480,368 $15,242,000 $17,005,194 $18,769,957 $20,536,298 $22,304,224 $24,364,197 $26,426,011 $28,489,676 $30,555,201 $32,622,595 Page 26 of 26 Appendix Table 4 – Proforma 4, Increase Rates Year 1 & 25% Every 5 Years/Weekdays & Weekends YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RATES - NO FREE PARKING Small Events - Flat Fee $10.00 $10.00 $10.00 $10.00 $10.00 $12.50 $12.50 $12.50 $12.50 $12.50 $15.63 $15.63 $15.63 $15.63 $15.63 $19.53 $19.53 $19.53 $19.53 $19.53 Mid-size Events - Flat Fee $15.00 $15.00 $15.00 $15.00 $15.00 $18.75 $18.75 $18.75 $18.75 $18.75 $23.44 $23.44 $23.44 $23.44 $23.44 $29.30 $29.30 $29.30 $29.30 $29.30 Large Events - Flat Fee $20.00 $20.00 $20.00 $20.00 $20.00 $25.00 $25.00 $25.00 $25.00 $25.00 $31.25 $31.25 $31.25 $31.25 $31.25 $39.06 $39.06 $39.06 $39.06 $39.06 Park Visitors - Hourly $2.00 $2.00 $2.00 $2.00 $2.00 $2.50 $2.50 $2.50 $2.50 $2.50 $3.13 $3.13 $3.13 $3.13 $3.13 $3.91 $3.91 $3.91 $3.91 $3.91 Monthly Parkers $90.00 $90.00 $90.00 $90.00 $90.00 $112.50 $112.50 $112.50 $112.50 $112.50 $140.63 $140.63 $140.63 $140.63 $140.63 $175.78 $175.78 $175.78 $175.78 $175.78 Church Parkers $2.00 $2.00 $2.00 $2.00 $2.00 $2.50 $2.50 $2.50 $2.50 $2.50 $3.13 $3.13 $3.13 $3.13 $3.13 $3.91 $3.91 $3.91 $3.91 $3.91 All Transient Parkers - Hourly $2.00 $2.00 $2.00 $2.00 $2.00 $2.50 $2.50 $2.50 $2.50 $2.50 $3.13 $3.13 $3.13 $3.13 $3.13 $3.91 $3.91 $3.91 $3.91 $3.91 Retail Lease Rate per GSF $20.00 $20.00 $20.00 $20.00 $20.00 $25.00 $25.00 $25.00 $25.00 $25.00 $31.25 $31.25 $31.25 $31.25 $31.25 $39.06 $39.06 $39.06 $39.06 $39.06 Average Escalation in Rates 0.0%0.0%0.0%0.0%25.0%0.0%0.0%0.0%0.0%25.0%0.0%0.0%0.0%0.0%25.0%0.0%0.0%0.0%0.0% ANNUAL PARKERS - PERSONS Imagine Clearwater - All Events Small Events 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 112,500 Mid-size Events 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 138,000 Large Events 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 170,000 Subtotal Imagine Clearwater 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 420,500 Park Visitors 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 23,903 Monthly Parkers 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 4,380 Church Parkers 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 17,775 Transient Parkers 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 54,850 Bluff Transient 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 237,072 Total Persons 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 758,479 GARAGE USERS - WEEKDAYS/WEEKENDS/EVENINGS All Events (85)550 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 46,750 Park Visitors (spaces)16 6,549 6,712 6,880 7,052 7,123 7,194 7,194 7,194 7,194 7,230 7,266 7,302 7,339 7,376 7,412 7,450 7,487 7,524 7,562 7,600 Monthly (spaces)10 43,800 44,238 44,680 45,127 45,578 46,034 46,034 46,034 46,034 46,264 46,496 46,728 46,962 47,197 47,433 47,670 47,908 48,148 48,388 48,630 Church Parkers (spaces)22 9,090 9,181 9,273 9,366 9,460 9,554 9,554 9,554 9,554 9,602 9,650 9,698 9,747 9,795 9,844 9,894 9,943 9,993 10,043 10,093 Transient Cars (spaces)36 20,036 20,237 20,439 20,644 20,850 21,059 21,059 21,059 21,059 21,164 21,270 21,376 21,483 21,590 21,698 21,807 21,916 22,025 22,135 22,246 Bluff Transient (spaces)201 112,364 113,487 114,622 115,769 116,926 118,095 118,095 118,095 118,095 118,686 119,279 119,876 120,475 121,078 121,683 122,291 122,903 123,517 124,135 124,756 Peak Occupancy (spaces)284 238,589 240,606 242,645 244,707 246,687 248,686 248,686 248,686 248,686 249,696 250,711 251,730 252,755 253,785 254,821 255,861 256,906 257,957 259,013 260,075 Peak Occupancy % Non-Event 52% GARAGE PARKING REVENUE (ALL EVENTS) Retail Lease Revenue (GSF)12,000 $120,000 $180,000 $240,000 $240,000 $240,000 $300,000 $300,000 $300,000 $300,000 $300,000 $375,000 $375,000 $375,000 $375,000 $375,000 $468,750 $468,750 $468,750 $468,750 $468,750 Imagine Clearwater Small Events - Flat Fee 247,500 200,000 200,000 200,000 200,000 250,000 250,000 250,000 250,000 250,000 312,500 312,500 312,500 312,500 312,500 390,625 390,625 390,625 390,625 390,625 Mid-size Events - Flat Fee 189,750 360,000 360,000 360,000 360,000 450,000 450,000 450,000 450,000 450,000 562,500 562,500 562,500 562,500 562,500 703,125 703,125 703,125 703,125 703,125 Large Events - Flat Fee 187,000 600,000 600,000 600,000 600,000 750,000 750,000 750,000 750,000 750,000 937,500 937,500 937,500 937,500 937,500 1,171,875 1,171,875 1,171,875 1,171,875 1,171,875 Subtotal Imagine Clearwater 624,250 1,160,000 1,160,000 1,160,000 1,160,000 1,450,000 1,450,000 1,450,000 1,450,000 1,450,000 1,812,500 1,812,500 1,812,500 1,812,500 1,812,500 2,265,625 2,265,625 2,265,625 2,265,625 2,265,625 Park Visitors - Hourly 19,646 20,137 20,640 21,156 21,368 26,977 26,977 26,977 26,977 27,112 34,059 34,230 34,401 34,573 34,746 43,649 43,868 44,087 44,307 44,529 Monthly Parkers 10,800 10,800 10,800 10,800 10,800 13,500 13,500 13,500 13,500 13,500 16,875 16,875 16,875 16,875 16,875 21,094 21,094 21,094 21,094 21,094 Church - Hourly 27,271 27,544 27,819 28,098 28,379 35,828 35,828 35,828 35,828 36,007 45,234 45,460 45,687 45,916 46,145 57,970 58,260 58,551 58,844 59,138 Transient Parkers - Hourly 60,109 60,711 61,318 61,931 62,550 78,970 78,970 78,970 78,970 79,364 99,702 100,200 100,701 101,205 101,711 127,774 128,413 129,055 129,700 130,349 Bluff Transient - Hourly 337,091 340,462 343,867 347,306 350,779 442,858 442,858 442,858 442,858 445,072 559,122 561,918 564,727 567,551 570,389 716,551 720,133 723,734 727,353 730,990 TOTAL GROSS REVENUE $1,199,168 $1,799,654 $1,864,444 $1,869,290 $1,873,875 $2,348,133 $2,348,133 $2,348,133 $2,348,133 $2,351,056 $2,942,492 $2,946,183 $2,949,892 $2,953,619 $2,957,365 $3,701,413 $3,706,143 $3,710,896 $3,715,673 $3,720,474 Gross Revenue per Space $2,180 $3,272 $3,390 $3,399 $3,407 $4,269 $4,269 $4,269 $4,269 $4,275 $5,350 $5,357 $5,363 $5,370 $5,377 $6,730 $6,738 $6,747 $6,756 $6,764 Escalation in Expenses n/a 2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%2.5%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% EXPENSES Back Office/Administrative 5,867 6,013 6,164 6,318 6,476 6,638 6,804 6,974 7,148 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 7,327 Security/Cleaning/Other 33,000 33,825 34,671 35,537 36,426 37,336 38,270 39,227 40,207 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 41,212 Utilities, Misc Expenses 39,722 40,715 41,733 42,776 43,846 44,942 46,066 47,217 48,398 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 49,608 Capital Expense 55,000 56,375 57,784 59,229 60,710 62,227 63,783 65,378 67,012 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 68,687 BLANK TOTAL EXPENSES $133,589 $136,929 $140,352 $143,861 $147,457 $151,144 $154,922 $158,795 $162,765 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 $166,834 Expense per Space $243 $249 $255 $262 $268 $275 $282 $289 $296 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 $303 Net Income $1,065,579 $1,662,725 $1,724,093 $1,725,430 $1,726,418 $2,196,989 $2,193,210 $2,189,337 $2,185,368 $2,184,222 $2,775,658 $2,779,348 $2,783,057 $2,786,785 $2,790,531 $3,534,579 $3,539,308 $3,544,062 $3,548,839 $3,553,640 Accumulated Net income $1,065,579 $2,728,304 $4,452,397 $6,177,827 $7,904,245 $10,101,234 $12,294,444 $14,483,782 $16,669,149 $18,853,371 $21,629,028 $24,408,377 $27,191,434 $29,978,219 $32,768,750 $36,303,329 $39,842,637 $43,386,699 $46,935,538 $50,489,178 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1171 Agenda Date: 11/17/2022 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Finance Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve settlement of workers' compensation claims 19000114 and 21000021 for payment of $120,000 to Jesse Myers, inclusive of attorney fees and costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) SUMMARY: Jesse Myers was employed as a police officer with the Clearwater Police Department since April 30, 2007 and was approved for a job-connected disability pension on March 10, 2022. The 2019 claim relates to a neck injury with subsequent surgery. Claims paid to date total $108,519 for medical, indemnity and legal fees. A second surgery may be required because symptoms continue, which would cost approximately $87,500 including post-op medication, physical therapy, and potential indemnity. The 2021 claims relate to an arrhythmia condition. Claims paid to date total $49,395 for medical, indemnity and legal fees. An ablation procedure to correct the condition would cost approximately $20,000-$30,000. There would be no further medical costs if the first ablation is successful, but first ablations are not always successful. This settlement was negotiated by the City’s outside legal counsel for workers’ compensation claims, Mark Hungate with Banker, Lopez, Gassler P.A., and is recommended by the City’s claims committee, subject to City Council approval. APPROPRIATION CODE AND AMOUNT: 5907590-545800 Insurance Claims - Workers’ Compensation USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/15/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1128 Agenda Date: 11/17/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the Second Amendment to Lease Agreement between Clearwater for Youth, Inc., and the City of Clearwater to provide additional office space and to provide payment for tickets to CFY events and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 21, 2005, the Council approved a 5-year Agreement between Clearwater for Youth, Inc. (CFY), and the City of Clearwater, which expired on January 31, 2010, and has been successfully renewed for additional five-year periods since that time. The original Lease Agreement allows for CFY to continue to utilize offices located at the Long Center as a base for their operations, and to provide financial support to the CFY through in-kind services of general office space and utility services. This Second Amendment to the Agreement provides for additional leased space for the CFY which is required due to their growing business needs and provide for payment to CFY for tickets to CFY events. Staff recommends amending the current agreement to provide for additional office space and provide for payment for tickets to CFY events. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/15/2022 1 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (“Second Amendment”) is made and entered into on this _____ day of November, 2022, by and between the City of Clearwater, Florida (“Lessor” or “City”), a municipal corporation of the State of Florida, whose address is Attn: Parks & Recreation Director, Post Office Box 4748, Clearwater, Florida 33758-4748, and the Clearwater For Youth, Inc. (“Lessee” or “CFY”), a Florida not-for-profit corporation, whose address is 1501 North Belcher Road, Suite 236, Clearwater, FL 33765, (each individually referred to herein as “Party” or collectively as the “Parties”). WHEREAS, it has been determined to be highly desirable to provide financial support to various City co-sponsored youth athletic programs and organizations, and to that end, the City continues to partner and enter into agreements with various organizations to help youth, adults, and families; WHEREAS, CFY has a long-standing history of providing youth sport programming operations and financial assistance within the City of Clearwater; WHEREAS, on October 1, 2003, the ownership of the Long Center facility was transferred to the City through a Transfer Agreement; WHEREAS, in addition to transferring ownership of the Long Center facility, the Transfer Agreement required that the City enter into an agreement with CFY to provide office space and use of the Long Center facility; WHEREAS, the City and CFY entered into that certain Lease Agreement on April 25, 2005, and said Lease Agreement was further amended on January 20, 2022; WHEREAS, CFY desires additional office space for its operations; WHEREAS, the City and CFY desire to set forth terms relating to CFY events. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties agree as follows: 1. Section 2. LEASE PROPERTY is hereby amended as follows: 2. LEASE PROPERTY. That the Lessor does lease to the Lessee the following premises: office space consisting of suites #702, #703, #704, #705, #706, #711, and common space of approximately 193 square feet adjacent to suite #711, within the Long Center facility. Lessee shall have exclusive use of the office space. In addition, 2 Lessee shall be permitted use of the Long Center common facilities and services, as further described herein, for purposes defined herein. The Lessee hereby agrees that such use of common facilities and services is subject to use preference as determined by the Lessor in its sole discretion or as otherwise defined hereunder. Such property shall hereinafter be referred to as the “leased premises”, “demised premises” or the “leased property.” 