02/17/2026Tuesday, February 17, 2026
1:30 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Council Work Session
Work Session Agenda - Final-revised
February 17, 2026Council Work Session Work Session Agenda -
Final-revised
1. Call to Order
2. Presentations
February Service Awards2.1
Fire Oaths2.2
Presentation of Clearwater Fire & Rescue Department’s 2025 Firefighter
of the Year and Fire Medic of the Year
2.3
3. Economic Development and Housing
Declare as surplus for the purpose of sale to Rosemary Cooper, certain
unaddressed real property located at the southeast corner of Palm Bluff
Street and North Myrtle Avenue; approve the agreement for transfer of real
property; and authorize appropriate officials to execute same together with
all other instruments required to affect closing. (APH)
3.1
4. Gas System
Approve a Developer Agreement with JEN Tampa 14, LLC; approve an
updated Developer Agreement template for future use; authorize the Gas
System Executive Director to approve future Developer Agreements in
substantially similar form, subject to City Attorney review; and authorize the
appropriate officials to execute same. (consent)
4.1
5. Parks and Recreation
Approve a purchase order to Rep Services, Inc., of Longwood, Florida for
the purchase and installation of playground equipment at Montclair Park
located at 1821 Montclair Road in the total amount of $192,509.44
pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c),
piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate
officials to execute same. (consent)
5.1
Approve an increase to existing purchase orders with Quality Sod and
Landscape LLC, Sunbelt Sod & Grading Co. and Tom’s Sod Service, Inc.
for citywide sod needs in the amount of $60,000.00 for Year 2 to address
additional sod requirements resulting from Hurricanes Helene and Milton,
bringing the total amount for this contract term to $360,000.00, pursuant to
ITB 19-24, and authorize the appropriate officials to execute same.
(consent)
5.2
Page 2 City of Clearwater Printed on 2/13/2026
February 17, 2026Council Work Session Work Session Agenda -
Final-revised
Authorize a purchase order to Wise Hands, LLC. of St Petersburg, FL for
citywide landscape plant material needs in the cumulative annual
not-to-exceed amount of $300,000.00, for the initial term from March 5,
2026 through March 4, 2027, with up to three, one-year renewal options
pursuant to Invitation to Bid 06-26 and authorize the appropriate officials to
execute same. (consent)
5.3
6. General Services
Authorize a purchase order to Elxsi dba Cues of Orlando, FL for the
purchase of a Ford F550 diesel cab with a 16’ cargo box equipped with
Cues equipment in the amount of $514,399.74 pursuant to Clearwater
Code of Ordinances Section 2.563(1)(c) - Piggyback; declare G4858
surplus and authorize disposal by auction or trade-in pursuant to code
sections 2.623(6) and (7), whichever is deemed to be in the City’s best
interest, and authorize the appropriate officials to execute same. (consent)
6.1
Authorize a funding revision and contract extension to the purchase order
with Enforcement One of Oldsmar, FL for citywide vehicle upfitting
services, increasing annual funding from the originally assumed
$250,000.00 to $950,000.00 for contract year two and $1,100,000.00 for
contract year three, for a cumulative not-to-exceed contract total of
$2,300,000.00; extend the final renewal option from April 30, 2027 to
September 30, 2027 pursuant to Invitation to Bid (ITB) No. 18-24; and
authorize the appropriate officials to execute same. (consent)
6.2
7. Planning
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1604 Bonair Street and pass
Ordinances 9875-26, 9876-26, and 9877-26 on first reading.
(ANX2025-12014)
7.1
Approve the annexation, initial Future Land Use Map designation of
Residential Suburban (RS) and initial Zoning Atlas designation of Low
Density Residential (LDR) District for 2941 Abbey Lake Road and pass
Ordinances 9872-26, 9873-26, and 9874-26 on first reading.
(ANX2025-12013)
7.2
Page 3 City of Clearwater Printed on 2/13/2026
February 17, 2026Council Work Session Work Session Agenda -
Final-revised
Continue to March 30, 2026: Amend the Future Land Use Map to apply a
new Planned Redevelopment District (PRD) overlay to the area
encompassing the North Greenwood CRA boundary with the exception of
the area comprising the Old Bay Character District of the Downtown which
is designated as Central Business District (CBD), and any properties
designated as Water, Preservation (P), or Recreation/Open Space (R/OS)
on the city's Future Land Use Map and pass Ordinance 9861-26 on first
reading. (LUP2025-11005)
7.3
Continue to March 30, 2026: Amend Clearwater 2045, the city’s
Comprehensive Plan, to establish a new Planned Redevelopment District
(PRD) Overlay future land use category, with associated bonuses, and
incorporate policies for a new North Greenwood Community Overlay
District and pass Ordinance 9860-26 on first reading. (CPA2025-10001)
7.4
8. Information Technology
Authorize a purchase order with APG Electric Inc, dba APG Technology
(APG) for audio and video equipment, wireless equipment, supplies, and
related services, in an amount not to exceed $950,000.00, for the period
March 1, 2026 through May 31, 2028, pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c), Piggyback or Cooperative Purchasing,
and authorize the appropriate officials to execute same. (consent)
8.1
9. Marine & Aviation
Approve the Joint Participation Agreement (JPA) G3G00 between the City
of Clearwater and the State of Florida Department of Transportation
(FDOT), for a grant to repaint runway and taxiway markings, authorize the
appropriate officials to execute same, and adopt Resolution 26-03.
9.1
10. Public Works
Approve a funding agreement between the City of Clearwater and the
Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley
Trolley service during Spring Break, March 1, 2026 through May 3, 2026,
with the City contributing an amount not to exceed $154,325.00 and
authorize the appropriate officials to execute same. (consent)
10.1
11. City Attorney
Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A.
for Claudia Baker vs. City of Clearwater and authorize the appropriate
officials to execute same.
11.1
Page 4 City of Clearwater Printed on 2/13/2026
February 17, 2026Council Work Session Work Session Agenda -
Final-revised
Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A.
for Bella Fayer vs. City of Clearwater and authorize the appropriate
officials to execute same.
11.2
Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A.
for Eve Julian vs. City of Clearwater and authorize the appropriate officials
to execute same.
11.3
Approve an agreement with Bush Graziano Rice and Hearing, P.A. in
Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Appeal
Number 25-14524-D, and Nathaniel Brooks v. City of Clearwater, FMCS
Case #250925-09977, and authorize the appropriate officials to execute
same. (consent)
11.4
Request authority to initiate foreclosure actions on behalf of the City to
recover amounts owed on municipal liens imposed against certain real
property. (consent)
11.5
Oppose the inclusion of new offshore oil and gas leasing off the coast of
Florida and adopt Resolution 26-05
11.6
Create the structure for possible bond issuance in the event the City
purchases the local electric distribution assets and pass Ordinance
9887-26 on first reading.
11.7
12. City Manager Verbal Reports
13. City Attorney Verbal Reports
14. New Business (requests by Councilmembers to add discussion items to the next
work session or, if agreed to by the majority of Council, at the upcoming council
meeting instead)
15. Council Comments
16. Closing Comments by Mayor
17. Adjourn
Page 5 City of Clearwater Printed on 2/13/2026
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#25-1245
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
February Service Awards
SUMMARY:
5 Years of Service:
Avery Fennell Police
10 Years of Service:
Michele Stewart Finance
Robert Waite Solid Waste
Kellen Scott Information Technology
Darius Moore Public Works
15 Years of Service:
Christopher Perrin Public Utilities
20 Years of Service:
David Storck General Support Services
25 Years of Service:
Julian Johnson Solid Waste
Antonis Magganas Public Utilities
Marvalyn Malcolm-Smith Economic Development & Housing
Timothy Coleman Public Works
30 Years of Service:
Kenneth Smith Public Works
Timothy Chaplinsky Parks & Recreation
35 Years of Service:
Gregory Klamo Public Works
STRATEGIC PRIORITY:
The city of Clearwater celebrates its employees and the Superior Public Service they provide to our
citizens. The city strives to attract and retain top-quality personnel through the maintenance of a
competitive compensation program. The service awards are a testament to the city and our high performing
government.
