03/31/2025Monday, March 31, 2025
1:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Community Redevelopment Agency
Meeting Agenda
March 31, 2025Community Redevelopment Agency Meeting Agenda
1. Call To Order
2. Approval of Minutes
2.1 Approve the minutes of the February 3, 2025 CRA meeting as submitted in
written summation by the City Clerk.
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Present March Business Spotlight to Vital Life Fitness dba RIFT Fitness.
4.2 Approve payment to Duke Energy of Florida to replace overhead power lines
with new underground distribution lines and facilities on Myrtle Avenue from
Cleveland St. to Court St. in the amount of $671,431.56 and authorize
appropriate officials to execute same.
4.3 Approve the Property Disposition Strategy for City of Clearwater and
Clearwater Community Redevelopment Agency owned properties.
4.4 Approve a North Greenwood Commercial Grant for Tori and Timothy Charles
located at 1215 N Martin Luther King Jr. Ave, Clearwater, FL 33755 in an
amount not to exceed $74,516.91 and authorize the appropriate officials to
execute same.
4.5 Approve a North Greenwood Commercial Grant for Killarney 6 Investment
Group, Inc located at 1115 N Martin Luther King Jr. Ave. and 1107 N. Martin
Luther King Jr, Ave, Clearwater, FL 33755 in an amount not to exceed $75,000
and authorize the appropriate officials to execute same.
4.6 Downtown Revitalization
5. Director's Report
6. Adjourn
Page 2 City of Clearwater Printed on 3/25/2025
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0072
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the February 3, 2025 CRA meeting as submitted in written summation
by the City Clerk.
Page 1 City of Clearwater Printed on 3/25/2025
Community Redevelopment Agency Meeting Minutes February 3, 2025
Page 1 City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, February 3, 2025
1:00 PM
Main Library - Council Chambers
Community Redevelopment Agency Draft
Community Redevelopment Agency Meeting Minutes February 3, 2025
Page 2 City of Clearwater
Roll Call
Present 5 - Chair Bruce Rector, Trustee Ryan Cotton, Trustee Michael Mannino,
Trustee David Allbritton, and Trustee Lina Teixeira
Also Present: Jennifer Poirrier – City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy City Clerk, and Jesus Niño – CRA Executive Director
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved 1. Call to Order – Chair Rector
The meeting was called to order at 1:00 p.m. 2. Approval of Minutes
2.1 Approve the minutes of the January 13, 2025 CRA meeting as submitted in written
summation by the City Clerk.
Trustee Cotton moved to approve the minutes of the January 13,
2025 CRA meeting as submitted in written summation by the City
Clerk. The motion was duly seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda – None. 4. New Business Items 4.1 Present February Business Spotlight: Bay Area Insurance Shop, Inc.
For nearly three decades, Bay Area Insurance Shop has been a cornerstone of
the Clearwater community, offering trusted insurance solutions to local
individuals and families. This year, they celebrate 28 years of dedicated service
to Clearwater’s residents.
Bay Area Insurance Shop, Inc. is deeply committed to making a positive impact
within the Clearwater community. Their belief in the power of local support and
meaningful connections drives their efforts to give back-whether through
sponsoring local events, supporting vital causes, or providing personalized
services. Through these actions, Bay Area Insurance Shop, Inc. is proud to play Draft
Community Redevelopment Agency Meeting Minutes February 3, 2025
Page 3 City of Clearwater
a role in strengthening and enriching the community, helping to build a more
vibrant and connected future for all.
STRATEGIC PRIORITY:
2.1 Strengthen public-private initiatives that attract, develop, and retain
diversified business sector.
3.1 Support neighborhood identity through services and programs that empower
community pride and belonging.
CRA Specialist Tasha Hadley provided a video presentation.
4.2 Vacancy Report Updates.
STRATEGIC PRIORITY:
1.1 Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance.
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
2.1Strengthen public-private initiatives that attract, develop, and retain diversified
business sectors.
Economic Development Coordinator Phil Kirkpatrick provided a provided
PowerPoint presentation.
In response to questions, the City Manager said staff still needs to flush
out when properties could be placed on the market. Staff wants to make
sure the Trustees are comfortable with the concept of placing priority on the
residential properties. She said the list of properties presented today
have been posted on Economic Development's webpage to market the
City/CRA-owned properties available for redevelopment. CRA
Executive Director Jesus Niño said 1105 Carlton Avenue, which is
CRA-owned, will soon be presented to the Trustees for disposition.
Support was expressed to begin with the identified residential properties
once a plan has been finalized.
4.3 Downtown Revitalization Updates.
This item is an open discussion for the CRA Trustees regarding efforts to
revitalize downtown. Draft
Community Redevelopment Agency Meeting Minutes February 3, 2025
Page 4 City of Clearwater
5. Director's Report
5.1 Director’s Report.
Mr. Niño provided a PowerPoint presentation. Staff continues to work
through the Cleveland Street Activation efforts and with SPC to finalize an
agreement under $50,000. 6. Adjourn
The meeting adjourned at 1:39 p.m.
Chair Community Redevelopment Agency
Attest
City Clerk Draft
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0241
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Present March Business Spotlight to Vital Life Fitness dba RIFT Fitness.
SUMMARY:
Vital Life Fitness as the third recipient of the Business Spotlight Program.
For the past 5 ½ years, RIFT (Re-Invented Fitness Training) has been a cornerstone of Clearwater’s fitness
scene. What started in a garage has expanded into two gym locations in downtown Clearwater, serving
over 600 residents.
RIFT combines high-end fitness training with luxury wellness amenities, including saunas, cold plunges,
and red-light therapy, creating a unique and holistic fitness experience. With a dedicated team of 15 local
employees, RIFT continues to grow and strives to be the fitness hub of Clearwater.
Beyond fitness, RIFT is deeply committed to the community, sponsoring local athletes and school teams,
speaking at schools, and hosting free community events like run clubs, plunge socials, and fitness
classes. Through these efforts, RIFT is proud to play a vital role in enhancing the health and well-being of
Clearwater’s residents while fostering a stronger, more connected community.
STRATEGIC PRIORITY:
2.1 Strengthen public-private initiatives that attract, develop, and retain diversified business sector.
3.1 Support neighborhood identity through services and programs that empower community pride and
belonging.
Page 1 City of Clearwater Printed on 3/25/2025
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0260
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve payment to Duke Energy of Florida to replace overhead power lines with new underground
distribution lines and facilities on Myrtle Avenue from Cleveland St. to Court St. in the amount of
$671,431.56 and authorize appropriate officials to execute same.
SUMMARY:
This undergrounding project is in alignment with the Downtown Community Redevelopment Area Plan,
reinforcing the CRA and City’s commitment to improving the public realm, enhancing street aesthetics,
and creating a more pedestrian-friendly urban environment. By removing the visual clutter of overhead
power lines and relocating them underground, this project will contribute to a cleaner, more attractive
streetscape, encourage private investment, and strengthen downtown as the urban core and economic hub
of Clearwater.
Supporting the City’s new City Hall (22-0019-EN), MSB Renovation (23-0035-EN), and PSTA’s Multimodal
Transit Center, this undergrounding effort along Myrtle Avenue from Cleveland Street to Court Street will
provide long-term benefits, including:
·Aesthetic enhancements that contribute to a more visually cohesive downtown.
·Improved pedestrian accessibility and safety by reducing obstructions along sidewalks.
·Increased property values and economic vitality by creating a more inviting and walkable environment.
·Greater resiliency and reliability of the electrical grid compared to overhead power lines.
The proposed undergrounding spans approximately four blocks, with a total cost of $671,431.56, based on
Duke Energy’s February 15, 2025, binding estimate. Public Works will present a companion item to City
Council, including the Duke Underground Conversion Agreement (UCA) and Utility Reimbursement
Agreement (URA), to facilitate the undergrounding process. The City and PSTA will oversee restoration of
the adjacent right-of-way (ROW) and coordinate with joint users to remove private telecom lines from
Duke’s power poles once the power lines are removed.
The CRA has allocated $1 million in funds to cover the undergrounding costs, including joint users and
restoration efforts. The City and PSTA will grant Duke easements for necessary switchgear and
transformers, with underground power lines directionally drilled in the ROW. Duke anticipates a
seven-month construction duration following permit approvals.
APPROPRIATION CODE AND AMOUNT:
Funds for this are in CRA capital project 3887552-R2005, Infrastructure-City.
STRATEGIC PRIORITY:
Investment in undergrounding of overhead power lines in the downtown core supports all five of the strategic
priorities below.
Page 1 City of Clearwater Printed on 3/25/2025
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 1 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
UNDERGROUND CONVERSION AGREEMENT BASED ON A BINDING COST ESTIMATE
THIS UNDERGROUND CONVERSION AGREEMENT (the “Agreement”) entered into this ______ day
of _____________, _____ (the “Effective Date”) by and between Duke Energy Florida, LLC, d/b/a Duke Energy
(“DE”) and City of Clearwater (the “Applicant”). DE and the Applicant shall be referred to individually as a
“Party” and collectively as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Applicant desires to have DE relocate and replace certain of its existing overhead distribution
lines and related facilities with new underground distribution lines and related facilities, all as noted in the Work
Request, which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, DE is willing to relocate and replace the aforesaid existing overhead facilities with the new
facilities set forth in the attached Work Request (“Facilities”) at the locations set forth more specifically in the
attached Work Request (“Cable Route”); and
WHEREAS, Applicant has paid a deposit in the amount of $ 1,756.00 (“Deposit”) and requested
a binding estimate (“Binding Cost Estimate”) of the total cost it will be responsible to pay DE for the Relocation
Work (as that term is defined below); and
WHEREAS, DE has provided Applicant with the Binding Cost Estimate (in the amount referenced in Article 7
below) and in consideration of DE’s performance of the Relocation Work, Applicant agrees to pay DE the Binding
Cost Estimate as it may be adjusted in accordance with the terms of this Agreement below;
NOW THEREFORE, in consideration of the foregoing and of the mutual promises contained herein, the
receipt and sufficiency of which are hereby acknowledged and intending to be legally bound, DE and the Applicant
hereby agree as follows:
ARTICLE 1. RECITALS
The foregoing recitals are true and correct and are a part of this Agreement.
ARTICLE 2. DEFINITIONS
“Additional Work”- Shall mean the additional work to be performed by DE with respect to this underground
conversion project beyond the Relocation Work, as said Additional Work may be authorized by the Parties in
accordance with the terms of this Agreement.
“Additional Binding Cost Estimate”- Shall have the meaning given to it in Article 9 of this Agreement.
“Additional Deposit”- Shall have the meaning given to it in Article 9 of this Agreement.
“Agreement”- Shall mean this Underground Conversion Agreement entered into between the Parties.
“Applicant”- Shall mean the counter party to DE under this Agreement as noted in the above first paragraph of this
Agreement.
“Applicant Delay”- Shall have the meaning given to it in Article 8 of this Agreement.
“Binding Cost Estimate”- Shall have the meaning given to it in the recitals above and in Article 7 of this Agreement.
“Cable Route”- Shall have the meaning given to it in the recitals above.
“CPR”- Shall have the meaning given to it in Article 17 of this Agreement.
“Deposit”- shall have the meaning given to it in the recitals above.
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 2 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
“Effective Date”- Shall be the date entered in the above first paragraph of this Agreement.
“Facilities”- Shall mean the facilities specifically described and detailed in the Work Request.
“Final Price”- Shall have the meaning given to it in Article 7 of this Agreement.
“Final Statement”- Shall have the meaning given to it in Article 7 of this Agreement.
“Force Majeure”- Shall have the meaning given to it in Article 14 of this Agreement.
“Notice to Proceed”- Shall mean duly authorized and executed written notice given by the Applicant to DE requesting
DE to proceed with the Relocation Work (or Additional Work, if any) under the terms and conditions of this
Agreement.
“Party”- Shall mean any single party to this Agreement.
“Parties”- Shall mean both parties to this Agreement.
“DE”- Shall mean Duke Energy Florida, LLC.
“Relocation Work”- Shall mean only that work which is specifically described and detailed in the Work Request and
Article 4 of this Agreement.
“Work”- Shall mean the Relocation Work and the Additional Work.
“Work Request”- Shall mean the documents attached to this Agreement as Exhibit A.
ARTICLE 3. CONDITIONS PRECEDENT
3.1 Notwithstanding any other provision hereof to the contrary, this Agreement and the rights and obligations
of the Parties set forth herein are expressly subject to and contingent upon:
A. Applicant securing all required easements and rights-of-way for the performance of the Relocation Work;
B. Applicant receiving funding adequate for the payment of all costs and expenses that will be due and owing
by Applicant to DE under this Agreement, and the Applicant providing reasonable evidence to DE that Applicant
has received or otherwise secured such funding;
C. The issuance by governmental agencies of all required permits and approvals necessary for the
performance by both Parties under this Agreement;
D. Applicant paying DE all funds that are required by this Agreement to be paid prior to DE beginning the
Relocation Work; and
E. Applicant obtaining written confirmation from all affected DE customers agreeing to accept underground
service upon customer’s property.
