City Commission - 19 Jan 2021

AGENDA

City Commission

Tuesday, January 19, 2021

Commission Chambers @ 6:00 p.m.

Page

CALL TO ORDER

INVOCATION & PLEDGE OF ALLEGIANCE

Via Zoom - Rabbi Joshua Lobel, Temple B'nai Israel-Reform

A. CEREMONIAL

1.

Recognition Of The 2020 Best Of Largo Winners

Agenda Memo #20-502 - Pdf

5

2.

National Mentoring Month Proclamation


7 - 8

B. CITIZEN COMMENT

C. APPROVAL OF AGENDA/MINUTES

3.

Approval Of Agenda - January 19, 2021

4.

Approval Of Minutes – January 5, 2021

Minutes

9 - 18

D. CONSENT DOCKET

(Previously budgeted or administrative matters that require approval by the City Commission.)

5.

Authorization To Purchase Twenty-Four (24) Vehicles For The Police Department From Duval Ford In Accordance With Florida Sheriffs Association Contract No. FSA20-VEL28.0 In The Estimated Amount of $1,174,070


19

6.

Renewal Of RFP No. 18-P-639, General Employees Long Term Disability, To USAble Life (Formerly Known as Florida Combined Life) For The 2-Year Period Beginning January 1, 2021 Through December 31, 2022 In The Estimated Amount Of $138,829


21

7.

Award Of Scope And Fee To Land & Water Engineering Science, Inc. For The Final Design Of The Neighborhood Roadways - 127th Avenue North Project, In The Amount Of $637,423.97, In Accordance With RFQ No. 19-Q-666


23

8.

Authorization For Additional Fiscal Year 2021 Spending For Trenchless Sanitary And Storm Sewer Rehabilitation, In Accordance With Bid No. 19-B-645 In The Estimated

25 - 26

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City Commission - 19 Jan 2021

Amount Of $550,000


9.

Authorization Of Expenditure For FY 2021 Lien Foreclosure Program Services To Matthew Weidner In The Estimated Amount of $168,500


27

10.

Appointment Of Laenice Scott As A Member Of The Community Development Advisory Board


29 - 30

E. PUBLIC HEARINGS

(Procedure for Public hearings: staff presentation; reading of Ordinance title; public hearing; questions/discussion; City Commission action.)

11.

Ordinance No. 2021-31 - Second Reading - Amending Chapter 5 Of The City Of Largo Code Of Ordinances To Provide Regulations For Animals Within The City


31 - 39

F. LEGISLATIVE MATTERS

(Procedure for legislative matters: staff presentation; public input; City Commission questions/discussion; City Commission action.)

12.

Resolution No. 2288 - Amending Resolution 2179 To Modify The Manner And Type Of Code Cases To Be Heard By The Special Magistrate


41 - 42

13.

Approval Of Purchase And Sale Agreements With 400 West Bay Plaza LLC For Property Located In The 400 Block On The North Side Of West Bay Drive


43 - 84

14.

Ordinance 2021-35 - First Reading - Amending The City Of Largo Municipal Police Officers’ And Firefighters’ Retirement Plan


85 - 97

G. STAFF REPORTS

(Information only, may require City Commission direction by consensus - but does not require formal action by the City Commission. Public input will not be accepted.)

None

H. ITEMS FROM CITY ATTORNEY ZIMMET, COMMISSIONER FENGER, COMMISSIONER GERARD, VICE MAYOR ROBINSON, COMMISSIONER HOLCK, COMMISSIONER CARROLL, COMMISSIONER SMITH, MAYOR BROWN, CITY MANAGER SCHUBERT

I. ADJOURNMENT

J. AGREEMENTS/CONTRACTS

To View Agreements:

https://largo.civicweb.net/filepro/documents/37346?preview=37767

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https://largo.civicweb.net/filepro/documents/37346?preview=37767

City Commission - 19 Jan 2021

Any invocation offered at the start of the City Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the City Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Commission, and the City Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Isabella Nunez, Community Development Staff Contact:

Isabella Nunez, Economic Development Coor. Ext. 7308 [email protected]

TITLE Recognition Of The 2020 Best Of Largo Winners SUMMARY: The "Best of Largo" Awards is a contest that runs concurrent with Largo Small Business Month in November. The City of Largo sponsored the awards in collaboration with Tampa Bay Newspapers. The awards are a fun way to recognize readers' favorite Largo businesses and celebrate the stories of the winning entrepreneurs. Readers of the Largo Leader participate by casting a vote in four categories. The winners are announced at the end of November and a feature story regarding each winning business is run in the paper. The City Commission would like to celebrate and present a certificate of recognition to the following "Best of Largo" Award winners:

• Thrift Shop of Largo located at 12499 Seminole Blvd, winner of best retail business; • Joella's Hot Chicken located at 10150 Ulmerton Rd, winner of the best restaurant category (tied for first place); • Suzi's Restaurant located at 1555 East Bay Dr, winner of the best restaurant category (tied for first place); • Mouse's Sunset Tattoo located at 624 East Bay Dr, winner of the best business and services category; and • A-Premier Lawn Care and Landscaping LLC, winner of the best home-based business category.

This year a video will be played at the City Commission meeting highlighting the winners. CONSISTENT WITH: Economic Development Plan POTENTIAL MOTION / DIRECTION REQUESTED: NONE

Agenda Item #1.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Aileen Carey, Administration Staff Contact:

Aileen Carey, Community Engagement Specialist Ext. 7492 [email protected]

TITLE National Mentoring Month Proclamation SUMMARY: Mentoring has a huge impact on the lives of children and youth thus impacting the future of our communities and City. Over the past few months the City of Largo has shared information about two local mentoring programs. Ready for Life is a local non-profit that serves former foster care youth and has a robust mentoring program, "designed to help create a sense of belonging for our youth". We have also promoted the six mentoring options through Pinellas County Schools at the schools located in Largo. POTENTIAL MOTION / DIRECTION REQUESTED: None ATTACHMENTS: Proclamation

Agenda Item #2.

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CT OF LAQCO

PPOCLAIVIATIONWHEREAS, the goals of National Mentoring Month are to raise awareness of the value ofmentoring, recruit individuals to mentor, and encourage organizations to engage and integratequalitymentoring into their efforts; and

WHEREAS, a mentor is a caring person who is consistently present and who devotes time

to a young person to help them discover their personal strengths and achieve their full potential

through a structured, trusting relationship; and

. . - - - . rtWHEREAS, quality mentoring encouragespOSlt1V8cholces,IJ|'°m0t95 Self Esteem, SUPP" 5

academic achievement, and introduces youngpeopleto new ideas; and

WHEREAS, mentoring programshave also been effective in combating schoolviolence and

disciplineproblems,substance abuse, incarceration, and truancy; and

WHEREAS, research shows that youth who participate in a mentoring relationshipare morelikely to finish high school and continue onto college; and

WHEREAS, National Mentoring Month gives us the opportunity to appreciate the staff andvolunteers who dedicate their time to quality mentoring programs and celebratethe young peoplewho have found their inner strength with the help of a mentor;

NOW, therefore, I, WOODY BROWN, MAYOR OF THE CITY OF LARGO, FLORIDA,hereby proclaims the month ofJanuary 2021 to be

National Mentoring Month

and urge all observe this week by taking time to recognize and acknowledge the impact ofmentors in the City ofLargo who give so unselfishly oftheir time and talents so students can be

successful.

IN WITNESS WHEREOF, I have hereunto set

my hand and caused the Great Seal ofthe CityofLargo, Florida, to be affixedthis 19"‘ day ofJanuary, 2021.

c 2:; h_‘

Agenda Item #2.

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CITY OF LARGOCITY COMMISSION REGULAR MEETING

January 5, 2021Minutes

COMMISSION PRESENT: Mayor Brown, Commissioners Smith, Fenger, Gerard, Robinson, Holck, Carroll

COMMISSION ABSENT: None

PARTICIPATING STAFF PRESENT: City Mgr. Schubert, City Attorney Zimmet, City Clerk Bruner, Housing GrantsSpecialist Woodard, Dep. Police Chief Loux, Program Engineer Rocke, CommunityStandards Mgr. Schofield, Planner Friel, OPB Mgr. Payne, Police Major Starling,Economic Dev. Mgr. Rojas-Norton

Mayor Brown called the Regular Meeting to order at 6:00 pm.

Invocation was given by Pastor Kristia Wickstrom, Oak Ridge Wesleyan Church, followed by the Pledge ofAllegiance.

CEREMONIAL

None

CITIZEN COMMENT

None

AGENDA

Approval of the Regular Commission Meeting agenda of January 5, 2021.

Motion was made by Commissioner Carroll, seconded by Commissioner Holck, to approve the agenda for theRegular Meeting of January 5, 2021.

Discussion:

Commissioner Gerard requested that Item 6 be removed from the Consent Docket.

Vote:

Voting Aye: Commissioners Smith, Fenger, Gerard, Robinson, Holck, Carroll, Mayor Brown

Motion carried 7-0.

MINUTES

Approval of the Regular City Commission Meeting minutes of December 15, 2020 as on file in the City Clerk'sOffice.

Discussion:

None

Motion was made by Commissioner Fenger, seconded by Commissioner Carroll, to approve the minutes of the

Agenda Item #4.

Page 9 of 97

MinutesJanuary 5, 2021

Regular Meeting of December 15, 2020.

Vote:


Motion carried 7-0.

CONSENT DOCKET

Blanket Authorization For Commissioner Eric Gerard To Attend Various Meetings During FY 2021 For WhichHe May Be Designated To Represent The City Of Largo

Legislative Policy 4-1: City Commission Travel Expenses provides that "In order for the Mayor or aCommissioner to receive reimbursement for travel and other expenses, prior authorization must be granted bythe City Commission." This policy also indicates that "The Mayor or a Commissioner who is the designatedrepresentative of the City to an organization or who serves as a committee member or officer of anorganization of which the City is a member, shall seek advance authorization for such expenses, for a periodnot to exceed one year, at the start of each year."

There may be a number of important issues considered during the 2021 Legislative Session in Tallahassee thatmay be of interest to the City of Largo. In addition to providing written input, it is often beneficial to lobby themembers of the Legislative body by personal contact, both in Tallahassee and locally. Commissioner Gerardmay also be invited to participate in and/or find it beneficial to attend various meetings during the fiscal yearfor the purpose of representing the City's position on matters of interest.

Commissioner Gerard may be appointed or designated to represent the City of Largo on various committeesand boards for which travel is sometimes necessary. In order to comply with Legislative Policy 4-1 as shownabove, it is necessary to obtain prior approval for this travel in the form of a blanket authorization for meetingsof the Florida League of Cities, Tampa Bay Regional Planning Council, Pinellas Suncoast Transit Authority,Homeless Leadership Board – Continuum of Care, Suncoast League of Cities, Area Agency on Aging, andForward Pinellas which are all held in-state. Expenses associated with organizations to which the City belongs,such as the Florida League of Cities, Central Pinellas Chamber of Commerce, and Suncoast League of Cities,are also covered.

Authorization To Enter Into The Renewal Of The Pinellas County Combined Mutual Aid Agreement With ThePinellas County Sheriff And Other Pinellas County Law Enforcement Agencies/Cities For Police Services

The Pinellas County Mutual Aid Agreement grants law enforcement authority to other law enforcementagencies in matters relating to felonies and serious criminal activities outside the normal area of respectivejurisdiction. In 2017, a Combined Mutual Aid Agreement incorporating the language of all the otheragreements and superseding any agreements currently in place between individual cities was approved by allparticipating parties. The Pinellas County Combined Mutual Aid Agreement was entered into by the PinellasCounty Sheriff's Office, the Towns of Belleair, Indian Shores, and Kenneth City, the Cities of Clearwater,Gulfport, Largo, Pinellas Park, St. Petersburg, Tarpon Springs, and Treasure Island, the University of SouthFlorida/St. Petersburg, and the School Board of Pinellas County.

The current agreement expires on January 31, 2021 and the new agreement would run from February 1, 2021until January 31, 2025. A copy of the agreement is included in the Agreements Packet at the end of the agenda.

Approval Of Change Order 1 To Scope And Fee For The Sanitary Sewer Lift Station Floodplain MitigationProject, With McKim & Creed, In The Amount Of $104,381, In Accordance With RFQ No. 19 Q 666‐ ‐

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Agenda Item #4.

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The Engineering Services Department requests City Commission approval for the award of Change Order 1 tothe scope and fee with McKim & Creed for the final design phase of the Sanitary Sewer Lift Station FloodplainMitigation Project.

On September 1, 2020, The City Commission awarded the scope and fee for the final design phase of the LiftStation Floodplain Mitigation project to McKim & Creed in the amount of $399,982. The goal of the project is toimprove the flood resiliency of the most susceptible lift stations in the collection system. Originally, four (4) liftstations were selected to be included in the project:

LS 19, 12760 Indian Rocks Road (in the New Atlantis condominium complex) LS 26, 1799 Doncaster Road (along Allen's Creek) LS 41, 13880 Feather Sound Drive (near Old Tampa Bay) LS 47, 2272 Feather Sound Drive (near Old Tampa Bay)

Lift Station 41 was not included in the original September 1, 2020 design phase approval due to FY 2020 designbudget limitations. Change Order 1 will add Lift Station 41 back into the project, along with additional designwork elements for the relocations of lift stations 19 and 26, which were not part of the original scope.

Authorization To Settle The Lawsuit Of Cushman Vs. Livernois In The Amount Of $50,000

On January 2, 2016, the City of Largo Police were dispatched to LA Fitness on Missouri Avenue in Largo for apossible battery. Officer Livernois and another officer arrived at the LA Fitness to investigate the incident.They questioned the victim and the two females involved. One of the females, Natalia Cushman, according toOfficer Livernois, would not cooperate with him, and he arrested her for obstruction. Ms. Cushman’s attorneyfiled suit against the City of Largo and Officer Livernois for false arrest and excessive force. The claimsincluded a civil rights action under federal statute. The City was dismissed but continued to defend OfficerLivernois for actions he performed within the scope of his employment.

The case is set for trial in January, 2022 in federal court. This case was reviewed by the Risk Committee. As theCommittee agreed, City Attorney Alan Zimmet negotiated this claim with Ms. Cushman’s attorney. Theyagreed on a settlement of $50,000 contingent upon City Commission approval and a full release from Ms.Cushman. The settlement amount is likely less than the attorney’s fees and costs that would be incurred to trythis case.

The Risk Committee recommends settlement of this matter in the amount of $50,000.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Fenger, to approve the ConsentDocket without City Commission discussion and including staff background provided in the Commissionpackets.

Vote:


Motion carried 7-0.