Page 1 City of Clearwater Printed on 2/13/2026
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#26-0195
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.2
SUBJECT/RECOMMENDATION:
Fire Oaths
SUMMARY:
Fire Deputy Chief - Scott Bavery
Assistant Fire Marshal - William Fisher
Page 1 City of Clearwater Printed on 2/13/2026
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#26-0193
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.3
SUBJECT/RECOMMENDATION:
Presentation of Clearwater Fire & Rescue Department’s 2025 Firefighter of the Year and Fire Medic of the
Year
SUMMARY:
Firefighter of the Year for 2025 is Fire Medic Jacob Williams
Fire Medic of the Year for 2025 is Fire Medic Nolan Sloan
APPROPRIATION CODE AND AMOUNT:
NA
USE OF RESERVE FUNDS:
NA
STRATEGIC PRIORITY:
Recognition of Clearwater Fire & Rescue’s top performance employees for 2025.
Page 1 City of Clearwater Printed on 2/13/2026
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#26-0120
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Declare as surplus for the purpose of sale to Rosemary Cooper, certain unaddressed real property located
at the southeast corner of Palm Bluff Street and North Myrtle Avenue; approve the agreement for transfer of
real property; and authorize appropriate officials to execute same together with all other instruments
required to affect closing. (APH)
SUMMARY:
The unaddressed city-owned property located at the southeast corner of Palm Bluff Street and North
Myrtle Avenue (subject property) is 0.02 acres in size. Staff believes this parcel to be an uneconomic
remainder of land and a confirmation of such status shall be made by the city council through the approval
of this agenda item.
The Pinellas County Property Appraiser defines this property under property use code 1000 (vacant
commercial land) and has assigned a “just market” value of $8,748.00 and an assessed value of $1,089.00
to the property.
The request for letters of interest was published on December 5, 2025. Respondents were given 30 days to
submit a letter of interest. One submission was received from the individual who owns the adjacent
property, a homesteaded single-family residence. The letter of interest included an offer of $500.00 for the
parcel. Staff recommends declaring the subject property as surplus and proceeding with its disposition and
sale, for the proposed sale price of $500.00.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the
incidence of homelessness within Clearwater.
Page 1 City of Clearwater Printed on 2/13/2026
1
THIS INSTRUMENT PREPARED BY:
Matthew J. Mytych, Esq.
City Attorney's Office
City of Clearwater
600 Cleveland St., STE 600
Clearwater, Florida 33755
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED is made and given this ______ day of ___________________,
2026, by the City of Clearwater, Florida, a Florida municipal corporation, whose mailing address is
P.O. Box 4748, Clearwater, FL 33758 (“Grantor”), to Rosemary Cooper, a single person, whose
mailing address is 703 Palm Bluff Street, Clearwater, FL 33755 (“Grantee”).
Grantor, for and in consideration of Ten Dollars and 00/100 Cents ($10.00), and other good
and valuable consideration paid by Grantee, the receipt of which is acknowledged, hereby conveys to
Grantee, its successors and assigns, quitclaims, remises, releases, and conveys forever, the following
described parcel of land located in Pinellas County, Florida, to wit:
See attached Exhibit “A”.
TO HAVE AND TO HOLD, the same in fee simple forever.
THIS DEED IS SUBJECT TO THE FOLLOWING: Applicable zoning restrictions and to
easements, reservations and all matters of record, if any, which are not specifically reimposed or
extended hereby, and to taxes for the current year and subsequent years, if any. Grantor has not
performed any title examination related to this transaction and provides no warranties of title.
Grantor expressly releases any automatic reservation and right of entry in accordance with Fla.
Stat. § 270.11. This instrument is executed pursuant to Fla. Stat. § 692.01 & 692.02.
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By: _________________________________
Bruce Rector
Mayor
Approved as to form: Attest:
____________________________________ ____________________________________
Matthew J. Mytych, Esq. Rosemarie Call
Senior Assistant City Attorney City Clerk
2
EXHIBIT “A”
LEGAL DESCRIPTION
The West 50 feet of Lot 13, unnumbered Block, PALM PARK ADDITION TO CLEARWATER,
as recorded in Plat Book 4, page 86 of the Public Records of Hillsborough County, Florida, of
which Pinellas County was formerly a part, the same being in Section 10, Township 29 South,
Range 15 East.
Parcel I.D. Number: 10-29-15-65718-000-0131
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#26-0127
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve a Developer Agreement with JEN Tampa 14, LLC; approve an updated Developer Agreement
template for future use; authorize the Gas System Executive Director to approve future Developer
Agreements in substantially similar form, subject to City Attorney review; and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
CGS Energy requests approval of an amended Developer Agreement with JEN Tampa 14, LLC, along with
approval of an updated Developer Agreement template for use in future residential developments.
The Developer Agreement is the primary contractual tool used by CGS Energy to secure natural gas
commitments within new residential subdivisions. It establishes developer requirements for gas adoption
while formalizing CGS Energy’s obligation to design, construct, and provide the necessary natural gas
infrastructure and utility services.
The proposed updated template makes some operational/procedural corrections and includes three
substantive changes:
1.Business Name Update: Update of the utility’s name from Clearwater Gas System to CGS Energy to
reflect the approved rebranding.
2.Legal Remedies Clarification: Revised Remedies and Limitations provision (Section 11) that limits both
parties on the recovery of incidental or punitive damages.
3.Updated insurance language and coverage amounts to align with Risk Department’s 2026
requirements.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 4232077-543211, Builder Reimbursements, and project 96386,
Expanded Energy Conservation, to fund this agreement. The operations of CGS Energy and all projects
which support it are funded by revenues from the Gas Utility Enterprise Fund.
USE OF RESERVE FUNDS:
STRATEGIC PRIORITY:
This item aligns with Objective 1.5 of the Strategic plan by embracing a culture of innovation that drives
continuous improvement and successfully serves all our customer as well as Objective 2.1 by
strengthening public-private initiatives that attract, develop, and retain diversified business sectors.
Page 1 City of Clearwater Printed on 2/13/2026
CITY OF CLEARWATER/CGS ENERGY
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
This Agreement is entered into this day of February, 2026 between the City of Clearwater,
Florida, a municipal corporation organized and existing under the laws of the State of Florida,
d/b/a CGS Energy, hereinafter called "CGS" and JEN Tampa 14, LLC a Florida Limited
Liability company, hereinafter called the "DEVELOPER".
RECITALS
A. DEVELOPER is developing land for sale and plans to include, among other
things, approximately one-hundred and thirty-nine (139) platted lots for single family homes (the
“Project”) to be known as Soleta at Starkey Ranch located in Pasco County, Florida, as more
particularly described in Exhibit “A” attached hereto and incorporated herein, and as will be
recorded in the Official Records of the Clerk of the Circuit Court, Pasco County, Florida.
B. DEVELOPER, for itself and on behalf of the future owners of residences in the
Project, desires to have natural gas service available within the Project.
C. CGS desires to install a natural gas distribution system within the Project, at its
expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER
has agreed to engage CGS to install such a system within the Project, pursuant to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, CGS and DEVELOPER hereby agree as follows.
1. Recitals. The foregoing Recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. Gas Distribution System.
2.1 Installation of Gas Distribution System. CGS agrees to design and
install a natural gas distribution system within the Project, including all necessary distribution
lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas
service up to the meter of each residence constructed during the term of this Agreement as a Gas
Compliant Residence in conformity with Section 3. The design of the System shall be subject to
DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof,
for purposes of integration of the System into the Project. CGS shall control design of the System
for gas operations purposes. The System does not include any facilities past the meter and CGS
has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and
CGS agree to reasonably cooperate with respect to the design and construction of the Project
infrastructure, including without limitation, the System. Such cooperation shall include, without
limitation, providing responses to requests for information required for development permits,
plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of
a request for any such information from the other party. The parties agree to use all commercially
reasonable efforts to cause the System to be designed and constructed in coordination with the
other Project infrastructure, so that (i) commencement of construction of the System can
commence in concert with the commencement of construction of the other Project infrastructure;
and (ii) each phase of System can be completed simultaneous with completion of the other
infrastructure located within the same phase of the Project.
2.2 Preparation for Installation and Easements. DEVELOPER
represents that it owns and has legal title to the real property on which the Project will be
constructed and has the authority to develop the Project and to enter into this Agreement.
DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and
subcontractors, adequate physical and legal access including recorded, assignable non-exclusive
easements and/or rights of way to all reasonably necessary areas of the Project in substantially
the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted
easements, all as reasonably necessary for the installation, operation, maintenance, repair and
replacement of the System. With respect to such easements, DEVELOPER shall secure the
consent and joinder of all necessary parties.
DEVELOPER reserves the right to relocate any easement made available hereunder if
necessary for the development of the Project, provided that construction of the portion of the
System subject to any such relocated easement has not yet been commenced, and suitable
easements and access for the System to all portions of the Project are maintained and provided.
