12-02-1991
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12-2-91
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AGENDA
Community Redevelopment Agency
December 2, 1991
9:00 A.M.
I. Call to order
II. Approval of Minutes of
9/16/91
III. Assignment of Contract for
Sale and Purchase of the
Downtown Maas Brothers
Department Store from the
Clearwater City Commission
IV. Authorize purchase of the
downtown Maas Brothers
property for $1.9 million
(less $190,000 deposit) plus
an est. $15,000 in closing
closts with $1,312,761 of City
funds and $602,239 of CRA
funds with the condition to
deed to the City that portion
below the 281 contour line
v. Adjournment
1
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Community Redevelopment Agency
Agenda Cover Memorandum
Item # ]I[
Meeting Date: 12/2/91
SUBJECT: Contract for Sale and Purchase of Downtown Maas Brothers Property
RECOMMENDATION/MOTION: Accept the assignment of the Contract for Sale and Purchase of the
Downtown Maas Brothers Department Store from the Clearwater City Commission.
X and that the appropriate officials be authorized to execute same.
BACKGROUND: On September 5, 1991, the City of Clearwater made an offer to purchase the property which
currently houses the downtown Maas Brothers Department Store. The $1.9 million dollar bid for the 3.8 acres
of land and improvements was accepted and approved by the appropriate officials of Allied Stores General Real
Estate Company and by the bankruptcy court Southern District of Ohio.
At the City Commission workshop of November 18, 1991, the consensus of the City Commission was to
investigate the feasibility of dividing the property with the eRA purchasing the portion above the 28' contour
and the City retaining the portion below the 28' contour.
Rather than to unduly complicate the purchase procedure by attempting to divide the property, the process can
be facilitated by assigning the contract as stipulated in Article XI, Section 11.0 of the Contract for Sale and
Purchase.
Reviewed by:
Legal Ma.;~
Budget c::
Purchasing tf J P
Risk Mgmt. ;r J fI.
DIS tJ 111-
ACM tiI /11
Other
Originating Dept:
Economic Develop.
Costs:
t{/n
,
User Dept:
Commission Action:
_ Approved
_ Approved w/conditions
Denied
Continued to:
Total
Advertised:
Date:
Paper:
':L Not Required
.l\ffccted Parties
Notified
f Not Required
Current FY
Funding Source:
_ Capital Imp.
_ Operating
Other
Attachments:
Assignment of Contract
Appropriation Code:
None
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ASSIGNMENT OF CONTRACT
I n cons i derat ion of the sum of One Do 11 ar ($1.00 and other good and
valuable consideration), the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, hereby sells, transfers and assigns to the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a Florida redevelopment agency, all
of its right, title and interest in and to that certain Contract for Sale and
Purchase dated September 5, 1991, by and between the CITY OF CLEARWATER, a
Florida municipal corporation, and ALLIED STORES GENERAL REAL ESTATE COMPANY, a
Delaware corporation, successor by merger to CLEARMAS REALTY CORP., a Florida
corporat ion, perta in i ng to the property descri bed in Schedu le A attached thereto.
WITNESS our hands and seals this
day of
1991.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
By:
Michael J. Wright
City Manager
Attest:
M. A. Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
ASSUMPTION OF OBLIGATIONS UNDER CONTRACT
The COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a Florida
redevelopment agency, in consideration of the above and foregoing Assignment of
Contract to them, hereby assumes and agrees to perform each and every covenant
and obli~ation of the CITY OF CLEARWATER, FLORIDA, accruing under the contract.
WITNESS our hands and seals this
day of
1991.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
Rita Garvey, Chairman
Attest:
Cynthia E. Goudeau, City Clerk
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Community Redevelopment Agency
Agenda Cover Memorandum
Item # $
Meeting Date: 12/2/91
-
SUBJECT: Purchase of Downtown Maas Brothers Proper'L~/
RECOl\lMENDATION/MOTlON: Authorize purchase of the downtown Maas Brothers property for $1.9
million (less $190,000 deposit) plus an estimated $15,000 in closing costs with $ 1,312,761 of City funds and
$602,239 of eRA funds with the condition to deed to City that portion below the 28' contour line.
X and that the appropriate officials be authorized to execute same.
BACKGROUND: At the City Commission workshop of November 18, 1991, the consensus of the City
Commission was to investigate the feasibility of dividing the property with the CRA purchasing the portion
above the 28' contour and the City retaining the portion below the 28' contour.
The CRA will purchase the property as an "assignee" of the City under Article XI, Section 11.0 of the Contrct
for sale and Purchase. Funds to effect the purchase will come from City and CRA funds with the condition
that within seven (7) working days the CRA will deed the portion of the property that lies below the 28'
contour line to the City.
