10/21/1993
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING - October 21, 1993 (6:00 P.M.)
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission.
1 . Pledge of Allegiance
2. Invocation
3. Service Awards
4. Introductions and Awards
5. Presentations
6. Minutes of Regular Meeting October 7,
1993
6a Sun Bank (Atrium) Building Contract
Recess
Convene as CRA
Reconvene as Commission
1. Mayor.
2. William C. Baker, Public Works Director.
3. 1 award presented.
4. None.
5. None.
6. Continued to 11/1/93.
6a Res. #93-68 adopted.
6:30 p.m.
6:30 p.m.
6:33 p.m.
Not Before 6:00 P.M. - Scheduled Public Hearings
(1) Presentation of issues by City staff.
(2) Statement of case by applicant or
representative (5 minutes).
(3) Statement of case by opposition (5
minutes).
(4) Commission questions.
(5) Comments in support and in opposition: (a)
individual (3 minutes); (b) spokesperson for
groups (10 minutes).
(6) Commission questions.
(7) Rebuttal by opposition (5 minutes).
(8) Final rebuttal by applicant or representative
(5 minutes).
PUBLIC HEARINGS
7. Public Hearing & First Reading Ords.
#5474-93, #5475-93 & #5476-93-
Annexation, Land Use Plan Amendment to
Industrial Limited and IL Zoning for property
located at 2088 & 2090 Sunnydale Blvd.,
Clearwater Industrial Park, part of Lot 2
(Sunshine Properties A93-21, LUP93-
29){PLD)
-10/21/93
7. Approved. Ords. #5474-93, #5475-93 &
# 5476-93 passed 1 st rea.ding.
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8. Declare surplus a 100' wide portion of city-
owned real property at Clearwater Country
Club for the purpose of granting a power
distribution easement to Florida Power
Corporation over, under and across same;
Res. #93-59 - dedicating the easement
premises to the corp. (PW) To be Continued
to 11/18/93
9. (Cont. from 10/7/93) Public Hearing & First
Reading Ords. #5465-93 & #5466-93 -
Land Use Plan Amendment & Zoning for
property located at 1260-1266 Bay
Parkway, 300-322 Watkins Rd., 311 & 317
Pinellas St., Westover Sub., Blk S, Lots 3-
11, 1 5 & 16, Parcel A, LUP: to Institutional
& Z: to Public/Semi-Public Planned
Development District AND 1263 Waters
Ave. and 301-309 Pinellas St., Westover
Sub., Blk B, Lots 12.14 and Barnes Sub.,
Lot 4, Parcel B, Z: to Public/Semi-Public
Planned Development District, 2.21 acres
m.o.l.; approval of associated Preliminarv
Site Plan (Morton Plant Hospital
Association, loc./Leonard &. Gilotte LUP93-
28, 293-11 HPLD)
10. (Cont. from 6/3/93) Public Hearing & First
Reading Ords. #5374-93 & #5375-93 -
Land Use Plan Amendment to Commercial
General and CG Zoning for property located
at 2339 Gulf to Bay Blvd., Sec. 18-29-16,
M&B 31.071, approx. 0.64 acres m.o.1.
(Lokey Oldsmobile, Inc., LUP93-12, Z93-
03HPLD)
11. Public Hearings continued from previous
meetings
a)(Cont. from 10/7/93) Public Hearing &
First Reading Ords. #5461-93 & #5462-
93 - Land Use Plan Amendment & Zoning
for property located at 601, 605 & 607
Orange Ave., Turner's Third Add., Blk 12,
Lot 4, Parcel A, LUP: Institutional & PISP
Zoning AND 604 & 606 Bay Ave., Turner's
Third Add., Blk 12, part of Lots 1 & 2,
Parcel B, LUP: Institutional, P/SP Zoning,
0.50 acres m.o.1. (Episcopal Church of the
Ascension & Ruth Villett LUP93-26, Z93-
10HCP)
10/21/93
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8. Continued to 11/18/93.
9. Approved land use plan & zoning
amendments. Ords. #5465-93 & #5466-
93 passed 1 st reading, preliminary Site Plan
approved subject to conditions.
10. Approved. Ords. #5374-93 & #5375-93
passed 1 st reading.
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11. a) Approved. Ords. #5461-93 & #5462-93
passed 1 st reading.
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Public Hearing - Second Reading Ordinances
12. Ord. #5351-93 - IL Zoning for property 12. Ord. #5351-93 adopted as amended. ,'"
located at 2144 Calumet St., Clearwater
Industrial Park, part of Lot 10, approx. 0.8
ac. (City Z93-02)
13. Ord. #5384-93 - Land Use Plan 13. Ord. #5384-93 adopted as amended.
Amendment to Low Density Residential for
property located at 1812 Beverly Circle,
Meadow Creek Sub., Blk C, Lot 15, approx.
0.25 acre (Nikitas, LUP 93-06)
14. Ord. #5385-93 - RS-4 Zoning for property 14. Ord. #5385-93 adopted as amended.
located at 1812 Beverly Circle, Meadow
Creek Sub., Blk C, Lot 15, approx. 0.25
acre (Nikitas, A93-05)
15. Ord. #5415-93 - Land Use Plan 15. Ord. #5415-93 adopted as amended.
Amendment to Low Density Residential for
property located at 2197 Bell-Cheer Dr.,
Bell-Cheer Sub., E 100' of Lots 20 & 21
(Word of Faith Church of God, LUP93-15)
16. Ord. #5416-93 - RS-6 Zoning for property 16. Ord. #5416-93 adopted as amended.
located at 2197 Bell-Cheer Dr., Bell-Cheer
Sub., E 100' of Lots 20 & 21 (Word of
Faith Church of God, A93-10)
17. Ord. #5418-93 - Land Use Plan 17. Ord. #5418-93 adopted as amended.
Amendment to Low Density Residential for ' , "
property located at 3116 Wolfe Rd., ""
Bayview Bluff, Lot N (Nosek, LUP93-16) ,"-
18. Ord. #5419-93 - RS-8 Zoning for property 18. Ord. #5419-93 adopted.
located at 3116 Wolfe Rd., Bayview Bluff,
Lot N (Nosek, A93-11)
19. Ord. # 5421-93 - Land Use Plan 19. Ord. #5421-93 adopted as amended.
Amendment to Low Density Residential for
property located at 3201 Drew St., part of
Sec. 16-29-16, M&B 12.02 (Winn, LUP93-
17)
20. Ord. #5422-93 - RS-8 Zoning for property 20. Ord. #5422-93 adopted.
located at 3201 Drew St., part of Sec. 16-
29-16, M&B 12.02 (Winn, A93-12)
21. Ord. #5424-93 - Land Use Plan 21. Ord. #5424-93 adopted as amended. '
Amendment to Commercial/T ourist Facilities
for property located at 2220 Drew St., First
Addition to Temple Terrace, Blk D, Lots 27 ,":,
& 28 (JES Properties, LUP93-18)
22. Ord. #5425-93 - CG Zoning for property 22. Ord. #5425-93 adopted as amended.
located at 2220 Drew St., First Addition to
Temple Terrace, Blk 0, Lots 27 & 28 (JES
Properties, A93-13)
10/21/93 3
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23. Ord. #5427-93 - Land Use Plan 23. Ord. #5427-93 adopted as amended.
Amendment to Low Density Residential for
property located at 1001 Brookside Dr.,
Oak Lake Estates, Blk G, Lot 1
(O'Brien/Kell, LUP93-20)
24. Ord. #5428-93 - RS-8 Zoning for property 24. Ord. #5428-93 adopted as amended.
located at 1001 Brookside Dr., Oak Lake
Estates, Blk G, Lot 1 (O'Brien/Kell, A93-14)
25. Ord. #5436-93 - Land Use Plan 25. Ord. #5436-93 adopted as amended.
Amendment to Low Density Residential for
property located at 2720 S.R.S90, Virginia
Groves Terrace Third Addition, Blk 6, Lot 1
(Higiueros, LUP93-21)
26. Ord. #5437-93 - RS-8 Zoning for property 26. Ord. #5437-93 adopted as amended:
located at 2720 S.R.590, Virginia Groves
Terrace Third Addition, 81k 6, Lot 1
(Higiueros, A93-15)
27. Ord. #5443-93 - Land Use Plan 27. Ord. #5443-93 adopted as amended.
Amendment to Low Density Residential for "
property located at 1985 Skyline Dr.,
Skyline Groves, Lot 27 (lnvandino-Schy,
LUP93-23)
28. Ord. #5444-93 - RS-8 Zoning for property 28. Ord. #5444-93 adopted as amended.
located at 1985 Skyline Dr., Skyline
Groves, Lot 27 (Invandino-Schy, A93-17)
29. Ord. #5445-93 - Annexation for property 29. Ord. #5445-93 adopted.
located at 2345 Nursery Rd., SW 114 Sec.
19-29-16, Pinellas Groves Sub., part of Lot
19,0.31 acres m.o.1. (Wagner A93-18)
30. Ord. #5446-93 - Land Use Plan 30. Ord. #5446-93 adopted as amended.
Amendment to Residential Suburban for
property located at 2345 Nursery Rd., SW
1/4 Sec. 19-29-16, Pinellas Groves Sub.,
part of Lot 19,0.31 acres m.o.1. (Wagner
lUP93-24)
31. Ord. #5447-93 - RS-6 Zoning for property 31. Ord. #5447-93 adopted.
located at 2345 Nursery Rd., SW 114 Sec.
19-29-16, Pinellas Groves Sub., part of Lot ,.)
19" 0.31 acres m.o.1. (Wagner A93-18)
32. Ord. #5448-93 - Annexation for property 32. Ord. #5448-93 adopted.
located at 2178 Burnice Dr., Glen Ellyn --
Estates, Lot 4, 0.24 acres m.o.1. (Gary
Warner TRE A93-19)
33. Ord. #5449-93 - Land Use Plan 33. Ord. #5449-93 adopted.
Amendment to Residential Low for property
located at 2178 Burnice Dr., Glen Ellyn
Estates, Lot 4, 0.24 acres m.o.1. (Gary
Warner TRE LUP93-25)
10/21/93 4
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34. Ord. #5450-93 - RS-6 Zoning for property 34. Ord. #5450-93 adopted.
located at 2178 Burnice Dr., Glen Ellyn
Estates, Lot 4, 0.24 acres m.o.1. (Gary
Warner TRE A93-19)
35. Ord. #5452-93 - Vacating 10 foot 35. Ord. #5452-93 adopted.
east/west alley lying south of Blk 12,
Turners Sub. No.3 & lying north of Blk 3,
Starr & Savery's Addition to Clearwater
(Episcopal Church of the Ascension, V93-
08)
36. no item 36. No item.
37. no item 37. No item.
38. no item 38. No item.
39. Ord. #5463-93 - LDCA amending Sec. 39. Ord. #5463-93 adopted.
42.21, to revise the requirements for
nonconforming uses on barrier islands to
encourage compliance with development
and building regulations including flood
damage prevention regulations
40. Ord. #5464-93 - LDCA amending Secs. 40. Ord. #5464-93 adopted.
40.164, 40.184, 40.204, & 40.224, to
provide for nursing homes as a conditional
use in the RM 16, 20, 24 & 28 zoning
districts; amending Sec. 41.053 to provide
supplementary conditional use standards for.
such uses
41. Ord. #5467-93 - Annexation for property 41. Ord. #5467-93 adopted.
located at 2060-2066 Range Rd., NE 1/4
Sec. 12-29-15, Pinellas Groves Sub., part
of Lot 11, 0.70 acres m.o.1. (Kehoe A93-
20)
42. Ord. #5468-93 - Land Use Plan 42. Ord. #5468-:93 adopted.
Amendment to Industrial limited for " '
property located at 2060-2066 Range Rd.,
NE 114 Sec. 12-29-15, Pinellas Groves
Sub., part of Lot 11, 0.70 acres m.o.l.
(Kehoe LUP93-27)
43. Ord. #5469-93 - IL Zoning for property 43. Ord. #5469-93 adopted. ,'.
located at 2060-2066 Range Rd., NE 1/4
Sec. 12-29-15, Pinellas Groves Sub., part
of Lot 11, 0.70 acres m.o.l. (Kehoe A93-
20)
44. Ord. #5472-93 - Vacating 5' sanitary sewer 44. Ord. #5472-93adopted~
& utility easement lying along the westerly
side of Lot 12, Carlouel Sub., Blk 266
(Athanasiou V93-11)
10/21/93
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53. Received & Referred.
45. Ord. #5478-93 - Creating Sec. 21.15, to 45. Ord. #5478-93 adopted.
prohibit practice of requesting payment in
exchange for "watching" a parked motor
vehicle with certain exceptions
46. Ord. #5481-93 - Vacating 6' drainage & 46. Ord. 115481-93 adopted.
utility easement lying in Lot 1 5, Tropic Hills
Sub. Unit 2, Blk E (Freeman V93-1 0)
47. Ord. #5487-93 - amending Ord. #5386-93, 47. Ord. 115487-93 adopted.
proposing city charter amendment to
establish a department to be known as The
General Accounting Office, providing for a
special election to submit this proposed
charter amendment to the voters, changing
date of special election from 11/2/93 to
1/11 194
48. - Special presentations of widespread public interest - NONE.
49. - Citizens to be heard re items not on the Agenda - NONE.
CITY MANAGER REPORTS
50. Items continued from previous meetings
51 . Preliminary Site Plan for Sunwatch
Condominiums located at 670 Island Way
(Dupuis)(PLD)
52. First Reading Ord. #5486-93 - Amending
Sec. 47.1 61; amending certain sections of
Standard Unsafe Building Abatement Code
re: unsafe buildings and systems
53. ReceiptlReferral - Annexation, Land Use
Plan Amendment to Residential Urban and
RS-8 Zoning for property located at 1728
,Manor Ave., Clearwater Manor, S 30' of
Lot 28 & N 45' of Lot 29, 0.22 acres m.o.1.
(Johnson A93-24, LUP93-33)(PLD)
54. Receipt/Referral - Annexation, Land Use
Plan Amendment to Residential Estate and
RS-2 Zoning for property located at 3030
Tanglewood Dr., Tanglewood Estates, part
of Lot 2, 1.02 acres m.o.1. (Looney A93-
25, LUP93-34)(PLD)
55. ReceiptlReferral - Annexation, Land Use
Plan Amendment to Residential Low and
RS-8 Zoning for property located at 1409
Regal Rd., Solar Crest, Lot 22, 0.19 acres
m.o.1. (Frazier/Posey A93-23, LUP93-
32)(PLD)
10/21/93
50. None.
51. Received, authorized ORe to approve final
site plan subject to preliminary conditions.
52. Approved amendments; Ord. #5486-93
passed 1 st reading.
54. Received & Referred.
55. Received & Referred.
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56. Other Pending Matters
a) Ervin Harris All American Youth Club -
request for funding
b) Planning & Zoning Board - 1 appointment
(elK)
56. a) Approved special operational grant of
$10,000 to youth club to continue the
activities of the club. Staff to work with
club to determine financial needs.
b) Appointed Jay Keyes.
CITY ATTORNEY REPORTS
First Reading Ordinances
57. DISCUSSION & Ord. #5482-93 - Relating to
newsracks and vending machines on public
r-o-w and on public and private property;
creating Sec. 28.10 regulating location of
newsracks and prohibiting installation and
maintenance of vending machines on public
r-o-w, providing definitions, providing for
enforcement and for relocation and removal
under certain circumstances
58. DISCUSSION & Ord. #5473-93 - re: traffic
and motor vehicles, amending Sec. 30.057
to increase overtime parking fine from $5 to
$10; adding new subsec. (9) to Sec.
30.057 to provide for $5 surcharge on all
parking fines to be used to fund school
crossing guard program
59. Ord. #5490-93 - adult use ordinance
59a Ord. #5491-93 - re: Cable Television
Systems, to provide for regulation of basic
service tier rates and related equipment,
installation and service charges of any cable
television system operating in the City
59b Ord. #5434-93 - re: appointive boards &
committees of the City; amending Sections
2.061 through 2.069
57. Continued.
58. Ord: #5473-93 passed 1 st reading.
59. Ord. #5490-93 passed 1 st reading as
amended.
59a Ord. #5491-93 passed 1 st reading.
59b Continued.
Resolutions
60. Res. #93-63 - re: requesting county to
abate taxes
61. Other City Attorney Items
a) Humane Society of Pinellas County
b) (Cont. from 10/18/93) Dail v. City - Dails
request to modify payment plan to City
10/21/93
60. Res. #93-63 adopted.
61 . a) Approved agreement.
b) Authorized $1 DO/mo. payment including
interest.
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62. City Manager Verbal Reports
62. None.
63. Commission Discussion Items
Note: a thru i are all Cont. from 10/18/93
a) Commission Rules
b) Water Treatment
c) Public Libraries re: # of items checked
out
d) Countryside Day - Spring of 1994 -
Second Annual
e) Fee Agreement with Snell Isle Properties,
Inc.
f) CDSG Funding Levels
g) Budget Advisory Committee
recommendations
h) Tracking Items
i) Code Enforcement Certification
j) Dunes on Beach
k) Directives
I) wooden fishing pier
63. Continued.
64. Other Commission Action
64. None.
65. Adjournment
65. 12:06 a.m. (10/22/93)
10/21/93
8
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
TO:
Mayor Garvey
FROM:
Sally Thomas, Agenda Clerk
SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk
DATE:
October 21, 1993
No minister will be present this evening.
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Subject:
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Item #
Meeting Date: 10/18 & 10/21
SERVICE AWARDS
Recomm endation/Motion:
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The following employees be presented with service awards for their length of servIce In the
employment of the City of Clearwater.
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years:
Stephanie Wager
Patricia Lafferty
lames D. Steffens
Michael E. Harrell
Daniel D. Till
10 Years~
Simon L. Reina
Rosanne Beck
William F. Emmott
Scott l. Wilson
15 Years:
Richard W. Hodge
Allen V. Mahan
20 Yea r s :
Elizabeth E. Khan
Roy C. Sattinger
James M. Smith
30 Yea r s :
Thelma V. McKahand
Parks & Recreation
Public Works/Trans.
Police
Police
Public Works/Util. & Inf.
Police
Police
Police
Police
Jeffrey L. Patterson
Marcia C. Charlton
Lorse Shine
Rebecca L. Wogoman
Police
Marine
Parks & Recreation
Library
Public Works/S.W.
City Manager's Office
Parks & Recreation
Public Works/Eng.
Public Works/P.S.
Ronald P. Luchan
Robert S. Miller
Paul D. Herring
Po lice
Parks & Recreation
Public WorksIS.W.
Parks & Recreation
Reviewed, by: Originating Dept: Costs: Commission Action:
Human Resources Total
Legal 0 Approved
Budget 0 Approved w/conditions
Purchasing User Dept.: Current FY 0 Denied
Risk Mgmt. 0 Continued to:
ctS Funding Source:
ACM Advertised: o Capt. Imp.
Other Date: o Operating
Paper: o Other Attachments:
o Not required
Submitted by: Affected parties Appropriation Code:
o Notified
o Not required o None
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TO:
Mayor Rita Garvey
DATE:
October 21, 1993
FROM:
Betty J. Blunt, Confidential Clerk Receptionist
COPIES:
City Commissioners, J\1ichael Wright, Cyndie Goudeau
SUBJECT:
Presentations at the October 21, 1993 City Commission Meeting
The following presentations will be made at the October 21, 1993 City Commission meeting.
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Steve Miller, Parks and Recreation (letter of appreciation and watch)
"Employee of the Year" for 1993 is Milton Cason, Sr., Risk Management Division,
Department of Administrative Services
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Proclamation
Shriner's Hospital Benefit Days, Brian Walters and others
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DATE
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AGENDA
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RESOLUTION NO. 93-68
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE SALE OF THE PROPERTY COMMONLY KNOWN AS
THE "ATRIUM AT CLEARWATER SQUARE" OR THE "SUN BANK
BUILDING; II APPROVING THE FOI<M OF A SALE-PURCHASE
AGI<EEMENT, INCLUDING THE ADDENDUM THERETO, BETWEEN THE
CITY AND WALTER T. KRUMM VENTURES, I NCORPORA TED, OR
ASS I GNS, JO I NED BY THE COMMUN I TY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, PROVIDING FOR SUCH SALE;
AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF
SAID AGREEMENT AND THE CONSUMMATION OF ANY TRANSACTIONS
CONTEMPLATED THEREBY, INCLUDING A RIGHT OF FIRST REFUSAL
ON THE PROPERTY PRESENTLY OCCUPIED BY THE CLEARWATER
POLICE STATION; PROVIDING AN EFFECTIVE DATE.
v/HEREAS, the City Commission of the City of Clearwater desires to sell the
property commonly known as the "Atrium at Clearwater Squarell or the IISun Bank
Building, II pursuant to a Sale-Purchase Agreement which has been prepared for such
purpose, and to conSllmmate any transact ions contemp 1 ated by sa.i d agreement,
including but not limited to the granting of a right of first refusal on the
property presently occupied by the Clearwater Police Station; now therefore,
BE IT RESOLVE.O BY THE CITY COMMISSION OF HIE CITY OF
CLEAI<WATER, FLORIDA:
Section 1. The sale of the City-owned property commonly known as the
IIAtrium at Clearwater Squarell or the IISun Bank Buildingll pursuant to the terms
of a Sa 1 e-Purchase Agreement, i nc 1 ud i ng the Addendum thereto and the exh i bi ts and
schedules attached thereto (collectively, the IIAgreementll), the form of which is
attached hereto as Exhibit A, between the City as Seller and Walter T. Krumm
Venture s, Incorporated, as Purchaser, jo i ned by the Commun i ty Redeve 1 opment
Agency of the City of Clearwater, is hereby approved except as provided in
Section 2 below. The consummation of any transactions expressly contemplated by
the Agreement, including but not limited to a right of first refusal on the
property presently occupied by the police station, and the taking of actions
necessarily related to closing and consistent with the terms of the Agreement,
are hereby authorized.
Section 2. Tile Mayor and City Manager are hereby authorized and directed
to e xecu te the Agreemen tin subs tallt i ally t,he form attached as Exh i bit A, SUBJECT
TO the following changes, which shall be made before execution of the Agreement
by the Ci ty and wh i ch sha 11 requ i re tile approva 1 of the Purchaser:
1 . In the Addendulll, de lete paragraph 9 ("Cap ita 1 Improvemen ts II) .
2. In the Option to Purchase (Exhibit I to the Addendum), delete the
prov is i on in paragraph 9 (page 3) that the note wi 11 be a "nonrecourse note. 1\
3. In paragraph 9(c) of the Sa le-Purchase Agreement (page 8), delete the
proposed new phrase, lIa11 of which agreements shall be terminated by Seller at
Closing, if possible, but in not [sic] event later than 30 days after closing,ll
and substitute the following: liThe agreement{s) between Seller and Faison
Associates shall be terminated by Seller ~ffective as of the date of Closing, if
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possible, but not later than 30 days after the date of Closing. All other
agreements described in this paragraph may be terminated by Purchaser in
accordance with their terms.1I
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4. The form of the agreement for access, control and maintenance of the
parking garage and walkway (to be attached as Exhibit I to the Agreement) shall
consist of an assumption of the January 8, 1990, Maintenance and Operation
Agreement for the Park Street Garage, with such reasonable modifications as the
parties may agree; provided, however, that any modifications shall require the
express approval of the City Commission.
5. The City shall provide, in accordance with paragraph 1 of the
Addendum, the form of an easement to permit the continued maintenance of the
walkway over Park Street.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of October, 1993.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
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~ber 1", 1993
.:.t
Cttober 17, 1993
SALE - ~ ~8\I8\jT
bew..een
, , CITY a: ClEAFV\l\TER, FLrn I ()A. (SELLER),
and
W\L TER T. KFU\M \/ENflRES, I f\!ll1FCRt\TED
(Gi ITS ASSI<:N5, IN:LLDIN3 BJf f\DT LIMITS::> ro
ATRILM AT CLEPR^ATER, LID.,
A FLffiID\ LIMIT8) PPRTf\EF&lIP)
( R...fO-IASER)
Including Joinder by
"','mAVtN IlY RB:EVEL.ffiVENT K:EN:X a= l1-E C IlY 0=.
CLEAA^ATER, FI.ffiID\
Dated as of October 17, 1993
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TPBLE a= CINTENTS
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Page
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Sale of Prenises
Purchase Price
,Apportionrents
Closing Date
Permi tted EncUTbrances
Violations
Representat ions and W3r rant i es
Closing Expenses
Cbcurents to be Del ivered by Seller at Closing
Docurents to be Del ivered by Purchaser at Closing
Tax Proceedings
As-Is
Broker
Access to Records
~tices
Mi sce II aneous
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TPBLE a= 001 B 1 TS ItD ffi-Ell.ES
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E>>-tIBIT A
Legal Description of the Land
E>>-tIBIT 8
Lega I Oescr i pt i on of the Ai r Space
E>>-tIBIT C
Permitted EncUTbrances
OOIBIT 0
Rent RD II
OOIBIT E
Fonn of Assignrent and ~surption
of Leases and Security Deposits
1*1IBIT F
Assignrent and Assurption of COntracts
and Licenses
OOIBIT G
Blanket COnveyance, Bi I I of Sale and Assigrrrent
OOIBIT H
Form of Nbtice to Tenants
OOIBIT I
,l\greerrent for Access, Control, and lVBintenance of Parking
Ga r age and \Na I kway
Ass ignrent of Rights under EscrON Agreerent for Repa i r of
WlI kvvay Canopy
OOIBIT J
S:J-BJJLE 1
COntracts
SJ-BJJLE 2
Pend i ng Act ions
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TPBLE a= EX:F I N3) TERv13
The foll()l\fing capital ized tenrs are defined in the respective sections of
the agrearent identified be/ON:
"Actions" - as such term is defined in Section 7(a)(v) of the .AlJreerrent.
"A:fd i t iona I Rents" - as such tenll is def i ned in Sect i on 3 (c) of the,
.A9reeTent.
"Pgrearent" - as such term is def ined at the outset of the Agre6Tent.
"Ai r Space" - as such term is def i ned inSect ion 1 of the,Ag rea-rent.
"Ai r Space Irrprovarent s" - as such te rm is def i ned inSect ion 1 of the
):\greaTent.
"Bi II of Sa Ie" - as such term is def i ned inSect ion 9( f) of the Agreerent .
"Sui Idings" - as such term is defined in Section 1 of the ,Agre8Tent.
"Carteret" - as such term is defined in Section 12(a) of the PgreErTl3nt.
"Carteret Lease" - as such term is defined in Section 120f the Agreerrent.
"Closing" - as such tenn is defined in Section 4 of the Agreerent.
"Closing Date" - as such tenn is defined in Section 40f the,Agreerrent.
"Closing Statarent" - as such term is defined in Section 9(n) of the
Agrearent.
"Cont racts" - as such tenn is def i ned inSect ion 9( c) of the .Agreerrent.
"Contract and License Agre'erent" - as such tenn is defined in Section 9(c)
of the .A9realent.
( i i i)
"Deed" - as such term is def ined in Sect ion 9(a) of the ~reeTent.
"Developnmt Agreerrent" - as such term is defined in Section 1 of the
Agrearent.
"FIRPTA Affidavit" - as such term IS defined in Section 9(k) of the
Agrearent.
"G:>ve rrrrent a I A.Jtho r i ty" - as such te nn IS def i ned inSect ion 6 of the
Agreerrent.
"Land" - as such term is def i ned inSect ion 1 of the ~reSTent.
"Lease Ass i gm-ent" - as such te nn is def i ned inSect ion 9 (b) of the
Pg r eerren t .
"Leases" - as such term is def i ned inSect ion 7 (a)( i i i) of the ,AgreSTent.
"Licenses" - as such term is defined in Section 9(c) of the Agrearent.
"Permitted Encl.lTbrances" - as such term is defined in Section 5(a) of the
Pgrearent.
"Personal Property" - as such term is defined In Section 1 of the
Pgrearent.
"Project Inforrration" - as such term is defined in Section 12(a) of the
,1greerrent.
"Purchase Price" - as such term is defined in Section 2 of the ftgreBlent.
"Purchaser II - as such tenn is def i ned at the outset of the Agrearent.
"Purchaser's DJctrrents" - as such term is def ined in Sect ion 7(b) (i i) of
the Pgreerrent.
"Rea I Proper ty" - as such te rrn is def i ned inSect ion 1 of the AgreSTent.
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WIT N E SSE T H:
S6J..E ~ Ft.RJ-1ASE ,l(REEfv'8\JT
Th is Sl\LE-R.R:::H\SE /lCREBVENf (".6{J rearent") is dated as 0 f the
day of Cktober, 1993, betv\een the CI1Y a= CLE/:fV'ATER, FLrnI~ (hereinafter the
IlSeller"), and \^ALTER T. KR..N'w'IV8'ffiRES, If\.lIRFCPATBJ, an Olio corporation, or
its assiqns (as permitted hereinl including but not limited--19--1he-.AlRllJJIAT
CLEAR^ATER, LlD., A FLmID\ LIMITBJ PMTT\ER3-IIP (hereinafter the "Purchaserll),
to \I\h i ch the CIMA.NllY RB:BJELa:NlNT Iffi\C'( a= 1l-E CllY a= CLEM^ATER, FLCRID\,
joins to the extent that this ~reEJTent af fects the property and the obi igat ions
of said.tCB\CY.
w-EREAS, Seller is the ONler of the Pranises (as defined in Section 1)
located at 601 Cleveland Street, CleanNater, Florida, and commonly kn~ as the
"Atr iun at Clearwater Square" or as the "Sun Bank Sui Iding;" and
w-EREAS, Seller and Purchaser desire to enter into an agrearent vhereby,
subject to the terrrs and condi t ions contained herein, Seller shall sell the
Pr61lises to Purchaser and Purchaser shall purchase the Pranises frOl1Seller.
NYV, TI-EREFffiE, in consideration of Ten DJllars ($10.00) and the rrutual
covenants and agrearents hereinafter set forth, and intending to be legally bound
hereby, it is hereby agreed as foll~:
1. Sale of Pranises.
Seller agrees to sel I and convey to Purchaser, and Purchaser agrees to
purchase frcrn Seller, at the price and upon the terms and conditions set forth
in this AgreeTent, al I those certain plots, pieces and parcels of land located
in the City of Clea~ter, County of Pinellas and State of Florida, as rrore
part icular Iy descr ibed in Exhibi t "A" annexed hereto and rrade a part hereof (the
"Land"), together with (i) all thosevoluresof air space located in the City of
Clearwater, County of Pinellas and State of Florida, described on Exhibit "B"
annexed hereto and rmde a part hereof (collectively, the "Ai r Space"), (i i) all
bui Idings and other irrproverrents situated on the Land (collectively, the
"Buildings"l, (iii) all right, title and interest of Seller in and to all
bui Idings and other irrproverents situated in the Ai r Space (collectively, the
"Air Space In-proverrents"), (iv) all right, title and interest of Seller in and
to all easarents, rights of way, reservations, privileges, appurtenances, and
other estates pertaining to the Land and the Bui Idings including, without
I imitation, the right, title and interest of Seller under the Developrent
~reerrent dated as of July 14, 1983, and recorded in Official Records Book 5868,
Page 1530, of the pub I ic records of Pinellas County, Florida (the "Developrent
Agreerrent"), (v) all right, title and interest of Seller, if any, in and to the
fixtures, rrachinery, equipTEnt, suppl ies and other articles of personal property
attached or appurtenant to the Land or the Bui Idings, or used iOn connect ion
thereNith (collectively, the "Personal Property"), (vi) all oi I, gas and mineral
rights of Seller, if any, in and to the Land, (vii) all right, title and interest
of Se I I e r, i f any, in and tot he trade nares 0 f the Bu i I dings, and (v i i i) a I I
right, title and interest of Seller, if any, in and to all strips and gores, all
alleys adjoining the Land, and the land lying in the bed of any street, road or
avenue, opened or proposed, in front of or adjoining the Land to the center I ine
thereof, and al I right, title and interest of Seller, if any, in and to any aNard
rrade or to be rrade in I ieu thereof and in and to any unpaid ~rd for any taking
by condamat i on or any damges to the Land or the Bu i I dings by reason of a change
of grade of any street, road or avenue (the Land, together with all of the
foregoing item listed in clauses (i) through (viii) above being hereinafter
sOTetirres collectively referred to as the "Pranises;" the Land and Air Space are
soretirres collectively referred to herein as the "Real Property").
2. Purchase Price.
The purchase price to be paid by Purchaser to Seller for the Prcrnises (the
"Purchase Price") is $6,450,CXD.OO, payable in Ulited States (bllars at the
Closing (plus or minus the prorations and adjuS1Trl3nts specifically provided
herein) by wi re transfer of imrrediately avai lable funds to such bank account in
the U1 i ted States as Se II er sha II des i gnate.
The Buyer shall pay to the Seller a deposit in the crmunt of $100,CX)Q.OO
at the tirre of execution of the Sale-Purchase Pgrearent, to be held in escrON
according to the tenTS of this Sale-Purchase Agre8TEnt and the Addendun attached
hereto by The Just i ce Corporat ion wi tl1 an address-.ill 19329 U.S.~9 t\brth, Sui te
100. Clearwater, Florida. 34624-3156 (hereinafter referred---1o~s---1lle "Es::JO^J
PG:NT") and credited in full against the purchase price at the tirre of closing.
I n the event Buve r sha II have sat i sf i ed i tse If of the cond it ions refer redioin
paraqraph 8 of the Addendlffi and-LQ the event_of fai lure of perforrrElnce by the
Buyer thereafter through no fault on the part of Seller, the deposit shall be
nonrefundable and rrsy be used by Seller as Seller sees fit, and shall be retained
by Seller as liquidated dcrrages, consideration for the execution of this
contract, and in ful I settl8TEnt of any clairrs, ~ereupon Buyer and Seller shal I
be rei ieved of all obi igations under this contract; or-Se-l-tcr, Qt Seller':;
op t i on,ffBv-i*--eeeed-a-t-J-a.N-e.r---t-n equ+t-y-t-e en for cc Sc I I e r ':; I efJQ I r i gh t s uAEle-r
tA-i:; cant f-a€-t:. If, for any reason other than fa i I ure of Se II er to rrake Se II er' s
title rrarketable after di ligent effort, Seller fails, neglects or refuses to
perform this contract, the Buyer rray seek specific perforrrence or elect to
receive the return of Buyer's deposit without thereby ~iving any action for
daaages resulting fran Seller's breach.
3. Apportionn~nts.
(a) The foil OIVi ng sha II be appo r t i oned be1.v\een Se II e rand Pu rchase r
at the Closing as of midnight of the day preceding the Closing Date:
(i) prepaid rents and Pdditional Rents and other arounts payable
by tenants, if, as and when received;
(i i) real estate taxes andvvater and SeJ\€r charges (unlessrretered),
if any, on the basis of the fiscal years, respectively, for v\.hich SaTe have been
assessed, at the greatest discount for early paVTBnt avai lable, except if the
Closing shaJ I occur before the rate is fixed for the then current fiscal year,
the apportiol1Tent shall be based upon the tax rate for the next preceding fiscal
year, the apportionrent shal I be based upon the tax rate for the next preceding
fiscal year, at the greatest discount for early pa'yfrent available;
(i i i) charges and pa~"Ents under the Contracts;
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(iv) any prepaid itoTs, including, without I imitation, fees for
licenses vJ1ich are transferred to Purchaser at the Closing;
(v) uti I ities, including, without I imitation, vvater and SeAer (if
rretered), telephone, electricity and gas (if applicable), on the basis at the
rrost recent I y issued bill s the ref or, sub j ect to adj us trren t af ter the CI os i ng V\hen
the next bi lis are avai lable, or if current rreter readings are avai lable, on the
basis of such readings;
(vi) personal property taxes, if any, on the basis of the fiscal
year for V\hich assessed;
(vi i) Seller's share, if any, of all revenues fran the operation of
the Prsni ses othe r than rents and AJd i t i ana I Rent s (i nc I ud i ng, wi thout
I imitation, parking charges, and telephone booth and vending ITBchine revenues),
if, as and \/\hen received;
(v i i i) pe rmi t ted adni n i st rat i ve cha rges, i f any, on tenants' secu r i ty
depos its;
(ix) sales taxes on rents and other charges payable by tenants, if,
as and ~en received; and
(x) such other it6T6 as are custarari Iy apportioned betv\.een sellers
and purchasers of office bui Idings located in the City of CleanNater, Florida.
(b) Any rents received by Purchaser or Seller fran tenants after
the Closing shall be appl ied to mounts payable by tenants for the follOlVing
per i ods in the to II ONi ng order of pr i or i ty: (i) rents V\.h i ch V\€re due and payab I e
30 days or less than 30 days before the Closing occurred shall be prorated
betv\.een Se II er and Purchaser; and (i i) rents Wl i ch Vl.€re due and payab I errore than
30 days before the Closing occurred shal I be paid to the Purchaser; provided,
hOJ\.ever, that if rents are OJ\..ed to Seller's predecessor in title by reason of the
covenants and condi t ions of the Sale-Purchase ftgreBTent be1.v\een Seller and
Seller's predecessor in title, the appropriate SLm, less a proportionate share
of any reasonable attorneys' fees and costs and expenses of collection thereof,
shal I be prOTptly paid to the Seller's predecessor in title, ~ich obi igation
shal I survive the Closing. If rents or any portion thereof, received by Seller
or Purchaser after the Closing are payable to the other party by reason of this
al location, the appropriate sun, less a proportionate share of any reasonable
attorneys' fees and costs and expenses of collection thereof, shal I be prarptly
paid to the other party, ~ich obi igation shal I survive the Closing. eel ivery
of the Lease AssigITTent (as defined in Section 9(b)} shall not constitute a
V\eiver by Seller of the right to seek a personal judgrent against any tenant for
arrearages. Purchaser agrees to use al I reasonable efforts in collecting such
past due amunts after the Closing, and_-J*-e\f-t-6ea-hEWvC\lcr, Purchaser shall not-ee
rcqui rcd t-e C0l1lTBnce any legal action.l9 collect.-S!!J.Y2uch arrearages~sllev exist
at C I os i ng .
(c) If any tenants are requi red to pay percentage rent, escalation
charges for real estate taxes, parking charges, operating expenses and
rraintenance escalation rents or charges, cost-ot-living increases or other
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charges of a simi lar nature (",6dditional Rents") and any Mditional Rents are
collected by Purchaser after the Closing Date, then Purchaser shall prOTptly pay
to Seller out of the fi rst such SUTE received the aTDunt of al I Additional Rents
~ich are due and payable by tenants with respect to any period prior to the
Closing Date, less a proportionate share of any reasonable attorneys' fees and
costs and expenses of collection thereof, \t\hich obi igation shall survive the
Closing. Delivery of the Lease Assignrent shall -ne-t constitute a \^k)iver by
Seller of the right to seek a personal judgrent against any tenant for
arrearages. Purchaser agrees to use all reasonable efforts in collecting such
past due arounts after the Clos ing, and-pr-ev+6e€i-t1GJV3ve-r-, Purchaser shall not-be
f~EtH+-r-e&-t-e-COl'1lTEnCe any I ega I ac t i on J..9 co I I ec t..illJY such a r rea rages.Jls rrev ex i s t
as of Closing.
(d) Q:1-thc CI-es-tTlg Datc, Purchaser shall not reirrburse Seller
separatelv for Seller's cost, including the cost of any taxes, of inventoryof
useable suppl ies currently used in the operation of the PrEmises and located at
the Prani ses.
(e) I f there is a water rreter on the Preni ses, E>e II er shall furn i sh
a reading to a date not rrore than bAD days prior to the Closing ~te, and the
unfixed water charges and SeAer rent, if any, based thereon for the intervening
tirre shal I be apportioned on the basis of such last reading.
