R. E. D. RESOLUTION NO

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1 RESOLUTION NO R. E. D. A RESOLUTION APPROVING A LAND SALES AGREEMENT AND FORM OF QUlT CLAIM DEED BETWEEN THE ClTY OF TAMPA, AS SELLER, AND NEREIDA Y. BELLO, AS PURCHASER; AUTHORIZING THE MAYOR TO EXECUTE AND THE ClTY CLERK TO ATTEST SAID LAND SALES AGREEMENT AND QUlT CLAIM DEED FOR THE SALE OF ClTY OWNED OR HELD SURPLUS PROPERTY LOCATED AT 208 E. CHELSEA STREET, TAMPA, FLORIDA, FOR A SALES PRICE OF $10,920.00, TOGETHER WITH CLOSING COSTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa has declared certain City owned or held real property as legally described in Exhibit "A" to the proposed Land Sales Agreement and Quit Claim Deed attached to this Resolution and shown on the location map attached hereto, having the following street address of 208 E. Chelsea Street, Tampa, Florida (the "Propetjy"), as surplus property, because said Property does not serve a public or governmental purpose; and WHEREAS, the Property escheated from Hillsborough County to the City; and WHEREAS, the Property has been classified as "uneconomic remainder property" under the City's Land Disposition Policy; and WHEREAS, the City's Real Estate Division has complied with the applicable requirements contained in the City's Land Disposition Policy in connection with the disposition of this Property; and WHEREAS, Nereida Y. Bello (whether one or more, the "Purchaser"), has offered to purchase the Property for a sales price of Ten Thousand Nine Hundred Twenty and No1100 ($10,920.00) Dollars plus closing costs subject to the terms and conditions in the Land Sales Agreement attached hereto; and WHEREAS, the attached Land Sales Agreement executed by the Purchaser is the best offer submitted to the City for the purchase of the Property and is in compliance with the City's Land Disposition Policy; and WHEREAS, it is in the best interest of the City of Tampa to dispose of the Property in accordance with the attached Land Sales Agreement executed by the Purchaser.

2 1 NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. That the Land Sales Agreement and Form of Quit Claim Deed by and between the City of Tampa, as Seller, and Nereida Y. Bello, as Purchaser, for the Property having the following street address of 208 E. Chelsea Street, Tampa, Florida, and as legally described in Exhibit "A" to said Land Sales Agreement and Quit Claim Deed, copies of which are attached hereto and by reference made a part hereof, are hereby approved in their entirety, or in substantially similar form. Section 2 That the Mayor of the City of Tampa is hereby authorized to execute and the City Clerk to attest and affix the Official Seal of the City of Tampa to said Land Sales Agreement and Quit Claim Deed. Section 3. That the proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the terms and provisions of this Resolution. Section 4. That the proceeds of this transaction will be deposited into the City ( of Tampa account having Index Code Number BCOl I Section 5. That this Resolution shall take effect immediately upon its adoption. 1 PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON f FB Q 0 6. CHAIRMANICHAIRMAN PRO-TEM, ClTY COUNCIL / APPROVED AS TO FORM: e/s/ Julie I. Brown Assistant City Attorney

3 LAND SALES AGREEMENT THIS LAND SALES AGREEMENT, (hereinafter "Agreement") is made and entered into this day of, 20, by and between the CITY OF TAMPA, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter called "City"), whose address is 315 East Kennedy Boulevard, Tampa, Florida and Nereida Y. Bello, an unmarried woman (hereinafter whether one or more, called "Purchaser"), whose address is 2105 W. Bristol Avenue, #I 12, Tampa, Florida WITNESSETH: WHEREAS, the City has declared no further need for certain City held real property which is now surplus property that is legally described in Exhibit "A" attached hereto and made a part hereof by this reference and having the following street address of 208 E. Chelsea Street, Tampa, Florida (collectively, the "Property"); WHEREAS, the Property escheated from Hillsborough County to the City; and WHEREAS, the Property has been classified as "uneconomic remainder property" under the City's Land Disposition Policy; and WHEREAS, the City's Real Estate Division has complied with the applicable requirements contained in the City's Land Disposition Policy in the disposition of the Property; and WHEREAS, the Purchaser has offered to purchase the Property for a sales price of Ten Thousand Nine Hundred Twenty and No1100 ($10,920.00) Dollars plus closing costs subject to the terms and conditions contained herein; and WHEREAS, the Purchaser's offer was the best offer submitted to the City for the purchase of the Property and is in compliance with the City's Land Disposition Policy; and WHEREAS, it is in the best interest of the City of Tampa to dispose of this Property in accordance with the terms hereof. NOW, THEREFORE, in consideration of the foregoing recitals as set forth above, which are incorporated herein by this reference, and the mutual obligations of the parties hereto, the receipt and sufficiency of which is acknowledged by the parties, each of them does hereby covenant and agree with the other as follows: Section 1. SALE: PURCHASE PRICE The City shall sell and the Purchaser shall purchase from the City, the Property identified in Exhibit "A" attached hereto and made a part hereof by this reference for

4 the purchase price of $10, ("Purchase Price"), together with the payment of all closing costs as identified below. The Purchase Price shall be subject to the conditions set forth below. (a) All costs to close and all closing costs of this transaction shall be paid by the Purchaser including payment of all recording fees, documentary stamps, all costs associated with obtaining clear title to the subject property, title policy, and the cost of any survey or environmental testing of the Property. (b) Purchaser accepts title from the City in its "AS IS" condition, and all costs of title search, title binders, and title insurance, if any, shall be paid by the Purchaser. (c) The City shall require no earnest money deposit from the Purchaser. (d) If the City requires an appraisal of the Property, the Purchaser shall be responsible for having an appraisal of the Property prepared by a properly licensed appraiser, who has been approved by the City. The cost of any such appraisal, if required, shall-be deducted from the Purchase Price at closing. (e) At closing, Purchaser shall pay the Purchase Price and all closing costs by cash, locally drawn cashier's or official bank check, or wire transfer. Section 2. CONVEYANCE OF PROPERTY (a) Upon City Council approval, the City shall convey to the Purchaser title to the Property by Quit Claim Deed (hereinafter called "Deed") in the form attached hereto as Exhibit "B" and made a part hereof by this reference. Such conveyance and title shall be subject to: (1) Taxes for the year closing and subsequent years, if any; (2) All easements, restrictions, encumbrances, and rights appearing of record at the time of conveyance; (3) Zoning regulations, including any applicable overlay zoning or design regulations to the City; (4) Any state of facts an accurate survey would show; and (5) All other matters affecting title to the Property, including any right of possession held by any third party. Notwithstanding any provision in this Agreement to the contrary, if the Property is subject to any City Code Enforcement liens or liens imposed by the City for the demolition of structures located on or for the mowing and upkeep of the Property (collectively, "City Liens"), the City hereby agrees that said City liens shall be deemed released at the closing (but only in the event of closing) on the purchase of the Property by Purchaser.

5 (b) Time and Place of Delivery of Deed. Subject to the provisions of this Agreement, the City shall deliver the Deed and possession of the Property to the Purchaser at a mutually acceptable date within sixty (60) days after execution of this Agreement by the City. Conveyance shall be made at the City's Real Estate Division or a title company approved by the City's Real Estate Division. (c) Delinquent Taxes. The delinquent taxes and all assessments, if any, on the Property which are a lien on the date of the delivery of the Deed to the Purchaser shall be borne by the Purchaser. (d) Recordation of Deed. The Quit-Claim Deed conveying title to the Purchaser shall be recorded in the Public Records of Hillsborough County as soon as is practical, and Purchaser agrees to pay all recording fees and documentary stamp taxes due on the Deed. (e) City Council Approval. Purchaser acknowledges that the City Council of the City of Tampa must approve all sales of City owned lands, and acceptance of this Agreement by the City is conditional upon such City Council approval. (f) Failure to Close and Termination. Except as hereinafter provided, if the parties fail to close this transaction within sixty (60) days after the date of this Agreement (the "effective date"), then this Agreement shall be terminated and shall become null and void; and both the City and the Purchaser shall be relieved of any obligations hereunder. If this Agreement is terminated, then any deposit(s) made by Purchaser in escrow towards the Purchase Price shall be refunded to Purchaser; however, the Purchaser shall be responsible for any expenses incurred by Purchaser prior to termination of this Agreement in connection with the proposed purchase of the Property. (g) Extension of Closing Date. This Agreement may be extended for up to an additional sixty (60) days without further approval or action by City Council by a written amendment, or similar writing, signed by the Purchaser and the Mayor of the City on the condition that said amendment is executed prior to the 6oth day after the effective date of this Agreement and provides solely for the extension of the closing date for up to a maximum of 60 days. Section 3. NO REPRESENTATIONS BY CITY By execution of this Agreement, Purchaser acknowledges the following: (a) That the City does not warrant title to the Property and has neither obtained nor provided Purchaser with any evidence of title to the Property; and if the Property was acquired by the City by tax deed(s) issued by Hillsborough County, Purchaser hereby acknowledges that the City has notified Purchaser in writing of the potential problems in obtaining title insurance and financing in connection with the

6 Property without bringing a quiet title action pursuant to the form attached hereto as Exhibit "C" and made a part hereof by this reference. (b) Purchaser has examined the Property and accepts it in its present conditions ("AS IS I WHERE IS WITH ALL FAULTS") and without any representations or warranties on the part of the City or its agents or employees as to the suitability or fitness of the Property for Purchaser's intended purposes; (c) That the City neither warrants nor makes any representation whether any other persons have a claim to or possession of the Property; and (d) That the City makes no representation or warranty to Purchaser regarding the environmental condition of the Property and if Purchaser accepts title to the Property, Purchaser hereby agrees to release and hold the City harmless from and against any claim, liability, cost or expense relating to the environmental condition of the Property including, without limitation, any required remediation costs or expenses related to the cleanup andlor disposal of any hazardous materials discovered in, on or under the Property. Section 4. ASSIGNABILITY This Agreement may not be assigned or transferred, in whole or part, without the approval of the City Council of the City. Section 5. SURVIVAL All provisions of this Agreement intended to survive or to be performed subsequent to the Closing shall survive the closing of this Agreement. Section 6. AGREEMENT TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS Section 7. If any provisions of this Agreement is or becomes void or unenforceable by force of law or by court order, then that fact shall not affect any other provisions or clauses of this Agreement, which shall remain valid and enforceable. Section 8. GOVERNING LAW AND VENUE This Agreement shall be governed, interpreted, construed, and enforced under the laws of the State of Florida. The parties agree that the venue for any lawsuit brought by either party for breach of this Agreement or for specific performance of this Agreement or for rescission of this Agreement shall be in Hillsborough County, Tampa, Florida.

7 Section 9. WAIVER No waiver of any provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing waiver. Section 10. PARAGRAPH HEADINGS Caption and paragraph headings in this Agreement are for convenience and reference only and do not define, describe, extend or limit the scope or intent of this contract or any provision herein. Section 11. ATTORNEY'S FEES In any action or lawsuit between the parties for breach of this Agreement, to enforce any of the terms of this Agreement, or for specific performance of this Agreement, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorney's fees and court costs at the trial andlor appellate levels. Section 12. NO RECORDING This Agreement shall not be recorded in the Public Records of Hillsborough County, Tampa, Florida without the prior consent of the City's Director of the Department of Business and Housing Development. Section 13. REQUIRED DISCLOSURES If any improvements, buildings or residential housing exist on the Property, then the following disclosures are hereby provided: (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your County Public Health unit. (b) Any dwelling upon this Property that was built or may have been constructed prior to 1978 may contain lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. A risk assessment or inspection for possible leadbased paint hazards is recommended prior to purchase. The City discloses the following with regard to subject Property: 1) the City has no knowledge of lead-based

8 paint; and 2) the City has no reports or records pertaining to lead-based paint and/or lead-based paint hazards. Section 14. CITY OF TAMPA'S CODE OF ETHICS In connection with this Agreement, the Purchaser hereby covenants and agrees that Purchaser shall comply with all applicable governmental laws, statutes, rules and regulations including, without limitation the City of Tampa's Code of Ethics. Pursuant to Section of the City of Tampa Code, the Purchaser acknowledges that if the Purchaser fails to comply with the City of Tampa's Code of Ethics, such a failure shall rend this Agreement voidable by the City and subject the Purchaser to debarment from any future City contracts or agreements. Section 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding of the parties and cannot be modified except in writing executed by all the parties. All representations made herein shall survive the closing. This is intended to be a legally binding contract. If not fully understood, Purchaser should seek the advice of an attorney prior to signing. (Remainder of this page intentionally left blank)

9 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by the City Clerk, and the Purchaser has executed this Agreement on or as of the date first above written. Signed, sealed, and delivered in the presence of: CITY OF TAMPA, FLORIDA Witness: By: NAME: Pam lorio Witness: ITS: Mayor (printor type name beneath signature) ATTEST: City ClerkJDeputy City Clerk APPROVED AS TO FORM: ~ute I. Brown, Assistant City Attorney Assistant City Attorney Signed, sealed, and delivered in the presence of: Witness: - -~- Witness: By: NAME: Nereida Y. Bello (PrinWType Name) (Print or type name beneath signature)

10 STATE OF FLORIDA COUNTY OF HILLSBOROUGH: ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of, 20, by Nereida Y. Bello, who is personally known to me or has produced as identification. Signature of Acknowledger Name typed, printed or stamped NOTARY PUBLIC State of Florida at Large Serial No. (if any) My Commission Expires: STATE OF FLORIDA COUNTY OF HILLSBOROUGH ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of,20, by Pam lorio, as Mayor of the City of Tampa, on behalf of the City and who is personally known to me. Signature of Acknowledger Name typed, printed or stamped NOTARY PUBLIC State of Florida at Large Serial No. (if any) My Commission Expires:

11 Return to: Nereida Y. Bello W. Bristol Avenue, #112 Tampa, FL EXHIBIT "6" Prepared By: Julie 1. Brown Office of the City Attorney 31 5 East Kennedy Boulevard Tampa, Florida Grantee's Tax ID# Resolution No.: Folio No: QUlT CLAIM DEED THIS QUIT CLAIM DEED made this day of, 20, between the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida, with its office and principal- place of business at 315 East Kennedy Boulevard, Tampa, Florida 33602, (hereinafter "Grantor"), and Nereida Y. Bello, an unmarried woman (hereinafter "Grantee"), whose address is 2105 W. Bristol Avenue, Tampa, Florida WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Thousand Nine Hundred Twenty and NO1100 ($10,920.00) DOLLARS, and other good and valuable considerations received, to it in hand paid by the said Grantee, the receipt and sufficiency of which are hereby acknowledged, has released, remised and quit claimed, and by these presents does hereby release, remise and quit claim unto the Grantee and its successors and assigns forever, all right, title and interest (if any) of Grantor in and to that certain parcel of land situate, lying and being in the County of Hillsborough and State of Florida, as more particularly described as follows, to-wit: LEGAL: See Exhibit "A" attached hereto and made a part hereof by this reference (the "Property"). TO HAVE AND TO HOLD, the same together will all the tenements, hereditaments and appurtenances (if any), thereunto belonging or in anywise appertaining. WITHOUT LIMITING THE FOREGOING, this Quit Claim Deed also constitutes a release by Grantor of any and all of Grantor's "Code Enforcement Board" liens encumbering the Property as well as any assessment liens imposed by Grantor for the demolition of structures located on or for the mowing and upkeep of the Property existing as of the date hereof.

12 IN WITNESS WHEREOF, the said Grantor, has caused these presents to be executed in its name by its proper officers and its corporate seal to be hereto affixed the day and year first above written. Signed, sealed, and delivered in the presence of: CITY OF TAMPA, FLORIDA a Municipal Corporation Witness: BY: Pam lorio Witness: ITS: Mayor (Print or type name beneath signature) APPROVED AS TO FORM: ATTEST: Julie I. Brown Assistant City Attorney City ClerkIDeputy City Clerk STATE OF FLORIDA COUNTY OF HILLSBOROUGH ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of, 20, by Pam lorio, as Mayor of the City of Tampa, on behalf of the City and who is personally known to me. Signature of Acknowledger Name typed, printed or stamped NOTARY PUBLIC State of Florida at Large Serial No. (if any) My Commission Expires:

13 EXHIBIT "C" SPECIAL NOTICE REGARDING PROPERTY ACQUIRED BY A TAX DEED IF THE ClTY OF TAMPA ACQUIRED THE PROPERTY DESCRIBED IN EXHIBIT "A TO THE LAND SALES AGREEMENT AlTACHED HERETO FROM HILLSBOROUGH COUNTY BY WAY OF A "TAX DEED, THEN THlS MEANS THAT A DEED WAS ISSUED BY HILLSBOROUGH COUNTY UNDER A STATUTORY PROCESS BECAUSE THE PRIOR PROPERTY OWNER FAILED TO PAY THE ANNUAL AD VALOREM TAXES DUE ON THE PROPERTY. IF A MISTAKE OCCURRED IN THE TAX DEED PROCESS, THE ISSUANCE OF THE TAX DEED COULD BE INVALIDATED. THlS RlSK CAN BE ELIMINATED BY WAY OF A QUIET TITLE ACTION NAMING THE PRIOR OWNER(S) OF THE PROPERTY. THE ClTY OF TAMPA HAS NOT BROUGHT A QUIET TITLE ACTION OR OTHERWISE INVESTIGATED TITLE TO THE PROPERTY AT THIS TIME. HOWEVER. YOU MAY NOT BE ABLE TO OBTAIN TITLE INSURANCE OR OBTAIN FINANCING FOR THE PROPERTY UNLESS YOU BRING A QUIET TITLE ACTION AGAINST THE PRIOR OWNER(S1 OF THE PROPERTY. THE CITY OF TAMPA ENCOURAGES YOU TO CONSULT WITH AN ATTORNEY IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE UNDERSIGNED: (A) HAS RECEIVED THlS NOTICE FROM THE ClTY OF TAMPA PRIOR TO EXECUTING ANY AGREEMENT TO PURCHASE THE PROPERTY DESCRIBED IN EXHIBIT " A HERETO; (B) UNDERSTANDS THE STATEMENTS MADE IN THlS NOTICE; AND (C) AGREES TO KNOWINGLY ASSUME THlS RlSK IF THE UNDERSIGNED CLOSES ON THE PURCHASE OF THE PROPERTY. EXECUTED THlS DAY OF WITNESSES: POTENTIAL PURCHASER(S): Name: (Print or Type Name) Name: Nereida Y. Bello (Print or Type Name) Name: (Print or Type Name) Name: (Print or Type Name)

14 EXHIBIT "A" The East 20 feet of closed street abutting on Lot 4, Block 8 of Lesley's Plat as per map or plat thereof, recorded in Plat Book 1, Page 6 of the Public Records of Hillsborough County, Florida. All lying and being in Section 1, Township 29 South, Range 18 East.

15 CITY OF TAMPA REAL ESTATE DIVISION East Chelsea Street Tampa, Florida RE# Robinson

16 RESOLUTION NO A RESOLUTION GRANTING PERMISSION TO WINTER PRIDE TAMPA BAY, INC. TO USE A FACSIMILE OF THE OFFICIAL SEAL OF THE CITY OF TAMPA ON PROMOTIONAL MATERIALS INCLUDING ITS WEBSITE FOR THE FEBRUARY 25, 2006 EVENT TO BE HELD AT LOWRY PARK zoo. WHEREAS, Section 2-2 of the City of Tampa Code makes it unlawful for any person to use, display, or exhibit in any manner or for any purpose whatsoever the Official Seal of the City of Tampa or a facsimile thereof unless such person shall have first obtained the written permission of the Mayor and City Council; and WHEREAS, Winter Pride Tampa Bay, Inc. will host its Winter Pride Festival event on February 25, 2006 at Lowry Park Zoo; and WHEREAS, Winter Pride Tampa Bay, Inc. would like to use the City of Tampa seal on its promotional materials and website for this event; and WHEREAS, City Council has recommended that such permission be granted for the purposes herein expressed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That permission is granted to Winter Pride Tampa Bay, Inc. to use a facsimile of the Official Seal of the City of Tampa on promotional materials and its website to advertise the February 25,2006 Winter Pride Festival event to be held at Lowry Park Zoo in the City of Tampa. Section 2. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FFB ATTEST: CITY CLEF& Prepared by: 9, -. CHAIRMAN, CITY COUNCIL APPROVED BY ME on FEB Jorge I. Martin, Asst. City Atty.

17 A RESOLUTION APPROVING A PARTICIPATING AGENCY SUBGRANT AGREEMENT BETWEEN THE CITY OF TAMPA AND FLORIDA HEALTH AND SCIENCE CENTER, OPERATING AS TAMPA GENERAL HOSPITAL, IN CONNECTION WITH THE FY 2004 URBAN AREAS SECURITY INITIATIVE I1 GRANT; AUTHORIZING EXECUTION THEREOF BY THE MAYOR OF THE CITY OF TAMPA WHEREAS, the City of Tampa has been designated as the recipient of a federal grant in an amount not exceeding $9,220, from the United States Department of Homeland Security, Office for Domestic Preparedness for the 2004 Urban Area Security Initiative (UASI) Grant 11, as authorized by Resolution No ; and, WHEREAS, the grant is intended to improve the responsiveness and effectiveness of law enforcement, emergency medical services, emergency management, fire service, hazardous materials teams, public works, public safety communications, healthcare and public health; and, WHEREAS, the parties hereto desire to enter into a Participating Agency Subgrant Agreement for the appropriate administration of said grant funds to facilitate their combined effort to achieve a measurable decrease in the vulnerability of the Tampa Bay area to terrorist attack as well as heightened ability to respond to such an attack. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA Section 1. The Participating Agency Subgrant Agreement, a copy of which is attached hereto and made a part hereof, is hereby approved in its entirety. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute said Agreement on behalf of the City. Section 3. That other officers of the City of Tampa are authorized to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution. Section 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORJDA on FFB CHAIWCHAIR PRO-TEM, CITY COUNCIL ATTEST: APPROVED AS TO FORM: CITY CLERK/DEPUTY CITY CLERK KIRBY C. RAINSBERGER Assistant City Attorney

18 PARTICIPATING AGENCY SUBGRANT AGREEMENT THE PARTIES HERETO ARE: The City of Tampa, Florida Florida Health and Science Center, operating as Tampa General Hospital WHEREAS, the City of Tampa has been designated as the recipient of a federal grant in an amount not exceeding $9,220,635 from the FY 2004 Urban Areas Security Initiative 11, administered by the U.S. Department of Homeland Security (U.S.D.H.S.) through the State of Florida Department of Community Affairs (F.D.C.A.); and WHEREAS, the grant is intended to improve the responsiveness and effectiveness of law enforcement, emergency medical services, emergency management, fire service, hazardous materials teams, public works, public safety communications, healthcare and public health; and WHEREAS, geographically, the grant is intended to augment services available to citizens of the greater Tampa Bay metropolitan area to include all of Hillsborough and Pinellas Counties; and WHEREAS, the parties hereto will cooperate in a combined effort to achieve a measurable decrease in the vulnerability of the Tampa Bay area to terrorist attack as well as heightened ability to respond to such an attack; and WHEREAS, the federal grant is a reimbursement grant subject to strict limitations and conditions imposed upon the recipient by both U.S.D.H.S. and the F.D.C.A. as set forth in the respective grant award and subgrant agreement documents; and WHEREAS, the undersigned parties agree to strictly abide by the terms and conditions set forth in the above referenced documents as well as the provisions of this Participating Agency Subgrant Agreement. 1

19 NOW, THEREFORE, in consideration of the mutual covenants expressed herein the undersigned parties agree as follows: 1. Each party hereto acknowledges and agrees to be bound by the applicable terms and conditions of the Federally Funded Subgrant Agreement including all exhibits and attachments thereto, just as if each of the undersigned were the specified "recipient" as referenced in said agreement. Provided, however, reports and documentation required by the Federally Funded Subgrant Agreement shall be provided to the City of Tampa rather than to U.S.D.H.S. or F.D.C.A. All such reports and documentation shall be provided to Tampa fifteen (15) days in advance of the due date of Tampa's corresponding report to F.D.C.A. 2. Each party hereto will actively participate in the establishment and ongoing activities of the Urban Area Working Group including, without limitation, the conduction of an Urban Area Assessment and the development of an Urban Area Homeland Security Strategy. 3. The parties hereto understand and agree that the aforementioned federal grant funds are available primarily on a reimbursement basis for certain qualifying expenditures which must be in complete conformance with the requirements of the grant and approved in advance by federal grant administrators, the state Department of Community Affairs and the Urban Area Working Group. Expenditures not in complete conformance with the foregoing terms will not be reimbursed. In the event a participating agency other than the City of Tampa will be called upon to prepay specific identified expenses, a separate agreement will be executed between that agency and the City of Tampa articulating the details of that transaction. Specific expenditures must be

20 approved by, and are subject to modification by, the Urban Area Working Group with the concurrence of state and federal grant administrators. 4. Under no circumstances will the City of Tampa be liable to any party hereto or to any other person or entity for costs or expenses connected with this Agreement or the aforementioned grant. Rather, the City of Tampa's sole financial obligation to the other parties hereto will be to promptly disburse federal grant funds actually received by the City to the appropriate party for reimbursement of specifically approved expenditures. 5. The parties hereto agree to execute additional documents, provide additional information, and make additional certifications as may reasonably be required in satisfaction of the parties' obligations under this Agreement and the Federally Funded Subgrant Agreement. 6. The City of Tampa shall have enforcement rights and remedies to compel the performance of the parties' obligations hereunder coextensive with the corresponding rights and remedies retained by the state or federal governments (or agencies thereof) against the "recipient" specified in the Federally Funded Subgrant Agreement. 7. This Agreement applies to the FY 2004 UASI Grant and to UASI Grants for succeeding fiscal years subject to modifications of terms contained within the applicable state or federal Subgrant Agreements. Any party hereto may terminate its participation in this initiative by sending written notice of termination to the Chief of the Tampa Police Department, provided, however, that the terminating agency must comply with all contractual obligations incurred through the date of termination including obligations the performance of which will extend beyond the date of termination. (SIGNATORY PAGE FOLLOWS)

21 PARTICIPATING AGENCY SUBGRANT AGREEMENT IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. CITY OF TAMPA: ATTESTED: PAM IOIUO, MAYOR City of Tampa City ClerWDeputy City Clerk Date APPROVED AS TO FORM: STEPHEN HOGUE Chief of Police KIRBY C. RAINSBERGER Assistant City Attorney FLORIDA HEALTH AND SCIENCE CENTER OPERATING AS TAMPA GENERAL HOSPITAL: WITNESSED: RON HYTOFF, PRESIDENT AND CEO Signature of Witness Date

22 A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006; APPROVING THE TRANSFER, REALLOCATION, AND APPROPRIATION OF $178,989 IN THE GENERAL FUND TO OTHER ACCOUNTS WITHIN SAID FUND FOR NONDEPARTMENT EXPENSES; PROVIDING AN EFFECTIVE DATE. WHEREAS, certain finds previously appropriated in the General Fund for the fiscal year ending September 30, 2006, will not be needed for the purpose for which appropriated, and the transfer of said finds to other accounts within said Fund as set forth herein is for a necessary municipal purpose; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Section 1. The transfer, reallocation, and appropriation of amounts previously appropriated in the General Fund, as set forth below, is hereby approved. GENERAL FUND Transfer From: AIC: ND Contingency Transfer To: AIC: ND Contractual Services - Tampa Sports Authority $178,989 Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30, 2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor. Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City FEB ATTEST: CHAIRMANICHAIRMAN PRO-TEM, CITY COUNCIL CITY CLERK~EPUTY CITY CLERK APPROVED by me this- APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY K:Resos2006\4 192.doc I PAM IORIO, MAYOR

23 RESOLUTION NO at;;' A RESOLUTION APPROVING, RATIFYING AND CONFIRMING THE PLACEMENT OF A PURCHASE ORDER FOR THE INSTALLATION OF A FIRE ALARM SYmM AT TAMPA CONVENTION CENTER, PROJECT PW6104 IN THE EmMATED AMOUNT OF $585, FROM AUTOMATED BUILDING CONTROL SYSTEMS, INC. FOR USE BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECnVE DATE. WHEREAS, because of the exigent nature of an emergency, it became necessary to procure the Installation of a Fire Alarm System at the Tampa Convention Center for use by the Tampa Convention Center; and WHEREAS, the Contracts Administration Department submitted an emergency affidavit certifying the need to protect the public at the Tampa Convention Center; and WHEREAS, the Director of Purchasing placed a Purchase Order in the amount of $585, to Automated Building Control Systems, Inc.; and WHEREAS, it is in the best interest of the City and its efficient operation to approve, ratify and confirm the action of the Director of Purchasing in placing said Purchase Order in the amount of $585, for the Installation of a Fire Alarm System at the Tampa Convention Center. BE l RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the action of the Director of Purchasing in placing a Purchase Order in the amount of $585, for the Installation of a Fire Alarm System at the Tampa Convention Center is hereby approved, ratified and confirmed. Section 2. That funds for payment for such purchase are to be provided from Account No. ND50321AN in the estimated amount of $585, Section 3. That the proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL FEB CHAIR/CHAIR PRO-TEM CITY COUNCIL 1 I CITY CLERK/DEPUTY CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY BY JUSTIN R. VASKE, ASSISTANT CITY A'TTORNEY

24 RESOLUTION NO A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2006; APPROVING THE TRANSFER, REALLOCATION, AND APPROPRIATION OF $6,691 IN THE WASTEWATER OPERATING FUND TO OTHER ACCOUNTS WITHIN SAID FUND FOR CHANGE ORDER NUMBER ONE- FINAL OF CONTRACT 20-04, TO THE ORANGE TERRACE SEWER EXTENSION PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, certain hnds previously appropriated in the Wastewater Operating Fund for the fiscal year ending September 30, 2006, will not be needed for the purpose for which appropriated, and the transfer of said funds to other accounts within said Fund as set forth herein is for a necessary municipal purpose; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Section 1. The transfer, reallocation, and appropriation of amounts previously appropriated in the Wastewater Operating Fund, as set forth below, is hereby approved. WASTEWATER OPERATING FUND Transfer From: A/C:SS0442PHU Chlorine & Sulhr Dioxide Automation $ 6,691 Transfer To: A/C:SS0342PCJ Orange Terrace Sewer Extension Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30, 2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor. Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption.