ITEMS REMOVED FROM THE CONSENT DOCKET

Approval Of Subrecipient Agreement With Directions For Mental Health, Inc. d/b/a Directions For Living ForBehavioral Health Navigator Services In The Total Amount Of $60,014

The City Commission approved the annual funding allocation for Directions for Mental Health d/b/aDirections for Living as part of adoption of the FY 2020-21 Community Development Block Grant (CDBG)

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Agenda Item #4.

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Action Plan on July 21, 2020. Staff requests City Commission approval of the subrecipient agreement for thisfunding allocation. Funds provide one full-time Behavioral Health Navigator from Directions for Living as partof the City's Enriching Lives through Mental Health Services (ELMS) Program.

The ELMS Program is a partnership between the Community Development Department and the PoliceDepartment that was established two years ago to address mental health needs in the community. The ELMSProgram will continue to focus on proactively connecting residents who have severe mental illness and/orsubstance abuse with treatment and counseling services. The agreement is retroactive to October 1, 2020 andexpires September 30, 2021. The agreement permits up to two one-year extensions to the agreement if the Citydesires to continue services in the future.

At this time, the US Department of Housing and Urban Development (HUD) has not released this fiscal year'sgrant funding. The final signature on the agreement by the City Manager will be held until such time that HUDreleases funding to the City. A copy of the agreement is included in the Agreements Packet at the end of theagenda.

Questions:

Commissioner Gerard questioned whether detailed reports on specific outcomes and cases are available. Ms.Woodard stated that some scenario information may be available, however privacy laws apply. Dep. ChiefLoux stated that a synopsis can be provided. Commissioner Gerard also questioned any screening measuresthat are taken to ensure Officers’ and Navigators’ safety at the scene. Dep. Chief Loux stated that there is aprocess and that the Navigator comes after the Officers arrive at the scene. He stated that appropriateprecautions are taken.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Gerard, to approve the SubrecipientAgreement with Directions For Mental Health, Inc. d/b/a Directions For Living in the amount of $60,014.

Vote:


Motion carried 7-0.

PUBLIC HEARINGS

None

LEGISLATIVE MATTERS

Award Of Scope And Fee To Greenman-Pedersen, Inc. For The Alum Replacement Alternative EvaluationProject, RFQ No. 19-Q-666, In The Amount Of $189,647.70

Staff requests authorization to award the scope and fee negotiated with Greenman-Pedersen, Inc., under thecurrent Professional Services Contract with the City, for engineering services to provide a replacementalternative evaluation for the aluminum sulfate (alum) injection treatment system at the Largo Nature Preserve.

The treatment facility was completed in 2000 as a demonstration project with the Southwest Florida WaterManagement District (SWFWMD) to treat stormwater runoff and base flow from the watershed by providingmass loading reductions for total nitrogen and total suspended solids. Over the years, the facility's treatmentsystem has not functioned effectively and various attempts to make improvements have not been successful.

Together with SWFWMD, the City has determined that the existing system should not be restored. The scope

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Agenda Item #4.

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of work for this project includes the evaluation of treatment alternatives and recommendations for theimplementation of a new treatment plan and demolition of the existing treatment system.

The scope and fee agreement has been reviewed and approved by the City Attorney. A copy of the agreementis included in the Agreements Packet at the end of the agenda.

Questions:

Mayor Brown stated that the ongoing cost of products added to the pond currently was a concern and that hewould prefer a more natural system. Commissioner Smith asked whether SWFWMD will be providing anyfunding. Ms. Rocke stated that staff will not be requesting funding, however there are other funding sourcesthe consultants will be looking at. Mayor Brown requested that staff provide the annual cost of the currentsystem.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Carroll, to approve award of Scopeand Fee to Greenman-Pedersen, Inc. for the Alum Replacement Alternative Evaluation Project, RFQ No. 19-Q-666, in the amount of $189,647.70.

Vote:


Motion carried 7-0.

Resolution No. 2284 – Establishing The Angel Fund Residential Assistance Program

The Community Development Department requests approval of Resolution No. 2284 to establish the AngelFund Residential Assistance Program. The FY 2021 $30,000 budget is funded through the City of Largo GeneralFund. Funding is intended to assist eligible participants in correcting outstanding code violations. Thisprogram will be managed by the Community Standards Division.

The Angel Fund is a one-time use program for eligible applicants to correct outstanding code violations ontheir property. The program aims to assist the applicant in gaining compliance so they can maintain theirproperty and avoid future code violations. The Angel Fund Residential Assistance Program is not meant to bean ongoing resource for applicants.

The program can be used to correct open code violations for eligible residents who are the owners ofhomesteaded residential properties, mobile homes and manufactured residential units with code violations.The maximum amount allowable for each case project is $1,500 and this money covers the cost of correcting theviolations including, but not limited to, structure, landscape and property maintenance issues. The money canalso be applied to the cost of labor, materials and permits associated with correcting the code violations.

Ms. Bruner read Resolution No. 2284 by title only.

Questions:

Commissioner Holck thanked Mr. Schofield and his staff for putting the program together. CommissionerCarroll also complimented Mr. Schofield on the program and asked whether the program can be connected toCode Enforcement Board fines. Mr. Schofield stated that this was discussed and that it was determined that itwas best budgeted in the General Fund. Mayor Brown pointed out that fines go into the General Fund.Commissioner Smith also complimented the program and stated that he would like to talk about successstories at a later date. Mayor Brown asked whether time parameters have been established, to which Mr.

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Agenda Item #4.

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Schofield stated that they have not, however this issue can be revisited.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Fenger, to approve Resolution No.2284.

Vote:


Motion carried 7-0.

Approval Of Purchase And Sale Agreements With The Douglas Cole Family Trust And Roy E. Terepka, SandraTerepka Hoffman, And Stephen F. Terepka For Properties Located In The 400 Block On The North Side OfWest Bay Drive

The 400 block on the north side of West Bay Drive has been identified as the highest ranked location forconstruction of a new mixed use downtown city hall. The properties on the block are owned by four entities:City of Largo Downtown Community Redevelopment Agency; the Douglas Cole Family Trust; Roy E. Terepka,Sandra Terepka Hoffman, and Stephen F. Terepka; and 400 West Bay Plaza LLC. City Administration hascontracted with Paula Clair Smith, a broker with Colliers International, to negotiate purchase and saleagreements which have been drafted by attorneys with BMO under the direction of City Attorney Zimmet. AsCity Manager, I have signed purchase and sale agreements with the Cole Family Trust in the amount of$450,000 and the Terepkas in the amount of $995,000. These agreements are subject to approval by the CityCommission. They include due diligence periods that extend to February 9 (Cole) and February 19 (Terepka).During this time the City will complete surveys, Phase I environmental studies, and obtain title commitments,and other necessary property inspections. If the City is comfortable with the results of the due diligence, thenclosing can occur no later than March 25 for the Cole property and March 31 for the Terepka property.Discussions are still underway for purchase of the 400 West Bay Plaza property. The agreements include acontingency that they are subject to the City being able to simultaneously close on the purchase of all theproperties not currently owned by the City.

Questions:

Vice Mayor Robinson questioned the time frame for negotiations with the third property owner. Mr. Schubertstated that if there is no agreement in the next week or two, the City will back out of agreements with the othertwo property owners and move on to the next property on the list or come back to the City Commission withamendments to the subject agreements to request additional time.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Fenger, to approve purchase and saleagreements with the Douglas Cole Family Trust and Roy E. Terepka, Sandra Terepka Hoffman, and Stephen E.Terepka for properties located in the 400 block on the north side of West Bay Drive.

Vote:


Motion carried 7-0.

Ordinance No. 2021-29 – First Reading - Future Land Use Map Amendment At 6021 142nd Avenue NorthFrom Institutional (I) to Residential/Office General (R/OG)

The applicant, Robert Pergolizzi, agent for St. Petersburg College (SPC), the property owner, is requesting a

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Agenda Item #4.

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Level IV, Comprehensive Plan Future Land Use Map Amendment (FLUMA) for property located at 6021142nd Ave North (Parcel ID: 05-30-16-88983-001-0010) totaling 7.45 acres, more or less. The applicant isrequesting an amendment to the City's FLUM from Institutional (I) to Residential/Office General (R/OG)future land use classification. The requested FLUMA will require an amendment to the Pinellas CountyCountywide Plan Map from Public/Semi-Public (P/SP) to Office (O) category.

The property was purchased by SPC in 2005, with the intent to convert the existing building intoadministrative offices and a teaching facility. SPC is in the process of consolidating its facilities and theexisting 78,230 sq. ft. building is not needed and largely vacant. SPC intends to sell the property and theInstitutional (I) land use designation is anomalous and not consistent with the majority of land uses along142nd Avenue, which are mostly office, residential, and light industrial. The R/OG category is generallycompatible with current use and the surrounding uses. The reuse of this 7.45 acre property for general officeand/or related compatible uses will lead to redevelopment and infill of existing commercial or residential areasalong 142nd Avenue. All adjacent properties are intensely developed and infill development or reuse of thisproperty will support the neighborhood by providing office jobs in close proximity and will generate taxrevenue for the City of Largo, whereas the current SPC office facility is exempt from property taxes. Thesubject property is severely underutilized and the FLUMA to convert to R/OG will allow for a moreappropriate use and incentivize private reinvestment in this area which is supported by utility infrastructure, major roadways, and mass-transit. The proposed Comprehensive Plan FLUMA is consistent with the goals, objectives, and policies of the adoptedLargo Comprehensive Plan, CDC, Pinellas Countywide Plan Rules and Chapter 163, Florida Statutes. ThePlanning Board reviewed this small-scale FLUMA at a public hearing held on December 3, 2020 andrecommended approval, 6-0 (per recorded minutes). If approved by the City Commission, this amendment willbe submitted to Forward Pinellas, Planners Advisory Committee (PAC) and the Countywide PlanningAuthority (CPA) for review. Thereafter, the amendment will be presented to the City Commission for secondand final reading. If approved by the City Commission, staff anticipates the amendment to be completed byMay 2021.

City Clerk Bruner read Ordinance No. 2021-29 by title only.

Questions:

None

Motion was made by Commissioner Gerard, seconded by Vice Mayor Robinson, to approve Ordinance No.2021-29 on first reading and transmit the amendment to the Countywide Planning Authority (CPA) andschedule a second reading after review by the CPA.

Vote:


Motion carried 7-0.

Ordinance No. 2021-34 – First Reading - Amending The FY 2021 Budget By Appropriating Expenditures In TheAmount Of $41,000 Within The Police Department Donations Trust Fund Budget; Appropriating ExpendituresIn The Amount Of $104,000 Within The Federal Forfeiture Fund; And Appropriating Expenditures In TheAmount Of $29,000 Within The Human Resources Department Risk Fund For Various Police Equipment AndServices

This ordinance is a budget amendment requesting appropriation of revenues and expenditures from variousfunds to the Police Department and Human Resources Department budgets to provide for numerous ongoing

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Agenda Item #4.

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initiatives within the Largo Police Department.

The Largo Police Department has received a sustainability grant from the City and a sponsorship from DukeEnergy to become the first police department in Tampa Bay to utilize electric Police motorcycles, which willadvance the City’s Strategic Plan goal around reducing emissions and resource consumption. The PoliceDepartment intends to purchase 2 all-electric Police motorcycles with the aforementioned grant funds andPolice Donations Trust Fund, totaling $41,000. Additionally, a Police K-9 will be retiring this year requiring thepurchase of a new K-9 for approximately $10,000 utilizing the Police Donations Trust Fund.

The Largo Police Department Strategic Plan calls for the need to establish a comprehensive Mental HealthProgram that advances a culture change surrounding the acceptance of seeking mental health care. Theprogram, which was funded in the FY 2021 budget, requires an additional $29,000 following receipt of a moredetailed scope of services from potential providers of a comprehensive mental health services solution. Thisprogram is budgeted in the Human Resources Department Risk Fund.

The Largo Police Department is purchasing outer-worn protective vests for approximately $43,000 to supportthe Police Department Strategic Plan goal of engaging HPO teams to provide feedback and improve employeewellness from the Federal forfeiture funds. The Department will utilize $51,000 of Federal forfeiture funds tosupplement the purchase and upfitting of a new police van.

City Clerk Bruner read Ordinance No. 2021-34 by title only.

Questions:

Mayor Brown questioned the Sustainability Grant funding. Mr. Payne stated that this was the first year of thisinternal grant applied for by staff for sustainability projects. Commissioner Carroll questioned why the Cityhad access to federal forfeiture funds. Dep. Chief Loux stated that the City was eligible to receive these fundsfrom property seized from felonies that are federal jurisdiction cases on which Largo Officers worked.Commissioner Smith questioned the Duke funding for electric motorcycles. Major Starling stated that theyreached out to Duke to provide a demonstration and they offered to partner with the City. CommissionerSmith questioned the current van, which Dep. Chief Loux stated was nine years old and that the new one willbe upfitted to be multi use. Mr. Schubert stated that the new vehicle will not resemble a military vehicle as thecurrent Humvee vehicle does. Commissioner Gerard asked whether the motorcycles would be Harleys. MajorStarling stated that Harley did not currently have an electric motorcycle available and that the ones to bepurchased were from a company that has been making them for ten years.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Fenger, to approve Ordinance No.2021-34 on first reading and schedule a second reading and public hearing on February 2, 2021.

Vote:


Motion carried 7-0.

STAFF REPORTS

None

Mayor Brown recessed the City Commission meeting and convened the CRA meeting.

COMMUNITY REDEVELOPMENT AGENCY (CRA)

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Agenda Item #4.

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Second Amendment To Repurchase Agreement For Largo Central LLC

The developer for the 500 block of West Bay Drive, Largo Central LLC, has engaged a new investment partnerunder a Letter of Intent (LOI) to negotiate for the redevelopment of the 500 and 600 blocks of West Bay Drive,under a joint venture. During this period of due diligence under the LOI, the term for the redevelopment of theproperty will expire on February 1, 2021 under the First Amendment to the Repurchase Agreement that wasapproved by the CRA on November 22, 2017.

In order to facilitate the negotiation for a new entity and joint venture to redevelop the property under a newsite plan, Largo Central LLC has requested an extension to May 11, 2021.

The City Attorney's office has drafted the Second Amendment to the Repurchase Agreement for 500 West BayDrive with Largo Central LLC. The Development Agreement for the West Bay Lofts expired on June 9, 2019.Therefore, in the absence of a current Development Agreement, the repurchase agreement has been updated tostate that Largo Central LLC must develop the property by May 11, 2021 as a mixed-use development inaccordance with the West Bay Drive Community Redevelopment Plan and any new development agreementthat is finally approved. Prior to the deadline outlined in this amendment, the new entity will negotiate withthe City a new agreement with a new deadline for the project to be completed.