(f) If any of the itaT6 subject to apportiorJTent under the
foregoing provisions of this Section 3 cannot be apportioned at the Closing
because of the unava i lab i I i ty of the i nforrrat ion necessa ry to corpute such
apportionrent, or if any errors or Ollissions in carputing apportiorTrEnts at the
Closing are discovered subsequent thereto, then such it6T6 shall be reapportioned
and such errors and omissions corrected as soon as practicable after the Closing
Date and the proper party reirrbursed, w,ich obI igation shall survive the Closing.
The foregoing notwi thstanding, there shall be no readjustJTent for real or
personal property taxes fol IONing the Closing.
(g) If, on the date of this Agre8Tent, the Pranises or any part
thereof shall be affected by any assessrent or assessrents ~ich are or rrEY
becare payab lei n i nst a Ilrrents, of ,^h j ch the first i nsta Ilrrent is nON a charge
or I i en, or has been pa id, then (i) Se II er sha II be obi igated to pay a II
installrrents of any such assessrent V\hich are due and payable pr ior to the
Closing Date, and (ii) for the purposes of this Agreerent, all the unpaid
instal Irrents of any such assesSTent ~ich are to be COTe due and payable on or
after the Closing Date shall not be deEJTed to be I iens upon the Pranises and the
pa~nt .thereof shal I be assured by Purchaser vvithout abatSTent of the Purchase
Price. As of this date Seller has no knONledge of-illlY actual-.m planned
assesSTents except as nBV be disclosed in the Title Oanmitrlent-19 be del ivered
to Buyer prior to Nbvaiber~ 1993.
4. Closing Date.
The del ivery of the Deed (as defined in Section 9(a)) and the cons~tion
of the transactions conterrplated by this ,llgreEJTent (the "Closing") shall take
place at the offices of Richards, Gi Ikey, Fite, Slauqhter, Pratesi~\1\ard, P.A.,
at noon on I\bv6Tber 30, 1993, -6A the-€atc hcreof (the "Closing Date")
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5 . Pe rmi t t ed EncUTb r ance s .
(a) Se II e r sha II convey and Purchase r sha II accept tit I e to the
Prenises subject only to those rratters set forth on Exhibit "C" annexed hereto
and rrade a part hereof (collectively, the "Pennitted Enctrrbrances").
(b) If on the Closing ~te there exist any I iens or encUTbrances
V\hich Seller rrust payor discharge in order to convey to Purchaser such title as
is herein provided to be conveyed, Seller rray use any portion of the Purchase
Price to satisfy the sare, provided:
(i) Se II er sha II de liver to Purchaser or the Ti tie Ccrrpany, at the
Closing, instrllTEnts in recordable fonnand sufficient to satisfy or release such
I iens and encUTbrances of record together wi th the cost of recording or f i ling
sa i d i nst nrrents; or (i i) The Ti tie Cmpany sha II agree to uncond i t i ona II y de I ete
any such I i ens or encUTbr ances f ran the cOl1!l1i Urent for an OJ\Ale r' s fee tit Ie
insurance pol icy in the arount of the Purchase Price with respect to the Real
Proper ty (the "Ti tie Ccmni trrent") issued by
(the "Ti tie Carpany"). TIle ex i stence of any such
liens or encUTbrances shall not be deerred objections to title if Seller shall
carplywith the foregoing requirEfT'Ents. Simi larly, at Seller's election, unpaid
I iens for taxes, water and seJ\.er charges and assessrents, w,ich are the
obi igation of Seller to satisfy and discharge shal I not be objections to title,
but the aTDunt thereof, plus interest and penalties thereon, if any, carputed to
the third (3d) business day after the Closing Date, shal I be deducted fran the
Purchase Price payable pursuant to Section 2, subject to the provisions for
apport iorrrent of taxes, vvater and SeAer charges and assessrents contained herein.
(c) Any franchise or corporate tax open, levied or irrposed against
Seller or other owners in the chain of title that rray be a I ien against the Real
Propertyon the Closing Date, shal I not be an objection to title if the Title
Carpany deletes serre frOll the title pol icy issued pursuant to the Title
Ccmmi trrent.
6. Violations.
Seller shall havenoobligationtocmplywith, discharge or rarDve (a) any
conditions constituting violations of larvs, ordinances, orders or requirEJrents
issued by any govermental authority ("<:Overrrrental l\uthority") having
jurisdiction over the Real Property (or, \l\hich with the passage of tiITe or the
giving of notice or both, \f\.Ould constitute such a violation) ("Violations") or
(b) any notes or not ices of Violations noted or issued by any C:Overnrental
ftuthority Wlether or not such condition, note or notice arose prior to or
subsequent to the date of this Agrearent.
7. Representations andV\8rranties.
(a) Seller represents and vvarrants to Purchaser as follONS:
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( i) So I I e r i s a du I y f 0 rrred and val i d I y ex i s t i ng ffim i c i pa I
corporat ion organi zed under the larvs of the State of Flor ida, and has full pOJ\.er
and authority to 0An the Pranises and to conduct its business thereon, as it is
being conducted, and is qual if ied under the Ic:wvs of the State of Flor ida to
conduct business therein;
(i i) Seller and the Cc.n1rruni ty RedeveloPTent AJency..Qf the Ci ty~
CI earwater, F lor ida has the fu II I ega I right, pw.er and author i ty to execute and
del iver this Agre6lent and all docUTEnts naN or hereafter to be executed by
Seller pursuant to this ~reEJT[Jnt (collectively, "Seller's D:Jcurents"), to
conSl1l1rrBte the transaction contErlplated hereby, and to perfonn its obligations
under the Seller's l::bcuTents;
(i i i) to Seller's knONledge, there are no leases, I icenses or other
occupancy agreaTents affecting any portion of the Pranises (collectively, the
"Leases"), except for the Leases described on the rent roll attached hereto as
Exhibit "0" hereof (the "Rent Roll"). Seller represents to Purchaser that Seller
has agreed to no rraterial changes to the Leases except as rrny be described in
Exhibit "0" hereof. Purchaser acknONledges that Seller has limited knONledge of
the status of the tenancies affect ing the Prenises and of the operat ions of the
Premises, and that except for the limited representat ions contained in this
Sect ion 7(a) (i i i), Purchaser is relying sol ely upon its 0.JI.Al inqui r ies, as
heretofore and hereafter conducted by Purchaser, to detennine the tenrs,
conditions and status of all tenancies affecting the Prenises and of the
operations of the Pranises generally;
(iv) to Seller's knONledge, there are no Contracts affecting the
prEmises except as set forth on Schedule 1 annexed hereto andrrade a part hereof;
{v} to Seller's knONledge, there are no pending actions, suits,
proceedings or investigations to \/\hich Seller is a party or otherwise affecting
the PrEJili ses before any court, C?overnrental A.Jthor i ty or otherwi se wi th respect
to the Pranises, and to Seller's knONledge, Seller has received nowritten notice
f ran any G:>vernrenta I Jl.uthor i ty of any pend i ng or threatened condemat i on of the
Pren,ises or zoning, bui Iding, fire or health code violations or violations of
other goverrrrental requiramnts or regulationswith respect to the Pr811ises, nor
to Seller's knOJVledge has Seller received any written notices frOl1 insurers of
defects in the Pr811;ses V\hich have not been corrected (collectively, "Actions")
except as set forth on Schedule 2 annexed hereto and rrade a part hereof;
(vi) to Seller's knONledge, there are no oral leases or other oral
occupancy arrang6TEnts affecting any portion of the Pranises; and '
(vi i) this Agrearent does not contravene any provision of the city
charter or ordinances of Seller, any judgrent, order, decree, writ or injunction
issued against Seller, or any provision of any existing laNor regulation. The
consl.flllmtion of the transactions conteTplated hereby wi II not result in a breach
or constitute a default or event of default by Seller under any agre8TBnt to
V\hich Seller or any of its assets are subject or bound and wi \I not result in a
violation of any appl icable IaN, order, rule or regulation of any GovernTental
Author; ty.
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Ie) TIle representat ions and vvarrant i es set forth in or rrnde
pursuant to this AgreElTent shall raTa in operative and shall survive the Closing
and the execut ion and del ivery of the Deed for a per iod of six rronths follONing
the Closing Date, and no action based thereon shall be cm1lrenced after such
pe r i od .
My references to "Seller's knONledge" or V\Ords of sirni IDr irrport shall be
I imi ted to the actua I (as d i st i ngu i shed f ran irrp lied, irrputed or canst ruct i ve)
knOJVledge of Michael Wight and/or Peter Cozza, the actual off iceu; of Soller
cha rged wi th the nonagarent respons i b i I i ty for the PrEmi ses, wi thout i nqu i ry or
investigation.
(b) Purchaser represents and vvarrants to Seller as follONS:
Ii) V\l:Jlter T. Kn.n1ll1 Ventures, Incorporated~ the_Purchaser
hereunder is a dulv forrred and val idlv existinCJ corporat ion under the laNS.Qf the
State of 01 i 0 and i s_ author i zed and qua I if i ed under the I CMJS~ the State~f
Florida to conduct business in the State of Florida on the Date of this
~re6rent. Purchaser intends to assiqn.J.1.? riQhts hereunder prior....l.o Closing to
the Atr iun of Clearwater , Ltd. or another nEMJly fonTed I imi ted partnership
(having W31 ter T. KrU11l11 or one~f~ corporate aff i I i()tes~.-tlle general
partnert \I\hich partnershig wi IIJE--1.b? d()te~ Closing b_e_a duly fom-ed and
validly existing limited partnership organized under the laIvS of the State of
Flor ida and wi U haveJ1as full pC>.t\er and author i ty to 0Nl its property and assets
and to conduct its bus i ness, as it is be i ng conducted, and -i.s wi II be_qua I if i ed
under the laNS of the State of Florida to conduct business therein on the date
of ClosinCJ of this .Agreerent;
(ii) Purchaser has the full legal right, pOJ\.€r, authority and
financial abi I ity to execute and del iver this ~rearent and all docl.1Tents nON or
hereafter to be executed by it pursuant to this AgreeTEnt (collectively, the
"Pu r chase r ' s D:>cllTBn t s" ), to consU11lll'3 t e the trans ac t ions con t Errp I at ed he r eby, and
to perform its obi igations under the Purchaser's DJcurents. This ,AgreEJT'Ent
constitutes, and upon their execution and delivery, the other Purchaser's
[bCl.frents wi II const i tute, the legal, val id and binding obi igat ions of Purchaser
and, subject to bankruptcy, insolvency, reorganization, rmratoriLm and other
simi lar 1aN.5 nOJVor hereafter in effect relating to creditors' rights generally,
this Agre8TEnt is, and the other Purchaser's DocUTents wil I be, enforceable
against Purchaser in accordance with their respective terrrs; and
(iii) on the date hereof, there are no pending actions, suits,
proceedings or investigations to wlich Purchaser is a party before any court,
G:>verrTrental AJthority or otherwise v~hich rray have an adverse irrpact on the
transactions contsrplated hereby.
(d) f\btwithstanding anything contained herein to the contrary, the
aggregate I iabi I ity of Seller arising pursuant to or in connection with the
representations and vvarranties of Seller and/or the agresrents or certificates
or affidavits of Seller set forth in or del ivered pursuant to this .Agreerent
and/or Seller's COcurents, shall not exceed $350,(X)().
8. Closing Expenses.
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(a) All costs and expenses arising frCTTl this transaction shall be
borne and paid by Purchaser, including but not limited to: (i) the state
docU113ntary staTTJS required to be affixed to the D3ed; (ji) the OJV1er's title
insurance pol icy issued pursuant to the Tit Ie O:mni1rrEnt; (i i i) all recording
costs for the Deed and Lease Assigrrrent; and (iv) all costs of inspections of the
Prenises, nevvor updated surveys of the PrEmises, envirol1Tental audits and other
reports ordered by or on behal f of Purchaser relat ing to the Prcmi ses.
(b) Purchaser and Seller shall be responsible for thei r 0J\.fl
attorneys' fees and other closing costs ,^hich are not expressly enLIrerated
herein.
9. D:>cUTents to be [Jel ivered~ Seller at Closing. At the Closing,
Seller shall execute, acknONledge and/or del iver, as appl icable, the follONing
to Purchaser or the Title CaTpany:
(a) A Special \t\8rranty ~ed (the "Deed") conveying title to the
Prenises.
(b) The Assignrent and AssUTption of Leases and Security Deposits
in the form of Exhibit "E" annexed hereto and rmde a part hereof, assigning
vvithout ~rranty or representation, except as expressly set forth therein, al I
of Seller's right, title and interest, if any, in and to the Leases, all
guarantees thereof and the secur i ty depos its thereunder, if any (the "Lease
Ass i grrren t " ) .
(c) The Ass i grrrent and A<>surpt i on of Cont r acts and Licenses in the
form of Exhibi t "F" annexed hereto and rrade a part hereof (the "Contract and
License Ass i gnrent"), ass i gn i ng, to the extent serre are ass i gnab Ie, wi thout
~rranty or representation, except as expressly set forth therein, all of
Seller's right, title and interest, if any, in and to (i) all of the licenses,
permits, certificates, approvals, authorizations and variances issued for orwith
respect to the Pra11i ses by any C:Overl1Tenta I Author i ty (co II ect i ve I y , the
"Licenseslt); and (i i) all purchase orders, equip-rent leases, advert ising
agre8TEnts, franchise agreBTents, license agreBTents, manag8Tent agrearents and
servi ce cont racts and vvar rant i es_re I at i ng to the ope rat i on of the Pr811i ses
(collectively, the "Contracts"). J\btwithstanding the foregoing, Purchaser
assures no agrearents and no rights or obligations under any agreerrent betv\een
Seller and Faison Associates gJJ of lJ'J1ich agreernnts shal J be tenninated-12Y
Seller at Closing, if possible, but--1o not event later than 30 days after
closin~.
(d) To the extent in Se II er ' s possess ion, executed counte rpar ts of
aJ I Leases and any arendTents, guarantees and other docUTents relating thereto,
together vvith a schedule of all security deposits paid by the tenants thereunder
and the accrued interest on each of such security deposits, if any, and a
separate official bank check payable to the order of the Purchaser, or a credit
to the Purchaser against the Purchase Price, in the aggregate arount of the
secur i ty depos its unde r the Leases Jl!? se t for th.JD the Leases or.J.D the va r i ous
Tenant estoppel letters)_and the interest thereon, if any. In the event any cash
security deposits and the interest thereon are held by a bank, savings bank,
trust ccrrpany or savings and loan associat.ion, at Seller's option, Seller shaJ I
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del iver to Purchaser, In I ieu of such checks or credit, an assignrent to
Purchaser of such deposits and interest and written instructions to the holder
thereof to transfer such deposits and interest to Purchaser. VV1th respect to any
I ease secur it i es \I\h i ch a re other than cash, Se II e r sha II execute and de liver to
Purchaser at the Closing any appropriate instrUTents of assignTent or transfer.
(e) A bi II of sale in the form of Exhibi t "G" annexed hereto and
rmde a part hereof (the "Bi II of Sale") conveying, transferr ing and sell ing to
Purchaser without warranty or representation, except as expressly set forth
herein, to the extent assignable, al I right, title and interest of Seller in and
to all Personal Property.
(f) Notices to the tenants of the Prgnises in the form of Exhibit
"H" annexed hereto and rrnde a part hereof advising the tenants of the sale of the
Premises to Purchaser and di rect ing that not ices,_rents and other pa'{rents
thereafter be sent to Purchaser or as Purchaser rrny di rect.
(g) (i) COpies of resolution of the City Oanmission of Seller
authorizing the execution, del ivery and performance of this Agrearent and the
consl111rr"8tion of the transactions contaTplated hereby, certified as true and
cor rect by the Ci ty CI e rk or the Ass i stant Ci ty CI erk of the Se II er; and (i i) an
incUTbency certificate executed by the City Clerk or the Assistant City Clerk
with respect to those officers of Seller executing this ~reerrent and any
docUTents or instrUTents executed in connection with the transactions
conterrplated herein .IllidE simi lar evidence of the authoritY~-1b..e Ccmn.Jnitv
RedevelopTent A:1encv of the City of Clearvvater, Florida-9.f the purposes set forth
herein.
(h) To the extent in Seller's possession and not already located
at the Pranises, keys to al I entrance doors to, and equipYent and uti I ity roOTS
located in, the Prgnises.
(i) To the extent in Seller's possession and not already located
at the Pranises, al I Licenses.
( j ) To the extent in Se II e r ' s possess i on, executed counte rpa r ts of
all Contracts and all vvarranties in connection therevvith \l\hich are in effect on
the Closing Date and ~ich are being assigned by Seller.
(k) A "FIRPTA" affidavit &v\.Orn to by Seller, in custorary form.
Purchaser acknONledges and agrees that upon Seller's del ivery of such affidavit,
Purchaser shall not wi thhold any port ion of the Purchase Pr ice pursuant to
Section 1445 of the Internal Revenue COde of 1986, as arended, and the
regulations prOTUlgated thereunder.
(I) A "CAP" and "NJ-Lien" affidavit, in custorary form.
(m) A closing staterrent (the "Closing Staterrent"), in custOTary
fOnTl, providing for the prorations and adjustrrents set forth herein and the other
monetary obi igations stated herein to be an obi igation of either of the parties
hereto.
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(n) All other docUTEnts Seller is requi red to del iver pursuant to
the provisions of this ftgrearent including but not I imited...J.9-E...n assignrent~f
the insurance Droceeds for the elevated garage ~I~y~ referred~o--Ln~e
Pddendun and a II ITBnagerent and hi stor i ca I operat i ng i nfonrat ion and records.J..QJ
the current and al I prior year~-1D Seller's possession~-1D-1b? possession~f
any 0 f Se I I e r ' sagen t s .
10. Cocl1rents to Be Del ivered-.!2Y Purchaser..Aj: Closing. At the Closing,
Purchaser shall execute, acknONledge and/or del iver, as appl icable, the follONing
to Seller:
(a) The Purchase Price payable at Closing pursuant to Section 2
hereof, subject to apportionTents, credits and adjustrrents as expressly provided
in this Agrearent.
(b) (i) COpies of al I consents and authorizations of Purchaser
authorizing al I the transactions contSTplated by this Agrearent, all certified
as true and correct by a duly appointed representative of Purchaser; and (i i) an
incLrrbency certificate executed by an appropriate party with respect to the
person executing this Agrearent on the part of the Purchaser.
(c) The Lease AssignTent.
(d) The Contract and License AssignTent.
(e) The Closing Stat8Tent.
(f) An opinion of the attorney for Purchaser to the effect that (i)
a II necessary consents and author i zat ions of Purchaser wi th respect to the
transactions contarplated herein have been obtained, (i i) this AgreSTent and the
other docUTents executed and del ivered by Purchaser in connection herewith
constitute the legal, val id and binding obi igations of Purchaser in accordance
with their respective terms, and (i i i) the person executing this Agre8lent and
any other docUTents executed and del ivered in connection hereNith is duly
authorized to do so.
(g) AI I other docuTents Purchaser is required to del iver pursuant
to the provisions of this Agrearent.
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11. Tax Proceedings.
With respect to all tax years prior to the Closing, Seller is hereby
authorized to canrrence, continue and control the progress of, and to rrake al I
decisionswith respect thereto, any proceeding or proceedings, w,ether or not nON
pending, for the reduction of the assessed valuation of the Pranises, and, in its
sole discretion, to try or settle the SaTe. AI I net tax refunds and credits
attributable to any tax year prior to the tax year in vU1ich the Closing occurs
shal I belong to and be the property of Seller. Purchaser agrees to cooperate
with Seller, at Seller's cost and expense, in connect ion with the prosecution of
any such proceedings and to take al I steps, \l\hether before or after the Closing
Date, asrmy be necessary to carry out the intention of the foregoing, including,
without limitation, the delivery to Seller, upon dSTEmd, of any books and
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, . : '. .' ",' . . .... , "., .
12. As-Is.
records, including receipted tax bi I Is and canceled checks used in pa~nt of
such taxes, the execution of any and al I consents or other docurents, and the
undertaking of any act necessary for the collection of such refund by Seller.
The provisions of this Section 11 shal I survive the Closing.
(a) Purchaser acknONledges and agrees that, as noted in Sect ion 7
hereof, Seller has limited knOJVledge as to the status of the Leases, Contracts
and the general operations nt and physical condition of the Pranises, and that
Se II er has I imi ted knONI edge as to the adequacy, accu racy and carp I eteness of any
IT8terials suppl ied by Seller to Purchaser with respect to the PreTIises
(collectively, the "Project Infonmtion"). All data, reports and other
infonration contained in the Project Infonrat ion are expressly subject to change,
errors and anissions. Wli Ie Seller has no actual knONledge of any error or
inaccuracy in any of the Project Inforrration, Seller expressly disclailTS any
V\erranty or representat ion, express or ilTpl ied, as to the accuracy or
cCTTlJleteness of the Project Inforrmtion. Without I imiting any of the other
tems, provisions or conditions of this ftgreErT"ent, Seller and Purchaser
acknOJVledge that Carteret Savings Bank, F.A. ("Carteret") has been taken over by
the Resolution Trust Corporation and the Resolut ion Trust Corporation rray
repudiate Seller's lease with Carteret (the "Carteret Lease") at any tirre. The
repudiation or fai lure to repudiate the Carteret Lease shall have no irrpact or
effect upon any of the tenTS, provisions or conditions of this Agre8T8nt nor
shall the repudiat ion or fai lure to repudiate the Carteret Lease change or affect
the Purchase Price. Further, Seller does hereby expressly disclaim any and all
V'Jar rant i es of rrerchantab i Ii ty and fitness wi th respect to the Preni ses or any
par t i on thereo f . Purchase r sha II re I y so I e I y upon its 0JIAl invest i gat ions,
i nqu i r i es and due d i I i gence pr i or to the CI os i ng in 0 rde r to dete rmi ne the status
of the Pranises and its suitabil ity for Purchaser's intended uses.
(b) Purchaser acknONledges that Purchaser has had the opportunity
prior to the execution of this contract to inspect the Prgnises and becOl8 fully
faniliar with the physical condition and state of repair of the Pr81lises.
Purchaser acknONledges and agrees that at Closing it wi I I be accepting title to
the Prenises on an "as-is" basis. Purchaser agrees to rely v\holly on its 0J\A1
i nqu i ry and invest i gat i on to dete rmi ne the rre r i ts, usefu I ness and su i tab i I i ty of
the Pranises, the financial condition of the Pr6Tlises and the qual ity and extent
of construction of the Irrprov6Tents. U,!ess expressly provided otherwise herein,
in no event shal I Seller have any obi igation to rreke or effect any repairs or
irrproveTEnts to the Pre~ises or to obtain any zoning variances, platting, or
other goverrrrental approvals relating to the Pranises. This .Agrearent, as
wr i tten, contai ns all the terrr-s of the agreaYent entered into be1.v\een the part ies
as of the date hereof, and Purchaser acknONledges that nei ther Seller nor anyof
its agents, 6Iployees or representatives, has rrede any representations, or held
out any inducaTents to Purchaser, other than those, if any, herein expressed.
Without limit ing the general ity of the foregoing, Purchaser has not rei ied on any
representations or ~rranties, and Seller and its respective agents, officers,
eTp loyees or representat ives have not and are not wi II i ng to rreke any
rep resentat ions or \l\Jar rant i es, express or irrp lied, othe r than as rray be .express I y
set forth herein, as to any rrntter, including, without I irnitation, (a) the
current or future' real estate tax I iabi I ity, assesSTent or valuation of the
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Pr8'llises; (b) the potential qualification of the PrElllises for any and all
benefits conferred by any larvs w,ether for subsidies, special real estate tax
t reatrrent / i nsu rance, rror tgages, or any othe r benef its, Methe r s imi I ar or
d i ss imi I ar to those enurerated; (c) the COllJ I i ance of the Prani ses in its cu r rent
or any future state, wi th appl icable envi rOnTl3ntal Icws and regulat ions or zoning
ordinances and the abi I ity to obtain a change in the zoning or a variance in
respect to the PrEIllises' non-carpi iance, if any, wi th said zoning ordinances; (d)
the availabi lity of any financing for tho purchase, alteration, rehabi litation
or operation of the Prellises frcrn any source, any C:overmental A.Jthor ity or any
lender; (c) the current or future use of the PrOllises, including, but not I imi ted
to, the PrEnlises' use for cOl1!rercial, rranufacturing or general office purposes;
(f) the present and future condit ion and operating state of any Personal Property
and the present or future structural and physical condition of the Bui Idings or
the i r sui tab i I i ty for rehab i I i tat i on or renovat i on; and (g) Se II er' s carpi i ance
with any laNS issued or prarulgated by any G::>verrrrental Authority and any
Violations thereof. Purchaser acknONledges that Seller has afforded Purchaser
the opportunity for ful I and cOTplete investigations, exaninations and
inspections of the Pr611ises. Seller shall not be I iable or bound in any fT8nner
by any verbal or written "setups" or inforrration pertaining to the PrEJ1lises or
the rents furnished by Seller or Se! ler's agents, arployees, representatives, any
real estate broker or other person. Purchaser's acceptance of the Deed shal I be
a discharge of all of the obligations of the Seller hereunder except such as may
be expressly required to survive the del ivery of the Deed under this AgreBTEnt
or \l\hich by thei r terrrs as descr ibed in this ,AgreEJTent are to be perfonred after
the Closing. 111is Section 12 shall survive the Closing.,('
(c) 111e par ties ackno.rvl edge that the \I\a I kvvay canopy betv\een the
bui Iding and the parking garage has suffered darage. Seller agrees to assign to
Purchaser all of the Seller's rights to the sun of $50,CXX) \/\.hich has been
depos i ted in esc rON wi th the Mi cmi I aN f i on of Wa i I, GJtsha I & IVBnges for the
purpose of funding the repai r of said daTage to pre-storm condition, pursuant to
and subject to the terrrs of an escrON agreaTent dated Nbrch 29, 1993, by and
be1M.een IV8r ia Real Estate, Inc., and the City of Clearvvater, Florida. Aly
disbursEJTents fran the escrONwi II be on tenrs and condi t ions set forth in said
EscrOJV Aidreerent, including without I imitation the sulmission by Purchaser of
estirrates and invoices for the repair, wlich estirrotes and invoices shall be
sub j ect to the pr i or approva I of rver i a Rea I Estate, I nc.
(d) 111e parties shal I enter into a separate agreeTent providing
that Purchaser shall have the right of access to andrmintenance of thewalkvvay
betv\.een the bui Iding and the parking garage, the right to control access to the
vva I kvvay, and an eaS6Tent to rm i nta in the vva I kvvay over the pub lie st reet
separating the bui Iding and the parking garage. The form of such agreSTent is
or wi II be attached hereto as Exh ibi t "I."
13. Broker.
Purchaser shall pay all brokerage ccmnission due and payable to the Justice
Corporation pursuant to a separate agrea-rent betv\.een Purchaser and Justice
COrporation, to be paid outside of closing.
Otherwise, each party represents to the other that it has dea I t wi th no
12
real estate broker, sales persons or finder in connection with the transactions
described herein, except as aforesaid. Each party hereto agrees to indamify,
defend and hold the other harmless fran and against any and al I clairrE, causes
of action, losses, costs, expenses, daTBges or I iabi I ities, including reasonable
attorneys' fees and disbursarents, wlich the other rrny sustain, incur or be
exposed to, by reason of any claim or clairrE by any broker, sales person, finder
or other person, for fees, cannissions or other cOTpensation arising out of the
transactions contarplated in this AgreaTent if such claimor clairrs are based in
\!\hole or in part on deal ings or agreerrents wi th the indami fying party.
The obi igations and representations contained in this Paragraph 13 shal I
survive the termination of this Agrearent and the Closing.
14. Access to Records.
For a period of five (5) years subsequent to the Closing Date, Seller's
8Tp I oyees, agents or representat i ves sha II be ent i tied to access dur i ng bus i ness
hours to al I docUTents, books and records given to Purchaser by Seller at the
Closing for tax and audit purposes, regulatory carpi iance, and cooperation with
governTental investigations upon reasonable prior notice to Purchaser, and shal I
have the right, at Seller's cost and expense, to rrnke copies of such docUTents,
books and records. As used in th is Paragraph 14 on I y, "Se II er II i nc I udes the Ci ty
of CleanNater and ~r;a Real Estate, Inc., predecessor in title to the City of
Clearvvater. The rights of ~ria Real Estate, Inc., and its aTployees, agents or
representatives under this paragraph shall terminate onlV8rch 29,1998, the fifth
anniversary of the closing date bet~en the City of Clearvvater and Nbria Real
Estate, I nc.
15. f\bt ices.
All notices, elections, consents, approvals, d8T8nds, objections, requests
or other c~nications ~ich Seller or Purchaser rray be required or desire to
give pursuant to, under or by virtue of this Agre6Tent rrust be in writing and
sent by (a) first class U. S. certified or registered rrail, return receipt
requested, with postage prepaid, (b) telecopier (with receipt confirTl13d), (c)
reputable express rrni I or courier (next day del ivery) or (d) personal del ivery
(receipt acknONledged in writing), addressed as follD^5:
I f to Seller:
Mi chae I Wight, Ci ty I\IBnage r
Ci ty of CI eaM.eter
P. O. Box 4748
CleanNater, Florida 34618
M.A. Galbraith, Jr., City Attorney
Ci ty of CI eaM.eter
P. O. Box 4748
Clea~ter, Florida 34618
wi th copy to:
tW
If to Purchaser; \l\8lter T. Knnm
985 8ethe I PlJad
Co I UTbus, 0, i 0 43220
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wi th cop I es to:
V\8 I t e r J. NBckey, j r .
921 Chathan Lane, Suite 110
Co I urbus, 01 io 43221
and
WlI te r j. IVhckey, jr.
1601 Forun Place, Suite 805
\!\est Pa 1m Beach, F lor i da 33401
Se II er or Purchaser rray des ignate another addressee or change its address
for notices and other cOllrrunications hereunder by a notice given to the other in
the rranner provided in thi s Sect ion. A not ice or other cOl1fluni cat ion sent in
carp I i ance wi th the pr ov is ions 0 f tll is Sect ion sha I I be degred given and rece i ved
on (i) the second bus i ness day foil OJVi ng the date i tis depos i ted in the U. S.
nuil, or (ii) thedute it is received by the other party if sent byexpressrmil,
telecopier, courier, or personal del ivery.
16. Mi see I I aneous .
(a) lllis ~reerrent shall not be altered, arended, changed, vvaived,
terminated or otherwise rrodi f ied in any respect or part icular unless the SaTe
shal I be in writing and signed by or on behalf of the party to be charged.
(b) ll1is ~reerrent shall be binding upon and shall inure to the
benefit of the parties hereto and to their respective heirs, executors,
adninistrators, successors and assigns.
(c) All pr ior staterents, understandings, representations and
agreerrents betv\een the part ies, oral or wr itten, are superseded by and rrerged in
th i s ~ reerrent, v\h i ch a lone f u I I y and COTp I ete I y expresses the agreerrent be"Meen
than in connection with this transaction and ~ich is entered into after ful I
investigation, neither party relying upon any statarent, understanding,
representation or agrea-rent rrade by the other not arbodied in this AJreerrent.
This ~re8lent shal I be given a fai r and reasonable construction in accordance
with the intentions of the part ies hereto, and without regard to or aid of canons
requ i ring canst ruct ion aga i nst Se II er or the par ty dr aft i ng th i s ~ reerrent.
(d) Except as otherwise expressly provided herein, all of Seller's
representations, warranties, covenants and agreerrents herein shall rrerge in the
docLJTents and agreEJTents executed at the Closing and shall not survive the
Closing.
(e) Purchaser agrees that it does not have and wi II not have any
clairrs or causes of action against any disclosed or undisclosed officer or
a-rployee of Seller, ar ising OLlt of or in connection with this i\greerrent or the
transactions contErrplated hereby. Purchaser agrees to look solely to Seller and
its assets for the satisfaction of any liabi I ity or obi igation arising under this
Agre8lEnt or the transactions conterplated hereby, or for the perfonrsnce of any
of the covenants, vvarranties or other agrc6Tents contained herein, and further
agrees not to sue or otherwise seek to enforce any personal obi igation against
any officer or a-rployee of theSellerwith respect to anyrratters arising out of
or in connection with this Agreerent or the transactions cont61-plated hereby.
14
(j) In the event of any I itigation arising out of or connected in
any rranner wi th thi S ~reEJl'"Bnt, the non-preva i I ing party sha II pay the costs of
the p reva i ling par ty, j nc I ud i ng its reasonab I e counse I and pa ra I ega I fees
incurred in connect ion thertwi th through and including all other legal expenses
and the costs of any appeals and appel late costs relating thereto. ~erever in
this AJrearent it is stated that one party shall be responsible for the
attorneys' or counsel fees and expenses of another party, the SaTe shall
autcrrat i ca II y be deered to i nc I ude the fees and expenses in connect i on wi th a II
appeals and appellate proceedings relating or incidental thereto. This section
shall survive the Closing or the termination of this ,6greGTent.
(k) The use of any gender shal I include all other genders. ~le
singular shal I include the plural and vice versa.
Without I imiting the general ity of the foregoing provisions of this Section 16,
Purchaser hereby unconditionally and irrevocably vvaives any and all clairrs and
causes of action of any nature wlatsoever it rray nON or hereafter have against
Seller's officers and arployees, and hereby unconditionally and irrevocably
releases and discharges Seller's officers and arployees fran any and all
I iabi I ity v\hatsoever vJlich rray nON or hereafter accrue in favor of Purchaser
against Seller's officers and EfllJloyees, in connection with or arising out of
this ~rearent or the transactions cont6Tplated hereby.
(f) I\b fai lure or delay of ei ther party in the exercise of any
right given to such party hereunder or the vvaiver by any party of any condition
hereunder for its benefit (unless the tirre specified herein for exercise of such
right has expi red) shall consti tute a vvaiver of any other or further right nor
shall any single or partial exercise of any right preclude other or further
exercise thereof or any other right. NJ vvaiver by either party of any breach
hereunder or fai lure or refusal by the other party to cmplywith its obi igations
sha II be deered a Wd iver of any other or subsequent breach, fa i I ure or refusa I
to so c011Jly.
(g) TIlis ~reSTent nEY be executed in one or rrore counterparts,
each of v\hich so executed and del ivered shall be deBTed an or iginal, but all of
v\h i ch taken together sha II const i tute but one and the SaTe i nst rurent.
(h) The caption headings in this.6{Jre6Tent are for convenience only
and are not intended to be a part of this Agre6TEnt and shal I not be construed
to rrodify, explain or alter any of the teT1T6, covenants or conditions herein
contained.
(i) lllis AgreSTent, having been draAn and negotiated in the State
of Florida, shall be interpreted and enforced in accordance with the larvs of the
State of Florida, and Seller and Purchaser hereby agree to suhnit to personal
jurisdiction in the State of Florida in any action or proceeding arising out of
this ~reaTent. Seller and Purchaser agree that any such action or proceeding
shall be brought in any federal, state or local court, as the case rray be,
located in the COunty of Pinel las and State of Flor ida.
(I) All of the Exhibits and Schedules presentIV-M.-19 be_annexed
hereto are or shal I be incorporated herein by reference and foml part of this
15
kdreErrent and the Mdendun attached hereto.
(m) Use of the V\Ords "herein," "hereof," "hereunder" and any other
V\Ords of simi lar ill"port refer to this AgresTent as a Wlole and not to any
particular article, section or other paragraph of this ~reEJTent unless
speci f ically noted otherwise in this A;JreErrent.
( n I Th i s P{J r earen t sha I f no t be deaTed to con fer i n f avo r 0 f any
third parties any rights v..hatsoever as third-party beneficiaries, the parties
hereto intending by the provisions hereof to confer no such benefits or status.
(0) Wlenever this I\gresn:mt calls for or conturplates a period of
tirTE for the perforrmnce of any term, provision or condition of this .Agrecrrent,
a II of the days in sllch pe r i ad of t irre sha II be ca I cu I ated consecut i ve I y wi thout
rega rd to v\,hethe r any 0 f the days f a II i ng in such pe r i od of t ilTe sha I I be a
Saturday, Sunday or other non-business day; provided, hOAever, if the last day
of any such tirre period shall happen to fall on a Saturday, Sunday or other non-
bus i ness day, the I ast day sha II be ext ended to the Ilext succeed i ng bus j ness day
innudiately thereafter occurring.
(p) FrOll and after the Closing Date, each party, upon derrand and
at the party's 0J\.f1 cost, wi II execute and del iver any wr itten further assurances
that are necessary, convenient or desi rable to evidence, contBTplate, perfect or
in caTbination thereof, the transactions contmplated by this ,Agrearent so long
as no further assurance operates to irrpose any neN or additional I iabi I ity upon
any party. The parties shall perform all other acts that are necessary,
convenient or desi rable to any such purpose, so long as no neJV or addi tional
I iabi I ities are incurred. n,is Section shall survive the Closing.
( q) 11-E PMT I ES I-ERElD [J) rEREBY KNl'VI N3L Y, \O..LNT MIL Y,
INTENTICNl\LLY ,l1N) I~LY\fIAIVE IN{ RIG-fT IN{ PARTYrvAY Hl\VE m A JlR{ TRIAL
I N EVERY JLR I s) I CT I CN I N IN{ Per I CN, PRX:EED I N3 rn mNTEFCLA 1M BFrLG-fT BY E lll-ER
a= 1l-E P,hRT I ES I-ERElD teAl N3T l1-E Oll-ER rn ll-E I R RESPECT I \IE s..a:Ess:RS m PSS I G\8
IN RESPECT Cf fIN'( I\t1\TTER MISIN3 QJf a= rn IN CIN\ECTIO\/\NIll-llHIS PCREBVENT m
fJN{ CJll-tR [DJJvE\lT EXEC1JTED,tIN) CE L I VERB) BY E I11-ER PM1Y IN CIN\ECT I CN 11-EREVv1ll-l
(If\CLLDIN3, WlTHJJf LIMITATICN, ~ ICTICN TO RES:INJ m ~L THIS JXRE8V8'JT,
,L\f\D tNY CLA IrvD rn CEFB\6ES N:EERr I N3 1H'\T 1H I S ~EI3VENT \lIAS FM.1JJLB\lTL Y I f\t1.CED
rn OTl-EFVVI SE \0 lorn \0 I ~LE). 11-11 S V\A I VER I S A M\TER I AL II\D...C8\I&JT FCR EPCH
P.6RTY 10 MER I N1D TH IS PffiE8V8\JT.
(r) If any provision of this ft{Jre6T8nt shall be unenforceable or
inval id, the sale shall not affect the rernining provisions of this Agreerrent and
to th i s end the prov i s ions of th is AgreBTent are intended to be and sha II be
severable.
(s) This Sale-Purchase .AJJrea-rent is subject to the terrrs and
conditions set forth in an AJdendlm hereto and dated as of the date of this
AgreEfTBnt, V\h i ch Mdendun sha II preva i I in the event of any conf I i ct be1.v\€en any
provision set forth therein and any provision of this AgresTent. Ulless the
context clearly indicates otherwise, a reference to this .Af1rearent includes a
reference to the Addendunhereto and all of its temo and conditions.
16
;-.' .
(t) TYPeNr it ten or handNr i t ten prov is ions i nse r ted in th is ,!)greaTent
or in the Exhibits annexed hereto (and initialled by the parties) shall control
al I printed provisions in conti ict thereNith.
(u) Each party hereto acknOJVledges that all part ies hereto have
participated equally in the drafting of this Agre8Tent and that accordingly no
court construing this ~reeTent shal I construe it ITDre stringently against one
party than the other.
IN VVlTr\ESS w-ERECF, th is fi9reerrent has been du I y executed by the par ties
hereto as of the day and year first above written.
.
I f\.!IliFCFA TBJ
a::MtN I TV RB:BJE1..CfN8\JT f:GNY a=
11-E C IlY a= CLEAA^A TEA, Flffi I [:)l\
Countersigned:
SELLER:
CllY a= CLElR^ATER, FLrnI[}\
By:
Michael J. Wight
Ci ty I\.IEJnage r
Ri ta Ga rvey
l\.IEJyor-Cannissioner
ppproved as to form
and cor rectness:
Attest:
M. A. Ga Ib r a i t h, Jr.
Ci ty At to rney
r
cynth i a E. GJudeau
City Clerk
. R...RJ-I!\SER:
.^ttest: tJI +/}t'5S
a~llt.L eJ.- V/L
~lir:!~ .da.uddi
By:
Attest:
Ar thu r X. Deegan i II
O1a i rperson
By:
Jacqual jne DeGroy, Secretary
Peter G:nza
Executive Director
17
:r
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. .