25 PASSED AND ADOPTED by the City Council FEB CITY CLERWD%PUTY CITY CLERK APPROVED by me this FEB APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY K:\RESOS2005\4 185ftsmm

26 RESOLUTION NO I! ti A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006; APPROVING THE TRANSFER, REALLOCATION AND/OR APPROPRIATION OF $1 14,070 WITHIN THE WATER OPERATING FUND FOR PROFESSIONAL SERVICES RELATED TO FDOT LINKS STAGES 2 AND 3 PROJECTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, additional revenue or unappropriated surplus, or fimds previously appropriated which are no longer needed for their original purpose, are available for transfer, reallocation and/or appropriation to accounts within the Water Operating Fund, and such transfer, reallocation and/or appropriation is for a necessary municipal purpose; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Now, Therefore, Section 1. The transfer, reallocation and/or appropriation of the sum of $1 14,070 within the Water Operating Fund, as set forth below, is hereby approved. WATER OPERATING FUND Anticipated Revenue: A/C: WTO 143AO FDOT - Links Transfer To: A/C: WT0443BAZ Relocating/ Upgrading w/ FDOT $1 14,070 Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30,2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor. Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City FEB I 6 7 ~. CHAIRMAN, CHAIRMAN PRO-TEM CITY COUNCIL CITY CLEWDEPUTY CITY CLERK APPROVED by me this APPROVED AS TO LEGAL SUFFICIENCY: ASSISTANT CITY ATTORNEY K UZESOS2006\4193as MAYOR

27 RESOLUTION NO DPW A RESOLUTION APPROVING WORK ORDER NO. 23 IN THE AMOUNT OF $20,000 FOR PROVISION OF PROFESSIONAL ENGINEERING SERVICES BY BAYSIDE ENGlEERlNG IN CONNECTION WITH THE PROJECT PW9514, SUBDIVISION PLAT REVIEW; AUTHORIZING ISSUANCE OF SAID WORK ORDER BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No , the City of Tampa and Bayside Engieering entered into an Agreement on April 20, 2004, for the provision of professional services for certain work to be performed by Various Departments, said work to be performed by issuance of Work Orders by the Department's Directors and its monetary value creates an aggregate amount exceeding $50,000.00; and WHEREAS, said Consultant was selected pursuant to Florida Consultant Competitive Negotiation Act; and WHEREAS, the Department of Public Works desires to issue Work Order No. 23, in the amount of $20,000, to Bayside Engieering for professional services in connection with Subdivision Plat Review; and WHEREAS, pursuant to City of Tampa Code Section 2-280, the City Council must approve such work order. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA, THAT; NOW, THEREFORE, Section 1. The Department of Public Works is hereby authorized to issue a work order to Bayside Engieering for professional services in connection with Project PW9514, Subdivision Plat Review, all as fully described in Work Order No. 23, a copy of which is attached hereto and made part hereof. Section 2. Funds in an estimated amount of $20,000 are available in the Budget of the City of Tampa for Fiscal Year ending September 30, 2006, in Account No. PWO4Ol2Ol-O3lOl. Section 3. Other proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary in order to cany out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FEB ATTEST: CHAIRMANICHAIRMAN PRO-TEMCI~COU%~L Approved as to Legal Sufficiency By: Justin R. Vaske, Assistant City Attorney

28 CITY OF TAMPA Pam lorio, Mayor Contract Administration Department David L. Vaughn, AIA, Director Work Order: Date: To: C:ontract/Date: Project: Fund : Proposal Date: Scope of Work: Upset Limit: Project Manager: Remarks: Approved By: Funds Checked By: Date Authorized By: Distribution: Project Manager Jim Greiner, P.E. Leticia Co CtS 0 Jim Pullara City Clerk 306 East Jackson Street #280A4N Tampa, Florida (813) FAX: (813)

29 RESOLUTION NO Cont Admin Dept. A RESOLUTION APPROVING THE SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMPA AND WADE-TRIM, INC. IN THE AMOUNT OF $114, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH WATER MAIN RELOCATIONS NECESSITATED BY THE E'LORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LINKS STAGES 2 AND 3 PROJECTS IN INTERSTATE 275 FROM THE HOWARD FRANKLAND BRIDGE TO THE HILLSBOROUGH RIVER; AUTHORIZING EXECUTION THEREOF BY THE MAYOR OF THE CITY OF TAMPA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution passed and adopted by the City Council on July 25, 2002, the City of Tampa ("CITY") and Wade-Trim, Inc. ( "CONSULTANTr') entered into an Agreement for professional services for preliminary engineering in connection with water main relocations necessitated by FDOTrs Links Stages 2 and 3 projects in Interstate 275 between the Howard Frankland Bridge and the Hillsborough River ("Project"); and WHEREAS, said Agreement was amended on August 11, 2005 pursuant to Resolution to include construction engineering and inspection services, increase the compensation, and change the City's contact person for notices; and WHEREAS, there is a need to amend the Agreement a second time to include additional preliminary engineering for the electronic delivery of documents as required by the FDOT and additional construction engineering and inspections services, increase the compensation, and change the City's contact person for notices, all as detailed in Exhibits A and A-1 (Links 2) and B and B-1 (Links 3) to said Second Amendment. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the Second Amendment to Agreement between the City of Tampa and Wade-Trim, Inc., a copy - - of which is attached hereto and made a part hereof, for additional preliminary engineering services to provide documents in electronic format and additional construction engineering and inspection services, increase the compensation, and change the City's contact person for notices in connection with FDOTrs Links Stages 2 and 3 Projects in Interstate 275 from the Howard Frankland Bridge to the Hillsborough River, is approved in its entirety. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official seal of the City of Tampa to, said Second Amendment to Agreement on behalf of the City of Tampa. Section 3. That the compensation for the additional professional services described in said Second Amendment will not exceed a total of $114, with funds available in Account No. WT AZ 06300($37, Links 2 and $76, Links 3), for a total revised compensation amount of $1,943, The FDOT is to reimburse the City up to $114, for these amended services.

30 Section 4. That other proper officials of the City of Tampa are hereby authorized to do all things necessary and proper in order to carry out the terms and conditions of this Resolution. Section 5. adopt ion. That this Resolution shall take effect immediately upon its PASSED AND ADOPTED by the Clty Council of the Clty of Tampa, Florida, on f. ATTEST : Chairman/Chairman Pro-Tem, City Council City Clerk/~eputy City Approved as to Legal Sufficiency by Catherine R. Ginster, Assistant City Attorney

31 SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES THIS SECOND AMENDMENT, made and entered into at Tampa, Florida, this day of, 2006, by and between the City of Tampa, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY," the address of which is 315 East Kennedy Boulevard, Tampa, Florida 33602, and Wade-Trim, Inc., a corporation chartered and existing under the laws of the State of Florida, hereinafter referred to as the "CONSULTANT," the address of which is 4919 Memorial Highway, Suite 200, Tampa, Florida WITNESSETH: WHEREAS, pursuant to Resolution No passed and adopted by City Council on July 25, 2002, the Mayor executed an Agreement for Consultant Services ("Agreement") with the CONSULTANT to provide professional services in connection with preliminary engineering for water main relocations necessitated by the Florida Department of Transportation (FDOT) Links Stages 2 and 3 projects in Interstate 275 from the Howard Frankland Bridge to the Hillsborough River ("Project") ; and WHEREAS, the Agreement was amended on August 11, 2005, pursuant to Resolution , to include construction engineering and inspection services for water main relocations in conjunction with the Project; and WHEREAS, there is a need to amend the Agreement a second time to include additional preliminary engineering beyond the original scope to include electronic delivery of documents as required by the FDOT and additional construction engineering and inspection services, increase the compensation, and change the City's contact person for notices. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, the parties hereto agree to amend the Agreement as follows: Section 1: GENERAL SCOPE OF THIS AMENDMENT The Consultant shall perform those services described in Exhibits A and A-1 (Links 2) and B and B-1 (Links 3) to this Amendment, which shall be made part of said Amendment. Section 9: COMPENSATION The City will compensate the Consultant for the services described in Exhibits A and B in an amount not to exceed $114, unless authorized in writing by the City. Section 23: NOTICES Change the City's representative to Chris Barquin, P.E., Chief Design Engineer.

32 All other terms of this Amendment shall be as defined in the Agreement IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and its official seal to be hereunto affixed by its City Clerk, and the CONSULTANT has hereunto set its hand and seal, in triplicate, the day and year first written above. ATTEST CITY OF TAMPA City Clerk/Deputy City Clerk Pam Iorio, Mayor ATTEST: WADE-TRIM, INC Corporate Secretary Printed Signature Approved as to legal sufficiency: Catherine R. Ginster Assistant City Attorney

33 CITY OF TAMPA WATER DEPARTMENT Supplement to City of Tampa Work Order 6982 Utility Work by Highway Contractor Agreement (UWHCA) FPN , City of Tampa UWHCA Exhibit A Project Description Scope of Services I.O Restructure Files The Florida Department of Transportation (FDOT) is widening I- 275 from the Howard Frankland Bridge to Himes Avenue. The UWHCA work required includes removing or placing out of service all of the existing City of Tampa watermains that are within the FDOT project zone of influence for the Links 2 segment under FPN The City of Tampa Water Department UWHCA project number is This supplement is to provide additional preliminary engineering beyond the original scope of services to provide electronic delivery of documents as required by the FDOT. In order to delwer the project under FDOT's Electronic Delivery Process, the UWHCA project was converted from the Wade Trim directory structure to the FDOT standard directory seed file. A new FDOT seed file was incorporated into our file structure. All of the files in the directories had to be sorted, the namingconventions--- checked and placed in the correct FDOT folder Develop Plans Once the files were sorted, the plan sheets were developed. CAD files from the prime consultants were used in conjunction with the City of Tampa utility plans to develop the UWHCA plan sheets affected by the FDOT contractor's zone of influence only. Both the COT plans and the UWHCA plans required adjustments to assure agreement between the work. The sheet format and drafting standards were modified to meet FDOT standards, while compliancy was not required; the plans were made to reflect FDOT standards as close as possible involving a total of 21 sheets. P \Tpa2303\01rn\Adrn~n-supporl\Correspondence\Ta~pa h k s 2 UWHCA Supplement Scope doc

34 3.0 Computation Books 4.0 Qualitv Assurance 5.0 Electronic Deliverv It was originally anticipated that the removal work would include two basic pay items, watermains less than 18-inches and watermains greater than 20-inches. As the work progressed, Wade Trim was directed to further breakdown watermain sizes and use additional pay items. Computation books were developed using the breakdown. The FDOT then asked to return to the two main pay items but anticipate that the more detailed items will be opened in January 2006 and will require revisions at that time prior to letting. Computation books were required in accordance with FDOT standards, pay items and forms for the watermain removal items were generated on a station to station basis. Plans received both a team QC and an independent in house QC prior to electronic delivery. Written comments and plan markups were performed. The design team responded to the comments and made necessary revisions. The FDOT added the requirement that the project be delivered in accordance with the FDOT1s Electronic Delivery process. As noted above, the files were first organized within the FDOT file structure and file naming conventions. Once the plans were completed, required files and plan sheets were included in a folder for final delivery (cd). The plan sheets were electronically signed and sealed using the FDOT Electronic Delivery software v Following electronic signature, verification documents were printed and signed and sealed documenting the process and actual sheets delivered. The cd's were created for delivery, packaged, labeled and verified for content. It is noted that two deliveries were required, a 100% submittal and a final submittal package. Coordination meetings were required between Wade Trim, Bayside Engineering, the City of Tampa Water Department., the FDOT and Prime FDOT Consultants. Two meetings with 4 team members present for each were required. P 'Tpa2003:01mindm~n-support\Corresponde1~ce'~Tampa L~nks 2 UWHCA S~pplernent Scope.doc 2 Exhibit A

35 Method of Compensation The City of Tampa Water Department shall compensate the Consultant the lump sum fee amount of Twenty One Thousand Two Hundred Dollars for the scope of services specified in this requested supplement. The Consultant will invoice the City monthly based on the percent of work completed. Project Task FEE Restructure Files $ Develop Plans $12, Computation Books $ 1, Quality Assurance $ Electronic Delivery $ 1, Meetings $ 2,840 TOTAL $2 1,200 ACCEPTANCE If the above scope a_nd fees meet your-approval, please indicate by your - signature --- in the space provided below and return one copy to our office for-our files. WADE TRIM, INC. CITY OF TAMPA 9- h It&- J4 r' D. Trim, PE sen& Vice President Date P ~TpaZ003\01m'~dm1n-suppoC\Corres~ondence\Tarnpa L~nks 2 UWHCA Supplemenl Scope ooc 3 Exhibit A

36 CITY OF TAMPA WATER DEPARTMENT Supplement to City of Tampa Work Order 6982 Utility Work by Highway Contractor Agreement (UWHCA) FPN , City of Tampa UWHCA Exhibit A-1 Project Description Scope of Services The Florida Department of Transportation (FDOT) is widening from the Howard Frankland Bridge to Himes Avenue. The UWHCA work required includes removing or placing out of service all of the existing City of Tampa watermains that are within the FDOT project zone of influence for the Links 2 segment under FPN The City of Tampa Water Department UWHCA project number is This supplement is to provide construction engineering and inspection services not included in the original scope of services, as required by the FDOT. I.O Construction Engineering and Inspection Services Method Of Compensation Wade Trim will provide construction engineering and inspection services. It IS anticipated that the removal of the existlng watermains within the project limits w~ll take up to six (6) months to complete. The activities that will be performed during this task a r a. Attend the pre-construction meeting b. Construction observation (Part Time) c. Daily reports of contractor water main removal d. Weekly summary of quantities e. Prepare reimbursement reports, requests and invoices for construction engineering and inspection services The City of Tampa Water Department shall compensate the Consultant the lump sum fee amount of Sixteen Thousand Two Hundred Thirty Dollars for the scope of services specified in this requested supplement. The Consultant will invoice the City monthly based on the percent of work completed. Project Task Task Construction Engineering and lnspection FEE $16,230 TOTAL $1 6,230 P \Tpa:OO3\01mv\dm1n-support:Corr2spo~dence\Tampa Lmks 2 UWriCA CEI Supplemen1 Scope doc 1

37 ACCEPTANCE If the above scope and fees meet your approval, please indicate by your signature in the space provided below and return one copy to our office for our files. WADE TRIM, INC. CITY OF TAMPA senior Vice President Date P~\Tpa20fl3\01m~dm1n-support\CorrespondencTampa Links 2 UWHCA CEI Sup~lement Scope.doc 2 Exhibit A-1

38 CITY OF TAMPA WATER DEPARTMENT Supplement to City of Tampa Work Order 6982 Utility Work by Highway Contractor Agreement (UWHCA) FPN , City of Tampa UWHCA Exhibit B Project Description Scope of Services 1.O Restructure Files The Florida Department of Transportation (FDOT) is widening I- 275 from the Howard Frankland Bridge to Himes Avenue. The UWHCA work required includes removing or placing out of service all of the existing City of Tampa watermains that are within the FDOT project zone of influence for the Links 3 segment under FPN The City of Tampa Water Department UWHCA project number is This supplement is to provide additional preliminary engineering beyond the original scope of services to provide electronic delivery of documents as required by the FDOT. In order to deliver the project under FDOT's Electronic Delivery Process, the UWHCA project was converted from the Wade Trim directory structure to the FDOT standard directory seed file. A new FDOT seed f~le was incorporated into our file structure. All of the files In the directories had to be sorted, thegaming conveniiotis checked and placed in the correct FDOT folder Develop Plans Once the files were sorted, the plan sheets were developed. CAD files from the prime consultants were used in conjunction with the City of Tampa utility plans to develop the UWHCA plan sheets affected by the FDOT contractor's zone of influence only. Both the COT plans and the UWHCA plans required adjustments to assure agreement between the work. The sheet format and drafting standards were modified to meet FDOT standards, while compliancy was not required; the plans were made to reflect FDOT standards as close as possible involving a total of 29 sheets. P:\Tpa2003iO ImiAdmin-scpport\CorrespondenceiTampa Ltnks 3 UWHCA Supplement Scope.doc

39 3.0 Computation Books 4.0 Quality Assurance 5.0 Electronic Deliverv 6.0 Meetings It was originally anticipated that the removal work would include two basic pay items, watermains less than 18-inches and watermains greater than 20-inches. As the work progressed, Wade Trim was directed to further breakdown watermain sizes and use additional pay items. Computation books were developed using the breakdown. The FDOT then asked to return to the two main pay items but anticipate that the more detailed items will be opened in January 2006 and will require revisions at that time prior to letting. Computation books were required in accordance with FDOT standards, pay items and forms for the watermain removal items were generated on a station to station basis. Plans received both a team QC and an independent in house QC prior to electronic delivery. Written comments and plan markups were performed. The design team responded to the comments and made necessary revisions. The FDOT added the requirement that the project be delivered in accordance with the FDOT's Electronic Delivery process. As noted above, the files were first organized within the FDOT file--- structure and file naming conventions. Once the plans were completed, required files and plan sheets were included in a folder for final delivery (cd). The plan sheets were electronically signed and sealed using the FDOT Electronic Delivery software v Following electronic signature, verification documents were printed and signed and sealed documenting the process and actual sheets delivered. The cd's were created for delivery, packaged, labeled and verified for content. It is noted that two deliveries were required, a 100% submittal and a final submittal package. Coordination meetings were required between Wade Trim, Bayside Engineering, the City of Tampa Water Department., the FDOT and Prime FDOT Consultants. Two meetings with 4 team members present for each were required. P:\Tpa rnL4drnin-sl;pport\Corresponence\Tap Links 3 UWHCA Supplemen: Scope.doc 2 Exhibit B

40 Method of Compensation The City of Tampa Water Department shall compensate the Consultant the lump sum fee amount of Forty Thousand One Hundred Eighty Dollars for the scope of services specified in this requested supplement. The Consultant will invoice the City monthly based on the percent of work completed. Project Task Restructure Files Develop Plans Computation Books Quality Assurance Electronic Delivery Meetings FEE $ 3,090 $24,790 $ 2,460 $ 3,910 $ 1,810 $ 4,120 TOTAL ACCEPTANCE If the above scope and fees meet-your approval, please indicate-by your signature in the-.-- space provided below and return one copy to our office for our files. WADE TRIM, INC. CITY OF TAMPA a d.&- D. Trim, PE sen6 Vice President Date Date P!Tpa2035r01m~Adm~n-supportiCorres~~ndence';lsnpa Llnks 3 UWHCA Supplement Scope doc 3 Exhibit B

41 CITY OF TAMPA WATER DEPARTMENT Supplement to City of Tampa Work Order 6982 Utility Work by Highway Contractor Agreement (UWhCA) FPN , City of Tampa UWHCA Exhibit B-1 Project Description Scope of Services The Florida Department of Transportation (FDOT) is widening from the Howard Frankland Bridge to Himes Avenue. The UWHCA work required includes removing or placing out of service all of the existing City of Tampa watermains that are within the FDOT project zone of influence for the Links 3 segment under FPN The City of Tampa Water Department UWHCA project number is This supplement is to provide construction engineering and inspection services not included in the original scope of services, as required by the FDOT. 1.0 Construction Engineering and lnspection Services Wade Trim will provide construction engineering and inspection services. It is anticipated that the removal of the existing watermains within the project limits will take up to six (6) months will be performed during this task , ~. Method Of Compensation a. Attend the pre-construction meeting b. Construction observation (Part Time) c. Daily reports of contractor water main removal d. Weekly summary of quantities e. Prepare reimbursement reports, requests and invoices for construction engineering and inspection services The City of Tampa Water Department shall compensate the Consultant the lump sum fee amount of Thirty Six Thousand Four Hundred Sixty Dollars for the scope of services specified in this requested supplement. The Consultant will invoice the City monthly based on the percent of work completed. Project Task Task Construction Engineering and Inspection FEE $36,460 TOTAL $36,460 P ~,Tpa2003\01mv\dmtn-support\Correspo1~~ence\Tampa L~nks 3 UWHCA CEI Supplement Scope doc 1

42 ACCEPTANCE If the above scope and fees meet your approval, please indicate by your signature in the space provided below and return one copy to our office for our files. WADE TRIM, INC. CITY OF TAMPA Senior Vice President Date 2 Exhibit B-1 P \TpaZ003\01mvldm1n-support\Correspondence\Tampa L~nks 3 UWHCA CEI Supplement Scope doc

43 RESOLUTION NO , A RESOLUTION APPROVING ADDlTIONAL EXPENDITURES WITHIN AN EXI!jIlNG AWARD BETWEEN THE CrrY OF TAMPA AND FLEET ACQUISITIONS, LLC D/B/A FLEET PRODUCE FOR THE PURCHASE OF MISCELLANEOUS HEAVY EQUIPMENT BRAKE PARTS IN ME EmMATED AMOUNT OF $45, FOR USE BY THE DEPARTMENT OF PUBLIC WORKS/FLEET MAINTENANCE DIVISION; PROVIDING AN EFFECTNE DATE. WHEREAS, an award was approved by Budget Office Transmittal on October 18, 2000, to Fleet Acquisitions, LLC d/b/a Fleet Products for the purchase of Miscellaneous Heavy Equipment Brake Parts for use by the Department of Public Work/Fleet Maintenance Division, for an estimated annual expenditure of $75,000.00; and WHEREAS, the period of said award was extended for three additional one-year periods by Budget Office Transmittals on October 2, 2002, September 8, 2003, and September 22, 2004 respectively; and WHEREAS, the City anticipates additional estimated expenditures of $45, and it is in the best interest of the City to approve and authorize said additional purchases. NOW, THEREFORE, BE IT RESOLVED BY THE CrrY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. $85, That this Resolution shall effect a net dollar change of $45, over the estimated expenditure of Section 2. That additional expenditures within an existing award between the City of Tampa and Fleet Acquisitions, LLC d/b/a Fleet Products are hereby approved. Section 3. That funds for payment for such purchase shall be controlled by requisition. Section 4. That the proper officers of the City of Tampa are authorized to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY CO 0, FEB CHAIR/CHAIR PRO-TEM CITY COUNCIL ClTY CLERK/DEPUTY CrrY CLERK APPROVED AS TO LEGAL SUFFICIENCY BY JUSTIN R. VASKE, ASSISTANT CrrY AlTORNEY

44 RESOLUTION NO A RESOLUTION APPROVING THE BID OF OlTO ENVIRONMENTAL SYSTEMS (NC), LLC FOR THE PURCHASE OF UNIVERSAL CARTS, 64-GALLON AND 95-GALLON IN THE ESTIMATED AMOUNT OF $1,163, FOR USE BY THE SOLID WASTE DEPARTMENT; AUTHORIZING THE DIRECTOR OF PURCHASING TO PURCHASE SAID PROPERTY, SUPPLIES, MATERIALS OR SERVICES; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CrrY COUNCIL OF THE CrrY OF TAMPA, FLORIDA: Section 1. That the bid of Otto Environmental Systems (NC), LLC for the furnishing of: Universal Carts, 64-Gallon and 95-Gallon Bid # Estimated Expenditure: $1,163,000.00, such bid being the lowest responsible bid received therefor, is hereby approved; and the Director of Purchasing is hereby authorized to purchase same. Section 2. That the award period shall be for a one-year period from the effective date of the awarding or approving Resolution, and may be renewed on the same terms and conditions for two additional one-year periods. A price escalation/de-escalation is allowable one year after the beginning of the award period and at three-month intervals thereafter. Section 3. That funds for payment for such purchase are to be provided from Account No. SN0444A in the estimated amount of $700, in FY2006 and Account No. SN0444A in the estimated amount of $463, contingent upon available funds. Section 4. That the proper officers of the City of Tampa are authorized to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CrrY COUNCIL OF THE CrrY OF TAMPA, FLORIDA, ON FEB CrrY CLERK~DEP-UTY CrrY CLERK APPROVED AS TO LEGAL SUFFICIENCY: JUSTIN R. VASKE ASSISTANT CrrY AlTORNEY Page - 1 -

45 RESOLUTION NO A RESOLUTION APPROVING THE BID OF GREENTURF SERVICES, INC. FOR THE FURNISHING OF ALLEY TRIMMING AND/OR CLEARING SERVICES IN THE ESTIMATED AMOUNT OF $125, FOR USE BY THE SOLID WASTE DEPARTMENT; AUTHORIZING THE DIRECTOR OF PURCHASING TO PURCHASE SAID PROPERTY, SUPPLIES, MATERIALS OR SERVICES; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CrrY COUNCIL OF THE CrrY OF TAMPA, FLORIDA: Section 1. That the bid of Greenturf Services, Inc. for the furnishing of: Alley Trimming And/or Clearing Services Bid # Estimated Expenditure:$l25,000.00, such bid being the lowest responsible bid received therefor, is hereby approved; and the Director of Purchasing is hereby authorized to purchase same. Section 2. That the award period shall be for a one-year period from the effective date of the awarding or approving Resolution, and may be renewed on the same terms and conditions for two additional one-year periods. A price escalation/de-escalation is allowable one year after the beginning of the award period and at one-year intervals thereafter. Section 3. That funds for payment for such purchase are to be provided from Account No. SN0444A in the estimated amount of $65, in FY2006, and SN0444A in the estimated amount of $60, in FY2007 contingent upon available funds. Section 4. That the proper officers of the City of Tampa are authorized to do all things necessary and proper in order to cany out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CrrY COUNCIL OF THE C$Y OF TAMPA, FLORIDA, ON FEB ATTEST: CHAIRMAN, CHAIRMAN PRO-TEM~-Y COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: JUSTIN R. VASKE ASSISTANT CrrY ATTORNEY Page - 1 -