If it is the desire for the CRA Board to extend the repurchase agreement, staff will bring back an update at afuture CRA meeting on the status of the negotiations and/or development permit prior to the new May 11,2021 deadline.

Gary Tave represented Largo Central LLC and John Glickman represented Property Management Group.

Motion was made by Vice Mayor Robinson, seconded by Commissioner Fenger, to approve the secondamendment to the repurchase agreement with Largo Central LLC for the 500 Block of West Bay Drive.

Questions:

Commissioner Smith questioned the new partnership. Mr. Tave stated that the project has been challengingand that PMG is a very large company with extensive resources. Mr. Glickman stated that PMG is excited to bea part of the project and that their intent was to build a high level, multi-family rental project of 250-300 units.Mayor Brown questioned the May 11 deadline. Ms. Rojas-Norton stated that the existing DevelopmentAgreement (DA) expired in June of 2019. She stated that between now and May 11, the new entity will beformed and there will be a request for a formal development agreement. Mr. Zimmet stated the repurchaseagreement will have to be extended before May 11. Commissioner Fenger asked whether the development willinclude a commercial component. Mr. Glickman stated that there will be retail on the ground floor.

Vote:


Motion carried 7-0.

Mayor Brown adjourned the CRA meeting and reconvened the City Commission meeting.

ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER

Commissioner Smith wished everyone a happy New Year. He stated that Library hours will be decreasedbeginning on January 11th.

Commissioner Fenger wished everyone a happy New Year. She complimented the Old Fashioned Christmas

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Parade.

Commissioner Gerard wished everyone a happy New Year.

Vice Mayor Robinson wished everyone a happy New Year.

Commissioner Holck wished everyone a happy New Year. She questioned whether street signs are beingreplaced, as related to her by a citizen. Mr. Schubert stated that there are no plans for replacement, other than ifthey are damaged.

Commissioner Carroll stated that there are Publisher’s Clearing House scammers preying on residents.

Mayor Brown wished everyone a happy New Year. He thanked everyone who helped with the Old FashionedChristmas Parade.

Mr. Schubert stated that he previously communicated to the City Commission that there would be a Countyoperated vaccine operation at a City facility, however it will likely not be done this week. He stated that staffwill continue to work with the County on this.

Commissioner Smith questioned work being done on 1st Avenue and also asked staff to look at how holes onthis roadway can be repaired. He stated that there has been traffic backup on West Bay Drive and asked thatstaff contact DOT to look at the signal timing on West Bay Drive from Central Park Drive to 4th Street.

SUMMARY OF ACTION ITEMS

1. Request by Commissioner Gerard that staff provide detailed quarterly reports on the Behavioral Health Navigator program.

2. Request by Mayor Brown that staff provide annual operating costs for the alum system in the stormwater pond at the Nature Preserve.

3. Request by Commissioner Smith that staff look at the feasibility of repairing the potholes on 1st Avenue NE.

4. Request by Commissioner Smith that staff contact FDOT regarding timing the traffic signals on West Bay Drive from 4th Street to Central Park Drive.

ADJOURNMENT

The meeting adjourned at 7:08 pm.

_________________________________________Diane L. Bruner, CMC, City Clerk

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Tim Perry, Public Works Staff Contact:

Tim Perry, Fleet Manager Ext. 7357 [email protected]

TITLE Authorization To Purchase Twenty-Four (24) Vehicles For The Police Department From Duval Ford In Accordance With Florida Sheriffs Association Contract No. FSA20-VEL28.0 In The Estimated Amount of $1,174,070 SUMMARY: The Department of Public Works (DPW) is requesting City Commission authorization to purchase twenty-four (24) vehicles for the Police Department (PD) in accordance with Florida Sheriffs Association Contract No. FSA20-VEL28.0 in the estimated amount of $1,174,070. The specifications for the vehicles being purchased were developed in collaboration between DPW and PD to ensure that the vehicles will meet operational needs.

twentyincludespurchase year'sThis - HybridInterceptorFord (21) one replacement onePatrol, for vehicles (1) replacement Ford Interceptor Hybrid vehicle for the Problem Oriented Policing (POP) unit, and two (2) additional Ford Interceptor Hybrids per the authorized staffing plan. BUDGET INFORMATION: BUDGETED AMOUNT: $1,554,700 AVAILABLE AMOUNT: $1,554,700 EXPENDITURE AMOUNT:

$1,174,070 Additional Budgetary Information: Funding Source(s): LOST Fund CONSISTENT WITH: Strategic Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AUTHORIZATION TO PURCHASE TWENTY-FOUR (24) VEHICLES FOR THE POLICE DEPARTMENT FROM DUVAL FORD IN ACCORDANCE WITH FLORIDA SHERIFFS ASSOCIATION CONTRACT NO. FSA20-VEL28.0 IN THE ESTIMATED AMOUNT OF $1,174,070.

Agenda Item #5.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Susan Sinz, Human Resources Staff Contact:

Lorraine Boucher, HR/Benefits Supervisor Ext. 7448 [email protected]

TITLE Renewal Of RFP No. 18-P-639, General Employees Long Term Disability, To USAble Life (Formerly Known as Florida Combined Life) For The 2-Year Period Beginning January 1, 2021 Through December 31, 2022 In The Estimated Amount Of $138,829 SUMMARY: The City of Largo has provided disability income protection to General Employees since 2002 with a fully-insured long term disability program. The term “General Employee” is an employee who is in the CWA, Professional/Technical, or Operational Management classifications. USAble Life has offered the City of Largo a two year rate guarantee with no increase to premiums. The following is the schedule of eligibility and benefit amounts payable: Group Years of Service Level of Benefit

Not eligible 0 to 1 years of service 0% of average twelve monthcompensation

Class 1 1 to 3 years of service 40% of average twelve monthcompensation

Class 2 3 to 5 years of service

50% of average twelve monthcompensation

Class 3 5 or more years of service 60% of average twelve monthcompensation

The Long Term Disability (LTD) Fund records all LTD costs for general employees. The fund receives revenues from two main sources: half of all amounts forfeited from the General Employees Retirement Plan when employees leave before becoming fully vested; and investment earnings in the fund. The General Employees Retirement Plan has a five-year vesting requirement for employees to receive 100% of their account balance upon separation from employment. When an employee leaves before reaching five years of service, the employee non-vested balance is divided in half, with one-half of the forfeited amount distributed among remaining employees in the Retirement Plan and one-half of the forfeited amount transferred to the LTD Fund. At the close of FY 2020, the LTD Fund had a balance of $610,000. The LTD Fund balance has been used to pay the premium over the last several years. The LTD Fund balance used annually varies based mostly on the amount of forfeitures received. Based on the existing revenue sources and available fund balance, the City of Largo has not been required to budget additional funds for the LTD program. POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE RENEWAL OF RFP NO.18-P-639, GENERAL EMPLOYEES LONG TERM DISABILITY, TO USABLE LIFE FOR THE 2-YEAR PERIOD BEGINNING JANUARY 1, 2021 THROUGH DECEMBER 31, 2022 IN THE ESTIMATED AMOUNT OF $138,829.

Agenda Item #6.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Barry Westmark, P.E., Engineering Services Staff Contact:

Barry Westmark, Senior Engineer Ext. 4433 [email protected]

TITLE Award Of Scope And Fee To Land & Water Engineering Science, Inc. For The Final Design Of The Neighborhood Roadways - 127th Avenue North Project, In The Amount Of $637,423.97, In Accordance With RFQ No. 19-Q-666 SUMMARY: The Engineering Services Department requests City Commission approval for the award of scope and fee with Land & Water Engineering Science, Inc. (LWES) for the final design of the Neighborhood Roadways - 127th Avenue North project. The 127th Avenue North pavement group consists of:

1. Esquire Manor, which includes 127th Pl N, 127th Ave N, 102nd St N, 104th St N, and 106th St. N; 2. Whispering Pines Manor, which includes 125th Ave N and 108th St N; and 3. Lake Breeze Estates, which includes 103rd St N, 104th St N, and 123rd Ave N.

The design will include improvement of stormwater conveyance and restoration (including asphalt resurfacing) of all roads within Esquire Manor and Whispering Pines Manor. Design for Lake Breeze Estates will include drainage system improvements on 123rd Avenue North. Upon approval of the scope and fee, staff will proceed with final design and prepare a complete set of construction contract plans and specifications. Design is expected to be complete in the second quarter of FY 2022. Construction is currently scheduled for award in late FY 2022. A copy of the Scope and Fee document is included in the Agreements Packet at the end of the agenda. BUDGET INFORMATION: BUDGETED AMOUNT: $801,000.00 AVAILABLE AMOUNT: $801,000.00 EXPENDITURE AMOUNT:

$637,423.97 Additional Budgetary Information: Funding Source(s): 3 % CGT, 30% LOST, 67% Stormwater CGT, LOST, Stormwater CITY ATTORNEY REVIEWED: Yes CONSISTENT WITH: Strategic Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AWARD OF SCOPE AND FEE TO LAND & WATER ENGINEERING SCIENCE, INC. FOR THE FINAL DESIGN OF THE NEIGHBORHOOD ROADWAYS - 127TH AVENUE NORTH PROJECT, IN THE AMOUNT OF $637,423.97, IN ACCORDANCE WITH RFQ-19-Q-666.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Jerald Woloszynski, P.E., Director, Engineering Services Staff Contact:

Jerald Woloszynski, Director Ext. 4400 [email protected]

TITLE Authorization For Additional Fiscal Year 2021 Spending For Trenchless Sanitary And Storm Sewer Rehabilitation, In Accordance With Bid No. 19-B-645 In The Estimated Amount Of $550,000 SUMMARY: Staff seeks City Commission authorization for additional expenditures from FY 2021 budgeted funds within Bid No. 19-B-645, Trenchless Sanitary and Storm Sewer Rehabilitation. The City performs contract rehabilitation and repair of sanitary sewer, reclaimed water, and stormwater systems through the use of this bid with multiple contractors. This contract provides trenchless pipe rehabilitation, which includes wastewater and stormwater pipe cleaning, inspection, grouting and lining services. The following table represents budgeted funds from the Engineering Services, Environmental Services and Public Works Departments. On October 20, 2020, the City Commission approved the FY 2021 expenditures listed in the first funding column in the table below. The authorization of the additional expenditures listed in the second column will allow the Engineering Services Department to complete additional sanitary sewer pipe lining activities identified in the Lift Station 2 sanitary sewer sub-basin 3 inflow and infiltration evaluation. Funding comes from remaining non-encumbered funds in the Lift Station 2 area I&I abatement Capital Improvements Program project.

On October 16, 2018, the City Commission approved the award of Bid No. 19-B-645. The bid included a two year term through September 30, 2020. On October 20, 2020, the City Commission approved the first of the two optional one year extensions. Funds under the bid pricing are not expended unless a project and associated cost are assigned to a contractor. BUDGET INFORMATION:

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BUDGETED AMOUNT: $5,500,000 AVAILABLE AMOUNT: $2,136,437 EXPENDITURE AMOUNT: $0 Additional Budgetary Information: Funding Source(s): Additional Funds Requested 100% Wastewater Stormwater, Wastewater (See table for breakdown) CONSISTENT WITH: Strategic Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 2021 SPENDING UNDER BID NO. 19-B-645, TRENCHLESS SANITARY AND STORM SEWER REHABILITATION, IN THE ESTIMATED AMOUNT OF $550,000.

Agenda Item #8.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Tracey Schofield, Community Development Staff Contact:

Tracey Schofield, Code Enforcement Manager Ext. x7304 [email protected]

TITLE Authorization Of Expenditure For FY 2021 Lien Foreclosure Program Services To Matthew Weidner In The Estimated Amount of $168,500 SUMMARY: The Community Standards Division FY 2021 budget includes $168,500 in expenditures for professional services to Matthew Weidner for the Foreclosure Program. The City is able to offset expenditures of this program through foreclosure revenue. In January 2019, the City Commission reviewed and approved the Foreclosure Attorney Retainer Agreement with Matthew Weidner as part of the Community Standards Division's efforts to revitalize derelict and blighted properties in the City. The most exciting community benefit of this program is that the City has been able to bring nuisance properties into compliance and to close utility lien cases as well during the foreclosure process. The Community Standards Division is also creating an "Angel Fund" grant program offset by lien foreclosure revenue. BUDGET INFORMATION: BUDGETED AMOUNT: $168,500 AVAILABLE AMOUNT: $168,500 EXPENDITURE AMOUNT: $168,500 Additional Budgetary Information: Funding Source(s): Lien Foreclosure Program Revenue CONSISTENT WITH: Strategic Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AUTHORIZATION OF EXPENDITURE FOR FY 2021 LIEN FORECLOSURE PROGRAM SERVICES TO MATTHEW WEIDNER IN THE ESTIMATED AMOUNT OF $168,500.

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Diane Bruner, Administration Staff Contact:

Courtney Fogarty, Deputy City Clerk Ext. 7002 [email protected]

TITLE Appointment Of Laenice Scott As A Member Of The Community Development Advisory Board SUMMARY: The Community Development Advisory Board is comprised of seven residents of the City of Largo. The Mayor and each Commissioner shall appoint one (1) resident to serve as a member of the Board to run concurrently with the term of office of the Mayor or Commissioner who appointed the member. Ms. Laenice Scott is being recommended by Commissioner John Carroll to serve as a member of the Community Development Advisory Board for the remainder of a four-year term which will expire in November 2022. Ms. Scott will fill the vacancy created by the resignation of Ms. Krista Kosier. POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE THE APPOINTMENT OF MS. LAENICE SCOTT AS A MEMBER OF THE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR THE REMAINDER OF A FOUR-YEAR TERM WHICH WILL EXPIRE IN NOVEMBER, 2022. ATTACHMENTS: Community Development Advisory Board Application - Laenice Scott - 23 Dec 2020 - Pdf

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BOARD APPLICATION

Received Date: December 16, 2020

Primary Application Type: Community Development Advisory Board

Name: Laenice Scott Home Address: 2807 Fulton Street SW

Phone: 7274032014 Email: [email protected]

Work Address: 6410 118th Ave. N Largo, Fl 33773

Are you currently a Largo resident?:

Yes How long have you lived in the City of Largo?:

All of my life-43 years

Employment Status: Employed

Have you attended Largo Citizens Academy and if so, what year?:

No.

Education Level Completed: Bachelor's Major Areas of Study: Healthcare Administration

Reason for Applying: I’m applying for this role in hopes of giving back to my community. Also, I would like to be able to see more diversity on the City of Largo community boards.

Please list any specific qualifications, education or experience that would directly relate to the Board for which you are being recommended:

I have lived in this community all of my life and I can give input on what improvements need to be made. I have lots of affiliation with the African American churches in the community.