In the event that DEVELOPER desires to modify any easement relating to any portion of the
System after installation, then DEVELOPER must obtain CGS’S advance written consent to any
easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall
reimburse CGS for design, materials, construction and other costs associated with any relocation
of the System and shall provide reasonably acceptable substitute easements.
2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with
respect to the construction of the System and to use commercially reasonable efforts to minimize
interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish
System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees
to establish and reasonably manage a Project construction schedule that provides CGS with
reasonably sufficient time and access to construct the System within the Project.
2.4 Ownership of Gas Distribution System. The components of the System
located on the supply side of each gas meter (and including each such meter) shall remain the
exclusive property of CGS at all times during and following the expiration or earlier termination
of this Agreement. CGS’S operation of the System is not governed by the terms of this
Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s
Code of Ordinances, City policy and the requirements of applicable regulations and law. In the
event the Project is not completed and/or the gas facilities and service are for any reason
abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer
required to serve the Project, CGS may at its election remove readily removable, non-essential
components of the System, purge and cap any components to be left in place, and restore any
disrupted surface areas of the Project.
3. Gas Appliance Requirements. In recognition of the substantial investment made
by CGS in constructing the System, DEVELOPER agrees that eighty percent (80%) of the
homes in the Project will be built with a gas water heater or gas home heating system, and a
secondary gas appliance (“Gas Compliant Residences”). In consideration of DEVELOPER
constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy
Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that
each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances
must be connected or have the necessary gas piping to connect to the appliance at the time the
Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to
utilize natural gas and natural gas appliances and equipment in common areas of the Project
such as community club houses, community fitness centers, community pools, street lamps,
community laundries and central water heating systems. Additionally, DEVELOPER agrees to
make a reasonable effort to require natural gas for any commercial portions of the Project where
economically feasible and as applicable.
4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy
Conservation Allowance payments for each home constructed in the Project that meets the
requirements of CGS Energy Conservation Allowance Program (the “Program”), as may be
amended from time to time by the Clearwater City Council. A summary of the allowance
payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event
the Clearwater City Council rules or otherwise determines that the energy conservation
allowance payments referenced above, or any portion thereof, may not be recovered by CGS
through the Energy Conservation Adjustment, or that the entitlements under the Program shall
be changed, then CGS’S obligation to thereafter make said allowance payments will be bound
by such City Council directive and, as such, said allowance payments shall be adjusted to
conform to such Council directive or terminate, as applicable, upon completion of construction
of any homes then under construction in the Project (which homes shall remain eligible for
allowance payments without such adjustment). During the term of this Agreement, CGS shall
have the right to inspect any residence for which a claim for an allowance has been made, at
reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER
shall be entitled to the Energy Conservation Allowance upon verification that the requirements
of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued
for that Residence.
5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and
expense, acquire and maintain during the term with the Developer, through self-insurance,
insurance, and/or excess insurance, sufficient insurance to adequately protect the respective
interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an
AM Best Rating of A-VII or better.
Specifically the City/CGS must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including products/completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage
liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile
is required in the minimum amount of $1,000,000 (one million dollars) combined single
limit.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer’s Liability
Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each
accident, $1,000,000 (one million dollars) each employee by disease and $1,000,000 (one
million dollars) aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for City/CGS:
Prior to the execution of this Agreement/Contract, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract
remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance
(SIGNED by the Risk Manager), Developer acknowleges that Developer will not be
named as an “Additional Insured” on any of City/CGS coverages.
JEN Tampa 14, LLC
1316 Swann Avenue,
Tampa Florida 33606
a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for
City/CGS’s negligence.
c. Developer agrees that nothing contained herein shall be construed as a waiver of any
sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under
the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision
is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses
the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third
parties.
d. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of
any and all claims that may arise related to this Agreement, work performed under this
Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the
Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of
City/CGS providing its defense as contemplated herein.
Developer’s failure to request evidence of this insurance shall not be construed by the
City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified.
6. Insurance Requirements for Developer: The Developer shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of
A-VII or better. In addition, the City has the right to review the Developer’s deductible or self-
insured retention and to require that it be reduced or eliminated
Specifically, the Developer must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury,
personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the minimum
amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars)
general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile for in state travel is required in the minimum amount of $1,000,000 (one
million dollars) combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's
Compensation (WC) & Employer's Liability Insurance coverage for all employees engaged
under the Agreement, Worker’s Compensation as required by Florida law and Employer’s Liability
with minimum limits of
(a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by disease
each employee, and $500,000 bodily injury by disease policy limit for quotes or agreements
valued at $50,000 and under or
(b) $1million bodily injury each employee and each accident, $1million bodily injury by disease
each employee, and $1million bodily injury by disease policy limit for formal solicitation and
agreements exceeding $50,000.
Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s
and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to
employees, contractors, subcontractors, and volunteers, if any.
WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third
party losses, Developer hereby grants the City a waiver of any right to subrogation which any
insurer of the Developer may acquire against the City by virtue of the payment of any loss under
such insurance for liability and workers compensation coverages. Developer agrees to obtain any
endorsement that may be necessary to affect such waiver, but this provision shall apply to such
policies regardless of whether the city has received a waiver of subrogation endorsement
from each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for Developer:
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect,
the Developer will furnish the City with a Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer, and with applicable endorsements)
evidencing all of the coverage set forth above and naming the City as an “Additional
Insured” with respect to general and auto liability coverages.
b. In addition, when requested in writing from the City, Developer will provide the City
with certified copies of all applicable policies. The address where such certificates and
certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: CGS Energy
P.O. Box 4748
Clearwater, FL 33758-4748
c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
d. Developer’s insurance as outlined above shall be primary and non-contributory coverage
for Developer’s negligence.
e. Developer reserves the right to appoint legal counsel to provide for the Developer’s
defense, for any and all claims that may arise related to Agreement, work performed
under this Agreement, or to Developer’s equipment, or service. Developer agrees that
the City shall not be liable to reimburse Developer for any legal fees or costs as a result
of Developer providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed
as a waiver of Developer’s obligation to provide the insurance coverage specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Developer agrees to defend, indemnify, and hold
the City, its officers, agents, and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments,
including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident
thereto, relating to, arising out of, or resulting from: (i) the services provided by
Developer personnel under this Agreement; (ii) any negligent acts, errors, mistakes or
omissions by Developer or Developer personnel; and (iii) Developer or Developer
personnel’s failure to comply with or fulfill the obligations established by this
Agreement.
b. Developer will update the City during the course of the litigation to timely notify the
City of any issues that may involve the independent negligence of the City that is not
covered by this indemnification.
c. The City assumes no liability for actions of Developer and will not indemnify or hold
Developer or any third party harmless for claims based on this Agreement or use of
Developer-provided supplies or services.
7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for
any failure to perform pursuant to the terms and conditions of this Agreement to the extent such
performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean
causes not within the control of the party whose performance is affected, including without
limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots,
epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts,
explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each
of the above cases, such party is unable to prevent or overcome by the exercise of due diligence
utilizing commercially reasonable efforts, procedures and processes. The party whose
performance is excused by an event of Force Majeure shall promptly notify the other party of
such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure,
if and to the extent reasonably possible, and thereafter resume such performance as soon as
possible.
8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by
either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage
prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal
Express), and shall, if not sooner received, be deemed received three (3) business days after
deposit in the United States Mail, or one business day after telecopy transmission or receipt by
any national delivery service. All notices shall be addressed to each party at the address listed
below unless and until such time as a party notifies the other in accordance with this Section of
a change in address:
“CGS”
Director
777 Maple St
Clearwater, FL 33755
“DEVELOPER”
JEN Tampa 14, LLC
1316 Swann Avenue,
Tampa Florida 33606
9. Duration. The term of this Agreement (the “Term”) shall commence upon the
Effective Date and continue until the issuance of certificates of occupancy for the residences
constructed upon all of the platted residential lots located within the Project. Notwithstanding
any expiration or other termination of this Agreement, CGS shall remain obligated to make
energy construction allowance payments, having properly accrued, to DEVELOPER as
provided in Section 4 hereof.
10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making
a substantial investment in installing the System as provided in this Agreement. In the event
DEVELOPER fails to construct at least eighty percent (80%) of the residences (residences) of
the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be
difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set
forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation
hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the
Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to
CGS liquidated damages in the amount of three-thousand five-hundred and thirty-two dollars
($3,532.00) for each residence below the minimum eighty percent (80%) requirement.
11. Remedies and Limitations. In the event of a breach of this Agreement, the non-
breaching party shall, except to the extent expressly limited by the terms of this Agreement, have
all rights and remedies available at law and at equity against the breaching party.