46 RESOLUTION NO r m Wastewaterlc A RESOLUTION APPROVING CHANGE ORDER NO. 1-FINAL AND APPROVING FINAL PAYMENT IN THE AMOUNT OF $22,344.00, RESULTING IN A FINAL CONTRACT AMOUNT OF $658, PERTAINING TO THE CONTRACT DATED JANUARY 26, 2005, BETWEEN THE CITY OF TAMPA AND KIMMINS CONTRACTING CORP., FOR CONSTRUCTION OF THE ORANGE TERRACE SEWER EXTENSION, (CONTRACT 20-04); PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No , on January 26, 2005, the City of Tampa, as owner, entered into a contract with Kimmins Contracting Corp. for construction of the Orange Terrace Sewer Extension, Contract 20-04; and WHEREAS, it is necessary to modify the Contract to provide for adjustment to quantities, exua work and to establish the substantial contract completion date of the project, and the Mayor of the City of Tampa so recommends; and WHEREAS, the Director of the Contract Administration Department has determined that the Contractor completed all work; therefore, the Mayor of the.city of Tampa recommends to the City Council of the City of Tampa that final payment be paid to the Contractor as full settlement for the completed work. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That modification of the Contract dated January 26, 2005, pertaining to the Orange Terrace Sewer Extension, as specified in Change Order No. 1-Final, a copy of which is attached hereto and made part hereof, and the Mayor's execution of said Change Order, are hereby approved and authorized. Section 2. That the Change Order approves adjustment to quantities and extra work, increasing the contract amount by $10,869.23, resulting in a revised contract amount of $658, and establishes the substantial contract completion date as July 26, Section 3. That all work performed by Kimmins Contracting Corp. for the Orange Terrace Sewer Extension, is hereby accepted as complete in accordance with the terms of the Contract between the City of Tampa and said Contractor. Section 4. That the proper officials of the City of Tampa are hereby authorized to draw a voucher in favor of Kimmins Contracting Corp. in the total amount of $22, as full settlement of all amounts due from the City of Tampa to said Contractor, which payment shall be noted in the Budget of the City of Tampa for the Fiscal Year ending September 30, 2006, Index Code No. SS0342PCJ-06300, $7,909.50; P-2060, $1,000.00; and Index Code No. WT0443BAB-06300, $13,

47 Section 5. That the proper officials of the City of Tampa are hereby authorized to do all things necessary in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Tampa, Florida, on FEB ATTEST: ChairmanlChairman Pro-Tem, City Council City ClerkJDeputy City Clerk Approved as to Legal Sufficiency By Justin R. Vaske, Assistant City Attorney

48 CONTRACTOR: Kirnmins Contracting Corp. CONTRACT CHANGE ORDER CITY OF TAMPA FLORIDA WASTEWATER DEPARTMENT CHANGE ORDER NO. 1 -FINAL ADDRESS: nd Avenue PAGE: 1 of 2 Tampa FL DATE: December 5,2005 PROJECT: Contract 20-04, Orange Terrace Sewer Extension REASON FOR CHANGE: To provide for adjustment to quantities, extra work and to establish the substantial contract completion date. ADJUSTMENT OF QUANTITIES The actual quantities installed on this project were less than the estimated quantities contained in the original contract by <$10,474.77>. The actual quantities are detailed in Attachment A and summarized as follows: Wastewater Department: <$l4,653.27> Water Department: $ TOTAL: <$1 0,474.77> I Item I No. 1. Description As~halt Curb (Proposed Change No. 1) Total $21, I 1 Remove and replace 1,334 linear feet of asphalt curb as follows: 1 I The Contractor was substantially complete on July 26, 2005 or 64-calendar days prior to the original contract completion date. Contract Start Date: January 26, 2005 Days to Complete: 245 Calendar Days Change Order No. I-F Time Extension: 0 Calendar Days Substantial Completion Date: July 26, 2005

49 ,.-, Change Order No. 1 -Final Contract 20-04, Orange Terrace Sewer Extension Kimmins Contracting Corp. Page 2 SUMMARY OF CONTRACT Contract Original Contract Change Order No. 1-F Quantity Adjustment Extra Work Revised Contract Amt. I Water I Wastewater Dept. $23, $ 4, $ 0.00 $ 4, $28, Dept. $623, <$14,653.27> $2 1, $ 6, $629, Total Original Contract Price: $- CO. 1-Final (Add): - $ Final Contract Price: w&@q-el Contract Authorized Contract Administration Department By Resolution No.: "~al~h L. Metcalf11, YE., Director Wastewater Depa 7""' Contract Dated: January 26,2005 Accepted By: Kimmins Contracting Corp. Robert Tggarden, ~cti!g Director 1John Ze n& ce oesident ~ontri tl4.dministration Department G APPROVED: Pam Iorio, Mayor APPROVED AS TO LEGAL SUFFICIENCY:

50 - OO'SLE$- SL- OO'S$ L66'1 AS (We9) ~U!PPOS Aq luawaeldatl W Z068 00'602' L$ 9'8 L '00'~9$ E9 AS 8 ~.P 1 'luaw=~eldatl YI~M~RS ala~3uo3 iuaueuad ~098 09'9L8'S$- S'08 OO'EL$ P6L AS ~3!q1,,g 'luawaeldatl Ae~a~ua atmu= 1uaueuuad 90~8 SZ'LPE$ E'LZ 09'21$ 8LS'9 1 AS - E n uo~auuo3 daa ap!s~no aloww ad!d 3~ -!a Y~I-8 OOLP 18 Jam WIM tnoueal3 3Ad 4W-9 099P EL El J~AW pue awer j aloquew ual tse3 009~ I OO'O$ 0'0 00'006'Z$ L e3 aloyuew ada1 (lws atwuo3 ~sma~d OOEP OO'O$ 0'0 00'9ZL$ 9 El am al04ue~ al~uo3 t s ~ ~ OOZP d OB'EOL$- L'L- OO'P LP$ EE dl law aloquew alanuo3 1sma~d OOLP WO$ 0'0 o~'ooo'~$ L El aseg daa a16u!s qoquely ap.ouo3 JswaJd Z'OOOP OO'O$ 0'0 oo'oos'z$ S e3 aseg qoquew a1wuo3 ~sma~d L'OOOP OO'OOb'Z$ 0'8 OO'OOE$ Z El I JaldePV p!b!tl Pul-8 80% OO'O$ 0'0 OO'OEZ$ L El I 6u!1dno3 awalj tw-8 80% 00'Ofl- 0' L- OO'Ofl L n(d - 3Ad - Pul LL El ~ A M d!d 3Ad Pulg Aq Pul-8 90'80LZ OOP'Z 4 (0063 EL 13 VMMV uaaj9) laatel d!d 3Ad P U N LO 90LL NOISN3lX3 t13m3s 33Wt13133NtMO 'PO-OZ 13WlN03 V ln3wh3vllv

51 W-6101 W Furnishjap 8 Install Y4" or 1' HDPE Meter Svc. (+1580') Furnish. Tap & Install 314" or 1" Dual Meter Svc. (+15-80') Lawn Replacement by Sodding (Bahia) Ea Ea SY $ $ $ (1.O) $ $ $2, SUBTOTAL : $4, TOTAL: -$lo,

52 STATE OF FLORIDA 1 )ss. COUNTY OF HILLSBOROUGH ) AFFIDAVIT OF CONTRACTOR IN CONNECTION WITH FINAL PAYMENT BEFORE ME, the undersigned authority, personally appeared John Zemina, Vice President, to me well known to be the individual described in and who executed this Affidavit, who being by me frst duly sworn deposes and says: That he is Vice President of Kimmins Contracting Corp. the Contractor under Contract with the City of Tampa for Contract 20-04, Orange Terrace Sewer Extension, and he certifies: That all bills for labor, service, materials, equipment, supplies, andlor subcontractors in connection with the work performed by Kimmins Contracting Corp. under and pursuant to the provisions of said Contract dated January 26, 2005, have been paid (except as noted below): List of Exceptions A. National Waterworks B. Ferguson hterprises C. T.E. Taylor Co. Amount Owed $2, $ $5, and that there are no suits pending or threatened to be brought in connection with the work done or labor andlor materials supplied under said Contract except as hereinbelow listed: List of Pending Suits A. None B. C. ('there are no exceptions,please write "NONE" in the area above.); and That the City of Tampa is hereby released from any claims which may arise out of said Contract; and That this Affidavit is made and submitted pursuant to the provisions contained in the Contract in order, that the Contractor may receive final payment. Kimmins Contracting Corp, Sworn to and subscribed before me this Contractor % " 16th day lkdx A.D., A rili/.- A- h Notary Public, State of_eac!nda (Typed & Title) My Commission Expires: C--.N"C-Y COLLEEN hri.slm0n ( id ', COMlrlSSlCN if DD \ EXPIRES June \ c ) MW-BNOTARV FL Nolary Service C Banding. lnc. ' -._.C.C.M.'-.---w-.----'

53 CONSENT OF SURETY Bond No , The - - Surety on the contract for Contract 20-04, Orange Terrace Sewer Extension, between the City of Tampa and Kimmins Contracting Corp. being aware of amounts as delineated in the affidavit executed by John Zemina, Vice President of Kimmins Contracting Corp. on said project, hereby consents to and approves the final payment by the City of the stipulated balance due on the aforesaid Contract to Kimmins Contracting Corp. with the understanding that the Surety will extend the obligation of the Payment Bond and Performance Bond for the payment of any and all legitimate claims in connection with said Project which may be made against Kimmins Contracting Corp. or against the City of Tampa until such time as the outstanding claims have been paid, settled or compromised; and said Surety will hold the City harmless h m any claims, disputes, or litigation which may ensue because the City is making final Sworn to and subscribed before me this 14th Attorney in Fact for: Anett Cardinale Fidelity and Deposit Co-y Inquiries: (813) of Maryland NOTARY PUBLIC ' / State of F'o"da /&/,4,.. I I'.. " Marianella ~arriola My Commission Expires: My 5 th, 2008.o A % Marianella Batnola "'""' Atlantic Bonding Co., Inc.

54 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State ofmaryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,,y$PtFarc set forth on the reverse side hereof and are hereby certified to be in 111 force and effect on the date her^p*~s~/06~by nominate, constitute and appoint James W. DUNN, David H. CARR, Kimberly A. T AVM " I " i" e " j B " kb ln "WE and Denise TAYLOR, all oftampa, Florida, EACH its true and 1awfi"3pif"~~A]j""-"pa"\(S"i~"J"cuie, seal and deliver, for, and on its behalfas surety, and as its act and deeaaaala('d:iihabnaia"'in"d"jk~tias,~and the execution ofsuch bonds or undertakings in pursuance of t_he""s"~~- rb"'as -i~inyj lr\aw'kra~mpan. as fully and amply, to all intents and purposes, as if they 1"a"~~~~pe"ec'~b.@afitf~'~$r1.r'\1~(i~~3 by the regularly elected officers of the Company at its office in ~altimox%~"d4"t~du~~~n~rfl~i9"~~id~?jrts power of attorney revokes that issued on behalf of James W. DUNN, David H. c k"k"mbej 0xj""~""t~~~i~inda J. MEYER, Anetl CARDINALE, dated January 30, The said Assistant S "eat;ycaeshereby certify that the exhct set f d on the reverse side hereof is a true copy of Article VI, Section 2, ofthe ~ ~-~b~stksaid Company, and is now in force. IN WITNESS WHEREOF, the said Vice-president and Assistant Secretary have hereunto subscribed their names and afied the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 st day of November, A.D ATEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND State of Maryland ss: City of Baltimore J By: Eric D. Barnes Assistant Secretary William J. Mills Vice President On this 1st day of November, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known. to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and beins by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid and that the seal afied to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly aff~ed and subscribed to the said instrument by the authority and direction of the said corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Oficial Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July POA-F

55 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior Vice-Presidenis or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any- one of the Assistant Secretaries, to appoint Resident Vice-presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases arix &kignments' of judgements, 'decrees, mortgages and instruments in the nature of mortgages,... and to aeii the seal ofthe.c6mpany 'thereto.":.....'..:.. CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in 111 force and effect on the date of this certificate; and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fad as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority ofthe following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affied the corporate seal of the said Company, this 14 lh da; of December 2005 Assistant Secreuny

56 City of Tampa, Wastewater Department. Analysis of Work Performed Report 2515 Guy N. Verger Blvd., Tampa. FL 33605, , Fax: Month No. FINAL Project Name orange Terrace Sewer Extension Contract No.:20M Contr. Est. No.: 6 Contractor's Name:Kimmins Contracitng Corp, Period From: FINAL Period To: BILLING CHANGEORDER I I ANALYSIS OF WORK PERFORMED. Original Contract Amount OO, Value of Approved Change Orders 10, Adjusted Contract Amount 658, Value of Orisihal Contract Work reformed to date nn. Value of ~pproved Change Order Work preformed to date 10, Total Value of work ~reformed to date 658 nnn 7s. Less amount retained Percent 0.0% Net amount earned on contract work to date Add: Materials stored at close of this period - Less 10 percent (attach detail schedule) Less Amount of previous payments 635, Balance Due this Period 77 9AA nn CERTIFICATION BY CONTRACTOR certify that all items and amounts shown on this monthly estimate are correct; that all work has been performed andlor material supplied in full accordance with le terms of the contract between the City of Tampa and (immins Contracting Corp. 26-Jan-05 Contract Date Jo i Zemina - Vice President 1'1. 23-Jan-06 Current Date CERTIFICATION BY ENGINEER II certify that account6 is correct and just and that the terms ofwork specified therein have been done.

57 RESOLUTION NO A RESOLUTION APPROVING A FIFTH AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAMPA AND RELIASTAR LIFE INSURANCE COMPANY FOR THE CONTINUED PROVISION OF BASIC TERM LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT GROUP INSURANCE; AUTHORIZING THE EXECUTION THEREOF BY THE MAYOR OF THE CITY OF TAMPA; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on December 10, 1998, the City of Tampa and RELIASTAR entered into a Memorandum of Understanding, (hereinafter referred to as the "Original MOU"), for the provision of Basic Term Life and Accidental Death and Dismemberment Group Insurance; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on February 17,2000, the parties hereto entered into an Amendment to Original MOU for the inclusion of an Assistance Service Agreement for services relative to the terms and conditions of the Basic Accidental Death and Dismemberment Insurance Policy; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on December 13, 2001, the parties hereto entered into a Second Amendment to Original MOU, as amended, for the purpose of increasing the monthly premium rates, for the purpose of extending the premium rate periods, to clarify the Schedule of Benefits for retired employees that are subsequently rehired by the City and to provide for a waiver of premiums as it pertains to disabled workers; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on January 23, 2003, the parties hereto entered into a Third Amendment to Original MOU, as amended, for the purpose of increasing the Accidental Death and Dismemberment monthly premium rate for a guaranteed period; and to substitute Exhibit C with a revised Exhibit C; and to delete Exhibit E in its entirety; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council ofthe City of Tampa on March 17, 2005, the parties hereto entered into a Fourth Amendment to the Original MOU, as amended, for the purpose of decreasing the premium rate for both the Life and Accidental Death and Dismemberment monthly premium rate for a guaranteed period and to amend the premium rate period. WHEREAS, it is the desire of the City to further amend the Original MOU, as amended, by entering into a Fifth Amendment to the Memorandum of Understanding (hereinafter "Fifth Amendment to the MOU"), to enhance the Schedule of Benefits for certain defined employee classes; to increase the monthly premium rate and extend the guaranteed rate period for the Basic Life; and to extend the guaranteed rate period for the Accidental Death and Dismemberment coverage. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW THEREFORE, Section 1. That the Fifth Amendment to the Memorandum of Understanding between the City of Tampa and RELIASTAR, a copy of which is attached hereto and made a part hereof, is hereby approved in its entirety.

58 Section 2. That the consideration for the services rendered pursuant to said Fifth Amendment to Memorandum of Understanding will be provided in FY2006 from Basic Life Account Number NDA not to exceed $616, and AD&D Account Number NDA not to exceed $1 30,600. In FY2007, consideration will be provided (contingent upon availability of fimds) from Basic Life Account Number NDA not to exceed $205, and AD&D Account Number NDA not to exceed $43, Section 3. That the Mayor is authorized to execute and the City Clerk to attest and to affix the official Seal of the City of Tampa to said Fifth Amendment to Memorandum of Understanding on behalf of the City. Section 4. That the proper officers of the City of Tampa are hereby authorized to do all things necessary in order to carry out the provisions of this Resolution, which shall take effect, retroactively to January 1,2006. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON CITY CLERKIDEPUTY CITY CLERK CHAIRMAN, CITY COUCIL APPROVED AS TO FORM: MARCELLA HAMILTON ASSISTANT CITY ATTORNEY

59 FIFTH AMENDMENT TO THE ORIGTNAL MEMORANDUM OF UNDERSTANDTNG THIS FIFTH AMENDMENT TO MEMORANDUM OF UNDERSTANDING, made and entered into this day of,2006 at Tampa, Florida by and between the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as OCityO, the business address of which is City Hall, 3 15 E. Kennedy Boulevard, Tampa, Florida 33602, and ReliaStar Life Insurance Company, a corporation licensed to do business in the State of Florida, hereinafter referred to as ORELIASTAR,~ the business address of which is 20 Washington Avenue South, Minneapolis, MN WHEREAS, pursuant to the authority contained in Resolution No , passed and adopted by the City Council of the City of Tampa on December 10, 1998, the City of Tampa and RELIASTAR entered into a Memorandum of Understanding (MOU), hereinafter referred to as the OOriginal MOU,O as amended by Resolution No , for the inclusion of an Assistance Service Agreement for services relative to the terms and conditions of the Basic Accidental Death and Dismemberment Insurance Policy; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on February 17,2000, the parties hereto entered into an Amendment to Original MOU for the inclusion of an Assistance Service Agreement for services relative to the terms and conditions of the Basic Accidental Death and Dismemberment Insurance Policy; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on December 13,2001, the parties hereto entered into a Second Amendment to Original MOU, as amended, for the purpose of increasing the monthly premium rates, for the purpose of extending the premium rate periods, to clarify the Schedule of Benefits for retired employees that are subsequently rehired by the City and to provide for a waiver of premiums as it pertains to disabled workers; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on January 23, 2003, the parties hereto entered into a Third Amendment to Original MOU, as amended, for the purpose of increasing the Accidental Death and Dismemberment monthly premium rate for a guaranteed period; and to substitute Exhibit C with a revised Exhibit C; and to delete Exhibit E in its entirety; and WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council ofthe City of Tampa on March 17, 2005, the parties hereto entered into a Fourth Amendment to the Original MOU, as amended, for the purpose of decreasing the premium rate for both the Life and Accidental Death and Dismemberment monthly premium rate for a guaranteed period and to amend the premium rate period. WHEREAS, it is the desire ofthe City to further amend the Original MOU, as amended, by entering into afifth Amendment to the Memorandum of Understanding (hereinafter "Fifth Amendment to the MOU"), to enhance the Schedule of Benefits for certain defined employee classes; to increase the monthly premium rate and extend the guaranteed rate period for the Basic Life; and to extend the guaranteed rate period for the Accidental Death and Dismemberment coverage. NOW THEREFORE, in consideration ofthe mutual covenants, promises, and representations contained herein, and in the Original MOU, as amended, the parties hereto agree as follows: 1. That Article 11, Paragraph A of the Original MOU, as amended, is hereby further amended by increasingthe Employee Life Insurance monthly premium rate per unit from $.28 to $.30. and maintaining the Employee Accidental Death

60 and Dismemberment at the monthly premium rate per unit of $ That Article 11, Paragraph B, 2., of the Original MOU, as amended, is hereby further amended to read as follows: "B. These non-participating rates for Employee Life and Accidental Death and Dismemberment are guaranteed from January 1,2006 through December 3 1, 2006 and will be renegotiated at that time." 3. That the pages in the Certificate of Coverage attached to the original Memorandum of Understanding as Exhibit C, entitled Schedule of Benefits, be deleted in their entirety and replaced with the attached, and by reference made part hereof. 4. A11 of the terms and conditions of the Original MOU, as amended, which will not conflict with this Fifth Amendment to the MOU, are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to the Original MOU to be executed at the place and on the date hereinabove first written. ATTEST: CITY OF TAMPA CITY CLERKDEPUTY CITY CLERK PAM IORIO, MAYOR ATTEST: RELIASTAR LIFE INSURANCE COMPANY RELIASTAR LIFE INSURANCE CORPORATE SECRETARY VICE-PRESIDENT APPROVED AS TO FORM: MARCELLA HAMILTON ASSISTANT CITY ATTORNEY H:Resolutions\Life and AD&D Fifth Amendment

61 ING RELIASTAR LIFE INSURANCE COMPANY CERTIFICATE BOOKLET RIDER City of Tampa GAT Your certificate B-6144 has been changed as follows. Please insert this rider in your certificate. This rider is subject to all of the terms of the Group Policy. I. SCHEDULE OF BENEFITS Your Schedule of Benefits is changed to read as follows: Life Insurance, Accidental Death and Dismemberment (AD&D) lnsurance Classification All Employees under the Police Benevolent Association and Police Lieutenants. All Employees under the International Association of Firefighters. Amount of Life lnsurance One times your Basic Yearly Earnings, to a maximum of $50,000. One times your Basic Yearly Earnings, to a maximum of $50,000. Full Amount of AD&D lnsurance One times your Basic Yearly Earnings, to a maximum of $50, One times your Basic Yearly Earnings, to a maximum of $50,000.

62 1 I Classification With a salary up to $37,500. All Employees under the Amalgamated Transit Union. All elected, appointed and unclassified Officials. Assistant City Attorneys; Classified and Unclassified fulltime Managers. Police personnel at the rank of Captains or above; Fire personnel at the rank of Division Chief or above. Fulltime Supervisors and Professional Administrative and Technical Emplovees: With a salary of $37,501 Or Amount of Life Insurance $37,500 One times your Basic Yearly Earnings, to a maximum of $150, ance Full Amount of AD&D Insur- One times your Basic Yearly Earnings, to a maximum of $1 50,000. Life lnsurance I Classification T Amount of Life lnsurance Former employees in the following categories who retired before December 2, 1979: All Full-time Employees under the Amalgamated Transit Union and all elected, appointed and unclassified officials; City Attorneys; Classified and Unclassified Full-time Managers; Police personnel at the rank of Lieutenant or above; Full-time Supervisors and Professional, Administrative and Technical Employees. All Employees under the International Association of Firefighters who retired before October 1, All Employees under the Police Benevolent Association who retired before October

63 I ~lassification -- Former employees in the following categories who retired on or after December 2, 1979 but before October 1, 1988: All Full-time Employees under the Amalgamated Transjt Union and all elected, appointed and unclassified officials; City Attorneys; Classified and Unclassified Full-time Managers; Police personnel at the rank of Lieutenant or above; Full-time Supervisors and Professional, Administrative and Technical Employees. I All Employees under the Police Benevolent Association who retired on or after October 21, 1982 but before October 1, All Employees under the International Association of Firefighters who retired on or after March I, 1980 but before October 1, Former employees in the following categories who retired on or after October 1, 1988: I Amount of ~ife insurance All elected, appointed and unclassified officials; City Attorneys; Classified and Unclassified Full-time Managers; Police personnel at the rank of Lieutenant or above; Fulltime Supervisors and Professional, Administrative and Technical Em~lovees. All Employees under the Police Benevolent Association. I $3,000 All Employees under the International $3,000 Association of Firefighters who retired on or after October 1, N B (Qty)

64 Classification All Employees under the Amalgamated Transit Union who retired on or after October I, 1988 but before October 1, All Employees under the Amalgamated Transit Union who retired on or after October 1, Amount of Life Insurance I Basic Yearly Earnings - the yearly salary or wage you receive for work done for the Policyholder. It does not include bonuses, commissions, or overtime pay. Accelerated Life Benefit This benefit is equal to 50% of your amount of Life lnsurance in force, or $25,000, whichever is less. This benefit is available to employees only. Employees must have at least $10,000 in Life lnsurance coverage in force to qualify for this benefit. NOTE: Effective January I, 2000*, no employee shall be insured under two different classes within the City of Tampa's life insurance policy. *In the event an employee retires with the City of Tampa and retains a retiree benefit that is specific to the class the employee retires under, and is then subsequently rehired by the City of Tampa for work, the employee who now may qualify for two different retiree benefits will be entitled to the greater of the two benefits, but not both. If when the employee retires and is rehired by the City of Tampa for work, but does not qualify for a retiree benefit under the new class hired into, but did qualify for a retiree benefit when first retired, the employee would then be entitled to the retiree benefit that would have been due at the date of the employee's first retirement date. If when the employee retires and does does not retire with a benefit due to the fact the employee never enrolled in the life insurance plan applicable during the eligibility period, and the employee subsequently is rehired for work at the City of Tampa, if the employee qualifies for a retiree benefit at the second retirement date, proof of good health will be required.

65 II. EFFECTIVE DATE This Certificate Booklet Rider is effective for you on the latest of the following dates: January 1, The effective date of your insurance. The date you return to active work if you are not actively at work on the date this Rider would otherwise start.

66 RESOLUTION NO 'd 'd A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006; APPROVING THE TRANSFER, REALLOCATION AND/OR APPROPRIATION OF $40, WITHIN THE SOCIAL SERVICES BLOCK GRANT FUND FOR FACILITATING FUND CLOSE OUT; PROVIDING AN EFFECTIVE DATE. WHEREAS, additional revenue or unappropriated surplus, or funds previously appropriated which are no longer needed for their original purpose, are available for transfer, reallocation and/or appropriation to accounts within the Social Services Block Grant Fund, and such transfer, reallocation and/or appropriation is for a necessary municipal purpose; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Now, Therefore, Section 1. The transfer, reallocation and/or appropriation of the sum of $40, within the Social Services Block Grant Fund, as set forth below, is hereby approved. SOCIAL SERVICES BLOCK GRANT FUND Anticipated Revenue: A/C: GR1 C CY GLR EC Interest Earned $ 35, GR1 C CY GLR EZ Interest Earned 4, Total $ 39, Transfer To: A/C: GRlC CY0139-6GLR EZ Deferred Payments $ 10, Transfer From: A/C: GRlC CY0139-5GLR Enterprise Community $ 16, GR1 C CY GLR Enterprise Community 1, GRlC CY GLR Enterprise Zone 72, Total 90, Total Revenue Decrease $40,036.29

67 Transfer From: A/C: BC101C CY0139-5EZC EC Administration $ 0.03 BC 101 C CY0139-5PLM Palmetto Beach Community Center 0.59 BC101C CY0139-5TCD Tampa Bay Community Develop. Council 20, BC 101C CY0139-5TUL Tampa Urban League 24, BC 101 C CY0139-6AGW Aging Services Working Seniors BC101C CY0139-6BGC Boys and Girls Club BC 101 C CY CDE Tampa - Hillsborough CDC Enterprise 495.OO BC 101 C CY CDR Tampa - Hillsborough CDC Roots BC 101 C CY EZA EZ Administration BC 101 C CY0139-6NNW National Council Negro Women 1, BC 101C CY0139-6SHI Center for Women Sr. Home Improvement 0.06 PRO 11 C CY PRD Parks Department PRO 11 C CY PRD Parks Department 0.29 PRO 11 C CY PRD Parks Department 1, ND04 1 C CY MLP Micro Loan Pool 5, Total $ 55, Transfer To: A/C: BC101C CY0139-5EZC EC Administration $ 0.23 BC101C CY0139-6EZA EZ Administration 0.25 BC 101 C CY WSC Senior Companion Program 15, PRO 11 C CY PRD Parks Department Total 15, Total Expense Decrease $40, Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30, 2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor. Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption.

68 PASSED AND ADOPTED b FEB ATTEST: ~ ~ J Y L c. ~ - 'in& Z ~ CITY CLERKIDEPUTY CITY CLERK FEB APPROVED by me this APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY K:\Resos2006\4 184TH doc

69 RESOLUTION NO A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006; APPROVING THE TRANSFER, REALLOCATION AND APPROPRlATION OF $ WITHIN THE TRANSPORTATION IMPACT FEE REVENUE AND CONSTRUCTION FUNDS REFUNDING IMPACT FEES PAID IN ERROR BY AMSCO BUILDERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, additional revenue or unappropriated surplus, or funds previously appropriated which are no longer needed for their original purpose, are available for transfer, reallocation and/or appropriation to accounts within the Transportation Impact Fee Revenue and Construction Funds, and such transfer, reallocation and/or appropriation is for a necessary municipal purpose; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Section 1. The transfer, reallocation and/or appropriation of the sum of $ within the Transportation Impact Fee Revenue and Construction Funds, as set forth below, is hereby approved. TRANSPORTATION IMPACT FEE REVENUE FUND Anticipated Revenue: PWOl628O Central East District Revenue Appropriated In: PWO Transfer to Impact Fee Construction Fund $ TRANSPORTATION IMPACT FEE CONSTRUCTION FUND Transfer From: NDO Transfer from Central East Construction Fund $ Transfer To: PW04380DD Central East District TIF Refund Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30, 2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor.