2. Section 5. CO-SPONSORSHIP CONTRIBUTIONS is hereby amended as follows: 5. CO-SPONSORSHIP CONTRIBUTIONS. Types of financial support to be given as Co-Sponsorship Contributions include, but are not limited to: (1) Participant scholarship support; (2) Matching grant support for City Co-Sponsored Organization or individual participants ("Participant" or "Participants") in City Co-Sponsored Organizations, competing at the state or national level; (3) Matching grant support to City Co-Sponsored Organizations for facility improvement. CFY agrees to provide the City with two (2) event tables or sixteen (16) tickets for the Annual CFY Banquet on the Beach and eight (8) guest tickets to the Annual Richard O. Jacobson Post-Secondary Scholarship Award Breakfast. In exchange, the City agrees to provide a payment of $5,200.00 (the current market value) to CFY each year. The City will make the payment no later than November 30, 2022, and no later than by October 31 each year thereafter for the current market value for the tickets. CFY will prominently list the City of Clearwater Parks and Recreation as a Silver corporate sponsor of CFY on its website and any publication. CFY and the City have a limited non-exclusive license to use the others’ organizations marks, logos, emblems, and colors as it reasonably deems appropriate relating to the events listed in this paragraph. The non-exclusive license may be revoked by either Party by providing 30 days written notice. 3. All other terms and conditions of this Lease Agreement shall remain in full force and effect. [Remainder of page left blank intentionally] 3 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment the day and year first above written. CLEARWATER FOR YOUTH, INC. _________________________ Kevin Dunbar, Executive Director CITY OF CLEARWATER _________________________ _________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: _________________________ _________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-06009 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3144 Johns Parkway, and pass Ordinances 9591-22, 9592-22, and 9593-22 on first reading. (ANX2022-06009) SUMMARY: This voluntary annexation petition involves a 0.187-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the north side of Johns Parkway approximately 615 feet east of South McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city boundaries to the north, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the city. The closest sanitary sewer line is located in the adjacent Johns Parkway right-of-way. The applicant has paid the required sewer impact fee in full and is aware of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-06009 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This proposed RU category primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, east, and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9591-22 ORDINANCE NO. 9591-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 615 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3144 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2022-06009) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9591-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2022-06009, 3144 Johns Parkway, 16-29-16-00000-210-1500 THE EAST 86.05 FEET OF THE NORTH 85 FEET OF THE SOUTH 165 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; SUBJECT TO AN EASEMENT OVER THE SOUTH 10 FEET OF SAID PROPERTY FOR ROAD AND UTILITY PURPOSES; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY; THE NORTH 95 FEET OF THE SOUTH 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, ALL LYING AND BEING SITUATE IN PINELLAS COUNTY, FLORIDA. Exhibit “B” PROPOSED ANNEXATION Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9592-22 ORDINANCE NO. 9592-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 615 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3144 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description Residential Urban (RU) (ANX2022-06009) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9591-22. Ordinance No. 9592-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2022-06009, 3144 Johns Parkway, 16-29-16-00000-210-1500 THE EAST 86.05 FEET OF THE NORTH 85 FEET OF THE SOUTH 165 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; SUBJECT TO AN EASEMENT OVER THE SOUTH 10 FEET OF SAID PROPERTY FOR ROAD AND UTILITY PURPOSES; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY; THE NORTH 95 FEET OF THE SOUTH 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, ALL LYING AND BEING SITUATE IN PINELLAS COUNTY, FLORIDA. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9593-22 ORDINANCE NO. 9593-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 615 FEET EAST OF SOUTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3144 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9591-22. Property Zoning District See attached Exhibit “A” for Legal Description Low Medium Density Residential (LMDR) (ANX2022-06009) Ordinance No. 9593-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2022-06009, 3144 Johns Parkway, 16-29-16-00000-210-1500 THE EAST 86.05 FEET OF THE NORTH 85 FEET OF THE SOUTH 165 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; SUBJECT TO AN EASEMENT OVER THE SOUTH 10 FEET OF SAID PROPERTY FOR ROAD AND UTILITY PURPOSES; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY; THE NORTH 95 FEET OF THE SOUTH 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, ALL LYING AND BEING SITUATE IN PINELLAS COUNTY, FLORIDA. Exhibit “B” PROPOSED ZONING MAP Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Ian Hickman Case: ANX2022-06009 Site: 3144 Johns Parkway Property Size(Acres): ROW (Acres): 0.187 Land Use Zoning PIN: 16-29-16-00000-210-1500 From: Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Multi-Family Detached Dwellings Multi-Family ANX2022-06009 Ian Hickman 3144 Johns Parkway View looking north at subject property on Johns Parkway West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-07010 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1200 Norwood Avenue, and pass Ordinances 9599-22, 9600-22, and 9601-22 on first reading. (ANX2022-07010) SUMMARY: This voluntary annexation petition involves a 0.264-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the west side of Norwood Avenue approximately 500 feet north of Lakeview Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to city boundaries to the west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The applicant has started a renovation of the property while in the county, and due to the nature of the renovation Pinellas County has required the applicant to connect to the City ’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the county issues a CO. The Planning and Development Department will schedule second and final reading after the applicant obtains the CO. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the city. The closest sanitary sewer line is located in an easement along the western property boundary and within the adjacent Illinois Road right-of-way to the west of the property. The applicant is aware that the required sanitary sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend to the City’s sanitary sewer system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-07010 ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This proposed RL category primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9599-22 ORDINANCE NO. 9599-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORWOOD AVENUE APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1200 NORWOOD AVENUE, CLEARWATER, FLORIDA 33756, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 6, Block “F” OAK ACRES ADDITION UNIT 1, according to the map or plat thereof as recorded in Plat Book 34, Page 31, Public Records of Pinellas County, Florida; (ANX2022-07010) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9599-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9600-22 ORDINANCE NO. 9600-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORWOOD AVENUE APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1200 NORWOOD AVENUE, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 6, Block “F” OAK ACRES ADDITION UNIT 1, according to the map or plat thereof as recorded in Plat Book 34, Page 31, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-07010) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9599-22. Ordinance No. 9600-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9601-22 ORDINANCE NO. 9601-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORWOOD AVENUE APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1200 NORWOOD AVENUE CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9599-22. Property Zoning District Lot 6, Block “F” OAK ACRES ADDITION UNIT 1, according to the map or plat thereof, as recorded in Plat Book 34, Page 31, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-07010) Ordinance No. 9601-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) Atlas Page: 307B To: Residential Low (RL) R-3 Single Family Residential Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) Atlas Page: 307B To: Residential Low (RL) R-3 Single Family Residential Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Adroit Home Solutions, LLC Case: ANX2022-07010 Site: 1200 Norwood Avenue Property Size(Acres): ROW (Acres): 0.264 Land Use Zoning PIN:23-29-15-61884-006-0060 From: Residential Low (RL) Atlas Page: 307B To: Residential Low (RL) R-3 Single Family Residential Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2022-07010 Adroit Home Solutions, LLC 1200 Norwood Avenue View looking west at subject property 1200 Norwood Avenue North of the subject property Across the street, to the east of the subject property View looking northerly along Norwood Avenue View looking southerly along TerrNorwood Avenue South of the subject property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-07011 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Commercial General (CG) and Residential Urban (RU) and initial Zoning Atlas designations of Commercial (C) and Low Medium Density Residential (LMDR) Districts for 1718 North Betty Lane, together with the abutting right-of-way of North Betty Lane, and pass Ordinances 9602-22, 9603-22, and 9604-22 on first reading. (ANX2022-07011) SUMMARY: This voluntary annexation petition involves a 2.15-acre property consisting of one parcel of vacant land. The property is located on the west side of North Betty Lane approximately 500 feet north of Overbrook Avenue. The applicant, Habitat for Humanity of Pinellas County, plans to develop at least 11 detached dwellings. The applicant is requesting annexation in order to receive potable water, sanitary sewer, and solid waste service from the City, upon availability of service and construction. The Development Review Committee is proposing that the 0.69 acres of abutting North Betty Lane right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned Future Land Use Map designations of Commercial General (CG) and Residential Urban (RU) and Zoning Atlas designations of Commercial (C) and Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently is not connected to potable water, but the city would provide water service when the property is redeveloped. The closest sanitary sewer line is located in the Mary L Road right-of-way. The applicant is aware that the property owner is responsible for evaluating the proper method to connect to the City ’s sewer system, as well as for the additional costs to extend and connect to the sewer system and any for upgrades to the existing system that may be necessary to receive additional wastewater flows. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The city has adequate capacity to serve this property with sanitary sewer, water, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-07011 and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The proposed Commercial General (CG) and Residential Urban (RU) Future Land Use Map categories are consistent with the current Countywide Plan designations of the property. The proposed CG category does not typically allow residential uses, but residential units can be permitted as a Comprehensive Infill Redevelopment Project if criteria are met at a density of 24 units per acre. The proposed RU category primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning districts to be assigned to the property are the Commercial (C) and the Low Medium Density Residential (LMDR) Districts. The proposed use of the subject property is consistent with the uses allowed in the districts and the property exceeds the minimum dimensional requirements of both districts. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9602-22 ORDINANCE NO. 9602-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 500 FEET NORTH OF OVERBROOK AVENUE, WHOSE POST OFFICE ADDRESS IS 1718 NORTH BETTY LANE, CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF NORTH BETTY LANE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2022-07011) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9602-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2022‐07011  ========================================================================================= Commence at the Southwest corner of the Southeast Quarter of the Southeast Quarter of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, for a point of reference; thence N00⁰07’03”W, 758.00 feet; thence N89⁰36’07”W, 30.00 feet to the Point of Beginning; thence S00⁰07’03”E, 563.03 feet; thence N52⁰37’00”W, 239.48 feet; thence N00⁰07’03W, 418.95 feet; thence S89⁰36’07”E, 190.00 feet to the Point of Beginning less all the road right of way of Betty Lane and Overbrook Avenue. Together with: All of the unincorporated of right-of way at the intersection of Overbrook Avenue and North Betty Lane, continuing North along the West half of North Betty Lane to Sandy Lane. PROPOSED ANNEXATION Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 North Betty Lane Property Size(Acres): ROW (Acres): 2.15 0.69 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & Three Family Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) Exhibit "B" Ordinance No. 9603-22 ORDINANCE NO. 9603-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 500 FEET NORTH OF OVERBROOK AVENUE, WHOSE POST OFFICE ADDRESS IS 1718 NORTH BETTY LANE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL (CG) AND RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description Commercial General (CG) Residential Urban (RU) (ANX2022-07011) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9602-22. Ordinance No. 9603-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2022‐07011  ========================================================================================= Commence at the Southwest corner of the Southeast Quarter of the Southeast Quarter of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, for a point of reference; thence N00⁰07’03”W, 758.00 feet; thence N89⁰36’07”W, 30.00 feet to the Point of Beginning; thence S00⁰07’03”E, 563.03 feet; thence N52⁰37’00”W, 239.48 feet; thence N00⁰07’03W, 418.95 feet; thence S89⁰36’07”E, 190.00 feet to the Point of Beginning less all the road right of way of Betty Lane and Overbrook Avenue. PROPOSED FUTURE LAND USE MAP Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 North Betty Lane Property Size(Acres): ROW (Acres): 2.15 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & ThreeFamily Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) Exhibit "B" Ordinance No. 9604-22 ORDINANCE NO. 9604-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 500 FEET NORTH OF OVERBROOK AVENUE, WHOSE POST OFFICE ADDRESS IS 1718 NORTH BETTY LANE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9602-22. Property Zoning District See attached Exhibit “A” for Legal Description Commercial (C) Low Medium Density Residential (LMDR) (ANX2022-07011) Ordinance No. 9604-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2022‐07011  ========================================================================================= Commence at the Southwest corner of the Southeast Quarter of the Southeast Quarter of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, for a point of reference; thence N00⁰07’03”W, 758.00 feet; thence N89⁰36’07”W, 30.00 feet to the Point of Beginning; thence S00⁰07’03”E, 563.03 feet; thence N52⁰37’00”W, 239.48 feet; thence N00⁰07’03W, 418.95 feet; thence S89⁰36’07”E, 190.00 feet to the Point of Beginning less all the road right of way of Betty Lane and Overbrook Avenue. PROPOSED ZONING MAP Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 North Betty Lane Property Size(Acres): ROW (Acres): 2.15 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & ThreeFamily Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) Exhibit "B" LOCATION MAP Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 North Betty Lane Property Size(Acres): ROW (Acres): 2.15 0.69 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & ThreeFamily Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 North Betty Lane Property Size(Acres): ROW (Acres): 2.15 0.69 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & ThreeFamily Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Habitat For Humanity of Pinellas County, Inc. Case: ANX2022-07011 Site: 1718 N Betty Lane Property Size(Acres): ROW (Acres): 2.15 0.69 Land Use Zoning PIN: 03-29-15-00000-430-0400 From: Commercial General (CG)/Residential Urban (RU) R-4 One, Two, & Three Family Residential Atlas Page: 260B To: Commercial General (CG)/Residential Urban (RU) Commercial (C)/Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Multi-Family School ANX2022-07011 Habitat for Humanity of Pinellas County, Inc 1718 North Betty Lane View looking west at subject property on North Betty Lane South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along North Betty Lane View looking southerly along North Betty Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-07012 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: WITHDRAWN: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2081 The Mall and 1337 Union Street, and pass Ordinances 9605-22, 9606-22, and 9607-22 on first reading. (ANX2022-07012) SUMMARY: The applicant has requested that this petition for annexation be withdrawn. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 Ordinance No. 9605-22 ORDINANCE NO. 9605-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED AT THE CORNER OF UNION STREET AND THE ROAD KNOWN AS THE MALL, WHOSE POST OFFICE ADDRESSES ARE 2081 THE MALL, CLEARWATER, FLORIDA 33755, AND 1337 UNION STREET, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2022-07012) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9605-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2022-07012 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 03-29-15-12060-003-0010 Lot 1, Block C 2081 The Mall The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. LESS The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida No. Parcel ID Lot No., Block No. Address 2. 03-29-15-12060-003-0020 Lot 2, Block C 1337 Union Street The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. AND The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida Exhibit “B” PROPOSED ANNEXATION Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9606-22 ORDINANCE NO. 9606-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED AT THE CORNER OF UNION STREET AND THE ROAD KNOWN AS THE MALL, WHOSE POST OFFICE ADDRESSES ARE 2081 THE MALL, CLEARWATER, FLORIDA 33755, AND 1337 UNION STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description Residential Urban (RU) (ANX2022-07012) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9605-22. Ordinance No. 9606-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2022-07012 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 03-29-15-12060-003-0010 Lot 1, Block C 2081 The Mall The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. LESS The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida No. Parcel ID Lot No., Block No. Address 2. 03-29-15-12060-003-0020 Lot 2, Block C 1337 Union Street The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. AND The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9607-22 ORDINANCE NO. 9607-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED AT THE CORNER OF UNION STREET AND THE ROAD KNOWN AS THE MALL, WHOSE POST OFFICE ADDRESSES ARE 2081 THE MALL, CLEARWATER, FLORIDA 33755, AND 1337 UNION STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9605-22. Property Zoning District See attached Exhibit “A” for Legal Description Low Medium Density Residential (LMDR) (ANX2022-07012) Ordinance No. 9607-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2022-07012 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 03-29-15-12060-003-0010 Lot 1, Block C 2081 The Mall The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. LESS The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida No. Parcel ID Lot No., Block No. Address 2. 03-29-15-12060-003-0020 Lot 2, Block C 1337 Union Street The above in BROOKLAWN SUBDIVISION, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. AND The East 2 feet of Lot 1, Block C, Brooklawn Subdivision, as per the plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida Exhibit “B” PROPOSED ZONING MAP Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Erric & Leela Amnay Case: ANX2022-07012 Site: 2081 The Mall 1337 Union Street Property Size(Acres): ROW (Acres): 0.270 Land Use Zoning PIN: 03-29-15-12060-003-0010 03-29-15-12060-003-0020 From: Residential Urban (RU) R-4 One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2022-07012 Erric and Leela Amnay 2081 The Mall View looking east at subject property on The Mall North of the subject property South of the subject property Across the street, to the west of the subject property View looking northerly along The Mall View looking southerly along The Mall ANX2022-07012 Erric and Leela Amnay 1337 Union Street View looking south at subject property on Union Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-09013 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3047 Terrace View Lane, and pass Ordinances 9621-22, 9622-22, and 9623-22 on first reading. (ANX2022-09013) SUMMARY: This voluntary annexation petition involves a 0.184-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Terrace View Lane approximately 440 feet west of McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to city boundaries to the west, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the city. The closest sanitary sewer line is located in the adjacent Terrace View Lane right-of-way. The applicant has paid the required sewer impact fee in full and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-09013 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This proposed RL category primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9621-22 ORDINANCE NO. 9621-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 440 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3047 TERRACE VIEW LANE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: LOT 8, BLOCK B, KAPOK TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGE(S) 14 AND 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (ANX2022-09013) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9621-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9622-22 ORDINANCE NO. 9622-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 440 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3047 TERRACE VIEW LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category LOT 8, BLOCK B, KAPOK TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGE(S) 14 AND 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; Residential Low (RL) (ANX2022-09013) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9621-22. Ordinance No. 9622-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9623-22 ORDINANCE NO. 9623-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 440 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3047 TERRACE VIEW LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9621-22. Property Zoning District LOT 8, BLOCK B, KAPOK TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGE(S) 14 AND 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; Low Medium Density Residential (LMDR) (ANX2022-09013) Ordinance No. 9623-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): TAH 2017-1 Borrower LLC Case: ANX2022-09013 Site: 3047 Terrace View Lane Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 09-29-16-45126-002-0080 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-09013 TAH 2017 1 Borrower, LLC 3047 Terrace View Lane View looking south at subject property 3047 Terrace View Lane East of the subject property Across the street, to the north of the subject property View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane West of the subject property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-09014 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Water/Drainage Feature, and Preservation (P), and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1276 South Belcher Road, and pass Ordinances 9624-22, 9625-22, and 9626-22 on first reading. (ANX2022-09014) SUMMARY: This voluntary annexation petition involves a 4.76-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the west side of South Belcher Road approximately 500 feet north of Lakeview Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL), Water/Drainage Feature, and Preservation (P) and Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent South Belcher Road right-of-way. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-09014 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL), Water/Drainage Feature, and Preservation (P) Future Land Use Map categories are consistent with the current Countywide Plan designations of the property. This proposed RL category primarily permits residential uses at a density of 5 units per acre. The proposed P and Water/Drainage Feature categories proposed to be applied to the property recognize the watershed and drainage features on the property. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9624-22 ORDINANCE NO. 9624-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH BELCHER ROAD APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1276 SOUTH BELCHER ROAD, CLEARWATER, FLORIDA 33764, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2022-09014) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9624-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐09014, 1276 South Belcher Road, 24‐29‐15‐00000‐110‐0400  The North 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, LESS the East 50 feet  thereof for road right‐of‐way, in Section 24, Township 29 South, Range 15 East, all lying and being in  Pinellas County, Florida.  PROPOSED ANNEXATION Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN:24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) Exhibit "B" Ordinance No. 9625-22 ORDINANCE NO. 9625-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH BELCHER ROAD APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1276 SOUTH BELCHER ROAD, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), WATER/DRAINAGE FEATURE, AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description Residential Low (RL), Water/Drainage Feature, Preservation (P) (ANX2022-09014) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9624-22. Ordinance No. 9625-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐09014, 1276 South Belcher Road, 24‐29‐15‐00000‐110‐0400  The North 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, LESS the East 50 feet  thereof for road right‐of‐way, in Section 24, Township 29 South, Range 15 East, all lying and being in  Pinellas County, Florida.  PROPOSED FUTURE LAND USE MAP Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN: 24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) Exhibit "B" Ordinance No. 9626-22 ORDINANCE NO. 9626-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH BELCHER ROAD APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1276 SOUTH BELCHER ROAD, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District See attached Exhibit “A” for Legal Description Low Medium Density Residential (LMDR), Preservation (P) (ANX2022-09014) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9624-22. Ordinance No. 9626-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐09014, 1276 South Belcher Road, 24‐29‐15‐00000‐110‐0400  The North 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, LESS the East 50 feet  thereof for road right‐of‐way, in Section 24, Township 29 South, Range 15 East, all lying and being in  Pinellas County, Florida.  PROPOSED ZONING MAP Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN: 24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) Exhibit "B" LOCATION MAP Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN: 24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) AERIAL PHOTOGRAPH Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN: 24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) EXISTING SURROUNDING USES MAP Owner(s): Belcher Development LLC Case: ANX2022-09014 Site: 1276 South Belcher Road Property Size(Acres): ROW (Acres): 4.76 Land Use Zoning PIN: 24-29-15-00000-110-0400 From: Residential Low (RL) Water, Preservation (P) R-3 Single FamilyResidential Atlas Page: 308B To: Residential Low (RL), Water/Drainage Feature, Preservation (P) Low Medium Density Residential (LMDR), Preservation (P) Detached Dwellings Detached Dwellings ANX2022-09014 Belcher Development, LLC 1276 South Belcher Road View looking west at subject property on South Belcher Road North of the subject property South of the subject property Across the street, to the east of the subject property View looking southerly along South Belcher Road View looking northerly along South Belcher Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-09016 Agenda Date: 11/17/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1282 Palm Street, together with the abutting right-of-way of North Betty Lane, and pass Ordinances 9630-22, 9631-22, and 9632-22 on first reading. (ANX2022-09016) SUMMARY: This voluntary annexation petition involves a 0.241-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the northwest corner of Palm Street and North Betty Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.30-acres of abutting North Betty Lane right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the city. The closest sanitary sewer line is located in the adjacent North Betty Lane right-of-way. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Page 1 City of Clearwater Printed on 11/15/2022 File Number: ANX2022-09016 Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This proposed RU category primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/15/2022 Ordinance No. 9630-22 ORDINANCE NO. 9630-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF PALM STREET AND NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1282 PALM STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF- WAY OF NORTH BETTY LANE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for Legal Description. (ANX2022-09016) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9630-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2022-09016 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 03-29-15-46998-000-0070 Lots 7 and 8 1282 Palm Street The above in KNIGHT’S ACRES, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Together with: All right-of-way of North Betty Lane [CR355], abutting Lots 5 through 8. Exhibit “B” PROPOSED ANNEXATION Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 0.3 Land Use Zoning PIN:03-29-15-46998-000-0070 From: Residential Urban (RU) R-4 One, Two & ThreeFamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9631-22 ORDINANCE NO. 9631-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF PALM STREET AND NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1282 PALM STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description Residential Urban (RU) (ANX2022-09016) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9630-22. Ordinance No. 9631-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2022-09016 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1.03-29-15-46998-000-0070 Lots 7 and 8 1282 Palm Street The above in KNIGHT’S ACRES, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 03-29-15-46998-000-0070 From : Residential Urban (RU) R-4 One, Two & ThreeFamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9632-22 ORDINANCE NO. 9632-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF PALM STREET AND NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1282 PALM STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9630-22. Property Zoning District See attached Exhibit “A” for Legal Description Low Medium Density Residential (LMDR) (ANX2022-06009) Ordinance No. 9632-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2022-09016 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1.03-29-15-46998-000-0070 Lots 7 and 8 1282 Palm Street The above in KNIGHT’S ACRES, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED ZONING MAP Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN:03-29-15-46998-000-0070 From: Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 0.3 Land Use Zoning PIN:03-29-15-46998-000-0070 From: Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 0.3 Land Use Zoning PIN: 03-29-15-46998-000-0070 From: Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Glenn and Sally A. Harding Case: ANX2022-09016 Site: 1282 Palm Street Property Size(Acres): ROW (Acres): 0.241 0.3 Land Use Zoning PIN:03-29-15-46998-000-0070 From: Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2022-09016 Glenn and Sally Harding 1282 Palm Street View looking north at subject property on Palm Street West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Palm Street View looking westerly along Palm Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9620-22 2nd rdg Agenda Date: 11/17/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9620-22 on second reading, amending the Code of Ordinances Chapter 2, Article V., Division 3, Employees’ Pension Plan, to implement negotiated benefits for non-hazardous employees; amending Section 2.412 to revise the definitions of normal retirement date and vesting; amending section 2.416 to provide for five year vesting; and a 2.5% multiplier for service earned on or after October 1, 2022; amending Section 2.419 to provide for five year vesting. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 1 ORDINANCE NO. 9620-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES’ PENSION PLAN, TO IMPLEMENT NEGOTIATED BENEFITS FOR NON-HAZARDOUS EMPLOYEES; AMENDING SECTION 2.412 TO REVISE THE DEFINITIONS OF NORMAL RETIREMENT DATE AND VESTING; AMENDING SECTION 2.416 TO PROVIDE FOR FIVE YEAR VESTING AND A 2.5% MULTIPLIER FOR SERVICE EARNED ON OR AFTER OCTOBER 1, 2022; AMENDING SECTION 2.419 TO PROVIDE FOR FIVE YEAR VESTING; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Plan (the “Plan”) governs the payment of retirement benefits for City employees; WHEREAS, the City, CWA, and FOP recently negotiated to revise the Plan for non-hazardous duty employees; WHEREAS, the Plan’s actuary has studied the cost of this amendment; WHEREAS, the Board of Trustees of the City of Clearwater Employees’ Pension Fund has prepared this ordinance in consultation with labor and management. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.412 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Section 2.412. Definitions. ***** Normal retirement date shall mean (1) For non-hazardous duty employees hired prior to the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 55 years and completed 20 years of credited service, or b. The date on which a participant has completed 30 years of credited service regardless of age, or 2 c. The date on which a participant has reached the age of 65 years and completed ten years of credited service. (2) For non-hazardous duty employees hired on or after the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or b. The date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, for non-hazardous duty employees, normal retirement date shall mean the earlier of: c. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or d. The date on which a participant has reached the age of 65 years and completed five years of credited service. (3) For hazardous duty employees, the date on which a participant has completed 20 years of credited service, or reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (4) For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. ***** Vesting shall mean the attainment of ten years of creditable service, at which time the member is entitled to service retirement benefits and non-service disability under the terms of the plan. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. ***** Section 2: Section 2.416 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Section 2.416. Normal retirement benefit. (a) For non-hazardous duty employees hired prior to the effective date of this 3 restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached the age of 65 years and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. For hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed 20 years of credited service regardless of age, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty; or the date on which the participant has reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (b) For non-hazardous duty employees hired prior to the effective date of this restatement, the normal retirement benefit shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. For non-hazardous duty employees hired on or after the effective date of this restatement, the normal retirement benefit for all credited service shall be determined by multiplying two percent of final average monthly compensation by the number of years of credited service. Effective October 1, 2022 for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be two and one half percent (2.5%). For hazardous duty employees, the normal retirement benefit for all credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty, shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. ***** Section 3: Section 2.419 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: 4 Section 2.419. Termination of employment benefit. (1) In the event a participant's employment with his employer is terminated for reasons other than retirement, disability or death, such participant shall be entitled to receive a termination of employment benefit that is equal to the participant's vested interest in his accrued benefit as of the date of his termination of employment. (2) a. A participant's vested interest in his accrued benefit shall be the following percentage of his accrued benefit, based upon such participant's full years of credited service as of the date of his termination of employment: TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 10 Years of Credited Service 0% 10 years or more 100% TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR NON-HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 5 Years of Credited Service 0% 5 years or more 100% ***** Section 4: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 5: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 6: All ordinances or parts of ordinances, resolutions, or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 5 Section 7: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. August 26, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Actuarial Impact Statement Dear Jay: As requested, we have prepared the enclosed Actuarial Impact Statement to illustrate the first-year impact of the proposed Ordinance which would amend the City of Clearwater Employees’ Pension Plan (Plan) by reducing the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increasing the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Please note that the results shown in this Impact Statement, both before and after the Plan changes detailed above, reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. Please have a Board member sign the enclosed Statement and send the Statement along with a copy of the proposed Ordinance to the Division of Retirement prior to the second reading of the proposed Ordinance. Summary of Findings • The Required City Contribution in the first year would increase by $568,415 or 0.60% of total covered payroll (1.04% of covered payroll for Non-Hazardous Duty members). • The Actuarial Accrued Liability (AAL) would increase by $2,698,651 (from $1,074,042,291 to $1,076,740,942). • The funded ratio (not including the Credit Balance in the Actuarial Value of Assets) would decrease by 0.28% (from 110.81% to 110.53%). Mr. Jay Ravins August 26, 2022 Page 2 Actuarial Assumptions and Methods Except as indicated above, all methods, assumptions, and other benefit provisions are the same as described in our January 1, 2022 Actuarial Valuation Report. The assumed termination and retirement rates used in the valuation were not modified in this impact statement, but the changes being considered may impact future termination and retirement experience. If the proposed changes are adopted, we recommend that the termination and retirement rates be reviewed and revised periodically to reflect emerging experience. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of this study does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. Mr. Jay Ravins August 26, 2022 Page 3 The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the Board of Trustees for the City of Clearwater Employees’ Pension Plan and is intended for use by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. This report is intended to describe the financial effect of the proposed plan changes on the retirement system. Potential effects on other benefit plans were not considered. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. GRS is not responsible for unauthorized use of this report. The calculations in this report are based upon information furnished by the City for the January 1, 2022 Actuarial Valuation Report and the Actuarial Impact Statement dated July 29, 2022 concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City. The actuarial assumptions and methods, financial data, and participant census data utilized in these calculations are the same actuarial assumptions and methods, financial data, and participant census data used in the Actuarial Valuation as of January 1, 2022 as presented in our Report dated April 26, 2022, except for the changes noted above. Mr. Jay Ravins August 26, 2022 Page 4 If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. If there are any questions or if we can be of further assistance, please contact us. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 5 CITY OF CLEARWATER EMPLOYEES’ PENSION PLAN Impact Statement – August 26, 2022 Description of Amendments The proposed ordinance would amend the Plan by reducing the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increasing the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 6 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Clearwater Employees’ Pension Plan Valuation Date January 1, 2022 Date of Report August 26, 2022 Report Requested by Board of Trustees Prepared by Gabriel, Roeder, Smith & Company Group Valued All active and inactive members. Benefits Being Considered for Change The proposed ordinance would amend the Plan as follows: Reduce the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increase the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Participants Affected The vesting change applies to all Non-Hazardous Duty members who were hired after September 30, 2012 and are actively employed on or after October 1, 2022. The benefit multiplier change applies to all Non-Hazardous Duty members who were hired after December 31, 2012 and are actively employed on or after October 1, 2022. Actuarial Assumptions and Methods Same Actuarial Assumptions and Methods used in the January 1, 2022 Actuarial Valuation. Some of the key assumptions/methods are: Investment Return: 6.50% Salary Increases: 2.75% to 7.60%, depending on service and employment classification Cost Method: Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 17 years, based on the average expected future service of the active members affected by the amendment. Summary of Data Used in Report See attached page; same as the data used in the January 1, 2022 Actuarial Valuation. 7 Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations Since the Plan remains fully funded as of January 1, 2022 after reflecting the liability increase for the proposed Plan change described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The cost impact shown on the enclosed exhibit represents the change in the Normal Cost of the Plan only. If the Plan were not fully funded, the hypothetical cost increase including a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan change would be $835,328 instead of $568,415. 8 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 12,017,928 3,858,839 4,491,787 3,667,302 F.ADC if Paid on the Valuation Date: D+E 12,017,928 3,858,839 4,491,787 3,667,302 G.ADC Adjusted for Frequency of Payments 12,799,094 4,109,664 4,783,753 3,905,677 H.ADC as % of Covered Payroll 13.61 %7.50 %22.30 %21.92 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 12,799,094 4,109,664 4,783,753 3,905,677 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 12,787,094 4,109,664 4,776,753 3,900,677 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 13.59 %7.50 %22.27 %21.89 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 P.Change in REC in Contribution Year 568,415 568,415 0 0 Q.Change in REC as % of Covered Payroll in Contribution Year 0.60 %1.04 %0.00 %0.00 % ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 9 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 11,484,205 3,325,116 4,491,787 3,667,302 F.ADC if Paid on the Valuation Date: D+E 11,484,205 3,325,116 4,491,787 3,667,302 G.ADC Adjusted for Frequency of Payments 12,230,679 3,541,249 4,783,753 3,905,677 H.ADC as % of Covered Payroll 13.00 %6.46 %22.30 %21.92 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 12,230,679 3,541,249 4,783,753 3,905,677 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 12,218,679 3,541,249 4,776,753 3,900,677 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.99 %6.46 %22.27 %21.89 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 10 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 438,323,325 $ 195,166,973 $ 132,183,013 $ 110,973,339 b. Vesting Benefits 43,070,172 31,931,079 6,508,958 4,630,135 c. Disability Benefits 23,332,405 4,061,301 11,265,294 8,005,810 d. Preretirement Death Benefits 5,628,580 3,518,110 1,104,571 1,005,899 e. Return of Member Contributions 2,250,755 1,101,724 660,464 488,567 f. Total 512,605,237 235,779,187 151,722,300 125,103,750 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,246,524,976 605,402,552 377,343,791 263,778,633 C.Actuarial Accrued (Past Service) Liability 1,076,740,942 543,888,550 316,534,086 216,318,306 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(113,405,467) (62,823,284) (30,596,564) (19,985,619) J.Funded Ratio = E.2. / C.113.67%114.67%112.81%112.42% K.Funded Ratio Excluding Credit Balance = E.3. / C.110.53%111.55%109.67%109.24% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 11 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 433,429,893 $ 190,273,541 $ 132,183,013 $ 110,973,339 b. Vesting Benefits 38,600,033 27,460,940 6,508,958 4,630,135 c. Disability Benefits 23,237,157 3,966,053 11,265,294 8,005,810 d. Preretirement Death Benefits 5,472,520 3,362,050 1,104,571 1,005,899 e. Return of Member Contributions 4,099,684 2,950,653 660,464 488,567 f. Total 504,839,287 228,013,237 151,722,300 125,103,750 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,238,759,026 597,636,602 377,343,791 263,778,633 C.Actuarial Accrued (Past Service) Liability 1,074,042,291 541,189,899 316,534,086 216,318,306 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(116,104,118) (65,521,935) (30,596,564) (19,985,619) J.Funded Ratio = E.2. / C.113.96%115.25%112.81%112.42% K.Funded Ratio Excluding Credit Balance = E.3. / C.110.81%112.11%109.67%109.24% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 12 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $14,064,080 $5,127,343 $4,841,561 $4,095,176 2.Vesting 2,837,514 1,966,591 502,014 368,909 3.Disability Benefits 2,091,005 320,374 1,008,502 762,129 4.Death Benefits 242,443 139,521 49,375 53,547 5.Refund of Contributions 745,111 519,100 124,682 101,329 6.Total for Future Benefits 19,980,153 8,072,929 6,526,134 5,381,090 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 20,312,975 8,242,799 6,623,108 5,447,068 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 12,017,928 3,858,839 4,491,787 3,667,302 E. Employer Normal Cost as % of Covered Payroll 12.78%7.04%20.94%20.58% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 