Notwithstanding the foregoing, neither party shall be entitled to recover against the other
consequential, incidental or punitive damages.
12. Assignment. This Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns. Any assignment of this Agreement by either
party shall require the prior written consent of the other party, which consent shall not be
unreasonably withheld.
13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules,
orders, permits, and regulations of any federal, state, or local governmental authority having
jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement
shall be interpreted and construed in accordance with the laws of the State of Florida. In the
event of litigation between the parties hereto arising out of or in connection with this Agreement,
each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire
understanding and agreement between the parties and supersedes any and all prior negotiations,
understandings or agreements. Except as provided above, this Agreement shall be binding upon,
and shall inure to the benefit of the parties hereto, and their respective successors and assigns.
This Agreement may be amended, modified or extended only by a written instrument signed by
both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right,
power or remedy by either party shall constitute a waiver of, or shall preclude any other or
further exercise of, the same or any other right, power or remedy. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid
under applicable law, but if any provision of this Agreement or the application thereof to any
party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall
be effective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement or the application of
the same. This Agreement may be executed in any number of counterparts, and all the
counterparts taken together shall be deemed to constitute one (1) and the same instrument. The
captions, headings, titles, and subtitles herein are inserted for convenience of reference only and
are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached
to this Agreement is incorporated by reference herein. Nothing contained herein shall be
construed as a joint venture, partnership or any other similar relationship between CGS and
DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or
interests in a person or group that is not a party to this Agreement.
[Signatures begin on following page]
IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement
(Natural Gas) to be signed by their respective duly authorized officers as of the date first
above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: _____________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
___________________________ _________________________________
David Margolis Rosemarie Call
City Attorney City Clerk
Agreed to and accepted by:
JEN Tampa 14, LLC, a Florida Limited Liability company
By:
Name Printed:
Title:
EXHIBIT A
THAT PORTION OF BLUEBERRY FARM PCL LYING IN SECS 19 & 30 DESC AS COM AT NW COR
OF SEC 29 TH ALG WLY BDY OF SEC 29 S00DEG 11'05"W 528.99 FT FOR POB TH S74DEG 00'00"E
436.20 FT TO EAST BDY OF WEST 420.00 FT OF NORTH 1/2 OF NW1/4 OF SEC 29 TH S00DEG
12'20"W 680.0 FT TO SE COR OF SAID WEST 420.00 FT OF NORTH 1/2 OF NW1/4 OF SEC 29 TH
N89DEG 08'07"W 419.47 FT TO SW COR THEREOF TH N89DEG 00'37"W 2618.75 FT TH N89DEG
00'59"W 797.24 FT TO ELY BDY OF 295 FT WIDE FLORIDA POWER CORP R/W TH N34DEG 08'40"E
1662.86 FT TH S55DEG 51'20"E 331.93 FT TH S89DEG 04' 06"E 1985.52 FT TH S28DEG 00' 00"E 478.69
FT TO PB OR 9013 PG 1308 LESS ALL PORTIONS DESC IN OR 11132 PG 1098 & LESS POR LYING
NW OF OR 11132 PG 1098 & LESS POR LYING N OF THE W HALF OF OR 11132 PG 1098 & LESS POR
DESC AS PARCEL 1 & PARCEL 2 IN OR 11229 PG 1463
Parcel #
30-26-17-0000-00200-0030
EXHIBIT B
Easement
Return to:
CGS Energy
777 Maple St
Clearwater, Fl. 33755
________________ COUNTY Parcel I. D. No.
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency
of which is hereby acknowledged, and the benefits to be derived
therefrom,
, whose post office address
is
(“Grantor”) does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-
exclusive, limited purpose easement over, under and across the following described land lying and being situate in the
County of Pasco, State of Florida, to wit:
As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference
made a part hereof (“Easement Premises”)
This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance
only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct
the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible
for obtaining all governmental and regulatory permits required to exercise the rights granted herein.
Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all
times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any
project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date
Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue
the completion of all work related to this project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee,
and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this
easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service
Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which
consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and
shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon
completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation
duly recorded in the public records of Pasco County, Florida.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both
parties, or by abandonment of the Easement Premises by Grantee.
GAS MAIN & UTILITIES EASEMENT
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _
day of , 20____.
Signed, sealed and
delivered In the presence
of:
By:
WITNESS signature
Print name
Print Witness Name
By:
WITNESS signature
Print Witness Name
STATE OF :
COUNTY OF :
: ss
Print name
Before me, the undersigned authority, personally appeared , who executed
the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes
herein set forth, and who [ ] are personally known to me, or who [ ] produced as
identification.
My commission expires:
Notary Public - State of Florida
Type/Print Name
EXHIBIT B1
[Here insert descriptions of platted road rights of way]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence
constructed within the Project and that has qualified for payment based on following installation
schedule (“Energy Conservation Allowance Payment”):
Gas Tankless Hot Water Heater $ 550.00
Gas Tank Water Heater $ 350.00
Gas Home Heating System $ 725.00
Piping to Gas Range $ 150.00
Piping to Gas Dryer $ 100.00
The total maximum energy conservation amount payable $1,525.00
DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance
Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable
qualified residence. DEVELOPER shall submit such written requests in the form and manner
reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that
is submitted after 90 days following the issuance of a certificate of occupancy for a particular
residence may not be honored.
CLEARWATER GAS SYSTEM/CITY OF CLEARWATER /CGS ENERGY
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
This Agreement is entered into this day of , 20 ,____, between
the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of
the State of Florida, d/b/a Clearwater Gas System, CGS Energy, hereinafter called the
"CGS" and ,_______________, a ___________
company, hereinafter called the "DEVELOPER".
corporation, hereinafter called the "DEVELOPER".
RECITALS
A. DEVELOPER is developing land for sale and plans to include, among other
things, approximately ( )______________ (___) platted lots for single family
homes (the “Project”) to be known as ,______________ located in Section 8,
Township 27S, Range 16, Pinellas________ County, Florida, as more particularly described in
Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the Official
Records of the Clerk of the Circuit Court, Pinellas _____ County, Florida.
B. DEVELOPER, for itself and on behalf of the future owners of residences in the
Project, desires to have natural gas service available within the Project.
C. CGS desires to install a natural gas distribution system within the Project, at its
expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER
has agreed to engage CGS to install such a system within the Project, pursuant to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, CGS and DEVELOPER hereby agree as follows.
1. Recitals. The foregoing Recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. Gas Distribution System.
2.1 Installation of Gas Distribution System. CGS agrees to design and
install a natural gas distribution system within the Project, including all necessary distribution
lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas
service up to the meter of each residence constructed during the term of this Agreement as a Gas
Compliant Residence in conformity with Section 3. The design of the System shall be subject to
DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof,
for purposes of integration of the System into the Project. CGS shall control design of the System
for gas operations purposes. The System does not include any facilities past the meter and CGS
has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and
CGS agree to reasonably cooperate with respect to the design and construction of the Project
infrastructure, including without limitation, the System. Such cooperation shall include, without
limitation, providing responses to requests for information required for development permits, plat
approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a
request for any such information from the other party. The parties agree to use all commercially
reasonable efforts to cause the System to be designed and constructed in coordination with the
other Project infrastructure, so that (i) commencement of construction of the System can
commence in concert with the commencement of construction of the other Project infrastructure;
and (ii) each phase of System can be completed simultaneous with completion of the other
infrastructure located within the same phase of the Project.
2.2 Preparation for Installation and Easements. DEVELOPER represents
that it owns and has legal title to the real property on which the Project will be constructed and has
the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide
or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical
and legal access including recorded, assignable non-exclusive easements and/or rights of way to
all reasonably necessary areas of the Project in substantially the form attached hereto and
incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably
necessary for the installation, operation, maintenance, repair and replacement of the System. With
respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary
parties.
DEVELOPER reserves the right to relocate any easement made available hereunder if
necessary for the development of the Project, provided that construction of the portion of the
System subject to any such relocated easement has not yet been commenced, and suitable
easements and access for the System to all portions of the Project are maintained and provided. In
the event that DEVELOPER desires to modify any easement relating to any portion of the System
after installation, then DEVELOPER must obtain CGS’S advance written consent to any easement
modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse
CGS for design, materials, construction and other costs associated with any relocation of the
System and shall provide reasonably acceptable substitute easements.
2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with
respect to the construction of the System and to use commercially reasonable efforts to minimize
interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish
System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to
establish and reasonably manage a Project construction schedule that provides CGS with
reasonably sufficient time and access to construct the System within the Project.