70 Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. CITY CLERKDEPUTY CITY CLERK APPROVED by me this FEB APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY K.\RESOS2006\4191 Ejp PAM IORIO, MAYOR

71 RESOLUTION NO A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE ClTY OF TAMPA AND THE GREATER TAMPA CHAMBER OF COMMERCE FOR THE PERFORMANCE OF CERTAIN PROFESSIONAL SERVICES FOR CONSIDERATION IN AN AMOUNT NOT TO EXCEED $320,000.00, FOR THE USE OF THE DEPARTMENT OF BUSINESS AND HOUSING DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA, THAT: Section 1. The Agreement between the City of Tampa and the Greater Tampa Chamber of Commerce, a copy of which is attached hereto and by reference made part hereof, is hereby approved. Section 2. The Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City. Section 3. Consideration for the services to be provided under said Agreement shall be paid from Account No. ND , not to exceed $320, Section 4. The proper officers of the City of Tampa are hereby authorized to do all things necessary and proper in order to carry out the terms and conditions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA NUNC PRO TUNC, ON ATTEST: CITY CLERK CHAIRMAN, CITY COUNCIL APPROVED AS TO FORM: SALVATORE TERRITO SENIOR ASSISTANT ClTY ATTORNEY

72 AGREEMENT BETWEEN THE CITY OF TAMPA AND THE GREATER TAMPA CHAMBER OF COMMERCE THIS AGREEMENT, made in triplicate at Tampa, Florida, on this 1st day of October, 2004, by and between the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida, herein referred to as the "City", the address of which is City Hall, 306 E. Jackson Street, 2 East, Tampa, Florida and the Greater Tampa Chamber of Commerce, herein referred to as "Contractor", the business address of which is 615 Channelside Drive, Suite 108, Tampa, Florida WHEREAS, the City desires to engage the Contractor to render certain marketing, employment generation and economic development services for the benefit of the residents of the City. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES Contractor shall, using its expert staff and members, carry out or cause to be carried out marketing, employment generation and economic development programs as described in Exhibit A, attached hereto and made a part hereof and shall provide said services through the Committee of 100. ARTICLE II. PERIOD OF AGREEMENT This Agreement shall commence retroactively to October 1, 2005 and shall continue in full force and effect until September 30, 2006, unless this Agreement is otherwise earlier cancelled as hereinafter provided, or unless extended by written agreement of the parties. ARTICLE Ill. CONSIDERATION City shall pay to Contractor, and Contractor shall accept from City as full consideration for its services under this Agreement, a sum not to exceed $320,000.00, including out-of-pocket expenses. No other costs or expenses incurred by Contractor or on its behalf shall be chargeable to City unless specifically authorized under this Agreement. ARTICLE IV. PAYMENTS Payments shall be made to Contractor on a quarterly reimbursement basis for the services set forth in Exhibit A hereof. Contractor shall submit quarterly invoices in the amount of $80, to the City's Economic Development Administrator within 30 days following the end of each quarter during the period of this Agreement. Upon completion of the services to be provided under the agreement, the City shall pay the Contractor the final quarterly payment not to exceed $80,

73 ARTICLE V. CANCELLATION This Agreement is subject to cancellation by either party on 30 days advance written notice to the other at its address as hereinabove specified. In the event of such cancellation and if Contractor claims it is entitled to compensation for any reimbursable expenses necessarily incurred in the satisfactory performance of the provisions of this Agreement to date of cancellation, it shall comply with ARTICLE IV, hereof. ARTICLE VI. MODIFICATION TO SCOPE OF SERVICES Modifications in the scope of services of Contractor to be performed hereunder shall include the following provision: any increase or decrease in the amount of Contractor's compensation must have prior written approval from City and must be incorporated in a written amendment hereto. ARTICLE VII. INTEREST OF MEMBERS OF CITY No members of the governing body of City and any other officer, official, employee, or agent of City who exercises any functions or responsibilities in connection with the carrying out of the services to which this Agreement pertains shall have any personal interest, direct or indirect, in this Agreement. ARTICLE VIII. INTEREST OF CONTRACTOR Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any project to which this Agreement pertains or any other interest which would conflict in any manner or degree with its performance of any contracted service hereunder. Contractor further covenants that in the performance of this Agreement no person having such interest shall be employed. ARTICLE IX. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, ordinances and codes of the United States, the State of Florida, and City, including but not limited to, City's ordinances and policies regarding Women and Minority Business Enterprise, Equal Employment Opportunity, Affirmative Action, Human Rights and Ethics. Moreover, the Contractor acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Contractor shall ensure that no City employee receives any such benefit or interest as a result of this Agreement. ARTICLE X. MAINTENANCE OF RECORDS Contractor shall maintain such records and accounts including property and financial records as are necessary to assure a proper accounting of all funds expended pursuant to this Agreement. ARTICLE XI. FINANCIAL REPORTING & BUDGETING Contractor will conduct an annual audit of its entire operations. The annual audit report will include, as an audited schedule, the operating activity and fund balance of the C-100 in

74 sufficient detail to note private and public funding sources and major expenditures, including overhead allocations. The annual budget of the C-100, including the Chamber's intra organizational allocations model, shall be approved in advance by the C-100 Steering Committee and the Chamber's Finance Committee. ARTICLE XII. OWNERSHIP OF DOCUMENTS All documents, including detailed reports, plans, brochures, publications, and all other related data, prepared or obtained by Contractor in conjunction with this Agreement are, and shall remain, the property of Contractor. ARTICLE XIII. NEGATION OF AGENT OR EMPLOYEE STATUS Contractor shall perform this Agreement as an independent agency, and nothing contained herein shall in any way be construed to constitute Contractor or the assistants of Contractor to be representatives, agents, subagents, or employees of City or any political subdivision of the State of Florida. Contractor certifies Contractor's understanding that City is not required to withhold any federal income tax, social security tax, state and local tax; to secure workers' compensation insurance or employer's liability insurance of any kind; or to take any other action with respect to the insurance or taxes of Contractor and assistants of Contractor. In no event and under no circumstances shall any provision of this Agreement make City or any political subdivision of the State of Florida liable to any person or entity that contracts with or that provides goods andlor services to Contractor in connection with the services Contractor has agreed to perform hereunder or otherwise, or for any debts or claims of any nature accruing to any person or entity against Contractor; and there is no contractual relationship, either express or implied, between City or any political subdivision of the State of Florida and any person or entity supplying any work, labor, services, goods or materials to Contractor as a result of the provision of the services provided by Contractor hereunder or otherwise. ARTICLE XIV. SUBCONTRACTS Contractor shall submit to City for approval all contracts which Contractor shall make or proposes to make in connection with its performance of services hereunder. Such approval shall not be unreasonably withheld. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each Article set forth in this Agreement. ARTICLE XV. INDEMNIFICATION Contractor shall defend, hold harmless, and indemnify City from and against any and all liability, injury, loss, claims, damages, costs, attorneys' fees and expenses of whatever kind or nature which City may sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to Contractor, fraud, defalcation or dishonesty on the part of any person representing or employed by Contractor, or by reason or as a result of any act, omission, wrongdoing, misconduct, want of care or skill, negligence or default, on the part of Contractor in the execution or performance of this Agreement. Contractor's obligation to indemnify City hereunder shall survive the expiration or cancellation of this Agreement.

75 In the event that any action, suit or proceeding is brought against City upon any liability arising out of this Agreement, or any other matter indemnified against, City at once shall give notice in writing thereof to Contractor by registered or certified mail addressed to Contractor at its address herein above given. Upon receiving such notice, Contractor, at its own expense, shall defend against such action and take all such steps as may be necessary or proper therein to prevent the obtaining of a judgment against City. ARTICLE XVI. ASSIGNABILITY Contractor shall not assign or transfer any interest in this Agreement, ARTICLE XVII. MODIFICATION, AMENDMENT OR EXTENSION This Agreement may not be modified, amended or extended orally. ARTICLE XVIII. HEADINGS All articles and descriptive headings or paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOF, I the parties hereto have caused this Agreement to be executed at the place and on the day hereinabove first written. ATTEST: CITY OF TAMPA ClTY CLERK PAM IORIO, MAYOR WITNESSES: THE GREATER TAMPA CHAMBER OF COMMERCE BY: PRESIDENT The execution of this document was authorized by Resolution No SALVATORE TERRITO SENIOR ASSISTANT ClTY ATTORNEY

76 Exhibit A Scope of Services City of Tampa - Greater Tampa Chamber of CommercelCommittee of One Hundred J Focus for 2006 Provide real estate (including available sites, rates, etc.), demoqraphic, quality of life, workforce and salary, educational, and other pertinent general regional information and data to corporate real estate officials, site selection consultants, tenant real estate brokers and others who work with companies seeking to expand or relocate operations here to the communitv, as well as those working with existinn companies. We will continue to work with Enterprise Florida Inc., Tampa Bay Partnership, and our local investors in identifvina lead for our community regarding o~portunities; in addition to attend and coordinate local, national, and international conferences, trade shows, missions, and events where potential relocation, expansion, and retention opportunities exist for our community. Plus, we will assist companies once they have made the decision to relocate employees to this area, which is an additional service to companies interested in this community. Attract new jobs and businesses to the City of Tampa Goal: to attract approximately 18 new companies to the TampalHillsborough Area (with special emphases on financial services, manufacturing, distribution, headquarters, foreign investment, and biosciences) Financial ServiceslMnfrglDistributionlHeadquarters Action Steps o Create database of companies to target - approximately 2500 o Host Familiarization Tour o Conduct targeted trips to various markets (e.g. New York, Toronto, Atlanta, Chicago, Dallas, Seattle) to meet with real estate executiveslsite selection consultantslreal estate brokers o Send out direct mail to targeted companies Bioscience Action Steps Redesign Internet p;esence to provide focused data and quantitative information for site location consultants and executive decision makers. Develop collateral support materials, and the inventory of key assets, bioscience industry cluster, supporting publications, and case studies highlighting bioscience technology capabilities and expertise. Develop Tampa Bay identity and branding strategy to generate and receive bioscience industry site location leads. Develop a schedule for proactive campaigns for the direct marketing of communication materials Create and maintain databases of existing Tampa Bay targeted companies that have high potential for growth Identify and assist entrepreneurial faculty, staff, and students launching high quality start-up business ventures. To identify potential collaboration and commercial partners.

77 International TradelDirect Investment Action Steps Strengthen strategic alliances with key stakeholders including the City of Tampa, Hillsborough County, Tampa Port Authority, Tampa International Airport, Enterprise Florida, THIPO, Tampa Bay Convention and Visitors Bureau, higher education, U.S. Department of Commerce's Export Assistance Center, and the Tampa Bay Partnership to build synergy and focused cooperation to build upon Tampa's base as an international business center. Support Mayor's regional international efforts Organize and co-sponsor educational programs and trade promotion programs to help international business community improve and grow international operations. Buildllmprove international trade and investment database and website Provide input and coordinate with Chamber's Public Policy Committee to make sure Continue to attractiincrease the number of Consular Offices in Tampa, particularly from countries with mutual business interests identified by key stakeholders. Set goals to increase the number of C100 investors actively involved in international business. Retain existing companies and jobs within the City of Tampa Goal: retain and assist approximately 20 local companies with expansion needs or issues as they relate to their existing operation. Increase local, national, and international presence Goal: to develop new marketing collateral and advertising plan for prospective clients and customers = Increase research and analysis capabilities Goal: improve response time and increase inventory of demographics and data supply making this area a "one-stop" for information. Track benchmarks (indicators) used to measure our growth and economy Goal: Development list of indicators we can use to measure ourselves against some competitor communities (cities) Provide Quarterly Reports, including budget, to the City of Tampa regarding overall progress Meet with the City's economic development department monthly to discuss economic development related issues. Conduct 10 outbound, nationally and internationally, missions for the purpose of attracting and retaining companies to the area

78 RESOLUTION NO R.E.D. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED BY DONATION FROM ST JOSEPH'S HOSPITAL, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, TO THE ClTY OF TAMPA; SAID PROPERTY BEING REQUIRED TO BE DONATED PURSUANT TO ORDINANCE NO AS A LINEAR BUFFER AREA OR PARK IN THE VICINITY OF NORTH GOMEZ AVENUE AND WEST LAKE AVENUE, TAMPA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa has requested St Joseph's Hospital, Inc., a Florida notfor-profit Corporation to grant to the City of Tampa a Warranty Deed as a required condition of City of Tampa's Ordinance No dated January 30, 2003 for a Linear Park as depicted on the map attached hereto; and WHEREAS, St Joseph's Hospital, Inc., a Florida not-for-profit Corporation, has agreed to transfer to the City of Tampa, a parcel of real property located in the vicinity of North Gomez and West Lake Avenue, Tampa, Florida, as more particularly described in the Warranty Deed attached to this resolution; and land. WHEREAS, it is desirable that the City of Tampa accepts this Warranty Deed to said NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. That the City of Tampa hereby accepts a Warranty Deed executed by St Joseph's Hospital, Inc., a Florida not-for-profit Corporation, by donation, in favor of the City of Tampa, which is situate, lying and being in the County of Hillsborough and State of Florida, more particularly described in and by said Warranty Deed, a copy of which is attached hereto and by reference made a part hereof, said property being needed for a Linear Park. Section 2. That other proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF TH ON FEB I 6 7~ LC-. APPROVED AS TO FORM: Chair, Chair Pro Tem City Council B e/s/ Julie I. Brown Assistant City Attorney City ClerkIDeputy City Clerk H:llmfIRE St.Joseph Hospital-Linear Park

79 Prepared by: Julie I. Brown Assistant City Attorney City of Tampa, Office of the City Attorney 315 E. Kennedy Blvd Tampa, Florida After Recording Return to: City of Tampa, Real Estate Division 306 E. Jackson Street, 3N Tampa, Florida Attn: Margene Fales Folio No: lo9347.oooo;l O9348.OOOO;lO9349.OOOO TIN or SS No: Resolution No. WARRANTY DEED THIS INDENTURE made this - day of, 200-, between St Joseph's Hospital, Inc., a Florida not-for-profit Corporation, whose address is 3001 West Dr. Martin Luther King, Jr. Boulevard (hereinafter, whether one or more, "Grantor"), and the CITY OF TAMPA, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 315 East Kennedy Boulevard, Tampa, Florida (hereinafter "Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND NO1100 ($10.00) DOLLARS, and other good and valuable considerations received, to it in hand paid by the said Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, and sold to the Grantee and his successors and assigns forever, that certain parcel of land situate, lying and being in the County of Hillsborough and State of Florida, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). TO HAVE AND TO HOLD, the same together with all the tenements, hereditaments, easements and appurtenances hereunto belonging or in anywise appertaining, AND the said Grantor does hereby fully warrant the title to said land, except for taxes for 2005 and subsequent years, which are not yet due and payable, and will defend the same against the lawful claims of all persons whomsoever. The Property is being conveyed by the Grantor to the Grantee upon the express condition that the perpetual use of the Property shall be restricted solely as a linear public park. In addition, the conveyance of title to the Property by Grantor to Grantee pursuant to this Deed is expressly made subject to a right of reverter in favor of the H Nrnf /REO5-023-OOl-Ol-St Joseph Hospital-Linear Park 1

80 Grantor, which shall vest, if at all, at such time as all of the parcels of property located adjacent to and South of the Lake Avenue right-of-way between MacDill Avenue and Gomez Avenue cease to be occupied and used as single family residences. IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed as of the day and year first above written. Signed, sealed, and delivered in the presence of: Witness: Witness: GRANTOR: St Joseph's Hospital, Inc. a Florida not-for-profit Corporation Name: Title: (Print or Type Name) (Print or type name beneath signature) STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of, 200-, by,as of St Joseph's Hospital, Inc., a Florida not-for-profit Corporation, on behalf of said Corporation. He or she is either (mark one) - personally known to me or - produced (type of picture identification and license number if driver's license) as identification. Signature of Acknowledger Name typed, printed or stamped NOTARY PUBLIC State of At Large Serial Number (if any): [AFFIX NOTARY SEAL OR STAMP] My Commission Expires: H://mf /RE St Joseph Hospital-Linear Park 2

81 EXHIBIT "A" LEGAL DESCRIPTION The South 50 feet of Lots 79,80,81 and 82 of COLLINS ARMENIA PARK according to the map or plat thereof, recorded in Plat Book 27, Page 109, of the Public Records of Hillsborough County, Florida. Parcel contains 20,000 square feet or acres more or less. H:llmf /RE St Joseph Hospital-Linear Park 3

82 CITY OF TAMPA REAL ESTATE DIVISION South 50 feet (approximate) of: 4102 North Gomez Avenue 2905 West Lake Avenue 2907 West Lake Avenue Tampa, Florida RE# Fales

83 RESOLUTION NO I R.E.D. A RESOLUTION APPROVING A QUlT CLAIM DEED BETWEEN THE ClTY OF TAMPA, AS GRANTOR, AND THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, AS GRANTEE, FOR PROPERTY LOCATED AT 6402 NORTH 4oth STREET, TAMPA, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AND THE ClTY CLERK TO ATTEST SAID QUlT CLAIM DEED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa owns real property described in Exhibit "Av1 to the proposed Quit Claim Deed attached to this Resolution and shown on the location map attached hereto, having the following street address of 6402 North 40th Street, Tampa, Florida, and WHEREAS, the School Board of Hillsborough County has constructed a new school, Sheehy Elementary School at 6402 North 40th Street, Tampa, Florida, and WHEREAS, the City of Tampa's Stormwater Department and the School Board of Hillsborough County worked out a schedule for the abandonment of a City stormwater culvert within the Sheehy Elementary School property, and WHEREAS, the School Board has agreed to provide a new culvert, a stormwater drainage easement and hold harmless agreement in return for, the City conveying the strip of land to the School Board in connection with the construction of Sheehy Elementary School, and WHEREAS, it is in the best interest of the City of Tampa to dispose of the Property in accordance with Quit Claim Deed attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. That the Quit Claim Deed by and between the City of Tampa, as Grantor, and The School Board of Hillsborough County, as Grantee, for the property having the street address of 6402 North 4oth Street, Tampa, Florida, and as legally described in Exhibit "A" to said Quit Claim Deed, a copy of which is attached hereto and by reference made a part hereof, is hereby approved in its entirety, or in substantially similar form.

84 Section 2 That the Mayor of the City of Tampa is hereby authorized to execute and the City Clerk to attest and affix the Official Seal of the City of Tampa to said Quit Claim Deed. Section 3. That the proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the terms and provisions of this Resolution. Section 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON FFB r CHAlRlCHAlR PRO-TEM, ClTY COUNCIL ATTEST: ClTY CLERK~D~PUTY ClTY CLERK APPROVED AS TO FORM: e1snulie I. Brown Assistant City Attorney

85 Return to: The School Board of Hillsborough County 901 E. Kennedy Blvd. Tampa, Florida Attn: Denise Eliason Prepared By: Julie I. Brown Office of the City Attorney 31 5 East Kennedy Boulevard Tampa, Florida Resolution # Folio No: QUlT CLAIM DEED THIS QUIT CLAIM DEED made this day of, 2006, between the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida, with its office and principal place of business at 315 East Kennedy Boulevard, Tampa, Florida 33602, (hereinafter "Grantor"), and THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA Hillsborough County School Board, a public body corporate organized and existing under the laws of the State of Florida, whose address is 901 E. Kennedy Blvd., Tampa, Florida (hereinafter "Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of Ten NO11 00 ($1 0.00) DOLLARS, and other good and valuable considerations received, to it in hand paid by the said Grantee, the receipt and sufficiency of which are hereby acknowledged, has released, remised and quit claimed, and by these presents does hereby release, remise and quit claim unto the Grantee and its successors and assigns forever, all right, title and interest (if any) of Grantor in and to that certain parcel of land situate, lying and being in the County of Hillsborough and State of Florida, as more particularly described as follows, to-wit: LEGAL: See Exhibit " A attached hereto and made a part hereof by this reference (the "Property"). TO HAVE AND TO HOLD, the same together will all the tenements, hereditaments and appurtenances (if any), thereunto belonging or in anywise appertaining. The property conveyed shall be used solely for public purposes, and in the event the same shall cease to be so used, the property shall automatically revert to Hillsborough County IN WITNESS WHEREOF, the said Grantor, has caused these presents to be executed in its name by its proper officers and its corporate seal to be hereto affixed the day and year first above written.

86 Signed, sealed, and delivered in the presence of: CITY OF TAMPA, FLORIDA a Municipal Corporation Witness: Witness: (Print or type name beneath signature) BY: ITS: Pam lorio Mayor APPROVED AS TO FORM: ATTEST: Julie I. Brown Assistant City Attorney City ClerkJDeputy City Clerk ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of, 20, by Pam lorio, as Mayor of the City of Tampa, on behalf of the City and who is personally known to me. Signature of Acknowledger Name typed, printed or stamped NOTARY PUBLIC State of Florida at Large Serial No. (if any) My Commission Expires:

87

88 EXHIBIT "A" The West 30 feet of the East 160 feet of the Northeast '/4 of the Northeast '/4 of the Southwest % of the Northwest!A of Section 33, Township 28 South, Range 19 East, Hillsborough County, Florida; LESS the North 150 feet thereof. And Also: The South 20 feet of the West 170 feet and the South 24 feet of the East 13 feet of the Northeast '/4 of the Northeast '/4 of the Southwest % of the Northwest '/4 of Section 33, Township 28 South, Range 19 East, Hillsborough County, Florida;

89 1 Vincent Garcia North 40th ~ tket~df Page 1 Garcia

90 R.E.D. RESOLUTION NO A RESOLUTION APPROVING A GRANT OF WATER EASEMENT, BY DONATION, FROM MORRISON HOMES, INC., A DELAWARE CORPORATION TO THE ClTY OF TAMPA RELATIVE TO THE INSTALLATION OF WATER FACILITIES LOCATED AT 8496 N. MANHATTAN AVENUE, TAMPA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa has requested Morrison Homes, Inc., to grant to the City of Tampa an easement for Water Facilities over, across, under and through the real property located at 8496 N. Manhattan Avenue, Tampa, Florida; WHEREAS, Morrison Homes, Inc., has agreed to grant this water easement to the City of Tampa, by donation, for the construction, repair, operation, maintenance and replacement of Water Facilities located at 8496 N. Manhattan Avenue and as depicted on map attached; and WHEREAS, it is desirable that the City of Tampa accepts this Grant of Water Easement to said land. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the City of Tampa hereby accepts the Grant of Water Easement executed by Morrison Homes, Inc., by donation, in favor of the City of Tampa for an easement situate, lying and being in the vicinity of 8496 N. Manhattan Avenue, more particularly described in and by said Water Easement, a copy of which is attached hereto and by reference made a part hereof, said easement being needed for the installation of WATER FACILITIES (a Fire Main). Section 2. That the proper officers of the City of Tampa, Florida are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. Section 3. That this Resolution shall take effect immediately upon its adoption. RE # K:BHD RED \ Meriwether \ Morrison Homes 1nc.- Amberly Oaks \ Water ESM

91 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON FEB &'I";".;p ii;xk- <& ClTY CLERWDEPUTY ClTY CLERK Y CHAIR 1 CHAIR PRO-TEM, ClTY COUNCIL APPROVED AS TO FORM: /e/s JULIE I. BROWN ASSISTANT CITY ATTORNEY RE # K:BtID RED \ Meriwether \ Morrison Homes 1nc.- Arnberly Oaks \ Water ESM

92 Prepared by: Julie I. Brown Assistant City Attorney The Office of the City Attorney City of Tampa 315 E. Kennedy Blvd. Tampa, Florida Return to: City of Tampa Real Estate Division 306 E. Jackson St., 3N Tampa, Florida Attn.: William Meriwether GRANT OF WATER EASEMENT THIS EASEMENT AGREEMENT is made as of this - day of, 2006, by and between Morrison Homes, Inc., a Delaware Corporation, with an address of 3655 Brookside Parkway, STE #400, Alpharetta, Ga (herein "Grantor"), and the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida with an address of 315 E. Kennedy Boulevard, Tampa, Florida (herein "Grantee"). WITNESSETH: THAT Grantor, in consideration of the sum of ONE and no1100s Dollars ($1.00) to it in hand paid by Grantee, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, assign and convey to Grantee, and Grantee's successors and assigns, a perpetual non-exclusive utility easement for the purpose of the installation, construction, repair, operation, maintenance, and replacement of potable andlor reclaimed water facilities including, without limitation, potable andlor reclaimed water lines, pipes, meters, fire hydrants, equipment, related facilities, and appurtenances thereto (herein collectively referred to as the "Water Facilities"), together with full right of ingress, egress and access on, in, over, under, across and through the following described parcel of real estate located in the City of Tampa, Hillsborough County, Florida as more particularly described as follows (and herein referred to as the "Easement Property"), to wit: AS LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THlS REFERENCE. Re: ACQ #I869 K: BHD RED I Meriwetherl Morrison Homes - Amberly Oaks ESM 9/6/ :19 AM

93 THlS GRANT OF EASEMENT AGREEMENT is also made subject to the following terms, conditions, representations and warranties: Grantor warrants and represents to Grantee that Grantor possesses marketable fee simple title to the Easement Property; and that this Easement Agreement does not violate, breach or create a default on the part of Grantor under any matter affecting title to the Easement Property. Grantor represents and warrants to Grantee that this Easement Agreement has been duly authorized by Grantor; and that the person executing this Easement Agreement on behalf of Grantor has the full right and authority to do so on behalf of the Grantor. Grantor shall not: (a) construct any buildings or structures, (b) install any pavement or impervious surface material, and (c) install any landscaping in, on, over or under the Easement Property without the prior written consent of the Director of the City of Tampa's Water Department. In connection with the installation, construction, maintenance, operation, repair and replacement of the Water Facilities by the Grantee pursuant to this Easement Agreement, Grantee shall be responsible for returning any excavated areas to finish grade and restoring any pavement that is disturbed to the quality of pavement that meets the minimum standard for public streets in the City of Tampa; and Grantor shall be solely responsible for the cost of removing (if necessary), repairing andlor restoring any buildings, structures or landscaping located on the Easement Property which are disturbed in connection with the exercise of Grantee's easement rights pursuant to the terms hereof. Grantor agrees that the terms and conditions of this Easement Agreement shall be deemed covenants and conditions running with title to the Easement Property and shall be binding upon Grantor and its successors and assigns. THE REMAINDER OF THlS PAGE IS INTENTIONALLY LEFT BLANK. Re: ACQ #I869 K: BHD RED 1 Menwetherl Morrison Homes - Amberly Oaks ESM :19 AM

94 IN WITNESS WHEREOF, the Grantor has executed this Easement Agreement as of the day and year first set forth above. WITNESSES: Name: (PrinVType Name) Grantor MORRISON HOMES, INC., A DELAWARE CORPORATION By: Name: Title: Name: (PrinVType Name) APPROVED AS TO FORM: /e/s Julie I. Brown Assistant City Attorney STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of, 2006, by of Morrison Homes, Inc., a Delaware corporation. He is personally known to me or - produced [picture identification] as identification. [AFFIX NOTARY SEALISTAMP] Name: (Print or Type Name) Notary Public, State of My Commission Expires: Re: ACQ #A869 K: BHD RED I Meriwetherl Morrison Homes - Amberly Oaks ESM 9/6/ :19 AM

