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06-06-1991 - Special , ',' , , I .:' . . ...... , , , .' " . _ '. '. .'. . , . . ", ,~ ' . ,j" " . Agenda/C 6-6-91 . ", '," "'.',': , ' . . , 0/:10 ," '.' ':", AGENDA Community Redevelopment Agency Special Meeting June 6, 1991 1 . Call to Order 2. Approval of Interfund Loan and Authorization of Offer to Purchase Maas Brothers Property 3. Adjourn ..1#- . . I~\~l""'~~~ (i:i~...!. :.; ~ ......- ~ '":-"':, ~ ~ '"".= ~l ~TE~.~~'" ~#~" community Redevelopment Agency Agenda Cover Memorandum I tern # Meeting Date: 6/6/91 , Subject: Approval of Interfund Loan and Authorization of Offer to Purchase Maas Brothers Property - Recommendation/Motion: Authorize the offer of $1,900,000 to Clearwater Realty Corporation for the purchase of the Downtown Maas Brothers Property, and approve an interfund loan in this amount for this purpose from the city of Clearwater under the terms and conditions described herein. }{ and that the appropriate officials be authorized to execute same. - BACKGROUND: In mid-April the Federated Department stores announced their intention to divest themselves of several marginal properties in Florida and elsewhere. This move \'las prompted in large part by the retail chain's effort. to restructure and emerge from bankruptcy. One property of particular interest to the City of Clearwater was the Downtown Maas Brothers Property. This 3.7 acre parcel was sold by the City to Maas Brothers some three decades ago. All of the property adjacent to the parcel is City owned; indeed, the entire block along Osceola is owned by the ci.ty. Given the bayfront location of the property and the adjacent Coachman Park, it seems appropriate for the CRA to actively enter the bid process so as to reclaim the land for public use or for development purposes. The interfund loan from the City of Clearwater will be effective on the date that payment is actually made to purchase the property. Interest only, at the cash pool rate, will be payable on September 30 of each year. If the property is acquired, the city and the CRA intend to solicit public input into the ultimate use of the property, including a referendum as to whether or not city general obligation debt should be issued to retain the property for use as a park or for other municipal purpose. If such general obligation debt is approved, the interfund loan will be included in and repaid from the proceeds of such debt. If general obligation debt is not approved and the eRA decides to retain the property, other tax exempt or taxable debt will be pursued, including the repayment of this inter fund loan. If, for any reason, such external debt is not completed, the loan shall remain outstanding until forgiven by the City, repaid by the CRA, or until the purchased property is sold or otherwise disposed of by the CRA. Any remaining balance on the loan will be payable at the time of and from the proceeds of such sale or disposition. Total COllmission Action: Approved Approved wtconditions Denied Continued to: Revi awed by: IL ~egal ~ Budget ~ Purchasing N/A Risk Hgmt. N/A DIS N/A ACM ,/ Other~~ (//kgF lJ II " I ~J~ Ci ty Manager ~ Originating Dept: Administration Costs: User Dept: Advertised: Date: Paper: Not Requi red Affected Parties Notified Not Requi red Current FY Funding Source: Capital I~. Operating Other Attachments: Appropriation Code: AGREEMENT FOR PURCHASE OR SALE OF REAL PROPERTY THIS AGREEMENT, made and entered into this day of 1991, by and L~Lween CLE~S REALTY CORPORATION, hereinafter referred to as "Seller," and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a Florida redevelopment agency, hereinafter referred to as "Purchaser;" WIT N E SSE T H : That in consideration of the pa~nents and covenants herein provided, and other good and valuable considerations, Seller agrees to sell and Purchaser agrees to buy the real property ("Property"), situate in Pinellas County, Florida, described as follows, to wit: See Attachment A for Legal Description Subject to any easements and restrictions of record. 1. Purchase Price. The total purchase price of the Property shall be the sum of $1,900,000 which is payable in full at closing, subject to adjustments and prorations. 2. Closing Date. The closing shall be as soon as possible following the fifty (50) day Bankruptcy Court period, unless extended by other provisions of this Agreement or by the mutual consent of the parties. 3. Conveyance. Seller agrees to convey fee simple title to the Property to Purchaser by statutory Warranty Deed, free and clear of all liens and encumbrances, except those set forth in this Agreement, if any, and those otherwise accepted by Purchaser. The Property shall be conveyed subject to applicable zoning requirements of the City of Clearwater. 4. Title Insurance. Seller agrees to purchase at its expense a title insurance policy from a Florida licensed title insurer and to obtain with reasonable diligence, but not less than twenty (20) 1 , \ \ '.: ".',. ..~ " " " ,. days prior to closing, a commitment for title insurance in the amount of the purchase price, which conunitment shall show a marketable, unencumbered, fee simple title to the Property in the Seller, subject to zoning, restrictions of record, taxes for 1991 and subsequent years, and public utility easements; and to liens, encumbrances, exceptions of qualifications set forth in this Agreement, and those which shall be discharged by Seller at or before closing. The Purchaser shall have a reasonable time after the delivery of said commitment for the examination thereof and within said period but not less than ten (10) days prior to closing shall notify the Seller in writing of any objections to said title. rf ,such notifications is not given within the time specified herein, then the title shall be conclusively deemed to be acceptable to the Purchaser. In the event that the title of the Seller is not good and marketable, the Seller shall have a reasonable time thereafter, but not more than one hundred twenty (120) days from receipt of notice from the Purchaser, to make a diligent effort to perfect the title; and if the defects are not cured wi thin such time, the Purchaser may either cancel this Agreemen t or waive the def ects and accept the Property wi thou t deduction on account of said defects. 