. .
~." .:. .
OOIBIT "E"
Frnv1 a= tsS I CN/B\IT PN) AS9Jv'PT I CN
a= LEASES I T~ I ES ,6N) SE<1.R 11Y J:l:Fm ITS
The CITY OF CL~TER, FUJRIDA, a Florida rrunicipal corporation, having
an office at 112 South Osceola Avenue, Clearwater, Florida 34616 ("Assignor"),
in consideration of the sun of Ten Dollars ($10.00) and other good and valuable
considerat ion pa id by \^ALTER T. KR.M/I VENTlRES, INrRFU~JED and/or ATRILM AT
CLEAf\I\l\TER L 10., A FLCR I [)l\ L IMI TED PMTl\ER9-II P, hav i ng the i r p r i nc i pa I 0 f f ices
, .
at 985 Bethel Road, Co I lJli)us, OhIO, 43220
("Assignee") does hereby assign, transfer and set
over to Assignee, to the extent assignable, all of Assignor's right, title and
interest in and to all leases and tenancies affecting the real property located
in Pinellas County, Florida, rrDre particularly described on Exhibit "A" hereof,
including, without I imitation, the leases and tenancies set forth on Exhibit "B"
attached hereto and incorporated herein by reference (collectively, the
"Leases"), together with all security deposits and accrued interest thereon, if
any, held by Assignor with respect to such Leases, as described on Exhibit "C"
hereof (co II ect ive Iy, the "Secur i ty Depos its"), and al so together wi th a II rents,
i ncare and p ra fit s Wl i ch rray be care due and ONi ng unde r the Leases fo r the pe r i ad
on and after the date hereof.
Assignor represents andvvarrants to Assignee that Assignor has full legal
right, pOAer and author ity to execute and del iver this Adree-rent and to
cons~te the transactions contaTplated hereby.
Assignee, by its execution of this AJreermnt, does hereby assure all
ob I i gat ions and I i ab i lit i es of the I essor under each of the Leases ar is i ng on and
after the date hereof including, without I imitation, the obi igation, if any, to
refund to tenants the security Deposits and Assignee does hereby further assUle
a II tenant irrp rOVEJTl3nt costs, leas i ng ccmni ss ions and cash concess ions respect i ng
the Leases, both (i) arising prior to and on and after the date hereof, and (i i)
as othe rwi se set for th on Exh i bit "0" he reof, but on I y to the extent that such
tenant irrprove-rent costs, leasing connissions and cash concessions are set forth
in the tenant's lease and/or in an estoppel letter del ivered to Purchaser before
Closing.
E-1
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'.',' '"; '~',. 'j; .',' '... ';'. ,t{ .,~
By:
INVv1ll\ESSw-ERECF, Assignor and Assignee have duly executed and del ivered
this AssignTent this day of , 1993.
PSS I CN:R:
Countersigned:
Rita Garvey
l\IByo r -CalIni ss ione r
Wi tnesses:
Pri nt nare
Print nare
C I TV a= CLEMMTER, FI.ffi I D\
By:
Michael J. Wight
City Wanage r
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to form and correctness:
M. A. Ga I brai th, Jr. Ci ty Attorney
ASSICN:E:
ATRILM AT CLEAfW\TER, LTD.
BY: ATRILM AT CLEM^J.\TER, IN:.,
A G3\EPAL Ptffi1\ER
President
Attest:
Secretary
E-2
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Sf ATE a= FLCRID\ )
cn.NTY a= P I f\ELLAS )
BEFffiE I\IE personally appeared Ri ta Garvey, the fVl3yor-Ccnmi ss ioner of the above-
nared city, ~o acknONledged that she executed the foregoing instrUlent. She is
personal Iy kn~ to rre and did not take an oath.
VV1TI\ESS nv hand and of fie i a I sea I th is
1993.
day of
Print/Type NaTe:
t\btary Pub I ic
STATE a= FLrnJCll\ )
CD.NTY a= P II\ELlAS
BEFffiE rv'E pe rsona II y appeared Mi chae I J. Wight, the Ci ty IVl3nage r of the above-
nared city, who acknONledged that he executed the foregoing instrUlent. 'He is
persona Ily knoJ\.n to rre and did not take an oath.
VVl1l\ESSny hand and official seal this
1993.
day of
Pr i nt /Type Nare:
NJtary PubJ ic
'h"." :
E-3
" I
:j
. ;':,
STATE a=
CD..NlY a=
instrurent vvas acknONledged before Ire
1993, by
, President and Secretary
CLEMMTER, 1t\C., A <?B\EPAL PPRTI\ER a= ATRILM AT CLEMl'ATER,
corporation. He/she is personally known to ITS or
as identification and did not
The
foregoing
this
of the
LID.
day of
and
ATRILM AT
on beha I f 0 f
has produced
take an oath;
the
~tary Publ i c
~ Oanmission Expires:
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OOIBIT "F"
PSS I CNV8'JT ,oN) ASS.JvPT I CN a: L I Q3\SES t{\[) IT1\!TPtCTS
TIle CITY OF CL~TER, FUJRIDA, a Florida rrunicipal corporation, having
an office at 112 SJuth Osceola Avenue, Clearvvater, Florida 34616 ("Assignor"),
in consideration of the sun of Ten COllars ($10.00) and other good and valuable
consideration paid by ATRILMAT CLEM^ATER, LID., A FLrnIDA. LIMITS) PMTN:R3-lIP,
having an office at
( "P-ss i gnee II ) , does he r eby ass i gn,
transfer and set over to Assignee, to the extent assignable, all of Assignor's
right, title and interest in and to all I icenses, permits, certificates,
approva Is, autho r i zat ions and va r i ances (co II ect ive I y, the ilL i censes") issued for
or vvith respect to, the construction, developTent, rranagarent, rraintenance and
operations of al I or any portion of the real property located in Pinel las COunty,
Florida, rTOre particularly described on Exhibit "A" annexed hereto and rrade a
part hereof, together vvith all of Assignor's right, title and interest, to the
extent assignable, in and to the purchase orders, equipTEnt leases, advertising
agreeTents, franchise agrearents, license agreeTents, rrEnag8Tent agre8Tents and
service contracts, if any, as are described on Exhibit "8" annexed hereto and
rrade a pa r t he r eof (co II ect i ve I y, the "Cont r act s" ) .
Assignor represents and ~rrants to assignee that Assignor has ful I legal
pOAer and authority to execute and del iver this Agre6TEnt and to cons~te the
transactions contarplated hereby.
Assignee, by its execution of this IVJrearent, does hereby assUTe all
obi igations or I iabi I ities of Assignor arising on and after the date hereof under
each of the Licenses and Contracts.
F.1
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....
I N\1VITT\ESSw-ERB:F, Assignor and Assignee have duly executed and del ivered
this AssignTent this day of I 1993.
PSSI Gffi:
Countersigned:
C 11Y a= CLEAPMTER, Flffi I [)A.
By:
Ri ta Ga rvey
Nbyor-COnmissio~er
Michael J. Wight
City IVBnage r
Attest:
WI tnesses :
, :.."
Cynthia E. GOudeau, City Clerk
Approved as to form and correctness:
Pr i nt nare
M. A. Ga I bra i th, Jr. Ci ty Attorney
Pr i nt ncrre
r
. AS.SIG\EE:
ATRILM AT ClEAfVATER, LID.
BY: ATRILM AT CLEMf\ATER, IN:.,
A CXJ\ERAl.. PIffiT\ER
By:
President
Attest:
Secretary
F-2
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. '. :l.,'. ;..;,
STATE Cf FLffiI(:Y\
alNTY Cf PI f\ELIAS
BEFffiE rvE pe rsona II y appeared Ri ta Garvey, the lVByor -Ca11llli ss i one r 0 f the above-
nared city, WlO acknOJ\lledged that she executed the foregoing instrurent. Sle is
personal Iy kn~ to rre and did not take an oath.
V\Il1T\ESS r11{ hand and of f i cia I sea I th i s
1993.
day of
Pr i nt /Type NaTe:
f\.bta ry Pub lie
STATE a= Fl.ffil~ )
alNTY a= PI f\ELlAS
BEFCRE rvE persona Ily appeared Mi chael J. VVr ight, the Ci ty NBnager of the above-
nared city, V\.ho acknONledged that he executed the foregoing instrurent. He is
personally knONn to rre and did not take an oath.
vvrThESS 111{ hand and of f i cia I sea I th is
1993. '
day of
Pr i nt IType Nare:
f\bta ry Pub lie
. ,.
.~ '1 -
STATE a=
CXl..NTY a:
The
instrurent
vvas acknOJ\fledged before rre this day of
1993, by and
, Pres ident and Secretary of ATRIWAT CLEAfW\TER,
ATRILM AT CLEM\l\TER, LID. on beha I f of the
personally knOJ\f) to lYe or has produced
identification and did not take an oath.
foregoing
11\C., A ffi\EML
corporation.
PftR1l\ER
He / she
a=
is
as
I\bta ry Pub I i c
NV Qanmission Expires:
,
. ,:i
OOIBIT "G"
BlA'J<ET CXNJEY.tN:E, BILL
a= SALE .DNJ ASS I CNv'lNf
t<NW ALL I'V8'J BY ll-ESE PRESENTS:
ll-iA.T the CI1Y a= CLENVATER, FLrn I/:)t\, a F I or ida riUn i c i pa I corporat ion
("Grantor"), having an off ice at 112 South Osceola Avenue, Clearvvater, Flor ida,
for and in considerat ion of the SUll of Ten Cbllars ($10.00) cash and other good
and valuable consideration in hand paid by ATRILMAT CLEARt\l\TER, LTD., A FLffilCA
L IMI TBJ P,AffiT\ER3-{ I P, hav i ng an 0 f f ice at
("Grantee" ), the rece i pt and suf f i c i ency of
vJ1ich are hereby acknONledged and confessed, has GW\IfBJ, s:x.D, ASSIG\ID,
"fRtlNSFEffiffi, aNVEY8) and C€LIVEfH) and does by these presents GW\1T, SELL,
ASSIG'J, 1"RDl\SFER, CXNJEY and CELIVER unto Grantee, all of Grantor's right, tit Ie
and interest, to the extent assignable, and without any representation or
warranty V\hatsoever as to such assignabi I ity, all of the other Conveyed ,A.ssets
(as hereinafter defined), if any, located on, affixed to, and used in connection
with the real property located in Pinellas County, Florida, andrmre particular Iy
described on Exhibit "A" attached hereto and incorporated herein by this
reference or the irrprovEJTents located thereon (al I such real property and the
irrprovarents located thereon, are collectively called the "Property"):
1. If any, all rrschinery, furniture, furnishings, equipTent, fittings,
fixtures, elect ron j c bus i ness rrach ines, ccrrpute rs, data process i ng rrach i ne ry, and
al I other office and other equiPTBnt and al lather articles of personal property
or every kind and nature ~atsoever affixed to, or attached to, or placed upon
and used in any way in connect ion wi th the use, enjoyrrent, occupancy or operat ion
of the Prope rty, i nc Iud i ng, but wi thout I imi t i ng the gener a I i ty of the fa rego i ng,
if any, al I heating, I ighting, incinerating, landscaping, loading, unloading,
garage and pOAer equiprent and suppl ies, engines, pipes, PUTps,' tanks, rrotors,
conduits, 9Nitchboards, plUTbing, lifting cleaning, fire prevention, fire
extinguishing, sprinkler systars, refrigerating, venti lating, and ccmrrunications
apparatus, air cool ing and air conditioning apparatus, elevators, escalators,
storm doors and windONS, partitions, ducts and ccrrpressors, shades, bl inds,
curtains, draperies, aNnings and screen, rugs,
G-1
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carpets and other floor coverings, hal I and lobby equiprent,
vehicles, paintings, pictures, tapestries, vvall hangings, decoration, pottery and
all other \I\.Orks of art, all vaCULm cleaning systElTE, all substitutions,
attachTents, corponents, parts, equiplEnt and accessories relat ing to al I of the
foregoing; provided, ho.!\ever, the foregoing shall not inc lude any personal
property ()J\.(1ed by or leased by third parties to any tenant occupying the
Property, to the extent that the SaTe does not becare the property of Grantor
under the lease wi th any such tenant or under appl icable I aN (the "Personal
Propertyll) and, provided, further, that the enLn13 rat ion of specific categories
or iteTS of personal property in this Section 1 for purposes of defining the term
"Personal Propertyll shall in no 'Nay or mmner be canst rued as a representat ion
or war ranty, express or irrp I i ed, that any of such categor i es or i tars of persona I
property are in fact affixed or attached to or have been placed upon and used in
any way in connect i on wi th the use, enjo'yITBnt, occupancy or operat i on of the
Property or that Grantor shall have any assignable interest therein.
2. All ncrres, logos, t r adETm rks, copyr i ghts and des i gns used 0 r created
in connection with the ONlership or operation of the Property, if any,
including, without I imitation, the naTe "The Atriun at Clearvvater &:tuare",
together with the goodtvi II appurtenant to each of such nares, logos and designs
(the "Trade Nares");
3. All vvarranties and guaranties relating to the Property or any portion
thereof or the Personal Property or any portion thereof, if any (the
'\J\arrant ies");
4. All right, title and interest of Grantor, if any, as lessee under any
equipTent leases relating to equipient or property located upon the Property and
used in connect ion thereNi th (the "EquipTEmt Leases");
5. All rmter ials and brochures, ledger cards, rreintenance and operation
records, keys and telephone exchange numers (the "Property Assets") ;
6. All plans and spec if i cat ions fo r the const ruct i on of the irrprovarents
located on the Property including, wi thout I imi tat ion, all fixtures and equipTent
necessary for operation and occupancy of such irrprovEJrents including such
aTBndTents thereto, if any (the "Plans"); .
G-2
7. All oil, gas and mineral rights of Seller, if any, in and to the
Property (the 'Mineral Rights");
8. I f any, all cmpensat ion, aJVards, darages, rights or causes of act ion
and proceeds arising franany taking by any laNful pCM€r or authority by exercise
of the right of condamation or aninent damin with respect to any of the
Property (the "Condamat ion Proceeds");
9. AI I prepaid ~ter and s~r charges, capacity and capacity
reservat i on fees, ut i I i ty depos its, hook~ up or connect ion fees, irrpact fees 0 r
use charges, and all other goverrrrental charges, fees, deposits and credits
respecting the Property for the period on and after the date hereof
(collectively, the "G::Nerm-ental Credits");
10. llle rights of Seller under the Develop-rent Agresrent dated as of July
14, 1983, and recorded in Official Records Book 5868, Page 1530, of the publ ic
records of Pine II as County, F lor i da (the "[)eve I op-rent ~ resrent"); and
11. To the extent not otherwise included, all "proceeds" of the foregoing
as defined in the LCX:V\hich, in any event, shall include, but not be I imited to,
(i) any and al I proceeds of insurance, indarnity, V\arranty or guaranty payable
to Grantor f ran t irre to t irre wi th respect to any of the Property, (i i) any and
all pa'lffints in any fonnv\hatsoever rmde or due and payable to Grantor frOTI t irre
to tirre in connectionwith any requisition, confiscation, condarnation, seizure
or forfeiture of all or any part of the Property by any governrental body,
authority, bureau or agency or any other person (~ether or not acting under
co lor of gave rrrrent a I author i ty) and (i i i) any and a II other atDunts f ran t irre
to t irre pa id or payabl e under or in connect ion wi th the Property or any of the
other property or interests hereby conveyed, sold or assigned by Grantor to
Grantee (the "Proceeds").
10 Ht\VE ~ 10 H:l.D the Persona I Property, Trade Nares, V\8r rant i es,
Equiprent Leases, Property Assets, Plans, Mineral Rights, Condamation Proceeds,
G:>verrrrental Credits and Develop-rent Agresrent (all of the foregoing being
hereinafter scrretirres collectively referred to as the "Conveyed Assets") unto
Grantee and Grantee's successors, legal representatives and assigns, forever.
This conveyance is subject to the encurbrances set forth on Exhibit "B"
attached hereto and incorporated herein by reference.
Grantor (for itself and on behalf of Grantor's legal representatives,
successors and assigns) hereby ~rrants, represents, covenants and agrees with
Grantee that Grantor has fu II right, pOAer and author i ty to rrake thi s BI anket
Conveyance, Bi II of
G-3
Sa I e and Ass i grTrent, and to consUlnrate the transact ions conterrp I ated hereby,
subject to the terrrG and conditions hereof.
All of the covenants, terITS and condi t ions set forth herein shall be
binding upon and inure to the benefit of the parties hereto, their respective
successors, personal and legal representative, hei rs, devisee and assigns.
TIlis Blanket Conveyance, Bi II of Sale and Assignrent rmy be executed in any
nUluer of counterparts, each of V\hich shall be deEITed an or iginal but all of
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner
of the above-named city, who acknowledged that she executed the
foregoing instrument. She is personally known to me and did not
take an oath.
WITNESS my hand and official seal this
, 1993.
da y 0 f '
Print/Type Name:
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Michael J. Wright, the City Manager
of the above-named city, who acknowledged that he executed the
foregoing instrument. He is personally known to me and did not
take an oath.
WITNESS my hand and official seal this
, 1993.
day of
Print/Type Name:
Notary Public
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
G-S
exercised and Buyer cOTpletes the acquisition. The option consideration shal I
be nonrefundable and rrey be used by the Seller ,.s Seller sees fit. 1he tem of
the option wi II be t\^..O years frOll the date of closing on the &In Bank/Atr iun
building. 111e purchase price of the parking garage wi I I be the current appraised
value to be determined prior to closing, but not rrore than 6 rmnths pr ior to
Buver's written notice to SeUill-9l Buyer's intent_19 exercise-1he option
e-l-eS+fl~, with the appraisal to be obtained by Buyer frOll the City's I ist of
approved appraisers attached hereto as Exhibit A. Closing shal I be obtained
within 90 days follOJVing Buver's written notice-19 Seller-1lf Buyer's intent-Lo
exercise -t-Ae-e*€f-€-i-se-ef the option. nle terrrs of the purchase shall be as
fa II (}J\,S: The $50, CX::X:>.OO c red i t sha II cons t i tu tepa r t 0 f the dCMf1 payrrent at t irre
of closing with 20 percent of the total purchase price being due at closing as
the dONl payrent (including the $50,CXX)), with the balance to be paid-Ln S811i-
annual installrrents A=Bf=Hft+y in accordance with a 20-year errort ization schedule,
with the first payn-ent due on the first day of the seventhrronth follONing the
rmnth in Wlich closing occurs but with the principle balance due and payable on
the fifth anniversary of the date of closing-f+F-S-t-seAeelli-OO-f3~a-t-e, at an
annua I inte rest rate equa I to -(tf "pr-fffe~-t-fl~m:H-atc ns J3\:t6+t-sAed
-f-n-tAe-\A.a-H-Gt-r-ee-t-del:tfAa+-eA--ti1e-eQtc tAe-el*+en is cxe-r-e-i-scd, 01 the app I i cab I e
federal rate for mid-termdebt as determinedJ2y the Internal Revenue Serviee.lQ.r
the rTOnth in V\h i eh c I os i ng occurs, \l\h i ch rate sha II be fixed for the te nn of-1.b.e
indebtedness, if hiiJAcr than thc prirrc rQte, per aAA\:.fR; secured by a first
rror tgage on the prope rty. In the-evcnt Ll r n~c of p r in-c r Qte~ is ptffi-H-'3Aee-+n
i:fle-\A.l:rH--&t-fcct Jel:tffia~,-t-Ae-ffit-8point of ~ueh rLlAfle-5ALlII be uscd. Thc intcrcst
ra-t-e-aAEi-t3ayreA{--i:fffH:JfTt-s}:m-H-ae-aEl-j-Hs t cd QAAt:ia+l-y-as-e.f-e.aeft-aAA-+VC r sa ry 0 f the
Elntc of cxercH3c of the-e~A,-8ascd upon incrcQsc~ or dccrcases in thc priffe
rLlto. Buyer is entitled to an option for leasing 48 parking spaces on the first
t:V\O floors of the garage at an annual rental rate equal to 75 percent of the
annual rate (12 t irres the rronthly rental) to be charged for reserved parking
spaces in Buyer's portion of the garage, for the balance of the 15-year term,
said rental rates to be carputed as set forth in the lVhintenance and ~eration
~rearent for the Park Street Garage entered into bet\^.eenNl3ck Clearwater Limi ted
Partnership and the City on January 8, 1990.
3. RXICE STATICN. The Buyer wi I I have aright of first refusal, as
distinguished frQ1l an option, on the pol ice station, giving to Buyer the right
to rratch the highest ccrrpetitive bid -ID-.ill above the appraised value of the
property.4 If the City receives a bid \!\hich the Buyer is urlNilling to rratch,
this right shall expire upon the closing of the other bidder's offer. The right
of first refusal wi II have an indef ini te term ccmrencing f ran the date of c los ing
on the Sun Bank/Atr iUll bui Iding but expi ring upon the sale of the Sun Bank/Atr iUl1
building by the Buyer~ its assignee. If the City abandons the use of the
pol ice station as a police station or other publ ic use, then Buyer rray request
the City to advertise the pol ice station for sale (as lIsurplus"), with any such
purchase offer to be equal to or greater than the fai r IIBrket value of the pol ice
station property according to an appraisal ..19~ obtained~ Buver fran the
4Secause the pol ice stat ion is Ci ty property and not CRt\ property, the sal e
of the pol ice stat ion is subject to the Ci ty Glarter requi rernnts to declare the
property surplus and to sell to the party sulmitting the highest ccrrpetitive bid
at or above the appraised value. See Section 2.01(d)(4), City Olarter. A right
of first refusal wi II permit Buyer to !TEtch the high bid, or \^Jaive that right,
at his election:
36
6. TMS. With respect to the lease of parking spaces within the
parking garage, the Buyer shall pay any sales taxes on the parking space rentals,
if any.s
7. APPRAISALS. In appraising the value of the garage for the purpose of
determining the purchase price, the value of the "footprint" under the garage
shal' be valued as irrproved and in use as a parking garage, including the value
of the irrproveTents, reduced by the proportion that the nUTber of parking spaces
then ~ed by Buyer (the spaces on the third and fourth floors and the spaces on
the raTp leading fran the second floor to the third floor) bears to the total
City's I ist of approved appraisers attached hereto as Exhibit~~crfonred
by one of tAc ~pprQi~cr~ on thc I i~t of ~provcd ApprQise+s.
4. SPPCES Ntl..N) ~ . The I and occup i ed by the ground - I eve I pa r king
spaces on the east and south sides of the garage is part of the real property on
Wlich the garage is located and is subject to and part of the Buyer's option to
purchase the garage. The nUTber of parking spaces shall be determined by
reference to the survey of the property.
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(1) If the option to purchase the garage is not exercised, the property
wi II rEfrain ~ property and the Ci ty wi II cant inue to have the right to use the
spaces for parking for City purposes without charge.
(2) I f the opt ion to purchase the garage is exercised, and if the pol ice
station has not been relocated as of the closing on the purchase of the garage:
TIle Seller shall retain an easa-rent to permit access to,
rraintenance, and use of the spaces for parking tor City purposes
without rent for a term of 2 years after closing on the garage or
until such tirre as the police department is relocated, ~ichever
occurs ear I ier. (The Seller does not represent that the pol ice
departrrent wi II be relocated.) This serre easa-rent shall provide for
access to these spaces over the pol ice station property, \t\hich
easerent shall benefit Buyer and its invitees after the 2-year term
Of ~enever use of these spaces is granted to Buyer. Thus, there
shal I be an easarent created as a recorded encUTbrance on the pol ice
station property.
(3) If the option to purchase the garage is exercised, and if the pol ice
stat ion has been relocated at such tirre, the spaces shall be imrediately
avai lable to Buyer for Buyer's uses (with the eaSaTent over the pol ice station
property) .
5. SPICES SJJ1l-t a= AlRlLM BJILDIN3. The six parking spaces, rrore or
less, inured i ate I y south of the At r i un Bu i I ding, wi II be "recont i gured" to permi t
landscaping, provided that the access to the East~st al le~y is preserved and
rraintained in its present location or in a substitute location if adjoining
property ~ers consent.
STIle state sales tax on the lease or rental ot real property or on the lease
or rental of parking spaces in garages rray apply; see Sections 212.03(6) or
212.031, F.S.
37
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its arclJ.i t,ecL and-1he Ci tv. I f~ reta II ' estab Ii sment3 e~:!t--2! the aN
(3Al\J(/ATRILM BJILDfN3 along Cleveland Street with C2ccess-IQ the alley aar~e 19
relocate or abando,.rren~_Q.L.~_LL..Q!.iJ port iQn _oj~ a II ~Jll oarki ng area.~n
the Ci tv wi U ~aree to supoort such lies i re for reconf igurat ion of_the a' ley l2nd
adjoining areas.
10) ExhiQi ts, The--1.Q.rrruU--.tbf! Cbtion~ Purchas~ and Right of Fi rst
~ fusa I havp. been ~po r oved.J2y SUve r and Sa I I e r and ~ rea t t ached...lP th i s AX.ierdun
as Exh; bit s I and-Ll.:.
aDunters i gned:
SELLER;
C I TV a= Q.E.APAf.\TER, FL01 J D\
Ri ta Garvey
fYByor-Onmiss ioner
Approved as to form
and cor rectness:
By:
Michael J. Wight
CI T.y IVl3nage r
Attest;
M. A. Galbraith, Jr.
Ci ty Attorney
(Nnthia E. ~deau
Ci ty Clerk '
r
'r,
~:
VVlll\ES9:S:
aJM..NllY RECelCLCRv'ENf /ffi\D{ a=
TI-E C' TY a: a..EPPMTER, Flffil D\ ,
By:
Ar thu r X. Deegan, I)
O1a j rpe rson
By:
Peter GJzza
Executive Di rector
JacCi1:1Cl I yn D3Groy, See reta ry
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Oct, 18 '93 16:14
_ eoee R1CHARDS,GllKEY P,A.
TEL 813-446-3741
Q~ION TO ~~~B~
This Agreement made this _ day ot: 19_, by ll.nd between
COHKUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER PI.oRIDA,
("CRA"), whose address is
and WAUrER T. KRUMM VElrruRES INCORPORATED and/or ATRIUM AT
CLEARWATER LIKITBD, a Flori13a l.bllited partnership, ("Buyer"), whose
address is 9585 Bethel Road, columbus, uhio, 43220.
WIT N E SSE T H:
WHEREAS, eRA ia the owner of toe real property de$cribed in
Exhibit "1\."; and
WHEREAS, Buyer has acquired or will ll.cqu1re the propez:oty
described in Exhibit "D"l and
WHEREAS, Buyer wishes to 69curo an option to purchase tho
property described in Exhibit HAil on the terms and condit.ions
hereinafter set forth,
NOW, THEREFORE, in consideration or the pro~ises, covenants,
and conditions hereinafter set forth the parties agree ll.S follows:
1. The recitals contained herein are true and correct ll.nd
made a part hereo~.
2. Sim\11 taneously herewith Buyer ohall pay to eRA the sum of
$50,000.00 as consideration tor this option.
This aum shall be.
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non-refundable and in the event Buyer exercises this option and
closes this transaction 1n accordance with this Aqreement the
option money paid pursuant hereto shall be credited against the
purchase price hereinafter set forth.
3. This option shall expire on November 30, 1995, at 12:00
P.M.
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4. In the event Buyer intends to exercise this option, Buyer
shall sarve written notice on CRA by certiticd mail return receipt
requestod w 1 thin the time oet forth in paragraph 3 hereot. l~i thin
90 days of the e~ercise of thin option but in no event later than
February 28, 1996, Buyer shall close on the property describ~d in
ExhibIt "All in accordance with the terms hereof.
5. The total purchase price for the property described 1n
Exhibit n1\" will be the current appraised value of the property
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(Fonll of Exhibit bas bee" approl'ed by Buyer)
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Oct. 18 '93 16115
eeeo RIC~1RDS.G[LKEY P.R.
TEL 813-446-3741
determined by an appraher from the list attached as Exhibit "C".
The appraisal ohall be dated and be effective no 1l\ore than 6 months
prior to the closing.
6. The appraiser appraising the prop~rty describ~d in
Exhibit "A" shall use tho tollowing tormula in determining the
value: the land under the footprint where the garage is located and
the improvements thereon ahall be valued by the appraiser. The
Purchaae Price ehall be determined by prorating the appraised value
ot the land and improvement on the footprint based on the total
number ot liIpaces being acquired by Buyer compared to tho total
number of GpaCeB in the garage. Tho parties acknowledge that the
total number at parking spa.cos in the garage is 407.
Buyer
presently owns or will own at closing of the property described in
Exhibit "B" 211 spaces within the garage. Buyer shall pay 48.16t
ot the appraised value ot the garage and land under the garage to
the City as the purchase price for the parking flpaces owned by CRA
within the garage and land located on or under the footprint ot the
garage on the property described in Exhibit "A" to be acquired by
Buyer.
The value of that portion of the property east Rnd south ot
the garage and improved by parking spaces ttnd driveways or portions
thereof to the eastern Dnd southern boundaries ot the property
described in Exhibit "All shall be determined separately and added
to the value of the parking garage hereinbefore set forth to
determine the total purchase price under this option.
7. If the Buyer exercises this option and acquires the
property described in Exhibit "All and the City of Clearwater haa
not relocated its pOlice station located at 644 Pearce street,
Clearwater, from its present loc~tion, then and in that event,
Buyer shall upon the Closing of the property described in Exhibit
"All grant to the City of Clearwater an unencumbered easement for
accesG, maintenance and une of those parking spaces described in
Exhibit "0". Said eaaemcnt shall hB tor u term of 'fwo (2) year.s
from the clo/31ng. of the purchase of the property deGcribed in
Exhibit llA" or until the city of Clearwater relocaten its police
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Oct. 18 '93 16:16
eeee RICHARDS,GILKEY P.A.
TEL 813-446-3741
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Btation tro~ its present location at 644 Pearce street, whichever
shall first occur.
a. In the event Buyer exercises this option CRA shall convey
title to Buyer by special Warranty Deed, tree and clear ot all
liens and encumbrances except easements and restrictions of record
and taxes for the year of closing.
eRA shall furnish title insurance insuring title in the amount
of the purchase price. The cost of the title insurance, appraisal
tees, recording the deod and documentary stamps on the deed,
intangible tax, documentary stamps and recording of the note and
mortgage shall be paid by the Buyer.
9. In the event Buyer exerciscs this option, Buyer shall pay
20\ of the purchase price ~t clos1ng. Buyer shall be given credit
for the $50,000 option monoy paid pursuant hereto aqainat the 20\
due at closing. The balance of tho purchase price shall be paid in
the form of a first purchase money note and mortgage to ba executed
by the Buyer which clasen on the garage and the property described
in Exhibit "13".
The note shall be amortized over 20 years and
shall balloon in 5 years.
Interust shall accrue at the federal
ra te charqed for mid-term debt as determined by the Internal
Revenue Service for the month the c100in9 occurs. Payments shall
be paid semi-annually comlUoncing with the 7th month following
Closing.
Provided the Buyer of the garage is the owner of the
property described in Exhibit liB" then the Note shall ba non-
recourse.
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The form of the note and mortgage shall contain those tQrms
and proviaions generally found 1n commercial real estate notea and
mortgages utilized by commercial lending institutions in Pinellas
County, Florida.
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10. In the event Buyer docs not exercise this option within
the time period set forth in Paragraph 3 hereof or 1n the event
Buycr exercises this option 6nd fails to close on the terms and
conditiona heroof all Buyers's rights hereunder shall cease and
terminatQ and shall be of no further force and effect.
11. All payments hereunder except the note and mortgage
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Oct. 18 '93 16:16
0a00 RICHARDS.GILKEY P.~.
TEL 813-446-3741
payments shall be in cash, wire transfer or certified eunds.
12, The 'property described in Exhibit "A" "hall be purchased
in an "as is" condition. Buyer acknowledges that it has not relied
on any representation, axpress or implied from eRA in connection
with the property or the improvements thereonl provided howover,
eRA does represent that it has the power and authority to enter
into this Agreement and consummate the transQction conto~plated
hereby.
13. Upon the closing in the event Buyer exercisQs thig
option, real estate taxes and assessments shall bo prorated as of
the date of closing.
14. All noticeB shall be given by certified lI\ail return
receipt requested directed to the parties at tho addreseos sot
forth below:
As to CRA:
P.O. Box 4748
Clearwater, Florida,3461S-4748
As to Buyer:
Attention: Walter J. Mackay, Jr., Esq.
1601 Forum Place, suite 805
West Palm Beaoh, Florida 33~0~
and
, 19_.
921 Chatham L~ne, Suite 110
Columbus, Ohio 43221
15. This' Agreement is not ass ignablo by the Buyer any
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attempted Assignment without the prior written consent of the CRA
ahall be null and void; provided however, Buyer shall h~va the
right to assign this Agreement to entity wherein Buyer or Walter T.
~rumm is a principal provided such entity may not claim tax-exempt
status for the property being acquired.
16. This Agreement is binding on the parties, their
successors and assigns.
In witness whereof the parties have executQdthis Option
Agreement this ____ day of
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COMMUNITY REDEVELOPMENT hGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
BY:
Arthur X. Deegan, IL
Chairper~on
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Oct. 18'93 16:17
BBBB RICHARDS,GILKEY P.A.
TEL 813-446-3741
B~r
Peter GOZiZIl
Executive Director
Di':
Jacquelyn DeGroy
Secretary
ATRIUM AT CLEARWATER, LTD.,
BY: Atrium at Claarwater, Inc. ,
General Partner
BY:
NAME:
President
WALTER KRUMM
INCORPORATED
VENTURES
BYI
NAME I
'rITLE :
STATE OF
COUNTY OF
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I HEREBY CERTIFY that on this day personally appe~red before
me, an officer duly authorized to take acknowledgements, ARTHUR X.
DEEGAN, II, PETER GOZZA and JACQUELYN DEGRO'l, as Chairperson,
Executive Director and secretary, respectively, of Community
Redevelopment Agency of the city of Clearwater, Florida, who are
personally known to me or who have produced
as identification, and they ~re the persons described in and who
executed the foregoing Option to Purchase and they acknowledged
thon and there before me that he executed the same as such office
on behalf of said community Redevelopment Agency of the City of
Clearwater tor the purposcs therein expressed; nnd that the said
option to Purchase is the act and deed of said Community
Redevelopment Agency of thc City of Clearwater.
WITNESS my hand and official seal this ____ dny of
, 1993,
I'
Name:
Notary PUblic
Commission No.
My Commission Expires:
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S'l',ATE OF.
COUNTY OF'
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements,
, as general partner of Atrium at
Clearwater, Ltd., who is personally known to me or whohae produced
au identif ication, and he is the
person described in and who executed the foregoing Option to
Purchase, and he acknowledged then nnd there before me that he
executed the same tiS auch general partner on behalf of said
partnership for the purposes therein express; and that said Option
to purchase ia the nct and deed of said partnership.
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Oct. 18 '93 16: 18
oeoa RICHARDS,GILKEY P.A.
TEL 813-446~3?41
P. 7.
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WITNESS my hand and otticial seal thio ____ day of
, 1993.
Nanu~ :
Notary pUblic
COllUllbalon No.
My commisoion Expires:
STATE OF
COUNTY 01"
I UEREBY CERTIFY that on this day personally appeared betore
me, an o!ficer duly authorized to take acknowledgements,
as
of WALTER KRUMM VENTURES INCORPORATED, a Florida corporation, who
is personally known to me or who has produced
_ as identirJcation, and he is the perGon described in and who
executed the toreqoing Option to Purchase and he acknowledged then
and there betore me that he executed the same as such office on
bahal! of said corporation tor the purposes therein expressedi and
that the said Option to PurchasQ is the act and deed ot said
corporation.
WITNESS my hand and ofticial seal this ____ doy of
, 1993.
Name:
Notary Public
CommisGion No.
My Commission Expires:
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\clear\ntrium\opt.pur
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Oct. 18 '93 16:18
~ RICHARDS.GILKEY P.R.
TEL 813-446-3?41
lU,g1rt OJ:' F~RST REFUShl'J
This A9reement ~ade this
day of
,19_,
by and between CITY OF CLEARWATER, FLORIDA, (hereinafter reterred
to as "city"), whose addraas is
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and WALTER KRUMM VENTURRB INCORPORATED and/or ATRIUM AT CLEARWATER,
IJI'D., a Florida limited partnership, (hereinafter referred to as
"Buyer"), 1"lhOf;e addross is 9585 Bethel Road, Columbus, Ohio, 43220.
WHEREAS, city is the owner of that certain property described
in Exhibit "A", and
WHEREAS, Buyer has or will have purchased the property
de~cribed in Exhibit "D" and city has agroed to grant Buyer a right
of first refusal to purchase the property dQscrlbed in EKhibit "A"
on the terms and conditions hereof7 and
WHEREAS, the parties wish to formalin their agreement as
hereinafter eet forth.
NOW, THEREFORE, in consideration ot $10.00 and other good and
valuable considoration the parties agree as rollows:
1. The recitaln contained herein are true and correct and
made a part hereof.
2. City hereby grants to Buyer the right to purchase the
property described in Exhibit "A" on the same terms and conditions
that city is willing to accept trom l.\ bona fide third party
purchaser.
3. Duyor understands and agrees that the Property described
in ~:){hibit "A" is subject to city I a Charter requirements that
mandate that it be declared surplus and must be sold to the party
SUbmitting the highest competitive bid at or above the appraised
value aD determined by an appraisal from on~ of the appraiser
listed on Exhibit "C".
4. In the event the property described in Exhjbit "A" has
been declared surplus and City haG advertized said property for
sale and has roceived a competitive third party bid at or above the
appraised value of the propertx, City Rhnll furnish Buyer with a
copy of said bid and offer and Buyer ohall have 10 days attar
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(Foml of Exhibit has beell approved by Buyer)
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Oct. 18 '93 16:19
131.31.30 RICHliROS.GILKEY P. A.
TEL 813-446-3741
receipt of said offer to elect to match or exceed said bid and
otfer and e)(erci.88 this right of first refusal. In the event Buyer
so exercises this right of first refU9al it shall 8erve written
notice on city and shall proceod on the Bame terros and oonditions
as tho third party bidder to olose the purchase of the property
~lthin 90 days of th~ notice. In the event Buyer fails to close
after Buyer has~notified city of its election to proceed under this
right of first refusal, then this right shall terminate. In the
event Buyer tails to exercise this option and city oloses with the
third party bidder this right of first refusal shall terminate.
S. At auch time as City ceases to une the property described
in Exhibit "A" a9 a polioe station or for any other public purpose
Buyer shall hava the right to request that the City declare said
property surplus and that it be di~pos8d of in accordance with the
terms ot the city Charter in accordance with the price established
by an appraiser from the list attached as Exhibit "C".
6. Notwi.thGtanding anything contained herein to the
oontrary, Duyers rights hereunder shall cease and terminate upon
Buyer's sale of the property described in ExhibIt "B" or upon the
sale, tranBf~r or conveyance of the general partner's interest in
the Buyer, to an entity which is other than Walter T. Krumm
Ventures Incorporated, or its related entity, whichever shall firat
occur.
7. In the event it becomes necessary to enforce this
Agreement by legal proceoding the prevailing party in any ouch
proceeding shall be entitled to recover all costs and expenses
including a reasonable attorney's fee.
a.
Duyer shall have no right to assign its rights hereunder
without the prior written consen~ of city except to the general
partner of Duyer or except to an entity wherein Buyer or Walter T.
Krumm is a principal which entity ahall not be an entity which may
claim tax-exempt status for the property described 1n Exhibit "A".