2.4 Ownership of Gas Distribution System. The components of the System
located on the supply side of each gas meter (and including each such meter) shall remain the
exclusive property of CGS at all times during and following the expiration or earlier termination
of this Agreement. CGS’S operation of the System is not governed by the terms of this Agreement;
rather, CGS shall operate the System in accordance with the City of Clearwater’s Code of
Ordinances, City policy and the requirements of applicable regulations and law. In the event the
Project is not completed and/or the gas facilities and service are for any reason abandoned by
DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve
the Project, CGS may at its election remove readily removable, non-essential components of the
System, purge and cap any components to be left in place, and restore any disrupted surface areas
of the Project.
components of the System, purge and cap any components to be left in place, and restore any
disrupted surface areas of the Project.
3. Gas Appliance Requirements. In recognition of the substantial investment made by
CGS in constructing the System, DEVELOPER agrees that _____ percent (
%)(__%) of the homes in the Project will be built with an energy efficient gas furnace, an energy
efficienta gas water heater or gas home heating system, and a secondary gas piping to the gas range
and gas dryer locationsappliance (“Gas Compliant Residences”)”). In consideration of
DEVELOPER constructing the Gas Compliant Residences, DEVELOPER will be entitled to an
Energy Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees
that each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances
must be connected or have the necessary gas piping to connect to the appliance at the time the
Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to
utilize natural gas and natural gas appliances and equipment in common areas of the Project such
as community club houses, community fitness centers, community pools, street lamps, community
laundries and central water heating systems. Additionally, DEVELOPER agrees to make a
reasonable effort to require natural gas for any commercial portions of the Project where
economically feasible and as applicable.
For purposes of this Agreement, a “Gas Compliant Residence” shall be defined as those homes
constructed with an energy efficient, natural gas water heater and the necessary piping to permit
the installation of an energy efficient, pilotless, natural gas range and natural gas clothes dryer.
4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy
Conservation Allowance payments for each home constructed in the Project that meets the
requirements of CGS’SCGS Energy Conservation Allowance Program (the “Program”), as may
be amended from time to time by the Clearwater City Council. A summary of the allowance
payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event the
Clearwater City Council rules or otherwise determines that the energy conservation allowance
payments referenced above, or any portion thereof, may not be recovered by CGS through the
Energy Conservation Adjustment, or that the entitlements under the Program shall be changed,
then CGS’S obligation to thereafter make said allowance payments will be bound by such City
Council directive and, as such, said allowance payments shall be adjusted to conform to such
Council directive or terminate, as applicable, upon completion of construction of any homes then
under construction in the Project (which homes shall remain eligible for allowance payments
without such adjustment). During the term of this Agreement, CGS shall have the right to inspect
any residence for which a claim for an allowance has been made, at reasonable times and upon
notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to the
Energy Conservation Allowance upon verification that the requirements of each Gas Compliant
Residence have been met and a Certificate of Occupancy has been issued for that Residence.
5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and
expense, acquire and maintain during the term with the Developer, through self-insurance,
insurance, and/or excess insurance, sufficient insurance to adequately protect the respective
interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an AM
Best Rating of A-VII or better.
Specifically the City/CGS must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including products/completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage liability
and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is
required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage
in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in
the minimum amount of $1001,000,000 (one hundred thousandmillion dollars) each employee
each accident, $1001,000,000 (one hundred thousandmillion dollars) each employee by disease
and $5001,000 (five hundred thousand,000 (one million dollars) aggregate by disease with
benefits afforded under the laws of the State of Florida. Coverage should include Voluntary
Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where
applicable. Coverage must be applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for City/CGS:
a. Prior to the execution of this Agreement/Contract, and then annually upon the
anniversary date(s) of the insurance policy’s renewal date(s) for as long as this
Agreement/Contract remains in effect, the City/CGS will furnish the Developer with a Letter
of Self-Insurance (SIGNED by the Risk Manager), and/or Certificate of Insurance(s) (using
appropriate ACORD certificate, SIGNED by the Issuer) evidencing all of the coverage set forth.
Developer understandsacknowleges that Developer will not be named as an “Additional
Insured” on any of City/CGS coverages. When requested in writing from the Developer,
City/CGS will provide the Developer with certified copies of all applicable policies. The address
where such certificates and certified policies shall be sent or delivered is as follows:
_________________
_________________
_________________
b.a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c.b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for
City/CGS’s negligence.
d.c. Developer agrees that nothing contained herein shall be construed as a waiver of any sovereign
immunity from, or limitation of, liability the City/CGS may be entitled to under the doctrine of
sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is not intended
to nor shall it be interpreted as limiting or in any way affecting any defenses the City/CGS may
have under §768.28, Florida Statutes or as consent to be sued by third parties.
e. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of any
and all claims that may arise related to this Agreement, work performed under this Agreement,
or to city/CGS’s design, equipment, or service. City/CGS agrees that the
d. Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of
City/CGS providing its defense as contemplated herein.
Developer’s failure to request evidence of this insurance shall not be construed by the
City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified.
6. Insurance Requirements for Developer: The Developer shall, at its own cost and expense,
acquire and maintain (and cause any sub-developers, contractors, subcontractors, sub-
subcontractors, materialmen, representatives, or agents, to acquire and maintain) during the term
with the City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In
addition, the City has the right to review the Developer’s deductible or self-insured retention and
to require that it be reduced or eliminated.
Specifically, the Developer must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, bodily
injury, personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the
minimum amount of $1,000,000 (one million dollars) per occurrence and
a. $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage liability and
bodily injury liability, for any owned, non-owned, hired or borrowed automobile for in state travel is
required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers’ and proof of waiver is provided to the
City, Worker's Compensation (WC) & Employer's Liability Insurance coverage in accordance
with the laws of the State of for all employees engaged under the Agreement, Worker’s Compensation
as required by Florida, law and Employer’s Liability Insurance in the with minimum amountlimits of
$100
(a) $500,000 (one hundred thousand dollars)bodily injury each employee and each accident,
$100500,000 (one hundred thousand dollars) bodily injury by disease each employee by disease,
and $500,000 (five hundred thousand dollars) aggregatebodily injury by disease with benefits
afforded under the laws of the State of Florida. policy limit for quotes or agreements valued at
$50,000 and under or
(b) $1million bodily injury each employee and each accident, $1million bodily injury by disease each
employee, and $1million bodily injury by disease policy limit for formal solicitation and
agreements exceeding $50,000.
c. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third
party losses, Developer hereby grants the City a waiver of any right to subrogation which any
insurer of the Developer may acquire against the City by virtue of the payment of any loss under
such insurance for liability and workers compensation coverages. Developer agrees to obtain any
endorsement that may be necessary to affect such waiver, but this provision shall apply to such
policies regardless of whether the city has received a waiver of subrogation endorsement from
each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for Developer:
a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract
remains in effect, the Developer will furnish the City with a Certificate of Insurance(s)
(using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable
endorsements) evidencing all of the coverage set forth above and naming the City as an
“Additional Insured” on the Commercial Liability Insurance policy. In addition when requested
in writing from the City, Developer will provide the City with certified copies of all applicable
policies. The address where such certificates and certified policies shall be sent or delivered is as
follows:with respect to general and auto liability coverages.
b. In addition, when requested in writing from the City, Developer will provide the City with
certified copies of all applicable policies. The address where such certificates and certified
policies shall be sent or delivered is as follows:
City of Clearwater Clearwater Gas System
Attn: CGS Energy
P.O. Box 4748
Clearwater, FL 33758-4748
b.c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c.d. Developer’s insurance as outlined above shall be primary and non-contributory coverage
for Developer’s negligence.
d.e. Developer reserves the right to appoint legal counsel to prvideprovide for the
Developer’s defense, for any and all claims that may arise related to this
Agreement/Contract or, work performed under this Agreement/Contract, or to
Developer’s design, equipment, or service. Developer agrees that the City/CGS
shall not be liable to reimburse Developer for any legal fees or costs as a result of
Developer providing its defense as contemplated herein.
e. Developer shall defend, indemnify, save and hold the City/CGS, its employees, officers, or
directors harmless from any and all claims, suits, judgments and liability for death, personal
injury, bodily injury, or property damage, arising directly or indirectly, including legal fees,
court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross
negligence, or willful, wanton or intentional misconduct of the City/CGS or its employees,
officers, or directors or for statutory violation or punitive damages, except and to the extent the
statutory violation or punitive damages are caused by, or result from, the acts or omissions of
the Developer or any of the Developer’s employees, sub-developers, contractors,
subcontractors, sub-subcontractors, materialmen, representatives, or agents.