3.2 In the event the conditions in this Article have not been fulfilled or satisfied within 90 days of the Effective
Date of this Agreement, either Party may terminate this Agreement upon written notice to the other Party with no
obligation or liability under this Agreement to the other Party resulting from such termination (other than DE’s right
to retain the Deposit), or the Parties may mutually agree upon an extension of time within which such conditions
may be met. Notwithstanding anything herein to the contrary, DE shall not be required to proceed with the
Relocation Work unless and until the above noted conditions precedent have been satisfied or mutually waived in
writing by the Parties. Further, notwithstanding anything herein to the contrary, it is the intention of the Parties that
the provisions of this Article 3 also shall apply to any Additional Work, so that the Parties’ rights and obligations
with respect to any such Additional Work is expressly subject to and contingent upon the satisfaction of the
conditions set forth above within 90 days of the date of the amendment authorizing such Additional Work, and
failing which either Party may terminate the subject amendment upon written notice to the other Party with no
obligation or liability under this Agreement or that amendment to the other Party resulting from such termination
(other than DE’s right to retain the Additional Deposit, if any), or the Parties may mutually agree upon an extension
of the time within which such conditions may be met.
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 3 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
ARTICLE 4. DE’S SCOPE OF WORK
4.1 In consideration of the payments by Applicant of the amounts set forth in Article 7 below, DE shall provide
(except to the extent excluded in the Work Request) the following as part of the Relocation Work:
A. Dismantle and at DE’s discretion salvage or dispose of existing overhead distribution lines and facilities
which will be replaced by the Facilities;
B. Design, permit, install and test the Facilities within the designated locations in the Cable Route;
C. Install, by directional bore, open-trench or such other means or methods as DE may determine in its sole
discretion, all new primary and secondary cable, wire, conduit and appurtenances;
D. Perform all Relocation Work in accordance with applicable laws, including locating, positioning and
installing (at DE’s sole discretion) switchgear, pad-mounted transformers, service pedestals, pull boxes, and other
related distribution equipment in accordance with the National Electrical Safety Code and other applicable industry
standards, if any;
E. Modify existing DE distribution facilities located outside the Cable Route boundary as determined by DE
in its sole discretion for connection to the Facilities;
F. To the extent authorized in the Work Request and to the extent the Applicant has obtained the necessary
consents of the residential service users to the conversion, coordinate with such users and convert affected
residential service laterals from overhead to underground;
G. Procure and maintain such insurance as DE may determine in its sole discretion is appropriate to cover
property damage, personal injury and general liability of DE and its contractors, if any, arising out of or relating to
their performance of the Relocation Work;
H. Provide reasonable notice to DE’s customers regarding planned interruptions of electric service occasioned
by the Relocation Work; and,
I. Maintain a safe work site in compliance with applicable laws, rules and safety standards pertaining to
installation of the Facilities.
4.2 The above noted provisions also shall apply to and be deemed a part of any Additional Work hereafter
authorized by the Parties in accordance with the terms set forth herein, except to the extent otherwise expressly
noted in the applicable amendment.
ARTICLE 5. APPLICANT’S RESPONSIBILITIES
The following are Applicant’s responsibilities, to be provided or satisfied by Applicant at no cost to DE:
A. Within 30 days of the Effective Date, Applicant shall provide a Notice to Proceed for the Relocation Work
to DE, and shall convey to DE a non-exclusive and irrevocable license to use any easement, right-of-way or other
appropriate real property interest which Applicant has with respect to the performance of the Relocation Work and
the delivery of utility services thereafter by DE. Subject to the other terms of this Agreement, upon receipt of the
Notice to Proceed, DE shall commence with the performance of the Relocation Work. DE shall notify Applicant, in
writing, when DE believes it has received all necessary easements and rights-of-way for the Relocation Work to be
obtained and provided by Applicant;
B. With respect to any Additional Work authorized by the Parties in accordance with the terms set forth
herein, each amendment authorizing any such Additional Work shall address the date by when Applicant is to
provide a Notice to Proceed for the subject Additional Work, as well as the date by when Applicant shall convey to
DE a non-exclusive and irrevocable license to use any easement, right-of-way or other appropriate real property
interest which Applicant has with respect to the performance of the subject Additional Work and the delivery of
utility services thereafter by DE. DE shall notify Applicant in writing when DE believes it has received all
necessary easements and rights-of-way for the subject Additional Work to be obtained and provided by Applicant.
Subject to the other terms of this Agreement and the applicable amendment, DE shall not commence performance of
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 4 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
the subject Additional Work until all conditions to be fulfilled by Applicant as to that Additional Work have been
satisfied and DE has received Applicant’s Notice to Proceed for that subject Additional Work;
C. The Applicant shall cooperate and assist DE’s permitting efforts with respect to the Work and shall not take
any action (or fail to take any action required of it) that violates the conditions of any permits and approvals from
any applicable governmental entities so as to allow DE to: (a) relocate the Facilities within the Cable Route, (b)
cross any federal, state, or local highway or cross any rail lines or corridors along the Cable Route necessary to
relocate the Facilities, and (c) otherwise perform the Work as planned by DE;
D. With respect to all easements and rights-of-way to be provided by Applicant, it is Applicant’s responsibility
to clear, survey, stake, and grade to within six inches of final grade, at no cost to DE, all such easements and rights-
of-way. All such clearing, surveying, staking and grading must be accomplished by Applicant so as to cause no
delay to DE’s performance of the Work. Accordingly, as part of its clearing and grading obligation hereunder,
Applicant is responsible for all removal and restoration of buildings, roads, driveways, sidewalks, patios, fences,
ditches, landscaping, sprinkler systems, and all other improvements or utilities located within the easements and
rights-of-way to be provided by Applicant, at no cost to DE, all such removal and restoration work located within
the easements and rights-of-way to be performed so as to cause no delay to the performance of the Work by DE;
E. Applicant shall provide traffic management along affected roadways within the Cable Route;
F. Applicant is responsible for making all arrangements necessary with all other utilities or joint users of DE’s
above ground facilities (including telephone and cable) to remove their equipment and facilities at no cost to DE and
in a manner and schedule so as not to delay DE’s performance of the Work. Applicant shall acquire all contracts or
agreements required to provide for the timely removal of all such joint users’ equipment and facilities, and provide a
copy of all such contracts and agreements to DE upon request from DE;
G. Applicant is responsible for ensuring that DE’s distribution facilities are not damaged, destroyed or
otherwise disturbed during the performance of Applicant’s responsibilities hereunder. This obligation extends not
only to Applicant’s employees, but also to any contractors, subcontractors, consultants or agents of Applicant.
Applicant is responsible for the full cost of repairing any such damage, destruction or disturbance; and
H. Applicant is responsible for making all necessary arrangements with all affected DE customers to prepare
their premises and service entrance in a timely manner for underground service, so as not to delay DE’s performance
of the Work. All such consents, arrangements, and preparations shall be provided by Applicant at no cost to DE.
ARTICLE 6. TERM
The Term of this Agreement shall commence upon the Effective Date and shall continue until the end of the
period set forth in Article 8, unless terminated earlier by a Party in accordance with the terms set forth herein.
ARTICLE 7. PRICE AND PAYMENT TERMS
A. DE has provided Applicant, and Applicant has accepted, the Binding Cost Estimate of DE’s costs to
perform the Relocation Work in the amount of $ 671,431.56 , which is the price to be paid by Applicant for
the Relocation Work performed by DE under this Agreement, subject to adjustment for the Final Price in accordance
with the provision of this Article.
B. The Binding Cost Estimate shall be paid by Applicant in accordance with the Payment Schedule attached
hereto and incorporated herein as Exhibit B. With respect to any Additional Work authorized hereunder, the
compensation to be paid DE for such Additional Work, including the payment of any Additional Deposit and
Additional Binding Cost Estimate amount for such Additional Work, shall be made by Applicant in accordance with
the terms set forth in the subject amendment authorizing that Additional Work.
C. Because the Binding Cost Estimate is only for the Relocation Work to be performed by DE, it does not
cover the costs associated with Applicant’s performance of its responsibilities with respect to this Project, which
costs include the cost of: (a) conversion of customers’ meter bases to accommodate underground service, (b) an
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 5 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
underground street lighting system, (c) easement acquisition; (d) restoration of landscaping, sprinkler system
sidewalks, road pavement and other existing improvements within the required easements or rights-of-way, and (e)
underground conversion or relocation of other utilities’ facilities (telephone, cable, etc.).
D. The Parties acknowledge that the Binding Cost Estimate and any Additional Binding Cost Estimate(s) are
based on estimates of the various cost components that comprise the Relocation Work and Additional Work, and
that the actual cost of the Work subject to the Binding Cost Estimate and Additional Binding Cost Estimate(s) may
be more or less than the amounts reflected in the Binding Cost Estimate and applicable Additional Binding Cost
Estimates. Within approximately ninety (90) days following the completion of the Work, DE shall furnish to
Applicant an itemized statement signed by an authorized representative of DE setting forth the actual final costs of
the Work (“Final Statement”). The sums of the final actual costs of the Relocation Work plus the Additional Work
(if any) is the final price to be paid hereunder by Applicant to DE (“Final Price”); provided, however, in no event
may a sum of more than 10% above the Binding Cost Estimate for the Relocation Work or a sum of more than 10%
above the Additional Binding Cost Estimate for any particular Additional Work, be included in the Final Price
amount. If the sum of all payments theretofore made by Applicant for the Work (including the Deposit and any
Additional Deposits) is less than the Final Price, Applicant shall pay the remaining balance to DE within thirty (30)
days after presentment of the Final Statement by DE. If the sum of such payments made by Applicant for the Work
is greater than the Final Price, DE shall refund the difference to Applicant within thirty (30) days after the
presentment of the Final Statement. If Applicant objects to any of the amounts reflected in the Final Statement,
Applicant shall provide DE with written notice of same, stating in detail the objections Applicant has to the Final
Statement. Applicant shall provide that written notice within fourteen (14) calendar days of receiving the Final
Statement. All items in the Final Statement not expressly objected to by Applicant in writing within said fourteen
(14) day period shall be deemed accepted by Applicant as being final and binding, without any further right to
challenge or appeal such items.
E. If Applicant fails to pay any amount owed DE hereunder when due, such past due amounts shall accrue
interest at the rate of 18% per annum or the maximum legal rate, whichever is lower. Further, if Applicant fails to
make any undisputed payment owed DE hereunder within five (5) business days of receiving written notice from DE
that such payment is past due, DE may suspend performance of all or any portion of the Work until such past due
amounts have been paid in full. Any such suspension shall be deemed an Applicant Delay (as defined in Article 8
below) and Applicant shall be liable for all costs and damages incurred by DE as provided in Article 8.
ARTICLE 8. WORK SCHEDULING
A. Upon DE’s receipt of Applicant’s Notice to Proceed and the satisfaction or mutual waiver of the conditions
precedent set forth in Article 3 above, DE will commence performance of the Relocation Work.
B. DE shall endeavor to complete the Relocation Work in 6 months after all requirements have been satisfied, as
said date may be extended for reasons beyond the fault or control of DE.
C. DE may utilize contractors in the performance of the Work, but such use of contractors shall not relieve DE
of any of its obligations under this Agreement. Any such contractor shall not be considered a contractor to
Applicant and Applicant shall not enter into any contracts directly with any such contractors during the term of this
Agreement regarding any work associated with the conversion project anticipated under this Agreement.
D. If the Work falls behind schedule: (i) for reasons due to a Force Majeure event (as defined in Article 14) or
any other reason not due to the fault or beyond the control of DE, its contractors, agents or employees; (ii) as the
result of the actions or inactions of Applicant, its contractors, employees or agents (“Applicant Delay”), or (iii) as a
result of the actions or inactions of any third parties, the time period referenced in Section 8.B above shall be
extended for each such day of delay. Further, in the event of any such delay, DE, at its sole discretion, may accelerate
the performance of the Work to mitigate the impact of such delay on the schedule. To the extent the delay is
attributable to an Applicant Delay; Applicant shall be liable to DE for all increased costs and expenses incurred by
DE, including any acceleration or other schedule impact costs and delay damages incurred by DE or its contractors,
as a result of such delay. All such increased cost and expenses, damages, acceleration and other impacts associated
with any such delay shall be deemed Additional Work under this Agreement. If Applicant refuses to execute an
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 6 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
amendment to this Agreement reasonably acceptable to DE equitably adjusting DE’s time and compensation under
this Agreement for such Additional Work, among any other rights or remedies it may have hereunder, DE may
suspend all or any portion of the Work until such time as that amendment is executed by the Parties and delivered to
DE. If the delay is due to any reason other than an Applicant Delay or the fault or neglect of DE, Applicant shall
have the right to request DE to accelerate its performance of the Work, to the extent commercially reasonably
possible, in an attempt to mitigate the impact of the delay upon the schedule. Provided, however, DE shall perform
such requested acceleration work only if the Parties reach written agreement upon the scope and the time and
compensation adjustment for such acceleration work, which agreement shall be in the form of an amendment to this
Agreement, and the acceleration work shall be deemed Additional Work hereunder. Until such amendment is
executed by the Parties, DE shall have no obligation to accelerate its performance of the Work as a result of any
such delay. If the Work falls behind schedule for reasons attributable to the fault or neglect of DE, its contractors,
agents or employees, DE shall, to the extent commercially reasonably possible and as Applicant’s sole and exclusive
remedy for any such delay, accelerate its performance of the Work in an attempt to mitigate the impact of such delay
upon the schedule, at no increased cost to Applicant.