95 [>TION 20, TOWNSHIP 28 SOUTH, RANGE 18 EAST 1 HILLSBOROUGH COUNTY, FLORIDA EXHIBIT "A" SKETCH ONLY - NOT A SURVEY I RANGE LEGAL DESCRIPTION: A PORTION OF LAND LYING IN THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 20, 28 SOUTH. I8 EAST, HILLSBOROUGH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF ME NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 20, TOWNSHIP 28 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY. FLORIDA; THENCE ALONG THE EAST LlNE OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SAlD SECTION 20, SAlD EAST LlNE ALSO BEING THE WEST RIGHT OF WAY OF, MANHAlTAN AVENUE, N00"00'26E, FOR FEET; THENCE CONTINUE ALONG SAlD LINE, N0OW08'27"E, FOR FEET TO ME POINT OF BEGINNING; THENCE. LEAVING SAlD WEST RIGHT OF WAY, N89*52'13"W, FOR FEET; THENCE ~00'07'47"~. FOR FEET; THENCE S89'52'13"E, FOR FEET TO SAlD WEST RIGHT OF WAY; THENCE ALONG SAlD WEST RIGHT OF WAY, S0OV08'27"W, FOR FEET TO THE POINT OF BEGINNING AND CONTAINING SQUARE FEET, MORE OR LESS. I 1) ME BEARINGS SHOWN HEREON ARE BASED UPON ASSUMED DATUM, MORE SPECIFICALLY THE EAST LlNE OF THE SOUTHEAST 114 OF THE NORTHEAST 114 OF SECTION 20, TOWNSHIP 28 SOUTH, RANGE 18 EAST, HILLBOROUGH COUNTY, FLORIDA. SAlD LlNE BEARS: N00'00'26"E. ) 2) THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY HILLS B ASSOCIATES. INC.. I 3) THE SKETCH SHOWN HEREON WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY AND IS SUBJECT TO ANY AND ALL RECORDED AND OR UNRECORDED EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, ETC.. City of Tampa Right of Way & Mapping Section UEGfil DGSCRIPTION RPPROVGD HILLS & Tampa, Flwida ~hone:813-~~ ~ar:81~ EXHIBIT "A" AMBERLY OAKS WATER UTILITY EASEMENT. DATE /05 SCALE JOB NO DRAWN J.W.D. i r~'n RV v r.~ I SHEET 2 of :

96 RE# Meriwether 8496 North Manhattan Avenue Tampa, Florida

97 R.E.D. 183 RESOLUTION NO A RESOLUTION APPROVING A GRANT OF WATER EASEMENT, BY DONATION, FROM SABAL PARK SUNWAY, LLC., A FOREIGN LIMITED LIABILITY CORPORATION TO THE ClTY OF TAMPA RELATIVE TO THE INSTALLATION OF WATER FACILITIES LOCATED IN THE VICINITY OF 3624 N. FALKENBURG ROAD, TAMPA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa has requested Sabal Park Sunway LLC, a foreign limited liability corporation to grant to the City of Tampa an easement for Water Facilities over, across, under and through the real property located in the vicinity of 3624 N. Falkenburg Road, Tampa, Florida; WHEREAS, Sabal Park Sunway LLC, has agreed to grant this water easement to the City of Tampa, by donation, for the construction, repair, operation, maintenance and replacement of Water Facilities located at 3624 N. Falkenburg Road, Tampa, Florida, and as depicted on map attached; and WHEREAS, it is desirable that the City of Tampa accepts this Grant of Water Easement to said land. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the City of Tampa hereby accepts the Grant of Water Easement executed by Sabal Park Sunway LLC, by donation, in favor of the City of Tampa for an easement situate, lying and being in the vicinity of 3624 N. Falkenburg Road, Tampa, Florida, more particularly described in and by said Grant of Water Easement, a copy of which is attached hereto and by reference made a part hereof, said easement being needed for the installation of WATER FACILITIES. Section 2. That the proper officers of the City of Tampa, Florida are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. RE# ACQ #I883 K: BHD RED/ Meriwether / Staybridge Hallday Inn Sabal Park /Water ESM 10/27/ : 14 PM

98 Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON FFB 1 6?m. CITY CLERWDEPUTY CITY CLERK CHAIR 1 CHAIR PRO-TEM ClTY COUNCIL APPROVED AS TO FORM: e/s/ JULIE I. BROWN ASSISTANT ClTY ATTORNEY RE# ACQ # 1883 K BHD RED/ Meriwether I Staybrtdge Hohday Inn Sabal Park /Water ESM 10/27/2005 1,I4 PM

99 Prepared by: Julie I. Brown Assistant City Attorney The Office of the City Attorney City of Tampa 315 E. Kennedy Blvd. Tampa, Florida Return to: City of Tampa Real Estate Division 306 E. Jackson St., 3N Tampa, Florida Attn.: William Meriwether GRANT OF WATER EASEMENT THIS EASEMENT AGREEMENT is made as of this - day of, 2006, by and between Sabal Park Sunway, LLC., a foreign limited liability corporation, with an address of Cody, Suite #200, Overland Park, Kansas, (herein "Grantor"), and the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida with an address of 31 5 E. Kennedy Boulevard, Tampa, Florida (herein "Grantee"). WITNESSETH: THAT Grantor, in consideration of the sum of ONE and no1100s Dollars ($1.00) to it in hand paid by Grantee, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, assign and convey to Grantee, and Grantee's successors and assigns, a perpetual non-exclusive utility easement for the purpose of the installation, construction, repair, operation, maintenance, and replacement of potable andlor reclaimed water facilities including, without limitation, potable andlor reclaimed water lines, pipes, meters, fire hydrants, equipment, related facilities, and appurtenances thereto (herein collectively referred to as the "Water Facilities"), together with full right of ingress, egress and access on, in, over, under, across and through the following described parcel of real estate located in the City of Tampa, Hillsborough County, Florida as more particularly described as follows (and herein referred to as the "Easement Property"), to wit: AS LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THlS REFERENCE. RE# ACQ #I883 K: BHD RED/ Meriwether / Staybridge Holiday Inn Sabal Park 1 Water ESM PM

100 THlS GRANT OF EASEMENT AGREEMENT is also made subject to the following terms, conditions, representations and warranties: 1. Grantor warrants and represents to Grantee that Grantor possesses marketable fee simple title to the Easement Property; and that this Easement Agreement does not violate, breach or create a default on the part of Grantor under any matter affecting title to the Easement Property. 2. Grantor represents and warrants to Grantee that this Easement Agreement has been duly authorized by Grantor; and that the person executing this Easement Agreement on behalf of Grantor has the full right and authority to do so on behalf of the Grantor. 3. Grantor shall not: (a) construct any buildings or structures, (b) install any pavement or impervious surface material, and (c) install any landscaping in, on, over or under the Easement Property without the prior written consent of the Director of the City of Tampa's Water Department. 4. In connection with the installation, construction, maintenance, operation, repair and replacement of the Water Facilities by the Grantee pursuant to this Easement Agreement, Grantee shall be responsible for returning any excavated areas to finish grade and restoring any pavement that is disturbed to the quality of pavement that meets the minimum standard for public streets in the City of Tampa; and Grantor shall be solely responsible for the cost of removing (if necessary), repairing and/or restoring any buildings, structures or landscaping located on the Easement Property which are disturbed in connection with the exercise of Grantee's easement rights pursuant to the terms hereof. 5. Grantor agrees that the terms and conditions of this Easement Agreement shall be deemed covenants and conditions running with title to the Easement Property and shall be binding upon Grantor and its successors and assigns. THE REMAINDER OF THlS PAGE IS INTENTIONALLY LEFT BLANK. RE# ACQ #I 883 K. BHD RED1 Meriwether / Staybridge Holiday Inn Sabal Park 1 Water ESM 10/27/ : 14 PM

101 IN WITNESS WHEREOF, the Grantor has executed this Easement Agreement as of the day and year first set forth above. WITNESSES: Name: (PrinVType Name) Name: (PrinVType Name) Grantor SABAL PARK SUNWAY, LLC, A FOREIGN LIMITED LIABILITY CORPORATION By: Name: Title: APPROVED AS TO FORM: Julie I. Brown Assistant City Attorney STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this - day of,2005, by [type or print name] as [title] of Sabal Park Sunway, LLC, a foreign limited liability corporation, located in Overland Park, Kansas, on behalf of limited liability corporation. Helshe either [mark one] - is personally known to me or - produced [picture identification] as identification. [AFFIX NOTARY SEALISTAMP] Name: (Print or Type Name) Notary Public, State of My Commission Expires: RE# ACQ #I 883 K BHD RED/ Menwether / Staybr~dge Hohday Inn Sabal Park I Water ESM

102 JOINDER AND CONSENT TO EASEMENT The Easement Area is encumbered by that Mortgage, Assignment of Leases and Rents and Security Agreement, executed by Sabal Park Sunway, LLC., a Foreign Limited Liability Corporation in favor of BB Syndication Setvices, Inc., a Wisconsin Corporation, dated April 25, 2005, recorded on June 26, 2005, in Official Records Book 15051, page 1323, recorded in the Public Records of Hillsborough County, Florida. BB Syndication Service, Inc. joins in and consents to this Easement given by Sabal Park Sunway, LLC, a Foreign Limited Liability Corporation to the City of Tampa. IN WITNESS WHEREOF, the Mortgagee has caused this JOINDER AND CONSENT TO EASEMENT to be duly executed this day of, Executed in the presence of: Witnesses: BB SYNDICATION SERVICES, INC., A WISCONSIN CORPORATION (Signature) (Print Name) By: Title: Name: Its: Mortgagee (Signature) (Print Name) ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 2005 by, the of BB Syndication Services, Inc., a Wisconsin Corporation, executed the foregoing instrument for the purpose therein expressed by signing the name of the corporation in such capacity, who is personally known to m e or who produced as (pictured) identification. (AFFIX NOTARY SEALISTAMP) Signature of Acknowledger Name: (PrinUType Name) Notary Public, State of My Commission Expires:

103 --- - DESCRIPTION: THAT PART OF: SECTION 7, TOWNSHIP 29 SOUTH, RANGE 20 EAST HILLSBOROUGH COUNTY, FLORIDA EXHIBIT "Au'. PAGE 1 OF 3 A PARCEL OF LAND LOCATED IN SECTION 7. TOWNSHIP 29 SOUTH. RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, mre PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT "A". SABAL INDUSTRIAL PARK. PHASE 6, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGE 17 PUBLIC RECORDS OF HILLSBOROUGH COUNTY. FLORIDA; THENCE SOUTH 00-05'54" EAST, FEET ALONG THE WESTE'RLY RIGHT-OF-WAY LlNE OF FALKENBURG ROAD; THENCE DEPARTING SAlD WESTERLY RIGHT-OF-WAY LINE. NORTH a g A S A Z WEST FEET; THENCE SOUTH 44-54'06" WEST, FEET; THENCE NORTH 60-17'02" WEST, FEET TO A POlNT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE FEET ALONG THE ARC OF SAlD CURVE WHOSE RADIUS IS FEET, CENTRAL ANGLE IS 06-24'32" AND HAS A CHORD BEARING AND DISTANCE OF NORTH ir24'16" EAST FEET; THENCE NORM 75-06'57" WEST, FEET TO A POlNT ON A NON-TANGENT CURVE CONCAVE TO THE WEST; THENCE FEET ALONG THE ARC OF SAlD CURVE WHOSE RADIUS IS FEET, CENTRAL ANGLE IS 13-59'00" AND HAS A CHORD BEARING AND DISTANCE OF NORTH 06'31'30" EAST, FEET; THENCE NORTH Oa00'00 EAST, FEET; THENCE NORM 90'00'00" WEST, FEET; THENCE NORTH 85'54'35" WEST FEET; THENCE NORTH 89'54'41" WEST FEET; THENCE NORTH 00W00" EAST FEET TO A POlNT ON THE SOUTHERLY BOUNDARY LlNE OF THE AFORESAID SABAL INDUSTRIAL PARK PHASE 6; THENCE ALONG SAlD SOUTHERLY BOUNDARY LlNE THE FOLLOWING THREE (3) COURSES: 1. NORTH 86-55'47" EAST, FEET TO THE POlNT OF CURVATURE OF A CURVE TO THE RIGHT; FEET ALONG THE ARC OF SAlD CURVE WHOSE RADIUS IS FEET, CENTRAL ANGLE IS 35"06'14' AND HAS A CHORD BEARING AND DISTANCE OF SOUTH 75'31'06" EAST, FEET; 3. SOUTH 5T57-59" EAST FEET TO THE POlNT OF BEGINNING. LESS AND EXCEPTING THEREFORE LANDS CONVEYED TO HILLSBOROUGH COUNTY BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK PAGE 22 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE NORTHEAST 114 OF SECTION 7, TOWNSHIP 29 SOUTH. RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POlNT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF TRACT A. SABAL INDUSTRIAL PARK. PHASE 6, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGE 17 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE SOUM OO"05'54" EAST, FEET ALONG THE WESTERLY RIGHT-OF-WAY LlNE OF FALKENBURG ROAD TO THE POlNT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LlNE OF FALKENBURG ROAD, SOUTH 0OU05'54" EAST, FEET; THENCE NORM 89'35'42" WEST FEET; THENCE NORTH 00'05'54' WEST FEET; THENCE SOUTH 89-35'42" EAST FEET TO THE POlNT OF BEGINNING. LYING WITHIN THE FOI I OWING MFTFS AND ROUW DFSCRIPTION: COMMENCE AT THE SOUTHEAST CORNER OF TRACT A. SABAL INDUSTRIAL PARK, PHASE 6. ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 56. PAGE 17 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE SOUTH OCT05'54" EAST, FEET ALONG THE WESTERLY RIGHT-OF-WAY LlNE OF FALKENBURG ROAD TO A POINT ON THE NORTH BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 8725, PAGE 22 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE DEPARTING SAlD RIGHT-OF-WAY LlNE OF FALKENBURG ROAD NORTH 89'35'42" WEST, FEET TO THE POlNT OF BEGINNING; THENCE CONTINUE NORTH 89'35'42" WEST ALONG THE NORTH BOUNDARY OF SAlD LANDS, FEET; THENCE DEPARTING SAlD NORTH BOUNDARY NORTH 00'05'54" WEST, FEET; THENCE SOUTH 89'35'42" EAST, FEET ; THENCE SOUTH 00'05'54" EAST AND PARALLEL WTH THE WESTERLY RIGHT-OF-WAY LlNE OF FALKENBURG ROAD TO THE POlNT OF BEGINNING. CONTAINING: 300 SQUARE FEET DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY CLIENT SUNWAY HOTEL GROUP Wilsbn M iller v Planners - Engrneers - Embgwts. Surveyors ' Landscape Architects. Transpottatan Consultants W~lsonM~ller, Inc. WMv.lu - HUdUXXlxm Naples. Fott Myers. Sarasola - Eadenlon. Tampa Tallahassee m Channebide Drrve SiMe 400N. Tampa Flonda Rort Fax Web-9le mhm vdsomfe m. 120' 1 o/05/ S &E 1 - KARL P DUGAS PSM FLORIDA LICENSE No LS 5372 s m DITL 1' SEC. TIP "OL RNNO PRDYtT NO NDU NO n-isns - nn7 - noo CUW 8YIEMP NO SHEn NO WGB

104 ,. SECTION 7, TOWNSHIP 29 SOUTH, RANGE 20 EAST HILLSBOROUGH COUNTY, FLORIDA NOTES: 1. NO INSTRUMENTS OF RECORD RELECTING EASEMENTS. RIGHTS-OF-WAY OR OWNERSHIP OTHER THAN THOSE INDICATED HEREON WERE PROVIDED TO PURSUED BY THE UNDERSIGNED. 2. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER INDICATED BELOW, THlS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 3. THlS DESCRIPTION WAS PREPARED Wml THE BENEFIT OF INFORMATION DISCLOSED BY THAT CERTAIN SURVEY PREPARED BY WILSONMILLER, INC. ENTmED "SUNWAY HOTEL GROUP SABAL PARK HOTEL BOUNDARY AND TOPOGRAPHIC SURVEY', PROJECT No DATED 1/09/04. EXHIBIT "A" PAGE 2 OF 3 City of Tampa Right of Way & Mapping Section I G f l l DGSCRIPTION RPPROVGD DESCRIPTION SKETCH - NOT A BOUNDARY. SURV Y 4 PR~]K:T: STAYBRIDGE SUITES AT SABAL PARK - UTILITY E A $ M E ~ Planners. Engineers - Ecolcgista. Surveyors Landscape Architects Jransporfation Consullants Wilson Miller, Inc. Naph Fort Myers. Saraaota Bradenion Tampa Tallahassee 110t Chamelskie Drive, SiMe 4OON 9 Tampa, Florida Phone: SB Fa WebSie mm.uikonniicr.com 1*9: nnm 29 S 20 I INDEX NO: '- 1

105 r--- SECTION 7, TOWNSHIP 29 SOUTH, RANGE 20 EAST HILLSBOROUGH COUNTY, ' FLORIDA DMIBTT "A" PAGE 3 OF 3 L O T 3 B L O C K 4 - SABAL INDUSTRIAL PLAT BOOK 5 - OF LESS AND i 5 ' FORCE MAIN EASEMENT (0.R. BOOK PAGE 225) PROPOSED UTILITY EASEMENT CURVF FLTA RADIIIS ARC CHORD TANGFNT CHORD BFARING CI 35-06'14" S 75*31 'w-e C2 06*24'32" N 17"24'16E C 3 13'59'00" N 06*3lU30"E LEGEND: (L) = LEG4 -- m (M) = fleemq - (P) = RAT lo o DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY /~oner: STAYBRIDGE SUITES AT SABAL PARK - UTILITY EASEMENT Planners. Engineers. Ecobgisls. Surveyors- LandscapeArchilects- TransportabonConsultanls Wilson Miller, Inc.

106 DESIGNED AND DEVELOPED CITY OF TAMPA REAL ESTATE DIVISION North Falkenburg Road Folio# Tampa, Florida RE# Meriwether

107 After Recording Return to: City of Tampa Office of the City Clerk 3 15 East Kennedy Blvd, 31d Floor Tampa, Florida Tel: City Dept: BHDLDC RESOLUTION NO A RESOLUTION RELEASING, RENOUNCING, DISCONTINUING AND ABANDONING ANY CLAIM OF ANY SANITARY SEWER EASEMENT@) LOCATED IN OR CROSSING OVER CERTAIN PRIVATE PROPERTIES, LOCATED AT 5004 N. HALE AVENUE, IN THE CITY OF TAMPA, FLORIDA, THE SAME BEING MORE FULLY DESCRIBED IN SECTION 2 OF THE RESOLUTION. WHEREAS, Jordi Prat, Jr. and Rosa Prat have filed Petition R05-10 ("Petition") with the Director of the Department of Business and Housing Development, City of Tampa, asking that certain sanitary sewer easement(s) reserved per plat of RE-PLAT OF DREW PARK, a subdivision, as recorded in Plat Book 29, Pages 70-95, of the public records of Hillsborough County, Florida, over, under or across that certain tract of land described in Section 2 hereof, be released, discontinued and abandoned, and WHEREAS, the Director of the Department of Business and Housing Development has determined that all reserved sanitary sewer easements, held by the City of Tampa are no longer required for occupancy or use or any other purpose by those City Departments, franchised utilities andlor agencies legally having rights of occupancy or use of the respective City of Tampa Easements, and WHEREAS, City Council has found that all requirements provided by law have been complied with, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals above are hereby incorporated as if fully set forth herein. Section 2. That all those certain sanitary sewer easement rights of the City of Tampa, in favor of its departments, agencies, or any of the franchised utilities andor agencies or public as more particularly described and set forth in said Re-plat of Drew Park, in and to, over, under or across, that certain tract of land more particularly described as follows, be and the same are hereby released, renounced, discontinued and abandoned: All that Sanitary Sewer easement lying in Lots Block 5, RE-PLAT OF DREW PARK, a subdivision as map or plat thereof is recorded in Plat Book 29, Pages of the public records of Hillsborough County, Florida. Section 3. That the City Clerk, upon its adoption by the City, shall certify and record a copy of this Resolution in the office of the Clerk of Circuit Court of Hillsborough County, Florida. ATTEST: Section 4. That this Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED by the City Council of th CHAIRMAN, CITY COUNCIL Approved as to Form: ROLAND0 J. SANTIAGO, Esq. ASSISTANT CITY ATTORNEY C:\Resolution-RO5-10

108 R.E.D. RESOLUTION NO A RESOLUTION APPROVING A GRANT OF WATER EASEMENT, BY DONATION, FROM THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRU'STEES TO THE CITY OF TAMPA RELATIVE TO THE INSTALLATION OF WATER FACILITIES LOCATED AT 4001 E. FLETCHER AVENUE, TAMPA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa has requested the University of South Florida Board of Trustees to grant to the City of Tampa an easement for the construction, repair, operation, maintenance, and replacement of water meters over, across, under and through the real property located at 4001 E. Fletcher Avenue, Tampa, Florida; WHEREAS, the University of South Florida Board of Trustees has agreed to grant this water easement to the City of Tampa, by donation, for the construction, repair, operation, maintenance and replacement of water meters located at 4001 E. Fletcher Avenue, Tampa, Florida, and as depicted on map attached; and WHEREAS, it is desirable that the City of Tampa accepts this Grant of Water Easement to said land. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the City of Tampa hereby accepts the Grant of Water Easement executed by the University of South Florida Board of Trustees, by donation, in favor of the City of Tampa for an easement situate, lying and being in the vicinity of 4001 E. Fletcher Avenue, Tampa, Florida, more particularly described in and by said Water Easement, a copy of which is attached hereto and by reference made a part hereof, said easement being needed for the installation of WATER METERS. Section 2. That the proper officers of the City of Tampa, Florida are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. Section 3. That this Resolution shall take effect immediately upon its adoption. RE # K:Negeto\University of South Florida\Resolution

109 Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON d~+.-;ire- CITY CLERKIDEPUTY ClTY CLERK CHAIWCHAIR PRO 'J TEM ClTY COUNCIL APPROVED AS TO FORM: EIS JULIE I. BROWN ASSISTANT ClTY ATTORNEY RE # K:Negeto\University of South Florida\Resolution

110 CITY OF TAMPA REAL ESTATE DIVISION mmmm C:\Desktop\Maplnfo\Workspace\4001 East Fletcher Avenue.wor Information represented on this map is for reference only. Every effort has been made lo venly he lnformatmn. However, he data is dynamic and accuracy is not guaranteed Users am urged lo report inconsistencies so updates can be made accodingly.

111 Prepared by: Julie I. Brown Assistant City Attorney The Office of the City Attorney City of Tampa 315 E.Kennedy Blvd. Tampa, Florida Return to: City of Tampa Real Estate Division 306 E. Jackson St., 3N Tampa, Florida Attn.: Mary Ellen Vegeto GRANT OF WATER EASEMENT THIS EASEMENT AGREEMENT is made as of this - day of > 2006, by and between the University of South Florida Board of Trustees, a public body corporate, with an address of4202 East ~owler Avenue, ADM247, Tampa, Florida (herein "Grantor"), and the City of Tampa, a municipal corporation organized and existing under the laws of the State of Florida with an address of 315 E. Kennedy Boulevard, Tampa, Florida (herein "Grantee"). WITNESSETH: THAT Grantor, in consideration of the sum of ONE and no1100s Dollars ($1.00) to it in hand paid by Grantee, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, assign and convey to Grantee, and Grantee's successors and assigns, a perpetual non-exclusive utility easement for the purpose of the installation, construction, repair, operation, maintenance, and replacement of potable and/or reclaimed water facilities including, without limitation, potable and/or reclaimed water lines, pipes, meters, fire hydrants, equipment, related facilities, and appurtenances thereto (herein collectively referred to as the "Water Facilities"), together with 111 right of ingress, egress and access on, in, over, under, across and through the following described parcel of real estate located in the City of Tampa, Hillsborough County, Florida as more particularly described as follows (and herein referred to as the "Easement Property"), to wit: AS LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. RE#O K:/vegeto/University of South FloridaiEasement

112 THIS GRANT OF EASEMENT AGREEMENT is also made subject to the following terms, conditions, representations and warranties: 1. Grantor warrants and represents to Grantee that Grantor has a leasehold interest to the easement property pursuant to Lease No between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the University of South Florida, said Lease having a termination date of January 2 1, 2073; and that this easement does not violate, breach or create a default on the part of the Grantor under any matter affecting title to the Easement Property. 2. Both Grantor and Grantee represent and warrant to the other that this Easement has been duly authorized by both the Grantor and the Grantee; and that the person executing this Easement Agreement on behalf of the Grantor and Grantee, each has the full right and authority to do so on behalf ofthe Grantor and Grantee. 3. Grantor shall not construct any buildings or structures (other than pavement) and shall not install any landscaping (other than sod, ground cover, and low shrubbery) in, on, over or under the Easement Property without the prior written consent of the Director of the City of Tampa's Water Department. 4. In connection with the installation, construction, maintenance, operation, repair and replacement of the Water Facilities by the Grantee pursuant to this Easement Agreement, Grantee shall be responsible for returning any excavated areas to finish grade and restoring any pavement that is disturbed to the quality of pavement that meets the minimum standard for public streets in the City of Tampa; and Grantor shall be solely responsible for the cost of removing (if necessary), repairing andlor restoring any buildings, structures or landscaping located on the Easement Property which are disturbed in connection with the exercise of Grantee's easement rights pursuant to the terms hereof. 5. Grantor and Grantee agree that the terms and conditions of this Easement Agreement shall be deemed covenants and conditions running with title to the Easement Property and shall be binding upon Grantor and Grantee and their respective successors and assigns. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. RE#O K:lvegetoNniversity of South Florida/Easement

113 IN WITNESS WHEREOF, the Grantor has executed this Easement as of the day and year first set forth above. WITNESSES: GRANTOR: - 7 " 0% University of South Florida Board of Name: Err< g-. bkj4 Trustees, a public body corporate (Print/Type Name) (PrintiType Name) By: Name: Carl P. Carlucci. Ph.D. Title: Executive Vice President and CFO STATE OF FLORIDA COUNTY OF HILLSBOROUGH <G) THE FOREGOING INSTRUMENT was acknowledged before me thiu day of :A, 2005,ty -@T/B,fZ C/h?Luec/ I ~ or Q print name]. He/she either [mark one] -*-A is personally known to me or produced [picture identification] as identification. [AFFIX NOTARY SEAL/STAMP] A I r [A+ z r s$ivi:<, Helaine R. Fazio (Print or Type Name) f4f *?!?\ cltmkkn #DD15R129 Notary Public, State of FL~P~AA 2.'?$Expires: Nov l6,fom %$4... Bonded ~ hw My Commission Expires: J&-- Atlantic Bmdiq co,, 1 C +aw" o APPROVED AS TO FORM: JULIE I. BROWN Assistant City Attorney

114 LEGAL DESCRIPTION: I A portion of the Northwest 114 of Section 9, Township 28 South, Range 19 East, Hillsborough County, Florida, and being more particulaly described as follows: Commence at the Northwest corner of Section 9, Township 28 South, Range 19 East; thence S. 00'20'31" W., a distance of feet to a point on the South right-of-way line of Fletcher Avenue; thence, along said right-of-way line S. 89'09'32" E., a distance of feet; thence departing said right-of-way line S 00'50'28" W. a distance of feet to the POINT OF EEGINVffi ; thence S 89'09'32" E a distance of feet; thence S 00*50'28" W, 2 distance of feet; thence N 89'09'32" W, a distance of feet; thence N 00'50'28" E, a distance of feet to the POINT OF BEGINNING. Containing 300 square feet, more or less. City of Tampa Right of Way & Mapping Section IEG R I DESCRIPTION RPPROVGD.... XJENT: SCALE: DRAWN BY: RUYLE.MASTERS RW IATE: ORDER No.: CHECKED BY: THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION AND SKETCH USF ALZHEIMERS U W SECTION: SECTION 9; TOWNSHIP 28 SOUTH; RANGE 19 EAST COUNTY: 4ILLSBOROUGH COUNTY, FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER..,.&A --.>;.A &./j,dd.j.y RAYMOND R. WHITEHURST, JR. FLORIDA CERTIFICATE No \>\,!a DATE: q oaiffk A A NORTHWEST ENGINEERING, INC. A\ Certificate of Authorization Number LBO Sunstate Street, Tampa, Florida Tampa: SHFFT 7 OF 7

115 RESOLUTION NO A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMPA AND THE SENIORS IN SERVICE OF TAMPA BAY, INC., FOR SENIOR COMPANION PROGRAM IN ORDER TO PROVIDE FOR ADDITIONAL SERVICES AND CONSIDERATION THEREFORE IN AN AMOUNT NOT TO EXCEED $36,791.16; AUTHORIZING EXECUTION THEREOF BY THE MAYOR OF THE CITY OF TAMPA; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Resolution No , passed and adopted by the City Council of the City of Tampa on September 29, 2005, the City of Tampa entered into an Agreement, hereinafter referred to as the "Agreement," with Seniors in Service of Tampa Bay, Inc., for the administration of a Senior Companion Program, as designated in the Action Plan; WHEREAS, it is necessary to amend the Agreement to provide for additional services and consideration therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: NOW, THEREFORE, Section 1. The Amendment to the Agreement between the City of Tampa and Seniors in Service of Tampa Bay, Inc., to conduct and administer a Senior Companion Program, a copy of which is attached hereto and made a part hereof, is hereby approved in its entirety. Section 2. The Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Amendment on behalf of the City. Section 3. Funds for payment for the additional services provided by the Seniors in Service of Tampa Bay, Inc., as provided for in said Amendment to Agreement, are to be provided in FY2006, Index Code GNDIXWAY-03401, not to exceed $21,727 and BC101C CY0139-5WSC not to exceed $15, Section 4. The proper officers of the City of Tampa are authorized to do all things necessary and proper to carry out the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADO TED BY THE CITY COUNCIL FEB d CHAIRMAN/ CHAIRMAN PRO-TEM, CITY COUNCIL CITY CLERK/DEPUTY CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY

116 AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF TAMPA AND THE SENIORS IN SERVICE OF TAMPA BAY, INC., FOR THE CONDUCT AND ADMINISTRATION OF A SENIOR COMPANION PROGRAM. THIS AMENDMENT TO AGREEMENT ("Amendment"), made and entered into at Tampa, Florida, as of September 29, 2005, by and between the City of Tampa, a Florida municipal corporation (the "City,") the address of which is City Hall, 315 East Kennedy Boulevard, Tampa, Florida 33602, and Seniors in Service of Tampa Bay, Inc., (the "Agency") the business address of which is 1306 West Sligh Avenue, Tampa, Florida WHEREAS, pursuant to the authority contained in Resolution No , adopted by the City Council of the City of Tampa on September 29,2005, the parties hereto entered into an Agreement (the "Agreement") for the conduct and administration of a Senior Companion Program; and provided; WHEREAS, it is the desire of the parties hereto amend the Agreement as herein NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and in the Agreement, the parties hereto agree as follows: 1. That ARTICLE 111. CONSIDERATION of the Agreement is hereby amended to read as follows: ARTICLE 111. CONSIDERATION As and for consideration for the performance of its services, Agency shall be reimbursed by City for allowable costs, determined by City, in an amount not to exceed $36,791.16, as established in Exhibit A hereto, subject to execution of a Community Development Grant Amendment to Agreement between the City and HUD. 2. Exhibit A to the Agreement is amended in its entirety by substituting the attached Exhibit A therefor. 3. All of the terms and conditions of the Agreement, which do not conflict with this Amendment, are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed at the place and on the day hereinabove first written.