Are you willing to meet at least monthly for a Board Meeting?:

Yes

Are you generally available should a special meeting of the Board be necessary?:

Yes

I understand the duties and responsibilities of the board I am applying for.

☒ True

Laenice Scott December 16, 2020

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City Commission

AGENDA ITEM REPORT


Tracey Schofield, Code Enforcement Manager Ext. 7304 [email protected]

TITLE Ordinance No. 2021-31 - Second Reading - Amending Chapter 5 Of The City Of Largo Code Of Ordinances To Provide Regulations For Animals Within The City SUMMARY: Changes Since First Reading: During discussion at first reading on December 15, 2020, the City Commission requested clarification with regard to Section #6 concerning allowing certain fowl within single family residential properties. After further discussion between staff and the City Attorney, staff is recommending making a change to Section #6 that would allow residents to maintain up to 12 fowl on their property, except for male chickens (Roosters). The section would no longer limit fowl to female chickens. If the City Commission is in agreement with this change, a motion amending the ordinance on a second reading will be necessary. This change will not require the ordinance to go back to first reading. At the first reading of the ordinance, the City Commission made changes to the ordinance that have been incorporated as follows: Section 12, PET STORES. Section (b) Buying Standards, (1)(d) was changed by revising the sentence that read; "That have not received any State law violations in the past two years" to now read "All breeders have an active state license in good standing with the state where their facility is located". The second change adopted by the City Commission was to Section (b) Buying Standards, (2). The revised language originally read; "The information required in (b)(1) above shall be posted and maintained on each animal's cage, kennel, or enclosure, within clear view and in a reasonable proximity thereof". That language was amended to read "The information required by (b)(1) above shall be posted and maintained on each animal's cage, kennel, or enclosure or in reasonable proximity thereof, all within clear view". Previous Action: Approved 6-1 on December 15, 2020 (Smith - Nay). CITY ATTORNEY REVIEWED: Yes CONSISTENT WITH: Future Focus POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO AMEND ORDINANCE NO. 2021-31 BY AMENDING SECTION 6 TO REPLACE THE WORD "CHICKEN" WITH THE WORD "FOWL".

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I MOVE TO ADOPT/DENY ORDINANCE NO. 2021-31, AS AMENDED, ON SECOND AND FINAL READING. ATTACHMENTS: Animal Ordinance clean, final version

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ORDINANCE NO. 2021-31

AN ORDINANCE OF THE CITY OF LARGO, FLORIDA AMENDING THE CITY OF LARGO CODE OF ORDINANCES BY AMENDING CHAPTER 5 TO ESTABLISH DEFINITIONS RELATING TO ANIMALS, AMENDING THE REGULATIONS REGARDING ANIMALS WITHIN THE CITY, AND ENACTING REGULATIONS FOR THE COMMERCIAL SALE OF DOGS AND CATS WITHIN THE CITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Chapter 5 of the City of Largo Code of Ordinances codifies regulations relating to animals within the City; and

WHEREAS, the City Commission determines that it is in the public interest to amend the regulations relating to animals within the City; and

WHEREAS, the City Commission finds that enactment of this ordinance is consistent with its police powers and will protect the public health, safety, and welfare of the residents of the City, and is consistent with, furthers and implements the purposes, goals, policies, and objectives of the City’s enacted Comprehensive Plan.

NOW, THEREFORE, THE CITY OF LARGO CITY COMMISSION HEREBY ORDAINS:

SECTION 1. The above recitals are true, correct, and are hereby incorporated by reference as the findings of the City Commission.

SECTION 2. Chapter 5, Article I of the City of Largo Code of Ordinances is hereby amended to add a definition section as follows:

Definitions.

As used in this chapter, and for the purpose of enforcement of the provisions imposed by this chapter, the following terms shall mean:

Abandon - means to forsake entirely or neglect or refuse to provide or perform the legal obligations for care and support of an animal.

Animal - means all living beings except humans.

Animal - domestic: Animals that are routinely kept for personal use or enjoyment, which are not exhibited to the public, nor raised for commercial purposes or profit. Domestic animals shall include dogs, cats, mice, hamsters, rabbits, non-fowl birds, and that are owned by and for the personal enjoyment of the residents of the household where kept.

Animal - farm or livestock: Animals commonly associated with farm use, or raised for commercial purposes or profit, including, but not limited to, hoofed mammals such as cattle, sheep, goats, swine, pigs, and horses. Also, fowl as defined below are considered farm or livestock.

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At large - Any animal shall be deemed to be at large when it is off the property of its owner and not under restraint or physical control of a competent person.

Dog Park - A dog park is a public park, typically fenced, where owners or guardians and their dogs can play together. Located within some dog parks are dog runs which are smaller fenced area, created for the same use, that is often located within an existing park. Dog parks offer dogs off-leash play areas and the chance to socialize with other canines and their owners.

Fowl - Any bird kept for its eggs or flesh. Fowl may include but are not limited to chickens, turkey, duck, goose, quail, pheasant, pigeons and guinea fowl.

Owner - Any person, group of persons, or corporation owning, keeping or harboring an animal or animals.

Pet store- Any retail establishment, open to the public, that engages in the retail sale of dogs and/or cats for compensation, regardless of the age of the dog or cat or the physical location of the animal. Such an establishment may be a permanent, temporary, or virtual establishment. An animal shelter or non-profit rescue organization shall not be considered a pet store under this chapter.

Public nuisance animal or animal premises - Any animal or combination of animals, or animal premises, that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, or the enjoyment of life or property.

Restraint or Physical Control - An animal is under restraint or physical control within the meaning of this chapter if it is controlled by a leash or on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.

SECTION 3. Chapter 5, Article I, Section 5-1 of the City of Largo Code of Ordinances is hereby amended as follows:

Running at large.

(a) No person who owns, harbors, keeps or maintains any domestic, livestock or farm animal shall permit the same to wander on the public streets, nor shall such animals be secured, except temporarily, on the public streets or parkways of the city; and any such animal found to be wandering at large, or tied or secured on the public streets or parkways of the city, except temporarily, may be impounded.

(b) No person while having restraint or physical control of any animal shall allow such animal to run at large and trespass upon the property of another.

(c) Limitation on prohibition. Nothing in subsections (a)(b) of this section shall be construed to prevent the walking of a dog under leash control in areas open to the public.

(d) Dogs in parks. Any dog in a city park shall be restrained by a leash under the physical control of the owner or custodian. Nothing in this subsection would prohibit dog owners or guardian from allowing their dog(s) to be off-leash in any city park or portion of a city park which is designated as a “Dog Park.”

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SECTION 4. Chapter 5, Article I, Section 5-2 of the City of Largo Code of Ordinances is hereby repealed and deleted. SECTION 5. Chapter 5, Article I, Section 5-3 of the City of Largo Code of Ordinances is hereby amended as follows:

Requirements for keeping farm or livestock animals.

(a) It shall be unlawful for any person to keep or maintain any farm or livestock animal as defined in any residential section of the city within 300 feet of any residence and without the consent of the owner or occupant of such residence and permission from the city commission.

(b) Nothing in this section shall restrict the keeping of female chickens (hens) as described and controlled under Section 5-4 (b,c,d,e,) of this code.

(c) Places where any farm and livestock animals are allowed to be kept shall be kept clean and dry. All manure shall be picked up daily and kept in a bin or receptacle that will exclude flies and odors. Such bin shall be located at a point most remote from any dwelling or other structure owned or occupied by others than the owner of the premises and shall likewise be placed at a point most remote on the premises from any street. It shall be unlawful for any person to hold such manure on any premises in bins after the same shall have become a nuisance or unsanitary; provided, however, that any person may use such manure on their premises for the purpose of enriching their own ground or for any other use to which manure can properly be put when the same is not offensive or unsanitary.


Fowl running at large; keeping of backyard fowl requirements.

(a) Any fowl running at large within the city are hereby declared to be nuisances.

(b) An exception to (a) of this code allows for the keeping of up to twelve (12) fowl per single-family residence. Such fowl must be owned by the household occupants where kept and raised for personal enjoyment and/or in-home egg or flesh consumption only and there shall be no breeding, selling and or commercial use. No male chicken (Rooster) are permitted at any time.

(c) When fowl permitted in this Section are housed in an outdoor coop or similar structure on a single-family residence, such coop or similar structure shall not be located within the front yard of any interior lot and shall be maintained in a clean and sanitary condition at all times.

(d) Fowl are not allowed on duplex, triplex, town homes, multi-family properties, apartment complexes, community gardens or any other property except as designated in section (b) of this code.

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Abandoning of animals.

(a) It is unlawful for any person who is the owner or possessor, or has charge or custody, of any animal to abandon such animal, to allow such animal to suffer injury or malnutrition or to abandon any animal in a street, road, private property or public place without providing for the care, sustenance, protection, and shelter of such animal.


Shooting at animals with any weapon.

No person shall shoot or shoot at any animal in the city, with any weapon. This section shall not apply to the shooting, use, or possession of firearms or ammunition as those terms are defined in Section 790.001, Florida Statutes, and which are regulated solely by the State of Florida.


Birds; city designated as sanctuary; prohibited acts.

(a) The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.

(b) No person shall trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. If birds of any species are found to be congregating in such numbers in a particular public locality that they constitute a nuisance in the opinion of animal services or appropriate city staff, then in such event the city may authorize the removal of such birds by any legal means available.

SECTION 10. Chapter 5, Article I of the City of Largo Code of Ordinances is hereby amended to add the following section:

Animals or animal premises creating nuisances.

(a) The owner, person acting for the owner, or person in control of any animal or animal premises that has been deemed a public nuisance animal or animal premises, as defined under this Article and outlined in this Section, shall be deemed to be in violation of this Section.

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(b) It shall be unlawful for any person to keep or harbor any animal which barks, whines, howls, or makes other utterances of noises in a repeated or constant manner so as to create a public nuisance, or to keep or harbor any animal which chases after vehicles, bicycles, persons, or other animals in a manner which is likely to cause injury to person or property, or to keep or harbor any animal which destroys or damages property of another, or to keep or harbor any animal or provide any animal premises which unreasonably interferes with the use and enjoyment of the property of another, or have control or custody of any animal which is running at large, causes fouling of the air by odor, defecates on the property of another, or is offensive or dangerous to the public health, safety, or welfare, or to keep or harbor any animal or provide any animal premises that is considered to be a nuisance or menace in the opinion of the City Manager and/or his designee.

(c) It shall be unlawful for any person to feed or distribute grain, other food or garbage of any kind or nature in such a manner as to attract wild or domestic birds, fowl, mammals, or other animals of any kind in confined or concentrated areas in such numbers as to create a public nuisance.

SECTION 11. Chapter 5, Article II of the City of Largo Code of Ordinances is hereby amended to delete and repeal Sections 5-33 and 5-35.

Sec. 5-33. - Removal of dog excreta from certain public and private property.

It shall be unlawful for any dog owner or person in custody of a dog to fail to remove deposits of dog excreta made by a dog in that person's charge when the deposit of dog excreta is known or should be known to the dog owner or person in custody of the dog on any public property including, but not limited to, municipal parks and public rights-of-way; or on private property not owned or occupied as a residence by the dog owner or person in custody of the dog. If such depositing of excreta occurs, the dog owner or person in custody of the dog shall immediately cause its removal for disposal at the premises of the dog owner or person in custody of such dog.

SECTION 12. Chapter 5, Article III of the City of Largo Code of Ordinances is hereby enacted as follows:

Article III. - PET STORES

Sec. 5-34.- Pet store regulations

All owners of pet store, new or existing, shall comply with the following regulations:

(a) Sourcing transparency.

(1) All pet store owners shall have the following information on site for all potential purchasers of dogs/cats, the City, and the State:

a. The name of the United States Department of Agriculture (USDA) breeding facility where the dog and/or cat was bred;

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b. The license number of the USDA breeding facility; and

c. The city and state of the dog's and/or cat's breeding origin.

(2) The information required by (a)(1) shall be posted and maintained on each animal's cage, kennel, or enclosure, within clear view and in a reasonable proximity thereof.

(3) In addition, a sign, in poster format, shall be placed in the pet store, in clear view, stating that the information required above is available for review by all potential purchasers, the city, the county, and the state upon request.

(4) Specific contact information for the breeder of the dog and/or cat may be provided at the discretion of the pet store to its potential purchasers, however, this information is required to be provided to the city upon request.

(b) Buying standards.

(1) All pet store owners shall only purchase dogs and/or cats that are intended to be sold to potential purchasers from breeders:

a. Approved and licensed by the USDA; and

b. That have not received any direct violations from the USDA in the past two years; and

c. That have not received more than four indirect violations from the USDA in the past two years; and

d. All breeders have an active state license in good standing with the state where their facility is located.

(2) The information required by (b)(1) above shall be posted and maintained on each animal's cage, kennel, or enclosure, or in reasonable proximity thereof, all within clear view.

(3) All pet store owners shall have readily available for all potential purchasers, the City, and the State and shall maintain for three years, USDA inspection reports in their entirety for the breeders of all dogs and/or cats being offered for retail sale in their pet stores. For breeders that have been in business between one year and two years, the USDA pre-licensing inspection, the first USDA post-licensing inspection, and a statement that no other inspections have been completed shall suffice.

(4) In addition, a sign, in poster format, shall be placed in the pet store, in clear view, stating that this information is available for review by all potential purchasers, the City, and the State upon request.

SECTION 13. All ordinances or parts thereof inconsistent herewith are hereby repealed and superseded.

SECTION 14. This ordinance shall be codified and made part of the City of Largo Code of Ordinances, and all existing section numbers in Chapters 5, together with any cross references thereto, may be revised to accomplish such codification.

SECTION 15. It is the intention of the Largo City Commission that each provision hereof be considered severable, and, if any section, subsection, sentence, or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected.

SECTION 16. This ordinance shall become effective immediately upon its final passage and adoption.