ARTICLE 9. ADDITIONAL WORK
Any Additional Work to be performed by DE beyond the Relocation Work with respect to this underground
conversion project must be authorized by a written amendment to this Agreement executed by both Parties. DE shall not
be required to perform any Additional Work except to the extent a mutually acceptable amendment is executed by the
Parties that sets forth the scope, compensation, schedule and other relevant terms concerning such Additional Work. To
the extent the Additional Work involves the underground conversion of overhead facilities owned by DE that are not
included within the scope of Relocation Work, Applicant may request DE to provide a binding estimate for the cost of
such Additional Work (“Additional Binding Cost Estimate”). In the event that Applicant makes such a request,
Applicant shall be required to pay an additional deposit (“Additional Deposit”) in an amount to be mutually agreed to by
the Parties. If the Parties fail to reach agreement on the Additional Deposit or Applicant otherwise fails to pay the
Additional Deposit, DE shall not be required to provide the Additional Binding Cost Estimate. In the event an
Additional Binding Cost Estimate is provided by DE for certain Additional Work, but the parties fail to reach
agreement on the amendment for such Additional Work within 180 days from the date the Additional Binding Cost
Estimate is provided to Applicant, besides not being required to perform such Additional Work, DE shall retain the
Additional Deposit as compensation for preparing and providing the Additional Binding Cost Estimate.
Notwithstanding anything herein to the contrary, in the event Applicant requests DE to perform additional
underground conversion work beyond the scope of the Work then authorized by this Agreement, DE shall have the right
to require any such work be performed pursuant to a new and separate agreement between the Parties.
ARTICLE 10. DIFFERING SITE CONDITIONS; INSPECTIONS BY THE APPLICANT
A. DE shall stop the performance of the Work and immediately notify Applicant, if any of following differing or
changed site conditions is discovered:
1. Subsurface or latent physical conditions in the Cable Route differing materially from those anticipated
by DE in preparing its Binding Cost Estimate or Additional Binding Cost Estimate, as applicable; or
2. Other conditions, differing materially from those reflected in any information or documents concerning
site conditions provided to or obtained by DE or of a nature not ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Agreement.
B. As soon as practical after such notice, DE shall provide Applicant a written notice including a general
description of any such differing or changed site conditions, a determination of whether DE can proceed with the Work
despite such conditions and, if so, whether such conditions will cause an increase or decrease in the cost of, or the time
required for, performance of the Work. Upon receipt of any such notice, and if DE has determined it can proceed
with the Work, Applicant may either (i) request the Work to proceed, in which event, all increased and additional
work incurred by DE in response to the differing or changed conditions shall be deemed Additional Work subject to
the terms of Article 9 above, (ii) request DE to otherwise modify the scope of the Work to avoid the cost of the
differing or changed conditions on terms mutually acceptable to both Parties, or (iii) request DE to discontinue the
Work and demobilize its work force. Applicant shall issue its request in writing to DE as soon as possible, but in
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 7 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
any event, within five (5) business days from its receipt of the notice. In the event Applicant exercises its right
under (iii) above, it shall be considered a termination for convenience by Applicant and DE shall determine the Final
Price based on the Work performed, including DE’s reasonable demobilization costs. The Parties acknowledge that
any costs associated with differing or changed site conditions are separate and not included in the Binding Cost
Estimate or any Additional Binding Cost Estimate.
C. The discovery of hazardous material within the Cable Route, not specifically identified in either the Work
Request or applicable amendment with respect to its location and quantity, shall be deemed to be a differing site
condition pursuant to this Article. If hazardous materials are discovered, DE shall give prompt notice to Applicant of
such discovery and stop that portion of the Work affected by such materials, and DE shall not recommence such portion
of the Work until Applicant, at no cost to DE, has removed or otherwise neutralized such hazardous materials to DE’s
satisfaction. Any such suspension of the Work being deemed an Applicant Delay, with Applicant being responsible for
all costs and damages as provided in Article 8 above. To the maximum extent permitted by law, Applicant agrees to
indemnify, defend and hold DE and its contractors, employees and agents harmless from any cost, expense, damage,
claim, liability, obligation, demand, loss, cause of action, or suit arising out of or relating to any such hazardous
materials encountered during the performance of the Work, except to the extent such hazardous materials were brought
onto the Cable Route by DE or its contractors, employees or agents. This indemnification, defense and hold harmless
obligation shall survive the termination or expiration of this Agreement.
D. Applicant reserves the right during the performance of the Work to conduct, at its own expense, reasonable
field inspections to verify compliance of the Work with the requirements of this Agreement, provided, however, that
any such inspections by Applicant shall be conducted in a manner so that they do not unreasonably interfere with or
delay the performance of the Work. Applicant shall promptly notify DE in writing of any Work that is incomplete
or otherwise fails to comply with this Agreement. Any such Work that the Parties mutually agree to be non-
compliant or incomplete shall be corrected by DE.
ARTICLE 11. WARRANTY
A. In the event that DE uses its own employees to perform such portions of the Work performed under this
Agreement, DE warrants only that such Work hereunder shall be performed with that degree of skill and care which is
customarily exercised in the industry by experienced firms with respect to work of a similar or like nature. In the event
that DE hires a contractor to perform a portion of the Work required hereunder, DE makes no warranties or
representations concerning that Work, except DE agrees to assign the contractor’s warranties, if any, to Applicant for
such Work.
B. EXCEPT AS EXPRESSLY STATED HEREIN, DE MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WHETHER STATUTORY, BY OPERATION OF LAW OR OTHERWISE, AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL
WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE,
OR ANY OTHER MATTER WITH RESPECT TO THE WORK PERFORMED
HEREUNDER. ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES
ARE EXPRESSLY WAIVED.
ARTICLE 12. INDEMNIFICATION
Subject to the other terms of this Agreement, including the terms of Article 13 below, the Parties shall
indemnify, defend and hold each other harmless from any and all claims, liabilities, obligations, damages, costs and
expenses (including, but not limited to, reasonable attorney’s fees) or causes of action of whatsoever kind or nature
for injury to or death of any person (including indemnitee’s employees), and for damage to or destruction of
property (including indemnitee’s property), to the extent resulting from any or all negligent acts or omissions or
willful misconduct of the indemnifying Party or anyone for whose acts that the indemnifying Party may be liable in
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 8 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
connection with this Agreement. The indemnification, defend and hold harmless obligation shall survive the
termination or expiration of this Agreement.
ARTICLE 13. LIMITATION OF LIABILITY
A. Notwithstanding anything in this Agreement to the contrary, in no event shall DE be liable for demands by
Applicant for any incidental, indirect, special, consequential, exemplary, punitive, or multiple damages resulting
from any claim or cause of action, whether brought in contract, tort, or under any other legal theory.
B. Notwithstanding anything in this Agreement to the contrary, DE’s sole liability to Applicant for any non-
conforming Work shall be to correct the defective Work, of which written notice must be given by Applicant to DE
no later than seven (7) business days after such non-conforming Work is discovered or should have reasonably been
discovered by Applicant. In any event, the aggregate liability of DE to Applicant arising out of or in connection with
this Agreement shall not exceed the Final Price payable to DE for the Work performed hereunder.
ARTICLE 14. FORCE MAJEURE
A. Except for a Party’s obligation to pay the other Party any sum of money owed it hereunder,
neither Party shall be liable for its failure to perform hereunder if such failure is due to any act or
circumstance beyond the reasonable control, and not due to the fault or neglect of, of the Party claiming the
event of Force Majeure event including, but not limited to the following acts or circumstances: (i) act(s) of
God, (ii) war or wars, (iii) government regulation by a governmental authority having jurisdiction
(including, but not limited to, any law, rule, order, proclamation, regulation, ordinance, demand, or
requirement of any governmental agency), (iv) act(s) or threatened act(s) of terror, including, but not limited
to any acts by organized groups of terrorists or any acts of a public enemy (v) disaster(s) (including, but not
limited to, hurricane, tornado, tropical storm, earthquake, or major storm), (vi) any pandemic, epidemic,
pestilence, plague, or outbreak, (vii) strike, lockout, or industrial disputes, (viii) civil disorder, riot, or
disturbance of the peace, (ix) any third party act for which the Party who fails to perform is not responsible,
or (x) any other condition or circumstance, whether similar to or different from the foregoing (it being
agreed that the foregoing enumeration shall not limit or be characteristic of such conditions or
circumstances) beyond the reasonable control and fault of the Party claiming the Force Majeure event.
B. In the event that either Party is rendered unable, wholly or in part, by reason of an event of Force Majeure
to perform any obligations set forth in the Agreement, other than an obligation to pay a sum of money owed
hereunder by one Party to the other, then such Party shall give the other Party written notice and reasonably full
particulars of such event as soon as practicable after the occurrence thereof, and thereafter, the obligations of both
Parties shall be suspended to the extent and for the period of such Force Majeure condition and such cause shall be
remedied with all reasonable dispatch. Settlement of strikes and lockouts shall be entirely within the discretion of
the Party affected and the requirement that any event of Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the parties directly or
indirectly involved in such strikes or lockouts when such course is inadvisable in the discretion of the Party having
such difficulty.
C. To the extent the Force Majeure event causes a delay or an increase in costs or expenses to DE, Applicant
shall be liable to DE for all increased costs and expenses incurred by DE, including any acceleration or other
schedule impact costs and delay damages incurred by DE or its contractors, as a result of such Force Majeure event.
All such increased cost and expenses, damages, acceleration and other impacts associated with any such delay shall
be deemed Additional Work under this Agreement. If Applicant refuses to execute an amendment to this Agreement
reasonably acceptable to DE equitably adjusting DE’s time and compensation under this Agreement for such
Additional Work, among any other rights or remedies it may have hereunder, DE may suspend all or any portion of
the Work until such time as that amendment is executed by the Parties and delivered to DE.
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 9 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
ARTICLE 15. NOTICE
A. Unless otherwise stated herein, any notice required hereunder must be given in writing to the below-
designated representative of each Party within the required specified period of time. Notice is deemed to be
delivered by the Party providing such notice to the receiving Party at the address provided in Paragraph B below in
the following manner: (1) upon hand-delivery; (2) upon confirmation of transmittal by facsimile or telex; (3) within
five (5) business days after depositing such notice with the United States Postal Service first-class, registered or
certified mail; or (4) within two (2) business days after depositing such notice with a nationally-recognized
overnight courier service.
B. The Parties’ respective authorized representatives and mailing addresses are as follows:
DE: Applicant:
Duke Energy Florida, LLC City of Clearwater
299 1st Avenue North 100 S Myrtle Avenue
St Petersburg, FL 33701 Clearwater, FL 33756
Attn: Jason Williams, Regional SVP Attn: _______________________
C. Either Party may change its address or designated representatives for the receipt of notice, requests or other
communications hereunder by providing the other Party with notice within ten (10) business days and in
accordance with Paragraph A of this Article.
ARTICLE 16. TERMINATION
In the event either Party is unable to perform its obligations because of any Force Majeure as defined in Article
14 herein, the Party awaiting performance by the other Party may elect to terminate this Agreement by giving
written notice to the non-performing Party if the Force Majeure exceeds one hundred twenty (120) days. In the
event either Party is in default of any of its material obligations under this Agreement, the non-defaulting Party shall
notify the defaulting Party in writing, setting forth in detail the default. If the defaulting Party fails to commence to
diligently and continuously cure such default within fourteen (14) days of receipt of the written notice from the non-
defaulting Party, the non-defaulting Party may terminate this Agreement upon giving the defaulting Party written
notice of such termination. Within approximately ninety (90) days following any termination of this Agreement, DE
shall furnish to Applicant the Final Statement referenced in Article 7 above setting forth the Final Price for the Work
to be paid by Applicant, including DE’s reasonable demobilization costs.
ARTICLE 17. DISPUTE RESOLUTION
Either Party may give the other Party written notice of any dispute not resolved in the normal course of
business. Executives of both Parties shall meet at a mutually acceptable time and place within ten (10) business
days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant
information and to attempt to resolve the dispute. In such meetings and exchanges, a Party shall have the right to
designate any information that a Party offers as confidential, and no designated confidential information exchanged
in such meetings for the purpose of resolving a dispute will be used by a Party in litigation against another Party. If
the matter has not been resolved by these individuals within thirty (30) calendar days of the disputing Party’s notice,
or if the Parties fail to meet within ten (10) business days as required above, either Party may initiate mediation as
provided hereinafter. The mediation proceeding shall be conducted in accordance with the then current Center for
Public Resources (“CPR”) Model Procedure for Mediation of Business Dispute or other mutually agreed upon
procedures, with the following exceptions:
(1) if the Parties have agreed to pursue mediation but have not agreed within thirty (30)
calendar days of the request for mediation on the selection of a mediator willing to serve, the CPR, upon the request
of either Party, shall appoint a member of the CPR Panel of Neutrals as the mediator; and
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 10 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
(2) efforts to reach a settlement shall continue until the conclusion of the proceeding, which
is deemed to occur when: a) a written settlement is reached, or b) the mediator concludes and informs the Parties in
writing that further efforts would not be useful, or c) the Parties agree in writing that an impasse has been reached.
Neither Party may withdraw before the conclusion of the proceeding; provided, however, notwithstanding the
foregoing, an impasse shall be deemed to have occurred if the Parties have failed to execute a written settlement
within ninety (90) calendar days after the date the mediation proceeding was initiated by either Party.
If the Parties are unable to resolve the dispute and litigation proves necessary, either Party may initiate such
litigation.
ARTICLE 18. GOVERNING LAW AND VENUE
This Agreement and the rights and obligations of the Parties to this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of
laws where the giving of effect to any such principles would result in the laws of any other state or jurisdiction being
applied to this Agreement.
ARTICLE 19. ENTIRE AGREEMENT
The Agreement constitutes the entire understanding between DE and Applicant relating to the subject matter
hereof, superseding any prior or contemporaneous agreements or understanding between the Parties. The Parties
shall not be bound by or be liable for any statement, prior negotiation, correspondence, representation, promise, draft
agreements, inducement or understanding of any kind or nature not set forth or provided for herein. No prior course
of dealing, usage of trade or course of performance shall be used to supplement or explain any term, condition, or
instruction used in this Agreement.