9.
The Duyer shall be obligated for all coats and expenses,
inoluding the cost of any appraisals required by thla Agreement,
dooumentary stamps, title insurance and recording costs.
2
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Oct. 18 '93 16:20
eeee RICHARDS,GILKEY P.A.
TEL 813-446-3741
10. city represents and warrants that it has full power and
authority to enter into this Aqre8~8nt and consummate any
transaction arising heretrom.
11. The property described in Exhibit "A" is subjQct to those
easeJ1\ent rights to be granted to Buyer and retained by City
pursuant to that certain Addendum to Sale and Purchase Agreement by
and between City and Buyer dated,
, 1993, a copy
of Which 10 on file with the city Attorney tor the city.
12. This Agreement ia binding on and shall insure to the
bene tit ot the parties hereto, their GUCCe8SorG and Assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
thia __ day or
, 19 .
countersigned I
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissionor
BY:
Michael J. wright
City Manager
Approved as to form and
Correctness:
Attest:
M.A. Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
ATRIUM A~ CLEARWATER, LTD., a
Florida limited partnership
BY: ATRIUM AT CLEARWATER, INC.,
General Partner
BV:
prosidant
Attestl
SecretAry
WALTER KRUMM
INCORPORATED
VENTURES '
BY:
NAME:
TI'fLE :
STATE OF
COUNTY OF
I IIEREDY CERTIFY th~t on thiR day pereonally appeared bo1:ore
me, an officer duly authorized to take acknowledgements, MICHAEL J.
WRIGHT, RITA GARVEY and CYNTHIA E. GOUDEAU, as City Manager, Mayor-
Commissioner and City Clerk, respectively of City of Clearwater, A
municipAl corporation organized under the laws of Florida, who are
I
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Oct. 18 '93 16:21
0000 RICHARDS,GILKEY P.R.
TEL 813-446-3741
?er~onal1y known to ~8 or who have produced
AS i~entiflcation, and they Ara tha per.ona dftMCribftd jn and wao
l!1xacutud the fcn;egoinq Riqht of P'lrut Rtlfu~al and tl\ey ac)mo\lledge.d
~h8n and there beforl!1 me that thuy iXicutid the game _s such ot'ice
on bahalr of sa.id City ot clearwater for tha purposes therein
expressed1 nnd thAt the SAid Ri9ht ot Firat Refusal is the aot and
deed of said city of clearwater.
WITNESS :my hand and. otfici~l 14"61 \:.1\111 _ duy of
, 1993.
Name:
Notary Public
COlUl\lsBion No.
My commission Expiresl
STAT~ 011'
COUNT~ OF
I HEREBY CERTIFY that on this day personally appeared herore
ma, an officer duly authorized to take acknowledge~8nta, __
, ~R prosident of Atrium at Clenrwatftr, Inc.,
'i"iGeneral Partner of Atrium at C1Qtlrw6t~r, Lt:d., u Florhla l1roitou
p~rtnordhip, who is pBrsonally known to mM or who has produced __
as identifioation, and he is the peraon
dftscribed in and who executed the for8qoin~ Right of Firut Rafusal
and he acknowledged then and there before me that he exeouted the
aame as such orric8 on behalf ot uaid partnership tor tha purposes
therein expreooedl and th~t the saia Right ot First Retu6al is the
act and deed of said partnersnip.
WITNESS my hand and official seal this ____ day ot
I 1993,
Name:
Notary public
CommiBsion No,
My Co~misaion Expir~sl
. STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day personally appeare~ be.fore
me, ~n otticer duly ~uthor12~d to taka acknowlo~ge~ents,
, as
of WALTER KRUMM VENTURES INCORPORATED, a Florida oorporation, who
is personally kno~n to me or who haa produced
___ as l~antification, and he i~ tha person dBscrib~d in and who
executed the foregoing Right of Firat Ra:fusal and he aoknowledged
then and thorQ before ~a that he executed the &a~e as &uch office
on beh~lt ot s~1d corporation tor the purpooea tharain expressedl
and that the Raid Right of First Refusal 1s the act nnd deed or
said corpora.tLon.
WITNESS my hand and official seal tni~ ____ day of
, 1993.
BGP:rJll
.\clear\atrium\tir~t.rGr
Nama:
Notary PUblic
commisl!Sion No.
My Commission Expires:_
4
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C L E /1, Ii 'N ATE R. F LOR I D A 3 4 6 1 8 - 4 7 4 8
CITY
POST OFFICE BOX 4748
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Office of
City Attorney
(813) 462.6760
Fox (813) 462.6426
October 13, 1993
Mr. Albert N. Justice
19329 U. S. 19 North, suite 100
Clearwater, Florida 34624-3156
Copy via FAX to 530-4004
(Original not mailed)
Walter J. "Rusty" Mackey, Jr., Esq.
1601 Forum Place, suite 805
West Palm Beach, Florida 33401
Copy via FAX to 407-684-9484
(Original not mailed)
Re: Sun Bank/Atrium Building Sale
Dear Al and Rusty:
Last evening, the city Commission voted to extend the la-day time
period for a contract and deposit from Thursday of this week to
Thursday of next week, October 21, on which date they will expect
to see a contract signed by the buyer accompanied by the deposit,
in hand and ready for final approval and execution by the City,
with a closing to be scheduled no later than November 30, 1993.
The motion adopted last evening includes a purchase price escalator
as follows: If the contract and deposit are not in hand by the end
of the day on October 21 (the City commission meets that evening),
the price will increase by $100,000 for every five calendar days
thereafter, not to exceed two such price increases, and if a
contract is not ready for final approval by the end of the second
five-day period, the property will go back onto the market.
For timing purposes, you need to know that I will be Qut of town
this Friday and I will be tied up in meetings all day on Monday and
a good part of the afternoon on Tuesday, although I will excuse
myself on Monday as may be necessary. The commission would like to
see the complete package no later than Wednesday, if not ea~lier,
so they can review the last draft in advance of the meeting on
Thursday. That, friends, does not leave a lot of time in which to
revise documents. Fortunately, I think at least 90 percent of the
work has been done already.
Now, let me respond to the various comments we have received from
Rusty, all relating to the addendum, as follows:
14 t
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OCT 13 1993
. . E qua I E rn p 10 Y 111 0 n Inn (j ^ I fir mAl i v e ^ c I 1011 Em r> 10 y CITY CLERK Or.Pt
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1. On page 2, in two locations, I will change the closing
date for the purchase of the remainder of the garage from "within
90 days following the exercise of the option" to "within 90 days
following Buyer's written notice to Seller of Buyer's intent to
exercise the option."
2. The interest rate is a change I discussed over the
telephone late last week with Al Justice, and is the result of
advice from our bond counsel regarding the need to sell the project
at fair market value. The project was constructed with tax-exempt
bond financing in 1986, for which bonds are still outstanding and
are subject to defeasance after October 1, 1994. Bond counsel has
advised us (copy of his letter is enclosed) that a sale to a non-
governmental entity is to be at fair market value. Since we are
providing for an appraisal and for a sale of the project at the
then-appraised fair market. value, the interest rate becomes an
issue if the interest rate is not fair and adequate within the
meaning of section 1274 of the Internal Revenue Code.
In order to avoid having principal imputed as interest, and
having the sale price fall below the appraised fair market value as
a result, bond counsel has advised us that it is necessary to
provide for interest at prime or at the Applicable Federal Rate as
determined in accordance with section 1274(d), whichever is
greater. The (annual) Applicable Federal Rate as of September 20
is 3.69% (short-term), 5.00% (mid-term), and 5.84% (long-term).
(Published in CCH standard Federal Tax Reports, ~ 46,351). For a
5-year balloon note, we would use the mid-term rate.
If by the "City's rate" you mean the rate we are earning on
new investments of City funds, which is now approximately 4.5%,
that rate is apples-to-oranges although it is "in the ballpark."
For the purposes of dealing with the issues raised by bond counsel,
that rate is simply not relevant.
3. I am enclosing our list of appraisers. I will add to
paragraph 3 a statement that the appraisal will be obtained by the
Buyer from the list, as it is worded in paragraph 2, and that.
answers your question of who will select the appraiser.
I will insert "at or" before "above the appraised value" in
two places (paragraph 3 and footnote 4) .
4. I am passing your suggested language for the appraisal of
the property east and south of the garage to the city Manager and
the city Commissioner for their comment, if any; I do not recall
this level of detail being discussed at our last meeting regarding
how to appraise that property. This seems to commit the appraiser
to an income approach to the exclusion of other approaches to an
appraisal of the property, and I do not believe we have indicated
a desire to make that commitment.
5. I believe I understood the commitment of the CRA to spend
substantial sums to beautify and create park areas between the
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office building and the garage to be no longer part of the deal.
after our last meeting. I may be in error, however. I will also
forward this comment to the City Manager and the city commission
and solicit feedback from them.
6. Estoppel letters have been received from all but two of
the smallest tenants. Please let us know what you want and when
you want it, in terms of updates prior to closing.
Emil has drafted the option to purchase the balance of the garage
and the right of first refusal on the police station, which will
become exhibits to the Addendum; copies are enclosed for your
review.
Emil has brought to my attention the necessity to delete (from the
proposed new language for paragraph 2 of the sale-purchase
contract). the phrase, 'lor Seller, at Seller's option, may proceed
at law or in equity to enforce Seller's legal rights under this
contract. " The language is redundant, and may also suffer the
disadvantage of rendering the contract voidable.
I still need to know: (a) How much air space above the fourth floor
will you need (this will require a deed from the CRA), and (b) what
do you want in the access and maintenance agreement which is not in
the existing Maintenance and Operation Agreement for the Park
street Garage (to become Exhibit I to the contract).
Looking forward to hearing from you.
Sincerely,
k
M.A. Galbraith, Jr.
City Attorney
11AG: jrilp
Copies to:
Mayor and city Commission
Michael Wright, City Manager
Cynthia E. Goudeau, City Clerk
Emil pratesi, Esquire (by hand delivery)
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. OCT-10-93 SUN 20:02
f
CENT\lOION TOWER LTD
FAX NO. 4076848811
P,Ol
1f/~ 7 L~~~, !A.
"cft/~"'?t""~ a~ ~<"N~~ d L
921 Chatham lane, Suite 110
Columbus, Ohio 43221
Telephone
(614) 457.1511
fax
(614) 457.1514
October 11, 1993
M. A. Galbraith, Jr.
City Attorney's Offic~
112 S. Osceola
Clearwater, FL 34616
Dear AI:
My comments on the Memorandum of Under~tanding Draft #7 include the
following:
1. Top of page, insert "Buyer's written notice to Seller of Buyer's intent to close"
in two locations as noted.
2. The City's rate is actually closer to 4.5 % and not 1 % under prime. This is a
change not previously discussed. We should revert to the original terms.
3. At the end of Paragraph #3, should we not insert that the appraiser will be
selected by Buyer in the same manner as the other appraiser language. AI,so in
Paragraph #3, a small insertion of "at or" in tw.o places as noted in the attached.
4. At the end of Paragraph #9, the valuation of the uncovered parking area should
be appraised as "a parking area for 31 spaces based on the then current meter rates
or nnmetered rates less whatever reserves for replacements as an appraiser would
deem appropriate for this type of property"_
S. At the end of Paragraph #9, the next Paragraph (old Paragraph #12) was Dot
discussed at being omitted. The City's commitment to make improvements to
downtown is still very important. If it helps the City's cash flow, we could delay
the expenditure until after we close on the garage.
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.OCT-10-93 SUN 20:03
CENTIIP ION TOWER L TD
FAX NO. 4076848811
P, 02
,.I
M.A. Galbraith, Jr.
Page 2
October 11 t 1993
6. 1 have not reviewed the full contract, bUl we will need to address the issue of
estoppel letters which will need to be updated as a condition to closing. We have
already prepared and received the first replies and we will have our CPA prepare
updates as soon as possible.
I will talk to you as soon as I return from Jacksonville and hope that these dictated
cOlrunents will help move things along.
";,',
. . OCT-11-93 MON 19:57
.IfROt1 ; 22
CENTURION TOWER LTD
TEL: 4626426
FAX NO. 4076848811
P. 01
OCT. 7.1993 2:19 PM P?
Dra.ft .,
Octobe~ 6, 1993
OU~LINE OF ~EMORANDUM OF UNDER6T~DING
1. SUN BANK/ATRIUM BUILDING, The Buyar1 will purc~ase from
the Seller2 the building and the top two flooI"s of the parklnq
garage and il1.r space above3 for $6L450,QQQ -6,90G,OGQ, "as is,. cash
at closing, all closing coats to be paid by Buyer. ~hig conveyanoe
will inolude the right to construct on top of or to cover the
fourth floor, th~ right to construct a eeourity 90te ~t the
beginning of tho ~~CeDD ramp leading frQffi tha sq90nd tloor to the
~hird floor, the xight to construct a security entry or gate Qt the
entry o.r elevator to the elevated padeetrian walkway over pa.rk
Street, an easement to permit the continued maintonance of the
walkway over Park Street, and an assignment of the amount held in
escrow by Maria Roal Estate for the repair of thA pAdp.Rtrian
walkway. A joint use easement ~grGement will be prepared fo~ the
Buyer's and Seller's joint use, maintenance and operation of the
9Ar.~ge which shall cxpiro when end Lf Buye~ purchB~e8 the remaind~r
.Q.f. the garage. .
(Pe.ragraph 2, ~elating to parking on the
B11gore tract or a substitute parc~l or
parcels, to be 80ld or l~aeed to Bu~r, has
been deleted in its ent~rety and aub$equent
paragraphs have baen renumbered.)
2. PAJUC!NG GARAGE. Buyer will buy an opt.ion to purchase the
parking 9arage (tho first two floorB, the ground below, and the air
above). The op~ion consideration will be $50,000.00. The Saller
shall give 8 credit to Buyer in the amount of $50,000.00 against
the purchasQ price at cloD~ng if the optLon 1e a~erci8ed ftod auyer
completef5 th~ acquisition. The option conside:ration shall be
non~efundable and may be used by the Sellar 8a Saller Bees fit.
The term of the option will be ~ ~1~o yearB from the date of
closing on the Sun Bank/Atrium building. The purchase price of the
It.Buyar'' means Atrj.um at C le 1.'1 xwa ter I LiJt1ited, a Florida
limited partnership, of which Atrium at Clearw~terr Inc., a Florida
corporation, will be the general partner, or an a5~ignee of Atrium
at Clearwater, Limited, whlch shall be a walter T. l\rurnrn enterprise
and not an entity which may claim tax-exempt statu8 for t}H=~
proporty.
ZI'Selle~" moans t.he City of Clearwater, r'lox:-ida (the "City"),
with refe~ence to the sun aank/Atr1.um bUildinq, the top 2 floors of
the parking garaga, and the police 8t~tion.
3Conveyanoe of any part of the air apace above th& air space
containing the top two floors of the garage rGquir~lJ a dQQd from
the Community Redevolopment Agency of the city of Clearwater,
Florida (the l'eRA-).
OCT-11-93 NON 19:57
I,.RO!1 : 22
CENTURION TOWER LTD
FAX NO. 4076848811
P. 02
OCT. 7. 1993 ~ p 3
L tJO~ l~
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parking 9""'''ge "i~l be the ourrent ..ppraL8~ to be etermined
prior to 0108ing, but: not more l:han 6 mon 8 prior to , with
the appraisal to 1>9 obtained by Duye from the City'" list 01:
approved appraisers attaohed hereto as 2xhibit A. ~loBi~q sh~ll
bacbtained ~ithin 90 da~6 !ollow~n.9 ~i~, of ~hG-ept~~
An ann\l-al,...Q~t.er baood Yl:ion t>ho ..coRO\lRlOr pr!oo IRGOK (National
Yrhan indox) ahall PO uood aD 0 mult!pliO~ to lnoroaao ~ho ~1~oha8o
pl'i.Qg i.f a Clloo.t.llg 10 ~t.a-i-f\ed "'.l;'t,hlft-b---",,@nths ----Qf tho ..-Qaw 9f
~tO .appraical. The terrna of the purcha8e shall be as follows I The
$50,000.00 credit shall con5titute part of the down payment at time
of closing with 20 per~ent of the total purchaee price being due at
olosing at; the down payment (including- the $50,000), wit:h the
balance to be paid in equal monthly installmanta over a 5-yea~ term ,
at an intQt:G(]t rate of "prime'. -!'pEiRlO Jftil'\~e 4:lrlO" or eno- p0raOf\~aqo f'\lNtJ.S.
poil\t leBo t.~6n the New York prime rate as publ1.shed .in the Wall ~
Street Journal on the date the option is oxarcised, per annum,
secured by a first mortgage on the property. Xn the event a range
f primo rateD ia published in the Wllll Street Journal., the
idpoint of Ruch rango shall ba 'u~od. The ~nte~eat rAte Bhall be
adjusted annually as of each ~nnive~Bary of the date of exercise of
the optLon, based upon inere~eea or d~creaae5 in'the prime ~cte.
During "the term of the option and ph'ior to closing,' Buyer shall
have the ri9ht of !irst retusal on the rental of 100 parking spaces
on the first two floor8 for the balance of the term of the option
with rent prepaid annually, at the diacounted rate of $25.00 par
OPQCC, pl",e a 5 percent i.ncrease per year beginning January 1,
1996.
TEL: 4626426
,
3. POLICE S~ATION. The Buyer ~111 have a ~ight of first
refusal, as distinguished from an option, on the poli~a Rtntion, _4-
giving to Suyer the right t.o match the highest competi.tive bidK~. oR
above the appraised val~e of the p~aperty.4 If the City receives .
a bid which the BUY9r is unwilling to match, this right shall
expire upon the closing of tha other bidder'B offer. The right of
first refusal will have an indefinite term cornmBncing from thG date
of closing on the Sun Bank/Atrium building but expiring upon the
sale of the Sun Bank/Atrium building by tha Buyer. If the City
abandons the use of ~tle pol~c8 s~a~~on as e police Btntion or other
public uaQ, then Buyer mny request the CLty to advertise the police
vtation for lJole (as "surplus") I with bo.1.J.y..!!.uch puX"chaB~ offer to be
equ111 to or greater than the fair ~a1:'ket value of the police
p~atiQn pro~artv according to an appraisal to be performed bv one
~f 'the appratBare on 'th~ li5~ of J\pproved Ap'Prai~ <<--[Not new,
4Secauee the pOlice atatlon is City propa ty and not eRA
property, the sale of the police station is au jcct to the City
Chartor ~Qqui~emcntG to deo~ar~ the property sur us and to Bell to
the party submitting the highest compatiti e bid above the
appraised value. See Section 2.01(d)(4)1 City arta~. A right of
first refusal w~ll permit Buyer to match the high hi , or waive
that right, at hie election.
2
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OCT-11-93 MON 19:58
... F="RCN 22
CENTURION TOWER LTD
FAX NO. 4076848811
ra: 402&426
OCT. 7.1993 2:21 PM P 4
juet 0 clo~ificdtion]
4. SPACES AROUND GARAGE. ThG land occupied by the qround-
level parking spaces on th9 east and acuth eides of tho gdroqa is
part of the real propsrty on which the qarage 18 looated and is
subject to and pert of the Buyer/B optLon to purchase the garage.
The numb~r of PQrk~ng spaces shall be determined by ~af9ronce to
the survey of the property.
(1) If. the option to purchaae the garogo ip not exeroiB~d,
the property w!ll remain eRA property and the City will continue to
have the right to use the apaces for parking for City purpoaos
without Charge.
(2) If the option to purohase the9arnge is exercised, and if
~ho police Bt~tion hae not been relocated as ot ~he closing on ~he
purcha~e of the oaxagez
~ The Soller chall .retain an eaeement to permit
access to, mnintananca, and URe ot ~he space9 fo~ parking
for C.i ty purposes w1 'thoUt rant for a term of .2 years
after closing on the garage or until such time as the
police d61partrnent:. is reLooated, whie:hever occurs earlier.
(~he Seller does not J:'epreaent that. t.he police departn'lent
will be relocated,) 'l'hie eame easement shall provide for
aCcess to th9a~ bpaces over the police station property,
which easement anall benefit Buyer and its inviteae after
the 2-y@ar term or whenever use of these spaces is
granted to Buyer. Thus, there shall be an easement
created as a recorded encumbrance on the police station
proper~y.
-(b) ':Phe B\iyer will Sg Qroaitod b~f Solh~p to>> as
6P&QOB aga1~t tho ~oAt81 on tho Bil~or~ traot or on tho
~ltornato p~rkin9 ~roporty for a~y po~!od durin~~
tAl) ~.t~y rota-ino uoo of 811.-<:>2:" any porti-Gn of tho ~B
epaQOB aro"nd tho q~~
(3) If the option ~o purchase the garage is exercised, and if
the police Ei~l:lt.lon has been relocated at such time, the spaces
ah~ll be immediately available t~ Buyer fox Buyer's UBes (with the
easement over the police atotion property)~ and na o~dlt ehall he
~ila~lo thoronftor a9a~ct tho rontal-on-tho B!lqaro ~rAot or on
~ny &l~or,nato pa~k~q vr~pGr~.
5. SPACES SOUTH OF ATRIUM BUILDING. The aix parking spaces I
mor~ or less, immediately south of the Atrium Building, will be
ureconfigured" to permit landscaping, pro~id~d that the access to
the East-West alleyway is prQgQrved and ~aintainQd in i~s preBent
location or in a subntitutc location if adjoinin9 property owners
consent.
3
P.03
CENTURION TOWER LTD
FAX NO. 4076848811
P. 04
. OCT-11-93 MON 19:59
'~fRCIM : 22
ra; 4626426
OCT. 7.1993 2:21 PM F' 5
G. CONT1\OL 01' GARAGE. Whenever the Buyer acquires or
cOlltractij to acquire 100 peroent of the parking npncge within the
garage, Buyer may control the accesB, security, or personnel used
to operate, aQcure or ~aintain the garage.
~. DEF~UL~r ~ aof~~lt by Buyo~1R ~ho las60 4grooMOAt fQr
~G Dil99~9 ~~a~ will oenotit~Qfa"lt in tho Gption.aqrGomon~
{f1'r t.h~ ~J:~in9 g8X'aqo And-t:.hG-r-4-yh-t of fLrot l?O~6'31. ayroomont. fo~
~Q p~lioo ouatlon. .
~ 7. PARK1NG SPACE DIMENSIONS. All references to parking lot
. spac9B Ghall be deemed to be for full-sized (not compaet)
.jl . automobiles with minimum dimensions for eaoh space of 9 or 10 feet
OV~ by 20 feet. .
B. TAXES. With respect to -t-ho B.i:-l-gQl:O trao~li'klnq epa-ee
10&80 r the option to purchase the parking garage, the leas9 of
parking spaces within the parking ga:r:age, and thQ right of first
refusal on the police 6tation, the Seller shall pay any ad valorem
property taxes thereon, if any, and tho Buyer ShAll pay any saleB
ta~es on the parking Bpace rentals, if any.S
9. APPRAISALS. In appra1Bing the value of the qaraqe fo~ f;1lfJ.
J?urpoB8 of ...~eterm1nil}a tha pqr~ha,ge p;rio9, the '\ralue of the
"footprint II under ~he qaraqe shell be vaJ,~ecLas improved and in use
aa l). 'Parking 9AraQe, includ..).f.lg t.he value-Pf the improvem~nte"
reduced by the pro~ortiop t~~ the numbe~ of paAking spaces then
owneq by Buyer lthe spacea on the third and fo~~th floors and tQ8
spaces on the ramp leadina from the second floor to the third
floo~) bears to th~ ~otBl numh~~ Qf ~arking,apacea in the qaraQB,
counting all lawful spaces for full-ei2ad automobiles'in existence
on the data of closing on the purchase of the Atrium Building. oM-W
.land ahall Rot DO ~.aluod BOllaratoly and tho ~Eu;ago and 1:1\e
~eturoo ahall DO v~luod au a sing19 iRto~rabod ~600t (parking
{a.Gility), oJloapt that t.h~ The. value of the portion of tb~ property
e~at and Bou~h of th~ qarage, ~proved by ~ p~rkin9 spaces ~ tho
~~~ oo~tft of tho qarago and d~iveway" or p9-~tiona thereO~f to
~be eastern and souther~.bound~rieg of the garage propert~ shall be
determined v~luod Beparately and included in the purchase price
.toqetber with the value of the g~~4.qe II footprint" and improvements
thereon ~a described above, and tho p~~haco prioo shall inoludo
-t;.ho '1)'&1\10 of tho firGt ~lO floo!:'B of tho ~Aritgo...
~l
i 12 f 'rho €R..~ \fi-l ~ mako .:l ooJllJll4:.tmont to opond S - ~
~} of ClovolaflG Stroot betwoon uno garago ~And tho SHn
Kf>< B14Altl htrium bui.lding in orck>>:-to hoa\lti fy I rGGen.f-!guro, landooape,
) \ &Rd oroat-e-par}( {U?~ 1 \l~mount 10 doomed E1imilar to tho
r:
~The state $~le" tax on tQ~. le~o9 or re~tfil of reql property
or on the lease or .rental of parking spllceB in qarag.es may a?.ply~
eee Sections 212.93(6) or 212.031, F.S.
4
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. fRO'1 : 22
CENTURION TOWER LTD FAX NO. 4076848811 P.05
TEL..: 116.2b-1~ OCT. 7. 1993 2: 22 PM P 6
.,
~V99~B~~ ~QdOL>>Y VAo oity o~~t~o ~oetR giQO of C~~~olA~ g~~~D~,
()~UJt of St4\:ioR SMoot .gqYa~Q a WnB .plan fJha)'l bo Qub jooii t)f.)
appro\~l of Buyo~ and its arohl~cat, and the CLty. If ~o xotoil
~taJali9)n~81\t.e OMIt 9i t.J::\o Sun lU~1\.k/"'t1"-!um B\l11diflV a1en9 clOV{').l~nQ
6~root;, ~.,i't)R &0CQ,;a to, tHe a 1101' Bflroo 'to a. :COlo0~t.ion' 9'~
ab&nd9fUftcJ\r: Df all er a pol:'ti()A of t)ho a:lloy tlum tho City ,'~1d.
~ Ad' ' .
al!f~&& '.0 a'.ppew:~ 1;\10 (';JG~J:"a for rooottiiguFa-tion .of 'tho alloy aRd
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L.AW OFFICE6
BRYANT, ~(lL.LER AND OLIVE, P.A.
T.UDh_ncc, Plurlda
RFC.El\/ED
OCT 1 ;~ 1993
'.X~'V L\rrORNEY
201 South Monroe Sence
S\I/r, ,00
TQII.h.l4~c, Flor/~ll 31301
('~4) ,at-UI1
^1I~n'a F1naneial Center
Sull. 1140, P.4lI' TpWcr
3J.13 J'oQchtree !toad, N.B.
^thmtl, OOQrsfa :10326
("0") :tst-1l4110
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TELECOPY NO.: I (~J ~ )
TELEPHONE NO.:G1 ~) ,3 )
FROM: ~b Be.ic1J
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--:PA<~ ~ ci \ilit
NUMBER OF PAGES (including this cover sheet):
D 'iES
Co ~ ~ 0 1/ 5) "/ b L. - (? lksL
.!d (ocQ.. ~ '1 (r;O and ;,. c ~ 13) 4UQ.. (oQ3Co
CLIENT NO. z
SUBJECT:
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CONFIRMATION OF RECEIPT REQUESTED:
NO
MESSACEt
Ol'i3-if\J1T1 rnlTl\'PO. 10~ 1]1"'. C3F\16rA'lth~
~FYOU HAVE ANY PROBLEMS RECEIVING THIS TELECOPY, PLEASE CAL~ US AT
(~04) 222-8611 AND ASK FOR:
~~.._~..~.....................................A...'..'..A......................................~~.AAA.A.A.........
THE INFORMATION CONTAINED IN THIS TRANSMISSION I$ATTORNEV PRIVilEGED AND CONFIDENTIAl.. IT IS INTENDED ONLY
FOR THE USE OF THE INDIVIDlJAL OR ENTrrY NAMED AeOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
Al:CIPIENT, YOU ARE HEREBY NOTIFIEO THAi ANY DISSEMINATION, DISTRIBUTION OR COpy OF THIS COMMUNICATION IS
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....................................................................... .A....'.................................
(904) 224-0044
TRANSMXTTED FROM;
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BRYANT, MILLER AND OLIVE, P.A.
201 Soulh MOl1roe 51 relit
Suite 500
'1'lIl1th/unc. rlCHldo 32301
(004) H~-lllI\'
F"I(; Ito4) 22t\-'hll
(804) 2l~.OO~"
nurncll PIUb
Suite 126S
101 PAl!'1 Kennedy lloulc::vud
TII"lpa, JJtorido 33t,oz
1"~'213.ef17
AlIlIl\tll 1~II1Dncli)' O:lIu:r
Sl.Ihe l1~O, I ~"l 'rower
l~a ~o(l~lllroo ROlltl, N.C.
Al1llllll, <.lc::ol'Itia :\0.'2(,
(4004' 2:SV.0450
J:'AX: l'U'223"270~
F.I'X. (40"') Z31-U43
octobor 12, 1993
hl Calbraith, Esq.
city Attorney
City of Cloarw~ter
112 South Oaceolo Avenue
ClearwatQr, Florida 33518
Re: Sale Term~ ragarding Two story Parking Facility
associated with the Sun Bank/Atrium Building
Dear Mr. Galbraith:
At your request, we have revi~wad various fed9ral income tax
issues surroundinq the potential sale of the Sun Bank/Atrium
. Buildin~ to Atrium at clearwat:e:r, Limited, ~ Flor.:i.g" limited
partnership (the "Buyer")" In conjunction with thG sale, tho Buyer
has requested an option to acquire the land antl first two stories
of a pUblic parking facility curre.n'tly available in conjunction
therewith. The requested terms of t.he agreement are that upon
exercise of the option, the Buyer ~an purchase thQ parking facility
at then fair market value. However, the agreement currently con-
t.emplat.es that t.he Community Redevelopment A9'~nc:y (the "CRAil) of
tne City of Clearwater, Florida (the " City") as seller of the
facility would agree to accept CR~h or a promi~~ory note providing
for twenty year amortized principal payments bearing an interest
rate equal to the prime lending rate.
Since the parking fac:i 1 i ty was acquireQ by the eM uGing
proceeds of tax-exempt bonds, we hav~ reviewed RGsolution No. 86-1
as adopted by the CRA (the "eRA Resolution") and the Non-Arbitrage
Certificate delivered by the CR~ in oonjunction with the iaouonce
by the CRA of its $1,660,000 TAX Increment ana Lease Revenue Bonds,
Serie.s 1986 (the "Series 1986 Bonds"), t.olJether wi th appropriate
provisions of the Internal Revenue Cod~ of 1986, as amended (the
"COde") and applicelble Treasury Regulations. \tIe have also rQvicwcQ
the Lease Agreement between the enA and the city covering the
parking facilities adjacent to Clearwater Square (the "City Lease")
and Ordinance No. 2799-82 (the "Parking ~y~t.~ln ordinancelf) adopted
by the City in oonjunotion with the aut.horize1tion (,)f $950,000
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Al Galbraith, Eaq.
october 12, 1993
Page 2
Parking System Revenue. Bonds, series 19B) (the "Series 1983
Bonds It) .
One tax related requirement in R sale of facilities financed
with bonds such as the Series 1986 Bonds to a nen-governmental
entity is that the sale be at fair market val~~. The agreoment
currently reQuires that the option price be at fair market value,
but that it oan be paid in twenty installments at an inter~st rate
equal to the prime lending rate. In accordance with Section 1274
of the code, a debt instrument de1ivered in exchange for property
must bear a fair and adequ~tA st~ted int~resto If tho intereet
rate is not adequate then a portion of the principal amount must DO
converted to deemed interest, reducing the principal amount
actually paid. ShoUld this be the case in the financing, it could
mean that the Buyer would be p~yin9 less than fair market value for
the parking facil i ty to the eRA. In order to avoid this, the
agreement should raquire t.hat the purchase note bear interest:. at
the prime rate so long as the prime rate is not less than the
Applicable Federal Rate (the "AFRtI) as determincacl in accordance
with section 1274 (d) of the Cod~, and 11"1 the event the 1\FR if)
greater than the then prime rate, the AFR. This q\1alifioation
would avoid having to recharacte.rize principal as interest and
preserve the sale of the property at fair markQt value.
The Parkin9 system Ordinance authorize~ tho City to acquire
future parking facilities with additional parity obligations, with
one contemplated future facility being the parking facility to be
built by the eRA and ~o h~ ~p~rated by the ci~y pur$~ant to tho
city Lease. As a result, the city Lease was entered into ~~ an
additional obliqation with tha Series 1983 Bonds p~rsuant to the
parking System Ordinance. Since the subject parking facility
became a part of the city parking system, Section lS(J) of the
Parking System ordinance r4?garding sale of the parking system
become applicable thereto. This'provision provides procedures for
th& sale of parking facilitie~, and reserves to the city the right
to sell any part of the parkinC] frscility it d(j)(H"S no longer
necessary and for which the city's Traffic EngineQr oertifioo that
the net revenues of the parkin9 sy~tem will not be materially
adversely affected by reason of such diepositi6n.
In the event the sale or or.her disposition of any portion of
the parking system is in excess of 10% of the value of fiKed azsots
of the entire parkin9 system, the Parking System Ordinance requires
that the Series 1983 Bonds and any Rdditional bonds (such aD tho
City Lease) be prepaid or defeasp.d with the sale proceeds. As of
January 1, 1994, following the thAn maturity of $75,000 of Series
1983 BQnd~, approximately $380,000 of SQriQs 1983 Bonds will rem~in
outstanding, of which approximately $120,000 will be secured by
procGQQs in a Reserve: Fund. Commencing JanuEu:y 1, 1994, the Series
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Al Galbraith, Esq.
October '12, 1993
Page 3
1983 Bonds may be redeemed in whole at any time at par, with the
net costs of such redemption estimated at $260,000. Assuming there
are no additional parity bonds outstanding in conjunction with the
Series 1983 Bonds other than the City Lease, a redemption in whole
of the Series 198:3 Bonds on January 1, 1994, or following the
exercise of the option by the Buyer to acquire the subject parking
facility would be advisable.
However, a problem still remains in that the City Lea~e by its
terms is not tGrmhlable until the Series 1986 Bonds have been
retired in full. This is true notwithstanding the cass that the
city has to date not made any leR~e payments under the City Lease
as tax increment revenues accruing to the eRA have b~en adcqu~te to
meet scheduled payments of principal and interAst on the SQries
1986 Bonds. Assuming no city Charter or constitutional
prohibitions, one possible solution may b~ for the City to loan
adequate funds to the eRA to enable the eRA to defease the Series
1986 Bonds upon the e~ercise of the option by the Buyer. Repayment
of this loan could be ma~e with proceed~ of the CRA's tax increment
revenues or the purchase note financing in the event the eRA
accepts a note b~arin9 interest from the Euyer rather than payment
in cash. such a loan is arguably in accordance with the Parking
Syste~ Ordinance which requires a pay down or defeasance of the
Series 1983 Bonds and any additional obligations, s~ch as the City
Lease, upon a sale of a portion of the parking system. Suoh loan
would be in the nature of a defeasance of the City Lease, and the
eRA's repayment thereof would be under terms similar to the current
obligation of the eRA to reimburse th~ city from tax increment
revenues for any actual payment made on the City Lease. This
defeasance would allow the city and the eRA to termin~te the City
Lease and in accordance with the Parking System ot'oinanoe allow the
sale of the faoility to the Buyer upon exercise of thc option.
unfortunately, the eRA Bonds are subject to Early r~demption only
at a premium of Z% commencing qctober 1, 1994, reducing to a par
rQdemption on or after Ootober 1, 1998.
I trust these thoughts and suggestions are useful to you and
provide a workable methodology whereby the eRA will be able to
enter into the agreement and sell the fC\cility as c\n'r~lIt.ly
contemplated.
CO~~. /? /l
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'10-13-93 12:34PM FROM F!RST SECURITIES
.
P002/002
TO 18134626720
<41 9-22.03
77.6~5
j".,~ ltullnel!
. .
Conto.nu of LR..n. 199!-29. . .' . . . s.. CCH ~ar.
hnnnt.lnctm~t PJ..118. p&;1I8S . 0............. -.. ..... ............ .. ... .... . %,340
Annoul'ICtmtlnt 93.119. PlLa'e 86 . . . . . . . .. . . . . . . . . . .. . . . . . . . 0 _ . . . . . . . . . . . . . . . .48.7.52.
hnnoUl:).CClncnt 9.tlZ0,page 86--{ReprO;<1uccd In the cen ~f\Jt TAX RU'OR'l1tR) .
Announcement 93-121, t-gCl 86 . . .. . . . . . . . . . . . .r. . .. . . . . . . . . . . . . . . . . . .. . . . . . .46rJ25
A.llnounccmcnt 93-122, pale 87--(Not repcQductd) (T'J). 84-76 corrected)
Anncul'\~D\ent 93-l~, p&ge 8~eprOOuceQ In the CqI l!::xc1st "l'~ REPOiTER)
hnnountement 93.lU, page So..:..(P.eproduce.d in the eel! ~cw; TAX lU::J.>(mTER)
AnnOlJncemenL ~-lZ3. paall'SlO-(Reproduced In the CCH EXCtSlt 7AX R1'.P<mTEk)
Announcement P3-126..PI\~ ~~-(:ReproduCf:d In lhe CCB EXClSli..TAX RJusoRmR)
Announcement 93-127. plre 91~eproduc~ jn t~e CCIl ~?'CJ!lB TAX Ruro>>;ru)
I
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m O{6.9SI] Rcn-. Ru1..~s-61, LltB. 1993.JO. Septem~r 20, 1993.
l Codfl.s.c:. J214.. A.JfJOl Coda Sttc& "2, 28lJG. 3B~, 412, 46', '1M "8S~ 8fJ7. ~, U88, ~$ZO Gd 781'21
D~ttnninat1on r>f lDtarelSt ra\ot. AppUcable intct'O$t ratMr-TbG mtdnW R.vfst1~ 8trni~
baa ~tu1Outlc:-.d tho appUcable f4d.,1'Ill ~ rt.t:.aa. ~~ e.djuslN applicabl.e federal b1UfrMt ram,
t1ur adja4tcd ledeza11oui"tlerm mte. the adJulta4 txl*nl1loac-tarm tlIX-frXUmpt ~at~ and th6 low..
income hDu.tlnr cred!t a~pr1at:a ~C8IltBaes for ~bM" 109!. Back re~CC3: '11173.01,
176.01. 043~.023. 15,1&2..01, 11,115.01, l~,l~.~O, 21,911.01, 21,92\.01, 22.299.D2S. 26.0~1.1.6,
26.~61.0'7, SZ,$10.04, ~.0Z1.01, 43~ll.\.Ol and of4.,S~O.01. .
11\11 IfMl1l"C rulini ~rovide.s V~lU prescribtd . adjullt.ed lederallonaotarm 1\\te and tho lon;.i.ami
J'''~I lOT fcdaaJ iMO.Jn4 tQ purposca ler October tal:-<:xernpt l'A.tC doacrlbcd in teetion 382(f). ~]e
1993 (the (UTTeot SllOfl'tb), Tablll 1 cobbins t.b~ 4- conlA)m the appt'OpriA~ p'eJ'()In~.. tar d~
6lJort.tcrm, m!d.tAU1n, and lang-term JppUeable tnininS tHe low-Jncam~ hO\18Jnr; credit deacribed in
federal l'A.tDS (AFR.) fot the a.ln1lnt, month fOT MOtIon -4-2(bX2) tor bu11diIJSI plaald In .ervic:e
PurpQ3~ o1lectJm 12.74(d) of the Internal 'Rcyo- du~ tho current month. FInally, Tablb 5 eon-
nile C<lde. TabID 2 C;orl~ the short-tlttltl, mid. tA1ns th, federal rAta rur detUrnlnl~ .the prc:scnt
term. and lone.term adJurted 6Dplkllble 1ede.rp.l vlllur: or an annuIty. an inltrn!1t lor m. oC' (or 6
ratea (.t\Ju:lllld I\YR) for the CUJ1'80t m.o.nth for b)rm oJ. ycua, or a remainder or a rev~OI1Af)"
p~ea or sectIoa I288(b). Tablr: 3'llIItA forth the int.trMl for pul'pQ1Ie$ ot .act1on ~$20. .