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APPROVED ON FIRST READING

PASSED AND ADOPTED ON

SECOND AND FINAL READING

CITY OF LARGO, FLORIDA

Louis (Woody) L. Brown, Mayor

REVIEWED AND APPROVED: ATTEST:

Alan S. Zimmet, City Attorney Diane Bruner, City Clerk

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City Commission

AGENDA ITEM REPORT


Tracey Schofield, Code Enforcement Manager Ext. 7304 [email protected]

TITLE Resolution No. 2288 - Amending Resolution 2179 To Modify The Manner And Type Of Code Cases To Be Heard By The Special Magistrate SUMMARY: In December 2016, the City Commission as part of the Public Safety Plan authorized a Special Magistrate process and appointed a Special Magistrate to hear certain code violations. In January 2017, the City Commission reviewed and approved Resolution 2179, which define the type of cases to be heard by the Special Magistrate. Chapter 9, Article V of the Code of Ordinances establishes the Special Magistrate qualifications and procedures. Staff is requesting City Commission approval of Resolution 2288 to amend Resolution 2179 to better define the specific type of cases that may be heard by either the Special Magistrate or the Municipal Code Enforcement Board. The Special Magistrate will be used to hear certain violations of both the Code of Ordinances and the Comprehensive Development Code and violations concerning certain building without permit cases. The Municipal Code Enforcement Board will continue to hear all cases concerning one and two-family residential properties, including violations of building without permit cases. The Development Controls Officer or his/her designee will also continue to be authorized to refer certain cases to the Special Magistrate based upon the complexity or specialized nature of a case. CITY ATTORNEY REVIEWED: Yes CONSISTENT WITH: Future Focus POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE RESOLUTION NO. 2288. ATTACHMENTS: Resolution 2288 final version with ASZ signature (01726392)-1

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RESOLUTION NO. 2288

A RESOLUTION OF THE CITY OF LARGO, FLORIDA AMENDING RESOLUTION 2179 BY

AMENDING THE TYPES OF CASES TO BE HEARD BY THE SPECIAL MAGISTRATE; AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission adopted Resolution 2179 establishing the manner and types

of cases to be heard by the special magistrate; and

WHEREAS, the City Commission has determined that violations involving the Florida Building

Code and violations occurring on commercial, industrial, and multi-family residential properties may

be heard by the Special Magistrate as more specifically provided herein

NOW THEREFORE, THE CITY OF LARGO CITY COMMISSION HEREBY RESOLVES:

Section 1. That Resolution 2179 shall be amended to add the following provision:

Notwithstanding anything else stated in Resolution 2179, the Largo Municipal Code Enforcement Board may hear cases involving alleged violations of the Florida Building Code occurring on single family and duplex residential properties.

Section 2. That this resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS _______DAY OF ________________,2021.

CITY OF LARGO, FLORIDA

_____________________________

Louis (“Woody”) L. Brown, Mayor

REVIEWED AND APPROVED: ATTEST:

_________________________ _____________________________

Alan Zimmet, City Attorney Diane Bruner, City Clerk

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azimmet

Approved

City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Henry Schubert, City Manager, Administration Staff Contact:

Henry Schubert, City Manager Ext. 7103 [email protected]

TITLE Approval Of Purchase And Sale Agreements With 400 West Bay Plaza LLC For Property Located In The 400 Block On The North Side Of West Bay Drive SUMMARY: The 400 block on the north side of West Bay Drive has been identified as the highest ranked location for construction of a new mixed use downtown city hall. The properties on the block are owned by four entities: City of Largo Downtown Community Redevelopment Agency; the Douglas Cole Family Trust; Roy E. Terepka, Sandra Terepka Hoffman, and Stephen F. Terepka; and 400 West Bay Plaza LLC. City Administration has contracted with Paula Clair Smith, a broker with Colliers International, to negotiate purchase and sale agreements which have been drafted by attorneys with BMO under the direction of City Attorney Zimmet. On January 5, 2021 the City Commission approved purchase and sale agreements with the Cole Family Trust in the amount of $450,000 and the Terepkas in the amount of $995,000. They include due diligence periods that extend to February 9 (Cole) and February 19 (Terepka). During this time the City will complete necessaryotherandcommitments, title and studies,environmentalI Phasesurveys, obtain property inspections. If the City is comfortable with the results of the due diligence, then closing can occur no later than March 25 for the Cole property and March 31 for the Terepka property. Subject to City Commission approval, I have subsequently signed a purchase and sale agreement for purchase of the 400 West Bay Plaza property in the amount of $1,400,000. The agreement includes a due diligence period that extends to XXXXXX and a closing date of no later than XXXX. The agreement requires the current owner to convert the existing leases with the three tenants to month by month agreements, with a termination notice by either party of 30 days. It is the intent of the City to allow the tenants to remain in place until December 31, 2021. All the purchase and sale agreements include a contingency that they are subject to the City being able to simultaneously close on the purchase of all the properties not currently owned by the City. Approval of this agreement with 400 West Bay Plaza LLC will result in the City having all properties in the 400 Block under contract for purchase. BUDGET INFORMATION: BUDGETED AMOUNT: 0 AVAILABLE AMOUNT: 0 EXPENDITURE AMOUNT: NA Additional Budgetary Information: Funding Source(s): Budget amendment to be prepared prior to final purchase approval

Interfund Borrowing to be refinanced with long term debt upon approval of City Hall construction

CITY ATTORNEY REVIEWED: Yes CONSISTENT WITH: WBD CRD Plan POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE A PURCHASE AND SALE AGREEMENT WITH 400 WEST BAY PLAZA LLC FOR PROPERTIES LOCATED IN THE 400 BLOCK ON THE NORTH SIDE OF WEST BAY DRIVE.

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ATTACHMENTS: Cole Property Terepka Property

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AS OF 12.13.20

City of Largo, FloridaPurchase – City Hall

Preliminary Schedule of Critical Dates

Date ActionContractProvision

StatusComments

ThursdayDecember 10, 2020

Effective Date. Day of delivery by Seller to Purchaser of an executed counterpart of this Agreement.

1(b) Returned

TuesdayDecember 15, 2020

Seller’s Materials. Seller to deliver listed materials within five (5) days of Effective Date.

6(a)

Tuesday December 15, 2020

Earnest Money Deposit. $13,500.00 Due within three (3) business days of Effective Date to Escrow Agent.

1(b)

TuesdayDecember 15, 2020

Title Order. No later than five (5) days after the Effective Date, Purchaser shall order a commitment for the issuance ofan owner’s title insurance policy from the Closing Agent (the“Commitment”).

5

ThursdayDecember 17, 2020

Survey Order. If the Purchaser elects to obtain a Survey, thePurchaser must order the Survey within five (5) business days after the Effective Date or the date on which Seller provides the existing survey (if any), whichever is later.

5

Unknown Title Objection. Purchaser shall have ten (10) days from the latter of either (i) receipt of the Commitment, or (ii) the receipt of the Survey, if the Purchaser elects to obtain one, tonotify Seller in writing of any objections to matters listed in the Commitment.

5

Unknown Response to Title Objection. Seller has ten (10) days in which to elect to cure or remove such objectionable exceptions (the “Exceptions”) by giving Purchaser written notice of such intention prior to the end of said 10-day period.

5

Unknown Seller’s Opportunity to Cure Title Objections. Seller shallhave a reasonable time, not to exceed twenty (20) days, to cure Title Objections.

5

MondayJanuary 11, 2021*

City Commission Approval. Upon the delivery of a fully executed copy of this agreement, purchaser shall submit this Agreement to its City Commission for approval. If the City Commission Approval is not obtained within 30 days of the Effective Date then it shall be deemed that purchaser has timely elected to terminate this agreement pursuant to this

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StatusComments

section 6. Tuesday

February 9, 2021

Automatically Extended from Monday, February 8, 2021.

Inspection Period. For a period of sixty (60) days from and after the Effective Date of this Agreement Purchaser shall have the right to make such inspections other investigations of the Property.

If the Inspection Period expires on a Monday (including taking into account any automatic extensions provided for in section 19 of this Agreement) then the Inspection Period shall be automatically extended until the Tuesday immediately following such Monday.

If Purchaser requires additional time to obtain any Phase I environmental report or survey, then the Inspection Period shall be extended to the date that is five (5) business days after such report or survey is delivered.

6

Tuesday February 9, 2021

Purchaser’s right to Cancel. In the event Purchaser determines in its sole discretion, at any time on or before the end of the Inspection Period, that it does not desire to proceed with the purchase of the Property, Purchaser may elect to terminate this Agreement by giving written notice to Seller on or prior to 5:00 p.m. on the last day of the Inspection Period.

The entire Earnest Money shall be non-refundable after the final day of the Inspection Period unless there is either: (i) a failed condition precedent to Purchaser’s obligations to proceed to Closing, or (ii) a Seller default under this Agreement.

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1(b)

MondayMarch 15, 2021

Updated Title Commitment. Purchaser may elect to obtain an update to the Commitment (the “Updated Commitment”) within the ten (10) day period before Closing.

ThursdayMarch 25, 2021**

Closing – within 30 business days after the last day of the Inspection period. May be extended a maximum of 30 days to facilitate simultaneous closing with the Adjacent Purchaseand Sale Agreements.

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*Where a period ends on a Saturday, Sunday or Florida holiday, the closing date is extended tothe next day not a Saturday, Sunday or Florida holiday (Sec. 19).

**Closing to be simultaneous with the Adjacent Purchase and Sale Agreements (Sec. 4(f))

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AGREEMENT OF PURCHASE AND SALE

THIS AGREEMENT OF PURCHASE AND SALE (this "Agreement") is made and entered into by and between Roy E. Terepka, an individual Sandra Terepka Hoffman, an individual and Stephen E. Terepka, an individual (collectively referred to as “Sellers”), and City of Largo, Florida, a Florida municipal corporation or its permitted assigns (hereinafter referred to as "Purchaser"). WITNESSETH: In consideration of the Earnest Money (as hereinafter defined), the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged by Purchaser and Sellers, it is agreed as follows: 1. Agreement to Sell and Purchase; Earnest Money.

(a) Sellers agree to sell and Purchaser agrees to purchase, upon and subject to the terms and conditions hereinafter set forth, those certain parcels of real property located in Pinellas County, Florida, being more particularly described on Exhibit “A” to this Agreement, along with all (i) improvements located thereon (including, without limitation, any structures, all HVAC units and systems, pumps, lighting fixtures, plumbing fixtures, window and door treatments, built-in cabinets and bookcases), and (ii) permits and development rights (including, without limitation, any density allocations), and (iii) any and all easements and other appurtenances benefiting the same (collectively, the “Property”).

(b) No later than three (3) business days after the delivery by Sellers to Purchaser of a fully executed counterpart of this Agreement (the “Effective Date”), Purchaser shall deliver the sum of Twenty Nine Thousand, Eight Hundred and Fifty and No/100 Dollars ($29,850.00) in cash or its equivalent (the "Earnest Money") to the Finance Department of the City of Largo, Florida (the “Escrow Agent”). The entire Earnest Money shall be held in escrow to be applied toward the Purchase Price or otherwise held or delivered in accordance with the terms hereof. The entire Earnest Money shall be non-refundable after the final day of the Inspection Period, as defined in section 6 of this Agreement, unless there is either: (i) a failed condition precedent to Purchaser’s obligations to proceed to Closing, or (ii) Sellers default under this Agreement.

2. Purchase Price, Method of Payment and Prorations.

(a) The total purchase price for the Property (the "Purchase Price") is and shall be the sum of

Nine Hundred and Ninety Five Thousand and No/100 Dollars ($995,000.00). The entire Purchase Price for the Property, as adjusted by all credits and prorations permitted or required by paragraph (b) of this section, or elsewhere in this Agreement, will be paid at Closing.

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(b) Except as otherwise indicated below, all credits to Purchaser from the prorations described below shall be prorated as of the date of Closing and shall reduce the amount of cash and all credits to Sellers described below shall increase the amount of cash payable at Closing. The following items will be prorated as follows:

(i) Taxes. Sellers acknowledge that Purchaser is exempt from real property taxation.

At Closing, real estate taxes and assessments for the Property for the year within which the Closing occurs, if any, shall be prorated and paid in accordance with the procedures established by §196.295 Florida Statutes. Sellers shall remain responsible and liable for all taxes regardless of when accrued and payable based on Sellers’ ownership.

(ii) Receipts. If Purchaser is entitled to any rents or other receipts from tenants of the

Property (or any part thereof) which have been paid to Sellers and are allocable to the period after Closing, then such receipts shall be prorated and credited to Purchaser at Closing.

(iii) Utilities. Sellers shall pay directly to the utility provider all amounts due for all

utilities serving the Property prior to Closing, and shall be entitled to receive the refund of any deposits from said utility providers, if any, including, without limitation, power, gas, water, sewer, telephone, cable and sanitary assessments. Sellers and Purchaser shall make arrangements with the utility providers to have all accounts read or billed through to the Closing Date, Purchaser shall establish such accounts as it deems appropriate with said utility providers for post-closing services.

(iv) General. Charges for those services and supply contracts, if any, which Purchaser

expressly agrees in writing to assume at Closing, shall be prorated as of the Closing Date. Sellers shall bear all costs and expenses in connection with the Property arising during or relating to the period prior to the Closing Date, and Purchaser shall bear all costs and expenses thereafter. Accordingly, to the extent Purchaser assumes in writing any service contract or other item of expense, the same shall be prorated at the Closing as of the Closing Date. Sellers shall cause any and all service contracts not expressly assumed by Purchaser to be terminated prior to Closing.

3. Conditions to Sellers’ Obligations. Sellers’ obligations hereunder are conditioned upon the

following:

(a) Purchaser shall provide such evidence as Sellers may reasonably request that the transactions contemplated hereunder have been duly authorized by Purchaser, and that Purchaser’s signatory has authority to execute all closing documents.

(b) Purchaser shall not be in default of any of its material covenants or agreements hereunder.

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(c) If any of the contingencies listed in this section have not been satisfied or waived by Sellers, then Sellers may elect to terminate this Agreement, in which case the Earnest Money shall be retained by Sellers as liquidated damages as Sellers’ sole remedy pursuant to section 11 below.

4. Conditions to Purchaser's Obligations. Purchaser's obligations hereunder are conditioned upon the

following:

(a) Purchaser shall not have terminated this Agreement pursuant to section 6 below.

(b) Sellers shall provide such evidence as Purchaser may reasonably request that the Sellers are the sole owners of the Property and have the full lawful power and authority to execute this Agreement and all closing documents.

(c) Sellers shall not be in default of any of Sellers’ covenants or agreements hereunder. (d) Approval of this Agreement and the transactions contemplated by this Agreement by the

Purchaser’s City Commission.

(e) With the exception of any tenants in possession under any lease included as a Permitted Title Exception as defined in section 5 of this Agreement, Sellers shall deliver occupancy and possession of the Property to Purchaser free of tenants, occupants and future tenancies.

(f) Purchaser’s obligation to close hereunder is contingent upon the simultaneous acquisition

of certain adjacent properties by Purchaser pursuant to the purchase and sale agreements (the “Adjacent Purchase and Sale Agreements”) listed on Exhibit “B” to this Agreement.

(g) If any of the contingencies contained in this section have not been satisfied or waived by

Purchaser, then Purchaser may, without waiving the right to pursue any other remedies, elect to terminate this Agreement and obtain the return of the Earnest Money.