13 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $13,736,099 $4,799,362 $4,841,561 $4,095,176 2.Vesting 2,496,928 1,626,005 502,014 368,909 3.Disability Benefits 2,085,171 314,540 1,008,502 762,129 4.Death Benefits 232,646 129,724 49,375 53,547 5.Refund of Contributions 895,586 669,575 124,682 101,329 6.Total for Future Benefits 19,446,430 7,539,206 6,526,134 5,381,090 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 19,779,252 7,709,076 6,623,108 5,447,068 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 11,484,205 3,325,116 4,491,787 3,667,302 E. Employer Normal Cost as % of Covered Payroll 12.21%6.07%20.94%20.58% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 14 ACTIVE MEMBERS Number 1,510 1,083 232 195 Covered Annual Payroll $94,070,686 $54,799,503 $21,449,955 $17,821,228 Average Annual Payroll $62,298 $50,600 $92,457 $91,391 Average Age 44.1 45.6 39.4 41.0 Average Past Service 10.6 10.3 10.9 11.6 Average Age at Hire 33.5 35.3 28.5 29.4 RETIREES & BENEFICIARIES Number 1,263 805 273 185 Annual Benefits $50,117,248 $27,967,892 $13,384,612 $8,764,744 Average Annual Benefit $39,681 $34,743 $49,028 $47,377 Average Age 68.1 69.9 64.0 66.5 DISABILITY RETIREES Number 127 34 51 42 Annual Benefits $4,317,063 $750,101 $2,064,856 $1,502,106 Average Annual Benefit $33,993 $22,062 $40,487 $35,764 Average Age 65.5 71.1 61.9 65.4 TERMINATED VESTED MEMBERS Number 79 58 13 8 Annual Benefits $1,669,968 $1,091,817 $382,769 $195,382 Average Annual Benefit $21,139 $18,824 $29,444 $24,423 Average Age 49.0 50.9 44.7 42.7 PARTICIPANT DATA - BEFORE AND AFTER PLAN CHANGES January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire May 18, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Current Plan versus Alternative Scenario with 30-Year Projections for Nonhazardous Duty Members Dear Jay: Gabriel, Roeder, Smith & Company (GRS) has been engaged by the City of Clearwater to prepare projections of costs for the City of Clearwater Employees’ Pension Plan (Plan). This letter presents 30- year projections of the cost for Nonhazardous Duty members of the current pension plan and one alternative scenario. It also includes a discussion of risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of January 1, 2022. The enclosed exhibits present the following: 1. Baseline Projection: 30-year projections of current pension plan benefits using the current assumptions and methods as described in the January 1, 2022 Actuarial Valuation Report dated April 26, 2022. The projections were prepared assuming that the actual market returns match the investment return assumption each year, including an assumed 6.50% return on the market value of assets for every year of the projection period. Current pension benefits to Nonhazardous Duty members include the following: • Vesting: Members become 100% vested after completing 10 years of Credited Service. • Benefit for Post-2012 Hires: 2.00% of Average Final Compensation multiplied by years of Credited Service. 2. Alternative Scenario: Same as the Baseline Projection EXCEPT: • Vesting: Nonhazardous Duty Members would become 100% vested after completion of 5 years of Credited Service. • Benefit for Post-2012 Hires: The benefit multiplier for Nonhazardous Duty post-2012 hires would be increased from 2.00% to 2.50% for future Credited Service. Mr. Jay Ravins May 18, 2022 Page 2 For purposes of the projection study, the proposed Plan changes are assumed to become effective on January 1, 2022. A later effective date would not be anticipated to have a material impact on the projection results. Except as indicated above, all methods, assumptions, and other benefit provisions are the same as described in our January 1, 2022 Actuarial Valuation Report. The assumed termination and retirement rates used in the valuation were not modified in this study, but the changes being considered may impact future termination and retirement experience. If the proposed changes are adopted, we recommend that the termination and retirement rates be reviewed and revised periodically to reflect emerging experience. Since the Plan remains fully funded as of January 1, 2022 after reflecting the liability increases for the proposed Plan changes described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The projected cost impacts shown on the enclosed exhibit represent the change in the Normal Cost of the Plan only since the Plan is projected to remain fully funded based on the assumptions detailed in this study. In order to model the projected impact on the City’s contribution requirements if the Plan were not fully funded, the last column of the exhibit shows a hypothetical cost increase that includes a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan changes. Per the Plan’s Funding Policy, the amortization period for the UAL payment is based on the average expected future service of the active members affected by the Plan change. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: Mr. Jay Ravins May 18, 2022 Page 3 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the City of Clearwater and is intended for use by the City and those designated or approved by the City or the Board of Trustees. This report may be provided to parties other than the City and Board only in its entirety and only with the permission of the City and Board. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to Plan benefits. This report should not be relied on for any purpose other than the purpose described. Mr. Jay Ravins May 18, 2022 Page 4 The calculations in this report are based upon information furnished by the Plan Administrator for the January 1, 2022 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to exactly match the actuarial assumptions, including the assumed investment return on the market value of assets. Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) at their dates of employment as those of current members hired between January 1, 2017 and January 1, 2022 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. In the event that more than one plan change is being considered, it is very important to remember that the results of separate actuarial valuations cannot generally be added together to produce a correct estimate of the combined effect of all of the changes. The total can be considerably greater than the sum of the parts due to the interaction of various plan provisions with each other, and with the assumptions that must be used. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Mr. Jay Ravins May 18, 2022 Page 5 Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 6 $ Amount % of Pay $ Amount % of Pay 2023 54,799,503 3,541,249 6.46%112%54,799,503 4,136,902 7.55%112%595,653 876,467 2024 55,499,294 3,420,523 6.16%117%55,499,294 4,115,994 7.42%116%695,471 976,285 2025 56,277,448 3,317,961 5.90%123%56,277,448 4,110,475 7.30%122%792,513 1,073,327 2026 57,142,288 3,225,565 5.64%128%57,142,288 4,112,471 7.20%127%886,907 1,167,721202758,107,951 3,150,753 5.42%131%58,107,951 4,128,267 7.10%130%977,514 1,258,328 2028 59,064,340 3,079,949 5.21%133%59,064,340 4,147,159 7.02%132%1,067,210 1,348,024 2029 60,165,432 3,023,265 5.02%135%60,165,432 4,176,660 6.94%133%1,153,396 1,434,210 2030 61,316,899 2,970,985 4.85%137%61,316,899 4,210,220 6.87%135%1,239,235 1,520,049 2031 62,515,730 2,929,611 4.69%139%62,515,730 4,251,916 6.80%137%1,322,305 1,603,119 2032 63,741,180 2,897,289 4.55%141%63,741,180 4,300,441 6.75%139%1,403,152 1,683,966 2033 65,000,651 2,869,546 4.41%144%65,000,651 4,354,497 6.70%141%1,484,951 1,765,765203466,357,706 2,850,238 4.30%147%66,357,706 4,413,787 6.65%144%1,563,548 1,844,362 2035 67,749,582 2,838,306 4.19%149%67,749,582 4,478,337 6.61%146%1,640,031 1,920,845 2036 69,174,327 2,835,289 4.10%153%69,174,327 4,550,590 6.58%149%1,715,301 1,996,115 2037 70,676,340 2,843,316 4.02%156%70,676,340 4,631,316 6.55%152%1,788,001 2,068,815 2038 72,207,745 2,854,723 3.95%160%72,207,745 4,716,154 6.53%154%1,861,431 2,142,245 2039 73,824,987 2,878,234 3.90%163%73,824,987 4,810,134 6.52%158%1,931,900 2,212,714 2040 75,486,239 2,906,796 3.85%168%75,486,239 4,905,646 6.50%161%1,998,850 1,998,850204177,198,961 2,940,356 3.81%172%77,198,961 5,004,674 6.48%164%2,064,318 2,064,318 2042 78,940,718 2,978,396 3.77%177%78,940,718 5,106,272 6.47%168%2,127,876 2,127,876204380,725,764 3,019,928 3.74%182%80,725,764 5,211,684 6.46%172%2,191,757 2,191,757 2044 82,547,476 3,065,278 3.71%187%82,547,476 5,320,637 6.45%176%2,255,359 2,255,359 2045 84,385,598 3,114,098 3.69%192%84,385,598 5,431,277 6.44%180%2,317,179 2,317,179 2046 86,290,276 3,168,801 3.67%198%86,290,276 5,546,831 6.43%184%2,378,031 2,378,031 2047 88,234,933 3,227,266 3.66%204%88,234,933 5,665,433 6.42%189%2,438,167 2,438,167 2048 90,243,825 3,290,200 3.65%210%90,243,825 5,789,209 6.42%193%2,499,009 2,499,009 2049 92,247,921 3,354,613 3.64%217%92,247,921 5,914,085 6.41%198%2,559,472 2,559,472205094,286,534 3,421,108 3.63%224%94,286,534 6,041,370 6.41%203%2,620,262 2,620,262 2051 96,366,988 3,491,240 3.62%231%96,366,988 6,173,227 6.41%208%2,681,986 2,681,986 2052 98,484,625 3,564,412 3.62%238%98,484,625 6,308,848 6.41%213%2,744,437 2,744,437 Total 93,069,292 146,064,511 52,995,219 57,769,057 Total Present Value at 6.50%43,203,641 63,164,469 19,960,827 22,984,566 Assumptions Investment Return Assumption and Actual Return on Plan Assets 6.50% Increase in Administrative Expenses Per Year 2.25% No future actuarial experience gains or losses All other assumptions and methods are the same as those used in the January 1, 2022 Actuarial Valuation Report City of Clearwater Employees' Pension Plan 30-Year Projection of Actuarially Determined Contributions for Nonhazardous Duty Members Current Plan Provisions Alternative Scenario: 5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members Actuarially Determined Contribution Funded Ratio on Valuation Date Actuarially Determined Contribution Funded Ratio on Valuation Date Hypothetical Cost / (Savings) Incl UAL Pmt Pensionable Payroll Fiscal Year Ending Pensionable Payroll Cost / (Savings) as $ Amount 7 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 Projected City Contributions ($)(Millions)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Nonhazardous Duty Members Current Plan (No Changes) Alternative Scenario (5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members) 8 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%Projected City Contributions (% of Pay)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Nonhazardous Duty Members Current Plan (No Changes) Alternative Scenario (5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1215 Agenda Date: 11/17/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances Chapter 33, Waterways, Section 33.058, Same-Areas defined, to add subsections 14-18, establishing slow speed - minimum wake zones along Stevenson Creek, and pass Ordinance 9640-22 on first reading. SUMMARY: Stevenson Creek is a narrow, tidal-influenced, creek leading to Clearwater Harbor within the jurisdictional boundaries of the City of Clearwater. The creek flows into the harbor under the Fort Harrison Avenue bridge, just south of Sunset Point Road. Stevenson Creek was barely navigable to motorized vessels until it was dredged in 2014. Since that time, those living on the creek have complained of vessels travelling through this narrow and shallow body of water at unsafe speeds. The creek is very narrow in areas (< 75 ft.) and has limited sight distances around the bridges. There are four bridges with low vertical and narrow horizontal clearances that pass over Stevenson Creek (Betty Lane, Douglas Avenue, Pinellas Trail, and Fort Harrison Avenue). These clearances limit visibility and sight distances around each of the bridges and in the narrow portions of the creek. Florida State Statutes provide for local regulation of waterways when these safety conditions exist. The permitting process is very specific. The first step requires the passage of a local ordinance indicating the area a local governing body wishes to regulate. Upon passage, the State of Florida will review the ordinance and conditions to determine if local regulation is appropriate. The City has provided the State with a draft ordinance along with a legal description and map of the area it seeks to restrict to “slow speed, minimum wake” operation. A preliminary review of these documents by the State leads the City to believe that