The stipulated limits of coverage above shall not be construed by Developer, or any of the
Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors,
materialmen, representatives, or agents as a limitation of any potential liability to the
City/CGS, and failure to request evidence of this insurance shall not be construed as a
waiver of Developer’s or any sub-developers’, contractors’, subcontractors’, sub-
subcontractors’, materialmen’s, representatives’, or agents’ obligation to provide the
insurance coverage specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Developer agrees to defend, indemnify, and hold
the City, its officers, agents, and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments,
including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident
thereto, relating to, arising out of, or resulting from: (i) the services provided by Developer
personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by
Developer or Developer personnel; and (iii) Developer or Developer personnel’s failure
to comply with or fulfill the obligations established by this Agreement.
b. Developer will update the City during the course of the litigation to timely notify the City
of any issues that may involve the independent negligence of the City that is not covered
by this indemnification.
c. The City assumes no liability for actions of Developer and will not indemnify or hold
Developer or any third party harmless for claims based on this Agreement or use of
Developer-provided supplies or services.
7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any
failure to perform pursuant to the terms and conditions of this Agreement to the extent such
performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean
causes not within the control of the party whose performance is affected, including without
limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots,
epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions,
breakage or non-foreseeable accidents to machinery or pipe lines, and which in each of the above
cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing
commercially reasonable efforts, procedures and processes. The party whose performance is
excused by an event of Force Majeure shall promptly notify the other party of such occurrence and
its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent
reasonably possible, and thereafter resume such performance as soon as possible.
8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either
electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid,
return requested, or by receipted overnight national delivery service (e.g., Federal Express), and
shall, if not sooner received, be deemed received three (3) business days after
8. deposit in the United States Mail, or one business day after telecopy transmission
or receipt by any national delivery service. All notices shall be addressed to each party at the
address listed below unless and until such time as a party notifies the other in accordance with this
Section of a change in address:
“CGS”
Clearwater Gas System
Managing Director 400 N.
Myrtle Ave
777 Maple St
Clearwater, FL 33755
“DEVELOPER”
______
_____________
___________________
___________________
9. Duration. The term of this Agreement (the “Term”) shall commence upon the
Effective Date and continue until the issuance of certificates of occupancy for the residences
constructed upon all of the platted residential lots located within the Project. Notwithstanding any
expiration or other termination of this Agreement, CGS shall remain obligated to make energy
construction allowance payments, having properly accrued, to DEVELOPER as provided in
Section 4 hereof.
10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a
substantial investment in installing the System as provided in this Agreement. In the event
DEVELOPER fails to construct at least _____ percent ( %)(__%) of the residences
( residences) of the Project as Gas Compliant Residences, CGS will suffer substantial damages that
will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as
set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation
hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the Gas
Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to CGS
liquidated damages in the amount of Dollars ($
._____________________ ($______.00) for each residence below the minimum
_____ percent ( %)(__%) requirement.
11. Remedies and Limitations. In the event of a breach of this Agreement, the non-
breaching party shall, except to the extent expressly limited by the terms of this Agreement, have
all rights and remedies available at law and at equity against the breaching party. Notwithstanding
the foregoing, neither party shall be entitled to recover against the other consequential, incidental
or punitive damages.
12. Assignment. This Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns. Any assignment of this Agreement by either
party shall require the prior written consent of the other party, which consent shall not be
unreasonably withheld.
13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders,
permits, and regulations of any federal, state, or local governmental authority having jurisdiction
over the parties, their facilities, or the transactions contemplated. This Agreement shall be
interpreted and construed in accordance with the laws of the State of Florida. In the event of
litigation between the parties hereto arising out of or in connection with this Agreement, each party
shall bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding
and agreement between the parties and supersedes any and all prior negotiations,
13. understandings or agreements. Except as provided above, this Agreement shall be
binding upon, and shall inure to the benefit of the parties hereto, and their respective successors
and assigns. This Agreement may be amended, modified or extended only by a written instrument
signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of
any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other
or further exercise of, the same or any other right, power or remedy. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid under
applicable law, but if any provision of this Agreement or the application thereof to any party hereto
or circumstance is prohibited by or invalid under applicable law, that provision shall be effective
only to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement or the application of the same. This
Agreement may be executed in any number of counterparts, and all the counterparts taken together
shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and
subtitles herein are inserted for convenience of reference only and are to be ignored in any
construction of the provisions of this Agreement. Any exhibit attached to this Agreement is
incorporated by reference herein. Nothing contained herein shall be construed as a joint venture,
partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this
Agreement shall be construed as creating any rights, benefits or interests in a person or group that
is not a party to this Agreement.
[Signatures begin on following page]
IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement
(Natural Gas) to be signed by their respective duly authorized officers as of the date first
above written.
Approved and accepted by:
CITY OF CLEARWATER, FLORIDA
By: _
Charles S. Warrington, Jr.
By:
Brian Langille
Gas System ManagingExecutive Director
Agreed to and accepted by:
a corporation
___________________________, a,________
___________________company
By:
Name Printed:
Title: ________________________________
EXHIBIT A
Legal Description of Project
EXHIBIT B
Easement
Return to:
Chuck Lane
Engineering Department
City of Clearwater
P. O. Box 4748 CGS
Energy
777 Maple St
Clearwater, Fl. 33758-
474833755
PASCO________________ COUNTY Parcel I. D. No.
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of
which is hereby acknowledged, and the benefits to be derived therefrom,
, whose post office address is
(“Grantor”) does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-exclusive,
limited purpose easement over, under and across the following described land lying and being situate in the County of
Pasco, State of Florida, to wit:
As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made
a part hereof (“Easement Premises”)
This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance only.
Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the Service
Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for obtaining
all governmental and regulatory permits required to exercise the rights granted herein.
Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all
times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project
undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first
exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion
of all work related to this project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and
that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this
easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities
constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered
hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not
be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and shall at Grantor’s sole
cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities
relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pasco County, Florida.
GAS MAIN & UTILITIES EASEMENT
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both
parties, or by abandonment of the Easement Premises by Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _
day of , 2014.20____.
Signed, sealed and
delivered In the presence
of:
By:
WITNESS signature
Print name
Print Witness Name
By:
WITNESS signature
Print Witness Name
STATE OF :
COUNTY OF :
: ss
Print name
Before me, the undersigned authority, personally appeared , who executed
the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes
herein set forth, and who [ ] are personally known to me, or who [ ] produced as
identification.
My commission expires:
Notary Public - State of Florida
Type/Print Name
EXHIBIT B1
[Here insert descriptions of platted road rights of way]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence
constructed within the Project and that has qualified for payment based on following installation
schedule (“Energy Conservation Allowance Payment”):
Energy Efficient Gas Tankless Hot Water Heater $ .___.00
Energy Efficient Gas Tank Water Heater $ .___.00
Gas Home Heating System $ ___.00
Piping to Energy Efficient Pilotless Gas Range $ .___.00
Piping to Energy Efficient Gas Dryer $ .___.00
The total maximum energy conservation amount payable on each Home that conforms to the schedule
above $ . $___.00
DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance
Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable
qualified residence. DEVELOPER shall submit such written requests in the form and manner
reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that
is submitted after 90 days following the issuance of a certificate of occupancy for a particular
residence may not be honored.
CITY OF CLEARWATER/CGS ENERGY
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
This Agreement is entered into this day of , 20____, between the City of
Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of
Florida, d/b/a CGS Energy, hereinafter called "CGS" and _______________, a ___________
company, hereinafter called the "DEVELOPER".
RECITALS
A. DEVELOPER is developing land for sale and plans to include, among other
things, approximately ______________ (___) platted lots for single family homes (the “Project”)
to be known as ______________ located in ________ County, Florida, as more particularly
described in Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the
Official Records of the Clerk of the Circuit Court, _____ County, Florida.
B. DEVELOPER, for itself and on behalf of the future owners of residences in the
Project, desires to have natural gas service available within the Project.
C. CGS desires to install a natural gas distribution system within the Project, at its
expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER
has agreed to engage CGS to install such a system within the Project, pursuant to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, CGS and DEVELOPER hereby agree as follows.