5. Title.

(a) Sellers shall convey to Purchaser at Closing marketable fee simple title to the Property, subject only to (i) ad valorem taxes for the year of Closing not yet due and payable; (ii) easements, covenants and other matters of record which Purchaser agrees in writing to accept (the "Permitted Title Exceptions"); and (iii) the Leases (as hereafter defined). The conveyance shall be made by general warranty deed properly executed in recordable form by Sellers. Title to personal property (if any) shall be conveyed by bill of sale at Closing. Purchaser shall select a title insurance company or title insurance agent (the “Closing Agent”) from which to obtain a title insurance commitment during the Inspection Period from, and shall review the same and provide any objections to Sellers in accordance with this paragraph (a) of this section. The Leases shall be assigned by a written assignment in form reasonably acceptable to Purchaser.

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No later than five (5) days after the Effective Date, Purchaser shall order a commitment for the issuance of an owner’s title insurance policy from the Closing Agent (the “Commitment”). Purchaser may also elect to order an updated survey of the Property (the “Survey”). If the Purchaser elects to obtain the Survey, the Purchaser must order the Survey within seven (7) days after the Effective Date or the date on which Sellers provides the existing survey (if any), whichever is later. Purchaser shall have ten (10) days from the latter of either (i) receipt of the Commitment, or (ii) the receipt of the Survey, if the Purchaser elects to obtain one, to notify Sellers in writing of any objections to matters listed in the Commitment. Sellers shall then have ten (10) days in which to elect to cure or remove such objectionable exceptions (the “Exceptions”) by giving Purchaser written notice of such intention prior to the end of said 10-day period. If Sellers fails to timely respond, then Sellers shall be deemed to have refused to cure or remove the Exceptions. If Sellers agrees to cure or remove any Exceptions, then Sellers shall have a reasonable time, not to exceed twenty (20) days, to do so. If any new Exceptions or matters are revealed by the Updated Commitment (other than matters caused or consented to by Purchaser), then Purchaser shall have the right to object to such Exceptions by giving Sellers written notice thereof. Sellers shall then have five (5) days in which to elect to cure or remove such Exceptions. Purchaser may elect to obtain an update to the Commitment (the “Updated Commitment”) within the ten (10) day period before Closing. If Sellers refuse or are unable to cure or remove any Exceptions within the permitted time periods, then Purchaser may elect, in its sole discretion, either to (i) terminate this Agreement and obtain the return of all Earnest Money; or (ii) proceed to close and accept title to the Property subject to the Exception(s). If Sellers agree to cure any Exceptions, then the Closing Date shall be extended on a day-for-day basis, if necessary, to allow the parties the time periods provided for in this subsection to permit Sellers to cure any Exceptions timely objected to by Purchaser. Notwithstanding the foregoing, Purchaser need not object to any mortgage, lien or other Exception that may be discharged by the payment of money (collectively, “Monetary Liens”). Sellers shall cause all Monetary Liens to be paid or discharged at or before Closing, or to cause the same to be released so that the Property is conveyed to Purchaser free and clear of all Monetary Liens.

(b) Marketable fee simple title as used herein means such fee simple title as is insurable by

Chicago Title Insurance Company, or such other title insurer associated with Fidelity National Title Group that Purchaser may select, to insure title to the Property under its standard ALTA owner's title insurance policy currently in use at standard rates, subject only to standard exceptions and the Permitted Title Exceptions.

6. Inspections.

(a) Within five (5) days of the Effective Date, Sellers will provide to Purchaser for inspection copies of the Due Diligence Information listed on Exhibit “C” to this Agreement. For a period of sixty (60) days from and after the Effective Date of this Agreement (the

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"Inspection Period") Purchaser or its agents shall have the right at any time during normal business hours to make such inspections, analyses, soil tests, environmental assessments and tests, appraisals, engineering reports, market feasibility studies, surveys, operational audits and other investigations of the Property (the "Inspections"). For the purposes of this section 6 only, if the Inspection Period expires on a Monday (including taking into account any automatic extensions provided for in section 19 of this Agreement) then the Inspection Period shall be automatically extended until the Tuesday immediately following such Monday. Notwithstanding the foregoing, if Purchaser requires additional time to obtain any Phase I environmental report or the Survey, then the Inspection period shall be extended to the date that is seven (7) days after such report or Survey is delivered to Purchaser. Purchaser hereby agrees to indemnify and hold Sellers harmless from and against any and all expense of such inspections and any and all claims, actions, causes of action and liabilities for damage to persons or property of any kind incurred by Sellers arising solely and directly from the actions of Purchaser in the conduct of said Inspections, but not for any defects or conditions of the Property which may be disclosed as a result of said Inspections that are not caused solely and directly by Purchaser. All Inspections shall be at Purchaser’s sole cost and expense. In the event Purchaser determines in its sole discretion, at any time on or before the end of the Inspection Period, that it does not desire to proceed with the purchase of the Property, Purchaser may elect to terminate this Agreement by giving written notice to Sellers on or prior to 5:00 p.m. on the last day of the Inspection Period. If Purchaser elects to terminate this Agreement pursuant to this section, Purchaser and Sellers shall have no further right or obligations under this Agreement and the Escrow Agent shall immediately refund all Earnest Money to Purchaser. Upon the delivery a fully executed copy of this Agreement, the Purchaser shall submit this Agreement to its City Commission for approval. If the City Commission Approval is not obtained within 30 days of the Effective Date, then it shall be deemed that Purchaser has timely elected to terminate this Agreement pursuant to this section 6.

7. Sellers’ Covenants, Warranties and Representations. As a material inducement to Purchaser for

entering into this Agreement, Sellers hereby represent and warrant that the following matters are true and correct as of the date hereof:

(a) Sellers are the sole owners of the Property, and own their respective interests as tenants in

common. Sellers have the full power and authority to consummate the transactions described herein. This Agreement and all instruments executed or to be executed by the Sellers in connection herewith are and will be binding on the Sellers. The obligations of Sellers hereunder are joint and several.

(b) No part of the Property is subject to any oral or written lease, except the written leases

listed on Exhibit “D” attached hereto, and by reference made a part hereof (the “Leases”). If Purchaser agrees to accept the Leases, then Sellers shall assign such Leases to Purchaser

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at Closing. Within fifteen (15) days after the Effective date, Sellers shall cause each such tenant to provide Purchaser with an estoppel certificate in the form of Exhibit “E” attached hereto and by reference made a part hereof. Sellers will not enter into any modification or extension of any Lease (except extensions (if any) to which tenant is expressly entitled to exercise pursuant to the terms of the Lease) or enter into any new lease for any part of the Property while this Agreement is in effect without the prior written consent of Purchaser.

(c) Sellers have received no written notice of any default, failure or breach by Sellers under

any Lease or under any covenants, conditions, restrictions, rights-of-way or easements affecting the Property or any portions thereof, and no such default, failure or breach now exists, nor has any event occurred which, with the giving of notice or passage of time, or both, would constitute such a breach, failure or default.

(d) No assessments have been made against the Property which are unpaid or shall not be paid

in full at or prior to the Closing (except those ad valorem taxes, if any, for the then current year which are not yet due and payable), whether or not they have become liens; Sellers are not aware of any assessments against the Property for public improvements not yet in place.

(e) To the best of the knowledge of Sellers, there are no eminent domain or condemnation

proceedings threatened, filed, pending or contemplated which would affect the Property.

(f) To the best of the knowledge of Sellers, there have been no Hazardous Materials stored, used or otherwise released on the Property. For purposes hereof, the term "Hazardous Materials" means any hazardous or toxic substances, materials or wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) and amendments thereto or designated by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and such substances, materials and wastes which are or become regulated under any applicable local, state or federal law rule, ordinance or regulation including, without limitation, any material, waste or substance which is: (i) petroleum and/or petroleum-based substances; (ii) asbestos and/or asbestos containing materials; (iii) polychlorinated biphenyls; (iv) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under any applicable federal, state or local law or regulation; (v) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317); (vi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (vii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); or (viii) any mold, mildew, fungi, spores, chemical and/or microbial matter.

(g) The representations contained in this section 8 shall be true and correct at the time of

Closing.

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(h) Except as expressly stated in this section 7: (i) Seller makes no warranty or representation

regarding the condition or value of the Property; (ii) Purchaser shall rely on its own inspections and review of the physical condition of the Property; and (iii) Purchaser shall accept the Property at Closing in its “AS-IS” condition. The representations contained herein shall survive the Closing for one (1) year.

8. Closing.

(a) Unless the parties agree otherwise, the closing of the transactions contemplated hereunder will be held at a mutually agreed time on or before the date that is forty (40) days after the last day of the Inspection Period, (the "Closing" or "Closing Date"), at the offices of the Closing Agent. The Closing Date may be extended by a maximum of thirty (30) days to facilitate a simultaneous closing of the transactions described in section 4(f) of this Agreement. Sellers shall cooperate with Purchaser to facilitate the simultaneous closing. At the request of any of the parties, the Closing may be conducted by mail. At or before Closing, Sellers shall deliver to Purchaser in accordance with the terms and conditions of this Agreement, the following:

(i) Possession, use and occupancy of the Property;

(ii) General warranty deed conveying fee simple title to the Property, subject only to

any Permitted Title Exceptions;

(iii) Assignment of the Leases;

(iv) Bill of sale for the personal property (if any);

(v) An owner's affidavit and such other instruments as may be required by the Closing Agent for the issuance of the owner's title insurance policy as provided above; and

(vi) All other documents reasonably necessary to complete the transaction contemplated

by this Agreement or otherwise required by the terms of this Agreement.

(b) At or before Closing, Purchaser shall deliver to Sellers, in accordance with the terms and conditions of this Agreement, the following:

(i) The consideration referred to in section 2 above; and

(ii) Any other documents reasonably requested by the Closing Agent to give effect to

the transactions contemplated hereunder.

(c) All documents to be delivered or executed at Closing shall be subject to the reasonable approval of counsel for Sellers and Purchaser.

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9. Closing Costs. Except as expressly provided herein, the parties shall pay the following costs of Closing:

(a) Sellers’ Closing Costs. Sellers shall pay for the following: (i) costs associated with

obtaining and recording any satisfactions, releases, corrective instruments, etc., necessary to convey title to the Property as contemplated hereby; (ii) Sellers’ brokers (if any); (iii) Sellers’ attorney's fees; and (iv) any costs or fees associated with any deferred like-kind exchange pursuant to I.R.C. Section 1031 and the Treasury Regulations promulgated thereunder.

(b) Purchaser’s Closing Costs. Purchaser shall pay for (i) all transfer taxes and fees (including,

without limitation, any documentary stamp or transfer tax fees in connection with the warranty deed); (ii) its Inspections; (iii) the Commitment; (iv) the Survey; (v) the owner's and, if applicable, any mortgagee's title insurance policy premium; (vi) cost of recording the warranty deed; (vii) Purchaser's attorneys' fees; and (viii) Purchaser’s brokers.

10. Default.

(a) If Purchaser breaches, defaults or fails to perform its obligations under this Agreement and Sellers have not breached, defaulted or failed to perform any material obligations under this Agreement, then, as Sellers’ sole remedy, the Earnest Money shall be paid to Sellers as liquidated damages. The parties acknowledge that, based on the information now available, it is not possible to estimate with certainty the actual amount of Sellers’ damages in the event of a default hereunder by Purchaser. However, the amount of the Deposit represents a reasonable estimate of such damages under the circumstances and based on the information now available to the parties.

(b) If Sellers breach, default, or fail to perform any of their obligations under this Agreement,

then Purchaser may elect to (i) proceed with the Closing and accept the Property subject to any fault or defect (except any mortgage or lien which may be removed by the payment of money, which shall be discharged by Sellers); or (ii) terminate this Agreement in which case the Earnest Money shall be returned to Purchaser, and Purchaser may pursue any other remedies available under Florida law.

11. Amendment. This Agreement may not be changed orally, but only by an agreement in writing

executed by Purchaser and Sellers. 12. Waiver. The failure of any party to exercise any right or power given hereunder, or to insist upon

strict compliance by the other party with its obligations set forth herein and/or any custom or practice of the parties at variance with the terms hereof shall not constitute a waiver of either party's right to demand strict compliance with the terms and conditions of this Agreement.

13. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice,

demand or request shall be in writing and shall be deemed to have been properly given and received when sent, if sent to the other proper party by e-mail, when delivered in fact to the other proper party or when deposited in the United States mail, with adequate postage prepaid and sent

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by registered or certified mail or air express mail, such as Federal Express, with return receipt requested, whether accepted or refused, to the contact address set out below or at such other address as is specified by written notice so given in accordance herewith. All notices and requests required or authorized hereunder shall be delivered as aforesaid to the representative parties hereto as follows:

SELLERS: Roy Terepka, et al. PO Box 878 Oldsmar, Florida 34677-0878 With a copy to: Roger A. Larson Multi-State Realty Corp 5 Island Park Place, Apartment 308 Dunedin, FL 34698-8518 [email protected]

PURCHASER:

City of Largo Attn: Henry Schubert, City Manager 201 Highland Avenue NE Largo, Florida 33770

[email protected] With a copy to: Alan S. Zimmet, Esq. Bryant Miller Olive, P.A. 201 N. Franklin Street, Suite 2700 Tampa, Florida 33602 [email protected]

14. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and

interpreted in accordance with the laws of the State of Florida. 15. Rights Cumulative. All rights, power, remedies and privileges conferred hereunder upon the

parties shall be cumulative and not restrictive to those given by law or in equity unless otherwise expressly limited.

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10

16. Entire Agreement. This Agreement, together with all exhibit(s) attached hereto, executed in conjunction herewith, constitute the entire agreement of the parties.

17. Assignment. Neither party shall have the right to assign its rights or duties under this Agreement

without the other party's written consent, which consent may not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Purchaser shall have the right to assign this Agreement to the City of Largo Community Redevelopment Agency aka West Bay Drive Community Redevelopment Agency a Florida redevelopment agency under F.S. 163 or a related entity.

18. Effective Date and Time for Acceptance. If not executed by Sellers and a fully executed copy

hereof delivered to Purchaser on or before December ______, 2020, then this Agreement shall, at Purchaser's option, be voidable.

19. Time Periods. If the last day of any time period provided for herein (or the date by which any event is scheduled to occur on any action is required or permitted to be taken) falls on a Saturday, Sunday or other day that is a banking holiday in the State of Florida, then such date shall be extended until the next succeeding day that is not a Saturday, Sunday or banking holiday.