the State would likely approve its request. The proposed amendment to the Clearwater Code of Ordinances would allow us to begin the permitting process that would ultimately result in establishing slow speed, minimum wake zones around all the bridges that cross over Stevenson Creek and in the very narrow areas of the creek. Such slow speed, minimum wake zones would not go into effect until approval by the State and other requisite regulatory agencies and authorities. These actions are necessary to ensure the safety of the public operating all classes of vessels in and around these areas. Page 1 City of Clearwater Printed on 11/15/2022 Ordinance No. 9640-22 ORDINANCE NO. 9640-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CITY OF CLEARWATER CODE OF ORDINANCES BY MODIFYING PROVISIONS OF CHAPTER 33, WATERWAYS AND VESSELS, REGULATING VESSEL OPERATION WITHIN CERTAIN AREAS OF STEVENSON CREEK; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, boating safety concerns regarding the operation of marine vessels at unsafe speeds within Stevenson Creek were brought to the attention of the City of Clearwater (the “City”); and WHEREAS, Florida Statute § 327.46(1)(b) authorizes the City to establish slow speed, minimum wake boating-restricted areas by ordinance when an area is 1.) within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet and 2.) on a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline; and WHEREAS, the City has decided to establish slow speed, minimum wake boating- restricted areas along Stevenson Creek to alleviate unsafe boating practices; and WHEREAS, the City has determined that the establishment of such slow speed, minimum wake boating-restricted areas will promote public safety and welfare for both Clearwater residents and boaters; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 33, Waterways and Vessels, Section 33.058. Same-Areas Defined., City of Clearwater Code of Ordinances, be amended to add the following additional subsections and read as follows: Section 33.058. – Same-Areas defined. * * * * * * * * * * (14) Slow speed – Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Easterly of the center point located at the center of Betty Lane Bridge, that point having a Latitude of 27°58’43.73” North and Longitude 82°47’01.11” West. (15) Slow speed – Minimum wake zone, Stevenson Creek. Stevenson Creek area between Betty Lane Bridge and Douglas Avenue Bridge. (16) Slow speed – Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Northwesterly of the center point located at the center 2 Ordinance No. 9640-22 of Douglas Avenue Bridge, that point having a Latitude of 27°58’59.53” North and Longitude 82°47’17.41” West. (17.) Slow speed – Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Southeasterly and Northwesterly of the center point located at the center of Pinellas Trail Bridge, that point having a Latitude of 27°59’13.34” North and Longitude 82°47’30.92” West. (18) Slow speed – Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Easterly of the center point located at the center of Edgewater Drive Bridge, that point having a Latitude of 27°59’22.93” North and Longitude 82°47’44.56” West. 6. Intercostal Waterways area within a 300 feet distance, Westerly of the center point located at the center of North Fort Harrison Avenue/Edgewater Drive (US-19A) Bridge over Stevenson Creek, that point having a Latitude of 27°59’22.93” North and Longitude 82°47’44.56” West. Section 2. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 3. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute or administrative rule. Section 4. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 5. This ordinance shall take effect upon completion of the following: approval and adoption by the City of Clearwater City Council, approval by the Florida Fish and Wildlife Conservation Commission and other requisite regulatory entities, and upon posting of the requisite regulatory markers. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1023 Agenda Date: 11/17/2022 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Conduct City Attorney evaluation. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/15/2022 City Attorney Annual Evaluation Looking at the Mayor’s evaluation form, I would give David Margolis all 5’s across the board. I have been very happy with his service to the city and can find nothing at fault in his performance. We spoke at length during the hiring process about his managerial style and how he would run the legal department. I was impressed at the time and remain so. Our weekly meetings are something to which I always look forward. David is always prepared to fill me in and explain the intricacies of the issues the city is facing. Any question I have I know he will be able to answer to my satisfaction. All in all, a great first year on the job and I hope there will be many more to come. bath/Mort 1)/-*Ii.1 cc\ks itiii City of Clearwater November 14, 2022 aty Attorney Annual Ewduation Form David Allbritton - Councilmember Providon of Legai Se Aar& all categories 1-5 1- the pericernance standard) does not meet the performance stanched cthe advice in a constructive, results oriented andu Advice is well thought out and concise b. Capably represents thef hearins, pension, disabilities, negotia 4 Comments. Ci Score: 4 rtse May be too restrictive in negotiating some Contracts, sometimes giving political concerns too much weight. d. Ensures in conjunction whh CM that ordinances and codes in an effclent mareter to sstandards. 5 Comments: Score: 5 Annear consistent with th office of City Attorney. i've been satisfied with the City Attorney in this respect. Has done a great job reorganizing his office and staying within budget, cutting back external council where needed and pulling all legal services under his umbrella. see comment above Cust Ccenments: rets: Spent overtime in negotiating the Contract and development agreement with The Bluffs Group, and spent extra time helping in negotiations with Ruth Eckerd. Score: 4 rn in un lar has always been available to me when I've had questions or concerns. andplete responses to council 5 always has a list of concerns to go over during weekly meetings and listens to concerns I may have and gives good legal advice. c. Maintains a professional objective and unbiased relation to council. Score 4 Co nts: always a professional, objective and unbiased relation to council. Score 3 from city business. I think he does I'm not aware that he doesn't do that Score 33 I would like to see him 4 ylp wieithCM ensurim efficient ars! effective They seem to work together well. 4 seems to always give impartial advice to Council and City Manager V1L Mariwerriien#Characteristics 1. Atti 2. Creel 5 4 3.Ob'. 4 4. Dtease ess 4 S. Etre rrsents. My only complaint is not getting told before a couple of events that I would be responsible for the cost of the event, as previously Council was not. It was discussed, but not made clear before the event. Other David is a bright attorney with great credentials to represent the City ofClearwater. He has shown he is a good fit for the city in his first year. He shows good communication skills and the abili to reorganize his department in a more efficient manner. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1227 Agenda Date: 11/17/2022 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Conduct City Manager evaluation. SUMMARY: Page 1 City of Clearwater Printed on 11/15/2022 City Manager Annual Evaluation Jon Jennings has accomplished a lot in his first year and is leading Clearwater in the right direction. As I’ve said in past meetings, I have been impressed at how he hit the ground running and the priorities he has chosen to tackle out of the gate. I love the increased attention to neighborhoods and the repairing of streets and sidewalks which had been sorely neglected. I wholeheartedly support his restructuring of the city departments, the introduction of the Office of Innovation and the swift handling of some troubling human resources issues. There are only two incidents of poor communication that I view as negative and those surround the confusion over the new location of the PSTA as well as the loss of the firehouse affordable housing project due to Scientology’s meddling both of which I learned about from the Tampa Bay Times. That is the only blemish I see on his first year of service here in Clearwater. Moving forward, we will undoubtably disagree on how the city deals with Scientology and I imagine I will be a lone voice urging caution. That said, I know the city manager honestly believes working with Scientology is best for the city and I trust he understands that as the loyal opposition I will continue to speak honestly and bluntly about David Miscavige’s actions. There are a lot of exciting changes afoot and I know Jon will continue to be a strong leader. CITY MANAGER (Clearwater, FL) 2022 EVALUATION Scheduled for Council Meeting: 11/17/22 ASSISTING COUNCIL WITH ITS POLICY-MAKING ROLE Weak Strong A. Providing Information 1. Does the City Manager keep you informed, 1 2 33 4 5 in a timely manner, of the things you want to know about? 2. Do you feel that you receive information on 1 2 3 44 5 an equal basis with other Council members? 3. Do reports provide adequate information 1 2 3 4 5 and analysis to help you make sound decisions? 4. Are agenda items and supporting documents 1 O 3 4 5 brought to the Council in sufficient time for deliberations? 5. Does the City Manager follow up promptly 1 2 3 on Council requests for information or action without having to be reminded? O 5 1\11-7192, Comments 1. Clear communications- I was not told Intermodal property was "off the table". Wasn't his call to do so. 4. I'd like agenda items with attached documents a full week in advance. 1 B. Providing Advice 1. Does the City Manager have adequate knowledge of municipal affairs? Weak 1 2 3 2. Does he exercise good judgment? 1 2 3. Do you feel that the City Manager considers • 1 2 alternatives before making recommendations? 4. Does the City Manager plan ahead, anticipate 1 2 3 needs and recognize potential problems? 5. How do you feel about the quality of analysis 1 2 3 that accompanies recommendations? 6. Does he have a good sense of timing in 1 2 3 bringing issues to the Council for action? Strong 0 5 4 5 4 5 O 5 O 5 0 5 Comments 2. Again, bad judgement in telling newspaper that Intermodal site which had unanimous Council support 6 months prior was " off the table" for the swap with PSTA after winning $20M federal grant, and saying he had covered that with each Council member. INTERNAL ADMINISTRATION Weak A. Financial Management Strong 1. Are you comfortable with the City Manager's, 1 2 3 4 approach to budget preparation and review? 2. Is the City Manager effective in controlling 1 2 3 costs through economical utilization of manpower, materials and equipment? 3. Does the City Manager have sufficient 1 2 knowledge of financial matters? 0 4. Does the City Manager provide you with 1 2 3 sufficient information on the financial status of the City government? 5. Is the budget submitted on time? 1 2 3 0 0 5 4 5 0 0 5 5 Comments This was a windfall year for tax revenue. It's more telling how he handles budgets in a lean year. 2 Weak Strong B. Personnel Management 1. Is the City Manager successful in guiding 1 2 people so that they work together as a team toward common objectives? 0 2. Is the City Manager effective in selecting and 1 2 3 placing personnel? 3. Does the City Manager develop and motivate 1 2 personnel so that they are increasingly effective in performing their duties? 0 4 5 0 5 4 5 4. Is the City Manager willing to face up to 1 2 3 4 disciplinary problems and take action when warranted? 5. Is the City Manager effective in promoting 1 2 positive employer-employee relations? 0 6. Is the City Manager effective on assuring that 1 2 3 staff makes a positive impression on citizens? 4 0 0 5 5 Comments Jon started his job by looking closely at all departments and how efficiently they were run. I know he saw more problems that needed to be resolved than what appeared on the surface. He took positive steps on reorganization throughout all departments. I give him credit on doing this while his health was poor. Weak Strong C. Getting the Job Done 1. Do you have the feeling that things the 1 2 3 4 5 Council decides or directs get done? 2. Does the City Manager organize or assign 1 2 3 work so that it is performed efficiently and effectively? 