ARTICLE 20. MODIFICATION
No statements or agreements, oral or written, made prior to the date hereof, shall vary or modify the written
terms set forth herein and neither Party shall claim any amendment, modification or release from any provision
hereof by reason of a course of action or mutual agreement unless such agreement is in writing, signed by both
Parties and specifically states it is an amendment to this Agreement.
ARTICLE 21. WAIVER
There shall be no waiver by either Party of any right, remedy, term, condition, or provision of this Agreement
unless such waiver is expressed in writing and signed by the Party against which such waiver is sought to be
enforced. Nor shall any usage of trade, course of dealing, practice of performance, or failure to strictly enforce any
term, right, obligation or provision of this Agreement by either Party be construed as a waiver of any provision
herein unless such waiver is expressed in writing and signed by the Party against which such waiver is sought to be
enforced.
ARTICLE 22. SEVERABILITY
In the event any provision, or any part or portion of any provision of this Agreement shall be deemed or
defined by any law or order any court or any governmental agency, or regulatory body having jurisdiction over
either Party, or held or declared by a court of competent jurisdiction to be unlawful, invalid, void or otherwise
unenforceable, the rights and obligations of the Parties shall be reduced or abated only to the extent required to
remove or cure such illegal or unenforceable portion, so long as the Agreement is not affected in a manner or to the
extent which would render it economically, technically, materially, or commercially infeasible to either Party.
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 11 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
ARTICLE 23. SURVIVAL OF PROVISIONS
Neither termination nor cancellation of this Agreement shall be deemed to relieve the Parties of any obligations
hereunder that by their nature survive termination or cancellation including, but not limited to, all warranty,
indemnification, and limitation of liability obligations.
ARTICLE 24. CAPTIONS
The headings used throughout this Agreement are inserted for reference purposes only and are in no way to be
construed as a limitation of the scope of the particular sections to which they refer.
ARTICLE 25. REPRESENTATIONS AND WARRANTIES FROM APPLICANT
25.1 Applicant represents and warrants as follows:
A. Applicant is a [public body/association/company] duly formed, validly existing, and in good standing
under the laws of the State of Florida with its principle place of business and chief executive offices at its address set
forth herein.
B. This Agreement, including all Exhibits referenced herein, on execution, will constitute valid obligations
of Applicant, enforceable in accordance with their terms. The consummation of the transactions or actions
contemplated by this Agreement, and the performance of any of the terms and conditions of this Agreement, will not
result in a breach of, or constitute a default in, Applicant's organizational documents or in any deed, deed of trust,
covenant, restriction of record, note, loan agreement, credit agreement, bond or trust indenture, or any other
agreement to which Applicant is a party or by which Applicant may be bound or affected. Applicant is not in
default of any order of any court or any requirement of any governmental authority that could materially adversely
affect this Agreement or the easements or rights-of-way for and property along the Cable Route.
C. This Agreement is not misleading, and fully and fairly states all material facts relevant to the matters
with which it purports to deal. There is no fact of which Applicant is aware that Applicant has not disclosed to DE
in writing that could materially adversely affect this Agreement or the easements or rights-of-way for and property
along the Cable Route. Applicant has furnished DE with a true and complete copy of all documents relating to this
Agreement.
D. Applicant holds or will hold within the time periods set forth in this Agreement for obtaining easements
and rights-of-way necessary for the Work, full legal and equitable title to the easements and rights-of-way obtained
and provided to DE for the Work. The terms and conditions of all new easements and rights-of-way to be provided
by Applicant hereunder, shall be substantially similar to the terms and conditions of the original easements or rights-
of-way for the existing overhead facilities being relocated hereunder, unless otherwise agreed to in writing by DE, in
its sole discretion.
E. There are no actions, suits, or proceedings pending or, to the knowledge of Applicant, threatened, in any
court or before or by any governmental authority against or affecting Applicant or any of the property along the
Cable Route, which, if adversely determined, would have a material adverse effect on the property along the Cable
Route or impair the ability of Applicant to complete its obligations under this Agreement, or which involve the
validity, enforceability, or priority of this Agreement and any easements or rights-of-way for the Work, at law or in
equity.
F. There are no governmental requirements prohibiting the use and operation of the property along the
Cable Route for the Relocation Work. There are no, nor are there any alleged or asserted, violations of
governmental requirements, law, regulations, ordinances, codes, permits, licenses, declarations, covenants,
conditions, or restrictions of record, or other agreements relating to the easements and rights-of-way for or property
SECTION NO. VII
ORIGINAL SHEET NO. ___________
Page 12 of 12
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE:
along the Cable Route. Applicant has obtained or is not aware of any reason why it cannot obtain all necessary
easements, rights-of-way, permits, licenses, consents, or approvals for performance of the Relocation Work.
G. DE will have adequate access to perform the Relocation Work. Further, the property along the Cable
Route is not located in a flood zone as defined in the Flood Disaster Protection Act of 1973, as amended, and the
property along the Cable Route is not located within wetlands as defined by any governmental authority, or where
wetlands are located on the property along the Cable Route, they have been delineated and all required
governmental approvals for the Relocation Work have been obtained by Applicant.
H. The Applicant warrants and represents that it has the legal authority and is duly authorized to enter into
each and every provision within this Agreement and to abide by and comply with each and every provision in this
Agreement.
25.2 The representations and warranties in this Agreement are made by Applicant as an inducement to DE to
enter into this Agreement and Applicant understands that DE is relying on these representations and warranties.
These representations and warranties shall survive any breach or default of this Agreement, any bankruptcy
proceedings involving Applicant, any termination of this Agreement, and any assignment or conveyance of this
Agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date and year first above
written.
DUKE ENERGY FLORIDA, LLC D/B/A
DUKE ENERGY CITY OF CLEARWATER
By: By:
Printed Name Printed Name
Title Title
Exhibit A – Work Order Summary
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 1 of 2
SUMMARY
All terms used herein shall have the same meaning as those used in the Agreement to which
this Exhibit is attached, except as otherwise expressly noted herein. The Relocation Work
consists of converting Duke Energy Florida’s (“DE”) power line Facilities identified herein from
overhead (“OH”) to underground (“UG”). Applicant is working independently with all other
utilities that may be impacted by this work order. Where reasonably possible, DE will endeavor
to enter into joint trench agreements with such other utilities. The UG Facilities are to be
installed in the easements and rights-of-way provided by Applicant.
SCOPE OF WORK
• DE will convert the Facilities from OH to UG. The specific Facilities to be converted from
OH to UG as part of the Relocation Work are set forth in more detail in attached Schedule 1.
Schedule 1 drawings to be provided to applicant prior to construction start.
• The plans and specifications for the Relocation Work, if any, are identified in attached
Schedule 2.
LOCATES
• Prior to the start of Work in any particular area, DE shall seek to locate all pre-existing UG
utilities that might lie within the anticipated Cable Route in accordance with the guidelines
established within the “Call Sunshine” program.
• DE and its contractors and consultants shall not be responsible for any damage to any pre-
existing UG utilities or improvements not identified under the Call Sunshine program. Such
facilities not identified under the guidelines of Call Sunshine program are to be located by
and are the responsibility of Applicant.
CONSTRUCTION
• The method of excavation for the Relocation Work primarily be done by bore.
RESTORATION
• Restoration of the Cable Route, including all improvements located within it except for those
pre-existing UG utilities and improvements identified pursuant to the Call Sunshine program,
is not included in the Binding Cost Estimate. DE’s crews and/or contractors only will be
required to backfill and level the easements and rights-of-way within the Cable Route
disturbed by the Work. Applicant is responsible for all other restoration work.
SERVICES
• DE will provide a point of service for all non-residential services. These services will be
owned and maintained by their respective customers.
• Meter-can conversions will be coordinated by DE under a separate contract with N/A .
Exhibit A – Work Order Summary
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 2 of 2
STAKING
• DE shall be responsible for staking all of its Pedestal, Transformer, and Pull-Box locations.
Subject to the terms of the Agreement, DE shall be entitled to reimbursement from Applicant
as a cost of the Work all costs associated with installation and/or relocation of any such
Pedestal, Transformer, and Pull-Boxes resulting from the Relocation Work.
• Applicant is responsible for clearly staking and clearing the easements and rights-of-way
along the Cable Route in a timely manner so as to cause no delay to DE’s performance of
the Work.
STREETLIGHTING
• Any streetlights to be installed shall be based on designs provided by DE. Any such
streetlights will be metered by DE and DE shall obtain the billing information from relevant
customers seeking such lighting.
CUSTOMER COMMUNICATION
• Applicant is required to obtain all necessary letters of consent from all customers affected by
the Work.
EASEMENTS
• Applicant shall provide the necessary easement(s) to allow access and installation of Duke
Energy underground cables and equipment in easements as designated by DE.
Exhibit B – Payment Schedule
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 1 of 1
PAYMENT SCHEDULE
• In accordance to Article 7, the Binding Cost estimate shall be paid by the Applicant in
conjunction with providing the Notice to Proceed.
Schedule 1 – Work Order Drawings
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 1 of 1
WORK ORDER DRAWINGS
• Duke Energy Florida (“DE”) shall provide a copy of the preliminary work order drawing(s)
of the design to Applicant, if requested. Work order drawings are construction prints for
DE crews and are subject to change based on field conditions.
Schedule 2 – Plans and Specifications
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 1 of 1
PLANS AND SPECIFICATIONS
• Duke Energy Florida (“DE”) shall provide a copy of the preliminary work order drawing(s)
of the design to Applicant, if requested. Work order drawings are construction prints for
DE crews and are subject to change based on field conditions.
Schedule 3 – Planned Sequencing and Schedule
City of Clearwater
City Hall – S Myrtle Avenue
Undergrounding Project
Page 1 of 1
PLANNED SEQUENCING
• Applicant has asked Duke Energy Florida (“DE”) to start the Relocation Work at the
following location: N/A .
SCHEDULE
• DE shall not be required to perform any work on weekends or holidays.
• DE shall notify Applicant when work is scheduled to begin.
4121 St Lawrence Dr
New Port Richey, FL 34653
o: 727.372.5164
miriam.tucker@duke-energy.com
February 15, 2025
Tara Kivett
City of Clearwater
100 S Myrtle Ave
Clearwater, FL 33756
RE: Binding cost estimate to underground S Myrtle Ave – New City Hall location
Dear Ms. Kivett:
Thank you for submitting your request to Duke Energy. The purpose of this proposal is to provide a binding
cost estimate for the area you have identified. The effective date of this proposal is February 15, 2025. This
cost estimate is based on current labor and material rates and is valid for 180 days (August 14, 2025).
Requests beyond that period will require review and adjustments as needed.
Project Scope
Underground the existing Duke Energy electrical distribution facilities along S Myrtle Ave. Duke Energy to
perform the work associated with this undergrounding as outlined in the forthcoming agreement.
Binding Cost Estimate
The binding cost estimates is:
• S Myrtle Ave – Between Cleveland Ave and Court St: $ 671,431.56
Proposal Assumptions
Below is a non-inclusive list of assumptions used in calculating this estimate:
• All underground facilities to be located in private property easements, not in the right of way. Easements
to be obtained by customer at no cost to Duke Energy.
• Does not include cost to underground joint users, such as telephone and cable television.
• Does not include cost for restoration of any street, right of way, easement, private property or pavement
reconstruction that may be necessary as a result of the construction. This cost only includes backfilling
the affected area to safe condition.
• Does not include costs associated with new streetlights.
• Does not include cost to replace existing meter can to accept new underground service.
• Does not include any survey work that may be required to identify right of way and easements.
• Duke Energy’s design does not guarantee construction feasibility in the field until a constructability
review is completed.
4121 St Lawrence Dr
New Port Richey, FL 34653
o: 727.372.5164
miriam.tucker@duke-energy.com
Next Steps
Below is a high-level list of next steps if you wish to proceed with this project.
Task Responsible Party
1 Gather cost estimates from all other joint
utilities (Telephone, cable television, etc.)
Applicant
2 Obtain easements to install facilities and
locate equipment
Applicant with support from Duke Energy
3 Coordinate customer obligations and
possible outages
Applicant with support from Duke Energy
4 Sign and approve agreements required by
Duke Energy. Provide payment to Duke
Energy prior to construction start.
Applicant
5 Schedule and complete conversion Duke Energy / Other utilities
Enclosed is a breakdown of the facility charges per the Duke Energy Tariff for your reference.
If you would like to proceed with this project, please contact me at the email address above. We appreciate
your business and look forward to providing you with excellent customer service.
Sincerely,
Miriam Tucker
Miriam Tucker
Project Manager
Power Grid Operations
Enclosure
Facility Charges per Tariff Section 12.05(2)
Project Name
Location
Substation
Date
Tariff Charges
a) Remaining Net Book Value -$
b) Removal Cost -$
c) Salvage Value -$
1,110,915.57$
e) Construction Cost of Overhead (405,732.11)$
f) Cost Estimate Fee (1,756.00)$
g) Lifecycle Operations Costs (31,995.90)$
Total Charges 671,431.56$
(439,484.01)$ Total credits applied to project:
* In calculating the Applicant’s Facility Charge, elements a, b, and c of the Facility Charge formula above are to
be excluded from Facility Charge due from an Applicant who submits an application providing a binding
notification that the Applicant intends to convert existing non-hardened overhead facilities to underground
facilities.