1. Recitals. The foregoing Recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. Gas Distribution System.
2.1 Installation of Gas Distribution System. CGS agrees to design and
install a natural gas distribution system within the Project, including all necessary distribution
lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas
service up to the meter of each residence constructed during the term of this Agreement as a Gas
Compliant Residence in conformity with Section 3. The design of the System shall be subject to
DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof,
for purposes of integration of the System into the Project. CGS shall control design of the System
for gas operations purposes. The System does not include any facilities past the meter and CGS
has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and
CGS agree to reasonably cooperate with respect to the design and construction of the Project
infrastructure, including without limitation, the System. Such cooperation shall include, without
limitation, providing responses to requests for information required for development permits,
plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of
a request for any such information from the other party. The parties agree to use all commercially
reasonable efforts to cause the System to be designed and constructed in coordination with the
other Project infrastructure, so that (i) commencement of construction of the System can
commence in concert with the commencement of construction of the other Project infrastructure;
and (ii) each phase of System can be completed simultaneous with completion of the other
infrastructure located within the same phase of the Project.
2.2 Preparation for Installation and Easements. DEVELOPER
represents that it owns and has legal title to the real property on which the Project will be
constructed and has the authority to develop the Project and to enter into this Agreement.
DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and
subcontractors, adequate physical and legal access including recorded, assignable non-exclusive
easements and/or rights of way to all reasonably necessary areas of the Project in substantially
the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted
easements, all as reasonably necessary for the installation, operation, maintenance, repair and
replacement of the System. With respect to such easements, DEVELOPER shall secure the
consent and joinder of all necessary parties.
DEVELOPER reserves the right to relocate any easement made available hereunder if
necessary for the development of the Project, provided that construction of the portion of the
System subject to any such relocated easement has not yet been commenced, and suitable
easements and access for the System to all portions of the Project are maintained and provided.
In the event that DEVELOPER desires to modify any easement relating to any portion of the
System after installation, then DEVELOPER must obtain CGS’S advance written consent to any
easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall
reimburse CGS for design, materials, construction and other costs associated with any relocation
of the System and shall provide reasonably acceptable substitute easements.
2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with
respect to the construction of the System and to use commercially reasonable efforts to minimize
interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish
System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees
to establish and reasonably manage a Project construction schedule that provides CGS with
reasonably sufficient time and access to construct the System within the Project.
2.4 Ownership of Gas Distribution System. The components of the System
located on the supply side of each gas meter (and including each such meter) shall remain the
exclusive property of CGS at all times during and following the expiration or earlier termination
of this Agreement. CGS’S operation of the System is not governed by the terms of this
Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s
Code of Ordinances, City policy and the requirements of applicable regulations and law. In the
event the Project is not completed and/or the gas facilities and service are for any reason
abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer
required to serve the Project, CGS may at its election remove readily removable, non-essential
components of the System, purge and cap any components to be left in place, and restore any
disrupted surface areas of the Project.
3. Gas Appliance Requirements. In recognition of the substantial investment made
by CGS in constructing the System, DEVELOPER agrees that _____ percent (__%) of the
homes in the Project will be built with a gas water heater or gas home heating system, and a
secondary gas appliance (“Gas Compliant Residences”). In consideration of DEVELOPER
constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy
Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that
each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances
must be connected or have the necessary gas piping to connect to the appliance at the time the
Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to
utilize natural gas and natural gas appliances and equipment in common areas of the Project
such as community club houses, community fitness centers, community pools, street lamps,
community laundries and central water heating systems. Additionally, DEVELOPER agrees to
make a reasonable effort to require natural gas for any commercial portions of the Project where
economically feasible and as applicable.
4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy
Conservation Allowance payments for each home constructed in the Project that meets the
requirements of CGS Energy Conservation Allowance Program (the “Program”), as may be
amended from time to time by the Clearwater City Council. A summary of the allowance
payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event
the Clearwater City Council rules or otherwise determines that the energy conservation
allowance payments referenced above, or any portion thereof, may not be recovered by CGS
through the Energy Conservation Adjustment, or that the entitlements under the Program shall
be changed, then CGS’S obligation to thereafter make said allowance payments will be bound
by such City Council directive and, as such, said allowance payments shall be adjusted to
conform to such Council directive or terminate, as applicable, upon completion of construction
of any homes then under construction in the Project (which homes shall remain eligible for
allowance payments without such adjustment). During the term of this Agreement, CGS shall
have the right to inspect any residence for which a claim for an allowance has been made, at
reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER
shall be entitled to the Energy Conservation Allowance upon verification that the requirements
of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued
for that Residence.
5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and
expense, acquire and maintain during the term with the Developer, through self-insurance,
insurance, and/or excess insurance, sufficient insurance to adequately protect the respective
interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an
AM Best Rating of A-VII or better.
Specifically the City/CGS must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including products/completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage
liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile
is required in the minimum amount of $1,000,000 (one million dollars) combined single
limit.
c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer’s Liability
Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each
accident, $1,000,000 (one million dollars) each employee by disease and $1,000,000 (one
million dollars) aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for City/CGS:
Prior to the execution of this Agreement/Contract, and then annually upon the anniversary
date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract
remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance
(SIGNED by the Risk Manager), Developer acknowleges that Developer will not be
named as an “Additional Insured” on any of City/CGS coverages.
_________________
_________________
_________________
a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for
City/CGS’s negligence.
c. Developer agrees that nothing contained herein shall be construed as a waiver of any
sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under
the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision
is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses
the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third
parties.
d. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of
any and all claims that may arise related to this Agreement, work performed under this
Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the
Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of
City/CGS providing its defense as contemplated herein.
Developer’s failure to request evidence of this insurance shall not be construed by the
City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified.
6. Insurance Requirements for Developer: The Developer shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of
A-VII or better. In addition, the City has the right to review the Developer’s deductible or self-
insured retention and to require that it be reduced or eliminated
Specifically, the Developer must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury,
personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the minimum
amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars)
general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile for in state travel is required in the minimum amount of $1,000,000 (one
million dollars) combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's
Compensation (WC) & Employer's Liability Insurance coverage for all employees engaged
under the Agreement, Worker’s Compensation as required by Florida law and Employer’s Liability
with minimum limits of
(a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by disease
each employee, and $500,000 bodily injury by disease policy limit for quotes or agreements
valued at $50,000 and under or
(b) $1million bodily injury each employee and each accident, $1million bodily injury by disease
each employee, and $1million bodily injury by disease policy limit for formal solicitation and
agreements exceeding $50,000.
Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s
and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to
employees, contractors, subcontractors, and volunteers, if any.
WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third
party losses, Developer hereby grants the City a waiver of any right to subrogation which any
insurer of the Developer may acquire against the City by virtue of the payment of any loss under
such insurance for liability and workers compensation coverages. Developer agrees to obtain any
endorsement that may be necessary to affect such waiver, but this provision shall apply to such
policies regardless of whether the city has received a waiver of subrogation endorsement
from each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for Developer:
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect,
the Developer will furnish the City with a Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer, and with applicable endorsements)
evidencing all of the coverage set forth above and naming the City as an “Additional
Insured” with respect to general and auto liability coverages.
b. In addition, when requested in writing from the City, Developer will provide the City
with certified copies of all applicable policies. The address where such certificates and
certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: CGS Energy
P.O. Box 4748
Clearwater, FL 33758-4748
c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
d. Developer’s insurance as outlined above shall be primary and non-contributory coverage
for Developer’s negligence.
e. Developer reserves the right to appoint legal counsel to provide for the Developer’s
defense, for any and all claims that may arise related to Agreement, work performed
under this Agreement, or to Developer’s equipment, or service. Developer agrees that
the City shall not be liable to reimburse Developer for any legal fees or costs as a result
of Developer providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed
as a waiver of Developer’s obligation to provide the insurance coverage specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Developer agrees to defend, indemnify, and hold
the City, its officers, agents, and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments,
including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident
thereto, relating to, arising out of, or resulting from: (i) the services provided by
Developer personnel under this Agreement; (ii) any negligent acts, errors, mistakes or
omissions by Developer or Developer personnel; and (iii) Developer or Developer
personnel’s failure to comply with or fulfill the obligations established by this
Agreement.
b. Developer will update the City during the course of the litigation to timely notify the
City of any issues that may involve the independent negligence of the City that is not
covered by this indemnification.
c. The City assumes no liability for actions of Developer and will not indemnify or hold
Developer or any third party harmless for claims based on this Agreement or use of
Developer-provided supplies or services.