REV_ RUL ~ ::r.All1Ji: 1 .
Applicable RtXleral Raw (AFRJ Cor Octo~r 199~
l'<</rxJ ibr~
AnrtUl/ s-.rpnnwJ QUDoI'lI:r/y ~t4LY
. f c't:l~ .
Slrtltt-TUIlJ
AFR .......... . ... ... . . . . . ... . . . . , . . ... ... . , ... 3~
\l~ Al'Jl . . .. o. . .. . . .. .. _.. ... : . .. .. ..... .. ~.07~
12Oil. ..A:PR . .... .. .. . . . .. 411 . ... .. . ... . . . " " . . . t . . . . . . . .. ~.-1-4'.i1b
3.6t.S'JI& ~..61~ 3.53~
04.03% 4.01~ 4.~
4.3~ 4..3"~ 4.3S$
4.94% 4.91~ 4~
5.4.3'" $.~9% 5.31~
S~% 5.~ 5..86"-
1.41% 7.34% 7 .30~ .
8.65% 8..56~ 8..50%
5.76% ~.n", 5.09%
6.$4-cx' 13.29'L 6~
6.91% 6.8S'h 6.Bl~
}.(jd.'1UDI
AFR .. . . - . . . . , . . . ... ... . . . . .. . . . . , , , . . . . .,. S.OO'fb
110<f0 AFR .... _ . . . . . . . . . . . . . . . . . . . . . . ... .... 5.~D9'
12~ AFR _.... I .. , . . -. , ... . . ... .. . . t " .... , ... ... 6.~
15~ ~ ... . . . .... . . ... ... . . . . . . ... . . . . . . . . ... . . ... , ..55~
1?5~ m .... . . .. . . . . . . . . . . _ . . . . . . . . .. . . ... aMI)(,
~t~.
LtJtzJl- Tu 111
~ APR ................ . . .... .. " . _. ... . .
11 AFR. . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . .. .
!~ AFR, .... . . . . .....'O. , . . . .. .. .. . . .. . . .. ... ....... . .
S.B4<;t
6.44%
7.03%
RRV. RUL. 5lSo64'rABLE 2
AdJutt.d AFR for OctolMr lSl93
PlI10d [OJ' C4mr><<mdJ1IJl
Mn....J SlmJUlDU,", QtIuml~
Short-ttrm m.dju.ned AFR.. . . . ... . . .. . ... . ... ... 2Jl~'Jb 2.81'.10 2.80'11
Mid-unn adJu,ted AF'R. . . . . . . .. . . . . . . . . . . . . . .. "'.07'1b 4.03% 4.0t cr.
9S(a) CCH-St:an.clud Pildcrul T~ RAtpolU
M""rhly
2.79~
".0CJlJl
11' 46,3!51
.r
. n~..' f, 0 -r 11 to ~U ,k cJ;:;t;~f
~....:ttd- .A."--v.t., "->..- .l~<M.-k " ..J- "- --' ~ 1-' ,
Jw.~ of~() .t~\,"'- ~, ~ -tl~ \.f9-W4L<., ~ l-l."^ ~ '-t"0-<~
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ENGINEERING
OCT-11-1993 15:26 FROM CITY OF CLW. ENGINEERING TO
P.132
APPR1\J:SERS
Jerry Fiala, MAl
Appraisal Assoc. of Tampa Bay
1248 Rogers st., suite 1
Clearwater, Fl. 3461.6
PHONE: 441-2880
James M. Millspaugh, MAI
James Millspaugh'& Associates
i221 ,Turner street
Clearwater, Fl. 34616
PHONE: 46~-2648
FAX:" 442-8922
William H. Caldwell
Wm H. Caldwell & Associates
1428-D Gulf-to-Bay Boulevard
Clearwater, Fl. 34615
PHONE: 441-1527
FAX: 447-0935
Warren Hunnicutt, Jr., eRE, MAr
Hunnicutt-Ar~old, Ino.
Feather Sound'Corporate Center II
Two Corporate Center Dr., suite 600
Clearwater, Fl. 34622-5552
PHONE: 573-11.37
FAX: 573-1327
James P. Koelsch, MAI
Valuation Services, Inc.
6414 l,st Avenue South
St. Petersburq, Fl. 33710'
PHONE: 345-0731
H. Linwood Gilbert, MAI
'Gilbert &Associates, Inc.
P. O. Box 1551
St. Petersburg, Fl. 33731-1551
PHONE: 528....0339
MiChael D. Candler, MAl, SRA &
Mark G. Sawyer, MAI, SRA
Candler-sawyer & Associates, Inc.
1034 '16th street North
st. Petersburg, Fl. 33705,
PHONE: 894-5414
FAX: 822-5230
wp: appraise~ewb
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crockett & Associates
8910 N. Dale Mabry,
suite 10
Tampa, Florida 33G~4-1580
PHONE: 933-5033
Nioholas A. Clarizio, MAl, SRA
N. A. Clarizio & Associates, Inc.
1236 South Greenwood Avenue
Clearwater, Fl. 34616
PHONE: 443-0655
Corson Stroud << Herr, Inc.
P,. O. Box 1600
St. Petersburq, Fl. 33731
PHONE: 822-1111
R. W. Beck & Associates
800 N. Magnolia Av., #300
Orlando, Fl. 32803
stephen J. Jamir, .MAX
Ja~ir & Associates, Inc.
4302 Henderson Blvd.
Suite 100
Tampa, Fl. 33629
PHONE: 254-6446'
James L. Parham, MA!,SREA
James. L. Parham Co.
270 1st Av. So. Suite 201
st. Petersburg, Fl. 33701
PHONE: 895-7325 -4306
FAX: 822-7~25
William v. Wood, MAl .
Appraisal & Market Research
Analytic Services, Inc.
500 N. Reo street" suite 300
P. O. Box 24357
Tampa, Fl. 33623
PHONE: 287-5023-
FAX: 784-6639 .
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.Oct. 11 '93 16:39
0000 ~'-HARDS,GILKEY P.R.
TEL 813-446-~741
--
P. 1
LA"" or-f1CI:S
RICHARDS, GH.I<EY, Fl'fE:. SL..AUGH1'E:R, PRATf:SI & WARD, P.A.
AIC\01.AROa .UI~D'HG
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Cl..tAAWA'TtR. Ft.ORIOA 3.016
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TELECOPIER COVER LETTER
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**PLEASE
TO**
~
FAX: )_ ~~02 I h If/~.(z.
:::::~-----~:;~l!1e~;~----.------~---::;;:-~-----------.
,.'
We are transmitting a total of pages .including our cover
letter from an automatic Olympia OlyFax 515. If yqu QO not rece~~e
all of the pages, please call back as soon as possible .- PHONE:
(813) 443 - 3281; FAX: (B13) 446 - 3741.
------~------~-~---~-~~~-~~~~~---~~-~~----~~~~~~-~-~~~~~~-~~~~~~~~-
..The information contained in this transmission, is . attorney
privileged and conf~dential. It is intended only for the use of
;the individual or entity named above. If .the %;'eader of thiq
message is not the. intended recipient, you are.hereby notified thai; .
any.diss~mination, di~tribution or copy of this communication is
strictly prohibited. If you have received this communication :in
error, please notify us immediately by telephone collect .a'nd return
the original message to us at the above address. via.~he U.s. Postal
service. We will reimburse you for postage. Thank you.
----------~~---~-~-~-~------~-~----~-~-~-~~-~~-~~-~~~~-~~--~-~-~--~
Original Documents Will
ICe f/'d (~
will Not ?ollow by Mail.
06CI)~ L
COMMENTS:
~
Time Started:
Time Completed:
,J
R~CEP{~D.
OCT 1.1'/993
. :j"(y ;..:, .,. i'UHNEY
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Oct. 11 '93 16:40
~~~ RICHARDS.GILKEY P.A.
TEL 813-446-3741
OPTION TO ~CHABB
This A9reement made thia ____ day ot 19__, by and batwaon
COKKUHITY REDEVELOP'MENT AGENC'i OF Tim CITY OF CLBARWA'rER FLOJUDA,
("CRA"), whose addres$ is
and ATRruH AT CLEARWATER LIMITED, a Florida It.it04 partner.hip,
(" Buyer") , whose address is
W I '1' NEB SET Hs
miEREAB, eRA is the owner ot the real property desoribod in
Exhibit "At.; and
WHEREAS, Buyer has acquired the property desoribod in Exhibit
"B"; and
WHEREAS, Buyer wishes to socure an option to purchase the
property described in Exhibit "A" on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in considoration of thG promisee, covenants,
and conditions hereinafter Bat forth the parties a9ree ag follows:
1. The recitals contained herein are true and oorreot and
mado a part hareo!.
2 . Simultaneously herewith Buyer shall pay to CRA the .wa ot
$50,000.00 as consideration tor this option. This sum shall be
nonretundable and in the event Buyer exercises this option and
oloses this transaction in accordance with this Agreement the
option money paid pursuant hereto shall be credited against the
purchase price hereinafter set forth.
This option shall expire on
, 1995, at
3.
12:00 P.M.
, : '> ~
4. In the ev&nt Buyer intends to exercise thia option, Buyer
shall serve written noticQ on CRA by certitiad mail return race1pt
requested within the time sot torth in paraqraph 3 hereot. Within
90 days or the exercise of this option but in no event later than
, 1995, Buyer shall close on the property described
in Exhibit itA" in accordance with the terms hereof.
5. The total purchase price for the property d..cribed in
Exhibit "A" will be the current appraised value of the property
determined by an appraiser acceptable to the City ot Clearwater.
1
P. 2
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Oct. 11 '93 16:413
~"~ R I CJ-mDS, GILKEY P. A.
TEL 813-446-3741
The appraisal shall be dat8~ and be eftective no morQ than 6 ~onthB
prior to the closing.
6. The appraiser appraising the property described in
Exhibit I/A" shall use the followinq formula in detQmining the
value: the land under the footprint where the garAge is located and
the improvements thereon shall be valued by the appraiser. The
Purchase Price ehall be detormined by prorating the appraised value
of the land and improvement on the footprint based on the total
number of spaces beinq acquired by Buyer Qompared to the totAl
number of spaces in the garage. The parties ackno~ledqe that the
total number of parkinq spaces in the garage is
Buyor
presently owns
spacop within the garage. The tOllowinq
formula shall be used to prorate the value: Buyer's spaces divided
by total spaces in the garage ~ultiplied by total value determined
by the appraiser equals value of parkinq spacos and land located on
or under the footprint of the qarage on the property described in
Exhibit "Aft to be acquired by Buyer.
The value of that portion of the property east and south of
the qarag. and improved by parklnq SpaC$B and driveways or portions
thereof to the eastern and southern boundaries of the property
described in Exhibit "A" shall be determined sepllrataly and added
to the value of the parking garage hereinbetore ..et forth to
dete~ine the total purchase prioe.
? rf the Buyer exercises this option and aoquires the
property described in Exhibit ItA" and the City of Clellrwater has
not relocated its police station located at 644 Pearce Street,
Clearwater, from its present location, thQn and in that ovent,
Buyer shall upon the closing of the property describ8~ in EXhibit
"A" grant to the city of Clearwater an unencumbered GlUlalllsnt for
access, maintenance and use of those parkinq spaoes described in
Exhibit tIC". Said easement shall be for II term of Two (2) years
from tho closing of the purchasQ of the proporty described in
EXhibit "A" or until the City of Clearwatar relocates its police
station !ro~ itB presont location at 644 Pearce street, whiohever
shall first occur.
2
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Oct. 11 '93 16:41
(Y"" RID-mDS. GILKEY P. A.
TEL 813-446-3741
P. 4
8. In the event Buyer exercises this option eRA sha11 convey
title to Buyer by Special Warranty Deed, tree and clear of all
liens and encumbrances ~xcept eassments and re5triotions of reoord
and tax$s tor the year ot closing.
CRA shall furnish titlo insurancs insuring title in the amount
ot tho purchase price. The cost of the title insurance, recording
the deed and documentary stalllps on the deed, intanqibl. tax,
documentary stamps and recording ot the nota and mort9ag. shall be
paid by the Buyer.
9. In the event Buyer exercises this option, Buyar shall pay
20' ot the purchase price at closing. Buyer shall be given oredit
tor the $50,000 option money paid pur.uant hereto against the 20'
due at olosing. The balancn o~ the purchase price .hall be paid in
the tor= ot a first purohase money note and mortgage. The note
shall be amortized over 20 year8 and shall balloon in 5 year..
Interest shall accrue at the greater ot the Federal Rate charged
tor long term debt or Wall street Journal Prime Rate as quoted 10
days prior to olosinq.
The interest rate snall be adjusted
~nnually to the greator ot tne Wall street Journal Prime Rate or
the Federal Rate tor lonq to~ debt on~ject adjustment date.
Upon any adjustment in the interest rate tha monthly pZlyJllants shall
be adjusted based on the then unpaid principal bal~nc. amortized
over 20 years lass the number of years that have e~pired since the
0109ing.
The torm of the note and mortga98 shall oontain thoBe terms
and provision~ genGrally tound in commeroial real estate not.. and
~ortqllgBS utili~ed by commorcial lendinq institutions in pinellas
county, Florida.
10. In the event Buyer does not exercise this option within
the time period set forth in Paragraph 3 hereor or in the event
Buyer exorcises this option and rails to close on the term. and
oonditions hereof all Buyere'o rights hereunder shall oease and
terminate and pha1l be of no further force and effect.
11. All payments hereundor shall be in cash, ",ire trllncter or
certifie~ tunda.
3
Oct. 11 '93 16:42
~ RICHARDS,GILKEY P.A.
TEL 813-446-3741
P. 5
12. The property described in Exhibit "A" shall be purchased
in an "as is" condition. Buyer ac)mowlec1gea tha.t it hall not relied
on any representation, express or i=plied trom CRA in connection
with the property or the improvements theroon.
13. upon the olosing in the eV8:1t Buyer .xeroiuoa thi.
option, real estate taxes and asgessments ahall be prorated as ot
the date ot closing.
14. All notices shall be given by cortitied mail return
receipt requested directed to the parties at tho addr8s_es Bet
torth b_low:
As to CRAI
P.O. Box 4748
Clearwater, Florida 34618-4748
As to Buyer:
Attention: Walter J. Mackey, Jr., Esq.
1601 Forum Place, Suite 805
West Palm Beach, Florida 3J40l
15. This Agroement 1s not assignable by the Buyer any
attempted assignment without the prior written consent ot the CRA
shall be null and void.
16. This Agreement is binding on the parties, their
successors and assigns.
In witness whereat the parties have executed this option
Agreement this ____ day of
, 19_.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
BY:
Arthur X. Deegan, II
Chairperson
,..;
BY:
Peter Gozza
Executive Director
BY:
Jacquelyn DeGroy
Secretary
ATRIUM AT CLEARWATER, LTD.,
BY: Atrium at Clearwator, Ino.,
General Partner
BY:
NAME:
President
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Oct. 11 '93 16:43
~-1 RICHARDS.GILKEY P.A.
TEL 813-446-3741
STATE OF
COtINT'i OF
I HEREBY CERTIFY that on this day personally appeared bators
me, an otticer duly authorized to take acknowledgement., ARTHUR X.
DEEGAN, II, PETER GOZZA and JACQUELYN DEGROY, as Cha1rperQon,
E~Qcut1ve Director and Secretary, respectively, ot Community
Redevelopment Agency of the City ot Clearwater, Florida, who are
personally known to me or who have produced
as identitication, and they are the persons degcrlbed in and who
executed the toreqoinq option to Purchase and they aoknowledqed
then and there before me that he executed the Ba~e a8 .uch ottioe
on behalt of ~aid Community R&development Agency of the city ot
Cloarwater tor the purposes therein expressedr and that the said
option to Purchase is the act and deed ot said Co~munity
Redevelopment Agency of the City of Clearwater.
WITNESS my hand and official seal this
, 1993.
day ot
Name:
Notary Public
conunisBion No.
My Commilsion Expire.:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on thie day personally appeared before
me, an orticer duly authorized to tak$ acknowledqamentu,
, as qeneral partne~ ot Atrium at
Clearwater, Ltd., who is personally known to me or who h.as produoed
as identification, and he is the
PQrJlon described in and who exocuted the foreqoing Option to
Purchase, and he acknowledged then and there ~efora De that he
executed the same as suoh qeneral partner on behalt of said
partnership for the purposes therein expressl and that said option
to Purchase ia the act and deed of sald partnership.
WITNESS DY hand and o!fioial seal this ____ day ot
, 1993.
Name I
Notary Public
commission No.
My Commission Expire.:
EGP:'r1I1
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Oct. 11 '93 16:43
P'" ~ RICl-mOS,GILKEY P.A.
TEL 813-446-3741
RIGHT OF FIRST RRFUQAL
This Aqree~ent made this _____ day of
, 19_,
by and between CITY OF CLEARWATER, FLORIDA, (hereinafter reterred
to as "City"), whose address is
and ATRItJH AT C:c..EARWATER, LTD., a Florida limited partner.hip,
(hereinafter referred to aG "Buyer"), whose Ad~res. i.
WHEREAS, City is the owner of that certain property daacribed
in Exhibit "AliI and
WHEREAS, Buyer has purchased the property c1escribec1 in Exhibit
"B" and City has agreed to grant Buyer a ri'ilht ot rirst reru.al to
purchase the property ~escribed in E~ibit "A" on the terms and
conditions hareo!; and
WlIEREAS, the parties wish to formalize their agreement a.
hereinarter set forth.
NOW, THEREFORE, in consideration ot $10.00 and other good and
valuable consideration the parties agree aa tollows:
1. The recitals contained horein are true and oorrect and
made a part hereot.
2. city hereby grants to Buyer the right to purchase the
property described in Exhibit "A" on the same term. anc1 oonditions
that city 'WaS willing to accept trom a bona tide third party.
purchaser.
3. Buye~ understands and aq~ges tbat the Property desoribed
in EXhibit "Aft 1s BUbject 'to city's Charter rcaquireJDonts tnat
mandate that it be declared surplus and must be Bold to the party
Bub~itting the highest competitive bid above the appraised value.
4. In the event the property described in E)(hibit "A" nas
been declared surplus and city has advertizod said property ror
sale and naB recoived a competitive tbird party bid above the
appraised value of thQ property City shall furnish Buyer 'With a
copy ot said bid and offer and Buyer shall have 10 days a.tter
receipt of Baid offer to e~oeed aaid bid and otfer and e~ercise
this right of firBt refusal, In the evont Buyer so exercises this
1
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Oct. 11 '93 16:44
er
RICHARDS,GILKEY P.A.
TEL 813-446-3741
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riqht ot first refusal it shall s.rve written notioe on city and
shall procee~ on tho same terms and conditions as the 3rd party bid
to close the purchase of the property within
notice.
day. of the
P. 8
,J..
2
5. At such time as city ceases to use the property described
in Exhibit "AM all a police station or for any other publio purpose
nuyer shall havo the right to request that ths city declare Raid
property surplus and that it be dispoRed of in accordance with the
terms of the city Charter.
6. Notwithstanding anything contained herein to the
contrary, Buyers rights hereunder shall ceAse and t.rminate upon
Buyer's sale of the property doscribed in Exhibit "5" or upon the
sale, transfer or convoyancQ of the general partner's interest in
the Buyer, whichever shall fir.t occur.
7. In tho event it becomes necessary to .ntoree this
Agroelllent by legal proceeding the prevailing party in any such
procQe~lng shall be entitled to recover all C08tll and expenses
including a reasonable attorney's fee.
8. Buyer shall have no right to assign its right. hereunder
except to the genoral partner ot Buyer without the prior written
consent of city.
9. 'rhis Agreement is bindinq on and ahall insure to the
benefit of the parties hereto, their successor~ and as.iqns.
I~ WITNESS WHEREOF, the parties have executed this Agreement
this
day of
19_,
Countersigned.:
CITY OF CLEARWATER, FLORIDA
.Rita Garvey
Mayor-commissioner
BY:
Michael J, Wriqht
city Manager
Approvad as to form and
Correctness:
AttQQt:
M.A. Galbraith, Jr.
city Attorney
Cynthia E. GOUdeaU
city Clerk
. -<ii..:.~ .
Oct. 11 '93 16:45
~ RICHARDS,GILKEY P.A.
TEL 813-446-3741
P. 9
ATRIUM AT CLEARWATER, LTD., a
Florida limited partner.hip
BY: ATRIUM AT CLEARWATER, IHC.,
General Partner
BY:
President
Attest:
Secretary
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to take acknowledgements, MICHAEL J.
WRIGHT, RITA GARVEY and CYNTHIA E. GOUDEAU, as city Manaq8r, Mayor-
comalssioner and City Clerk, respectively of city of Clearwater, a
municipal corporation organized under the laws ot Florida, who are
personally known to me or who have produced
aa identification, and they are the perDons described 1n and who
executed the toregoing Right ot First Refusal and they acknowledged
then and there betore ~8 that they executad the same aa .uch ottice
on behalt ot said city of Clearwater tor the purpolles therein
expressed; and that the Baid Right of First Refusal ia the act and
deed of said city of clearwater.
WITNESS my hand and ofticial Beal this ____ day of
, 1993.
Name:
Notary Public
coxnmission No.
My Commission Expires:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
mo, an officer duly authorized to take acknowledgements,
, as President ot Atrium at Clearwater, Ino.,
as General Partner of Atrium at Clearwater, Ltd., a Florida limited
partnerShip, who is personally known to me or who has produoed __
as identitioation, and he is the person
described in and who executed the foregoing Right ot First Refusal
and he acknowledged then and there before ~8 that he executed the
same as such ottice on behalf ot said partnership for the purpose~
thcr&1n expressedl and that the said Right ot F1r.t Refusal i. the
act and deed ot said partnership.
WITNESS my hand and otticial seal this ____ day of
, 1993.
,.:
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Nallle:
Notary Publio
commission No.
My Commission Expires:
EGP:rm
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RECEIVED
OCT 1 It 1993
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POST OFFICE BOX 4748
C LeA R W ATE R. F LOA I D A 3 4 6 1 8 . 4 7 4 8
Office of
City Attorney
(813) 462-6760
Fax (813) 462.6426
October 14, 1993
Mr. Albert N. Justice
19329 U. S. 19 North, suite 100
Clearwater, Florida 34624-3156
Copy via FAX to 530-4004
(Original not mailed)
Walter J. "Rusty" Mackey, Jr., Esq.
1601 Forum Place, suite 805
West Palm Beach, Florida 33401
Copy via FAX to 407-684-9484
Re: Sun Bank/Atrium Building Sale
Dear Al and Rusty:
Here is the latest draft of the addendum to the sale-purchase
agreement, identified by today's date in the top right corner of
page 1, with the changes made as described in yesterday's letter
from me to you and a few more described below. I am shipping a
hard copy of the addendum, the latest draft of the contract (with
only the one change in paragraph 2 that I mentioned yesterday), and
a floppy disk with both of those documents on it to Rusty by
overnight mail. The latest changes to both documents are coded, as
usual.
Regarding the interest rate, our bond counsel has indicated to me
that we have more flexibility than I thought we had as late as
yesterday. The only real test is whether the interest rate is at
least as high as the applicable federal rate. By coincidence, the
federal rate for mid-term debt is equal to uprime minus one," which
is where we started from. Accordingly, I have changed the interest
rate provision to require a rate equal to the applicable federal
rate for mid-term debt.
Also, Rusty suggested payments less often than monthly. Finance
Director Dan Deignan has concurred on the grounds that the
accounting will be simplif ied. He also suggested that the interest
rate be fixed for the balance of the indebtedness rather than
making the rate adjustable, for the same reason, and so I have
rewritten paragraph 2 to provide for semi-annual payments and a
fixed interest rate.
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I have left unchanged the language for the appraisal of the
property east and south of the garage, on the belief that the
appraiser should be allowed to select the methodology the appraiser
deems appropriate.
I have not re-inserted the language regarding the commitment of the
eRA to spend money to beautify and create park areas between the
office building and the garage, because the feedback I have so far
is a definite "no."
Rusty has a couple of comments regarding the option to purchase the
balance of the garage and the right of first refusal on the police
station, and he will be communicating them directly to Emil.
Sincerely,
M-
M.A. Galbraith, Jr.
City Attorney
MAG:a
Copies to:
Mayor and City commission
Michael Wright, city Manager
cynthia E. Goudeau, City Clerk
Emil pratesi, Esquire (by hand delivery)
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October 14. 1993
ADDENDUM TO SALE-PURCHASE AGREEMENT
This Addendum to Sale-Purchase Agreement is executed as of October ,
1993, as an addendum to the Sale-Purchase Agreement executed as of the same date
by and between the CITY OF CLEARWATER, FLORIDA C'City" or "Seller"), and ATRIUM
AT CLEARWATER, LTD., A FLORIDA LIMITED PARTNERSHIP ("Purchaser"), to which the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA ("CRA"), has
joined insofar as the Sale-Purchase Agreement affects property or obligations of
the CRA. The provisions hereof shall govern in the event of an conflict between
this Addendulll and the Sale-Purchase Agreement. The provisions hereof which
remain executory at the time of closing on the sale and purchase of the Sun
Bank/Atrium Building shall survive closing and shall continue as obligations of
the parties to this instrument.
In consideration of the mutual covenants and agreements set forth in
the Sale-Purchase Agreement and in this Addendum thereto, the parties agree as
follows:
1. SUN BANK/ATRIUM BUILDING: The Buyer1 will purchase from the Seller2
the building and the top two floors of the parking garage and air space above3
for $6,450,000, lias is," cash at closing, all closing costs to be paid by Buyer.
The Buyer shall pay to the Seller a deposit in the amount of $100,000.00 at the
time of execution of the Sale-Purchase Agreement and this Addendum, as provided
in Paragraph 2 of the Sale-Purchase Agreement. This conveyance will include the
right to construct on top of or to cover the fourth floor, the right to construct
a security gate at the begin~ing of the access ramp leading from the second floor
to the third floor, the right to construct a security entry or gate at the entry
or elevator to the elevated pedestrian walkway over Park Street, an easement to
permi t the cant i nued ma i ntenance of the wa 1 kway over Park Street, and an
assignment of the amount held in escrow by Maria Real Estate for the repair of
the pedestrian walkway. A joint use easement agreement will be prepared for the
Buyer's and Seller's joint use, maintenance and operation of the garage which
shall expire when and if Buyer purchases the remainder of the garage.
2. PARKING GARAGE. Buyer will buy an option to purchase the parking
garage (the first two floors, the ground below, and the air above). The option
consideration will be $50,000.00. The Seller shall give a credit to Buyer in the
amount of $50,000.00 against the purchase price at closing if the option is
IIlBuyer" means Atrium at Clearwater, Limited, a Florida limited partnership,
of which Atrium at Clearwater, Inc., a Florida corporation, will be the general
partner, or an assignee of Atrium at Clearwater, Limited, which shall be a Walter
T. Krumn enterprise a~d not an entity which may claim tax-exempt status for the
property.
2lSeller" means the City of Clearwater, Florida (the "City"), with
reference to the Sun Bank/Atrium building, the top 2 floors of the parking
garage, and the police station.
3Conveyance of any part of the air space above the air space containing the
top two floors of the garage requires a deed from the Community Redevelopment
Agency of the City of Clearwater, Florida (the "CRA").
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exercised and Buyer completes the acquisition. The option consideration shall
be nonrefundable and may be used by the Seller as Seller sees fit. The term of
the option will be two years from the date of closing on the Sun Bank/Atrium
building. The purchase price of the parking garage will be the current appraised
value to be determined prior to closing, but not more than 6 months prior to
Buyer's written notice to Seller of Buyer's intent to exercise the option
closing., with the appraisal to be obtained by Buyer from the City's list of
approved appraisers attached hereto as Exhibit A. Closing shall be obtained
within 90 days following Buyer's written notice to Seller of Buyer's intent to
exercise the exercise of the option. The terms of the purchase shall be as
follows: The $50,000.00 credit shall constitute part of the down payment at time
of closing with 20 percent of the total purchase price being due at closing as
the down paYlnent (including the $50,000), with the balance to be paid in semi-
annual installments menthly in accordance with a 20-year amortization schedule,
with the first payment due on the first day of the seventh month following the
month in which closing occurs but with the principle balance due and payable on
the fifth anniversary of the date of closinq first scheduled payment date, at an
annual interest rate equal to of IIprimcll or the New York prime rate as publi~hed
~n the Wall Street Journal on the date the option is exercised, or the applicable
federal rate for mid-term debt as determined by the Internal Revenue Service for
the month in which closinq occurs. which rate shall be fixed for the term of the
indebtedness I if higher than the prime rate, per annum, secured by a first
mortgage on the property. In the event J range of prime rates is published in
the Hall Street-Journal, the midpoint of su-ch range shall be used. The interc~t
ra-t-e and payment amount sha 11 be adjusted annua lly as of each ann i versary of the
date of exercise of the option, based upon increases or decreases in the prime
rate. Buyer is entitled to an option for leasing 48 parking spaces on the first
two floors of the garage at an annual rental rate equal to 75 percent of the
annual rate (12 times the monthly rental) to be charged for reserved parking
spaces in Buyer's portion of the garage, for the balance of the IS-year term,
said rental rates to be computed as set forth in the Maintenance and Operation
Agreement for the Park Street Garage entered into between Mack Clearwater Limited
Partnership and the City on January B, 1990.
3. POLICE STATION. The Buyer will have a right of first refusal, as
distinguished from an option, on the police station, giving to Buyer the right
to match the highest competitive bid at or above the appraised value of the
property.4 If the City receives a bid which the Buyer is unwilling to match,
this right shall expire upon the closing of the other bidder's offer. The r.ight
of first refusal will have an indefinite term ,commencing from the date of closing
on the Sun Bank/Atrium building but expiring upon the sale of the Sun Bank/Atrium
building by the Buyer. If the City abandons the use of the police station as a
police station or other public use, then Buyer may request the City to advertise
the police station for sale (as IIsurplusll),.with any such purchase offer to be
equal to or greater than the fair market value of the police station property
according to an appraisal to be obtained by Buyer from the City's list of
4Because the po"lice station is City property and not CRA property, the sale
of the police station is subject to the City Charter requirements to declare the
property surplus and to sell to the party submitting the highest competitive bid
at or above the appraised value. See Section 2.01(d)(4), City Charter. A right
of first refusal will permit Buyer to match the high bid, or waive that right,
at his election.
2
I approved appraisers attached hereto as Exhibit A ~ be performed by one of the
appraisers on the list of Approved Appraisers.
4. SPACES AROUND GARAGE. The land occupied by the ground-level parking
spaces on the east and south sides of the garage is part of the real property on
which the garage is located and is subject to and part of the Buyer's option to
purchase the garage. The number of park i ng spaces sha 11 be determi ned by
reference to the survey of the property.
(1) If the option to purchase the garage is not exercised, the property
will remain eRA property and the City will continue to have the right to use the
spaces for parking for City purposes without charge.
(2) If the option to purchase the garage is exercised, and if the police
station has not been relocated as of the closing on the purchase of the garage:
The Se 11 er sha 11 reta in an eas~ment to permi t acces s to,
maintenance, and use of the spaces for parking for City purposes
without rent for a term of 2 years after closing on the garage or
until such time as the police department is relocated, ~hichever
occurs ear 1 ier. (The Se ller does not represent that the po 1 ice
department will be relocated.) This same easement shall provide for
access to these spaces over the police station property, which
easement shall benefit Buyer and its invitees after the 2-year term
or whenever use of these spaces is granted to Buyer. Thus, there
shall be an easement created as a recorded encumbrance on the police
station property.
(3) If the option to purchase the garage is exercised, and if the police
station has been relocated at such time, the spaces shall be immediately
available to Buyer for Buyer's uses (with the easement over the police station
property) .
5. SPACES SOUTH OF ATRIUM BUILDING. The six parking spaces, more or
less, immediately south of the Atrium Building, will be "reconfigured" to permit
landscaping, provided that the access to the East-West alleyway is preserved and
maintained in its present location or in a substitute location if adjoining
property owners consent.
6. TAXES. With respect to the lease of parking spaces within the
parking garage, the Buyer shall pay any sales taxes on the parking space rentals,
if any.5 .
7. APPRAISALS. In appraisin~ the value of the garage for the purpose of
determining the purchase price, the value of the "footprint" under the garage
shall be valued as improved and in use as a parking garage, including the value
of the improvements, reduced by the proportion that the number of parking spaces
then owned by Buyer (the spaces on the third and fourth floors and the spaces on
the ramp leading from the second floor to the third floor) bears to the total
5The state sales tax on the lease or rental of real property or on the lease
or rental of parking spaces in garages may apply; see Sections 212.03(6) or
212.031, F.S.
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number of parking spaces in the garage, counting all lawful spaces for vehicles
in existence on the date of closing on the purchase of the Atrium Building. The
value of the portion of the property east and south of, the garage, improved by
parking spaces and driveways or portions thereof, to the eastern and southern
boundaries of the garage property shall be determined separately and included in
the purchase price together with the value of the garage "footprint" and
improvements thereon as described above.
Countersigned:
Rita Garvey
Mayor-Commissioner
Approved as to form
and correctness:
M. A. Galbraith, Jr.
City Attorney
.. Attest: '.
By:
. Attest:
. Jacqualyn DeGray, Secretary
SELLER:
CITY OF CLEARWATER, FLORIDA
By:
MTChael J. Wright
City Manager
Attest:
cynthia E. Goudeau
City Clerk
PURCHASER:
ATRIUM AT CLEARWATER, LTD.
BY: ATRIUM AT CLEARWATER, INC.,
A GENERAL PARTNER
By:
President
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By:
Arthur X. Deegan, II
~hairperson
By:.
Peter Gozza
Executive Director
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M E M 0 RAN 0 U M
FROM:
The Honorable Mayor and Members of the City Commission
M. A. Galbraith, Jr" City Attorney 4-
Sun Bank/Atrium Building Sale;
Contract and Closing Schedule
TO:
RE:
DATE:
October 20, 1993 [CORRECTED **]
We now have a contract for you (and the eRA) to vote on when you meet tomorrow
night, and a copy is enclosed.
In addition to these documents, I enclose a memorandum from Special Counsel Emil
Pratesi outlining changes made to the option to purchase and the right of first
refusal agreements, and his comments thereon. **COPY ENCLOSED
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Closing date and deposit. Novelnber 30 is the closing date, but November 10 is
the elate by which certain documents listed in paragraph 8 of the Addendum are to
be assembled, after which the buyer has given himself until November 19 to verify
various conditions and give the City notice that the buyer intends to close. In
the meantime, the deposit will be held by the Justice Corporation, but is not "at
risk" until the buyer provides the notice to the City on or before November 19.
""'''''oNOTE: The placement of this paraqraph on paqe 2 of the oriqinal of this
memorandum was not intended to understate the s i qn if i cance of the depos it
provision. The City has not received the deposit. and will bear the risk of
havinq no contract and no deposit as late as November 19.
Exhibits. Not all of the exhibits are attached to this contract. The following
are to be furnished by November 10: The legal description of the land (Exhibit
A), the legal description of the air space (Exhibit B), permitted encumbrances
(Exh i b oi t C), the r'ent ro 11 (Exh i bit D), the agreement for access, contra 1 and
maintenance of the parking garage and walkway (Exhibit I), and the assignment of
rights under the escrow agreement for the repair of the walkway (Exhibit J), plus
the list of service contracts affecting the premises (Schedule 1) and the list
of pending actions or investigations (Schedule 2).
Obviously, Exhibits A and B are unchanged, and there will be minimal or no
change in Exhibits C and 0 and in "".*Schedule 1 .&fficdulc 2. Exhibit J will be a
simple assignment form. Exhibit I could not be drafted by us because we have not
seen wllat the buyer wants that is not already included in an existing agreement.
That leaves Schedule 2, which will necessarily include your letter to the Florida
Attorney General asking for an opinion.
Later today, I wi 11 draft a p pro p r i ate res 0 1 uti 0 n s for the C i t Y Co mm i S 5 ion and the
CRA approving this transaction, SUBJECT TO certain changes in the contract:
1. De 1 ete paragraph 9 ("Cap i ta 1 Improvements II) from the Addendum.
2. In the option to purchase, delete the provision that the note will
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be a nonrecourse note.
3. In paragraph 3(d) of the Sale Purchase Agreement, require that the
buyer will reimburse the City for our cost of inventory of useable su~plie~ u$ed
in operat i ng the prellH ses and located at the premi ses. *'kNOTE: As I stated
earlier. I consider this issue to beinsiqnificant, and the contract is now
consistent with the terms by which we bouqht the buildinq. The draft resolution
will not include this chanqe.
These reso lut ions may be amended before they are adopted. If you have any
questions or suggestions for amending the resolutions, please give me a call.
MAG:a
Enclosures
Copies:
Michael Wright, City Manager
Emil Pratesi, Esquire
Rusty Mackey, Esquire
Albert N. Justice
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MEMORANDUM
FROM:
M. A. Galbraith, Jr.
Emil G. PratQ$i
:y
TO:
"
RE:
option to Purohase & Right of Fir$t Refu$al
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DATE:
October 19, 1993
The following rapresent$ changes that were made to the option
to Purchase and Right of First Refusal at the request of Rusty
Mackey.
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I. RIGHT OF FIRST REFUSAL
A.
Name of Buyer changed to add "and/or Walter Krumm
Ventures Incorporatedtl. Please note that AtriuIl\ a.t
Clearwater Limited is not a legal entity and therefore
do~s not have any capacity to enter into the contract.
I suggest WQ strike the partnership name trom the final
Aqr~ament.
B. Paragraphs 3 and 4 have been mo~it1ed to indioate that
the property will be sold to the bidder "at or above" the
appraised value.
D.
Paragraph 6 has been expanded to permit conveyance ot t.he
general partners interest to Wal tar T. Krumm without
terminating the rights of the Buyer.
c. Paragraph 4 has been expanded to indicate that Buyer'S
rights terminate in the event Buyer fails to exercise the
option and city clos8s with a third party.
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E. Paragraph 8 has been expanded to permit assignment to
Walter T. Krumm.
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F. Paragraph 9 is new and was inserted at my request. The
paragraph shifts all costs to tha Buyer in connection
with the costs associated with the transaction.
G. Paragraph 10 was $xpanded to rOpr$S9nt the powar and
authority of the city to entar into .thQ A9r~em9nt.
H. Paragraph 11 is new and references the easement to be
granted referred to in the addendum.
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Ocl. 19 '93 14:52
0000 RICHARDS, G I LKE'( P. A.
TEL 813-446-3741
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II. OPTION TO PURCHASE
A. Walter T. Krumm Ventures, IncorporatGd haa been added as
a Buyer. Same comments as I.A. abov.
B. Paragraph 5 was changed to state the appraisal would be
by one of those appraisers listed on Exhibit "C" rather
than "acceptable to the city of Clearwater".
C. paragraph 6 was amended to say the Buy.ar "presently owns
or will own at the closlnq of the property described in
Exhibit "B" own". Additionally, the paraqraph was
amended to provide the Buyer would pay 48.16\ of the
appraised value of the garage and land undQr the garage
to the city as the purchase price for the parking .paces
owned by the C~A within the garage and land located on or
under the footprint of the garage on the property
described in EKhibit "AU to be acquired by the Buy.r.
D. Paragraph 9 was amended to makG the note a non-recourse
obligation if tha Buyer also owns the Atrium Building.
This is a Qigniricant change since upon a default in a
non-rQoourSQ obl igation the only remedy thQ CRA would
have would be the foreclosure of the mortgage. The eRA
coulc1 not seek a money judgment and proceed 8qainst other
a~sets of the Buyer.