117 ATTEST: CITY OF TAMPA CITY CLERK/DEPUTY CITY CLERK BY: MAYOR (SEAL) ATTEST: SENIORS IN SERVICE OF TAMPA BAY, INC. WITNESS BY: EXECUTIVE DIRECTOR (SEAL) The execution of this document was authorized by Resolution No. - SENIOR ASSISTANT CITY ATTORNEY (K:\CDBG31_FY06\AGREEMENTS\SENIORO6 AMEND)

118 I Project Title - HU D Project Area Planner Senior Companion Program City-Wide CONTACT STAFF EXHIBIT A HUD Cost Item Public Services State Chart Function Area -- - Account Number BC101C CY0139-5WSC Program Analyst Tamara Carroll Accountant Jan Grover PROJECT \NFORMAT\ON Operating AgencyIProject Manager's Name Seniors in Service of Tampa Bay, Inc. Human Services State Chart Activity Area Other Human Services CONTRACT CONS\DERAT\ON Payment Type Contract Period Reimbursement 10101/ Grace H. Puterman. Executive Director I I l~ddress lspecial Supplementary Conditions ( 1306 W. Sligh Avenue l~~~re~ate Level Data and Client Address Justification Forms Tampa, FL are required. ENVIRONMENTAL REVIEW STATUS Phone I Project Period (813) OIOlIO5-9/30/2006 ELIGIBILITY CRITERIA I Exempt (-q Certification I Assessment I X ( Categorically Excluded IMPACTS (from CD Plan or other) 1. Blight and Deterioration 2. Detrimental Conditions 3. Housing Stock 4. Community Services (24 CFR (e) 5. Land and Natural Resources I 1 6. Economic IntegrationIDiversity I 1 7. Historic Preservation I ] 8. Private Investment/Revitalization I PROJECT HlSTORYlRELATlONSHlPS 1. Low and Moderate Income Persons ( (a) ) 2. Slum and Blight Prevention ( (b) ) 3. llreent Communitv Needs ( (cl l Geographic Criteria City-Wide Participants must be documented lowlmoderate income (as est. by CPD Advisory Letter 96-02) City of Tampa Residents. REGULATIONS This project shall comply with all applicable guidelines, regulations and laws governing the implementation of the Housing Community Development Act of 1974; as amended. The project shall also comply with all terms set forth in the City of Tampa contract or executive order, and all applicable local guidelines, regulations and laws. AUTHORIZATIONS Acceptance Resolution No. Allocation Resolution No. Date Date 0Contract Resolution No. Date Executive Or er hevisionl~esolution No. l Date

119 Project Title Account Number Senior Companion Program I I ) BC101C CY0139-5WSC DESCRIPTION OF ACTIVITIES This project will recruit and train up to 6 low income, age qualified residents primarily of J. L. Young Apts and Enterprise Community District and Enterprise Zone (EUEZ) to become senior companions. The companions will receive meals, travel, uniforms, physicals, insurance, recognition, training supplies, and background checks. CD Total BUDGET I l~eimbursement will be $6.50 per hour. Not to exceed a total cost of $1 5, I PerformanceslOutcome Measures Will provide economic opportunities to 6 low income elderly who will serve 2,318 hours of senior companion service to the elderly residents of J. L. Young Apartments and ECIEZ area. Oct. Quarter I Nov. TOTAL ALL SOURCES PROJECT SCHEDULE Dec. Jan. Quarter II $15, $15, Management Evaluation will be conducted. PERFORMANCElOUTCOMES MEASURES The program uses volunteers to serve citizens of the City of Tampa who are age 60 or older. The target is the residents primarily of the ).L. Young Garden Apartments, 8220 N. Florida Avenue, and ECIEZ area. The program addresses and provides ongoing nontaxable economic opportunities for up to 11 very low-income unskilled seniors serving as Senior Companion volunteers. Their activities provide support and assistance to the underserved low-income frail elderly at the Senior Citizen Activity and Nutrition Program at the J.L. Young Garden Apartments. Outputs: 1. 2,318 hours of service. 2. Pre-servicdorientation training (20 hours) and 4 hours of ongoing monthly training for Senior Companion volunteers. 3. Evaluation of client satisfaction. Outcomes: lo of frail elderly receiving Senior Companion volunteer program services will remain in their homes and have their needs met % of underserved frail elderly receiving Senior Companion volunteer program services will feel less lonely, isolated and depressed O0Io of Seniors Companion volunteers will receive economic opportunities that will give them more spending power. Feb. Mar. Apr. Quarter Ill Quarter IV May. June July Aug. Sept. An outline of the program timeline for completion is provided below: o Month 1-12: (ongoing) Staff maintain, recruit as needed and train Senior Companions. o Month 1-1 2: (ongoing) Staff match Senior Companions with frail elders. o Month 1-1 2: (ongoing) Program provides pre-service, orientation and monthly in-service training for senior companions. o Month 1-1 2: (ongoing) Staff performs periodic monitoring of client satisfaction. o Month 8: Annual program evaluation. o Month 3 & 6: Two (2) Recognition Events for Senior Companions

120 'roject Title -IUD Project Area Planner Senior Companion Program City-Wide CONTACT STAFF EXHIBIT A ~HUD Cost Item Public Services State Chart Function Area Account Number GNDlXWAY 'rogram Analyst Human Services Tamara Carroll State Chart Activity Area kcountant Jan Grover Other Human Services PROjECT INFORMATION \ CONTRACT CONSIDERATION Operating AgencyIProject Manager's Name Ipayment Type Icontract Period Seniors in Service of Tampa Bay, Inc. Reimbursement 10/01/05-9/30/2006 Grace H. Puterman, Executive Director Address Special Supplementary Conditions 1306 W. Sligh Avenue Aggregate Level Data and Client Address Justification Forms Tampa, FL are required. ENVIRONMENTAL REVIEW STATUS Phone (813) I2006 ELIGIBILITY CRITERIA CD Statutorv Obiectives 1. Blight and Deterioration 2. Detrimental Conditions 3. Housing Stock 4. Communitv Services (24 CFR (e) ) Land and Natural ~eskrces 6. Economic IntegrationIDiversity 7. Historic Preservation Private lnvestmentlrevitalirafion CD National Objective Criteria Project Period I 1 1. Low and Moderate Income Persons ( (a) ) 2. Slum and Blight Prevention ( (b) ) 3. Urgent Community Needs ( (c)) Geographic Criteria City-Wide Other Participants must be documented lowlmoderate income (as est. by CPD Advisory Letter 96-02) City of Tampa Residents. Exempt H Assessment REGULATIONS?his project shall comply with all applicable guidelines, regulations and laws governing the implementation of the Housing Community Development Act of 1974; as amended. The project shall also comply with all terms set forth in the City of Tampa contract or executive order, and all applicable local guidelines, regulations and laws. Certification Categorically Excluded IMPACTS (from CD Plan or other) 6PROJECT HISTORYIRELATIONSHIPS I GNDl XE69020 GNDlXH GNDlXK GNDl XN GNDl XQ GNDl XS GNDlXUAY AUTHORIZATIONS Acceptance Fholution No. No. Contract Resolution No. - Date Date Date I Executive Order Other RevisionIResolution No. I I Date l Date

121 Project Title Senior Companion Program Account Number GND1 XWAY DESCRIPTION OF ACTIVITIES BUDGET This project will recruit and train up to 16 low income and I I age qualified residents primarily of J. L. Young Apts. to become senior companions. The companions will receive meals, travel, uniforms, physicals, insurance, recognition, $21,727 training supplies, and background checks. I Reimbursement will be $2.65 per hour. Not to exceed a total cost of $21, lot her Performances/Outcome Measures Will provide economic opportunities to 16 low income elderly who will serve 8,199 hours of senior companion service to the elderly residents of 1. L. Young Apartments. Oct. TOTAL ALL SOURCES $21,727 PROJECT SCHEDULE Quarter I Quarter II Quarter Ill Quarter IV Nov. Dec. Jan. Feb. Mar. Apr. May. June July Aug. Sept. $21,727 Management Evaluation will be conducted. PERFORMANCE/OUTCOMES MEASURES The program uses volunteers to serve citizens of the City of Tampa who are age 60 or older. The target is the residents of the1.l. Young Garden Apartments, 8220 N. Florida Avenue. The program addresses and provides ongoing non-taxable economic opportunities for up to 16 very low-income unskilled seniors serving as Senior Companion volunteers. Their activities provide support and assistance to the underserved low-income frail elderly at the Senior Citizen Activity and Nutrition Program at the J.L. Young Garden Apartments. Outputs: 1. 8,199 hours of service. 2. Pre-servicelorientation training (20 hours) and 4 hours of ongoing monthly training for Senior Companion volunteers. 3. Evaluation of client satisfaction. Outcomes: % of frail elderly receiving Senior Companion volunteer program services will remain in their homes and have their needs met % of underserved frail elderly receiving Senior Companion volunteer program services will feel less lonely, isolated and depressed % of Seniors Companion volunteers will receive economic opportunities that will give them more spending power. An outline of the program timeline for completion is provided below: o Month 1-1 2: (ongoing) Staff maintain, recruit as needed and train Senior Companions. o Month 1-1 2: (ongoing) Staff match Senior Companions with frail elders. o Month 1-1 2: (ongoing) Program provides pre-service, orientation and monthly in-service training for senior companions. o Month 1-12: (ongoing) Staff performs periodic monitoring of client satisfaction. o Month 8: Annual program evaluation. lo Month 3 & 6: Two (2) Recognition Events for Senior Companions

122 RESOLUTION NO A RESOLUTION MAKING CERTAIN CHANGES IN THE BUDGET OF THE CITY OF TAMPA FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2006; APPROVING THE APPROPRIATION OF $1,850,000 WITHIN THE LOCAL OPTION GAS TAX FY2005 AND FY2006 FUNDS FOR IMPROVEMENTS AND INTERDEPARTMENTAL CHARGES FOR THE CROSS CREEK WIDENING PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, additional revenue in the Local Option Gas Tax FY2005 and FY2006 Funds in the sum of $1,850,000 is available for appropriation into certain accounts within said Fund for the fiscal year ending September 30, 2006, and such appropriation is for a necessary municipal purpose; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, THAT: Section 1. The appropriation of the sum of $1,850,000 not previously appropriated in the Local Option Gas Tax FY2005 and FY2006 Funds to certain accounts within said Funds, as set forth belbw, is hereby approved. LOCAL OPTION GAS TAX FY2005 FUND Anticipated Revenue: A/C:NDO l36do Appropriated In: A/C:PW0536DHG Contribution from Hillsborough Cnty School Bd Cross Creek-Improvements LOCAL OPTION GAS TAX FY2006 FUND Anticipated Revenue: AIC: ND0136E Appropriated In: AIC: PW0536EHG PW0536EHG Contribution from Hillsborough Cnty BOCC Cross Creek-Interdepartmental Charges Cross Creek-Improvements Section 2. The changes in the Budget of the City of Tampa for the fiscal year ending September 30, 2006, as herein authorized, shall take effect immediately upon the adoption of this Resolution by the City Council and the approval thereof by the Mayor.

123 Section 3. The proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Councjbof the City of Tampa, Florida, on A CITY CLERK~~EPUTY CITY CLERK APPROVED by me thisf E B 2006 APPROVED AS TO LEGAL SUFFICIENCY: SALVATORE TERRITO SENIOR ASSISTANT CITY ATTORNEY K \RESOS2006/4195Ajp PAM IORIO, MAYOR

124 R.E.D. RESOLUTION NO A RESOLUTION APPROVING AND AUTHORIZING TWO SUBORDINATION OF UTILITY INTERESTS BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("GRANTEE") AND THE ClTY OF TAMPA ("GRANTOR") FOR THE USE OF LANDS FOR RIGHT OF WAY IMPROVEMENTS IN THE VICINITY OF 22nd STREET AND LONG STREET (PARCELS & ); AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE SAID SUBORDINATIONS OF UTILITY INTERESTS; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. The Subordinations of Utility Interests between the State of Florida Department of Transportation and the City of Tampa, for the use of lands for highway purposes in the vicinity of 22"d Street and Long Street (DOT Parcel & ), as depicted on the map attached hereto, under the terms and conditions set out in the copy of said Subordinations of Utility Interests attached hereto and by reference made a part hereof, is hereby approved and authorized in its entirety. Section 2. That the Mayor of the City of Tampa is hereby authorized and empowered to execute and the City Clerk to attest and affix the Official Seal of the City of Tampa to said Subordinations of Utility Interests. Section 3. That the proper officers of the City of Tampa, Florida are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. All conveyancing costs are to be paid by Grantee.

125 Section 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA ON FEB CHAIWCHAIR PRO-TEM, ClTY C O U N ~ CITY CLERKIDEPUTY CITY CLERK APPROVED AS TO FORM: e/s/julie I Brown Assistant City Attorney

126 This instrument prepared by, or under the direction of RICHARD R. VICKERS DISTRICT SEVEN GENERAL COUNSEL Department of Transportation N. Malcolm McKinley Drive Tampa, Florida PARCEL : WPI/SEG : / S.R. NO. : 400/618 COUNTY : HILLSBOROUGH SECTION : 1Q190-XXXX MANAGING DISTRICT: SEVEN Legal Description Approved: Date: 12/27/2004 By: BRADLEY R. G ERSWn UTL. TPA SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of, 2 0 0, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, N McKinley Dr. Tampa FL., 33612, hereinafter called the FDOT, and the CITY OF T W,. a municipal corporation, hereinafter called City. WITNESSETE: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the FDOT; and WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and FDOT agree as follows: City hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: A parcel of land lying in the Northwest 1/4 of Section 20, Township 29 South, Range 19 East, Hillsborough County, Florida, per Official Record Book 13328, Page 3 of the Public Records of Hillsborough County, Florida, being more particularly described as follows: PARCEL PAGE 1

127 "The South feet of Lot 13 and all of Lots 14 and 15 of Block 4 of EAST TAMPA SUBDIVISION, according to the map or plat thereof, as the same is recorded in Plat Book 1, Page 103 of the Public Records of Hillsborough County, Florida. LESS AND EXCEPT: That portion of Lot 15 Block 4 of Map of East Tampa, according to the map or plat thereof recorded in Plat Book 1, Page 103 of the Public Records of Hillsborough County, Florida being described as follows: Beginning at a point being the Northeast corner of lot 15 Block 4 of the Map of East Tampa, thence west (assumed) 50.0 feet, thence South (assumed) 5.0 feet, thence East (assumed) 50.0 feet, thence North (assumed) 5.0 feet to the Point of Beginning." TOGETHER WITH that portion of the platted alley vacated per Official Record Book 7198, Page 1589, Public Records of Hillsborough County, Florida, lying West of that portion of Lot 15 as described above and lying East of that portion of Lots 13 and 14 described above. Containing 11,651 square feet, more or less. NATURE OF ENCUMBRANCE DATE I FROM TO O.R. BOOK/ PAGE DRAINAGE & UTILITY EASEMENT TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION UTILITY I & 11/24/93 EASEMENT I I CITY OF TAMPA CITY OF TAMPA PROVIDED that the City has the following rights: The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOTts current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT either now or at any time in the future fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, PARCEL PAGE 2

128 and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT1s facilities. 4. The City agrees to repair any damage to Department facilities and to the extent authorized by law, indemnify the Department against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. The Department agrees to repair any damage to the City facilities and to the extent authorized by law, to indemnify the City against any loss or damage resulting from the Department's construction, improving, maintaining and operating a road upon the lands described herein. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS PRINT NAME STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Transportation Development for District VII PRINT NAME a 81. SmToN PF: WITNESS PRINT NAME ADDRESS N. MALCOLM McKINLEY Dr. TAMPA FL Legal Review By: District Counsel STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this - dayof, , by DONALD J..SKEZ,TON.. ntrfc'tor OF TRANSPORTATTON nf:vft,opmfnt far District YIL who is personally known to me or who has produced as identification. E'RINrNAME T, ATn- Pbtary Public in and for the a t y an3 State last aforesaid. My Cannissian wires: Serial No., if any:

129 IN WITNES WEREDF, the said grantor has caused these presents to be executed in its nam= by its MAYOR, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST : PRINT NAME- Clerk (or Deputy Clerk) ay-p, Florida, a municipal corporation By: Its MAYOR PRINT NAME - ADDRESS23.AST_KENNFnY RT,Vn. STATE OF FLORIDA COUNTY OF HTT,T,SROROUGH The foregoing instrument was acknowledged before me this - day of 200-,by -, MAYOR of the City of TAMPA, Florida, who is personally known to me or who has produced - as identification. PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: 1* PARCEL t.'. ),, PAGE 4

130 This instrument prepared by, or under the direction of RICHARD R. VICKERS DISTRICT SEVEN GENERAL COUNSEL Department of Transportation N. Malcolm McKinley Drive Tampa, Florida PARCEL : WPI/SEO : 71'43145/ S.R. NO. : 400/618 COUNTY : HILLSBOROUGH SECTION : XXXX MANAGING DISTRICT: SEVEN Legal Description Approved: Date :3/=/2OO4 By - : UTL. TPA SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of, 200, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, N McKinley DY Tampa FL., 33612, hereinafter called the FDOT, and the _c;lty OF TAMPP a municipal corporation, hereinafter called City. WITNESSETH: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes ; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the FDOT; and WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if, necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and FDOT agree as follows: City hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: A portion of those lands conveyed by instrument recorded in Official Records Book 14121, page 414, Public Records of Hillsborough County, Florida, lying in the Northwest 1/4 of Section 20, Township 29 South, Range 19 East, Hillsborough County, Florida, being more particularly described as follows: PARCEL PAGE 1

131 All of Lot 17, Block 4, MAP OF EAST TAMPA, as recorded in Plat Book 1, Page 103 of the Public Records of Hillsborough County, Florida. Containing 4,717 square feet, more or less. NATURE OF ENCUMBRANCE DRAINAGE & UTILITY EASEMENT DATE I FROM 0 1/12/ 50 TAMPA ELECTRIC COMPANY TO O.R. BOOK/ PAGE CITY OF TAMPA D.B. 1580, I PG 2 DRAINAGE & UTILITY EASEMENT CITY OF TAMPA PROVIDED that the City has the following rights: The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT either now or at any time in the future fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. The City agrees to repair any damage to Department facilities and to the extent authorized by law, indemnify the Department against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. The Department agrees to repair any damage to the City facilities and to the extent authorized by law, to indemnify the City against any loss or damage resulting from the Department's construction, improving, maintaining and operating a road upon the lands described herein. PARCEL PAGE 2

132 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Transportation Development for District VII WITNESS PRINT NAME PRINT NAME nnhta1.n.t skrt.tnht PF WITNESS PRINT NAME ADDRESS N. MALCOLM McKINLEY Dr. TAMPA FL Legal Review By: District Counsel STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of, 200-, by JQUAlan,T KRT-TTnN.. ntreptnr nf TRAN.SPORTATTnN DF,VF.T,OPMENT for District YLI.. who is personally known to me or who has produced as identification PRINT NAME_- 1 1 ATJlERMAN Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL PAGE 3

133 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its MAYOR, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST : PRINT NAME-RTT S. MARTIN Clerk (or Deputy Clerk) m y of -pa, Florida, a municipal corporation By: Its MAYOR STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of, ZOO-, by, MAYOR of the City of _TAMEA Florida, who is personally known to me or who has produced identification. as PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL PAGE 4

134 CITY OF TAMPA REAL ESTATE DIVISION L-7229 C:\Desktop\Maplnfo\Workspace\2210 Long Street.wor lnfonatlon represented on this map is for reference only Every effort has been made to venfy the information However. the data is dynamlc and accuracy is not guaranteed Users are urged to report ~nmnsistencies SO updates can be made accordingly.

135 Upon Recording, Return to: City of Tampa Office of City Clerk 3 15 East Kennedy Blvd., 3rd FL Tamoa. Florida RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RIGHT OF ENTRY AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BY THE CITY IN FAVOR OF THE TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY AND CONE AND GRAHAM INC.; RELATED TO USE OF CERTAIN PORTIONS OF MERIDIAN STREET AS A DISBANDING AREA FOR THE JANUARY 28,2006 GASPARILLA PARADE AND THE FEBRUARY 11, 2006 SANT'YAGO KNIGHT PARADE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City to execute the attached agreement for the reasons stated therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Right of Entry and Hold Harmless and Indemnification Agreement by the City in favor of the Tampa-Hillsborough County Expressway Authority and Cone and Graham Inc., a copy of which is attached hereto and made a part hereof, is hereby approved and ratified nunc pro tune. Section 2. That the Mayor of the City of Tampa is authorized to execute and the City ClerkIDeputy City Clerk to attest and affix the Official Seal of the City of Tampa to said agreement on behalf of the City. The City Clerk shall record this Resolution and a fully executed copy of agreement in the office of the Clerk of Circuit Court of Hillsborough County, Florida. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necessary to carry out the terms and conditions of this Resolution which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FEB ATTEST: g5y"e":k CITY CLERWDEPUTY CITY CLERK CHAIRPERSON/CHAIRPERSON PRO TEM APPROVED AS TO FORM: e/s ROLAND0 J SANTLAGO, ESQ. ASSISTANT CITY ATTORNEY K:WS\Resolutions\Transportation\Gasparilla Hold Hannless.doc

136 Prepared bv: Rolando J. Santiago Esq. Assistant City Attorney Uvon Recording. Return to: City of Tampa Office of the City Clerk 3 15 East Kennedy Blvd., 3rd Floor Tampa, Florida Tel: RIGHT OF ENTRY AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (Gasparilla and Sant'Yago Knight Parade Meridian Street) THIS AGREEMENT is made as of this 26th day of January, 2006 by the City of Tampa, 3 15 E. Kennedy Blvd., Tampa, Florida (hereinafter referred to as "CITY") in favor of the Tampa-Hillsborough County Expressway Authority having an address of 1104 East Twiggs Street, Suite 300, Tampa, Florida ("AUTHORITY) and Cone and Graham Inc., a Florida corporation having an address of 5201 Cone Road, P.O. Box , Tampa, Florida ("CONTRACTOR). (AUTHORITY and CONTRACTOR, collectively hereinafter referred to as "INDEMNITEES). WITNESSETH: WHEREAS, the CITY desires to utilize a portion of Meridian Street, more particularly described at paragraph 1 of this Agreement, as a disbanding area for the January 28, 2006 Gasparilla day parade and the February 11, 2006 Sant'Yago Knight Parade ("Meridian Disbanding Area"); and, WHEREAS, the CITY desires to obtain authorization from the INDEMNITEES to use and issue a parade permit that will include the use of the Meridian Disbanding Area for the referenced parades; and, WHEREAS, the AUTHORITY has jurisdiction over Meridian Street pursuant to that certain agreement authorized by City of Tampa Resolution (Recorded at Hillsborough County OR BK PG ); and WHEREAS, the CONTRACTOR is under contract with the AUTHORITY to construct improvements in the Meridian Disbanding Area; and

137 WHEREAS, the INDEMNITEES have expressed concern, and the CITY acknowledges, that construction activity for the reversible lanes project has not concluded on certain portions of Meridian Street and the INDEMNITEES make no representations as to the suitability of such areas for use by the general public; and WHEREAS, the INDEMNITEES desire to grant the CITY authorization to use the Meridian Disbanding Area for the referenced parades, provided, however, and on the condition that the CITY absolve the INDEMNITEES from any liability that the INDEMNITEES may otherwise incur as a result of allowing the CITY to use the Meridian Disbanding Area, and that the CITY hold harmless and indemnify the INDEMNITEES from any liability that may arise as a result of the CITY'S use of the Meridian Disbanding Area; and, WHEREAS, the CITY is willing to waive and release the INDEMNITEES from liability and further agrees to indemnify and hold the INDEMNITEES harmless, to the extent provided by law, from any liability that may arise as a result of using the Meridian Disbanding Area for the referenced parades. NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated into and made a part of this Agreement by this reference, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. The INDEMNITEES hereby authorize the CITY to use the following portions of Meridian Street, Tampa, Florida (referred to as the "Meridian Disbanding Area") for the referenced parades: Meridian St from Twiggs to Cumberland Ave Jackson St from Nebraska to Meridian St 2. The CITY hereby waives, relinquishes, absolves, and discharges the INDEMNITEES, individually and collectively, from any and all liability, damages, costs and expenses of any nature whatsoever, including, without limitation, any injuries or damages that any person, including without limitation, City personnel and parade permittees or their employees, contractors, subcontractors, invitees and guests, and the general public, may suffer or incur in connection with or arising from the CITY's use of the Meridian Disbanding Area. 3. The CITY agrees to defend, hold harmless, and indemnify the INDEMNITEES, individually and collectively, to the extent provided by law, from and against any and all liability, losses, claims, damages, costs, attorney(s) fees (at trial or on appeal) and expenses of whatever kind or nature which the INDEMNITEES may sustain, suffer or incur, or be required to pay due to damages or losses suffered by any person, including without limitation, the employees, contractors, subcontractors, invitees and permittees, guests of the City, and the general public, in connection with or arising from the CITY's use of the Meridian Disbanding Area. The CITY shall procure insurance as necessary to legally effectuate such indemnification.