5 . No Brokers. Each party affirmatively represents to the other party that no brokers have been involved in this transaction and that no broker is entitled to payment of a real estate commission because of this transaction. 6 . Documents for C1.osing. Seller shall furnish deed, mechanic's lien affidavit, and any corrective instruments that may be required in connection with perfecting title, together with the closing statement. 7. Survey. Purchaser may obtain at its expense a survey. If the survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach upon setback lines, easements, lands of others, or violate any restrictions, covenants or applicable governmenta I regula tions, the same shall be treated as a title defect if brought to the attention 2 , ,f . " . ..',' I, " r .". " ' , of the Seller not less than ten (10) days prior to closing. . 8. Expenses. The Seller shall pay for the documentary stamps to be placed on the Warranty Deed and the cost for recording any instruments that may be required in connection with perfecting the title. The Purchaser shall pay for recording the Warranty Deed. 9. Prorations. Taxes and assessments shall be prorated through the day prior to closing. Cash at closing shall be increased or decreased as may be required by said prorations. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount and homestead or other exemptions if allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, ta~es will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. Any tax proration based on an estimate may at the request of either party be subsequently readjusted upon receipt of the tax bill. The provisions of this paragraph shall survive closing. 10., Radon Gas Notification. As r~guired by Section 404.056(8), Florida Statutes, the Purchaser shall take notice of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suff icient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County public health unit. 11. Agreement Not Recordable. Neither this Agreement nor any notice thereof shall be recorded in public records of Pinellas County, but this agreement shall be deemed a record available for public inspection in the offices of the Seller pursuant to the Public Records Law of Florida. 3 . "....,.,..,.,~..~.;.=...~,..-'~..';'.'_..,~<./}.:";<.:.' '''.~'r;;Y ,,,,'. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER Cynthia E. Goudeau Secretary Rita Garvey Chairperson' Approved as to form and correctness: M.A. Galbraith, Jr. City Attorney WITNESSES: SELLER: 4 ^t lllChl/lCll t ^ - l'ilgc J LEGAL DESCRIPTION PAHCEkJ,. 3.B1 acres more or leas forming part of Mans Brothers in the City of Clearwater, Pinelllls County, Florida and bounded and described llccording to a survey by George F. Young, Inc. dated March 18, 1987 ami last:. revised December 11, 1907 os follows: '!'ract 1\ DEGINNING at the southeast corner of said Lot 6 of Edward Mill's Subdivi.sion, wliich is -the same point as the southoost corner of Lot 7 of 'ferrace Place; running thence \'lest along its South boundary and a westerly extension of this boundary, 400.00 feet; thence North parallel to the East boundary of said Lot Ii and a northerly extension of this boundary 130,00 feet; thence Enst parallel to said extended South boundary, and saiei South boundary 400.00 feet to the extended East boundary of said Lot 6; thence South along this extension and said East boundary, 130.00 feet to the Point of Beginning. BEGINNING at the Northeast corner of Lot 1 of said Rompon's & Baskin's Corrected Map of Causeway Business District for a point of beginning; run thence South 01026'17" East, along the Eilst line of said Lot 1, 111.92 [ee t to the Sou theas t corner of said Lot 1; thence North 09058' 26" West, along the South line of said Lot 1,185.00 feet; thence South 01026'17" East, along the Eas t line of said Lot 1-1\, 112.46 feet to the Sout.heast corner of said Lot 1-1\; thence North 09058' 26" West, along the South line of said Lot 1-1\, 301.62 feet; thence along the arc of a curve to the right, whose arc is 163.79 feet, whose radius is 679.20 feet, and whose chord is North 03003'55" West, 163.40 feet; thence South 04049'40" East, along easterly line of Lot 2, 32.00 feet; thence 04049' 40" West, 218.16 feet; thence South 89058'26" East, along the North line of Lot 1, and said line extended, 561.08 feet; thence North 00007'14" East, 210.05 feet to Point of Beginni"g, Tract IJ Lot 1, 1-1\ and 2 Rompon' s & Baskins Corrected Map of Causeway' Ousif\ess District, according to the Plat thereof recorded in plat Book 57, Pages ,I and 2 of the Public Hecords of Pinellas County, l"lorida, less that part of I~ot 2 heretofore conveyed in a.R. Book 927, Page 9 of the Public Records of Pinellas County, Florida as described in O.R, dook 1081, Page 594, of the Public Records of Pinella~ County, Florida, further described as: 'I'ract C Lots 3, 4 and 5 of Edward Mill's Subdivision, according to the plat thereof, re~orded in Plat Book 9, Page 36 of the Public Records of Pinellas County, Florida; less the Easterly 15 feet of said Lot 3, which was conveyed to the City of Clearwater, Florida for the widening of Osceola Avenue, by Deed, dated September 24, 1940. ,i.,i..";: ': ",J>; '-_" Attachment ^ - I'l1go 2 PARCBL 2 All of the easement of areas surrounding, adjacent to and/~r appurtenant to parcell of the land uses for access, cornmon-area, parking, utili ty and other easemen ts and righ ts-of -way over the conunon areas of the Maas Brothers referred to in the described and shown on the following Agreements: 1. Indenture between Maas Brothers, Incorporated and City of Clearwater, ,dated June 13, 1960, recorded June 15, 1960 in O.R. Dook 927, Page 9; 2. Easement between City of Clearwater and Maas Brothers, Incorporated, dated June 13, 1960, recorded June 14, 1960 in O.R. Book 926, Page 157; 3. Special Warranty Deed between Maas Brothers, Incorporated and State of Florida, dated January 6, 1961, recorded January 12, 1961 in a.R. Book lOBI, Page 594; and, 4 . Reversionary or reverter rights contained in Deed of Conveyance to the ci ty of Clearwater, Florida, dated September 24, 1940, recorded December 13, 1962 in G.R. Book 1570, Page 301. " :t:'.