7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for
any failure to perform pursuant to the terms and conditions of this Agreement to the extent such
performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean
causes not within the control of the party whose performance is affected, including without
limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots,
epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts,
explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each
of the above cases, such party is unable to prevent or overcome by the exercise of due diligence
utilizing commercially reasonable efforts, procedures and processes. The party whose
performance is excused by an event of Force Majeure shall promptly notify the other party of
such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure,
if and to the extent reasonably possible, and thereafter resume such performance as soon as
possible.
8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by
either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage
prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal
Express), and shall, if not sooner received, be deemed received three (3) business days after
deposit in the United States Mail, or one business day after telecopy transmission or receipt by
any national delivery service. All notices shall be addressed to each party at the address listed
below unless and until such time as a party notifies the other in accordance with this Section of
a change in address:
“CGS”
Director
777 Maple St
Clearwater, FL 33755
“DEVELOPER”
___________________
___________________
___________________
9. Duration. The term of this Agreement (the “Term”) shall commence upon the
Effective Date and continue until the issuance of certificates of occupancy for the residences
constructed upon all of the platted residential lots located within the Project. Notwithstanding
any expiration or other termination of this Agreement, CGS shall remain obligated to make
energy construction allowance payments, having properly accrued, to DEVELOPER as
provided in Section 4 hereof.
10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making
a substantial investment in installing the System as provided in this Agreement. In the event
DEVELOPER fails to construct at least _____ percent (__%) of the residences (residences) of
the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be
difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set
forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation
hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the
Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to
CGS liquidated damages in the amount of _____________________ ($______.00) for each
residence below the minimum _____ percent (__%) requirement.
11. Remedies and Limitations. In the event of a breach of this Agreement, the non-
breaching party shall, except to the extent expressly limited by the terms of this Agreement, have
all rights and remedies available at law and at equity against the breaching party.
Notwithstanding the foregoing, neither party shall be entitled to recover against the other
consequential, incidental or punitive damages.
12. Assignment. This Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns. Any assignment of this Agreement by either
party shall require the prior written consent of the other party, which consent shall not be
unreasonably withheld.
13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules,
orders, permits, and regulations of any federal, state, or local governmental authority having
jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement
shall be interpreted and construed in accordance with the laws of the State of Florida. In the
event of litigation between the parties hereto arising out of or in connection with this Agreement,
each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire
understanding and agreement between the parties and supersedes any and all prior negotiations,
understandings or agreements. Except as provided above, this Agreement shall be binding upon,
and shall inure to the benefit of the parties hereto, and their respective successors and assigns.
This Agreement may be amended, modified or extended only by a written instrument signed by
both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right,
power or remedy by either party shall constitute a waiver of, or shall preclude any other or
further exercise of, the same or any other right, power or remedy. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid
under applicable law, but if any provision of this Agreement or the application thereof to any
party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall
be effective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement or the application of
the same. This Agreement may be executed in any number of counterparts, and all the
counterparts taken together shall be deemed to constitute one (1) and the same instrument. The
captions, headings, titles, and subtitles herein are inserted for convenience of reference only and
are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached
to this Agreement is incorporated by reference herein. Nothing contained herein shall be
construed as a joint venture, partnership or any other similar relationship between CGS and
DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or
interests in a person or group that is not a party to this Agreement.
[Signatures begin on following page]
IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement
(Natural Gas) to be signed by their respective duly authorized officers as of the date first
above written.
Approved and accepted by:
CITY OF CLEARWATER, FLORIDA
By:
Brian Langille
Gas System Executive Director
Agreed to and accepted by:
___________________________, a,________
___________________company
By:
Name Printed:
Title: ________________________________
EXHIBIT A
Legal Description of Project
EXHIBIT B
Easement
Return to:
CGS Energy
777 Maple St
Clearwater, Fl. 33755
________________ COUNTY Parcel I. D. No.
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency
of which is hereby acknowledged, and the benefits to be derived
therefrom,
, whose post office address
is
(“Grantor”) does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-
exclusive, limited purpose easement over, under and across the following described land lying and being situate in the
County of Pasco, State of Florida, to wit:
As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference
made a part hereof (“Easement Premises”)
This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance
only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct
the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible
for obtaining all governmental and regulatory permits required to exercise the rights granted herein.
Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all
times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any
project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date
Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue
the completion of all work related to this project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee,
and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this
easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service
Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property
encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which
consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and
shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon
completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation
duly recorded in the public records of Pasco County, Florida.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both
parties, or by abandonment of the Easement Premises by Grantee.
GAS MAIN & UTILITIES EASEMENT
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _
day of , 20____.
Signed, sealed and
delivered In the presence
of:
By:
WITNESS signature
Print name
Print Witness Name
By:
WITNESS signature
Print Witness Name
STATE OF :
COUNTY OF :
: ss
Print name
Before me, the undersigned authority, personally appeared , who executed
the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes
herein set forth, and who [ ] are personally known to me, or who [ ] produced as
identification.
My commission expires:
Notary Public - State of Florida
Type/Print Name
EXHIBIT B1
[Here insert descriptions of platted road rights of way]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence
constructed within the Project and that has qualified for payment based on following installation
schedule (“Energy Conservation Allowance Payment”):
Gas Tankless Hot Water Heater $ ___.00
Gas Tank Water Heater $ ___.00
Gas Home Heating System $ ___.00
Piping to Gas Range $ ___.00
Piping to Gas Dryer $ ___.00
The total maximum energy conservation amount payable $___.00
DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance
Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable
qualified residence. DEVELOPER shall submit such written requests in the form and manner
reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that
is submitted after 90 days following the issuance of a certificate of occupancy for a particular
residence may not be honored.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#26-0055
Agenda Date: 2/17/2026 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of
playground equipment at Montclair Park located at 1821 Montclair Road in the total amount of $192,509.44
pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The existing playground has served the local community and its visitors for the past 20 years but is now in
need of replacement. The materials used in the existing playground are substandard when compared to
current playground construction standards. Additionally, the existing playground provides limited ADA
accessibility. The new playground will meet enhanced ADA standards by offering accessible elevated and
ground-level play activities, including ground-level play structures.
The proposed playground equipment features an innovative design that fosters an open format playscape
with engaging challenges comparable to, and in some cases exceeding, traditional playgrounds. The
materials used in the proposed playground structure consist of recycled plastic and coated galvanized
steel, providing corrosion resistance and UV stability. All materials are manufactured in the United States.
The amenities are attractive, easy to maintain, sustainable, and anticipated to have a life cycle exceeding
20 years, resulting in long-term savings to the City through reduced maintenance costs and extended
service life compared to the existing playground. The playground will also include a rubberized play surface
that meets all applicable safety standards and will further reduce maintenance requirements when
compared to traditional wooden mulch surfacing.
The proposed pricing from Rep Services, Inc. is based on its agreement with the School Board of Manatee
County under Contract No. 26-0041-MR. Rep Services, Inc. was selected as one of the awarded vendors
for the replacement of park and playground equipment under this contract, which was approved by the
Manatee County School District on September 1, 2025, and expires on August 31, 2030. Rep Services,
Inc. has offered the City of Clearwater an additional 2% discount on the playground equipment and a 5%
discount on the rubberized surfacing, resulting in additional savings of $4,521.02.
In accordance with Section 2.563(1)(c), staff is requesting authorization to piggyback the School Board of
Manatee County’s Contract No. 26-0041-MR for playground equipment and installation in the amount of
$173,043.94. This amount includes $58,524.75 for playground equipment, $62,489.41 for rubber
poured-in-place surfacing, and $52,029.78 for installation.
Additionally, pursuant to Section 2.563(1)(d), non-competitive purchase, a total amount of $19,465.50
under Proposal No. 22090.06 is considered impractical to bid. This amount includes $3,400.00 for
engineering services, $10,327.50 for freight, and $5,738.00 for the required bond.
Upon Council approval, the Parks and Recreation Department will proceed with submitting the purchase
request to Rep Services, Inc. to secure the proposed pricing.
Page 1 City of Clearwater Printed on 2/13/2026
File Number: ID#26-0055
APPROPRIATION CODE AND AMOUNT:
Funding is available in capital improvement project M2206, Parks & Beautification R&R, for costs
associated with the playground ($127,252.53) and project C2406, Pour-in-Place Playground Surfacing, for
costs associated with installation of poured in place safety surfacing ($65,256.91). These Parks and
Recreation capital projects are funded by revenues from the General Fund.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Funding the purchase of the new playground equipment aligns with the following City of Clearwater
Strategic Plan Objectives:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources
required to sustain that level of service.
·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all
our customers; and
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and
national sporting events.
Page 2 City of Clearwater Printed on 2/13/2026
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