E. Paragraph 12 wafl amended to add a 1:epresentation that the
CRA had the authority to $nter into the Agreement and
con~umrnat~ the transaction.
F. Paragraph 15 was amended to permit the Assignment ot the
Agre.ement to an entity wher$in Walter T. Krunun is a
principal.
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M E M 0 RAN DUM
TO: The Honorable Mayor and Members of the City Commission
FROM: M. A. Galbraith, Jr., City Attorney~
RE: Sun Bank/Atrium Building Sale;
Contract and Closing Schedule
DATE: Octobe~93
We now have a contract for you (and the CRA) to vote on when you meet tomorrow
night, and a copy is enclosed. This includes the final redraft of the outl ine of
a memorandum of understanding, which is now the Addendum to the agreement. In
addition, we have an option to purchase agreement for the remainder of the garage
(requires eRA approval) and a right of first refusal agreement for the police
station (requires City approval); the forms of both are attached to the Addendum.
In addi t ion to these documents, I enc lose a memorandum from Spec ia 1 Counse 1 Emi 1
Pratesi outlining changes made to the option to purchase and the right of first
refusal agreements, and his comments thereon.
As in the earlier drafts, changes are coded like this to show you changes since
the last draft you saw. However, the Addendum includes some coding which you saw
in the last version.
The most significant changes are these:
1. In the Addendum, they have re-inserted a paragraph calling for the
CRA to commit to spending $150,000.00 on capital improvements to the area between
the office building and the garage for beautification, reconfiguration,
landscaping and park areas (see paragraph 9).
2. In the Option to Purchase, which is Exhibit I to the Addendum, they
have provided that the note will be IInonrecourse,lI which means the City' s options
in case of default would be limited to an action against the property
(foreclosure) rather than against the debtor (such as an action for a money
judgment) (see paragraph 9, on page 3 of the Option to Purchase).
In addition, they have made substantive changes to the contract which are of
relatively lesser significance:
1. Once we deliver the Lease Assignment, the City will have waived the
right to seek a judgment against any of the tenants for arrearages (see paragraph
3( b)) . '
2. After closing, the buyer will not sue to collect such 'arrearages as
may exist as of the date of closing (see paragraph 3(b) and (c)).
3. The buyer will not reimburse the City for our cost of inventory of
useable supplies used in operating the premises and located at the premises (see
paragraph 3(d)). (As a matter of fact, we made no such reimbursement to the
seller when the City bought the building, although they originally asked that we
credit them in the amount of $81,082.00--most of which was for a collection of
doors that we did not want--so this is an insignificant change.)
I dent it y of Bu yer. The buyer is Ha 1 ter T. Krumm Ventures, I nc., the or ig i na 1
bidder, or its assigns. The limited partnership has not yet been formed. (The
first footnote in the Addendum continues to require that the assignee will not
be an entity which may claim tax-exempt status.)
ClosinQ date and deposit. November 30 is the closing date, but November 10 is
the date by which certain documents listed in paragraph 8 of the Addendum are to
be assembled, after which the buyer has given himself until November 19 to verify
various conditions and give the City notice that the buyer intends to close. In
the meantime, the deposit will be held by the Justice Corporation, but is not "at
risk" until the buyer provides the notice to the City on or before November 19.
Exhibits. Not all of the exhibits are attached to this contract. The following
are to be furnished by November 10: The legal description of the land (Exhibit
A), the legal description of the air space (Exhibit B), permitted encumbrances
(Exhibit C), the rent roll (Exhibit D), the agreement for access, control and
maintenance of the parking garage and walkway (Exhibit I), and the assignment of
rights under the escrow agreement for the repair of the walkway (Exhibit J), plus
the list of service contracts affecting the premises (Schedule 1) and the l;st
of pending actions or investigations (Schedule 2).
Obviously, Exhibits A and B are unchanged, and there will be minimal or no
change in Exhibits C and 0 and in Schedule 2. Exhibit J will be a simple
assignment form. Exhibit I could not be drafted by us because we have not seen
what the buyer wants that is not already included in an existing agreement. That
leaves Schedule 2, which will necessarily include your letter to the Florida
Attorney General asking for an opinion.
La ter today, I wi 11 draft appropr i ate reso lut ions for the City Commi ss ion and the
CRA approving this transaction, SUBJECT TO certain changes in the contract:
1 . De 1 ete paragraph 9 ("Cap i ta 1 Improvements ") from the Addendum.
2. In the option to purchase, delete the provision that the note will
be a nonrecourse note.
3. In paragraph 3(d) of the Sale-Purchase Agreement, require that the
buyer will reimburse the City for our cost of inventory of useable supplies used
in operating the premises and located at the premises.
These resolutions may be amended before they are adopted. If you have any
questions or suggestions for amending the resolutions, please give me a call.
MAG:a
Enclosures
Copies:
Michael Wright, City Manager
Emil Pratesi, Esquire
Rusty Mackey, Esquire
Albert N. Justice
4
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JUSfICE
CORPORATION
DELIVERY BY PACE MESSENGER
October 19, 1993
M. A. Galbraith, Jr.
City Attorney
2nd Floor
112 S. Osceola Avenue
Clearwater, FL 34616
Re: SALE OF THE ATRIUM AT CLEARWATER SQUARE
Dear Al:
Enclosed with this letter are the following documents:
1. Sale-Purchase Agreement between City
of Clearwater, Florida, Seller, and
Walter T. Krumm Ventures,
Incorporated, et aI, Purchaser.
2. Addendum to Sale-Purchase Agreement
noted above.
3. Escrow Agent Earnest Money Deposit
Receipt.
4. Copy of escrow deposit check and bank
deposit ticket.
It is my understanding that I am to appear at 5:00 P.M. on
Thursday, October 21, 1993 to formally tender this to the
City Commission. In the absence of any instructions to
the contrary, I will plan to attend that meeting. .
Thank you for your assistance in the consummation of this
transaction.
RECEIVED
OCT 1 9 1993
CITY ATTORNEY
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Alb t Justice, CPM, eRE
President
ANJ: lb
Enclosures
cc: Mike Wright, Clearwater City Manager
Walter J. Mackey, Jr., Esquire
19329 U.S. ] 9 North, Suite 100, Clearwater, Florida 34624-3] 56
Telephone: 813-531-4600 FAX: 813.530-4004
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CCtober 17, 1993
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S6J..E - F\.JlJ1C1SE JX;REBV8\IT
bet'Aeen
CllY a= CLEM^ATER, FLffiID\ (SELLER),
and
\^AL TEA T. I<R.MJ1 V8\JTLRES,
I f\.lIRFCPATID
:((]1 ITS ASSICNS, I~LLDIN3 BJT t{1f LIMITlD 10
A1RILM AT CLEM^ATER, LID.,
A FLffiI[)\ LIMITED PNm\EFS-IIP)
(R..RJ-IASER)
Including Joinder by
<IMJLN IlY REIl:\IEL.OM:NT /GN)( a= l1-E C IlY' a=
CLEPRI'ATER, Flffi I [)l\
Dated as of CCtober 17, 1993
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TPBLE CF CINTENTS
1 . Sale of Pranises
2. Purchase Price
3. Apportionients
4. Closing Date
5. Permitted EncUTbrances
6. Vi 0 I at ions
7. Representat ions and V\arrant ies
8. Closing Expenses
9. Docuaents to be Del ivered by Seller at Closing
10. Docuaents to be Del ivered by Purchaser at Closing
11. Tax Proceedings
12. As-Is
13. Broker
14. Access to Records
15. I\btices
16. Miscellaneous
, l ( i )
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Page
1
2
2
5
5
6
6
8
8
10
11
12
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TABLE a= 00 1 BITS /IN) SJ-Hl.LES
OOIBIT A
OOIBIT B
OOIBIT C
OOIBIT 0
OOIBIT E
legal Description of the land
lega I Desc r i pt i on of the Ai r Space
Permitted EncUTbrances
Rent Roll
, Form of Ass i gnrent and Assl.Ilpt ion
of Leases and Security Deposits
Assignrent and Assurption of COntracts
and Licenses
OOIBIT F
OOIBIT G
00181T H
OOIBIT I
Blanket COnveyance, Bi I I of Sale and Assignrent
Form of ~t ice to Tenants
/\greerent for kcess, COntrol, and lV8intenance of Parking
Ga r age and \!\B I kway
Assignrent of Rights under EscrON ~re8Tent for Repair of
\!\B I kv\ay Canopy
OOIBIT J
ffi-HlJLE,1
ffi-HlJLE 2 -
Contracts
Pending ktions
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TPBLE a= lXF I ND TER\IS
The fol IONing capital ized terms are defined in the respective sections of
the agre8Tent identified belON:
".Actions" - as such term is defined in Section 7(a)(v) of the~reerrent.
"Pddi t ional Rents" - as such term IS def ined in Sect ion 3(c) of the
Ag r eerren t .
"Agreerrent" - as such tenn is def ined at the outset of the ftgreaTent.
"Ai r Space" as such term is def i ned inSect i on 1 of the Agrearent.
"Air Space Irrprovarents" - as such term is defined in Section 1 of the
Agrearent.
"B i II of Sa I eU as such term is def i ned inSect i on 9( f) of the ,Agreerrent.
"Sui Idings" - as such term is defined in Section 1 of the ~reaTent.
"Carteret" - as such tenn is defined in Section 12(a) of the Agreerent.
"Carteret Lease" - as such term is defined in Section 12 of the Agrearent.
"Closing" - as such term is defined in Section 4 of the Agrearent.
"Closing Date" - as such term is def ined in Sect ion 4 of the Agreerrent.
"Closing StatEJ"rent" - as such tenn is defined 'in Section 9(n) of the
Perearent.
"Contracts" - as such term is defined in Section 9(c) of the Agreerent.
"Contract and License Agrearent" - as such term is def ined in Sect ion 9(c)
of the Agreerrent.
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"Deed" - as such term is defined in Section 9(a) of the Agreerrent.
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"Developrent .A{:Jrearentll - as such term is def ined in Sect ion 1 of the
Pgrearent.
"FIRPTA Affidavitll - as such term is defined in Section 9(k) of the
Pg r earen t .
"GJvernrenta I .ALJthor i ty" - as such tenTI is def i ned inSect ion 6' of the
Pgrearent.
"Land" - as such term is def i ned I n Sect ion 1 of the ftgrearent.
"Lease Assigrrrent" - as such term is defined in Section 9(b) of the
Agrearent.
"Leases" - as such term is def i ned inSect ion 7 (a) ( i i i) of the Agrearent.
"Licensesll - as such tenn is def ined in Sect ion 9(c) of the Agrearent.
"Pemlitted EncUThrances" - as such term is defined in Section 5(a) of the
Pgrearent.
"Personal Property" - as such term is def ined In Sect ion 1 of the
Pgrearent.
"Project Infonration" - as such term is defined in Section 12(a) of the
Pgrearent.
"Purchase Price" - as such term is defined in Section 2 of the Agrearent.
"Purchaser" - as such term is def i ned at the outset of the Agreerrent .
"Purchaser's D:>curents" - as such term is defined in Section 7(b)(ii) of
the Agreerent.
"Real Propertyll - as such term is defined in Section 1 of the Agreerrent.
, (iv)
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"Se II er" - as such tenn is def i ned at the outset of the AgrelITent.
as such tenn is defined in Section 7{a){iii) of the
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"Realtor". as such term is defined in Section 13 of this Agrearent.
"Seller's [X>cLn-ants" - as such term is defined in Section 7(a)(ii) of the
, Pgre6l13nt .
"Ti tie CmmitJrent" . as such term is def ined in Section 5(b) (i) of the
Agre6l13nt.
"Ti tie Carpany" . as such term IS def ined I n Sect ion 5(b) (i) of the
Agre6l13nt .
"Violations" - as such term is defined In Section 6 of the ,AgreeTent.
(v)
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SA.L.E - A.RJ-IASE KRE8V8\If
This Sl\LE-A.RJ-IASE ~8VI3\1T ("AgreElTBnt") is dated as of the
day of Q:;tober, 1993, be1.v\een the CllY a= CLEPR.fIt\TER, FLffiI[)l\ (hereinafter the
"Sellerll), and \^ALTER T. Kf.lMII VENTlRESL. INJ:RFCRl\TBJ, an Olio corporat ion, or
its assigns (as permitted hereinl including but not I irnited-1Q the_ATRILM AT
CLEAAMTER, L 10., A FLffiI[)l\ L IMIT8) P.ARTN:RS-U P (here i nafter the "Purchaser ") ,
to V\hich the CIMANllY RffBJELaNENf KB\CY a= ll-E CllY a= CLE.AfVATER, FLffi I I::Y\,
joins to the extent that this Agrearent affects the property and the obi igations
of said KB\CY.
WIT N E SSE T H:
WEREAS, Se II er is the OJ\4ler of the PrEmi ses (as def i ned inSect ion 1)
located at 601 Cleveland Street, Clear\M.1ter, Flor ida, and ccmmnly knOJ\A1 as the
"Atr iun at Clearwater &1uarell or as the IlSun Bank Sui Iding;" and
WEREAS, Seller and Purchaser desire to enter into an agreEJTent ~ereby,
subject to the terrrs and conditions contained herein, Seller shall sell the
Pranises to Purchaser and Purchaser shall purchase the PrEmises franSeller.
NlV, THERERORE, in consideration of Ten Dollars ($10.00) and the rrutual
covenants and agreEJTents hereinafter set forth, and intending to be legally bound
hereby, it is hereby agreed as follONS:
1. Sale of Pranises.
Seller agrees to sel I and convey to Purchaser, and Purchaser agrees to
purchase franSeller, at the price and upon the term:; and conditions set forth
in this AJreETrent, al I those certain plots, pieces and parcels of land located
in the Ci ty of Clearwater, County of Pinellas and State of Flor ida, as rrDre
particularly described in Exhibit "A" annexed hereto andrrade a part hereof (the
~ "Landll), together with (i) all those volures of air space located in the City of
Clearwater, County of Pinellas and State of Flor ida, descr ibed on Exhibi t IIBII
annexed hereto and rrade a part hereof (collect ively, the IIAi r Space"), (i i) all
bui Idings and other irrprovarents situated on the Land (collectively, the
"Buildingsll), (iji) all right, title and interest of Seller in and to all
buildings and other irrprovEJTEnts situated in the Air Space (collectively, the
"Air Space IrrprovEJTEnts"), (iv) all right, title and interest of Seller in and
to a II easerents, rights of way, reservat ions, pr i v i leges, appur tenances, and
other estates pertaining to the Land and the Sui Idings including, wi thout
limitation, the right, title and interest of Seller under the Developrent
Agrearent dated as of July 14, 1983, and recorded in Official Records Book 5868,
Page 1530, of the publ ic records of Pinellas County, Flor ida (the "Developrent
Agrearent"), (v) all right, title and interest of Seller, if any, in and to the
fixtures, rrachinery, equiplBnt, suppl ies and other articles of personal property
attached or appurtenant to the Land or the Bui Idings, or used in connection
thereNith (collectively, the "Personal Property"), (vi) all oi I, gas andmineral
r i gh t s 0 f Se I I e r, i f any, i nand tot he Land, (v i i) a I I r i gh t, tit I e and i n t e r es t
of Seller, if any, in and to the trade nares of the Bui Idings, and (vi i i) all
right, title and interest of Seller, if any, in and to all strips and gores, all
alleys adjoining the Land, and the land lying in the bed of any street, road or
avenue, opened or proposed, in front of or adjoining the Land to the centerl ine
thereof, and all right, title and interest of Seller, if any, in and to any aNard
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rrade or to be rrade in I ieu thereof and in and to any unpaid aAard for any taking
by condemation or any daTIlges to the Land or the Sui Idings by reason of a change
of grade of any street, road or avenue (the Land, together wi th all of the
forego i ng i taTS listed in clauses (i) through (v i i i) above be ing he re inafter
saretirres collectively referred to as the "Pranises;" the Land and Air Space are
saretirres collectively referred to herein as the "Real Property").
2. Purchase Pr ice.
..
The purchase price to be paid by Purchaser to Seller for the Prenises (the
"Purchase Price") is $6, 450,CXX>.OO, payable in lJlited States COllars at the
Closing (plus or minus the prorations and adjustrrents speci f ically provided
herein) by vvire transfer of i~diately avai lable funds to such bank account in
the Uli ted States as Seller shall designate.
TIle Buyer shall pay to the Seller a deposit in the amunt of $100,(X)().OO
at the tirre of execution of the Sale-Purchase ~reBTent, to be held in escrON
according to the terrrs of this Sale-Purchase AgreEJTEnt and the PddendUJl attached
hereto by The Justice ())rporationwith an address of 19329 U.S.--.L9 r'-brth, Suite
100, Clearwater, Flor ida, 34624-3156-Lllereinafter refer red-1o-.1!s the "E9:RYV
tG:NT"L and credited in full against the purchase pr ice at the tirre of closing.
In the event Buver shall have satisfied itself.-ill the conditions referred-1.o-1n
paragraph 8 of the Addendun and-1D the event_of fai lure of perforrrBnce by the
Buyer thereafter through no faul t on the part of Se II er, the deposi t shall be
nonrefundabl e and tray be used by Se II er as Se II er sees fit, and sha II be reta i ned
by Seller as liquidated darages, consideration for the execution of this
contract, and in full settlerent of any clairrs, \/\hereupon Buyer and Seller shall
be rei i eved 0 f a I I ob I i ga t ions unde r t his con t r ac t-t-er Sc I I c r, ;) t Sc I I c r ' G
el3+t-eR,--fTBy-p-reeeeEi-at--+aN-a--r--i-A-e€fui-ty-4e-eRfa-ree-Se+l-e-r' s I e€Ja I right s uA€l-e-r
tfH-s-eefTt-rae-t. If, for any reason other than failureof Seller ton"Eke Seller's
title rrarketable after di I igent effort, Seller fai Is, neglects or refuses to
perfonn this contract, the Buyer rray seek specific perforrrEnce or elect to
receive the return of Buyer's deposit without thereby waiving any action for
dcrrages resulting frOll Seller's breach.
3. ApportionlBnts.
(a) The follONing shall be apportioned betv\.€en Seller and Purchaser
at the Closing as of midnight of the day preceding the Closing Date:
(i) prepaid rents and Additional Rents and other aTOunts payable
by tenants, if, as and~en received;
(i i) real estate taxes andV\ater and SMer charges (unlessrretered),
if any, on the bas is of the f i sea I yea rs, respect i ve I y, fo r vJ-1 i ch serre have been
assessed, at the greatest discount for early pa~nt avai lable, except if the
Closing shal I occur before the rate is fixed for the then current fiscal year,
the apport iOnIBnt shall be based upon the lax rate for the next preceding fiscal
year, the apportionrent shal I be based upon the tax rate for the next preceding
fiscal year, at the grea[est discount for early pa\ITT3nt avai lable;
(i i i) charges and payrents under the Contracts;
2
(viii) permittedadllinistrativecharges, if any, on tenants' security
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(iv) any prepaid itBTB, including, without I imitation, fees for
I icenses ~ich are transferred to Purchaser at the Closing;
(v) utilities, including, without limitation, vvater and seJ\er (if
rretered), telephone, electricity and gas (if applicable), on the basis of the
rrost recent Iy issued bill s therefor, subj ect to adj uslrrent after the CI os i ng \^.hen
the next bi lis are avai lable, or if current rmter readings are avai lable, on the
basis of such readings;
{vi} personal property taxes, if any, on the basis of the fiscal
year for V\h ich assessed;
(vi i) Seller's share, if any, of al I revenues frOTI the operation of
the Pr8T\ises other than rents and ,Additional Rents (including, without
I imitation, parking charges, and telephone booth and vending rrachine revenues),
if, as and ~en received;
depos its;
(ix) sales taxes on rents and other charges payable by tenants, if,
as and \/\hen rece i ved; and
(x) such other itmo as are custcrmr i Iy apport ioned betv\.€en sellers
and purchasers of office bui Idings located in the City of CleanNater, Florida.
(b) Any rents received by Purchaser or Seller fran tenants after 0
the Closing shall be applied to a1Dunts payable by tenants for the follONing
per iods in the follOJVi ng order of pr ior i ty: (i) rents v\.h i ch \1\ere due and payabl e
30 days or less than 30 days before the Closing occurred shall be prorated
bew.een Se II e r and Purchase r; and (i i) rents V\h i ch V\.€re due and payab I errore than
30 days before the Closing occurred shal I be paid to the Purchaser; provided,
hOJ\.ever, that if rents are OJ\ed to Seller's predecessor in title by reason of the
covenants and condi t ions of the Sale-Purchase ftgreEJTent bebJ\een Seller and
Seller's predecessor in title, the appropriate SUll, less a proportionate share
of any reasonable attorneys' fe~s and costs and expenses of collection thereof,
shall be prcrrptly paid to the Seller's predecessor in title, \/\hich obi igation
shall survive the Closing. If rents or any portion thereof, received by Seller
or Purchaser after the Closing are payable to the other party by reason of this
allocation, the appropriate sun, less a proportionate share of any reasonable
attorneys' fees and costs and expenses of collection thereof, shal I be prarptly
paid to the other party, Vlhich obi igation shall survive the Closing. Del ivery
of the Lease Assignrent (as def ined in Sect ion 9(b)) shall -Aet- canst i tute a
waiver by Seller of the right to seek a personal judgrent against any tenant for
arrearages. Purchaser agrees to use al I reasonable efforts in collecting such
past due aTOunts after the CI os i ng, and_-prev-Hie6-AeAeVe+; Purchaser sha II not-ee
-r-e€tlf i r cd to ccmrence any I ega I act ion..19 co II ect-E!JY such ar rear ages as flay ex i st
at Closing.
(c) If any tenants are required to pay percentage rent, escalation
charges for real estate taxes, parking charges, operating expenses and
rraintenance escalat ion rents or charges, cost-of-I iving increases or other
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charges of a similar nature ("Mditional Rents") and any Mditional Rents are
collected by Purchaser after the Closing Date, then Purchaser shall prarpt Iy pay
to Seller out of the fi rst such SUTS received the arount of al I Mditional Rents
~ich are due and payable by tenants with respect to any period prior to the
Closing Date, less a proportionate share of any reasonable attorneys' fees and
costs and expenses of co II ect i on thereof, V\h i ch ob I i gat ion sha II surv i ve the
Closing. Del ivery of the Lease Assignrent shall -nat canst itute a \/Vaiver by
Seller of the right to seek a personal judgrent against any tenant for
arrearages. Purchaser agrees to use al I reasonable efforts in collecting such
past due amunts after the Closing, and-pfev-ieee-ha.tveVe-r, Purchaser shall not-ae
f-€ElU i r cd te-ccmrence any I ega I ac t ion l.9 co I I ec t-1!QY such a r rea rages as IIEY ex i s t
as of Closing.
(d) 91--t-he--GI-es-i-A€f-9ate, Purchaser shall not reirrburse Seller
separately for Seller's cost, including the cost of any taxes, of inventoryof
useable suppl ies currently used in the operation of the Pr811ises and located at
the PrEmi ses.
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(e) I f there is a \/Vater rreter on the PrETnises, Seller shall furnish
a read i ng to a date not IIOre than t\i\O days pr ior to the CI os i ng Date, and the
unfixed vvater charges and S8J\er rent, if any, based thereon for the intervening
t irre shall be apport ioned on the basis of such last reading.
(f) I f any of the i tElT6 subject to apport ionrent under the
foregoing provisions of this Section 3 cannot be apportioned at the Closing
because of the unavailability of the inforrration necessary to carpute such
apportionrent, or if any errors or anissions in cOIputing apportionrents at the
Closing are discovered subsequent thereto, then such itEJT6 shall be reapport ioned
and such errors and crnissions corrected as soon as practicable after the Closing
Date and the proper party reirrbursed, V\hich obi igat ion shall survive the Closing.
The foregoing notwi thstanding, there shall be no readjustrrent for real or
personal property taxes fol IONing the Closing.
(g) If, on the date of this .A{Jreerrent, the PrEmises or any part
thereof shall be affected by any asseS9Tent or assessrents v\.hich are or rray
becare payable in installrrents, of V\hich the first installrrent is nON a charge
or I ien, or has been paid, then (i) Seller shall be obi igated to pay all
installn--ents of any such asseSSTBnt \l\.hich are due and payable prior to the
Closing Date, and (i i) for the purposes of thi s .A.grearent, all the unpaid
i nsta Ilrrents of any such assessTEnt \fl.h i ch are to becare due and payab I e on or
af te r the CI os i ng Date sha II not be deared to be I i ens upon the Prani ses and the
payrent thereof sha II be assLIred by Purchaser wi thout abatarent of the Purchase
Price. As of this date Seller has no knONledge~-2IlY actual---2.f planned
assessrents except as IIEV be disclosed in the Title Canmitrrent-19 be del ivered
to Buyer prior to NbvaTber~ 1993.
4. Closin~ Date.
1he del ivery of the Deed (as def ined in Sect ion 9(a)) and the consLmrat ion
of the transactions contaTplated by this Agrearent (the "Closing") shal I take
place at the offices of Richards, Gilkey, Fite, Slaughter, Pratesi~\J\ard, P.A.,
at noon on t-bvEJTber 30, 1993 ,_-eA-#le-datc he-ree-f (the "CI os i ng Date")
4
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5. Pe rrni t ted EncuTbrances.
(a) Seller shal I convey and Purchaser shal I accept title to the
Pranises subject only to those rratters set forth on Exhibit "e" annexed hereto
and rrade a part hereof (collectively, the "Pemitted EncUTbrances").
(b) If on the Closing Date there exist any I iens or encUTbrances
V\.hich Seller rrust payor discharge in order to convey to Purchaser such title as
is herein provided to be conveyed, Seller rray use any portion of the Purchase
Price to satisfy the sare, provided:
(i) Seller shall del iver to Purchaser or the Title Ccrrpany, at the
Clos i ng, i nst rUTents in recordab Ie fonn and suff ic i ent to sat i sfy or re I ease such
I iens and encUTbrances of record together vvith the cost of recording or fi ling
said instrurents; or (i i) The Ti tie O:npany shall agree to uncondi t ionally delete
any such I i ens or encUTbrances f ran the cOl1mi trrent for an OMler' s fee tit Ie
insurance po I icy in the arount of the Purchase Pr ice wi th respect to the Rea I
Prope r ty (the "T it Ie Ccnmi trrent ") issued by
(the "T it Ie Ccrrpany"). The ex i stence of any such
I iens or encUYbrances shal I not be desxed objections to title if Seller shal I
carplywith the foregoing requirarents. Similarly, at Seller's election, unpaid
I iens for taxes, vvater and seJ\€r charges and assesSTents, V\hich are the
obi igation of 8e1 ler to satisfy and discharge shal I not be objections to title,
but the arount thereof, plus interest and penalties thereon, if any, cmputed to
the thi rd (3d) business day after the Closing Date, shall be deducted fran the
Purchase Price payable pursuant to Section 2, subject to the provisions for
apportiorTrent of taxes, vvater and seJ\er charges and assessrents contained herein.
(c) ftny f ranch i se or co rpor ate tax open, lev i ed 0 r irrposed aga i nst
Seller or other OJ\()ers in the chain of title that rray be a I ien against the Real
Property on the Closing ~te, shall not be an objection to title if the Title
Ccn'1Jany deletes SaTe fron the title pol icy issued pursuant to the Title
Ccmni trrent.
6. Violat ions.
Seller shall have no obi igat ion to ccrrplywi th, discharge or rerqve (a) any
conditions constituting violations of laNS, ordinances, orders or requiraTents
i sSlled by any govermenta I author i ty ("<?Dvernrenta I Althor i ty") havi ng
jurisdiction over the Real Property (or, v\.hich with the passage of tirre or the
giving of notice or both, \I\Ould constitute such a violation) ("Violations") or
(b) any notes or notices of Violations noted or issued by any Cove rnrent a I
.Author i ty v\.hether or not such cond it ion, note or not ice arose pr i or to or
subsequent to the date of this p{)rearent.
7. Representat ions and \J'..J3r ranti es.
(a) Seller represents and warrants to Purchaser as follOJ\tS:
5
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( i i) Se II er and the On1lTlJn i tv Redeve lament Pgencv-2..f the Ci tv~
CI earwater f F I or i da has the fu II I ega I right, pOJ\er and author i ty to execute and
del iver this AgremEnt and all docl1l13nts nON or hereafter to be executed by
Seller pursuant to this ~reEJrent (collectively, "Seller's [X)cunmts") I to
consmrrate the transaction contmplated hereby, and to perform its obi igations
under the Se II e r' s CXlcUTents;
(i) Seller is a duly fonred and validly existing rTUnicipal
corporation organized under the laJVS of the State of Florida, and has full pOAer
and authority to 0N1 the Pr811ises and to conduct its business thereon, as it is
being conducted, and is qual ified under the lavs of the State of Florida to
conduct business therein;
(i i i) to Seller's knONledge, there are no leases, I icenses or other
occupancy agre8T8nts affecting any portion of the Pranises (collectively, the
"Leases"), except for the Leases descr i bed on the rent ro II at tached hereto as
Exhibit "0" hereof (the "Rent Roll"). Seller represents to Purchaser that Seller
has agreed to no rmterial changes to the Leases except as rray be described in
Exh i bit liD" hereof. Purchaser acknONI edges that Sell er has I imi ted knONI edge of
the status of the tenancies affecting the Prenises and of the operations of the
Premises, and that except for the limited representations contained in this
Section 7(a)(iii), Purchaser is relying solely upon its 0J\Al inquiries, as
heretofore and hereafter conducted by Purchaser, to determi ne the terns,
condi t ions and status of all tenancies affect ing the Premises and of the
operations of the Pranises generally;
(iv) to Seller's knOJVledge, there are no Contracts affecting the
prEll1i ses except as set fo r th on Schedu I e 1 annexed her eto and rrnde a pa r t he reof; ,
(v) to Seller's knOJVledge, there are no pending actions, suits,
proceed i ngs or invest i gat ions to v\oh i ch Se II er is a pa rty or otherwi se af fect i ng
the Prenises before any court, C:Overnrental .Authority or otherwise with respect
to the Premi ses, and to Se I Ie r' s knONI edge, Se II e r has r ece ived no wr i t ten not ice
frOll any C?overnrental .Authority of any pending or threatened condamat ion of the
Prernises or zoning, bui Iding, fire or health code violations or violations of
other governrenta I requ i rETrents or regu I at ions wi th respect to the Pr611i ses, nor
to Seller's knONledge has Seller received any wri tten not ices frOll insurers of
defects in the PrEmises vJ1ich have not been corrected (collectively, "~tions")
except as set forth on Schedule 2 annexed hereto and rrnde a part hereof;
(vi) to Seller's knONledge, there are no oral leases or other oral
occupancy arrangBTents affecting any portion of the Pr611ises; and
(vi i) this Agre8Tent does not contravene any provision of the city
charter or ordinances of Seller, any judgrnnt, order, decree, writ or injunction
issued against Sel fer, or any provision of any existing law or regulation. ~1e
constJl1r8tion of the transactions contmplated hereby wi II not result in a breach
or constitute a default or event of default by Seller under any agre8YEnt to
\l'\hich Seller Of any of its assets are subject or bOllnd and wi II not resul t in a
violation of any applicable lavv, order, rule or regulation of fJny GJverrrrental
AJthor i ty.
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kly references to "Se II er' s knONledge" or V\Ords of s imi I ar irrport sha II be
I imited to the actual (as distinguished frOll irrpl ied, irrputed or constructive)
knONI edge of Mi chae I Wight and/or Peter Cozza, the actua I of f i ceQ) of Se II er
charged with thermnag6l13nt responsibil ity for the PrEmises, without inquiry or
investigation.
II
(b) Purchaser represents and ~rrants to Seller as fol I~:
( i) V\J:11 tel' T. Knnm Ventures, Incorporated as the_Purchaser
hereunder is a duly fonred and val idly existing corporation under the 1aJ\,S~f the
State of Olio and is authorized and qualified under the laNS~ the State~f
Flor ida to conduct business in the State~ Flor ida~~ Date-2.f this
MreBTent. Purchaser i ntends--1.Q ass i Qn its r i ghts hereunder pr i or -1.0 CI os i ng to
the Atr iun of Clearwater, Ltd. or another nE.VVly forrred I imi ted partnership
Jhaving \NJI ter T. KrullIll or one~~ corporate aft i I iates-9...s--1b..e Reneral
partnerl. \!\hich partnership wi II as the date of Closing be_a duly forrred and
val idly existing I imited partnership organized under the 1aJ\.tS of the State of
Florida and wi II have+las full pOJ\er and authority to ONI its property and assets
and to conduct its bus i ness, as it is be i ng conducted, and -i-s wi II be_qua I if i ed
under the latvS of the State of Florida to conduct business therein on the date
of CI os i ng of th is Agreerent;
(ii) Purchaser has the full legal right, pCMer, authority and
f inane i a I ab i I i ty to execute and de live r th i s ~ reerent and a II docUTents nON or
hereafter to be executed by it pursuant to this Agreerent (collectively, the
"Purchaser's [))cl.lTBnts"), to consul1IrBte the transact ions conterrp I ated hereby, and
to perform its obi igations under the Purchaser's [))curents. n,is AgreEJTent
constitutes, and upon their execution and delivery, the other Purchaser's
. D:>cUTents wi II const itute, the legal, val id and binding obi igations of Purchaser
and, subject to bankruptcy, insolvency, reorganization, rmratoriun and other
simi lar latvS nON or hereafter in effect relating to creditors' rights generally,
this ~reerent is, and the other Purchaser's [bcUTents wi II be, enforceable
against Purchaser in accordance wi th the i I' respect ive tenrs; and
(iii) on the date hereof, there are no pending actions, suits,
proceedings or invest igat ions to v\.hich Purchaser is a party before any court,
(i)vernrenta I ,Author i ty or otherwi se Wli ch rmy have an adverse irrpact on the
transactions cont6lplated hereby.
(c) The representations and 'M3rranties set forth in or rrade
pursuant to th i s ~rearent sha II r6ll3 in operat ive and sha II surv ive the CI os i ng
and the execut ion and del ivery of the Deed for a per iod of six rT1)nths follONing
the Closing Date, and no act ion based thereon shall be c011lrenced after such
pe r i od .
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(d) f\btwi thstanding anything contained herein to the contrary, the
aggregate I iabi I ity of Seller arising pursuant to or in connection with the
representations and ~rranties of Seller and/or the agreBTents or certificates
or affidavits of Seller set forth in or del ivered pursuant to this ~reEJTent
and/or Seller's Cbcunmts, shall not exceed $350,()(X).
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Closing Expenses.
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Prani ses.
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(a) AI' costs and expenses ar is i ng f ran th is transact ion sha II be
borne and paid by Purchaser, including but not limited to: (i) the state
docurentary starps required to be affixed to the Deed; (i i) the OJ\f1er's title
insurance po I icy issued pu rsuant to the Tit Ie Couni IITent; (i i i) a II record i ng
costs for the D3ed and Lease Assignrent; and (iv) all costs of inspect ions of the
Prenises, neNor updated surveys of the Pr811ises, envirorTrental audits and other
reports ordered by or on behalf of Purchaser relating to the PrEmises.
(b) Purchaser and Seller shall be responsible for thei r 0J\A1
attorneys' fees and other closing costs v\hich are not expressly enurerated
herein.
9. Docurents to be Del ivered~ Seller at Closing. At the Closing,
Sa II er sha II execute, acknONI edge and/or de liver, as app I i cab Ie, the fa II OJVi ng
to Purchaser or the Title Onpany:
(a) A Spec i a I W3r ranty Deed (the "D3ed") convey i ng tit I e to the
(b) The Ass igrrrent and Assurpt ion of Leases and Secur i ty Depos its
in the fonn of Exhibit "E" annexed hereto and rmde a part hereof, assigning
without warranty or representation, except as expressly set forth therein, all
of Seller's right, title and interest, if any, in and to the Leases, all
guarantees thereof and the security deposits thereunder, if any (the "Lease
/1ss i gnrent") .
(c) The Ass igrrrent and Assl.1Tpt ion of Cont racts and Li censes in the
fonn of Exhibit "F' annexed hereto and rrade a part hereof (the "Contract and
License Assigrrrent"), assigning, to the extent sam are assignable, without
warranty or representation, except as expressly set forth therein, all of
Seller's right, title and interest, if any, in and. to (i) all of the licenses,
pennits, certificates, approvals, authorizations and variances issued for orwith
respect to the Pr611ises by any Covernrental Althority {collectively, the
"Licenses"}; and (ii) all purchase orders, equiprent leases, advertising
agrearents, franchise agreaTEnts, license agreaTents, rranagffTBnt agreaTents and
se rv ice cont r acts and V\ar rant i es re I at i I1g to the ope rat ion 0 f the Prani ses
(collectively, the "Contracts"). NJtwithstanding the foregoing, Purchaser
aSSlJll3S no agreerents and no rights or obi igat ions under any agreEJTent betv\.een
Seller and Faison Associates all of \I'J1ich agrearents shall be terminated~
Se II er at Clos ing, if pass i b Ie, but in not event I ater than~ days after
closing.
(d) To the extent in Seller's possession, executed counterparts of
al I Leases and any aTendlents, guarantees and other docUTEnts relating thereto,
together with a schedule of all security deposits paid by the tenants thereunder
and the accrued interest on each of such security deposits, if any, and a
separate official bank check payable to the order of the Purchaser, or a credit
to the Purchaser against the Purchase Price, in the aggregate arount of the
secur i ty deposi ts under the Leases ~ set forth..lD the Leases or.JD the var ious
Tenant estoppel lettersLand the interest thereon, if any. In the event any cash
security deposits and the interest thereon are held by a bank, savings bank,
trust corpany or savings and loan association, at Seller's option, Seller shal I
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de live r to Pu rchaser , in lieu of such checks or cred it, an ass i grrrent to
Purchaser of such deposits and interest and written instructions to the holder
thereof to transfer such deposi ts and interest to Purchaser. With respect to any
lease securities V\hich are other than cash, Seller shall execute and deliver to
Purchaser at the Closing any appropriate instruments of assignTent or transfer.
(e) A bi II of sale in the form of Exhibit "G" annexed hereto and
rrade a part hereof (the "Bi II of Sale") conveying, transferring and sell ing to
Purchaser without vvarranty or representation, except as expressly set forth
herein, to the extent assignable, all right, title and interest of Seller in and
to al I Personal Property.
( f) f\bt ices to the tenant s of the Prani ses in the fonn of Exh i bit
"H" annexed hereto andrrade a part hereof advising the tenants of the sale of the
PrEmises to Purchaser and directing that notices,_rents and other payrrents
thereafter be sent to Purchaser or as Purchaser nay direct.
(g) (i) COpies of resolution of the City Gaunission of Saller
authorizing the execution, delivery and perforrrance of this Pgrearent and the
conslmration of the transactions conterrplated hereby, certi fied as true and
correct by the Ci ty Clerk or the Assistant City Clerk of the Seller; and (i j) an
i ncurbency cer t i fi cate executed by the Ci ty CI erk or the Ass i stant Ci ty CI erk
wi th respect to those of f i cers of Se II er execut i ng th is .A{Jrearent and any
docurents or instrUTEnts executed in connection with the transactions
contenp I ated here i n ~ s imi I ar ev idence of.-1.b? autho r i ty~f--.1h.e Camun i ty
Redeve I oprent ~encv of the Ci tv of CI ea rvvater , FI or i da.Qf the purposes set forth
herein.
(h) To the extent in Saller's possession and not already located
at the Pranises, keys to al I entrance doors to, and equiPTent and util ity roOTB
located in, the Prffnises.
(i) To the extent in Saller's possession and not already located
at the Pranises, al I Licenses.
(j) To the extent in Seller's possess ion, executed counterparts of
al I COntracts and al I \/Varranties in connection thereNith which are in effect on
the Closing ~te and which are being assigned by Seller.
(k) A "FIRPTA" aff idavi t &\I\,Qrn to by Seller, in custarery fonn.