0 5 3. Does the City Manager pay sufficient attention 1 2 3 44 5 to detail to avoid error or things "slipping through the cracks"? 4. Does the City Manager put in sufficient time 1 22 3 4 5 and effort to perform to your expectations? • 5. Does the City Manager have a good sense of 1 2 33 4 5 priorities in the way he spends his time on the job? 3 6. Is the City Manager able to analyze problems 1 2 3 or issues and identify causes, reasons and implications? 5 Comments His poor health started him off performing less than expected. He seems to have overcome the effects of Covid during late second quarter of the year. I expect a better preformance this next year, as he will have many development opportunities to deal with. EXTERNAL RELATIONS Weak Strong_ A. Citizen Relations 1. Does the City Manager generally make a 1 2 O3 4 5 positive impression on citizens and is he respected in the City of Clearwater? 2. Is he effective in handling disputes or 1 2 03 4 5 complaints involving citizens? 3. Does the City Manager have appropriate) 1 2 3 4 5 visibility or identity in the community? 4. Does the City Manager represent Council 1 2 O3 4 5 positions and policies accurately and effectively? 5. Does the City Manager give sufficient credit 1 2 3 44 5 to Council? 6. Does the City Manager think and act in a 1 2 O3 4 5 manner reflecting an attitude that client Council, staff or citizens) perceptions and satisfactions are key? Comments I think health reasons this year have kept him from being as involved in the community as I would have hoped he would be. He showed an ability to reach out to many community leaders before he was hired. I hope he gets back to reaching out again and is more forward facing to the public. Weak B. Intergovernmental Relations 1. Is the City Manager effective representing 1 2 3 the City's interests in dealing with other agencies? 2. Does the City Manager participate in enough 1 2 intergovernmental activity to have an impact on behalf of the City? 0 Strong O 5 4 5 4 Comments I'd like to see him at more forward facing with intergovernmental events. Now that his health is better I expect that to happen. We need a strong relationship with the county because of their desire to move government offices away from downtown in the future. Clearwater needs to be be planning development opportuinities with the void that will be left. We need a strong voice in the TDC for funding of upcoming projects and needs. PERSONAL CHARACTERISTICS Weak Strong A. Personality 1. Is the City Manager's personality suited to 1 2 3 effective performance of his duties? B. Communications 1. Is the City Manager easy to talk to? 2. Do you feel he is a good listener? 3. Are communications thoughtful, clear and to the point? 4. Does the City Manager show sensitivity to the concerns of others? 1 2 3 1 3 1 2O 3 1 2 3 0 4 4 5 5 0 5 0 5 Comments Most of the time he is clear and to the point, but some issues have not been so clear as to his actual agenda. He needs to always be upfront with Council on his plans and actions. Weak 1. Does the City Manager demonstrate interest 1 2 and enthusiasm in performing his duties? C. Management Style 2. Does he have sufficient leadership 1 2 characteristics to command respect and good performance from employees? 3. Does the City Manager show initiative and 1 2 creativity in dealing with issues, problems and unusual situations? 4. Is the City Manager open to new ideas and 1 2 suggestions for change? 5. Is the City Manager honest and ethical? 1 2 6. Does the City Manager work well under 1 2 pressure? 3 3 3 Strong 0 0 0 3 4 3 4 O 5 5 5 O 0 3 5 5 7. Can the City Manager consistently put 1 aside personal views and implement Council policy and direction? 3 4 5 Comments I was disappointed with the way he handled the Intermodal Center award of $ 20 million from FTA in saying the land was off the table. He should have heralded the accomplishment that was worked on for years instead of creating doubt for so many people that supported this project. VISION ACCOMPLISHMENTS Weak Strong 1. Does the City Manager demonstrate interest 1 2 3 44 5 and enthusiasm about the Council's Vision for the City? 2. Has the City Manager given staff enough support 1 2 3 44 5 to carry out the Council's Vision? 3. Has the City Manager contained the growth of 1 2 3 O4 5 public safety personnel? 4. Has the City Manager supported policies that will 1 2 33 4 5 increase safety in the City of Clearwater? 5. Has the City Manager created an atmosphere 1 2 3 44 5 for redevelopment throughout the City? 6. Does the City Manager support responsible 1 2 3 4 infrastructure maintenance? 7. Does the City Manager place enough emphasis 1 2 3 44 5 on the need for asset management and technological improvements throughout the City? 8. Has the City Manager supported a wide variety 1 2 3 44 5 of cultural and recreational offerings? 9. Do the City Manager's actions show an active 1 2 3 44 5 interest in the health and safety of the City's neighborhoods? 0 10. Does the City Manager give his staff the tools 1 2 3 necessary to provide efficient, responsive city services? 11. Does the City Manager create an atmosphere 1 2 3 in which employees can enjoy working for the City? 0 0 5 5 6 12. Do the City Manager's personnel policies reflect the need to compete for and cultivate talented employees? 1 2 3 13. Has the City Manager helped to make Clearwater 1 2 a wonderful place to live, learn, work and play? ACHIEVEMENTS 0 0 5 4 5 List the top three achievements or strong points of the City Manager for the past twelve (12) months. 1. Giving neighborhoods more representation through expanded city staff. 2. Reorganizing city departments to run more efficiently. 3. Having ability to see development opportunities by having a new perspective. 4. Creation of a public works dept. 5. Where we had no communication before, he has started talking with the COS about aligned future goals. FUTURE DEVELOPMENT List three goals for the City Manager that you feel are the most important targets for this year. 1. Open Imagine Clearwater in June. 2. Negotiate a positive outcome with Ruth Eckerd and City for the amphitheater management. 3. Complete with Council's help the City's strategic plan. 4. Be more public facing and engaging with other city leaders. OVERALL RATING Council Member Date Weak Strong 1 2 3 O 5 David Allbritton 11/17/22 7 City Manager Performance Evaluation City of ( 1/ eare../c,.. 71e Evaluation period: g k to A4v 2 Z z2a... k Governing Body Member's Name Each member of the governing body should complete this evaluation form, sign it in the space below, and return it to . The deadline for submitting this performance evaluation is Evaluations will be summarized and included on the agenda for discussion at the work session on 1q4 Mayor's Signature Date Governing Body Member's Signature Date Submitted Page 1 of 7 INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS VDiligent and thorough in the discharge of duties, "self-starter" Exercises good judgment J Displays enthusiasm, cooperation, and will to adapt Mental and physical stamina appropriate for the position Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal 070 + 5 = 7' score for this category Page 2 of 7 Initials 2. PROFESSIONAL SKILLS AND STATUS 5' Maintains knowledge of current developments affecting the practice of local government management t/ Demonstrates a capacity for innovation and creativity Anticipates and analyzes problems to develop effective approaches for solving them Willing to try new ideas proposed by governing body members and/or staff Y Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal G2_2 + 5 = y V score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY 9 Carries out directives of the body as a whole as opposed to those of any one member or minority group 5 Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions 7 Disseminates complete and accurate information equally to all members in a timely manner 5- Assists by facilitating decision making without usurping authority Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal 023 + 5 = y (o score for this category 4. POLICY EXECUTION P Implements governing body actions in accordance with the intent of council Supports the actions of the governing body after a decision has been reached, both inside and outside the organization J Understands, supports, and enforces local government's laws, policies, and ordinances Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness 7 Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal -2-2 + 5 = /, 7 score for this category Page 3 of 7 Initials 5. REPORTING Provides regular information and reports to the governing body concerning matters of importance to the local government, using the city charter as guide Responds in a timely manner to requests from the governing body for special reports Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non -routine and not administrative in nature Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny Add the values from above and enter the subtotal ,2D + 5 = 7" score for this category 6. CITIZEN RELATIONS 3 Responsive to requests from citizens Demonstrates a dedication to service to the community and its citizens Maintains a nonpartisan approach in dealing with the news media Meets with and listens to members of the community to discuss their concerns and strives to understand their interests Gives an appropriate effort to maintain citizen satisfaction with city services Add the values from above and enter the subtotal 10 : 5 = 7 score for this category 7. STAFFING 5 Recruits and retains competent personnel for staff positions Applies an appropriate level of supervision to improve any areas of substandard performance r Stays accurately informed and appropriately concerned about employee relations Professionally manages the compensation and benefits plan Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal -1V _ 5 = «e score for this category Page 4 of 7 Initials 8. SUPERVISION Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the city manager's office Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback Encourages teamwork, innovation, and effective problem -solving among the staff members Add the values from above and enter the subtotal 2 1 + 5 = L score for this category 9. FISCAL MANAGEMENT Prepares a balanced budget to provide services at a level directed by council 5 Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively Prepares a budget and budgetary recommendations in an intelligent and accessible format Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability Appropriately monitors and manages fiscal activities of the organization Add the values from above and enter the subtotal £.2 _ 5 = `-y score for this category Page 5 of 7 Initials 10. COMMUNITY Shares responsibility for addressing the difficult issues facing the city Avoids unnecessary controversy 5 Cooperates with neighboring communities and the county Helps the council address future needs and develop adequate plans to address long term trends S Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal a 3 + 5 = b score for this category 4y/9 /7;/ NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? Jo' A -_r c%k-3.-• a r, e 3ece//e t f 0.40 on 21/a.nfi o / a - 11-1e. a /on - /ay", FU 1 G`at- C' o / C/A - 71. 2r- / / I - `i i k ham- A Q --J / /ylo Ci Scs r..-- GY t, c T c G/ J / -1 1-4 k G.%e.ve necc/J0,/. Re_ -t/0-A/i-r f iv.4.46oriaCJo je. e bee" vo What performance area(s) would you identify as most critical for improvement? 1,:^,-114-1)A/C4- 7111-1 tn.)/ 1 v c / / o,. cal / rJ d /iG . Cje A a -Y e , / / (4 AA .) 74% 74 G -y -e. a c v j fe - c 74v s e - e/‘";-) CA'') D v 71 a ,bio ? fd r,ri / Z h/•ti LC /h /1 c "—, C " /e / /A 4/ ,_)/ /% 7-e.72/6 r -n 2[/DT/ - Page 6 of 7 Initials What constructive suggestions or assistance can you offer the manager to enhance performance? G.)/// 6 e CA/ c J f e. cJ What other comments do you have for the manager; e.g., priorities, expectations, goals or ten 7111 4t)/ re - pijo...i/zos foo e TI/ *'rt C/ -e J objectives for the new rating period? O7 JT"- /oUK‘ 7, 71G 7 /74 trey -a ...J pii ) /l J ,-e c) L C G+-"- J i''^ ' 7 , ^ /e 1 Q°-tc a.-rki lea.ge ncal gA)Hs Jtje r c) f/e Aoti'J a -f 2./ 0 n 11 !J e 710 "yr -0 pef c Cod, /e. to G-) .---cIecJ 2 k..)at O / /1-7 v oi,.^ 740 )4-' Cei% dpi c X11 /d 61 / Page 7 of 7 Initials