20. Like-Kind Exchange. Sellers may elect to structure the acquisition of the Property as a deferred like-kind exchange pursuant to I.R.C. Section 1031 and the Treasury Regulations promulgated thereunder. Purchaser shall cooperate in this regard, but at no cost or expense to Purchaser. Further, Purchaser’s cooperation shall not require Purchaser to extend any periods of time hereunder or operate to modify any of Purchaser’s obligations hereunder. In connection with such structure, Sellers may assign their rights under this Agreement to a Qualified Intermediary for the sole purpose of complying with the applicable laws and regulations. Purchaser shall have no responsibility to ensure that any deferred like kind exchange executed by Sellers qualify for Sellers’ intended tax treatment.

21. Further Assurances. Each party agrees to execute and deliver such documents as the other may

reasonably request, even after Closing, to consummate and give effect to the transactions contemplated hereunder.

22. Attorney’s Fees and Cost. In the event of any litigation arising out of or brought for the purpose of

enforcing this Agreement or any of the terms hereof including any indemnity provision, the prevailing party shall be entitled to the costs thereof, including reasonable attorney’s fees at all levels of such litigation.

23. Brokers. Purchaser represents to Sellers that Purchaser has not dealt with any realtor or broker

who might claim or be entitled to any commission on the sale and purchase of the Property, except Colliers International Florida, LLC. Sellers represent to Purchaser that Sellers have not dealt with any realtor or broker who might claim or be entitled to any commission on the sale and purchase of the Property. Each of Sellers and Purchaser agrees to indemnify the other from and against any loss, cost or liability arising from the breach of his or their representation in this section.

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11

24. Risk of Loss. All risk of loss due to condemnation or destruction of the Property (or any part thereof) by fire, hazard or otherwise, shall remain with and be the responsibility of Sellers until the date of Closing. Further, Sellers shall be responsible for repairing of any damages or structural defects in the building, parking areas, driveways and other improvements on the Property (i) arising after the last day of the Inspection Period (unless caused by Purchaser or Purchaser's invitees or contractors); or (ii) existing prior to the last day of the Inspection Period but which would not have been revealed by a reasonable visual inspection.

25. Counterparts. This Agreement may be executed in counterparts, each of which shall be an

original, but, when taken together, shall constitute a single instrument. The parties agree that a signed counterpart received via facsimile or electronic transmission shall be binding upon the party executing such counterpart.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]

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EXHIBIT "A" LEGAL DESCRIPTION

Lots 17, 18, 19, 20, 21 and 22, Block 1, Central Subdivision, according to map or plat thereof as recorded in Plat Book 16, Page 38, Public Records of Pinellas County, Florida.

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EXHIBIT “B” THE ADJACENT PURCHASE AND SALE AGREEMENTS

1. Agreement of Purchase and Sale between the City of Largo, Florida and 400 West Bay

Plaza, LLC.

2. Agreement of Purchase and Sale between the City of Largo, Florida and the Douglas Cole Family Trust.

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EXHIBIT “C” DUE DILIGENCE INFORMATION

1. Mortgage information and lender contact information; 2. Current ownership information as it pertains to the Property; 3. Environmental reports (including, without limitation, any and all Phase I, Phase II, Phase III

regulatory searches, asbestos reports, etc.), if any; 4. Soils reports/geotechnical reports, if any; 5. Site plans, if any; 6. Utility bills, if any; 7. True and Complete copies of the Leases (including any amendments, renewals, etc.); 8. Rent rolls and other pertinent financial information regarding the Leases; 9. Existing title policy and copies of underlying exception documents; 10. Existing Survey, if any; 11. Copies of prior litigation concerning the Property, if any; 12. Any City and County development agreements and developments orders pertaining to the

Property, if any; 13. Any contracts or agreements affecting the Property, if any; 14. Any other governmental agency approvals pertaining to the Property; and 15. Plans or building drawings pertaining to the Property, if any.

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EXHIBIT “D” LEASES

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EXHIBIT “E” FORM OF TENANT ESTOPPEL LETTER

ESTOPPEL CERTIFICATE [Tenant]

[Tenant Address] The undersigned, [Tenant] (together with its successors and assigns, “Tenant”) hereby agrees with and certifies to the City of Largo, Florida, a Florida municipal corporation (together with its successors and assigns, “City”):

1. Tenant is party to that certain [Lease] (the “Lease”), covering the property described therein (the “Property”). Attached as Exhibit A hereto is a true and complete copy of the Lease, together with all amendments or modifications, which remains in full force and effect.

2. The undersigned is the tenant under the Lease, which Lease encumbers the Property.

3. The Lease commenced on the ___ day of _____________, 20__.

4. The Lease is in full force and effect and has not been assigned, subleased, supplemented, modified or amended, in whole or in part, except as follows:

5. Tenant has accepted and is occupying the entire Property.

6. Base Rent is currently due in the amount of $____________________ per month, and has been paid in full through __________________. No Base Rent has been pre-paid.

7. Tenant has not paid a security or other deposit under the Lease, except as follows: ________________________________________________.

8. The amount of all Additional Rent is current and each item of Additional Rent was last paid as follows:

(a) Real property tax and assessments in the amount of $___________. (b) Personal property tax in the amount of $_______________. (c) Insurance premium charge in the amount of $_________. (d) Sales tax in the amount of $__________. (d) Charges for electricity, telephone, water, garbage, sewer and other utilities are paid current.

9. As of the date hereof, to Tenant’s knowledge, there are no claims or offsets, setoffs, rebates, credits, adjustments, concessions, abatements or defenses against or with respect to Base Rent, Additional Rent, any security deposit, or other sums payable under the terms of the Lease, except as follows: _______________________.

10. To the best of its knowledge, there is no existing default or unfulfilled obligations on the part of Tenant or Landlord in any of the terms and conditions of the Lease, and no event has occurred or

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condition exists that, with the passing of time or giving of notice or both, would constitute an event of default under the Lease, except as follows: __________________________.

11. Tenant has no knowledge of any prior assignment or pledge of the rents accruing under the Lease by Landlord, except as follows: ____________________________.

12. The Lease is the entire rental agreement between Landlord and Tenant pertaining to the Property and has not been amended or modified, except as set forth in the recitals hereto.

13. Tenant has the following purchase option or first refusal right with respect to the Property: None.

14. Tenant has not assigned or subleased the Property or any part thereof.

15. To the best of its knowledge, during the term of the Lease, there has not been nor does there currently exist any violation of any environmental law or regulation by Tenant with respect to the Property, except as follows: _________________________________.

16. There are no existing, pending or, to its knowledge, threatened lawsuits between Tenant and Landlord, or, to its knowledge affecting the Property, as the case may be, that if determined adversely to the Tenant would have a material adverse effect on the Tenant’s ability to perform its obligations under the Lease or that would have a material adverse effect on the business or financial condition of the Tenant, except as follows: ____________________________.

17. The Property has been accepted and any improvements completed in conformity with the terms of the Lease. Tenant has been paid all sums (if any) owed by Landlord with respect to allowances for construction performed at the Property by Tenant.

18. To the best of its knowledge, Tenant has all applicable permits, licenses, certificates of occupancy and other documentation required by the applicable governmental authorities in order to operate the charter school in accordance with all applicable laws.

19. Tenant has not received written notice and has no actual knowledge of any voluntary or involuntary bankruptcy, reorganization or insolvency actions, suits, or proceedings (whether pursuant to federal law or the law of any state or commonwealth or other applicable law), existing, pending, or threatened against or involving Tenant.

20. The Lease may be terminated with 90 days’ notice of termination from Landlord.

21. Each individual executing this Certificate on behalf of Tenant represents and warrants that he/she is duly authorized to execute and deliver this Certificate on behalf of Tenant, and that this Certificate is binding upon Tenant in accordance with its terms.

22. This Certificate shall be construed in accordance with the laws of the state in which the Property is located. This Certificate may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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23. The undersigned acknowledges that City and its respective successors and assigns, are relying on the truth and accuracy of the representations made herein and upon the authority of the undersigned to execute this Estoppel Certificate on behalf of Tenant, in connection with their decision to acquire and finance the acquisition of the Property.

[Signatures on following page]

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Dated as of the ___ day of ________________, 2020

TENANT:

[Tenant] WITNESSES: ___________________________________ By: ________________________________ Print Name__________________________ Printed Name: Title: ___________________________________ Print Name__________________________ STATE OF ________________ COUNTY ________________ The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of ___________, 2020, by __________________, as ______________________ [Tenant], on behalf of the ___________. He/she ( ) is personally known to me or ( ) has produced as identification. ____________________________________ NOTARY PUBLIC

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EXHIBIT A

to Estoppel Certificate

(See attached Lease)

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AS OF 12.21.20

City of Largo, FloridaPurchase – City Hall

Preliminary Schedule of Critical Dates


StatusComments

MondayDecember 21, 2020

Effective Date. Day of delivery by Seller to Purchaser of a fully executed Agreement.

1(b)

MondayDecember 28,

2020*(Extended by

Weekend)

Seller’s Materials. Seller to deliver listed materials within five (5) days of Effective Date.

6(a)


(Extended byHolidays and

Weekend)

Earnest Money Deposit. $29,850.00 Due within three (3) daysof Effective Date to Escrow Agent.

1(b)

MondayDecember 28,

2020*(Extended by

Weekend)

Title Order. No later than five (5) days after the Effective Date, Purchaser shall order a commitment for the issuance of anowner’s title insurance policy from the Closing Agent (the “Commitment”).

5


Survey Order. If the Purchaser elects to obtain a Survey, the Purchaser must order the Survey within seven (7) days after the Effective Date or the date on which Seller provides the existing survey (if any), whichever is later.

5

TuesdayJanuary 5, 2021

Tennant Estoppel Letter – Sellers shall cause each Tenant to deliver a Tenant Estoppel Letter within fifteen (15) days of the Effective Date.

TBDTitle Objection. Purchaser shall have ten (10) days from the latter of either (i) receipt of the Commitment, or (ii) the receipt of the Survey, if the Purchaser elects to obtain one, to notify Seller in writing of any objections to matters listed in the Commitment.

5

TBDResponse to Title Objection. Seller has ten (10) days in which to elect to cure or remove such objectionable exceptions (the “Exceptions”) by giving Purchaser written notice of such intention prior to the end of said 10-day period.

5

TBDSeller’s Opportunity to Cure Title Objections. Seller shall have a reasonable time, not to exceed twenty (20) days, to cure Title Objections.

5

Wednesday City Commission Approval. Purchaser shall submit this 6

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StatusComments

January 20, 2021 Agreement to its City Commission for approval. If the City Commission Approval is not obtained within 30 days of the Effective Date then it shall be deemed that purchaser has timelyelected to terminate this agreement pursuant to this section 6.

FridayFebruary 19, 2021

TBD

Inspection Period. For a period of sixty (60) days from and after the Effective Date of this Agreement Purchaser shall have the right to make such inspections other investigations of the Property.

If Purchaser requires additional time to obtain any Phase I environmental report or survey, then the Inspection Period shallbe extended to the date that is seven (7) days after such report or survey is delivered.

6

6

FridayFebruary 19, 2021(or as otherwise

extended)

Purchaser’s right to Cancel. In the event Purchaser determines in its sole discretion, at any time on or before the end of the Inspection Period, that it does not desire to proceed with the purchase of the Property, Purchaser may elect to terminate this Agreement by giving written notice to Seller on or prior to 5:00 p.m. on the last day of the Inspection Period.

6

MondayMarch 22, 2021

Updated Title Commitment. Purchaser may elect to obtain an update to the Commitment (the “Updated Commitment”) withinthe ten (10) day period before Closing.

Seller has five (5) days to remove any new exceptions shown on the updated title commitment.

5

Wednesday March 31, 2021(or as otherwise

extended)

Closing – Closing to occur within 40 days after the last day of the Inspection period. May be extended a maximum of 30 days to facilitate simultaneous closing with the Adjacent Purchase and Sale Agreements.

8

*Where a period ends on a Saturday, Sunday or Florida holiday, the closing date is extended tothe next day not a Saturday, Sunday or Florida holiday (Sec. 19).

**Closing to be simultaneous with the Adjacent Purchase and Sale Agreements (Sec. 4(f))

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City Commission

AGENDA ITEM REPORT

Meeting: City Commission - 19 Jan 2021 Presenter: Kim Adams, Finance Staff Contact:

Kim Adams, Director Ext. 6747 [email protected]

TITLE Ordinance 2021-35 - First Reading - Amending The City Of Largo Municipal Police Officers’ And Firefighters’ Retirement Plan SUMMARY: The Police Officers’ and Firefighters’ Retirement Plan attorney has requested an Ordinance amendment to incorporate new federal laws related to IRS limits on retirement income, retirement distributions and other miscellaneous provisions, none of which affect existing benefits or plan costs. A letter is attached from the Plan’s actuary stating that the proposed changes would have no actuarial impact on the cost of the Plan. CITY ATTORNEY REVIEWED: Yes POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE ORDINANCE NO. 2021-35 ON FIRST READING AND SCHEDULE A SECOND AND FINAL READING ON FEBRUARY 2, 2021. ATTACHMENTS: Ordinance No. 2021-35 No Impact Letter

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{00176046.DOCX;1} Page 1 of 5 May 18, 2020

1

ORDINANCE NO. 2

AN ORDINANCE OF THE CITY OF LARGO, FLORIDA, 3

AMENDING THE CITY OF LARGO MUNICIPAL POLICE 4

OFFICERS’ AND FIREFIGHTERS’ RETIREMENT PLAN 5

ADOPTED PURSUANT TO ORDINANCE NO. 2016-42, AS 6

SUBSEQUENTLY AMENDED BY ORDINANCES 2017-34, 2018-33 7

AND 2019-73; BY AMENDING SECTION 6(6), REQUIRED 8

DISTRIBUTION DATE; BY AMENDING SECTION 10(5)E, 9

REGARDING LIMITATIONS ON RETIREMENT INCOME 10

PAYMENTS; BY AMENDING SECTION 16(2)A and B 11

REGARDING MINIMUM DISTRIBUTION OF BENEFITS; BY 12

AMENDING SECTION 17(3), MISCELLANEOUS PROVISIONS; BY 13

AMENDING SECTION 29(4)D REGARDING REQUIRED 14

DISTRIBUTION OF DROP ACCOUNT; PROVIDING FOR 15

SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT 16

HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 17

18

WHEREAS, the City of Largo has established a pension plan, known as City of 19

Largo Municipal Police Officers’ and Firefighters’ Retirement Plan ("Plan"); 20

WHEREAS, effective January 1, 2020, the Internal Revenue Code was amended 21

by increasing the required minimum distribution age from 70½ to 72; and 22

WHEREAS, to implement the change, it is necessary to amend the Plan. 23

24

NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF LARGO 25

HEREBY ORDAINS: 26

SECTION 1: That Section 6(6) of the City of Largo Municipal Police Officers’ and 27