The total square footage of the property to be acquired is 166,062.22, with the CRA contributing toward the
purchase of 52,224.13 square feet. The City's Public Works Department has ascertained, to the best of their
professional ability, the natural 28' contour line. Based upon that determination, 2.61 acres (113,838.09 square
feet) lies below the contour line, and will be retained by the City.
The CRA's constribution toward the purchase will be $602,239 based upon square footage, and the City's
contribution to the CRA for the purchase of the property will be $1,312,761 less the $190,000 deposit already
paid by the City. Closing costs are shared on the same pro rata basis.
Reviewed by:
Legal I"~
Budget
PurchllSing A
Risk Mgmt. NA
DIS NA
ACM NA
Other NA
Originating Dept:
Economic Develop.
Costs: 1,915,000
Total
Commission Action:
Approved
_ Approved w/conditions
Denied
Continued to:
User Dcpt:
Advertised:
Dllte:
Paper:
~ Not Required
Affected Parties
Notified
..x Not Required
Current FY
Funding Source:
_ Capital Imp.
~ Operating
Other
Attachments:
Special Warranty Deed
Appropriation Code:
188-1-7000-602/552
None
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SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this day of ,
1991, is between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
a Florida redevelopment agency, Grantor, whose mailing address is P. O. Box 4748,
Clearwater, Florida 34618, and the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, Grantee, whose mailing address is P. O. Box 4748,
Clearwater, Florida 34618. (All references to the parties herein shall include
their heirs, personal representatives, successors and assigns; and when
applicable the singular shall. include the plural, and the masculine shall include
the feminine and neuter.)
WITNESSETH, that the Grantor, for and ;n consideration of the sum of Ten
and 00/100 Dollars ($10.00), to it in hand paid by Grantee, and other valuable
consideration, does grant, bargain, sell and convey, and by these presents has
granted, bargained, sold and conveyed to Grantee forever, the land in Pinellas
County, Florida, described in Exhibit A and depicted on Exhibit B.
TO HAVE AND TO HOLD the above-described property unto Grantee in fee simple
forever; and
THAT Grantor specially warrants title to said property and will defend the
saIne against the lawful claims of all persons whoever claiming by, through, or
under said Grantor.
EXECUTED the date first stated above in Pinellas County, Florida.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
Rita Garvey, Chairman
Attest:
GRANTOR
Cynthia E. Goudeau, City Clerk
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STATE OF FLORIDA )
COU~TY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey and Cynthia E. Goudeau, to me
well known, and known by me to be the individuals described in and who executed
the foregoing instrument as Chairman and Secretary, respectively, of the above-
named agency named as Grantor in the foregoing deed, and that they severally
acknowledged executing the same freely and voluntarily under authority duly
vested in them by said agency and t;lat the seal affixed thereto is the true seal
of said agency.
WITNESS my hand and official seal this
, 1991.
day of
Notary Pub 11 c
My Commission Expires:
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MAAS BROTHERS LEGAL DESCRIPTION
CITY PARCEL
EXHIBIT "A"
A portion of Lots 1, 1-A and 2, Rompon's & Baskin's Corrected Map
of Causeway Business District, according to the Plat thereof as
same is recorded in Plat Book 57, Pages 1 & 2 of the Public
Records of Pinellas Count~l, Florida, LESS tJ.':A.t part of Lot 2
heretofore conveyed in Official Record Book 927, Page 9 of the
Public Records of Pinellas County, and ALSO LESS that part of Lot
1 and 1-A conveyed to the state of Florida as described in Official
Records Book 1081, Page 594 of the Public Records of Pine lIas
County, Florida. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
start at the Northeast Corner of Lot 1 of said Rompon's & Baskin's
Corrected Map of Causeway Business District and run S 88007'14"
.West along the North line of said Lot 1, 194.39 feet to the POINT
OF BEGINNING; thence S 20000' 34" ~7est 231.80 feet to a point on the
South line of Lot 1-A; thence N 89058' 26" West along the South line
of said Lot I-A, 287.38 feet; thence along the arc of a curve to
the right, whose arc is 163.79 feet, radius 679.20 feet, chord
N 83003'55" West, 163.40 feet, to a point on the Easterly line of
Lot 2; thence S 04049'48" East along the Easterly line of Lot 2,
19.72 feet; thence N 89058'26" West along the South line of Lot 2,
32.00 feet; thence N 04049'48" West, 218.16 feet; thence
S 89058' 26" East, along the North line of Lot 1, and said line
extended, 561.08 feet; thence N 88007'14" East, 16.46 feet to the
POB. Parcel containing 2.61 acres mol.
MAASCITY. WJS
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