138 4. The CITY shall repair any damage or reimburse the Authority for any costs incurred as a result of damage to the public right-of-way, its improvements, or landscaping arising from the CITY'S use of Meridian Disbanding Area for the referenced parades. 5. This agreement constitutes the entire agreement between the parties. In the event of a dispute between the CITY and the INDEMNITEES regarding the terms of this agreement, venue shall be in Hillsborough County, Florida and the prevailing party shall be entitled to recover all attorney's fees and costs. Any amendment or modification to the terms of this agreement shall be in writing and executed by the parties. The CITY, at its sole cost and expense, shall record this agreement in the Office of the Clerk of the Circuit Court of Hillsborough County. 6. The signatories to the Agreement, by their signature, hereby represent that they have authority to bind their respective entities as parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth above. ATTEST: CITY OF TAMPA, FLORIDA City Clerk Pam Iorio, Mayor APPROVED AS TO FORM: Rolando J. Santiago Assistant City Attorney K:\RJS\Agreements\Transportation\Hold Harmless - Gasparilla 2006 (Meridian St).doc STATE OF FLORIDA: COUNTY OF HILLSBOROUGH: THE FOREGOING INSTRUMENT was acknowledged before me this - day of, 200- by of who is - personally known to me or who - provided identification. (AFFIX NOTARY SEAL OR STAMP) Name: (Print or Type Name) Notary Public, State of Florida Serial No. My Commission Expires:

139 IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth above. ATTEST: TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY Signature Bennett Muns, P.E., Chief Engineer CORPORATE SECRETARY CONE & GRAHAM INC., A Florida Corporation Signature By: Print Name: Its:

140 After recording, return to: City of Tampa Attn: City Clerk 3 15 East Kennedy Blvd., 3'd FL Tampa, Florida Tel: DPW/Transportation Cross Creek Blvd - Road Widening RESOLUTION NO ) A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMPA AND HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS IN CONNECTION WITH THE CITY'S CROSS CREEK BOULEVARD IMPROVEMENT PROJECT; PROVIDING FOR HILLSBOROUGH COUNTY TO APPROPRIATE $1,83OYOOO.OO FOR ROAD WIDENING IMPROVEMENTS TO CROSS CREEK BOULEVARD (IMPROVEMENTS GENERALLY LOCATED EAST OF THE INTERSECTION OF LARKBUNTING DRIVE TO EAST OF COREY LAKE ISLES DRIVE, PROJECT NO AND MAKE SAID FUNDS AVAILABLE TO THE CITY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR THE FUNDING THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa desires to enter into an Agreement with the Hillsborough County Board of County Commissioners, who will provide funding for road widening improvements to Cross Creek Boulevard in connection with the City's Cross Creek Boulevard Improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Interlocal Agreement between the City of Tampa and Hillsborough County Board of County Commissioners for the Cross Creek Boulevard Improvement Project (for road widening), a copy of which is attached hereto and made a part hereof, is hereby approved in substantially similar form. Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest and affix the official seal to the Agreement for and on behalf of the City of Tampa.

141 Section 3. That payment of the costs of the services rendered in connection with the Agreement shall be deposited in Account No. ND0 l36eo ; $1,830,000 and be expended from Account No. PW0536EHG-06300; $1,660, and PW0536EHG-04940; $169, Section 4. That all other proper officers of the City of Tampa are hereby authorized to do all things necessary in order to carry out the provisions of this Resolution, which shall take effect immediately upon its adoption. Section 5. That the City Clerk shall record an executed copy of the attached agreement in the office of the Clerk of the Circuit Court of Hillsborough County, Florida. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON FEB 1 fi 2006 ATTEST: CHAIRMAN, CITY COUNCIL, CITY CLERK APPROVED AS TO FORM: e/s/ ROLAND0 J. SANTIAGO ASSISTANT CITY ATTORNEY K:\RJS\Resolutions\Transportation\lnterlocal-Cross Creek Blvd (Road Widening).DOC

142 Prepared by: Rolando J. Santiago Assistant City Attorney City of Tampa Tel: Fax: Return to: City of Tampa Attn: Transportation Manager 306 East Jackson Street Tampa, Florida INTERLOCAL AGREEMENT Between The City of Tampa, Florida and Board of County Commissioners Hillsborough County, Florida. Related to the: CROSS CREEK BOULEVARD

143 THIS INTERLOCAL AGREEMENT, hereinafter referred to as the "Agreement", - made and entered into at Tampa, Florida, this day of, 2 0, by and between the City of Tampa, a municipal corporation of the State of Florida, hereinafter referred to as the "City"; and, the Board of County Commissioners of Hillsborough County, Florida (hereinafter the "COUNTY"). A. WHEREAS, the Florida Interlocal Cooperation Act of 1969, Chapter 163, Part I, Florida Statutes, authorizes government units to cooperate and make the most effective use of their powers and resources; and, B.. WHEREAS, it is necessary to enter into this Agreement setting forth the respective duties and terms and conditions thereof. \ NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: ARTICLE I. SCOPE OF AGREEMENT a) For purposes of this agreement, the widening of Cross Creek Boulevard, from Larkbunting Drive to East of Corey Lake Isles Drive, from a two lane undivided roadway to a four lane divided section shall be known as the PROJECT. b) Prior to the PROJECT being awarded, the COUNTY shall issue a check to the CITY in an amount not to exceed one million eight hundred and thirty thousand dollars ($1,830,000.00) or half of the estimated construction costs, whichever is less. The COUNTY shall be required to issue said amount to the CITY within 45 calendar days of the date of advertising for bids. The COUNTY shall be entitled to inspect and review any related documents to the PROJECT that are available during normal business hours for the duration of the PROJECT and for a period of twelve (12) months after completion. However, COUNTY shall not have any contractual or management authority in regard to the execution of the contract or PROJECT. c) The entire PROJECT is to be bid and contracted for by the CITY in accordance with the plans, specifications and requirements for the PROJECT developed by the CITY. The CITY shall be responsible for verifying the accuracy of any underground survey information or any other survey, and shall also be responsible for and make any changes to the plans made necessary by errors or omissions in such survey information. All errors, omissions or changes and costs thereof in the plans or specifications of the CITY'S Design and Plan Package will be the responsibility of the CITY. Any known conflict or omission in the CITY'S plans and specifications will be discussed and resolved by THE CITY AND

144 COUNTY prior to the initiation of the contract bid process. However, the decision of the CITY'S Engineer, based upon rational review of the facts and circumstances, shall govern the resolution of any such conflict. The CITY shall receive all bids for and let all contracts for said PROJECT according to the CITY'S competitive bidding requirements. d) Final PROJECT plans shall be complete in every detail and include a "Cover" sheet and a "Summary of Quantities" sheet and Final Construction Estimate. CITY shall coordinate the development of PROJECT plans with the COUNTY'S Engineering Division/Public Works Department, pursuant to the terms of this agreement. e) It shall be the responsibility of the CITY to obtain and furnish any and all permits required for the PROJECT. f) All adjustments, relocations, repairs, and incidentals required to be performed to the existing CITY facilities within this project which are not included in this contract shall be the sole responsibility of the CITY. All such work is to be coordinated with the construction of this PROJECT in a manner that will not cause delay to the PROJECT. In the event of any unforeseen site conditions which cause a delay or change in the PROJECT, the CITY shall be responsible for all additional costs caused by such unforeseen site conditions. g) All adjustments, relocations, repairs, and incidentals associated with this PROJECT which are not included in the final PROJECT plans shall be the responsibility of the CITY. In the event the CITY shall make changes to the PROJECT, the CITY shall be responsible for any and all additional costs resulting from such changes. In the event of any unforeseen site conditions that cause a delay or change in the PROJECT, the CITY shall be responsible for all additional costs caused by such unforeseen site conditions. h) The CITY shall be responsible for all contract administration and construction project management to monitor the PROJECT in compliance with the CITY'S contract procedures and records maintenance. i) All services and work under the PROJECT, and all adjustments, relocations, repairs, and incidentals are required to be performed to the satisfaction of the CITY'S Project Manager, in consultation with the COUNTY. The CITY shall not be liable to the COUNTY for any damage to COUNTY caused by the interruption of CITY'S facilities, utilities or services. j) Upon the successful completion of the PROJECT, the CITY will assume maintenance of Cross Creek Boulevard in its entirety for the length of the PROJECT and provide the COUNTY with "As Built" plans of the PROJECT in paper hard copy and CD-ROM, or such other digital media as may be agreed upon by the parties. The COUNTY will reimburse the CITY for its share of the roadway maintenance through an addendum to the existing CityICounty Interlocal Road

145 Maintenance and Operation Agreement. The COUNTY will also hmish the CITY the usual sums and amounts expended by the COUNTY in performing such maintenance to include all expenses such as overhead, operational and equipment costs, labor and materials and any and all such expenses as may be expended by the COUNTY in the daily maintenance and operations for Cross Creek Boulevard commencing one year after the success~l completion of the PROJECT. Said additional compensation shall continue on a yearly basis, prorated, until the successfd amendment or addendum to the CityICounty Interlocal Road Maintenance and Operation Agreement. k) The COUNTY will not participate in the installation, maintenance, or operation of any street lighting except to such extent as previously committed or agreed to prior to the date of this agreement. ARTICLE 11. PERIOD OF AGREEMENT This Agreement shall continue in existence unless and until terminated by either party. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, retum receipt requested, at least 45 days prior to the termination date specified in the notice. ARTICLE 111. NO ASSUMPTION OF LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section , Florida Statutes. ARTICLE IV. NOTICES All notices required by or regarding this Agreement shall be sent in writing to the respective party at the address set forth herein, or to such other addresses as the parties may direct fiom time to time by written notice in accordance with this paragraph. All notice shall be sent either by (a) registered or certified mail, retum receipt requested; or, (b) hand delivery. The City: City of Tampa Transportation Manager 306 East Jackson Street Tampa, Florida The County:

146 Hillsborough County Attention: Scott B. Cottrell Director, Engineering DivisiodPublic Works Department Post Ofice Box Tampa, Florida ARTICLE V. ENTIRE AGREEMENT This Agreement embodies the complete and entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE VI. MODIFICATIONS OR AMENDMENTS TO AGREEMENT This Agreement may not be modified or amended except by a written agreement signed by the authorized representative of the parties. ARTICLE VII. INDEMNIFICATION The CITY, to the extent authorized by Section , Florida Statutes (2003), shall indemnify, defend and hold COUNTY harmless fiom all liabilities, claims, demands or actions at law and in equity that may hereafter at any time be made or brought by any one for the purpose of enforcing a claim on account of any injury or damage caused in whole or in part by any negligent or intentional wrongful act or omission of the CITY, its agents or employees during performance of this Agreement, including, but not limited to any delay, hindrance, or interference damages claimed by the CITY'S contractor.. The COUNTY, to the extent authorized by Section , Florida Statutes (2003), shall indemnify, defend and hold CITY harmless fiom all liabilities, claims, demands or actions at law and in equity that may hereafter at any time be made or brought by any one for the purpose of enforcing a claim on account of any injury or damage caused in whole or part by any negligence or intentional wrongful act or omission of the COUNTY, its agents or employees during the performance under this Agreement. ARTICLE VIII. CERTIFICATE OF COMPLIANCE During the term of this Agreement, the CITY hereby certifies that it will remain in compliance with all laws, ordinances, regulations and guidelines pertaining to applicable procurement procedures. During performance of this Agreement, the CITY herein assures the COUNTY that CITY is in compliance with Title VII, of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CITY does not, on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any

147 form or manner against the CITY'S employees or applicants for employment. That CITY understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the CITY herein assures the COUNTY that CITY will comply with Title VI, of the Civil Rights Act of 1964, when Federal grant(s) islare involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination, as herein delineated, are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam era veterans and disabled veterans within its protective range of applicability. ARTICLE IX. INSURANCE REQUIREMENTS The CITY shall require the PROJECT contractor to provide, pay for and maintain throughout the term of the PROJECT, with companies satisfactory to the CITY, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. Such insurance shall be primary coverage afforded the Additional Insured and shall contain a cross-liability or severability of interest clause. The general liability policy shall provide that the CITY is an additional insured. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance on forms, which are to be furnished by the CITY. The authorized representative of the insurance company shown on the certificate must personally manually sign each certificate. The general liability policy shall provide that thirty (30) days written notice by registered or certified mail must be given the CITY of any cancellations, intent not to renew, or reduction in the policy coverage, except in the application of the aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by this Agreement. The insurance coverages required herein are to be primary to any insurance carried by the CITY or any self-insurance program thereof. The contractor shall be responsible for any deductibles under its policies. The CITY shall ensure that all of its contractors and subcontractors carry adequate types and limits of insurance, as follows: (a) Workers' Compensation and Employers' Liabilitv Insurance shall be provided for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida.. The amount of the employers' liability insurance shall not be less than $1,000, bodily injury by accident each accident, $1,000, bodily injury disease each employee, and $1,000, bodily injury by disease policy limit. (b) Commercial General Liability Insurance shall be written on IS0 occurrence form CG 00 01, or substitute form providing equivalent coverage, with a minimum limit of $2,000, each occurrence. Completed operations liability coverage shall be maintained for a minimum of one-year following completion of the work. ARTICLE IX. RECORDING

148 As required by Section (11) Florida Statutes, upon execution by the Parties, this Agreement shall be recorded by the City with the Clerk of the Circuit Court of Hillsborough County. As further required by statute, this Agreement shall be effective upon recording. ARTICLE X. SEVERABILITY If any section, clause or paragraph, or portion thereof of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement and such unenforceable or invalid section, clause or portion thereof shall be severed from the remainder of this Agreement. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals effective as of the date above. ATTEST: CITY OF TAMPA: Date of Execution: CITY CLERKJDEPUTY CITY CLERK By: MAYOR APPROVED AS TO FORM: Resolution no.: ROLAND0 J. SANTIAGO, ESQ ASSISTANT CITY ATTORNEY K:\RJS\Agreements\Transportation\InterlocaAgmt\Cross Creek Blvd.doc

149 IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals effective as of the date above. HILLSBOROUGH COUNTY BOARD OF COMMISSIONERS Date: Attest: Assistant County Attorney

150 AAer recording, return to: City of Tampa Attn: City Clerk 31 5 East Kennedy Blvd. 31d FL Tampa, Flor~da Tel: DPWRransportation Cross Creek Blvd - Turn Lanes RESOLUTION NO A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMPA AND SCHOOL BOARD OF HILLSBOROUGH COUNTY IN CONNECTION WITH THE CROSS CREEK BOULEVARD IMPROVEMENT PROJECT; PROVIDING FOR SCHOOL BOARD OF HILLSBOROUGH COUNTY TO APPROPRLATE $20,000 FOR TURN LANE IMPROVEMENTS TO CROSS CREEK BOULEVARD (PROJECT NO. PW4807) AND MAKE SAID FUNDS AVAILABLE TO THE CITY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR THE FUNDING THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa desires to enter into an Agreement with the School Board of Hillsborough County, who will provide funding for turn lane improvements to Cross Creek Boulevard in connection with the City's Cross Creek Boulevard Improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Interlocal Agreement between the City of Tampa and School Board of Hillsborough County for the Cross Creek Boulevard Improvement Project, a copy of which is attached hereto and made a part hereof, is hereby approved. Section 2. That the Mayor is hereby submitted to execute and the City Clerk to attest and affix the official seal to the Agreement for and on behalf of the City of Tampa. Section 3. That payment of the costs of the services rendered in connection with the Agreement shall be deposited in Account No. ND0136DOl and be expended from Account No. PW0536DHG

151 Section 4. That all other proper officers of the City of Tampa are hereby authorized to do all things necessary in order to carry out the provisions of this Resolution, which shall take effect immediately upon its adoption. Section 5. That the City Clerk shall record an executed copy of the attached agreement in the office of the Clerk of the Circuit Court of Hillsborough County, Florida. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON ATTEST: CHAIRMAN, CITY COUNCIL CITY CLERK APPROVED AS TO FORM: e/s/ ROLAND0 J. SANTIAGO ASSISTANT CITY ATTORNEY K: \RIS\ResolutionslTransportatronlInterlocal-Cross Creek Blvd (Turn Lanes). DOC

152 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ("Interlocal Agreement") made and entered into this day of, 2004, by and between the CITY OF TAMPA, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "City"), and the SCHOOL BOARD OF HILLSBOROUGH COUNTY, a public body corporate of the state of Florida (hereinafter "School Board"). WITNESSETH WHEREAS, The City of Tampa and the School Board of Hillsborough County wish to undertake turn lane improvements to Cross Creek Boulevard (hereinafter "Project"), and WHEREAS, the City and the School Board regard these improvements as necessary in the interest of safety and mobility, and WHEREAS, the School Board shall fully fund construction services (herein the "Contract")to construct the improvements, WHEREAS, the City will assist the School Board in its considerations by supplying design, engineering and project management services in order to effectuate the Project; and, WHEREAS, the City and the School Board desire to enter into an Interlocal Agreement pursuant to Section et set., Florida Statues, to provide for the Project construction, NOW, THEREFORE, in consideration of the premise, mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE I Purpose The foregoing recitals are true and correct and are incorporated by reference. The purpose of the Interlocal Agreement is to provide funding for the aforementioned Project in accordance with a scope of services. ARTICLE I1 Covenants and Agreements of the City and School Board (a) A Contractor will be selected and managed by the City of Tampa Transportation Division Staff pursuant to applicable procedures and in accordance with requirements of all applicable state and local laws and regulations from a short list developed through the Consultants Competitive Negotiation Act.

153 (b) The School Board shall be responsible for paying for the cost of construction; provided, however, in no event shall the School Board be required to pay more than $20, for the Project. The City shall also contribute to the project by providing in lieu services in the form of design, engineering, inspection and project management services necessary to complete the work. ARTICLE I11 Period of Interlocal Agreement The period of this Interlocal Agreement shall begin upon its execution by the City and the School Board and shall continue until: (a) The Project is satisfactorily completed and delivered to the City and the School Board, and (b) The City has delivered to the School Board an accounting of all the sums expended in connection with the Project in accordance with Article IV hereof, unless earlier terminated as hereinafter provided, or unless extended by prior written agreement of both The City the and the School Board, further provided, however, that the term of this Interlocal Agreement shall not exceed two (2) years from the date of execution. ARTICLE IV Filing of Interlocal Agreement and Payment for Project Upon execution of this Interlocal Agreement by both the City and the School Board, the City Clerk shall cause a certified copy of this Interlocal Agreement to be filed with the Clerk of the Circuit Court for Hillsborough County, Florida in accordance with Section (1 I), Florida Statues. The Contractor will be required to submit to the City a detailed cost estimate listing hour and rate estimates to accomplish the Project. The City, and Contractor shall come to an agreement as to the cost of the Project. Within thirty (30) days from the date of execution of this Interlocal Agreement the School Board shall remit the sum of $20, to the City which the City shall place in a separate account to be used solely in connection with the Project. Simultaneously, the City shall provide the School Board with the account number and evidence of the deposit by the City into such account. The City is hereby authorized to use the sums deposited in said account to pay for the Project, and for no other purpose whatsoever, The City of Tampa Transportation Division shall approve all requests for payment in connection with the Project prior to payment. Within thirty (30) days after the delivery of the Project to both the City and the School Board by the Contractor and the acceptance of the Project by the parties, the City shall cause final payment to be made to the Contractor for the Project. Sixty days thereafter, the City shall provide the School Board with a detailed accounting.of all the sums paid from the account established by the City for the Project and copies of all paid invoices received from the Contractor in connection with the Project. If there are any sums of money remaining in the account at this time, the City shall remit to the School Board all sums remaining in said account at the time the City delivers the School Board its accounting of all sums paid in connection with the Project.

154 ARTICLE V Modification, Amendment and Assignment This Interlocal Agreement may not be modified, amended, extended or cancelled verbally or by conduct but only by written amendment duly executed by both parties hereto. This Interlocal Agreement shall not be assigned to other parties by either the City or the School Board without written consent of the other party. ARTICLE VI Maintenance of Records The City shall cause the Contractor to maintain such records and accounts, including property, personal and financial records relating to the Project, as are deemed reasonably necessary by the City and the School Board and requested by the School Board in writing to the City, to assure a proper accounting for all School Board fhds provided to the City hereunder. The City shall instruct the Contractor to make the aforesaid records available for audit or inspection purposes at the Contractor's Tampa office any time during normal business hours and as oflen as the City or School Board may deem reasonably necessary. The City shall make available to the School Board for examination all such records produced by the City or the Contractor in connection with this Interlocal Agreement. The City shall also permit the School Board, at the School Board 's sole expense, to make (a) transcriptions fiom such records; and (b) audits of all contracts, invoices, materials, relevant records of the Contractor's personnel and employment under this Interlocal Agreement and other data relating to all matters covered by this Interlocal Agreement. The School Board 's right of inspection and audit shall pertain likewise to any audits made by any other agency, whether local, state or federal. The City shall retain for such inspection all of its records and supporting documentation applicable to this Interlocal Agreement for the period of five (5) years fiom the termination of this Interlocal Agreement. ARTICLE VII Indemnification The School Board shall, to the extent permitted by law, indemnify, defend, save and hold harmless the City from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of the Interlocal Agreement by the School Board, its Contractors, agent, or employees, or due to any negligent act, error or omission of the School Board, its Contractors, agent, or employees. It is specifically understood that this indemnification does not cover or indemnify the City for its own negligence or breach of contract. The City shall, to the extent permitted by law, indemnify, defend, save and hold harmless the School Board from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of the Interlocal Agreement by the City, its Contractors, agent, or employees, or due to any negligent act, error or omission of the City, its Contractors,

155 agent, or employees. It is specifically understood that this indemnification does not cover or indemnify the School Board for its own negligence or breach of contract. ARTICLE VIII Termination This Interlocal Agreement may be terminated by either party upon no less than thirty (30) days advanced written notice to the other party. In the event this Lnterlocal Agreement is terminated by the City, thk City's notice of termination shall include an estimated dollar amount of unexpended funds contributed by the School Board and a timetable for the return of the unexpended funds to the School Board. In the event the Interlocal Agreement is terminated by the School Board, the School Board 's notice Of termination shall include a request for a status of funds report and a suggested timetable for the return of any unexpended funds contributed by the School Board. After the City and the School Board have agreed to the timetable, the City shall return the unexpended funds to the School Board within said timefiarne. ARTICLE IX Severability If a court of law should hold any one or more of the covenants, agreements, or provisions of this Interlocal Agreement contrary to any express provision of the law; or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of public policy; or for any reason whatsoever be invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of the Interlocal Agreement. ARTICLE X Notice All notices, demands, requests or other instruments will be given by hand delivery or depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested to the following: If to the City of Tampa, address to: 306 E. Jackson Street, 4th Floor East Tampa, Florida Attention: Elton Smith, Transportation Manager or at such other address as the City may from time to time designate by written notice the School Board;

156 If to the School Board of Hillsborough County, address to: 901 E. Kennedy Boulevard Tampa, Florida Attention: Jill Lemons, Property Manager or at such other address as the School Board may from time to time designate by written notice to the City. ARTICLE XI Default If either party to this Interlocal Agreement has reason to believe that it or the other party is in default of any provision of this Interlocal Agreement, said party shall promptly notify the other party in writing. Such notification shall specify in reasonable detail the facts and circumstances constituting the default. Promptly upon receipt of such notification, the parties shall consult with each other as to what steps shall be taken to cure the default or to mitigate or remedy the consequences thereof. If no resolution is achieved within thirty days, after the receipt of such notice, the non-defaulting party shall be free to exercise whatever rights it has under this Interlocal Agreement or at law or in equity. During such thirty-day period, the City and the School Board shall hlly cooperate with each other, acting promptly and in good faith to remedy the default or mitigate the consequences thereof. ARTICLE XI1 Counterparts/Whole Agreement This Interlocal Agreement may be executed in any number of counterparts and by separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. This Interlocal Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations, or agreements, either verbal or in writing, between the parties hereto. ARTICLE XI11 Compliance with Applicable Laws The City and the School Board hereby represent and warrant to each other that each party shall comply with all applicable federal, state and local laws, ordinances, rules and regulations in connection with this agreement. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first written.

157 ATTEST: CITY OF TAMPA CITY OF CLERK BY: PAM IORIO MAYOR (SEAL) ATTEST: SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA LENNARD SUPERINTENDENT I APPROVED AS TO FORM: ASSISTANT % BY: (SEAL) ANN S. OLSON CHAIR APPROVED AS TO FORM: CITY ATTORNEY

158 RESOLUTION NO DPW A RESOLUTION APPROVING CONTRACT CHANGE ORDER NO. 7 ADDING $273, TO THE CONTRACT BETWEEN THE ClTY OF TAMPA AND R. E. PURCELL CONSTRUCTION, INC. FOR CONSTRUCTION OF PROJECT PW4913, PW5299, PW4910, CITYWIDE ROADWAY IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No , adopted October 16, 2003, the City of Tampa entered into a contract with R. E. Purcell Construction, Inc, for construction of Project PW4913, PW5299, PW4910, Citywide Roadway Improvements; and WHEREAS, it is necessary to modify the contract to provide for additional work, and the Mayor so recommends; and WHEREAS, modification of the contract under which work is to be performed by R. E. Purcell Construction, Inc. requires City Council approval. BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA, THAT: NOW, THEREFORE, Section 1. Modification of the contract for construction of Project PW4913, PW5299, PW4910, between the City and R. E. Purcell Construction, Inc., as specified in Change Order No. 7, attached hereto and made part hereof, and the Mayor's execution of said Change Order are hereby approved. Section 2. Said Change Order represents an increase of $273, in Account No. PW04380CL-06300; $67, PW4856 and PW05352CF-06300; $206, PW6953 adjusting the total Contract Price to $4,402, Section 3. The proper officers of the City of Tampa are hereby authorized to do all things necessary in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FEB CITY CLERWDEPUTY CITY CLERK CHAIRMANICHAIRMAN PRO-TEM, CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: Justin R. Vaske, Assistant City Attomey

159 City of Tampa - Contract Administration Department CONTRACT CHANGE ORDER NO. 7 January 19, Page 1 of 4 Contractor: R.E. PURCELL CONSTRUCTION CO., INC., 1550 Starkey Rd., Largo, FL Project: Project PW4913, PW5299, PW4910 Citywide Roadway Improvements Original Contract Dated November 19, Authorized by Resolution No SUMMARY: Provide pay items to perform additional work on Lemon Street, from Westshore Boulevard to Lemon Street Existing (PW4856), and to perform improvements to Lois As described in detail below: Lemon Street from Westshore Boulevard to Lemon Street (Existing), Project No. PW4856 ADD lump sum of $8, to provide for increased material costs to $8, construct the Lemon Street project. REASON FOR CHANGE: This cost adjustment reflects the unexpected/ material cost increases that have occurred in the construction industry during the four months after R.E. Purcell quoted pricing and the City of Tampa resolved the right-of-way acquisition issues on Lemon Street. -- ADD lump sum of $30, to construct a new, fenced dumpster pad and to completely remove and dispose of the existing pad. This cost to include all materials, labor and associated electrical work (including permitting). 3 REASON FOR CHANGE: This work was included in the negotiations to purchase a portion of the property needed to construct the Lemon Street extension project. C07-3 WDC#~~ ADD lump sum of $15, to mill 780 square yards of existing 1" thick asphalt, and to install 780 square yards of 1" thick FC-3 asphalt. This cost to include all necessary maintenance of traffic. REASON FOR CHANGE: This construction was not in the scope of the J work originally bid by the Contractor. $15, C07-4 W ~ W ~ R ADD 600 linear feet of furnish and install 6' Type 'B' galvanized fence, set in concrete, at $1 2.43lL.F. REASON FOR CHANGE: This type of fencing was not in the Original Contract. $7, C07-5 WDmm ADD 200 linear feet of furnish and install 6' Type 'B' galvanized fence, plated to top of retaining wall, at $14.961L.F. REASON FOR CHANGE: This type of fencing was not in the Original Contract. $2,992.00

160 City of Tampa - Contract Administration Department CONTRACT CHANGE ORDER NO. 7 January 19, Page 2 of 4 Contractor: R.E. PURCELL CONSTRUCTION CO., INC., 1550 Starkey Rd., Largo, FL Project: Project PW4913, PW5299, PW4910 Citywide Roadway Improvements Original Contract Dated November 19, Authorized by Resolution No As described in detail below: C07-6 I ADD 1 each furnish and install 20' single cantilever slide gate per FDOT 1 $2, Index 453, at $2,311.87/EA. REASON FOR CHANGE: This type of gate was not in the Original, Contract. Speed Tables and Traffic Calming FY04, Project PW6953 DEDUCT lump sum of $205, to provide for adjustment to quantities from originally estimated to actually constructed. REASON FOR CHANGE: Adjustment for various overruns and underruns throughout the course of the project. / Lois Avenue, Cypress Street to Spruce Street, Project No. PW6953 ADD lump sum of $41 1, to perform milling, resurfacing, striping anc median installations on Lois Avenue, from Cypress Street to Spruce Street, per the attached breakdown. This work will also include the construction of imprinted crosswalks at the intersection of Lois and Cypress and the intersection of Lois and Spruce. I REASON FOR CHANGE: This construction was not included in the, 1 Original Contract.