Firefighters’ Retirement Plan, adopted pursuant to Ordinance No. 2016-42, as amended 28

by Ordinance 2017-34, 2018-33, and 2019-73 is hereby amended to read as follows: 29

30

SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY 31

32

******* 33

34

6. Required Distribution Date. The Member's benefit under this Section must 35

begin to be distributed to the Member no later than April 1 of the calendar 36

year following the later of the calendar year in which the Member attains 37

age seventy-two (72) and one-half (70½), provided the Member had not 38

attained age seventy and one-half (70½) by December 31, 2019, or April 1 39

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{00176046.DOCX;1} Page 2 of 5 May 18, 2020

of the calendar year in which the Member terminates employment with the 40

City. 41

42

SECTION 2: That section 10(5)E of the City of Largo Municipal Police Officers’ and 43



SECTION 10. OPTIONAL FORMS OF BENEFITS 46

47

******* 48

49

5. Retirement income payments shall be made under the option elected in 50

accordance with the provisions of this Section and shall be subject to the 51

following limitations: 52

53

54

******* 55

56

57

E. The Member's benefit under this Section must begin to be distributed to 58

the Member no later than April 1 of the calendar year following the later of 59

the calendar year in which the Member attains age seventy-two (72) and 60

one-half (70½), provided the Member had not attained age seventy and 61

one-half (70½) by December 31, 2019, or April 1 of the calendar year in 62

which the Member terminates employment with the City. 63

64

******* 65

66

67

SECTION 3: That section 16(2)A of the City of Largo Municipal Police Officers’ and 68


by Ordinance 2017-34, 2018-33 and 2019-73, is hereby amended to read as follows: 70

SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS 71

72

******* 73

74

75

2. Time and Manner of Distribution. 76

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77

A. Required Beginning Date. The Member's entire interest will be 78

distributed, or begin to be distributed, to the Member no later than 79

the Member's required beginning date which shall not be later than 80

April 1 of the calendar year following the later of the calendar year 81

in which the Member attains age seventy-two (72) and one-half 82

(70½), provided the Member had not attained age seventy and one-83

half (70½) by December 31, 2019, or the calendar year in which the 84

Member terminates employment with the City. 85

86

SECTION 3: That section 16(2)B of the City of Largo Municipal Police Officers’ and 87



90


92

******* 93

94

95


97

******* 98

99

B. Death of Member Before Distributions Begin. If the Member dies 100

before distributions begin, the Member's entire interest will be 101

distributed, or begin to be distributed no later than as follows: 102

(1) If the Member's surviving spouse is the Member's sole 103

designated beneficiary, then distributions to the surviving 104

spouse will begin by December 31 of the calendar year 105

immediately following the calendar year in which the 106

Member died, or by a date on or before December 31 of the 107

calendar year in which the Member would have attained age 108

72 70½, if later, as the surviving spouse elects. 109

110

******* 111

112

SECTION 4: That section 17(3) of the City of Largo Municipal Police Officers’ and 113



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SECTION 17. MISCELLANEOUS PROVISIONS 116

117

******** 118

3. Qualification of System. It is intended that the System will constitute a 119

qualified public pension plan under the applicable provisions of the Code 120

for a qualified plan under Code Section 401(a) governmental plan under 121

Code Section 414(d) as well as the corresponding Treasury Regulations 122

applicable to a governmental defined benefit retirement plan, as now in 123

effect or hereafter amended. Any modification or amendment of the 124

System may be made retroactively, if necessary or appropriate, to qualify 125

or maintain the System as a Plan meeting the requirements of the 126

applicable provisions of the Code as now in effect or hereafter amended, 127

or any other applicable provisions of the U.S. federal tax laws, as now in 128

effect or hereafter amended or adopted, and the regulations issued 129

thereunder. 130

131

132

SECTION 5: That section 29(4)D of the City of Largo Municipal Police Officers’ and 133



SECTION 29. DEFERRED RETIREMENT OPTION PLAN 136

137

******** 138

139

4. Distribution of DROP Accounts on Termination of Employment. 140

141

******** 142

D. Age Seventy-two (72) and One-Half (70½) Required Distribution. In no 143

event shall the provisions of subsection 4. operate so as to allow the 144

distribution of a Member's DROP Account to be later than the April 1 145

following the later of the calendar year in which he terminates his 146

employment as a Police Officer or Firefighter or he attains age seventy-147

two (72) and one-half (70½), provided the Member had not attained 148

age seventy and one-half (70½) by December 31, 2019. In the event a 149

Member is required to receive payment while in service under the 150

provisions of this subsection D., he shall receive one lump sum 151

payment on or before his required beginning date equal to his entire 152

DROP Account balance and annual lump sum payments thereafter of 153

amounts credited to his DROP Account during each calendar year. 154

Upon the Member's subsequent termination of employment, payment 155

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of his DROP Account shall be made in accordance with the provisions 156

of subsection 4.B. 157

158

******** 159

160

SECTION 6: It is the intention of the Largo City Commission that each provision hereof 161

be considered severable, and, if any section, subsection, sentence, or provision of this 162

ordinance is held invalid, the remainder of the ordinance shall not be affected. 163

SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby 164

repealed. 165

SECTION 8: This ordinance shall take effect immediately on its final passage and 166

adoption. 167

168

APPROVED ON FIRST READING _________________ 169

PASSED AND ADOPTED ON 170

SECOND AND FINAL READING__________________ 171

172

173

__________ _____ ______ 174

Louis “Woody” L. Brown, Mayor 175

176

177

Reviewed and Approved: ATTEST: 178

179

180 _____________________________ _____________ ____________ 181

Alan S. Zimmet, City Attorney Diane Bruner, City Clerk 182

183

184

185

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December 22, 2020 Mr. Caleb Hynson Largo Police & Firefighters Retirement Plan 801 West Bay Drive, Suite 502 Largo, FL 33770 Re: City of Largo Municipal Police Officers’ and Firefighters’ Retirement Plan Dear Caleb: As requested, we have reviewed the attached draft ordinance for the City of Largo Municipal Police Officers’ and Firefighters’ Retirement Plan that would amend the Plan to update the minimum distribution provisions for compliance with the updates to the Internal Revenue Code (IRC). Effective January 1, 2020, the required minimum distribution age increases from 70 ½ to 72 for members who did not reach age 70 ½ prior to December 31, 2019. The proposed ordinance also incorporates reference to the Treasury Regulations relating to qualification as applicable to a governmental defined benefit plan. In our opinion, the proposed changes would have no actuarial impact on the cost of the Plan. Because the change will not have an actuarial impact, it is our opinion that a formal Actuarial Impact Statement is not required. However, a copy of this letter and the proposed ordinance should be sent to the Municipal Police Officers’ and Firefighters’ Retirement Trust Funds Office and to the Bureau of Local Retirement Systems. This letter was prepared at the request of the Board for the purpose of describing the financial effect, if any, of the proposed ordinance. If you have reason to believe that the current or proposed plan provisions are incorrectly described, or if important plan provisions relevant to this proposal are not described, you should contact the author prior to relying on this impact letter. Additionally, if there are further changes to the final version of the proposed ordinance, this impact letter may need to be revised. Melissa R. Moskovitz is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor.

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Mr. Caleb Hynson December 22, 2020 Page 2

We welcome your questions and comments. Sincerely yours, Melissa R. Moskovitz, EA, MAAA, FCA Consultant & Actuary cc: Bonni Jensen, Plan Attorney Circular 230 Notice: Pursuant to regulations issued by the IRS, to the extent this communication (or any attachment) concerns tax matters, it is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) marketing or recommending to another party any tax-related matter addressed within. Each taxpayer should seek advice based on the individual's circumstances from an independent tax advisor. This communication shall not be construed to provide tax advice, legal advice or investment advice.

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{00176046.DOCX;1} Page 1 of 5 May 18, 2020

1

ORDINANCE NO. 2

AN ORDINANCE OF THE CITY OF LARGO, FLORIDA, AMENDING 3

THE CITY OF LARGO MUNICIPAL POLICE OFFICERS’ AND 4

FIREFIGHTERS’ RETIREMENT PLAN ADOPTED PURSUANT TO 5

ORDINANCE NO. 2016-42, AS SUBSEQUENTLY AMENDED BY 6

ORDINANCES 2017-34, 2018-33 AND 2019-73; BY AMENDING 7

SECTION 6(6), REQUIRED DISTRIBUTION DATE; BY AMENDING 8

SECTION 10(5)E, REGARDING LIMITATIONS ON RETIREMENT 9

INCOME PAYMENTS; BY AMENDING SECTION 16(2)A and B 10

REGARDING MINIMUM DISTRIBUTION OF BENEFITS; BY 11

AMENDING SECTION 17(3), MISCELLANEOUS PROVISIONS; BY 12

AMENDING SECTION 29(4)D REGARDING REQUIRED 13

DISTRIBUTION OF DROP ACCOUNT; PROVIDING FOR 14

SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT 15

HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 16

17

WHEREAS, the City of Largo has established a pension plan, known as City of 18

Largo Municipal Police Officers’ and Firefighters’ Retirement Plan ("Plan"); 19

WHEREAS, effective January 1, 2020, the Internal Revenue Code was amended 20

by increasing the required minimum distribution age from 70½ to 72; and 21

WHEREAS, to implement the change, it is necessary to amend the Plan. 22

23

NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF LARGO 24

HEREBY ORDAINS: 25

SECTION 1: That Section 6(6) of the City of Largo Municipal Police Officers’ and 26



29

SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY 30

31

******* 32

33

6. Required Distribution Date. The Member's benefit under this Section must begin 34

to be distributed to the Member no later than April 1 of the calendar year 35

following the later of the calendar year in which the Member attains age 36

seventy-two (72) and one-half (70½), provided the Member had not attained 37

age seventy and one-half (70½) by December 31, 2019, or April 1 of the 38

calendar year in which the Member terminates employment with the City. 39

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40

SECTION 2: That section 10(5)E of the City of Largo Municipal Police Officers’ and 41



SECTION 10. OPTIONAL FORMS OF BENEFITS 44

45

******* 46

47

5. Retirement income payments shall be made under the option elected in 48

accordance with the provisions of this Section and shall be subject to the following 49

limitations: 50

51

52

******* 53

54

55

E. The Member's benefit under this Section must begin to be distributed to the 56

Member no later than April 1 of the calendar year following the later of the 57

calendar year in which the Member attains age seventy-two (72) and one-58

half (70½), provided the Member had not attained age seventy and one-half 59

(70½) by December 31, 2019, or April 1 of the calendar year in which the 60


62

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64

65

SECTION 3: That section 16(2)A of the City of Largo Municipal Police Officers’ and 66




70

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72

73


75

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A. Required Beginning Date. The Member's entire interest will be 76

distributed, or begin to be distributed, to the Member no later than 77

the Member's required beginning date which shall not be later than 78

April 1 of the calendar year following the later of the calendar year in 79

which the Member attains age seventy-two (72) and one-half (70½), 80

provided the Member had not attained age seventy and one-half 81

(70½) by December 31, 2019, or the calendar year in which the 82


84

SECTION 3: That section 16(2)B of the City of Largo Municipal Police Officers’ and 85



88


90

******* 91

92

93


95

******* 96

97

B. Death of Member Before Distributions Begin. If the Member dies 98

before distributions begin, the Member's entire interest will be 99

distributed, or begin to be distributed no later than as follows: 100

(1) If the Member's surviving spouse is the Member's sole 101

designated beneficiary, then distributions to the surviving 102

spouse will begin by December 31 of the calendar year 103

immediately following the calendar year in which the Member 104

died, or by a date on or before December 31 of the calendar 105

year in which the Member would have attained age 72 70½, if 106

later, as the surviving spouse elects. 107

108

******* 109

110

SECTION 4: That section 17(3) of the City of Largo Municipal Police Officers’ and 111



SECTION 17. MISCELLANEOUS PROVISIONS 114

Agenda Item #14.

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115

******** 116

3. Qualification of System. It is intended that the System will constitute a qualified 117

public pension plan under the applicable provisions of the Code for a 118

qualified plan under Code Section 401(a) governmental plan under Code 119

Section 414(d) as well as the corresponding Treasury Regulations 120

applicable to a governmental defined benefit retirement plan, as now in 121

effect or hereafter amended. Any modification or amendment of the System 122

may be made retroactively, if necessary or appropriate, to qualify or 123

maintain the System as a Plan meeting the requirements of the applicable 124

provisions of the Code as now in effect or hereafter amended, or any other 125

applicable provisions of the U.S. federal tax laws, as now in effect or 126

hereafter amended or adopted, and the regulations issued thereunder. 127

128

129

SECTION 5: That section 29(4)D of the City of Largo Municipal Police Officers’ and 130



SECTION 29. DEFERRED RETIREMENT OPTION PLAN 133

134

******** 135

136

4. Distribution of DROP Accounts on Termination of Employment. 137

138

******** 139

D. Age Seventy-two (72) and One-Half (70½) Required Distribution. In no 140

event shall the provisions of subsection 4. operate so as to allow the 141

distribution of a Member's DROP Account to be later than the April 1 142

following the later of the calendar year in which he terminates his 143

employment as a Police Officer or Firefighter or he attains age seventy-144

two (72) and one-half (70½), provided the Member had not attained age 145

seventy and one-half (70½) by December 31, 2019. In the event a 146

Member is required to receive payment while in service under the 147

provisions of this subsection D., he shall receive one lump sum payment 148

on or before his required beginning date equal to his entire DROP 149

Account balance and annual lump sum payments thereafter of amounts 150

credited to his DROP Account during each calendar year. Upon the 151

Member's subsequent termination of employment, payment of his DROP 152

Account shall be made in accordance with the provisions of subsection 153

4.B. 154

155

Agenda Item #14.

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******** 156

157

SECTION 6: It is the intention of the Largo City Commission that each provision hereof 158

be considered severable, and, if any section, subsection, sentence, or provision of this 159

ordinance is held invalid, the remainder of the ordinance shall not be affected. 160

SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby 161

repealed. 162

SECTION 8: This ordinance shall take effect immediately on its final passage and 163

adoption. 164

165

APPROVED ON FIRST READING _________________ 166

PASSED AND ADOPTED ON 167

SECOND AND FINAL READING__________________ 168

169

170

__________ _____ ______ 171

Louis “Woody” L. Brown, Mayor 172

173

174

Reviewed and Approved: ATTEST: 175

176

177

_____________________________ _____________ ____________ 178

Alan S. Zimmet, City Attorney Diane Bruner, City Clerk 179

180

181

182

Agenda Item #14.

Page 97 of 97

Documents

City Commission - 19 Jan 2021