Purchaser acknONledges and agrees that upon Seller's del ivery of such affidavit,
Purchaser shall not withhold any portion of the Purchase Pr ice pursuant to
Section 1445 of the Internal Revenue Code of 1986, as arended, and the
regulations prarulgated thereunder.
(I) A II~" and "f\b-Lientl aff idavi t, in custcrrary form.
(m) A closing staterrent (the "Closing Statment"), in custarary
form, providing for the prorations and adjus1m3nts set forth herein and the other
nDnetary obi igat ions stated herein to be an obi igation of ei ther of the part ies
hereto.
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(n) All other docurents Seller is requi red to del iver pursuant to
the provisions of this ,hgrearent including but not I imited-Lo..-9..n assignrent~f
the insurance proceeds for the elevated garage ~I~y~ referred~o~n-1he
Pddendunand all_rranag€JTent and historical operatin~ inforrmtion and records.-f.Q.r
the current and al I prior years in 8e1 ler's possession or-1D the possession~
any of Seller's aqents.
10. Docurents to Be Del ivered~ Purchaser at Closing. At the Closing,
Purchaser shall execute, acknONledge and/or del iver, as appl icable, the follONing
to Seller:
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(a) The Purchase Price payable at Closing pursuant to Section 2
hereof, subject to apportionrents, credits and adjusUTents as expressly provided
in this ~rearent.
(b) (i) Copies of al I consents and authorizations of Purchaser
authorizing all the transactions conterrplated by this ,hgrearent, all certified
as t rue and cor rect by a du I y appo i nted representat i ve of Purchaser; and (i i) an
incLIrbency certificate executed by an appropriate party with respect to the
person executing this AgreEJrent on the part of the Purchaser.
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(c) The Lease Assignrent.
(d) ~le COntract and License AssignTent.
(e) The Closing Statarent.
(f) An opinion of the attorney for Purchaser to the effect that (i)
all necessary consents and author i zat ions of Purchaser wi th respect to the
transactions contarplated herein have been obtained, (i i) this Agre6TEnt and the
other docurents executed and del ivered by Purchaser in connect ion hereJVi th
constitute the legal, val id and binding obi igations of Purchaser in accordance
with their respective terms, and (i i i) the person executing this Agre6TEnt and
any other docurents executed and del ivered in connection hereJVith is duly
authorized to do so. -
(g) AI I other docUrents Purchaser is required to del iver pursuant
to the prov i s ions of th i s Agre8Tent.
11. Tax Proceedings.
With respect to all tax years prior to the Closing, Seller is hereby
authorized to c~nce, continue and control the progress of, and to rrake all
decisions with respect thereto, any proceeding or proceedings, v\.hether or not nON
pending, for the reduct ion of the assessed valuat ion of the Pranises, and, in its
sole discretion, to try or settle the sarn. All net tax refunds and credits
attributable to any tax year prior to the tax year in w,ich the Closing occurs
shal I belong to and be the property of Seller. Purchaser agrees to cooperate
with Seller, at Seller's cost and expense, in connectionwith the prosecution of
any such proceedings and to take al I steps, ~ether before or after the Closing
Date, asrray be necessary to carry out the intention of the foregoing, including,
without limitation, the delivery to Seller, upon demnd, of any books and
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records, including receipted tax bil Is and canceled checks used in pa'rfTCnt of
such taxes, the execution of any and al I consents or other docl.1lEnts, and the
undertaking of any act necessary for the collection of such refund by Seller.
The provisions of this Section 11 shal I survive the Closing.
12. As-Is.
(a) Purchaser acknOlllledges and agrees that, as noted in Section 7
hereof, Seller has limited knONledge as to the status of the Leases, Contracts
and the general operations at and physical condition of the Prenises, and that
Seller has limited knONledge as to the adequacy, accuracy and ccrrpleteness of any
rrater ials suppl ied by Seller to Purchaser wi th respect to the PrEmises
(collect ively, the "Project Infol1T8t ion") . All data, reports and other
infonrat ion contained in the Project Infonmt ion are expressly subject to change,
errors and ollissions. Wli Ie Seller has no actual knONledge of any error or
inaccuracy in any of the Project Information, Seller expressly disclairrs any
vvar ranty or representat ion, express or in-p I i ed, as to the accuracy or
carpleteness of the Project Inforrration. Without I irlliting any of the other
tenTS, provisions or conditions of this Agreerrent, Seller and Purchaser
acknONledge that Carteret Savings Bank, F.A. ("Carteret") has been taken over by
the Resolut ion Trust Corporat ion and the Resolut ion Trust Corporation rray
repudiate Seller's lease with Carteret (the "Carteret Lease") at any tirm. The
repudiat ion or fai lure to repudiate the Carteret Lease shall have no irrpact or
effect upon any of the terms, provisions or conditions of this AgresrEnt nor
shall the repudiation or fai lure to repudiate the Carteret Lease change or affect
the Purchase Price. Further, Seller does hereby expressly disclaim any and all
~rranties of rrerchantabil ity and fitness with respect to the Pranises or any
portion thereof. Purchaser shall rely solely upon its 0N1 investigations, ,
inquiries andduediligenceprior to the Closing inorder to determine the status
of the Premises and its suitabil ity for Purchaser's intended uses.
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(b) Purchaser ackllOJVledges that Purchaser has had the opportunity
prior to the execution of this contract to inspect the Pranises and becare fully
fcrniliar with the physical condition and state of repair of the Pranises.
Purchaser acknONledges and agrees that at Closing it wi I I be accepting title to
the Premises on an "as-is" basis. Purchaser agrees to rely V\hol Iy on its 0J\fl
inquiry and investigation to determine therrerits, usefulness and suitabi lity of
the Premises, the financial condition of the Prsnises and the qual ity and extent
of construction of the Irrproverrents. U1less expressly provided otherwise'herein,
in no event shall Seller have any obi igation to rreke or effect any repai rs or
irrprovarents to the Prrrnises or to obtain any zoning variances, platting, or
other governrental approvals relating to the Pranises. This ,Agreerent, as
written, contains all the tenrs of the agrearent entered into bet:v\.€en the parties
as of the date hereof, and Purchaser acknowledges that neither Beller nor any of
its agents, atployees or representat ives, has rrade any representat ions, or held
out any inducarents to Purchaser, other than those, if any, herein expressed.
Without I inliting the general ity of the foregoing, Purchaser has not rei ied on any
representations or ~rranties, and Seller and its respective agents, officers,
mployees or representat ives have not and are not wi II i ng to Il13ke any
representat ions or Vvar rant ies, express or irrpl ied, other than asnuy be expressly
set forth herein, as to any rretter, including, without I imitation, (a) the
current or future real estate tax liability, assesSTent or valuation of the
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Prenises; (b) the potential qualification of the Prenises for any and all
benefits conferred by any laNS ~ether for subsidies, special real estate tax
treatrrent, insurance, rrortgages, or any other benefits, v\hether similar or
dissimi lar to those enuTerated; (c) the carpi iance of the PrEmises in its current
or any future state, wi th appl icable envi ronrental laNS and regulat ions or zoning
ordinances and the abil ity to obtain a change in the zoning or a variance in
respect to the PrEmises' non-cmpl iance, if any, with said zoning ordinances; Cd)
the ava i lab i I i ty of any f inane i ng for the purchase, a I te rat i on, rehab i I i tat ion
or ope rat ion of the Preni ses f ran any source, any G:>vernrental AJthor i ty or any
lender; (c) the cu r rent or futu re use of the Pnmi ses, i nc Iud i ng, but not I imi ted
to, the Prernises' use for ccrnrrercial, rranufacturing or general office purposes;
(f) the present and future condit ion and operating state of any Personal Property
and the present or future structural and physical condition of the Sui Idings or
thei r sui tabi I ity for rehabi I i tat ion or renovat ion; and (g) Se II er' s carpi i ance
wi th any I aIVS issued or prQTU I gated by any Cove rrTrent a I Author i ty and any
Violations thereof. Purchaser acknOJVledges that Seller has afforded Purchaser
the opportunity for ful I and cOIplete investigations, exaninations and
inspections of the Pr611ises. Seller shall not be liable or bound in anyrranner
by any verbal or written "setups" or infonration pertaining to the Prenises or
the rents furnishedbySeller orSeller's agents, 6rployees, representatives, any
real estate broker or other person. Purchaser's acceptance of the Deed shall be
a discharge of all of the obi igations of the Seller hereunder except such as rray
be expressly required to survive the del ivery of the D3ed under this ~grec:rrent
or V\.hich by thei r terms as described in this Agreerent are to be perfol1l13d after
the Closing. lhis Section 12 shall survive the Closing. ,is.
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(c) nle parties acknOJ\lledge that the walkway canopy be1.\t\A3en the
bui Iding and the parking garage has suffered darage. Seller agrees to assign to
Purchaser all of the Seller's rights to the sun of $50,000 vJ1ich has been
depos i ted in escrON wi th the Mi ani I aN f i nll of W3 ii, ~tsha I & rvBnges for the
purpose of funding the repai r of said darege to pre-storm condi t ion, pursuant to
and subject to the tenrs of an escrON agreerent dated IVErch 29, 1993, by and
betv\een IVBria Real Estate, Inc., and the City of Clearvvater, Florida. filly
disburserents frOll the escrONwi II be on tenrs and condi t ions set forth in said
EscrON~rearent, including without limitation the sulrnission by Purchaser of
estirrates and invoices for the repai r, V\hich estirrntes and invoices shall be
subject to the prior approval of NBria Real Estate, Inc.
Cd) The parties shall enter into a separate agrearent providing
that Purchaser sha II have the right of access to and rra i ntenance of the \I\a I kway
betNeen the building and the parking garage, the right to control access to the
wa I kway, and an easerrent to rra i nta in the wa I kway over the pub Ii c st reet
separating the bui Iding and the parking garage. The form of such agreEJ1l3nt is
or wi II be attached hereto as Exhibit "1."
13. Broker.
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Purchase r sha II pay a II broker age c011ll1i ss i on due and payabl e to the Just ice
Corporat i on pursuant to a separate agreerrent betv\.een Purchaser and Just i ce
Corporation, to be paid outside of closing.
Otherwi se, each par ty represents to the other that it has dea I t wi th no
a
12
real estate broker, sales persons or finder in connection with the transactions
described herein, except as aforesaid. Each party hereto agrees to indeTnify,
defend and hold the other harmless fran and against any and al I clairrs, causes
of action, losses, costs, expenses, darages or I iabi I ities, including reasonable
attorneys' fees and disbursarnnts, V\hich the other rmy sustain, incur or be
exposed to, by reason of any claimor clairrs by any broker, sales person, finder
or other person, for fees, cmmissions or other ccrrpensation arising out of the
transact ions contmpl ated in thi s Agrearent if such c I a im or c I a irrs are based in
~ole or in part on dealings or agrearents with the indBTnifying party.
1he obi igations and representations contained in this Paragraph 13 shall
survive the termination of this Agrearent and the Closing.
14. Access to Records.
For a period of five (5) years subsequent to the Closing Date, Seller's
mployees, agents or representatives shall be entitled to access during business
hours to al I docurents, books and records given to Purchaser by Seller at the
Closing for tax and audit purposes, regulatory carpi iance, and cooperation with
governTental investigations upon reasonable prior notice to Purchaser, and shal I
have the right, at Seller's cost and expense, to rmke copies of such docUTents,
books and records. As used in this Paragraph 14 only, "Seller" includes the City
of ClearW3ter andl'v13ria Real Estate, Inc., predecessor in title to the City of
Clearwater. 111e rights oflV8ria Real Estate, Inc., and itsarployees, agents or
representat ives under this paragraph shall terminate onl\.lBrch 29, 1998, the fi fth
ann iversary of the c I os i ng date betMen the Ci ty of CI earwater and IVi:1r i a Rea I
Estate, Inc.
15. f\.bt ices.
All notices, elections, consents, approvals, derands, objections, requests
or other c~nications ~ich Seller or Purchaser rray be required or desire to
give pursuant to, under or by virtue of this AgreaTent must be in writing and
sent by (a) fi rst class U. S. certified or registered rrai I, return receipt
requested, with postage prepaid, (b) telecopier (with receipt confirrred), (c)
reputable express rrai I or courier (next day del ivery) or (d) personal del ivery
(receipt acknONledged in writing), addressed as fol I~:
If to Seller:
Mi chae I Wight, City IVi:1nage r
City of CleanNater
P. O. Box 4748
CleanNater, Florida 34618
M.A. Galbraith, Jr., City Attorney
City of CleanNater
P. O. Box 4748
CleanNater, Florida 34618
wi th copy to:
IN)
I f to Purchaser: V\B Iter T. Knmn
985 Bethel Road
Co I UTbus, 01 i 0 43220
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wi th copies to: \/\81 ter J. IVBckey, Jr.
921 Chathan Lane, Suite 110
Co I urbus, Ch i 0 43221
and
\/\81 te r J. IVBckey, Jr.
1601 Forun Place, Suite 805
v..ss t Pa 1m Beach, F lor i da 33401
Seller or Purchaser rray designate another addressee or change its address
for notices and other c~nications hereunder by a notice given to the other in
the rn3nner provided in this Section. A notice or other ccmrunication sent in
carpi iancewith the provisions of this Section shall be deEJTed given and received
on (i) the second business day fol IONing the date it is deposited in the U. S.
rrail, or (ii) the date it is received by the other party if sentbyexpressrrail,
telecopier, courier, or personal del ivery.
16. Mi sce I I aneous .
(a) This AgreEn13nt shall not be altered, crrended, changed, waived,
terminated or otherwise rrodified in any respect or particular unless the SaTe
shal I be in writing and signed by or on behalf of the party to be charged.
(b) This AgreSTent shal I be binding upon and shall inure to the
benefit of the parties hereto and to thei r respective hei rs, executors,
adninistrators, successors and assigns.
(c) All prior stataTents, understandings, representations and
agrearents betv\,een the parties, oral orwritten, are superseded by andrrerged in
this AgreaTent, V\hich alone fully and ccrrpletely expresses the agrearent betv\.een
than in connection with this transaction and ~ich is entered into after ful I
investigation, neither party relying upon any statarent, understanding,
representation or agrearent ITEde by the other not arbodied in this /!greaTent.
This AgreaTent shal I be given a fair and reasonable construction in accordance
wi th the intent ions of the part ies hereto, and wi thout regard to or aid of canons
requiring construction against Seller or the party drafting this AgreBTent.
(d) Except as otherwi se express Iy prov ided here in, a II of Se II er' s
representations, warranties, covenants and agreBTents herein shal I ITerge in the
docLrrents and agrearents executed at the Closing and shall not survive the
Closing.
(e) Purchaser agrees that it does not have and wi I I not have any
clairrs or causes of action against any disclosed or undisclosed officer or
errployee of Seller, arising out of or in .connection with this AgreE3TEnt or the
transact ions conterrplated hereby. Purchaser agrees to look solely to Seller and
its assets for the satisfaction of any I iabi I ity or obi igation arising under thi.s
AgreEJTent or the transactions contEfTPlated hereby, or for the perforrrance of any
of the covenants, warranties or other agreerrents contained herein, and further
agrees not to sue or otherwise seek to enforce any personal obi igation against
any off icer or 6l"ployee of the Seller wi th respect to any rratters ar ising out of
or in connection with this ,bgreerent or the transactions contEfTPlated hereby.
14
Without limiting the generality of the foregoing provisions of this Section 16,
Purchaser hereby unconditionally and i rrevocably ~ives any and al I clairrs and
causes of action of any natureV\hatsoever it rray nOJVor hereafter have against
Seller's officers and arployees, and hereby uncondi t ionally and irrevocably
releases and discharges Seller's officers and eTployees fran any and all
I i abi I i ty v\.hatsoever ,^h i ch rray nON or he reaf ter accrue in favor of Purchaser
against Seller's officers and arployees, in connection with or arising out of
this Pgre6Tent or the transactions contsTplated hereby.
(f) Nb fai lure or delay of either party in the exercise of any
right given to such party hereunder or the waiver by any party of any condition
hereunder for its benefit (unless the tirre specified herein for exercise of such
right has exp ired) sha II const i tute a wa ive r of any othe r or fur ther right nor
shall any single or partial exercise of any right preclude other or further
exercise thereof or any other right. f\.b \M3iver by either party of any breach
hereunder or fai lure or refusal by the other party to cmply with its obi igat ions
shall be deerred a waiver of any other or subsequent breach, fai lure or refusal
to so ccrrply.
(g) nlis Agrearent rray be executed in one or rrore counterparts,
each of V\h i ch so executed and de live r ed sha II be deEJTed an 0 rig i na I, but a I I of
Wl i ch taken together sha II const i tute but one and the sare i nst nrrent.
(h) The capt ion headings in this ~reerent are for convenience only
and are not intended to be a part of this Agreerent and shal I not be construed
to rrodify, explain or alter any of the tenrs, covenants or conditions herein
contained.
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(i) This Agrearent, having been dr~ and negotiated in the State
of Florida, shall be interpreted and enforced in accordance with the 1aM:i of the
State of Florida, and Seller and Purchaser hereby agree to suhnit to personal
jurisdiction in the State of Florida in any action or proceeding arising out of
this Agre6Tent. Seller and Purchaser agree that any such action or proceeding
shall be brought in any federal, state or local court, as the case IT8Y be,
located in the County of Pinel las and State of Florida.
(j) In the event of any I itigation arising out of or connected in
any rrElnner wi th thi s J\Jrearent, the non-preva i I ing party sha II pay the costs of
the prevai I ing party, including its reasonable counsel and paralegal fees
incurred in connection.thereJVith through and including all other legal expenses
and the costs of any appeals and appellate costs relating thereto. Wlerever in
this Agreerent it is stated that one party shall be responsible for the
attorneys' or counsel fees and expenses of another party, the sare shall
autaratical Iy be de6led to include the fees and expenses in connection with al I
appeals and appel late proceedings relating or incidental thereto. This section
shall survive the Closing or the termination of this Agrearent.
(k) 11le use of any gender shall inc lude all other genders. llle
singular shal I include the plural and vice versa.
(I) All of the Exhibi ts and Schedules present Iy or-1g be_annexed
hereto are or shall be incorporated herein by reference and form part of this
~
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,
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~
1
15
(p) Fran and after the Closing Date, each party, upon derrand and
at the party's 0Nl cost, wi II execute and del iver anywritten further assurances
that are necessary, convenient or desirable to evidence, conta-rplate, perfect or
in carbination thereof, the transactions contmplated by this .A{Jreerent so long
as no further assurance operates to irrpose any new or additional I iabil ity upon
any party. The parties shall perfonn all other acts that are necessary,
conven i ent or des i r ab I e to any such pu rpose, so long as no neN 0 r add i t i onal
liabil ities are incurred. This Section shal I survive the Closing.
,Agrearent and the Pddendun attached hereto.
(m) Use 0 f the V\O rds "he re in," "he reo f , tI "he reunde r" and any othe r
v.ords of simi lar irrport refer to this Agre6rent as a V\hole and not to any
particular article, section or other paragraph of this .A{Jrearent unless
speci f ically noted otherwise in this Agrearent.
(n) This Agre8TEnt shal I not be deBTEd to confer in favor of any
thi rd part i es any rights Wlatsoever as thi rd-party benef ic iar ies, the part ies
hereto intending by the provisions hereof to confer no such benefits or status.
(0) Wlenever this AgreaTBnt calls for or contan::>lates a per iod of
tirre for the perforrrance of any term, provision or condition of this AgreaTBnt,
all of the days in such period of tirre shall be calculated consecutively without
regard to V\hether any of the days fall ing in such period of tirre shall be a
Saturday, Sunday or other non-business day; provided, however, if the last day
of any such t irre per i od sha II happen to f a lion a Saturday, Sunday or othe r non-
business day, the last day shall be extended to the next succeeding business day
inuBdiately thereafter occurring.
( q ) ll-E PPRT I ES J-ERElO IX) H:REBY f<l\O'\/l f\J3L Y , \,QlNf MIL Y ,
INTENfIQ\Jl\LLY #D IFfB(X'PBLY\fIAIVE PNf RIG-IT !NY PMTY M\Y HA.VE m A JlRY' TRIAL
I N EVERY JLR I 8) I cr IO\J IN fJN{ ,ACT I O\J, FHX::EBJ I N3 rn CIlNfER:LA I,M BRJ...Gff BY E Ill-ER
a= l1-E PMT I ES rERElD /JC:A I ~ 1l-E Oll-ER rn "TIt I R RESPECT IVE s.n:ES3:RS rn ISS 18\6
I N RESPECT a= ,t.Ny' NATTER M I 8 I N3 QJf a= rn IN CIN\ECT I Q\J Vv1 ~ 1H IS JXH:8VENT rn
IN{ OTl-ER lXX1..M3\JT EXEOJfED,tN) lLL I VERED BY E I1l-ER PIfffi' IN CXN\ECT I CN ll-ERBt\II TH
(If\CLLDII\G, W1l1-OJf L IMITATIO\J, ~ /lCT1O\J lD RES:INJ rn ~L THIS .tXREBVENf,
Pf\D P#( CLA 1M3 rn CkFEN3ES PS3f:.RT I N3 1H\T 1H I 8 tGiE8\IlNf VJ::S FRtillJLENfL Y I N:llID
rn an-ERNlSE \010 CR \OI~LE). 1HIS \MIVER 18 A I'Vl-\TERIAL 1NJ...C8VENf RR EJX:H
PMTY 10 ENTER I NfD TI-H S ,l(ffBVENf.
( r) I f any prov i s ion of th is Pgrearent sha II be unenforceab I e or
inval id, the sam shall not affect the rEJTaining provisions of this ft{Jrearent and
to this end the provisions of this .A{Jrem;ent are intended to be and shall be
severable.
(s) This Sale-Purchase ft{Jre€Jll3nt is subject to the terrrs and
cond it ions set forth in an .AddendU1l hereto and dated as of the date of thi s
P{Jrearent, V\h i ch hldendun sha II preva i I in the event of any conf I jet betv\een any
provision set forth therein and any provision of this PgreaTBnt. U,less the
context clearly indicates otherwise, a reference to this Agre8ient includes a
reference to the.6ddendunhereto and all of its terrrs and conditions.
16
(t) TYPeNr itten or handNr i tten provisions inserted in this ,Agrearent
or in the Exhibits annexed hereto (and initial led by the parties) shal I control
al I printed provisions in confl ict thereNith.
(u) Each party hereto acknONledges that all part ies hereto have
participated equally in the drafting of this Agrearent and that accordingly no
court construing this Agre8Tent shal I construe it rrDre stringently against one
party than the other.
INVVlTl\ESSw-EREa=, this Agre8Tent has been duly executed by the parties
hereto as of the day and year first above written.
Countersigned:
SELLER:
CllY a= CLEM"ATER, FLrnI~
By:
Ri ta Garvey
NByor-Cannissioner
Approved as to form
and correctness:
Michael J. Wight
Ci ty IV~mager
Attest:
M.A. Galbraith, Jr.
Ci ty Attorney
r
cynthia E. GOudeau
Ci ty CI erk
R...RJ-i.\SER :
AttQst: tJI+I)e~S
It~, IlL ~. Y/L
~ytJ .At.Ul1kl:t
S, 1~1ID .
COM..N 11Y RECEVELaNENT f:ffN){ a=
TI-E CITY a= CLEAAf\C\TER, FLffiI~
By:
Arthur X. Deegan, n
Chairperson
At test:
By:
. Jacqual ine DeGroy, Secretary
Peter GJzza
Executive Director
17
.
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E>>-IIBIT "E"
FCRv1 a: ftSS I CNJB\JT ,Al\D AS9.JvPT IOJ
a= LEASES, TENOl\CIES.MD SE<lRITY D:FCSITS
The CITY OF CL~TER, FUORI~, a Florida municipal corporation, having
an office at 112 South Osceola Avenue, CleaMater, Flor ida 34616 ("Assignor"),
in consideration of the sun of Ten [))llars ($10.00) and other good and valuable
considerat ion paid by \J\ALTER T. I<R.J\M V8'JTlJ1ES, I~TED and/or ATRILM AT
CLEARMTER, LID., A Flffil[)r\ LIMITED PARlT\EFE-HP, having thei r principal offices
at 985 Bethe I Road, Co I urbus, 011 i 0, 43220
("Ass i gnee") does he reby ass i gn, transfer and set
over to Assignee, to the extent assignable, all of Assignor's right, title and
interest in and to al I leases and tenancies affecting the real property located
in Pinellas County, Florida, rrDre particularly described on Exhibit "A" hereof,
including, without I imitation, the leases and tenancies set forth on Exhibit "B"
attached hereto and incorporated herein by reference (collectively, the
"Leases"), together wi th a II secur i ty depos i ts and acc rued interest the reon, if
any, held by Assignor with respect to such Leases, as descr ibed on Exhibit "e"
hereof (collectively, the "Securi ty Deposits"), and also together with all rents,
incare and profitsV\hichrray beccrre due and cming under the Leases for the period
on and after the date hereof.
Assignor represents and warrants to Assignee that Assignor has full legal
right, po.MH and authority to execute and deliver this Agrearent and to
cons~te the transactions conterplated hereby.
Assignee, by its execution of this ~reerrent, does hereby assUTe all,
obi igat ions and I iabi lit ies of the lessor under each of the Leases ar ising on and
after the date hereof including, without I imitation, the obi igat ion, if any, to
refund to tenants the Security Deposits and Assignee does hereby further assure
a II tenant irrprovarent costs, leas i ng cmmi ss ions and cash concess ions respect i ng
the Leases, both (i) arising prior to and on and after the date hereof, and (i i)
as othe rwi se set for th on Exh i bit "0" he reo f, but on I y to the extent that such
tenant improveTent costs, leasing camnissions and cash concessions are set forth
in the tenant's lease and/or in an estoppel letter del ivered to Purchaser before
Closing.
E-1
.
By:
President
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INVVlTN.:SSw-ERE<F, Ass i9nor and ftss ignee have du Iy executed and de livered
this Assignrent this day of , 1993.
pffil <3'm:
Countersigned:
CITY a= CLEARtATER, FlffilD\
By:
Michael J. 'At ight
Ci ty IVBnage r
Ri ta Garvey
rvayo r -Cmmi ss i one r
At test:
WI tnesses:
~hia E. GOudeau, City Clerk
Approved as to form and correctness:
Pr i nt ncrre
M. A. Garbrai th, Jr. Ci ty Attorney
Pr i nt ncrre
Ac:s1G\EE:
ATRllM AT CLE.Af\^ATER, LlD.
BY: AlRlLM AT CLEAPMTER, IN:. ,
A ffi\ERAL P.ARll\ER
At test:'
Secretary
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mN1Y a= PIN:LLAS
BEFOiE NE personally appeared Ri ta Garvey, the lVi:1yor-Ccmnissioner of the above-
naTed city, ~o acknONledged that she executed the foregoing instrUTent. She is
personal Iy kn~ to ITa and did not take an oath.
VV1lf\ESS ffi{ hand and of f i cia I sea I th i s
1993.
day of
Pr i nt /Type Nare:
N:>tary Pub lie
srATE a= FLffiI~ )
mN1Y a= PIN:LLAS
BEFrnE IVE personally appeared Michael J. Wight, the City IV8nager of the above-
naTed city, ~o acknONledged that he executed the foregoing instrUTent. He is
personal Iy kn~ to rre and did not take an oath.
VV1Tr\ESSffi{ hand and official seal this
1993.
day of
E-3
i
Pr int/Type Nare:
N:>tary Pub I i c
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cnNlY a=
The
foregoing
instrUTent was acknONledged before rre this day of
1993, by and
President and Secretary of the AlRlLM AT
a= ATRILM AT CLEARMTER, LlD. on beha I f of
is personally known to rre or has produced
as identification and did not take an oath.
the
I\btary Publ ic
~ Oaunission Expires:
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OOIBIT "F"
AS31 CNJENT JIl\D ASSJvPT IQ\J a: L I CEN3ES ,AN) CINffillCfS
The CITY OF CL~TER, FUJRIDA, a Florida municipal corporation, having
an of f ice at 112 South Osceo I a Avenue, Clearwater, F I or i da 34616 ("ftss i gno r") ,
in considerat ion of the SUl1 of Ten ~llars ($10.00) and other good and valuable
consideration paid by ATRILMAT CLEftRi\ATER, LID., A FLffiI[)l\ LIMITS) PMThEF&lIP,
having an office at
( "ftss i gnee" ) , does he reby ass i gn,
transfer and set over to Assignee, to the extent assignable, al I of Assignor's
right, title and interest in and to all licenses, permits, certificates,
approvals, authorizations andvariances (collectively, the "Licenses") issued for
or with respect to, the construction, developTBnt, rranag8Tent, rraintenance and
operations of al lor any portion of the real property located in Pinel las Oounty,
Florida, rrore particular Iy descr ibed on Exhibi t "A" annexed hereto and rrade a
part hereof, together with all of Assignor's right, title and interest, to the
extent assignable, in and to the purchase orders, equiprent leases, advertising
agrearents, franchise agreElTEnts, license agrea-rents, rrEnagaTent agreeTents and
service contracts, if any, as are described on Exhibi t "B" annexed hereto and
rrade a part hereof (collectively, the "Q)ntracts").
~signor represents and warrants to assignee that Assignor has ful I legal
power and authority to execute and del iver this Agre6Tent and to cons~te the
transactions contaTplated hereby.
. Assi gnee, by its execut i on of th is .AgreaTent, does hereby assure a II '....
obi igat ions or Ii abi lit ies of Pss ignor ar is ing on and after the date hereof under
each of the Licenses and COntracts.
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IN\NIThESSw-ERBF, Assignor and Assignee have duly executed and del ivered
this AssignTent this . day of , 1993.
PSSICJrn:
Countersigned:
CllY a= CLEM\A.TER, FLffiI[)\
Michael J. WlQht
City IVl3nage r
At test:
Ri ta Garvey
NByor-Caunissioner
By:
Wi tnesses :
cynthia E. Gbudeau, City Clerk
Approved as to form and correctness:
Pr i nt nare
M. A. Galbrai th, Jr. Ci ty Attorney
ASSIG\EE:
ATRILM AT CLEftRMTER, LID.
BY: AlRlLM AT CLEAAMTER, IN:. ,
A G3\EMl.. PAATf\ER
P r i n t . nare
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By:
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Attest:
Secretary
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President
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srATE a= FL.ffiI~
cn.NTY a= PI N:LlflS
BERDREWE personally appeared Rita Garvey, the NByor-Ganmissioner of the above-
nared city, WlO ackncwledged that she executed the foregoing instnrrent. She is
personal Iy kn~ to ITa and did not take an oath.
wrrr\f:SS nv hand and of f i cia I sea I th is
1993.
day of
Print/Type ~Te:
f\hta ry Pub I i c
STATE a= FLffiI[)\ )
cn.NTY a= PI N:LlflS
BERDREIVE personally appeared Michael J. Wight, the CitylVanager of the above-
nared city, WlO acknONledged that he executed the foregoing instrUTent. He is
personal Iy kn~ to ITa and did not take an oath.
Vv1ThESS nv hand and official seal this
1993.
day of
Pr i nt /Type f\Jare:
f\htary Pub I i c .
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srATE a=
Cll.N1Y a=
The
foregoing
instrUTent
P.Afrrr'..ER a=
He/she is
as
was acknOJlJI edged before rre th is
1993, by and
, Pres i dent ana Secretary of ATR ILMAT CLEAfV\A.TER,
ATRllM AT CLEM^ATER, LID., on beha I f of the
pe r sona I I y knOJ\Al to rre 0 r has produced
identification and did not take an oath.
day
of
Tf\C., A <?B\EFW..
corporation.
,j
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f\btary Publ i c
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NV Oaunission Expires:
~
OOl81T "G"
81A\1(ET CINJEYt.N:E, 81 LL
a= SOJ...E PNJ PSS I GfJB\If
I<N:W ALL fVB\J BY 1l-ESE PRESENTS:
1H\T the CITY Cf CLEPJ\t\C\TER, FLrnIl)ll., a Florida rrunicipal corporation
("Grantor"), having an office at 112 South Osceola Avenue, CleafVl.eter, Florida,
for and in considerat ion of the sun of Ten [bllars ($10.00) cash and other good
and valuable considerat ion in hand paid by AffilLMAT CLE6R^ATER, LID. r A Flffill:Y\
LIMITED PtfITT\.ER3-fIP, having an off ice at
("Grantee"), the receipt and sufficiency o'f
v\,hich are f1ei=eby ackncwledged and confessed, has GW\ff8), 810, ASSICN3),
TM\6FEffiED, a::NJEYB) and a:LIVER8) and does by these presents CRONT, SELL,
ASSI(]\J, TfW\SFER, CINJEY and Il:LIVER unto Grantee, all of Grantor's right, title
and interest, to the extent assignable, and without any representation or
warrantyvJ1atsoever as to such assignabil ity, all of the other Conveyed Assets
(as hereinafter defined), jf any, located on, affixed to, and used in connection
with the real property located in Pinellas County, Florida, andrrore particularly
described on Exhibit "A" attached hereto and incorporated herein by this
reference or the irrprovaTents located thereon (all such real property and the
irrprovments located thereon, are collectively called the "Property"):
1. If any, all rrachinery, furniture, furnishings, equiprent, fittings,
f i xtu res, elect ron i c bus i ness rrach i nes, carpute rs, data process i ng rrach i ne iy, and
al I other office and other equipient and al I other articles of personal property
or every kind and nature vYlatsoever affixed to, or attached to, or placed upon'
and used i n any vvay i n connec t i on wi t h t he use, en j oyrren t, occupancy 0 rope rat i on
of the Property, including, butwithout I imiting the general ity of the foregoing,
i f any, a I I hea t i ng , I i gh t i ng , i nc i ne r a ti ng , I andscap i ng , load i ng, un load i ng,
garage and p~r equiPTEnt and suppl ies, engines, pipes, purps, tanks, rrotors,
conduits, SNitchboards, plurbing, I ifting cleaning, fire prevention, fire
ext i ngu i sh i ng, spr ink I e r SystaTS, ref r i ger at i ng, vent i I at i ng, and c01lTUn i cat ions
apparatus, air cool ing and ai r conditioning apparatus, elevators, escalators,
storm doors and wi ndOJVS, par tit ions, ducts and cOTpressors " shades, b I i nds,
curtains, draperies, aAnings and screen, rugs,
.
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carpets and other floor coverings, hal I and lobbyequiprent,
vehicles, paintings, pictures, tapestries, wall hangings, decoration, pottery and
all other V\.Orks of art, all vacuun cleaning systElT6, all substitutions,
attachTents, cOTponents, parts, equipment and accessories relating to al I of the
forego i ng; p rov i ded, hOJ\eve r, the fo rego i ng sha II not i nc I ude any per sona I
property OJ\Aled by or leased by third parties to any tenant occupying the
Property, to the extent that the Sale does not becOTe the property of Grantor
under the lease with any such tenant or under appl icable IaN (the "Personal
Property") and, provided, further, that the enUTeration of specific categories
or it6T5 of personal property in this Section 1 for purposes of defining the term
"Personal Property" shall in no vvay or lranner be construed as a representation
or vvarranty, express or irrpl ied, that any of such categories or itaTS of personal
property are in fact affixed or attached to or have been placed upon and used in
any way in connection with the use, enjo',(rent, occupancy or operat ion of the
Property or that Grantor shal I have any assignable interest therein.
2. All nares, logos, tradararks, copyrights and designs used or created
i n connec t i on wi t h the OJ\.fle r sh i p 0 rope rat ion 0 f the P rope r ty , i f any,
including, without I imitation, the nare "The Atriun at Clearvvater Square",
together with the goodNi II appurtenant to each of such nares, logos and designs
(the "Trade Nares");
3. All V\arranties and guaranties relat ing to the Property or any portion
thereof or the Persona I Property or any port ion thereof, if any (the
'V\hr rant i es") ;
4. All right, title and interest of Grantor, if any, as lessee under any
equiprent leases relating to equiprent or property located upon the Property and
used. in connect ion thereNi th (the "Equ i pl13nt Leases");
5. All rrater ials and brochures, ledger cards, rraintenance and operat ion
records, keys and telephone exchange nLrrbers (the "Property Assets");
6. All plans and spec if i cat ions for the const ruct i on of the irrprovE:JTents
located on the Property including, without I imitation, all fixtures and equiprent
necessa ry for ope rat i on and occupancy 0 f such irrp r OV8113n t s i nc Iud i ng such
arendrents thereto, if any (the. "Plans");
G-2
7. All oi I, gas and mineral rights of Seller, if any, in and to the
Property (the 'Mineral Rights");
8. If any, all carpensation, aMlrds, darages, rights or causes of action
and proceeds ar ising fran any taking byany Icwful pOJ\er or authori ty by exercise
of the right of condamation or Eminent darain with respect to any of the
Proper ty (the "Condamat i on Proceeds");
9. AI I prepaid ~ter and SeAer charges, capacity and capacity
reservation fees, uti I ity deposits, hook-up or connection fees, irrpact fees or
use charges, and all other governrental charges, fees, deposits and credits
respecting the Property for the period on and after the date hereof
(collectively, the "Glverrrrental Credits");
10. The rights of Seller under the Develop-rent Agrearent dated as of July
14, 1983, and recorded in Official Records Book 5868, Page 1530, of the publ ic
records of Pinellas County, Florida (the "Developrent ~reerent"); and
11 . To the extent not otherwi se i nc I uded, a II "proceeds" of the to rego i ng
as def ined in the lJJ: \l\hich, in any event, shall include, but not be I imi ted to,
(i) any and all proceeds of insurance, indernity, ~rranty or guaranty payable
to Grantor fron tirre to tirre with respect to any of the Property, (i i) anyand
all payrents in any formV\hatsoeverrradeor due and payable to Grantor frOlltirre
to tirre in connection with any requisition, confiscation, condarnation, seizure
or for fei ture of a liar any part of the Property by any governTenta I body,
authority, bureau or agency or any other person (~ether or not acting under
color of governmental authority) and (i i i) any and al I other arounts fran tirre
to tirre paid or payable under or in connection with the Property or any of the
other property or interests hereby conveyed, sold or assigned by Grantor to
Grantee (the "Proceeds").
10 H\VE f:lN) 10 H]J) the Personal Property, Trade Nares, \^..arrant ies,
Equiprent Leases, Property Assets, Plans, Mineral Rights, Condamation Proceeds,
{i)vernTental Credits and Developrent Agrearent (all of the foregoing being
hereinafter saretirres collectively referred to as the "Conveyed Assets") unto
Grantee and Grantee's successors, legal representatives and assigns, forever.
This conveyance is subject to the encUTbrances set forth on Exhibit "B"
attached hereto and incorporated herein by reference.
Grantor (for itself and on behalf of Grantor's legal representatives,
successors and assigns) hereby \/\arrants, represents, covenants and agrees vvith
Grantee that Grantor has full right, po.J\.er and authority to rrake this Blanket
COnveyance, Bil I of
G-3
Sale and Assigrrrent, and to consUlrrate the transactions contmplated hereby,
subject to the tenrs and conditions hereof.
All of the covenants, terrrG and conditions set forth herein shall be
binding upon and inure to the benefit of the parties hereto, their respective
successors, personal and legal representative, heirs, devisee and assigns.
Th i s Blanket Conveyance, B i I I 0 f Sa I e and Ass i grrren t rray be execut ed in any
nUTber of counterparts, each of V\hich shall be de8Tl3d an ori,ginal but all of
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~ich together shall constitute on Agrearent.
IN VVl1N:$ w-ERB:F, Grantor has executed th i s i nst rurent th is
day of July, 1993.
GW\ITOl :
Countersigned
CITY OF CLEARWATER,
FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Michael J. Wright
City Manager
Attest
Cynthia E. Goudeau
City Clerk
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner
of the above-named city, who acknowledged that she executed the
foregoing instrument. She is personally known to Ine and did not
take an oath.
wrrNESS my hand and official seal this
, 1993.
day of
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally'appeared Michael J. Wright, the City Manager
of the above -named city, who acknowledged that he executed the
foregoing instrument. He is personally known to me and did not
take an oath.