Of existing overhead facilities*
d) Construction Cost of Underground
Estimated construction cost of underground facilities including underground service laterals to residential
customers meters or point of delivery for general service customers
Estimated construction cost of overhead facilities Including overhead service drops to customers' meters
Qualifying binding cost estimate fee
The net present value of the lifecycle operational costs differential including storm restoration
Of existing overhead facilities*
City of Clearwater - City Hall
Myrtle Ave - Extended scope - Cleveland to Court
Clearwater
2/15/2025
Of existing overhead facilities to be removed*
CLEVELAND ST.CLEVELAND ST.
PARK ST.PARK ST.
FRANKLIN ST.
PIERCE ST.PIERCE ST.
COURT ST.COURT ST.
FRANKLIN ST.
CHESTNUT ST.CHESTNUT ST.S MYRTLE AVES MYRTLE AVES MYRTLE AVES MYRTLE AVES MYRTLE AVE725701707
708
801
800
805 811
802
820 822 824 826 828 830 832 834 836
821 823 825 827 829 831
812 812
703
105
801
806
805 807 809
818
805203
205
209
211
213
215
806
812
814
816
701 703 710
815811
700
806 304
300
802 804 810800
307
705
700 708
411
423
805 807 811 815
406
818
814812800 S PROSPECT AVES PROSPECT AVES PROSPECT AVES PROSPECT AVES PROSPECT AVES EAST AVES EAST AVES EAST AVES EAST AVES EAST AVE647639635631615619
644640634626
644613
614
645
650
COURT ST.
CHESTNUT ST.
FRANKLIN ST.
PIERCE ST.
PARK ST.
CLEVELAND ST.
651635
624 630620 642
612 645
LAURA ST.LAURA ST.N MYRTLE AVEN PROSPECT AVEN EAST AVE814 908
840
714
717
700
715
620
626
801 815805
504
701
700
708
520633
650
609 617 619
703
Make this CTE pole our feeder
term pole. Keep anchor atleast
3' away from the watermain.
FIRE
It's better if we can include this
part in our scope. It's main street
and also, wires are too close to
existing mast arm.
Use PME-9s in the area. Empty
bays on each to be used for
PMTX for city hall.
Replace lift pole with three
phase primary pole. Slack OH
span crossing 'Franklin St'.
This SG could also be moved on
south side, next to the other one.
Install TX sitting on top of PB to
feed property 800.
Either of these S.B.Ds could become N.O
Existing Cap-Bank could be transferred
to any of the OH poles north.
Viper recloser being installed on
pole 8935310 on SOG WO can
be transferred to any OH pole
to the south of Feeder term.
Open-delta could be installed in the back
and run UG secondary to new PED, and
intercept service to 725.
This property seems abandoned.
No info in Myworld.
Existing N.O to remain.
N.O
New UG cable/conduit to
be installed. Existing cable
is 2AL as per MYWORLD.
SGs moved to this spot due to water
main on the previously proposed area.
We could also install UG Cap bank in
this area if needed to convert UG. Also,
SG to the West can be installed here to
reduce feeder run,
enough space for all 3 equipment.
Large PB location changed, to
be installed in the grass area
between sidewalk and curb.
Install Pedestal at the base of
existing pole to intercept
existing UG feeding meter.
Existing Cap-Bank from
pole 6692675 to be
transferred here
Newly installed 1PH TX to
feed existing telecom
meters across the street.
Replace N with SN
crossing 'Pierce St'
-Transfer (1) 1200 KVAR Cap Bank
-Transfer (1) 800 AMP Viper Recloser
-Install (12) 600AMP SBD Switches
-Install (12) 300AMP SBD Cutouts
-Install (3) 50KVA OH TX
-Install (3) CTE poles
-Install (6) Anchors (probably 2 Helix)
-Install (2) Large PBs (48''X78''X60'')
-Install (5) Small PBs (32''X48''X24'')
-Install (3) 1PH UG TX (25 KVA)
-Install (4) PME-9 SGs
-Install (1) Large PED (12''x20'')
-Install 160' of 1/0 AL OH wire
-Install 50' of 4/0 AL TPX OH Cable
-Install 2300' of 1000AL UG Cable
-Install 2300' of 6" Conduit
-Install 2555' of 1/0AL UG Cable
-Install 2555' of 4" Conduit
-Install 385' of 4/0 AL UG Cable
-Install 385' of 3'' Conduit
Overall, This design has extra
- (1) Large PB
- (4) Small PBs
- (2) 1PH UG TXs
- (1) Large PED (12''x20'')
- 545' of 1000AL UG cable
- 545' of 6'' Conduit
- 760' of 1/0AL UG Cable
- 760' of 4'' Conduit
- 90' of 4/0 AL UG Cable
- 90' of 3'' Conduit
UTILITY REIMBURSEMENT AGREEMENT
(City of Clearwater – City Hall – Myrtle Ave)
THIS AGREEMENT, made and effective this _______ day of ____________, 20__, is by
and between Duke Energy Florida, LLC., a Florida corporation (hereinafter referred to as
“DEF"), and City of Clearwater, in Florida (hereinafter referred to as “the Local Government”).
WITNESSETH:
WHEREAS, as a Florida public utility, DEF has the right under Florida law to construct,
operate and maintain its utility facilities upon Florida public road right of way including but not
limited to, Myrtle Ave in Clearwater, Florida; and
WHEREAS, DEF has constructed and now operates and maintains certain electric line
facilities near, upon, along, within and/or adjoining Myrtle Ave, all of which are more
particularly depicted or described on the attached Exhibit “A” (hereinafter referred to as “the
Utility Facilities”); and
WHEREAS, the Local Government is requesting DEF to convert the overhead Utility
Facilities to underground (“UGC Work”); and
WHEREAS, simultaneous with execution of this Reimbursement Agreement, DEF and
Local Government have entered into that certain Underground Conversion Agreement (“UGC
Agreement”) to perform such underground UGC Work.
WHEREAS, the UGC Agreement requires, among other things, that Local Government
secure certain property rights for the UGC Work as further described therein.
WHEREAS, as consideration for DEF relocating the Utility Facilities in accordance with
the UGC Agreement, Local Government hereby agrees to pay the costs in accordance with the
UCG Agreement as well as this Reimbursement Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises from, to and
between DEF and the Local Government, hereinafter contained, DEF and the Local Government
do hereby agree to and with each other, as follows:
Recitals. The Parties agree that the above recitals are true and correct and are
incorporated into this Agreement.
2
UGC Work. DEF will relocate the Utility Facilities as depicted in the UGA. The
preliminary estimated cost thereof is set forth in the UGA.
Future Relocation Work.
A. As consideration for DEF relocating the Utility Facilities in accordance
with the UGC Agreement, Local Government hereby agrees to pay (1) all costs incurred by DEF
in accordance with the terms of the UGC Agreement and (2) for any and all future relocation
costs and expenses incurred by DEF to the extent such Utility Facilities need to be relocated due
to any local, state, or federal road or highway improvement project or for any other work or
project of the Local Government or other governmental agency or third party entity which
interferes with the Utility Facilities (“Future Relocation Work”). The Local Government shall
reimburse DEF for the costs incurred by DEF to perform any Future Relocation Work within
thirty (30) days of receipt of an invoice from DEF for such Future Relocation Work. Said
statement shall include supporting documentation to substantiate the invoice. DEF shall have the
right to submit such statements for progress payments as the Work proceeds and such statements
shall be paid within thirty (30) days of receipt.
B. DEF shall not start the Work or any Future Relocation Work until all
conditions precedent set forth in the UGA and below have been satisfied by Local Government,
including but not limited to the following: (a) written notice has been given to DEF by the Local
Government that (i) the Work has been authorized and funds are available to reimburse DEF, and
(ii) all necessary public road right of way and easement areas have been acquired for the Work
and all obstructions or obstacles have been removed (clean, cleared and ready to go) and all
utility locates have been performed, (b) the Local Government has denoted the public road right
of way line in the area of the Work, by staked survey at not more than 100 foot intervals with
station markings, (c) the Local Government has trimmed/removed all vegetation away from the
public road right of way in the area of the Work, as reasonably determined by DEF, and (d) the
Local Government and DEF have executed the Underground Conversion Agreement and this
Reimbursement Agreement for the Work.
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by through their duly authorized representatives, effective the date first above written.
DUKE ENERGY FLORIDA, LLC
(Signature)
(Name, Printed or Typed)
(Position)
CITY OF CLEARWATER
By: ____________________________
Printed Name: ______________________
Printed Title: _______________________
Dated: ____________________
By: ____________________________
Printed Name: ______________________
Printed Title: _______________________
Dated: ____________________
By: ____________________________
Printed Name: ______________________
Printed Title: _______________________
Dated: ____________________
Attest:
____________________________
Treasurer
4
UTILITY REIMBURSEMENT AGREEMENT
EXHIBIT A
(City of Clearwater – City Hall – Myrtle Ave)
The areas highlighted on the map indicate the locations where Duke Energy will be installing
conduit and cable within the right of way. This installation will also include several pull boxes,
which are the designated locations where Duke Energy has agreed to perform the installations.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0267
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve the Property Disposition Strategy for City of Clearwater and Clearwater Community
Redevelopment Agency owned properties.
SUMMARY:
At the February 5, 2025, Strategic Planning and Implementation Meeting, the City Manager directed a
CRA-led interdepartmental team to develop a strategy to dispose of surplus properties owned by the City
and CRA. This initiative builds on previous CRA Trustee directives to assess City and CRA property
inventories and identify opportunities for productive reuse.
The Property Disposition Strategy provides a comprehensive, structured approach for managing and
disposing of surplus properties owned by the City of Clearwater (City) and the Community Redevelopment
Agency (CRA). This strategy is designed to be legally compliant, transparent, and aligned with the City’s
long-term vision for economic development, housing affordability, and community revitalization.
By adhering to established legal frameworks and best practices, the strategy ensures that surplus
properties are disposed of in a manner that maximizes community benefit, promotes economic growth,
supports affordable housing, and fosters responsible land stewardship. Additionally, it aligns with
Clearwater’s broader redevelopment goals, contributing to public infrastructure enhancements and an
improved quality of life for residents.
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts.
2.1 Support equitable housing programs that promote household stability and reduce the incidence of
homelessness within Clearwater.
3.2 Preserve community livability through responsible development standards, proactive code compliance,
and targeted revitalization.
3.3 Promote marketing and outreach strategies that encourage stakeholder engagement, enhance
community education, and build public trust.
Page 1 City of Clearwater Printed on 3/25/2025
CITY OF CLEARWATER
COMMUNITY REDEVELOPMENT AGENCY & CITY OWNED PROPERTY
DISPOSITION STRATEGY
Prepared by: Clearwater Property Disposition Team
City of Clearwater
Community Redevelopment Agency
Date: March 18, 2025
1
TABLE OF CONTENTS
CONTENTS
1. SCOPE OF WORK ........................................................................................................................................ 2
2. LEGAL & REGULATORY FRAMEWORK ........................................................................................................ 2
3. EVALUATION AND DISPOSITION PROCESS FOR DIFFERENT TYPES OF PARCELS ....................................... 3
4. PROPERTY DISPOSITION STRATEGIES & METHODS ................................................................................... 7
5. IMPLEMENTATION PLAN & TIMELINE ....................................................................................................... 8
6. APPRAISAL .................................................................................................................................................. 8
7. EVALUATION & RECOMMENDATION PROCESS ......................................................................................... 8
8. MONITORING & PERFORMANCE EVALUATION ......................................................................................... 9
9. BUDGET & FINANCIAL IMPACT .................................................................................................................. 9
APPENDIX A: LIST OF PROPERTIES BY CATEGORY .......................................................................................11
APPENDIX B. SAMPLE EVALUATION FORMS................................................................................................15
APPENDIX C. REFERENCES ...........................................................................................................................17
APPENDIX D. CASE STUDIES .........................................................................................................................18
2
1. SCOPE OF WORK
The purpose of this Property Disposition Strategy (this “Strategy”) is to establish a framework for the
structured and transparent identification, evaluation, and disposition of surplus properties owned by
the City of Clearwater (the “City”) and the City of Clearwater Community Redevelopment Agency (the
“CRA”). The process will adhere to applicable legal requirements, including state statutes, the City’s
Charter, and the CRA redevelopment plans while furthering the vision of the City’s Comprehensive and
Strategic Plans. This Strategy is meant to be a living document that is updated over time to respond to
changing market conditions and the evolving needs of the City and CRA.
Specific goals of this Strategy include the following:
• Identifying properties that are surplus to the City’s and CRA’s needs;
• Evaluating potential future uses for surplus properties in alignment with City and CRA plans;
• Ensuring all dispositions, where applicable, comply with Florida Statutes and City Charter Section
2.01;
• Implementing best practices for property disposition, including appraisals, environmental
reviews, and competitive selection processes;
• Structuring a transparent process for property disposition that fosters economic development,
job creation, affordable housing opportunities, the elimination and prevention of slums and
blighted areas, and alignment with the best interest of the City, the CRA, and the City’s
residents; and
• Establishing an evaluation team to review and recommend disposition strategies for approval by
the governing body.
2. LEGAL & REGULATORY FRAMEWORK
Properties covered by this Strategy are subject to one or more of the following requirements:
A. CRA-Owned Property Disposition Requirements (F.S. 163.380 and applicable CRA Plans): F.S. §
163.380 governs the disposal of property in a community redevelopment area. Under this
statute, any municipality or community redevelopment agency "may sell, lease, dispose of, or
otherwise transfer real property acquired by it for community redevelopment in a community
redevelopment area to any private person in accordance with the community redevelopment
plan. These plans, including those for Downtown Clearwater and North Greenwood, outline the
permitted uses, development criteria, and restrictions for CRA property transfers. The
disposition will need to comply with certain public noticing and review processes in accordance
with the statute.