161 City of Tampa - Contract Administration Department CONTRACT CHANGE ORDER NO. 7 January 19, Page 3 of 4 Contractor: R.E. PURCELL CONSTRUCTION CO., INC., 1550 Starkey Rd., Largo, FL Project: Project PW4913, PW5299, PW4910 Citywide Roadway Improvements Original Contract Dated November 19, Authorized by Resolution No As described in detail below:

162 City of Tampa - Contract Administration Department CONTRACT CHANGE ORDER NO. 7 January 19, Page 4 of 4 Contractor: R.E. PURCELL CONSTRUCTION CO., INC., 1550 Starkey Rd., Largo, FL Project: Project PW4913, PW5299, PW4910 Citywide Roadway Improvements Original Contract Dated November 19, Authorized by Resolution No /16/2003 APPROVAL RECOMMENDED BY: - Don Cenneno. Construction Engineer Contract Administration Department Total this C.O. $273, Previous Contract Amount ~ e p a Public w Works Adjusted Contract Amount n, AIA, Director Contra Administration Department t APPROVED AS TO LEGAL SUFFICIENCY: c&hh+d R u Catherine R. Ginster, Assistant City Attorney R.E. Purcell Construction, Inc. Scott Williams, Vice President Pam lorio, Mayor

163 CITYWIDE ROADWAY IMPROVEMENTS CHANGE ORDER NO. 7 REVISED ACCOUNT NO. BREAKDOWN Lemon Street PW4856 PWO4380CL $67, Lois Avenue PW6953 PW05352CF $206, TOTAL THIS CHANGE ORDER: $273,508.46

164 RESOLUTION N A RESOLUTION SETTING A PUBLIC HEARING ON A NOTIFICATION OF PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR TAMPA PALMS DRI, PURSUANT TO SECTION (19), FLORIDA STATUTES, UPON APPLICATION OF ST JAMES UNITED METHODIST CHURCH OF TAMPA PALMS, INC., FOR AN AMENDMENT TO THE DEVELOPMENT ORDER FOR PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the St. James United Methodist Church of Tampa Palms, Inc., (the "Developer") has submitted a Notification of Proposed Change dated June 13, 2005 to the Tampa Palms, Development of Regional Impact, which was initially approved by Ordinance No A, and later amended by Ordinance Nos A, 9016-A, 91-98, ,91-228, 93-46, , , , , , , 97-61, 99-01, 99-02, , , , , , , , and ; and WHEREAS, pursuant to Florida Statutes Section (19)(f), the City of Tampa is required to have a public hearing to consider the proposed changes to the Development Order; and WHEREAS, copies of such Notification have been referred to all agencies and departments required by law, and it is appropriate and proper that a date be fixed for public hearing on such application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That a public hearing be held by the City Council of the City of Tampa, Florida, in City Council Chambers, 3rd Floor, City Hall, 315 East Kennedy Boulevard, Tampa, Florida on March 23, 2006 at 10:OO a.m., at which public hearing all parties in interest and citizens may appear and be heard as to any and all matters pertinent to the Notification of Proposed Change to the Tampa Palms, Development of Regional Impact Development Order filed by St. James United Methodist Church of Tampa Palms, Inc., a copy of which Notification is available on file for public inspection in the Office of the City Clerk, 3rd Floor, City Hall, 315 East Kennedy Boulevard, Tampa, Florida, concerning property generally described as the southwestern quadrant of the intersection of County Road 581 and Interstate 75 - more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. Section 2. That the City ClerkDeputy City Clerk is hereby authorized and directed to publish notice of this public hearing, which notice shall be published immediately upon approval by this Resolution and a minimum of fifteen (15) days prior to the hearing pursuant to the hearing

165 pursuant to Section (19)(f), Florida Statutes, and Section of the City of Tampa Code. Section 3. Pursuant to Section of the City of Tampa Code, the Developer shall comply with all notice requirements and prescribed by state law and all notice requirements established for a parcel rezoning in Section of the City of Tampa Code including but without limitations posting notice and providing written notice to property owners within two hundred fifty (250) feet of the subject property (including roads and streets) and to affected registered neighborhood organizations a minimum of thirty (30) days prior to the public hearing. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA,ON FEB CITY CLERKDEPUTY CITY CLERK CHAIRMAN\CHAIRMAN PRO-TEM CITY COUNCIL PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY H:\MCMU)RnTampa Palms Area 4 - NOPC

166 TAMPA PALMS AREA FOUR DESCRIPTION: A parcel of land lying in Sections 21, 22, 23, 26 and 27, Township 27 South, Range 19 East, Hillsborough County, Florida, said parcel being more particularly described as follows: BEGINNING at the Northwest corner of said Section 22, run thence along the North boundary of the Northwest 1/4 of said Section 22, S.89"45'09"~., feet to the Northeast corner of said Northwest 1/4 of Section 22; thence along the East boundary of said Northwest 1/4 of Section 22, S.00 04'06"~., feet to the center of said Section 22; thence along the North boundary of the Southeast 1/4 of said Section 22, S.89"52'54"~., feet to the Northeast corner of said Southeast 1/4 of Section 22; thence along the North boundary of the South 1/2 of the aforesaid Section 23, S.89"30'00"~., feet to a point on the Northwesterly right-of-way line of the Northwest Frontage Road of Interstate Highway No. 75 at County Road No. 581; thence along said Northwesterly right-of-way line the following four (4) courses: 1) ~.39~27'48"~., feet; 2) S.41 45'14"W., feet to a point of curvature; 3) Southerly, feet along the arc of a curve to the left having a radius of feet and a central angle of 90 00'00" (chord bearing S.03 14'46"~., feet) to a point of tangency; 4) S.48"14'46"~., 3.00 feet to a point on the Northwesterly right-of-way line of County Road No. 581; thence along said Northwesterly right-of-way line of County Road No. 581, S.41 43'09"W., feet to the most Easterly corner of the property described in Official Record Book 4862, Page 0334, of the Public Records of Hillsborough County, Florida; thence along the Northeasterly boundary of said property, N.48"16'51"~., feet; thence along the Northwesterly boundary of said property, S.41 43"09"W., feet to a point on the Northeasterly boundary of a 100 foot wide Florida Power Corporation Easement as described in Deed Book 1627, Page 87, of the Public Records of Hillsborough County, Florida; thence along the Northeasterly boundary of said property described in Deed Book 1627, Page 87, also being the Southwesterly boundary of the aforesaid property described in Official Record Book 4862, Page 0334, S.47"21109"E., feet to a point on the aforesaid Northwesterly right-of-way line of County Road No. 581; thence along said Northwesterly right-of-way line, S.41 43'09"W., feet to a point on the Southwesterly boundary of the aforesaid property described in Deed Book 1627, Page 87; thence along said Southwesterly boundary and the Northeasterly boundary of a 200 foot wide Tampa Electric Company right-of-way as described in Official Record Book 1169, Page 54, of the Public Records of Hillsborough County, Florida, N.47 21'09"~., feet; thence along the Southerly boundary of said property described in Official Record Book 1169, Page 54, N.88"58'22"~., feet to a point on the West boundary of the Southeast 1/4 of the Southwest 1/4 of the aforesaid Section 21; thence along said West boundary, N.00 01'33"E., feet; thence along the West boundary of the Northeast 1/4 of said Southwest 1/4 of Section 21, N.00 12'27"W., feet; thence along the West boundary of the Southeast 1/4 of the Northwest 1/4 of said Section 21, N.00 23'57"W., feet; thence along the West boundary of the Northeast 1/4 of said Northwest 1/4 of Section 21, N.00 27'27"W., feet to the Northwest corner of said Northeast 1/4 of the Northwest 1/4 of Section 21, thence along the North boundary of said Northeast 1/4 of the Northwest 1/4 of Section 21, S.88"40'19"~., feet; thence along the North boundary of the Northeast 1/4 of said Section 21, S.88 54'49"~., feet to the BEGINNING. Containing acres, more or less.

167 GSL TP D28O : TPA4 AWM/Awm December 30, 1987

168 RESOLUTION NO f 9 4 A RESOLUTION SETTING PUBLIC HEARINGS ON AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CHAPTER 27 (ZONING), CITY OF TAMPA CODE OF ORDINANCES; AMENDING ARTICLE VIII, SECTION , HISTORIC DISTRICT ESTABLISHED, TABLE 8-2 SCHEDULE OF DIMENSIONAL REGULATIONS; PROVIDING FOR NOTICE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa is required to hold public hearings on proposed Ordinances pursuant to Chapter 166, Florida Statutes and the City of Tampa Code; and, WHEREAS, the City of Tampa proposes to adopt an ordinance requiring such public hearings as specifically set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That public hearings shall be held by the City Council of the City of Tampa on March 23, 2006 at 5:30 p.m. and April 6, 2006 at 9:30 a.m., in Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, at which public hearings all parties in interest and citizens may appear and be heard as to any and all matters pertinent to a proposed Ordinance the title of which reads as follows: AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CHAPTER 27 (ZONING), CITY OF TAMPA CODE OF ORDINANCES; AMENDING ARTICLE VIII, SECTION , HISTORIC DISTRICT ESTABLISHED, TABLE 8-2 SCHEDULE OF DIMENSIONAL REGULATIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Section 2. That the City Clerk is hereby directed to publish the attached Notice regarding said public hearings in a newspaper of general paid circulation that is published at least five (5) days a week and of general interest and readership, not one of limited subject matter pursuant to Florida Statutes Chapter 50. The advertisements containing said Notice shall be no less than two (2) columns wide by ten (10) inches long in a standard size or tabloid size newspaper, with a headline in the advertisements of no smaller than eighteen (18) point type. The advertisements shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement for the first public hearing shall be published as least seven (7) days prior

169 to said hearing. The advertisement for the second public hearing shall be published at least five (5) days prior to said hearing. Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FFR 1 ATTEST: "id -.-J$&,,J, CITY CLEW~EPUTY CITY CLERK CHAIRMANICHAIRMAN PRO-TEM, CITY COUNCIL PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: CATHLEEN E. O'DOWD ASSISTANT CITY ATTORNEY H:\CEO\PH Reso - Text Amendment

170 NOTICE OF CITY OF TAMPA CODE AMENDMENT The City of Tampa, Florida, proposes to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CHAPTER 27 (ZONING), CITY OF TAMPA CODE OF ORDINANCES; AMENDING ARTICLE VIII, SECTION , HISTORIC DISTRICT ESTABLISHED, TABLE 8-2 SCHEDULE OF DIMENSIONAL REGULATIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Tampa City Council will hold public hearings on the proposed Ordinance on March 23, 2006 at 5:30 p.m. and April 6, 2006 at 9:30 a.m., in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida All parties in interest may appear and be heard as to any and all matters pertinent to the proposed Ordinance. Copies of the proposed Ordinance are available for inspection in the Office of the City Clerk, Third Floor, City Hall, 3 15 E. Kennedy, Tampa, Florida Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon with the appeal is to be based. In accordance with the Americans with Disabilities Act and Section , Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting.

171 RESOLUTION NO I 9 5 A RESOLUTION CALLING FOR PUBLIC HEARINGS RELATED TO AN AREAWIDE REZONING, THE GENERAL LOCATION OF WHICH IS EAST OF 14m STREET, SOUTH OF 9m AVENUE, WEST OF 26TH STREET AND NORTH OF ADAM0 DRIVE, IN THE CITY OF TAMPA, FLORIDA; FROM ZONING DISTRICT CLASSIFICATIONS IG (INDUSTRIAL GENERAL) TO YC-6 (COMMUNITY COMMERCIAL), FROM RM- 16 (RESIDENTIAL MULTI- FAMILY) TO YC-2 (RESIDENTIAL), FROM IH (INDUSTRIAL HEAVY) TO YC-6 (COMMUNITY COMMERCIAL) AND FROM CI (COMMERCIAL INTENSIVE) TO YC-6 (COMMUNITY COMMERCIAL); PROVIDING FOR NOTICE; PROVIDING AN EFFECTIVE DATE. WHEREAS, a motion was duly made and adopted by the City Council of the City of Tampa, Florida, calling for a public hearing for consideration of an areawide rezoning with respect to property hereinafter referred to; and WHEREAS, Florida Statutes Section (3)(~)2 sets forth specific public hearing and publication requirements for proposed areawide rezonings which involve ten (10) contiguous acres or more; and WHEREAS, the City of Tampa proposes such an areawide rezoning in this case which is in excess of ten (10) contiguous acres and therefore it is necessary to set public hearings and provide for advertisement of the same; and, WHEREAS, a public hearing for consideration of such proposed areawide rezoning is necessary and proper. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That public hearings shall be held by the City Council of the City of Tampa on March 23, 2006 at 5:30 p.m. and April 6, 2006 at 9:30 a.m., in Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, at which public hearings all parties in interest and citizens may appear and be heard as to any and all matters pertinent to a proposed areawide rezoning pertaining to certain property the general location of which is: LEGAL DESCRIPTIONS & ZONING DISTRICT CLASSIFICATIONS: (Attached hereto and made a part hereof as Exhibit A) Section 2. That the City Clerk is hereby directed to publish the Notice (attached hereto as Exhibit B) regarding said public hearings in a newspaper of general circulation that is published at least five (5) days a week and of general interest and readership in the City of Tampa, not one of limited subject matter. The advertisements containing said Notice shall be no less than two (2),

172 columns wide by ten (10) inches long in a standard size or tabloid size newspaper, with a headline in the advertisements of no smaller than eighteen (18) point type. The advertisements shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement for the first public hearing shall be published at least seven (7) days prior to said hearing. The advertisement for the second public hearing shall be published at least five (5) days prior to said hearing. Section 3. That the Division of Land Development Coordination is hereby directed to notify each property owner whose land is proposed for rezoning, by mail at least thirty (30) days in advance in accordance with procedures established by state law Florida Statutes (3)(~)(2)(~) and property owners within 250 feet in all directions of the proposed rezoning. The notice shall clearly explain the proposed ordinance and shall notify the person of the date, time, place and location of the public hearings on the proposed ordinance. Section 4. That the City Clerk is hereby directed to post on a bulletin board in the Lobby of City Hall a copy of the Notice (attached hereto as Exhibit B), together with a map showing the area to be rezoned and the proposed changes in zoning, at least thirty (30) days prior to the date set for the public hearing. A copy of said notice shall also be kept available for public inspection during regular business hours in the office of the City Clerk. Section 5. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FFR 1 6 3nn~. CITY CLERK /DEPUTY CITY CLERK CHAIRMANICHAIRMAN PRO-TEM, CITY COUNCIL PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S CATHLEEN E. O'DOWD ASSISTANT CITY ATTORNEY H:\ZONINGE Ybor Areawide PH acres

173 NOTICE OF ZONING CHANGE IN THE CITY OF TAMPA The City of Tampa, Florida proposes to rezone the land within the area shown in the map in this advertisement by adopting the following ordinance: AN ORDINANCE PROVIDING FOR AN AREAWIDE REZONING THE GENERAL LOCATION OF WHICH IS EAST OF 14"' STREET, SOUTH OF 9"' AVENUE, WEST OF 26m STREET AND NORTH OF ADAM0 DRIVE, IN THE CITY OF TAMPA, FLORIDA; FROM ZONING DISTRICT CLASSIFICATIONS IG (INDUSTRIAL GENERAL) TO YC-6 (COMMUNITY COMMERCIAL), FROM RM-16 (RESIDENTIAL MULTI-FAMILY) TO YC-2 (RESIDENTIAL), FROM IH (INDUSTRIAL HEAVY) TO YC-6 (COMMUNITY COMMERCIAL) AND FROM CI (COMMERCIAL INTENSIVE) TO YC-6 (COMMUNITY COMMERCIAL); PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The City Council will hold public hearings on the areawide rezoning on March 23, 2006 at 5:30 p.m. and April 6, 2006 at 9:30 a.m. in Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida. All property owners and parties in interest may appear and be heard as to any and all matters pertinent to the proposed areawide rezoning. Any person who decides to appeal any decision of the City Council with respect to any matter considered at the public hearings will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. For further information, please contact Land Development Coordination at (813) , Third Floor, City Hall Annex, 306 East Jackson Street, Tampa, Florida. The proposed rezoning file is available for inspection in the Office of the City Clerk, Third Floor, City Hall, 3 15 East Kennedy Boulevard, Tampa, Florida. In accordance with the American with Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of this meeting.

174 Area-wide Rezoning Rezone From: IG industrial General To: YC-6 Communitv Commercial Thc South 63 feet of Lot 10, Block 38, LESLEY'S SCBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 8, of the of the public records of Hillsborough County, Florida. TOGETHER WITH All of Block 31, PLAN OF J. T. LESLEY'S ADDITTOS TO EAST T.4MPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida, and the West 54 of vacated 161h street and all of vacated Adamo Drive (S.R. 60) right of way abutting thereon. TOGETHER WITH All of Block 43, PLAX OF I. T. LESLEY'S ADDITION TO EAST TAMFA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida. TOGETHER WITH Lots 6 thru 10, Block 43, PLAN OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thcreof as recordcd in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida. TOGETHER WlTII Lots 6 thru 10, Block 60, PLAN OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida and the South '/z of vacated alley abutting thereon. TOGETHER WITH All of Block 61, PLhh' OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thereof as rccorded in Plat Book 1, Page 12, of the public records of FIillsborough County, Florida. TOGETHER WIT1 I All of Block 02, PLAN OF J. T. LESLEY'S SAnDITlON TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida, and the East K of vacated 1 tith Street and all of vacated, Adamo Drive (S.R. 60) right of way abutting thereon. IBlT "A"

175 TOGETHER WITH All of Block 63, PLtLnI OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida, and the West '/z of vacated, 18'~ street and all of vacated Adamo Drive (S.R. 60) right of way abutting thereon. TOGETHER WITH All of Block 64, PLAN OF J. T. LESLEY'S ADDlTION TO EAST T MA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida. TOGETHER WITH Lots 6 thru 10, Block 65, PLAN OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County. Elorida. TOGETHER WITH Lots 4,5,6 and 7, Block A, PLAN OF J. T. LESL-EY'S ADDlTION TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsboroupb County, Florida, and the vacated alley lying between said lots and the East '/r of vacated 1 gth street abutting thereon. TOGETHER WITH Lots 6 and 7, Block C, PLAN OF J. T. LESLEY'S ADDITION TO EAST TAMPA, according to the map or plat thereof as recorded in Plat Book 1, Page 12, of the public records of Hillsborough County, Florida, and the South M of vacated alley abutting thereon. TOGETHER UrLTH The South?A of Lot 1 AND all of Lots 6,7,8,9 and 10, Block 12, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1. Page 67, of the public records of Hillsborough County, Florida, and the South % of vacated alley abutting said Lots 6 thru 8 and the East!A of vacated alley abutting the South '/2 of said Lot 1 and all of'the vacated alley lying between said lots 8, 9 and 10. TOGETHER WlTH All of Block 20, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1, Page 67, of the public records of Hillsborough County, Florida. TOGETHER WTTH Lots 6,7,8, and 9, Block 19, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1, Page 67, of the public records of Hillsborough County, Florida, and the vacated alley abutting thereon.

176 TOGETHER WITH Lots 5 rhru 8 Block 9, CLARKSOK BRO'S ADDITION, according to the map or plat thereof as recorded In Plat Book 1, Page 67, of the public records of public records of Hillsborough County, Florida. TOGETHER WITH Block 15, less the West 57.0 feet of Lots 6,7,8 and 9, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1, Page 67, of the public records of Hillsborough County, Florida. TOGETHER WITH All of Block 16, CLAMSON BRO'S ADDITION, according to the map or plat thereof sls recorded in PIat Book 1, Page 67, of the public records of public records of Hillsborough County, Florida TOGETHER WITH Lots 4 and 5, Block 17, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book I, Page 67, of the public records of public records of Hillsborough County, Florida, and the vacated alley abutting said Lots. TOGE'I'HEK WITH All of Blocks 33,37, and 39, Ah33 Lot 2, Block 40, all lying in TURMAN'S EAST YBOR SUBDIVISION. according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida, and all of the vacated portions of 23rd street and 25Ih street right of way abutting thereon. TOGETHER WITH Lots 1 thru 7 and Lots 8 thru 14, Block 34, TURMAN'S EAST YBOR SUBDlVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 30, of the public records of Hillsborough County, Florida, and the vacated alley abutting Lots 1 thru 5 and 10 thru 14 thereon, TOGETHER WITH All of Lots 1 thru 7 and 8 thru 14 in Blocks 35,36, and 38, all lying in TUR,MAN'S EAST YBOR SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida. TOGETHER WITH Lots 10, , the North 33 '/2 feet and the West 32 feet of the South 62 feet of Lot 13 and the Xorth 33!/: feet of Lot 14, Block 29, TUNAN'S EAST YBOR SLBDWISION. according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida.

177 recorded in Plat Book 1: Page 20, of'ttie public recoras 01 HlllsDorougn LourrLy, r NJI ILIA. TOGETMER WITH Lots 3 thn~ 12, BIock 23, TGRMAN'S EAST YBOR SUBDIVISIOS, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida, and the vacated alley abutting thereon. TOGETHER WITH Lots 3 thru 7, and Lots 12, 13, 14, Block 26, TLKMAN'S EAST YBOR SLTBDIVZSION, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida. TOGETMER WITH All that part of the C.S.X. Railroad, lying Southerly of and abutting the South boundaries of, PLAY OF J. T. LESLEY 3 ADDDITIOK TO EAST TAMPA. according to the map or plat thereof as recorded in Plat Book 1, Page 12, and CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1, Page 67 and TURMAN'S EAST YBOR SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 20, all of the public records of Hillsborough County, Florida and lying Easterly of and between the centerline of 15'h Street on the West and lying Westerly of and between the centerline of 26Ih Street on the East, all lying in Sections 17 and 18 Township 29 South, Range 19 East, Hillsborough County, Florida. TOGETHER WITH Rezone From: RW-16 Residential Multi-Familv To: YC-2 Residential Lots 8 and 9 of Block 10, TURh/iikY'S EAST YBOR SLBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the public records of Hillsborough County, Florida.

178 TOGETHER WlTH Rezone From: IN Industrial Heavv To: YC-6 Community Commercial Lots 1,2,3, 6, 7, and 8, Block 17, CLARKSON BRO'S ADDITION, according to the map or plat thereof as recorded in Plat Book 1, Page 67, of the public records of Hillsborough County, Florida, and the vacated alley abutting thereon. TOGETHFR WITH Rezone From: CI Commercial Intensive To: YC-6 Communitv Commercial Lots 8 and 9, Block 29, TLRMAYS EAST YBOR SUBDlVISION, according to the map or plat thereof as recorded in Plat Book I, Page 20, of the public records of Hillsborough County, Florida.

179

180 RESOLUTION NO :j ii A RESOLUTION AUTHORIZING AN EXTENSION OF TIME FOR THE DISCONTINUANCE OF SALE OF ALCOHOLIC BEVERAGES AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 3722 HENDERSON BOULEVARD, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Ordinance No A, passed and ordained by the City Council of the City of Tampa on January 29, 1954, the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises, is lawful at or from that certain lot, plot or tract of land located at 3722 Henderson Boulevard, Tampa, Florida, as more particularly described in Section 2 hereof ("Subject Property"); WHEREAS, in accordance with an application filed on July 14, 2005, the City of Tampa granted a one hundred twenty (120) day extension of time for the discontinuance of the sale of alcoholic beverages at or from the Subject Property; WHEREAS, the one hundred twenty (120) day extension of time for the discontinuance of the sale of alcoholic beverages at or from the Subject Property expired on November 10,2005; WHEREAS, a petition was timely filed in accordance with Section 3-90, City of Tampa Code of Ordinances, requesting an additional extension of time for the discontinuance of the sale of alcoholic beverages at or from the Subject Property in order to allow the Petitioner additional time to market the property for re-lease; and, WHEREAS, the City Council of the City of Tampa is desirous of granting an extension of time to November 10, 2006, within which the sale of alcoholic beverages may commence being sold at or from the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. forth herein. That the recitals set forth above are hereby incorporated as if fully set Section 2. That Petitioner's request for an extension of time for the discontinuance of the sale of alcoholic beverages at or from that certain lot, plot or tract of land located at 3722 Henderson Boulevard, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and by reference made a part hereof, be and the same is hereby granted.

181 Section 3. That the date for recommencing the sale of alcoholic beverages at or from that certain lot, plot or tract of land as described in Section 2 herein is hereby extended to November 10,2006. Section 4. That the proper officers of the City of Tampa are hereby authorized and empowered to do all things necessary and proper to carry out and make effective the provisions of this Resolution. Section 5. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON FEB ATTEST: A' PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S/ REBECCA M. KERT ASSISTANT CITY ATTORNEY WZ (2-APS) Ext. - B&B Cash Grocery Stores, Inc Henderson Blvd.

182 SPECIFIC PURPOSE SURVEY DESCRIPTION SKETCH (NOT A BOUNDARY SURVEY) LEGAL DESCRLPTION (OYERALC TRACT) BLOCK 'I 1-8' Of SOU THL AND SUBDIMYCYV ACCORDING TO MAP OW PLA T WERCW REC~DED IN PLAT BO~K 9, PACE I. PUBLIC RECOROS OF mus8woucu COUNW, ~ORIOA, LESS RIGHTS-OF-WAY FOR PUBLIC ROADS AS DESCRIBED IN DEED BOOK 116, PACE JSS, DEED BOOK 1165, PAGE 99 AND DEED BOOK PACE 396. PUBLIC RECmDS W HILLSBW?OVCH COUNTY; flmida. SAID lract BEING MmE PARnCULARL Y DESCRIBED AS FaLOWS.. BEGINNING A T THE SWWEAST C-R W LOT 8, &XU 'll-8' af SAID SOUTHLAND UIBD/HYOuY, RUN NORTH ALONG WE CAST BWNOARY CY SAID BLOCK "11-6' m7;. RUN THENCE SOUTH 4576' CKST. ALONG A LINE PARALLEL TO AND 10.0 FEET DISTANT FROAI lhe NORJHWST BOUNDARY OF BLOCK 71-6: A DISTANCE QF FEET RUN MENCE ALONG A CURE TO PIE LEFT. WOSE RADIUS IS FEET. A DISTANCE W FEET;. RUN WENCE ALCYVC A CUR* TO THZ LEFT; WOSE R A m IS 10.0 FEET. A &STANCE OF F E T TO 7HE SOUTH BOUNDARY ff SAlD BLOCK "11-8: RUN THENCE SOV7H 89%' EAST ON SAlD SWlH BWNDARY OF BLOCK '11-8' A WSTANCE ff FECT TO WE POINT W BEGINNING. I A PoRnw OF BLOCK -I~-B' GF SOUTHLAND SUBDIWSION ACCORDING TO MAP OR PLAT THEREOF RECOROEO IN PLAT BOOK 9. PAGE 4, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY OESCR18EO AS FOCLOWS: COUUENCE AT THE SOUTHEAST CORNER OF SAlD BLOCK 11-6; THENCE N.89'46'00'W.. ALONG THE SOUTH BOUNDARY OF SAlO BLOCK 11-8, A DISTANCE OF FEET; THENCE N.00'14'00'., A DISTANCE GF 3.W FEET TO THE POINT OF BEGINNING: THENCE N.44'14'59'~., A DISTANCE OF FEET; THENCE N.4S45'01'E.. A DISTANCE: OF FEET: THENCE S.4414'59"., A DISTANCE OF 3.00 FEET; THENCE N.45'45'01'., A DISTANCE OF FEET; THENCE N.4414'59"w.. A OISTANCE OF 5.20 FEET; THENCE N.45'45'01'E.. A OISTANCE Of FEET; THENCE S.4414'59'E., A DISTANCE OF FEET; THENCE S.45'45'01'w.. A OISTANCE OF FEET; THENCE N.4414'59.W.. A DISTANCE OF FEET; THENCE S.45'45'01'W., A DISTANCE OF FEET; THENCE S.O2'42'15'E., A DISTANCE OF 8.92 FEET; THENCE N.89'46'01'W.. A DISTANCE OF FEET TO THE POlNT OF BEGINNING. NOT A BOUNDARY SURVEY I Camrrum ram 8 k B CASH GROCERY STORES, INC.