B. City-Owned Property Disposition Requirements: City-owned parcels that are no longer needed
for municipal public use must be declared surplus by the City of Clearwater City Council (the
“City Council”). Section 2.01 of the City Charter requires competitive bidding unless specific
exemptions apply. Additionally, when these parcels are located within a community
redevelopment area, they are also subject to the requirements of F.S. § 163.380.
3
C. Affordable Housing Property Disposition Requirements (F.S. § 166.0451 and City of Clearwater
Affordable Housing Property Development Program: To participate in the Florida SHIP
program, the City is required to maintain an inventory of parcels suitable for affordable housing.
The F.S. § 166.045 provides that the parcels on this list, whether owned by the City or the CRA,
may generally be used for affordable housing through:
1. Long-term land leases;
2. Offered for sale and the proceeds used to purchase land for affordable housing or to
increase the local government fund earmarked for affordable housing;
3. Sold with a restriction that requires the development of the property as permanent
affordable housing; or
4. Donated to a nonprofit housing organization for the construction of permanent
affordable housing.
Alternatively, the statute provides that the City or CRA may otherwise make parcels available for
use for the production and preservation of permanent affordable housing.
City-owned parcels on the inventory list are also subject to the City of Clearwater Affordable
Housing Property Disposition Policy. In addition to the above statutory requirements, these
parcels continue to be subject to the requirements of subsections A. and B. above as applicable.
Affordable Housing: The general guideline used by the federal government is that housing
should cost no more than 30 percent (30%) of a household’s gross income. Housing costs
include rent or mortgage payments, property taxes (for homeowners), renter’s or homeowner’s
insurance, and utility costs. Many, though not all, federal, state, and local funding programs
require affordable housing providers to use this standard when setting rents or purchase prices
for their units. Depending on the program, the rent or purchase price of a unit may be set at 30
percent (30%) of a specific income level (e.g. 50 percent of Area Median Income (“AMI”)), or at
30 percent of the applicant household’s income.
Workforce Housing: Florida Statute § 420.5095 defines workforce housing as housing affordable
to households with incomes at or below:
• 140 percent (140%) of the AMI, adjusted for household size; or
• 150 percent (150%) of AMI, adjusted for household size, in areas of critical state
concern.
3. EVALUATION AND DISPOSITION PROCESS FOR DIFFERENT TYPES OF PARCELS
A. Undevelopable Parcels (Uneconomic Remainders of Land):
Parcel Summary. Undevelopable parcels, or uneconomic remainders of land as referred to in the
City Charter, are high-priority candidates for immediate disposal. These properties are those parcels
that cannot be developed for new uses. They typically require ongoing maintenance and security
measures which can create unnecessary financial and liability burdens for the City and CRA.
4
Step 1: Evaluation. Parcels shall be deemed to be undevelopable based on irregular shape or size, by
having insufficient land area relative to the requirements of the City’s Community Development
Code (the “CDC”), or generally accepted market development standards.
Step 2: Disposition Strategy. Once evaluated, undeveloped parcels will first be offered for sale to
adjacent property owners. Initial sales prices for such parcels shall be based on information available
from the Pinellas County Property Appraiser. This ensures fair market practices, simplifies the
valuation process, and provides an opportunity for neighboring owners to expand their holdings.
These parcels will be expedited for disposal due to their ongoing maintenance costs and liability
concerns. Consideration may be given to sale of these parcels for less than appraised value since
these parcels will likely become a part of developed adjacent parcels which could generate greater
ad valorem tax revenue.
B. Small-Scale Residential Parcels (CRA & City-Owned):
Parcel Summary. Small-scale Residential parcels (“Residential Parcels”) are those parcels owned
either by the CRA or the City that are most suitable for detached dwellings (single-family homes) or
small-scale attached dwellings (duplexes, triplexes, etc.). Residential Parcels are typically located in
the City’s residential zoning districts including the LDR, LMDR, MDR, MHDR, HDR, NC, and MHP
districts. Generally, these parcels should be used for the creation of workforce or affordable
housing.
Step 1: Evaluation. Each Residential Parcel will be evaluated for its potential to support workforce
and affordable housing initiatives. Parcels with high suitability for these uses will be reserved for
development that address critical housing needs. This prioritization reflects the City and CRA’s
commitments to fostering inclusive communities and supporting residents who contribute to the
local economy.
Step 2: Disposition Strategy. Residential Parcels will be disposed of through a phased approach
allowing for a strategic and measured release of properties over time. This approach ensures that
the City and CRA can respond to market demands, support long-term housing goals, and prevent
market oversaturation. Properties will be advertised for disposition in “groups” that contain up to 20
Residential Parcels at a time.
C. Non-Residential Parcels:
Parcel Summary. These are parcels that are owned by either the City or the CRA, and are most
suitable for commercial uses, institutional uses, or industrial uses as allowed by the CDC. These
parcels are typically located in the City’s non-residential zoning districts including the C, T, O, US 19,
I, and IRT zoning districts. Non-residential parcels located in the D zoning district are classified
separately under Section 3.(D.) herein.
Step 1: Evaluation. These properties will be strategically evaluated to ensure alignment with
anticipated zoning changes, market trends, and the City and CRA’s long-term redevelopment goals.
Before initiating the disposition process, each parcel will undergo a comprehensive evaluation to
determine the highest and best use that aligns with the City’s redevelopment and strategic goals.
This assessment may include the following factors among others:
5
• Market demand and economic impact potential;
• Community demand and community impact potential;
• Alignment with future zoning and land use plans;
• Alignment with the comprehensive plan, strategic plans, and if applicable special area plans;
• Potential to support job creation and commercial activity; and
• Contribution to community vibrancy and urban design standards.
Step 2: Disposition Strategy. Once the optimum development outcome is identified, the City or CRA
will structure the disposition process to attract proposals that maximize public benefit and comply
with applicable legal processes outlined in Section 2. This may involve targeted competitive
solicitations that prioritize development projects aligned with the City or CRA’s policies, plans,
visions, etc. Selection criteria may consider factors such as financial feasibility, developer
experience, and alignment with community and economic development objectives.
Note: Absent a referendum or an applicable exception to the City Charter requirements, City parcels
shall be sold to the party submitting the highest competitive bid above the appraised value whose
bid meets the terms set by the City Council and whose proposed use of the property is in
accordance with the City Council's stated purpose for declaring the property surplus.
D. Downtown Parcels:
Parcel Summary. These are parcels owned by either the City or the CRA, located within the
Downtown (D) zoning district, and are most suitable for various commercial and mixed-use
development. These parcels play a critical role in advancing the revitalization and future of the City’s
downtown area.
Note: Attached dwellings are permitted in the D district but are categorized under Section 5.(E.) to
the extent they are single-use projects.
Step 1: Evaluation. These parcels will be carefully evaluated for highest and best uses that support
the City and CRA’s long-term vision, goals, and objectives for the Downtown district. These goals
include encouraging development that promote walkability; integrate diverse land uses; and
contribute to creating dynamic, inclusive spaces that attract residents, businesses, and visitors alike.
Before initiating the disposition process, the City or CRA will conduct a thorough assessment of each
parcel to determine the most beneficial development outcomes. This assessment may consider
factors including but not limited to the following:
• Compatibility with future land-use and zoning regulations;
• Potential to support affordable and workforce housing;
• Opportunities for commercial growth and local job creation; and
• Enhancement of public spaces, infrastructure, and community amenities.
Step 2: Disposition Strategy. Following the determination of optimal development outcomes, the
City or CRA may consider issuing competitive solicitations, entering into land exchange agreements
with community partners, or other actions permitted by law that serve the best interests of the City
6
or CRA. Any competitive solicitations will be structured to attract proposals that align with the City’s
and CRA’s redevelopment priorities which may include but not be limited to:
• A clear understanding of Clearwater’s mixed-use development goals;
• Proven experience with successful mixed-use or urban redevelopment projects;
• Financial capacity and a viable development plan; and
• Commitment to community engagement and delivering long-term public benefits.
Proposals will be evaluated based on their alignment with the City and CRA’s strategic goals,
potential economic and community impact, and the developer’s ability to execute the project
effectively. The selection process will ensure that awarded projects reflect the highest standards of
design, sustainability, and economic contribution to the community.
Note: Absent a referendum or an applicable exception to the City Charter requirements, City parcels
shall be sold to the party submitting the highest competitive bid above the appraised value whose
bid meets the terms set by the City Council and whose proposed use of the property is in
accordance with the City Council's stated purpose for declaring the property surplus.
E. Large-Scale Attached Dwellings (Multi-Family) Parcels:
Parcel Summary. These are parcels owned by the City or CRA that are most suitable for large-scale
attached dwelling (multi-family) projects. Such parcels are typically located within the HDR and D
zoning districts but may be located in additional districts where such use is allowed by the CDC. This
classification supports the City and CRA’s commitment to fostering inclusive communities, increasing
residential density in targeted areas, and enhancing neighborhood vitality through well-planned and
high-quality designed residential projects.
Step 1: Evaluation. Properties designated for this use will be evaluated based on potential to
support Clearwater’s housing needs, promote equitable access to housing, and contribute to the
vibrancy of the community through high-quality site and architectural design. Priority will be given
to developments that align with broader objectives such as increasing housing availability,
supporting mixed-income communities, and enhancing neighborhood connectivity. Large-scale
workforce or affordable housing projects may be considered as well.
Prior to initiating the disposition process, the City or CRA will conduct a comprehensive evaluation
of each parcel to determine optimal development potential. This process may assess factors
including but not limited to:
• Proximity to public transit, schools, and essential services;
• Potential to contribute to workforce or affordable housing stock;
• Alignment with the goals and policies of the Comprehensive Plan, the CDC, the CRA plans,
and the Strategic Plan; and
• Opportunities to integrate community amenities, green spaces, and sustainable building
practices.
Step 2: Disposition Strategy. Once evaluation is complete, the CRA or City will issue competitive
solicitations seeking qualified developers. These solicitations will aim to attract developers with the
7
capacity and expertise to deliver high-quality, large-scale attached dwelling projects that meet the
City’s strategic objectives. Potential developers shall be reviewed against the following among other
potential criteria:
• A clear understanding of Clearwater’s housing priorities;
• Experience in developing attached dwelling residential projects, particularly those that
include affordable and workforce housing components;
• Financial stability and a feasible development plan; and
• A commitment to community integration, sustainability, and long-term neighborhood
benefits.
Proposals will be reviewed based on their potential to fulfill the City or CRA’s housing and
community development goals, the developer’s capacity to deliver a high-quality project, and the
economic and social impact of the development among other criteria. Preference may be given to
proposals that demonstrate design innovation, incorporate sustainable practices, and provide long-
term community benefits.
4. PROPERTY DISPOSITION STRATEGIES & METHODS
Competitive Open Bidding Process: The City and CRA may dispose of property through a public
bidding process to ensure transparency and maximize returns. This method is often used for
properties intended for commercial, industrial, or mixed-use development.
Public-Private Partnerships (PPP): The City and CRA may partner with private developers to
leverage public resources for large-scale redevelopment efforts. PPPs are useful for mixed-use
developments, infrastructure improvements, and affordable housing projects. Appropriate laws,
rules, and procedures will need to be followed to effectuate such a partnership.
Sale for Workforce & Affordable Housing: The City may sell parcels to be used for workforce
housing (including affordable housing) for less than fair market value if approved at a duly noticed
meeting of the City Council. The CRA may sell parcels below market value to non-profits, affordable
housing developers, or government entities if the sale provides a demonstrable community benefit,
such as job creation or improved public infrastructure.
Transfer to Government Entities: The City may also transfer a parcel to another government entity
for less than market value following a determination of valid public purpose at a duly noticed
meeting of the City Council. When the transfer involves the CRA, the conveyance must be consistent
with the respective redevelopment plan and serve the public interest. This strategy may be useful
when larger projects require intergovernmental cooperation and assistance.
Land Swaps: The City and CRA may exchange parcels with other public or private entities when the
properties have comparable appraisal value. This strategy may help consolidate parcels for
redevelopment, support infrastructure projects, or help the City or CRA obtain a more desired
parcel.
Active Marketing and Evaluation Framework: The City and CRA will implement an active marketing
approach to enhance outcomes and generate greater benefits for the city and its citizens. This
8
strategy will incorporate pre-marketing activities aimed at attracting a broader range of interested
parties and increasing competition for development opportunities.
5. IMPLEMENTATION PLAN & TIMELINE
The following phases will be completed in the coming months, in alignment with the active
marketing approach and real property markets. Ongoing monitoring, stakeholder engagement, and
market analysis will guide subsequent rounds of disposition.
Phase 1: Property Inventory & Classification (Completed): The initial phase focused on developing a
comprehensive inventory of City & CRA-owned parcels. Each parcel was classified based on factors
such as zoning, size, current use, and potential for redevelopment. This classification helps prioritize
properties for disposition while ensuring alignment with the City and CRA’s economic development
and community revitalization goals.
Phase 2: Marketing & Solicitation of Proposals (Ongoing): During this phase, the City and CRA will
develop and execute a targeted marketing strategy to attract qualified developers and investors.
Parcels will be marketed individually or as part of strategic packages—such as the Med Village and
MLK parcel groups—to encourage interest from developers capable of supporting the City and CRA’s
priorities. A formal process will be initiated to solicit competitive proposals.
Phase 3: Selection of Proposals (Ongoing): Submitted proposals will be evaluated based on criteria
that reflect community goals, financial feasibility, and developer experience. This evaluation will
involve input from an evaluation team (see Section 7.). The final selection will prioritize projects that
support neighborhood revitalization, increase residential opportunities, and preserve or enhance
property values within the community.
Note: Parcels subject for disposition, will be routed, prior to advertising, to all City departments for
comments.
6. APPRAISAL
Independent appraisals shall be conducted prior to any sale or lease to ensure that property values
are accurately assessed and reflect current market conditions. This process establishes a fair market
value for each parcel, safeguarding the financial interests of the City and CRA and supporting
equitable transactions. For packaged properties, appraisals consider both individual and collective
values to determine the most advantageous pricing strategy for the City and CRA and the
surrounding community.
7. EVALUATION & RECOMMENDATION PROCESS
A multidisciplinary review team shall evaluate proposals. This team may include representatives
from the City’s Planning & Development, Public Works, Economic Development & Housing, and CRA,
as well as legal and financial experts. Their role is to analyze each proposal’s feasibility, alignment
with City and CRA objectives, and potential impact on the community. The team’s recommendations
will then be presented to the City Council or CRA Board of Trustees (the “Trustees”) for final
approval.
9
Proposals will be evaluated on criteria that may include but not be limited to:
• Alignment with Clearwater City and CRA Goals (25 Points);
• Development Plan & Design Quality (20 Points);
• Timeline for Project Completion (15 Points);
• Community Impact (15 Points);
• Sustainability and Resilience (10 Points);
• Financial Feasibility (10 Points);
• Property Utilization – Alignment with Residential Use (5 Points); and
• Narrative/Summary of Development (5 Points).
Recommendation reports shall be presented to the City Council or Trustees in a structured format,
including a summary of the evaluation process, scoring results, and an analysis of how each proposal
aligns with the City or CRA’s goals. The report will provide justification for the recommended
selection and highlights anticipated community benefits. The City Council or Trustees will review
these findings and make the final determination on property disposition, ensuring transparency and
alignment with public interest.
8. MONITORING & PERFORMANCE EVALUATION
To ensure the effectiveness and transparency of this Strategy, a structured monitoring and
performance evaluation framework will be established. This framework will track progress, assess
outcomes, and enable timely adjustments based on market conditions, community feedback, and
strategic priorities.
Stakeholder engagement will be a key component of this process, involving regular communication
with community members, local businesses, and other relevant partners. Public meetings, surveys,
and stakeholder consultations will be conducted to gather feedback and ensure that this Strategy
reflects the needs and priorities of the community.
Transparency measures will include clear documentation of decision-making processes, regular
reporting on performance metrics, and the publication of disposition outcomes. These efforts will
promote accountability, build public trust, and ensure that the property disposition process remains
fair, equitable, and aligned with the City and CRA’s redevelopment goals.
9. BUDGET & FINANCIAL IMPACT
This Strategy is designed to consider financial outcomes while ensuring compliance with relevant
legal frameworks and strategic objectives. This section examines the financial implications of the
disposition process, including costs, resource allocation, and long-term economic impacts.
Cost Considerations: The implementation of this Strategy involves various cost factors, which must
be carefully managed to ensure fiscal sustainability and maximize the efficiency of process. Key costs
include:
10
• Appraisals: Appraisals will be conducted in conformance with the City’s Charter, and CRA
parcels in accordance with their respective Redevelopment area Plans, to determine
minimum sale prices acceptable.
• Marketing and Solicitation Costs: A competitive solicitation process will involve marketing
and administrative costs. These costs include outreach efforts to attract qualified developers
and ensure the transparency and competitiveness of the disposition process.
• Property Maintenance and Liability Costs: Ongoing maintenance and security costs for the
properties will need to be factored in until the properties are sold. Additionally, liability
concerns associated with vacant properties must be considered, as these may incur costs
related to insurance and legal compliance.
Financial Oversight and Reporting: To ensure effective oversight, the CRA and City staff will
implement a financial tracking system. Regular updates and performance evaluations will be
conducted to assess the financial outcomes of the property dispositions, including costs incurred
and the anticipated long-term economic benefits. These reports will be presented to the City
Council, which also serves as the Trustees, for review.
Disbursement of Proceeds: Proceeds of sales will be credited in conformance with City policy, bond
covenants, and to the requisite general, service, special program, or enterprise fund for each parcel
based upon the source of funds used to acquire each parcel, if appropriate.
11
APPENDIX A: LIST OF PROPERTIES BY CATEGORY
Undevelopable Parcels (Uneconomic Remainders of Land):
Parcel ID Number Address
01-29-15-16488-000-0151 BELCHER RD
01-29-15-16488-000-0210 1498 N BELCHER RD
03-29-15-28674-005-0030 1951 OVERBROOK AVE
05-29-16-00000-110-0900 UNION ST
10-29-15-59796-003-0003 N MISSOURI AVE
10-29-15-61740-001-0090 600 MARSHALL ST
10-29-15-61758-004-0050 MARSHALL ST
10-29-15-65718-000-0131 701 PALM BLUFF ST
10-29-15-65718-001-0040 1255 N MYRTLE AVE
20-29-16-00000-320-0100 US HIGHWAY 19 N
29-28-16-00000-110-0200 LANDMARK DR
Residential Parcels - City-Owned (outside of N Greenwood CRA):
Parcel ID Number Address Site
10-29-15-72000-008-0060 1021 LEE ST 1
11-29-15-31194-000-0990 1532 SMALLWOOD CIR 2
13-29-15-22662-000-0311 1865 DRUID RD 3
17-29-16-34650-000-0180 108 DAVID AVE 4
22-29-15-07938-010-0010 801 HOWARD ST 5
Residential Parcels – Within North Greenwood CRA boundaries:
Parcel ID Number Address Site
10-29-15-61758-002-0060 1002 GRANT ST 1
10-29-15-61758-002-0070 1004 GRANT ST 1
10-29-15-61758-002-0080 1006 GRANT ST 1
10-29-15-61758-002-0081 1007 MARSHALL ST 1
10-29-15-33534-003-0150 1105 Carlton St 2
10-29-15-33552-005-0650 1164 LA SALLE ST 3
10-29-15-45000-002-0020 806 JURGENS ST 4
10-29-15-51948-001-0160 1415 TAFT AVE 5
12
Non-Residential Parcels - City-Owned (outside of N Greenwood CRA):
Parcel ID Number Address Site
16-29-16-00000-240-0820 3140 GULF TO BAY BLVD 1
21-29-15-47466-002-0110 799 LAKEVIEW RD 2
Non-Residential Parcels – Within North Greenwood CRA boundaries:
Parcel ID Number Address Site
10-29-15-33534-003-0160 1325 N MARTIN LUTHER KING JR AVE 1
10-29-15-33534-003-0170 N MARTIN LUTHER KING JR AVE 1
10-29-15-33534-003-0180 1317 N MARTIN LUTHER KING JR AVE 1
10-29-15-33534-003-0190 1106 TANGERINE ST 1
10-29-15-65718-004-0050 1011 ENGMAN ST 2
10-29-15-65718-004-0080 1017 ENGMAN ST 2
10-29-15-33552-004-0320 1313 N MARTIN LUTHER KING JR AVE 3
10-29-15-45000-006-0040 900 PALMETTO ST 4
10-29-15-65718-000-0311 1050 MARTIN LUTHER KING JR AVE 5
10-29-15-65718-000-0321 MARTIN LUTHER KING JR AVE 6
10-29-15-65718-000-0325 1010 MARTIN LUTHER KING JR AVE 7
10-29-15-71694-005-0080 1315 N BETTY LN 8
09-29-15-00000-440-0400 410 N MYRTLE AVE 9
09-29-15-32184-001-0010 900 N FT HARRISON AVE 10
13
Downtown Parcels:
Parcel ID Number Address Site
15-29-15-16830-003-0040 COURT ST 1
15-29-15-16830-003-0070 900 CHESTNUT ST 1
09-29-15-44352-006-0030 618 DREW ST 2
09-29-15-44352-006-0050 N GARDEN AVE 2
09-29-15-44352-006-0070 615 JONES ST 2
15-29-15-64890-003-0010 1359 CLEVELAND ST 3
15-29-15-64890-003-0050 1351 CLEVELAND ST 3
15-29-15-64890-003-0170 1356 PARK ST 3
15-29-15-64890-003-0190 14 S EVERGREEN AVE 3
15-29-15-21690-000-0190 1132 GOULD ST 4
15-29-15-21690-000-0200 1128 GOULD ST 4
15-29-15-21690-000-0210 1124 GOULD ST 4
15-29-15-65214-002-0150 PIERCE ST 5
15-29-15-65214-002-0180 115 S MARTIN LUTHER KING JR AVE 5
16-29-15-00000-130-0500 200 S OSCEOLA AVE 6
16-29-15-00000-130-0600 301 PIERCE ST 6
16-29-15-00000-130-0700 237 PIERCE ST 6
16-29-15-00000-130-0800 S OSCEOLA AVE 6
15-29-15-54450-007-0010 610 FRANKLIN ST 7
16-29-15-32292-005-0070 525 PARK ST 8
16-29-15-16853-002-0020 150 S OSCEOLA AVE 9
15-29-15-21672-000-0030 314 S MADISON AVE 10
15-29-15-65214-005-0131 315 S MADISON AVE 11
16-29-15-18648-000-0520 S FT HARRISON AVE 12
14
Large Scale Attached Dwellings (Multi-Family):
Parcel ID Number Address Site
15-29-15-57010-000-0004 PARK ST 1
15-29-15-57010-000-0650 840 NATHANS LN 1
15-29-15-57010-000-0660 838 NATHANS LN 1
15-29-15-57010-000-0670 836 NATHANS LN 1
15-29-15-57010-000-0680 834 NATHANS LN 1
15-29-15-57010-000-0690 832 NATHANS LN 1
15-29-15-57010-000-0700 830 NATHANS LN 1
15-29-15-57010-000-0710 828 NATHANS LN 1
15-29-15-57010-000-0720 835 NATHANS LN 1
15-29-15-57010-000-0730 837 NATHANS LN 1
15-29-15-57010-000-0740 839 NATHANS LN 1
15-29-15-65214-002-0080 1125 PIERCE ST 2
15-29-15-65214-002-0090 1129 PIERCE ST 2
15-29-15-65196-000-0030 205 S MARTIN LUTHER KING JR AVE 3
15-29-15-65196-000-0034 WASHINGTON AVE S 3
15-29-15-65196-000-0035 WASHINGTON AVE S 3
15-29-15-65196-000-0060 PIERCE ST 3
15-29-15-65196-000-0061 S MARTIN LUTHER KING JR AVE 3
15-29-15-65196-000-0062 S MARTIN LUTHER KING JR AVE 3
15-29-15-65196-000-0063 1110 GOULD ST 3
15
APPENDIX B. SAMPLE EVALUATION FORMS
Commercial Property Scoring/ Evaluation Criteria
For Acceptance of Submittals
Possible
Points
100
Alignment with Clearwater City/CRA Goals
(Max 25)
MAX 25
Contribution to affordable housing, public spaces, or cultural development 15
Supports local economic development (e.g., job creation, support for small business) 10
Development Plan & Design Quality
(Max 20)
MAX 20
Comprehensive site & building plans with evaluations, floor plans, landscaping and
design perspectives
20
Conceptual sketches and clear development narrative 15
Basic description with limited visual documentation 5
Timeline for Project Completion (Max 15) MAX 15
Completion within 1 year 15
Completion between 1-3 years 10
Completion in 5+ years 5
Economic & Community Impact
(Max 10)
MAX 10
Demonstrates significant job creation and workforce development 10
Incorporates partnerships with local businesses or nonprofits 5
Sustainability and Resilience
(Max 10)
MAX 10
Incorporates green building practices, energy efficiency, or disaster-resilient
infrastructure
10
Basic Environmental considerations 5
Financial Feasibility
(Max 10)
MAX 10
Detailed cost estimates from a licensed contractor with proof of financial ability 10
Estimated costs with limited third-party verifications 5
Property Utilization (Max 15) MAX 5
Permitted Use 5
Conditional Use 3
Narrative/Summary of Development (Max 5) MAX 5
Clear, well-articulated narrative detailing project vision and goals 5
Total Project Score 100
16
Residential Property Scoring/ Evaluation Criteria
For Acceptance of Submittals
Possible
Points
100
Alignment with Clearwater City/CRA Residential Goals
(Max 25)
MAX 25
Contribution to affordable housing, neighborhood revitalization, or community
enhancement
15
Supports homeownership opportunities or long-term residential stability 10
Development Plan & Design Quality
(Max 20)
MAX 20
Comprehensive site & building plans including elevations floor plans, landscaping, and
design perspectives
20
Conceptual sketches and clear development narrative 15
Basic description with limited visual documentation 5
Timeline for Project Completion
(Max 15)
MAX 15
Completion within 1 year 15
Completion between 1-3 years 10
Completion in 5+ years 5
Community Impact (Max 15) MAX 15
Project promotes neighborhood stability, affordable housing, or enhances community
engagement
10
Involves partnerships with local organizations or nonprofits 5
Sustainability and Resilience
(Max 10)
MAX 10
Incorporates energy efficiency, green building practices, or disaster resilient design 10
Basic environmental considerations 5
Financial Feasibility
(Max 10)
MAX 10
Detailed cost estimates from licensed contractor with proof of financial ability 10
Estimated costs with limited third-party verification 5
Property Utilization – Alignment with Residential Use
(Max 5)
MAX 5
Owner Occupied 5
Develop for Resale 3
Develop as Rental Property 2
Narrative/Summary of development
(Max 5)
MAX 5
Clear, well-articulated narrative detailing project vision and community benefit 5
Total Project Score 100
17
APPENDIX C. REFERENCES
• City of Clearwater Strategic Plan
• City of Clearwater Charter Section 2.01
• City of Clearwater Code of Ordinances
• Clearwater 2045 - Comprehensive Plan
• Clearwater 5-year Consolidated Plan
• Clearwater Beach by Design
• Clearwater Community Development Code
• Clearwater Local Housing Incentive Strategy
• Clearwater Parks and Rec Master Plan
• Downtown Clearwater CRA Plan
• Florida State Statute 163.380
• Florida State Statute 166.0451
• North Greenwood CRA Plan
• US 19 Corridor Redevelopment Plan
18
APPENDIX D. CASE STUDIES
• Fort Pierce Community Redevelopment Agency Surplus Property Strategy
• Lakeland – Sale of City-Owned Property
• Lealman CRA Disposition Policy Draft
• Tampa Infill Housing Program
• Miami-Dade County Infill Housing Program Guidelines
• Escambia County / Pensacola Infill Affordable Housing Program Documents
• Dania Beach CRA Acquisition & Disposition Program
• North Miami CRA Real Property Disposal Guidelines
• City of St. Petersburg Affordable Housing Lot Disposition Program
• City of North Port – Inventory, Disposal and Acquisition of Real Property
• St. Petersburg Comprehensive Plan
1
MEMORANDUM
TO: Jennifer Poirrier, City Manager
FROM: Jesus Nino, Executive Director, Community Redevelopment Agency; and Project Team
DATE: March 07, 2025
SUBJECT: Property Disposition Strategy – City-Owned and CRA-Owned Properties
Project Background
At the February 5, 2025, Strategic Planning and Implementation Meeting, the City Manager directed a
CRA-led interdepartmental team to develop this strategy, with a draft due by March 7, 2025. This
initiative builds on previous CRA Trustee directives to assess City and CRA property inventories and
identify opportunities for productive reuse.
Purpose and Summary
The Property Disposition Strategy provides a comprehensive, structured approach for managing and
disposing of surplus properties owned by the City of Clearwater (City) and the Community
Redevelopment Agency (CRA). This strategy is designed to be legally compliant, transparent, and aligned
with the City’s long-term vision for economic development, housing affordability, and community
revitalization.
By adhering to established legal frameworks and best practices, the strategy ensures that surplus
properties are disposed of in a manner that maximizes community benefit, promotes economic growth,
supports affordable housing, and fosters responsible land stewardship. Additionally, it aligns with
Clearwater’s broader redevelopment goals, contributing to public infrastructure enhancements and an
improved quality of life for residents.
Key Objectives:
• Optimized Land Use – Identify and repurpose surplus properties efficiently.
• Strategic Alignment – Ensure consistency with the City Charter, Strategic Plan, Comprehensive
Plan, and redevelopment priorities.
• Regulatory Compliance – Adhere to statutory requirements and competitive disposition
processes.
• Transparency & Accountability – Utilize appraisals, environmental reviews, and fair market
transactions.
• Community Impact – Drive economic growth, job creation, and affordable housing initiatives.
• Governance & Oversight – Establish a review team to evaluate and recommend property
dispositions for governing body approval.
2
This strategy reinforces both the CRA’s mission and the City’s Strategic Plan Vision by fostering
economic vitality, responsible development, and long-term sustainability.
Project Team (Clearwater Property Disposition Team):
• Jesus Nino, Community Redevelopment Agency Department
• Anne Lopez, Community Redevelopment Agency Department
• Brian Ulbricht, Community Redevelopment Agency Department
• Ted Kozak, Planning and Development Department
• Robert J. Kasmer, Public Works Department
• Joseph DeCicco, Public Works Department
• Dylan Mayeux, Economic Development & Housing Department
• Philip Kirkpatrick, Economic Development& Housing Department
• Matthew Mytych, City Attorney’s Office
Stakeholders (Internal and External):
• Clearwater City Council and Mayor / CRA Trustees
• City Manager’s Office
• Residents & Business Owners
• Developers & Investors
• Affordable Housing Organizations
• State & Local Regulatory Agencies
• Parks & Recreation
• Finance Department
Implementation and Next Steps
As a living document, this strategy will be updated as needed to enhance efficiency, adapt to evolving
market conditions, and improve implementation processes. Certain components will be further developed
to provide detailed, actionable steps for execution.
Upon submission, the project team will promptly incorporate feedback from the City Manager’s Office,
City Attorney’s Office, and Senior Executive Team members to refine and finalize the strategy for
implementation.
Attachment:
• City of Clearwater Community Redevelopment Agency & City Owned Property Disposition
Strategy
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0243
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Approve a North Greenwood Commercial Grant for Tori and Timothy Charles located at 1215 N Martin
Luther King Jr. Ave, Clearwater, FL 33755 in an amount not to exceed $74,516.91 and authorize the
appropriate officials to execute same.
SUMMARY:
On July 15, 2024, the CRA Trustees approved the North Greenwood Commercial Grant program. The
Commercial Grant Program is designed to incentivize commercial property and business owners within the
North Greenwood CRA to invest in building, structural, and site improvements. By offering grants of up to
$75,000, this program aims to enhance the visual appeal and functionality of the area, stimulate economic
growth, and create a business-friendly environment.
On January 7, 2025, CRA staff received a grant application from Timothy and Tori Charles located at 1215
N Martin Luther King Jr. Ave, Clearwater, FL 33755. The application included improvements for:
·Repair Exterior Doors
·Exterior Painting
·Repave/Repair Parking Lot
·City of Clearwater H2O Meter - (Separate Water Meters)
·3 Phase Electric (Separate Electric Meters)
·Fencing (Materials Only)
The total estimated project cost is $78,266.91. Based on program guidelines, the applicant is eligible for
funding up to $75,000 and must provide a 10% match of $7,500. Up to 50% of this match may be offset
through community service at a rate of one hour per $300 of the approved grant amount.
If approved the applicant will adhere to the following performance measures:
o Improvements must be maintained for at least three years:
o Section 9 of program states that improvements funded by the grant must be maintained in accordance
with City policies, codes, and other applicable requirements for no less than three years.
o Proof of project completion within 365 days:
o Section 8 requires a “Finding of Project Completion” within one year of grant approval, unless an
extension is granted.
o Compliance with City code and permits:
o The applicant must obtain all required permits, pass inspections, and address any existing violations
through the proposed work.
o Use of licensed contractors:
o Unless doing work that doesn’t require a license, eligible improvements must be done by licensed
contractors with itemized quotes and documentation.
Page 1 City of Clearwater Printed on 3/25/2025
File Number: ID#25-0243
o Annual Community Service for Match Reduction
o If the applicant is using the Community Service Credit, they are required to complete a specific
number of hours prior to disbursement of grant funds.
Staff recommends approval of a grant not to exceed $74,516.91, contingent upon the completion of all
required community service hours. Upon approval, CRA staff will finalize a grant agreement outlining the
terms and conditions. Funds will be disbursed upon submission and review of all necessary
documentation, invoices, and proof of expenditures.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 3897552-R2402, Business Improvement Program to fund this grant.
STRATEGIC PRIORITY:
2.1 Strengthen public-private initiatives that attract, develop and retain diversified business sectors.
3.1 Support neighborhood identity through services and programs that empower community pride and
belonging.
3.2 Preserve community livability through responsible development standards, proactive code compliance,
and targeted revitalization.
Page 2 City of Clearwater Printed on 3/25/2025
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0244
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Approve a North Greenwood Commercial Grant for Killarney 6 Investment Group, Inc located at 1115 N
Martin Luther King Jr. Ave. and 1107 N. Martin Luther King Jr, Ave, Clearwater, FL 33755 in an amount not
to exceed $75,000 and authorize the appropriate officials to execute same.
SUMMARY:
On July 15, 2024, the CRA Trustees approved the North Greenwood Commercial Grant program. The
Commercial Grant Program is designed to incentivize commercial property and business owners within the
North Greenwood CRA to invest in building, structural, and site improvements. By offering grants of up to
$75,000, this program aims to enhance the visual appeal and functionality of the area, stimulate economic
growth, and create a business-friendly environment.
On October 2, 2024, CRA staff received a grant application from Killarney 6 Investments Group Inc. for
properties located at 1107 North Martin Luther King Junior Avenue, and 1115 North Martin Luther King
Junior Avenue, Clearwater, FL 33755. The applications included improvements for:
·Roofing repairs
·Electric and plumbing
·Mechanical repairs
·ADA bathrooms
·Interior partition wall buildout
·Paint
·Repair Exterior
·Architectural, Engineering Permitting
Staff recommends approval of a grant not to exceed $75,000 in financial assistance under the Program to
provide exterior and interior improvements to the properties located at 1107 North Martin Luther King Junior
Avenue, Clearwater, FL 33755 for amount not to exceed $32,400 and 1115 North Martin Luther King Junior
Avenue, Clearwater, FL 33755 for amount not to exceed $42,600.
If approved the applicant will adhere to the following performance measures:
·Improvements must be maintained for at least three years:
Section 9 of program states that improvements funded by the grant must be maintained in accordance with
City policies, codes, and other applicable requirements for no less than three years.
·Proof of project completion within 365 days:
o Section 8 requires a “Finding of Project Completion” within one year of grant approval, unless an
extension is granted.
·Compliance with City code and permits:
o The applicant must obtain all required permits, pass inspections, and address any existing violations
through the proposed work.
·Use of licensed contractors:
o Unless doing work that doesn’t require a license, eligible improvements must be done by licensed
contractors with itemized quotes and documentation.
o
Upon approval, CRA staff will finalize a grant agreement outlining the terms and conditions. Funds will be
disbursed upon submission and review of all necessary documentation, invoices, proof of expenditures and
Page 1 City of Clearwater Printed on 3/25/2025
File Number: ID#25-0244
contingent upon paying unpaid property taxes and utility lien.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 3897552-R2402, Business Improvement Program, to fund this grant.
STRATEGIC PRIORITY:
2.1 Strengthen public-private initiatives that attract, develop and retain diversified business sectors.
3.1 Support neighborhood identity through services and programs that empower community pride and
belonging.
3.2 Preserve community livability through responsible development standards, proactive code compliance,
and targeted revitalization.
Page 2 City of Clearwater Printed on 3/25/2025
CONTRACT Page 1
En.Man.Sys Construction Co. d/b/a
TOTAL DESIGN INNOVATIONS
STATE LIC# CGC1522936
4553 Grand Blvd New Port Richey, Fl 34652 Toll Free 1-888-255-4165
Email: moderndayrebuilt@gmail.com
Date: 6/9/ Phone: ( Cell Phone: ( )
NAMES: Gelray Gainey
ADDRESS: 1107 A/B, 1002, 1115 N. MLK Clearwater Fl
FLORDA ZIP: COUNTY: BANK ID #
Estimate Amount:
Additional Installation Notes:
Costs may vary based upon design, structural and civil engineering.
THIS IS A QUOTE FOR CONSTRUCTION SERVICES ON THE PROPERTY LISTED ABOVE BASED UPON AN INITIAL
WALK THROUGH. COSTS MAY VARY BASED UPON FINAL DESIGN BY ARCHITECTURAL FIRM, STRUCTURAL AND
CIVIL EVALUATIONS, CITY OF CLEARWATER.COUNTY OF PINELLAS REVIEW AND ASSOCIATED BUILDING
DEPARTMENT.
Electric projected cost:
3/10/25
New scope of work :
Roofing repairs
Electric and plumbing in designated areas
Mechanical repairs
Fire suppression system repairs
Convert /egress/bathrooms to ADA
Interior partition wall buildout
Paint
Repair exterior
Architectural/Engineering/Permitting
$71,000
1115
CONTRACT Page 1
En.Man.Sys Construction Co. d/b/a
TOTAL DESIGN INNOVATIONS
STATE LIC# CGC1522936
4553 Grand Blvd New Port Richey, Fl 34652 Toll Free 1-888-255-4165
Email: moderndayrebuilt@gmail.com
Date: 6/9/ Phone: ( Cell Phone: ( )
NAMES: Gelray Gainey
ADDRESS: 1107 A/B, 1002, 1115 N. MLK Clearwater Fl
FLORDA ZIP: COUNTY: BANK ID #
Estimate Amount:
Additional Installation Notes:
Costs may vary based upon design, structural and civil engineering.
THIS IS A QUOTE FOR CONSTRUCTION SERVICES ON THE PROPERTY LISTED ABOVE BASED UPON AN INITIAL
WALK THROUGH. COSTS MAY VARY BASED UPON FINAL DESIGN BY ARCHITECTURAL FIRM, STRUCTURAL AND
CIVIL EVALUATIONS, CITY OF CLEARWATER.COUNTY OF PINELLAS REVIEW AND ASSOCIATED BUILDING
DEPARTMENT.
Electric projected cost:
3/10/25
New scope of work :
Roofing repairs
Electric and plumbing in designated areas
Mechanical repairs
Fire suppression system repairs
Convert /egress/bathrooms to ADA
Interior partition wall buildout
Paint
Repair exterior
Architectural/Engineering/Permitting
$69,000
1107
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-0258
Agenda Date: 3/31/2025 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
Downtown Revitalization
SUMMARY:
Downtown Revitalization
STRATEGIC PRIORITY:
2.1 Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.
2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
Page 1 City of Clearwater Printed on 3/25/2025