WITNESS my hand and official seal this
, 1993.
day of
Print/Type Name:
Notary Public
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
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EXHIBIT 111111
FORM OF NOTICE TO TENANTS
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[LE'l"I'ERHEAD OF CI'l'Y MANAGEH, CITY OF CLEARWATER, FLORIDA]
TO: All Tenants
The Atrium at Clearwater Square
601 Cleveland Street
Clearwater, Florida
Re: Sale of .The Atrium at Clearwater Square
Gentlemen:
Please be advised that the CITY OF CLEARWATER, FLORIDA, has
sold The Atrium at Clearwater Square to ATRIUM AT CLEARWATER, L'l'D.,
A FLORIDA LIMITED PARTNERSHIP. You are hereby instructed and
directed to make all future rental and other payments under your
lease to:
Very truly yours,
Michael Wright, City Manager
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THE: FOI.JLOWING WIlJL BE SEPARATE INSTRUMENTS (SEPARATE EXHIBITS) IN
'1'1,18 FINAL DRAFT:
EXHIBIT IlIIl
AGREEMENT FOR ACCESS, CONTHOL, AND
MAINTENANCE OF PARKING GARAGE AND WALKWAY
[to be furnished]
EXHIBIT "JIl
ASSIGNMENT OF RIGHTS UNDER ESCROW AGREEMENT FOR
REPAIR OF WALKWAY CANOPY
[An assignment: of the rights oE Sellel.~ under the EscroltJ Agreement,
consisting of the SUIll of $50,000 which has been deposited in escrow
with the Miami law firm of Weil, Gotshal & Manges Eor the purpose
of funding the repair of the walkway canopy between the building
and the parking garage to pre-storm condition. The escrow
agreement lS dated March 29, 1993, by and between Maria Real
Estate, Inc., and the City of Clearwater, Florida. This assignment
is subject to compl.i.ance wj th the terms of said agreement,
including without limitation the submission by Purchaser oE
est.imates and invoices ,for the repair, which estimates and invoices
shall lJe subj ect to the prio:r- approval of Maria Real Estate, Inc.]
[to be furnished]
SCH8DUIJE 1
[Contracts]
SCHEDULE 2
PENDING ACTIONS OR INVESTIGATIONS
[attach, copy of recent letter requesting Attorney General opinion]
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O&tGber~~, 1903
OCtober 17, 1993
f\lIB\fl.M m Sl\LE - R.RJ-~ tCREB\IE\If
TI, i s Mdendun to Sa Ie-Purchase P{JreOTBnt is executed as of OCtober ,
1993, as an addendu1' to the Sale-Purchase f\{:JreErrent executed as of the SaTe date
by and bet\l\€en the CI1Y a= CLEARMTER, FLffiIDC\ ("Ci ty" or "Se II er"), and \l'AL.TER
T. KJUAI\\IENl1RES, II\!IRFtHA.TED and/or the ATRILMAT CLEARMTER , LTD., A FLffiIl:Y\
L 1M I TED P,Affil\ER3-l1 P (" Pu r cha s e r II ), to w, i ch the CDJM..N 11Y RECE.\IE LGl\I8\IT IX.X3\C(
a= ll-E CI1Y a= CLEf.\RIIATER, FLffiIlY\ ("(RLi."), has joined insofar as the Sale-
Purchase kJreoTont affects property or obi igations of the CRA.. TIle provisions
hereof shall govern in the event of an confl ict bet\'\€en this Jiddendun and the
Sale-Purchase ~reemnt. The provisions hereof w,ich rEfrain executory at the
tirre of closing on the sale and purchase of the &.111 Bank/Atriun Sui Iding shall
survive closing and shall continue as obligations of the parties to this
i nst rurent .
In consideration of then1.Jtual covenants and agreEIll3nts set forth in
the Sale-Purchase Agreemnt and in this Mdendun thereto, the parties agree as
follOJ'vS:
1 . 9..N M\K/ATRILM BJI LDIN3: The Buyerl wi II purchase f ran the
Seller2 the bui Iding and the top tv\'o floors of the parking garage and_E...LL.QJ the
ai r space above3 for $6, 450,CX)(), "as is," cash at closing, all closing costs to
be paid by Buyer. TIle Buyer shall pay to the JLETICE ~FCRl\TIO\J -Se-I-~r a
deposit in the amunt of $100,CX)().OO at the tirm of execution of the Sale-
Purchase Agrearent and this Mdendu1l, as provided in Paragraph 2 of the Sale-
Purchase ,t.,greal--ent and th i s MdendLm. TI, is conveyance wi II i nc I ude the right to
construct on top of or to cover the fourth floor, the right to construct a
secur it y gate a t the beg i nn i ng of the access r all) lead i ng f ran the second f 100 r
to the thi rd floor, the right to construct a secur i ty entry or gate at the entry
or elevator to the elevated pedestr ian vvalkway over Park Street, an eaS6Tl3nt to
perrni t the continued rreintenance of the vvalkvvay over Park Street, and an
ass ignrent of the arount held in escrON by M3r i a Real Estate for the repai r of
the pedestrian vvalkvvay. A joint use ease-rent agreEJTent wi II be prepared for the
Buyer's and Seller's joint use, rraintenance and operation of the garage \/\hich
shall expire \/I.hen and if Buyer purchases the rmainder of the garage.
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IIlBuyer" n--eansWlJ.terl~rLOnnVenturesl Incorporated and/or_a neJV Florida
I imi ted partnership including but not I irni ted to-1.b?_Atr ivn at Clearwater,
Limited, a Florida I imited partnership, of V\.hich Atrivn at Clearwater, Inc., a
Florida corporat ion, wi II be the general partner, or thei r.:an assignee provided
that in no circur6tances shall the Buyer~-L~ assignee~_-e.f-At-F-i-t:m-at
Gl.ea f\l\6t-ef-;-h-iffii-t-e8,.-W~-1.eA-s~la-H-l3e-a--V\.&I-t-e-r-=r~.Hmfl-efTt c r p r i-se-aA8-Ae-t an
ent i ty \^.hich lmy clainl tax-ex8rpt status for the property..QJ the Real Estate.
211Seller"rreans theCityof Clearw:lter, Florida (the "City"), with reference
to the Sun Bank/Atr iLnl bui Iding, the top 2 floors of the parking garage, and the
pol ice stat ion.
3Conveyance 0 f any pa r t 0 f the air space above the air space con ta i n i n9 the
top tv\o f loors of the garage requ i res a deed f ran the Canrun i ty Redeve I oprent
~ency 0 f the C: ty of CI earw:lter, F I or i da (the "(RA.").
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exercised and Buyer cOllJletes the acquisition. Tho option consideration shall
be non ref undab I e and ntly be used by t he So II eras So I I e r sees fit. TIle t elm 0 f
the option wi II be t'll.O years trem the date of closing on the S.lll Bank/Atriun
bui Iding. The purchase price of the parking garage wi II be the current appraised
value to be dotennined prior to closing, but not /rnre tlmn 6 nunths prior to
BuYQ.L..~ wri tten notic~_ to Seller ot~or's_jntefLt-19 exercise-.1he_option
e-I-os-ing, with the appraisal to be obtained by Buyer fran the City's I ist of
approved nppraisers attached hereto as Exhibit A. Closing shall be obtained
within 90 days follONing Btl~~ wri.1_t~.D_ notice_ t9_SeI~J..Q.f_Bu~s. intent-1.o
exercise -t11e-cxclce-i-se-of- the opt ion. 1110 te/nI; of the purchase shall be as
fo I IONS: 1110 $50 I (X)(). 00 c r od i t sha II cons t i tu te pu r t 0 f the dON) payrrent at t in-e
of closing wi th 20 percent of the total purchase pr ice being due at closing as
the dOJ\fl payrrunt (including the $50,CXX)}, wi th the balance to be paidin SEmi-
annLlal instaUn-ents IrolHhl-y in accordance wi th a 20-year amrt izat ion schedule,
with the first pa'yfrent due on the first day of the_seventh rmnth follONing the
rmnth in v\.hich closing occurs but with the principle balance due and payable on
the fifth anniversary of the dat..9_M_c19sin9 -f-i-r-s-t-sehedu+eEJ-pa)ffBA-t-da-t-e, at an
annLla I interest rate eCill9.1--1.90 f-~pf.irre.!~-or-t1'le-f\lw-Y0-r-k-f.H-irre-ra+e-as-f3ue.J.-i-sAed
-j n--t-heWl H-St r-ee-t-Jou fFlil l-en-.;the-date-the-ep t-j on--j-s---exere-i-sed-,er the app I i cab I e
federal rate Jor.mid-temldebt_B..;;._cfetemlinedlli_JJ_19.lnternal Revenue Service.J.Qr
the nun th_ in v\h i ch c I os i ng occur SL V\h i ch-Late_211a I I. be f i xed-1ill the te nn of--.!.he
i!1gebledl1e~L -i-f-l=-ti-gAer--tAan---t-he--f)f-iFre-r-ate,-per-8AAlffl; secured by a f j rst
nu r tgage on 1 he p rope r t y . -In-{ ~le--even{-a-fange--e-l-pf- jwe-rates-i-s-plJs-I-i-sl1ea--+n
the~- l-I-St-,:ec t---Jou fnal,--l he-mi EJPO-iFl t--of'--5ueh-rDnge-shal-l-be-useo-;--lllH-Frl'-e-f-est
-fa l c-and-pa'yHEfll--a+DUFll-slla H-be-m-J.j us t ed--annua l-ly-as-of-eaeh-aAA-i-vefsa-r-y-ef-t+le
oat e-of-exe re-ise- of-t Ae--epH ol1,-baseEJ...-upen-i fle-f en ses-e r- deereases-i-A-Hle-pf-iFfB
-r-ate-;- Buyer is entitled to an option for leasillg48 parking spaces on the first
1\1\.0 floors of the garage at an annual rental rate equal to 75 percent of the
annual rate (12 t in--cs the nunthly rental) to be charged for reserved parking
spaces in Buye r' s por t ion 0 f the gar age, for the ba I ance of the 15-yea r term,
said rental rates to be corputed as set forth in the l\t13intenance and Q:>eration
.A{]rearent for the Park Street Garage entered into betV\eenfVbck Clearwater Limi ted
Partnership and the City on January 8, 1990.
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3. FDLICE SIi\TIQ\J. 111e Buyer wi II have aright of first refusa I, as
distinguished fron an option, on the pol ice station, giving to Buyer the right
to ntltch the highest cm-petitive bid M-9l above the appraised value of the
property:l I f the Ci ty receives a bid 'f\,hich the Buyer is urwi II ing to rretch,
this right shall expi re upon the closing of the other bidder's offer. 11le right
of fi rst refusal wi II have an indefinite termcolnrencing frail the date of closing
on the Sun Bank/Atriullbui Iding but expiring upon the sale of the Sun Bank/Atriun
bui Iding by the Bllyer~!--L1~_ assignee. I f the Ci ty abandons the use of the
pol ice stat ion as a pol ice stat ion or other publ ic use, then Buyer rray request
the Ci ty to advert ise the pol ice stat ion for sale (as "surplus"), wi th any such
purchase offer to be equal to or greater than the fai r rrarket value of the pol ice
stat ion property according to an appraisal -.1.9 be obtained~ Buver frem the
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'1Because the pol ice station is City property and not CRl\ property, the sale
of the pol ice station is subject to the City 01arter requirErrEnts to declare the
property surplus and to sell to the party sUbllitting the highest cOTpetitive bid
at or above the appraised value. See Section 2.01(d}(4), City Olarter. A right
of first refusal vvi II pern1it Buyer to rrotch the high bid, or vvaive that right,
at his e I ec t ion.
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City's I ist of approved appraisers attached heretp as Exhibit-1\-+e-ee-peT-f-eflTBd
6y--eAe-e-f-t.he-af3~ra-i-se-r-s-eA-tfle-l-i-st'-e..f-Pi3l3feved--~p ra+se.H) .
4. SPJlCES .ARJ.N) ~ . TIle I and occup i cd by the ground - I eve I pa r king
spaces on the east and south sides of the garage is part of the real property on
vJ-1ich the garage is located and is subject to and part of the Buyer's option to
purchase the garage. 111e nUTber of parking spaces shall be determined by
reference to the survey of the property.
(1) I f the option to purchase the garage is not exercised, the property
wi II rerain CRt\ property and the Citywi II continue to have the right to use the
spaces for parking for City purposes without charge.
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(2) I f the opt ion to purchase the garage is exercised, and if the pol ice
station has not been relocated as of the closing on the purchase of the garage:
The Se II e r sha II r et a in an eaSEffEn t to pe rrni t access to,
rm i ntenance, and use of the spaces for park i ng for Ci ty purposes
wi thout rent for a term of 2 years after closing on the garage or
until such tin-e as the police departn"Ent is relocated, Vl.hichever
occurs earlier. (The Seller does not represent that the police
departrnmt wi II be relocated.) TIlis SaTe eaSffll3nt shall provide for
access to these spaces over the pol ice station property, \^.hich
easerent shall benefi t Buyer and its invi tees after the 2-year term
or \^.henever use of these spaces is granted to Buyer. Thus, there
shal I be an easarent created as a recorded encUTbrance on the pol ice
station property.
(3) If the option to purchase the garage is exercised, and if thepoli'ce
stat i on has been re located at such t irre, the spaces sha II be inured i ate I y
avai lable to Buyer for Buyer's uses (with the eaSEIl13nt over the pol ice station
proper ty) .
5. SPPCES 8JJTH 0= ATRILM BJI LDIN3. The six parking spaces, rrDre or
less, imn--ed i ate Iy south of the At r iun Bu i I ding, wi II be "reconf i gured" to permi t
landscaping, provided that the access to the East..\!\est alley.J\aY is preserved and
rmintained in its present location or in a substitute location if adjoining
proper ty CWlers consent.
6. TAXES. With respect to the lease of parking spaces within the
parking_garage, the Buyer shall pay any sales taxes on the parking space rentals,
if any.5
7. APPRAISALS. In appraising the value of the garage for the purpose of
determining the purchase price, the value of the "footprint" under the garage
shall be valued as inproved and in use as a parking garage, including the value
of the inprovarents, reduced by the proport ion that the nUTber of parking spaces
then C>J\fled by Buyer (the spaces on the thi rd and fourth floors and the spaces on
the rcrrp leading froll the second floor to the third floor) bears to the total
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Snle state sales tax on the lease or rental of real property or on the lease
or rental of parking spaces in garages rray apply; see Sections 212.03(6) or
212.031, F.S.
37
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nUlber of parking spaces in the garage, counting al I laNful spaces for vehicles
in ex i s tence on the date of c I os i ng on the purchase 0 f the At r i un Bu i I ding. 111e
value of the portion of the property east and south of the garage, irrproved by
parking spaces and dr ive.J\aYs or port ions thereof, to the eastern and southern
boundaries of the garage property shall be determined separately and addedio...1b.e
-iflei-tJaea-i.ft-tI'8-f)lH-ehase--f3 r-i-ee-wfjethe-r-wi-th-t Ae va I ue 0 f the ga r age ~f-ee-t-f}F-i-A-t-"
and irrprov8T'ents the reoll as descr i bed above..19 determi ne the tota I purchase pr ice
to be paidJli Buver or its assignee under the_Rigb..L~l Fi rst Refusal.
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8. enD FAllH CEF03IT aNTlf\EB\LY. Buver shall have unti I f\bvSTber-1jL
1993 to verify various conditions reqllired~ closing, vJ1ich, shall include but
not I imi ted~
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a) Verification frol1 &J~~ and Seller's attorneys and the Title
~_that_ the Se II er ~..~_L!..Y_o f CI earwater and 111e CRL\) has the_
appropr i ate author i ty to c 10se-12Ql the cond it ions set for thin-1he_
SA.LE - R.RJ-lt\SE t{REI3\IENf, CPT I CN tCRE8VB\IT, R I G-ff a= F I R3T REFlSl\L,
IN) JO:B\D..M 10 St\LE - R...f(HASE PCREB'V8\JT ( i nc I ud i ng any pub I i c
advert i sing regui rErrentsL__
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b) Bu\'ili shall obtain re-certi fication ot the Estopgel Letters vJ1ich~e_
nON out-of date and~ n-ndi fications-1hat~ requi red therein,_
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c) Tit Ie OJni t tn13n t--19 be p rov i ded-1.Q Buye r _Qv f\bv8Tbe r...JQ, 1993. ___T i tie
V\Ork to be providedJliJrni t Pratesi, Esquire. The title cOllmitrrent-1.o
be coordinated_bet\l\€en Buyer and Seller shall include verification-0
ccrrpl iallce with various legal issues as they pertain-1.Q the Seller's_
authorizations and approvals of~ other CDvernTental ager}QY having
jurisdiction over the Real Estate!.
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d) RevieN of-EQY and al I personal property tax fi I ingsJQy the Seller and
or any of the i r predecessors \l\h i ch have not been de I ivered-19 date, and
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e) RevieN of foml and content~ Exhibi ts that~ not
attached to the ft,greEJTent or MdendLm as~ this date, but vJ1ich shall
be prepared and attached to the AGREBVENT prior-1Q NbvBTber~ 1993,
vJ1 i ch sha II i nc I ude but not be I imi ted to Exh i bit s "A" th ru~~' and~'
glus Schedules 1 and 2.
It is intended that the attorneys for Buyer and Seller wi II V\Ork~n the above
i tBT6 and have a II the i nforrrat i on and fonTS assBTb I edJQy NbvErrber...JQ, 1993t~0
that Buver wi 11J2~ ab~ to give Seller not ice on.Jli before NbvSTber-1JL 1993 that
all parties should_proceed to closinq. The $100,QCX) good faith deposit shallJ2e
considered at risk and turned over to the SellerJQy the Justice Corporationif
Bu~ provides this notice to proceed on-!2[ before NbvErrber~ 1993, and does
not close for any reason other than default_ill non-perforrranceJQy the Seller._1J
this notice is not del ivered~ Buver-1Q Seller prior-19 f\bvEJTber~ 1993, then
the deposit helQ~ the Justice Corporation shall be returned..J...o Buver forthJvith.
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9) CAPITAL IrvPfDJ'BVENTS. 111e CRt\wi II rmke a cmnnitrrent-1.92pend $150,QCX)
for in:provErrents to the area south of Cleveland Street, betv\.een the garaqe and
the aN fY.N(/ATRILM BJILDIN3 in order to beauti fy, reconfigure, landscape and
create nark areas:._111o-Dlan_Alli!ll be_subject-19 the approval--0 the Buver and
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its arcb.i t,ect. and--1he Ci ty. I f~ reta r I estab I i snrent3 east-52! the aN
BCN</ATRILM BJI LDlf\P a long CI eve I and St reet wi th CJccess-IQ the a I J ev agrg,e 1.9
relocate or abandorrrent of-1!ll.....QI-IJ pOrtiQn_qJ~ all~y...QI oarking area......t1:Jg,n
the Citvvvi II ~~ree to supoort such desire for reconfiguration of the al ley~
adjoining areas.
10) Exhibi ts. The--1Q.rr:rLQ1-1.ill! Cbtion-Io Purchase and Rigbt.-Q..f Fi rst
Bef~sa I havp. been aoproved~ Buyer and Sa I I er tlrd~ attache~:t.t.o...!b.Ls Mdendun
as Exhibits , and~
crountersigned:
SELLER:
C I "TV a: CLE/lPMTER, FI..C11I D\
Ri ta Garvey
NByor-Crrmnissioner
Approved as to fonn
and correctness:
By:
Michael J. W ight
Ci ty IVBnager
Attest:
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. M. A. Ga I bra I th, Jr.
Ci ty Attorney
Cynthia E. Goudeau
Ci ty Clerk
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m.. TER T. I<R.NVI \IENR.RES,
1l\((}RFAlE)
COM.N IlY RB:EVELCfM3\Jf Pf!BC( a=
1l-E C 11Y<F CLEPP/tATER, FI..(R I D\
By:
Ar thur X. Deegan, 11
Olai rperson
'Attast:
By:
Peter GJZza
Executive Director
JacqualynDeGroy, secretary
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Oct. 18 '9::5 16: 1.1
0000 RICHIR1JS,GJlKE'r' P. A.
TEL 813-446-3'141
P. 2
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QPT}:Olf '1'0 PURCI!A~E
This AgX'e9JUent made this _ day or 19_, by tlnd petween
COMKDNITY REDEVELOPMEN'l' AGl::NCY OF THE CITY OP CLEARWATER FLORIDA,
("CRA"), wholle address is __
and WAIlJ.'KR T. KRUMM VIWTlJRES UlCORPORA'l'ED and/or ATRIUM AT
CLEARWATER LrHI'l'BO, a Flori"a limited partnership, (IIBuyer"), whose
uddress is 9585 Dethel Ro~d, columbus, ohio, 43220.
WIT N E SSE T H:
WHEREAS, eRA ia the owner of the real property deacribed in
EKhibit "A"; and
WHEREAS, Buyer has acquired or will acquire the property
described in EKhibit liB"; and
WHEREAS, Buyer wishes to securo an option to purchase tho
property described in E)(hibit IIA" on the torms and conditions
hereinafter sat forth.
NOW, THEREFORE, in consideration or the promises, covenants,
and conditions hereinafter oat forth the parties agree as follows:
1. The recitals contained herein are true and correct and
made a part hereot.
2. aimul taneously hcrewi th Buyer ahall pay to eRA the sum of
$50,000.00 as conBi~Qration for thia option.
This Rum ahall be
non-refundable ~nd in the event Buyer exerci~oB thia option and
closeG this trl1nsllction 1n f1ccordance with this Agreement the
option money paid pursuant h~reto ahall be credited against the
purchase price heroinafter Bet forth.
3. This option ohall expire on November 30, 1995, at 12:00
P.M.
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4. In the evont ~uYl!r intends to e)(aro!se this option, Buyer
shall serve written notice on eRA by certitied mail return receipt
requested within the time set forth in paragraph 3 hereof. Hit:hin
90 days of tho oxercise of thic option but in no event later than
February 28, 1996, Uuye~ ahnll clos8 on the property described in
EKhib1t IlAIl in accoruance wjth the terms hereof.
5. The total purchasa price for the property described in
Exhibit. "A" will be tho currant appraised valuo of the property
1
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(f'oml of Exhihit "as beell approved by Buyer)
Oct. 18 '93 16:15
ooee RICli"i<OS,GIU<EY P,R.
TEL 813-446-3741
I.
P. J
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determined by an appraiser from the list attached as Exhibit "C".
The appraisal shall be dated and be offcotiva no ~ore than 6 months
prior to the closing.
6. The appraider appraising the property ~escribed in
Exhibit II A" shllll usa tho following formula in determining the
value: the land under the footprint where the garage is locatGd and
the improvemonts thereon ah~ll be valued by the appraiser. The
Purchaae Prio~ shall bo determined by prorating the appraisod value
or the land and improvement on the footprint based on the total
number ot spaces being acquired by Buyer compared to tho total
numbor ot spaces in the garage. Tho partiea acknowledge that the
total number ot parking 5pacoe in the garage is 407.
Buyer
presently owns or will own at closin9 of the property described in
Exhibit "J:l" 211 spaces within the garage. Buyer S1hall pay 48.16t
of the appraiaad value ot the garage and land under the garaqe to
the city as: the purchase price for the parking flpttCeS owned by CRA
within the garage and land locatQd on or under the footprint of tho
garage on the property described in Exhibit "A" to be acquired by
Buyel:'.
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The value of that portion of tho property east ttnd south or
tl1e garage and improved by parking spaces tlnd driveways or portions
thereof to tho castern nnd southern boundaries ot the property
described in Exhibit "A" ahall be determined separately and added
to thl) value of the parking garage hereinbefore set forth to
dotermine the total purchase prics under this option.
7. If the Buyer eXerOif:l6S this option and acquires the
proporty described in Exhibit "A" and tho city of Clearwater haa
not relocated ita police station located at 644 Pearce street,
Clearwater, from its present loc!tion, then and in that event,
Buyor shall upon the Closing of the proporty described in Exhibit
"A" grant to the city of Clel11'w~ter an unencumbered easeltlent for
acceS6, maintenanco and use of those parking spaces described in
Exhibit "0". Said euaemont shall bo tor u term of Two (2) years
trollt the clolJing of the purchase of the property described in
Exhibit "A" or until the city of Clenrwator ralocntes its police
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Oc~. 18 '93 16:16
??oo RIClmOS,GILKE'( P. n.
TEL 813-446-3741
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P. 4
station (rom ita present location at 644 Pearce streetl whichever
shall tirst occur.
S . In the avent Buyer exercises this option eRA shall convey
title to auyer by special W~rranty Deod, tree and clear ot all
lions and encumbrances except easements and rostrictions of record
and taxes for the year of closing,
eRA shall furnish title insurance insuring tltlo in the amount
of tho purchase price. The cost of the title insurance, apprai5al
tees, recording the dead and dooumentary stamps on the deed,
intangible tax, documentary stamps and recording of the note and
mortgage aha1l be paid by the Buyer.
9. In the evant Buyor exercises this option, Buyer ahall pay
20\ of the purohase price at closing. Buyer shall be given credit
for the $SO/ooo option money paid pursuant hereto 8gain&t the 20\
due at closing. The balanco of tho purchase price Ghall be paid in
the form of a first purchase money note and mortgage to bQ executed
by the Buyer which closeo on the garage and the property described
in Exhibit "all.
The note ahall be amortized over 20 years and
shall balloon in 5 yearn.
InteruBt sh~ll accrue at the federal
rate Charged for mid-term debt ae detormined by the Internal
Revenue Sorvice for the month the cloaing occurs. Payments shall
be paid semi-annually commancing with the 7th month following
clo91ng.
Provided the nuyer of the garage is the owner ot the
.i
proplilrty described in Exhibit liB" then the Note shall be non-
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reCourse.
The torm of the note and mortgage shall contain those terms
and provisions generally found in commercial real estato note8 and
mortgages utilized by commercial lending institutions in Pinellas
County, Florida.
10. In the event nuyer docs not exercise this option within
the time period sat forth in paragraph J heraof or in the event
Buyer exercises this option and fails to close on the terms And
condition8 hereof all Buyers's rights hereundor lihall cease and
terminata and shall be of no further force and effoct.
11. All payments hereunder except the no to and mortgage
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00~ R1CHARDS,GILKEY P.R.
TEL 813-446-3741
P. 5
payment$ shall be in cash, wire transfer or certified funds.
12. The property described in Exhibit "A" /'Shall be purc)u18Gd
in an "as is" condition. Buyer acknowledges that it. has not. :t:81ied
on any ropresentation, express or implied tram eRA in connection
~lth the p~operty or the improvoments thereon I provided however,
eRA doos raprasent that it has the power and authority to snter
into this Agreement. and consummate the transaction contemplated
hereby.
13. Opon the 01061 iog in the event Buyer exercises thia
option, real Gstate texas and QeaeS~m8nts shall bo prorated as of
the date of closing.
14 . All noticen 811ell bl! givon by certified mail return
rooeipt requested directed to t.he parties at the ClddresSQB sat
forth balowl
As to eRA:
P.O. BOK 4740
Clearwater, Florida 34618-4746
As to Buyar:
Attontion: Walter J. Mackey, Jr., Esq.
1601 Forum Plaoe, suite 805
Wast Palm Beaoh, Florida 33401
and
921 Chatham L~ne, suite 110
Columpus, Ohio 43221
15. ThJa Agreement is not assignable by the Buyer any
att.empted assignment without the prior wrltten consent of the eRA
shall be null and voidl provided however, Buyer shall havo the
right to aSGign this Agreement to entity wherein Buyer or Walter T.
Rrumm is a principal provided such entity may not claim tax-eKompt
status for the property being acquired.
16. This Agreement is binding on the parties, their
successors and assigns.
In witnQSB whereof the par€iea have eKecutad this option
Agreement this ____ day of
, 19_.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
BY:
Arthur X. Deegan, II
Chairperaon
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OCl. 18 '93 16; 17
01300 RICllI'l!(llS,GILKEY P. n.
TEL 013-4~G-3741
P. 6
BY I
P~ter: Cozza
Exeoutive Director
ATR:IUM AT CLEARWATER, LTD.,
B'l I A tr ium i:lt Clear'Wa tor, Inc.,
General Partner
an
NAME:
President
WALTER KRUMM
INCORPORATED
VENTURES
BYI
H AIm I
'rITIE ;
STATE OF
COUNTY OF
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I flER~BY CERTIFY that on th1~ day personally appeared before
me, an officer duly authorized to take aoknowledgements, ARTHUR X.
DEEGAN, II, PETER GOZZA and JACQUEuYN DEGRaY, as Chairperson,
Exeoutive Director and secretary, respectively, of Community
Redevelopment Agency of the city of Clearwater, FlorJ.da, who are
per~onally known to me or who have produced _
as identification, and they ~re the persons desoribed in and who
executed the foregoing Option to purchase and they acknowledged
than and there before me that he executed the same as such offica
on behalf of said community Redevelopment Agency of the city of
clearwater tor the purpolieB therein expressed; and that the said
Option to ~urchas9 is the act and dead of said community
Redevelopment Agency of the City of Clearwater.
WI'l'NESS my hlind and official sElal tbi~ ~ day of
, 191)3.
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Namel
Notary Public
commission No.
My Commission Expires I
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STATE OF
COUNTY OF
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I HEREBY CERTIFY that on this day personally appeared before
me, an of!icer duly authorized to take acknowledgements,
, as general partner of Atrium at
Clearwater, Ltd., who is personally known to me or who has produced
a~ identification, i:lnd he is the
person described in and who exocuted the toregolng Option to
Purchase, and he acknowledged th~n and there before me that he
Qxecuted the same liS ouch general partner on bellal! ot said
partnorship for the purposes therein express; and that said Option
to Purchase is the act and deed of said partnerohip.
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OCL. 18 '93 16118
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??oo RICH1RDS,GILKEY P. A.
P. ?
TEL 813-446-3741
WITNESS my hand and ottioial 8ea1 this ____ day ot
, 1993.
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STATE OF
COUNTY 01"
Name:
Notary Public
COllU\lission No.
My Commisaion Expires:
I llEREBY CERTIFY that on this day personally appeared before
~Q, an otficer duly ~uthorized to take acknowledgemanto,
_ as
ot WALTER KRUMM VENTURES INCORPORATED, a Florida corporation, who
is personally known to me or who has produced
___ BS identitication, and he is the perGon describsd in and who
executed the foregoing option to Purchase and he acknowledged then
and there before me that he executed the same as suoh office on
behalf of said oorporation tor the purposes therein expressed; and
that the said Option to Purchase is the act and dced of said
corporation.
WITNESS my hand and orticial seal this ____ day of
, 1993.
" EGP: rm
\clear\atrium\opt.pur
Name:
Notary Public
COJllmiscdon No.
My Commission Expires:
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Oct. 18 '93 16:18
oom~ RICHARDS, GILKEY P. A.
TEL 813-446-3741
P. 8
RI~HT OF FIRS'f REPUSAJ"
This Agreement ~ade this day of , ~9___,
by and between CITY OF CLEARWATER, FLORIDA, (hereinafter referred
to as "City"), whose address is
and WAUrER KRUMM VENTURES INCORPORATED and/or ATRIUM AT CLEARWATER,
r~D., a Florida limited partnership, (hereinafter referred to as
"Buyer"), whoae address is 9585 Bothel Road, Columbus, Ohio, 43220.
WHEREAS, city is the owner of that certain property described
1n Exhibit "Alii and
WHEREAS, auyer has or will have purchased the property
de~cribed in Exhibit liD" and city has agreed to grant Buyer a right
of first refusal to purchase the property described in Exhibit flA"
on the terms and conditions hereof1 and
WHEREAS, the parties wish to tOr1l\alize their agreement as
hereinafter set forth.
NOW, THEREFORE, in consideration of $10.00 and other good and
valuable conDidaration the parties agree as !ollowa:
1. The recitaln contained herein are true and oorrect and
~adc a part hereof.
2. city hereby grantu to Buyer the right to purchase the
property deecribed in Exhibit llA" on the same terms and conditions
that City is willing to accept from a bona f1de third party
purchaser.
3. Buyor understands and agrees that the property doscribed
in Exhibit II A" is subj act to City' G Charter requirements that
mandate that it be declared surplus and must be sold to the party
sUbmitting the highost competitive bid at or above the appraiaed
value aa determined by an appraisal trom one of the appraiser
listed on Exhibit "C".
4. In the event the property described in ExhJbit "A" has
been declared surplus and City has advertized said property for
sale and has rnceived a competitive third party bid at or above the
appraised value of the property" city shall furniall Buyer with a
copy of said bid and offer and Buyer shall have 10 days atter
1
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(Fonll ojExhibiJ lias bee" approved by Buyer)
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Oct. 18 '93 16119
0eoo R1ClmOS.GILKEY P.O.
TEL 81J-~46-3?41
receipt ot said offer to sleet to match or exceed 8~id bid and
offer ~nd exerciaG this ri9nt of tirst refusal. In the event Buyar
110 exercises tl\ia right of first refua~l it ahall aerve written
notice on city ~nd shall procead on the same terms and conditions
as tho thir~ party bidder to olose the purchase of the property
within 90 d~YB of thQ notice. In the event Buyer fails to close
after Buyer has notified Cjty of its election to proceed under this
ri9nt ot first refusal, then this right shall terminate. In the
ovent 8uyer fails to exercise this option ~nd city closeS with tho
third party bidder this right of first refuGal shall termin~te.
5. At such tllne as city ceases to use tha property daSlcribed
in Exhibit "A~ as a police station or for any other public purpose
Buyer ah~ll have tho right to request that the city declare said
p~operty surplus and that it be di~poSQd of in accordance with the
terms ot the city Charter in accordance with the price estab~i8hed
by an appraiser from the list attached as Exhibit "C".
6. Notwl thGtanding anything contained herein to the
contrary, nuyers rights hereunuer shall cease and terminate upon
Buyer's sale of the property described in Exhibit "B" or upon the
~ale, transfer or. conveyance of the general partner's interest 1n
the Buyer, to an entity which is other than Walter T. Krumm
Ventures Incorporated, or its related entity, whichever Bha11 firat
oocur.
7. In the avant it becomes necessary to enforce this
Agreement by legal prooeeding the prevailinCj party in any Guch
proceeding shall be entitled to recover all costs and. expenses
including a reasonable attorney's fee.
B. Buyer shall have no right to assign its rights hereunder
without the prior written consen~ of city except to the general
part~er of Duyer or except to an entity wherein Buyer or Walter T.
l\rul\\l1l is II principal which entity ahnll not be an entity which may
claim tax-exempt filtntua for the property described 1n Exhibit "A".
9.
The Duyer shall be oblig~ted for all costs and expenses,
inoluding the oost of any appraisals requirod by t.hh Agreement,
documontary st~rnpB, title inGurance and r~cordinq coat$.
2
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. OcL 18 '93 16129
eeG0 RICHARDS,GILKEY P,A.
TEL 813-446-3741
...-. -
10. city representaand warrants that it has full power and
authority to enter into this Agreement and con5ummate any
transaction arising heretro~.
11. The property described in Exhibit "A" is oubjact to tholle
eUlement rights to be granted to Buyer and retained by City
pursuant to th~t certain Addendu~ to Sale and purchaue Agreement by
and botween city and Buyer dated,
, 1993, a copy
of which iB on file with the city Attorney tor the City.
12. This Agroement i13 binding on and shall insure to the
benefit of the parties horato, their successors and ass1gns.
IN WITNESS WHEREOF, the parties have executed thl& Agreement
this __ day or
, 19_.
countersignedJ
CITY OF CLEARWATER, FLORIDA
Rl ta Garvey
M~yor-Commi8sioner
BY:
Michael J. Wright
City Manager
Approved as to form and
Correctness:
Attest:
M.A. Galbraith, Jr.
City Attorney
Cynthia E. GOUdeaU
City Clerk
ATRIUM AT CLEARWATER, LTD., a
Florida linited partnership
BY: ATRIUM AT CLEARWA'l'ER, INe.,
Genoral partner
BY:
I'rosidont
AttastJ
Seoretary
WALTER KRUMM
INCORPORATED
V~NTURES
BY:
NAME:
TI'l'LE :
STATE OF
COUN'l')C 0 F
:r IlEREDY CERTIFY that on thia day porsonally appeared before
me, an officer duly authorized to take acknowledguments, MICHAEL J.
WRIGHT, RITA GARVEY nnd CYNTHIA E. GOUD1::AU, aa city Manager, Mayor-
Commissioner and City Clerk, respectively of city of Clearwater, ~
municipal corporation organized under the laws of Florida, who are
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Oct. 18 '93 16:21
0000 RICHARDS,GILKEY P.R.
TEL 813-446-3741
P,ll
pGrsonBlly known to ~8 or who have produced
AS identification, ~na they ara tha persons dftRCrioad in and ~ho
executed tho torG9oinq Riqht of J.l'irue RuL'ullal and they acknowledged
then and thore betore D\a that they 8Kecuted the game as such ottice
on behalt ot 8aid city ot clearwator tor the p'JrpO!l&S therein
expressedl and that the saia Right ot Firat Re!u~Ql 1s the aot and
deed of Baid city ot clearwater. .
WITNESS ny hand and official Haa~ thi.. _ day of
, 1993.
'j
Name:
Notary .Public
COW1\lasion No.
My commission Expires:
STATE 011'
COUNT~ OF
I HEREBY CERTIFY that on thi~ day per60nally appeared ba!oro
mft, an officQr duly authorized to taka acknowledge~ents, _
, as President of Atrium at Clearwater, Inc.,
auCeneral P~rtnor of Atrium at: Cleurwutlitr, Ltd. I u Florilla 11111itou
partnornhip, who is parBonally known to ma or who haa produced __
. as identifioation, and he is the person
dB~arihftd in and who executed the forQgoing Right of Pir"t RQfuaal
and hB flcknowledged then and there before me that he executed the
samB as Buch or~icQ on bahalt ot B~id partnerahip for the purpoae~
therein expressed/ and that the said Right ot rirst Re~~al is the
act and daed of aaid partnership.
n:rTNESS my hand and ofticial seal this _ day ot
, 1~93,
Nama:
Notary pUblic
commission No.
My Cornmisaion Expires:
ST}\'fE Of'
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
me, an otticer duly authorized to take acknowledge~entG,
aB
of WALTER KRUMM VENTURES INCORPORATED, a Florida oorporation, who
ia personally known to me or who haa produced
___ as identification, and he i~ th~ parson dnscribed in and who
axecut{fd the foregoing Ri9ht ot First Rafu~al and he aoknowledgad
then and therQ before m" that he ex~cuted the aa~e as such office
on behalt ot naid corporation to~ the purpoooo tha~Qin oxproBsedl
.and that the auid night or Firat Refusal is the act and deed ot
said corporation. .
WITNESS my han~ and official seal this ____ day of
, 1993.
BG~:rJll
\claar\atrium\tirst.r~t
Nama:
Notary Publio
commission No.
My Commieaion Expires:~
4
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Atriu m-l /Receipt
ATRIUM AT CLEARWATER
EARNEST MONEY DEPOSIT RECEIPT
The undersigned hereby executed this agreement for the following sale and
limited purposes to: (i) acknowledge receipt of the Earnest Money Deposit of
$100,000.00 and a copy of the Agreement executed by Buyer; (ii) evidence its
agreement to hold the Earnest Money Deposit in trust for the parties hereto in
accordance with the terms of the Agreement and Addendum attached hereto; and
(iii) acknowledge that upon c0111pliance by the parties hereto with the terms of the
Agreement and Addendum, the undersigned is prepared to disburse such funds
according to the Agreen1ent and Addendum.
Justice Corporation
19329 U.S. 19 North, Suite'lOO
Clearwater, FL 34624-3156
By:
Date of Execution: October 19, 1993
Telephone: 813-286-3600
,
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JUSTICE CORPORATION
ESCROW ACCOUNT
19329 U.S. HIGHWAY 19 NORTH SUITE 100
CLEARWATER, FL 34624.3172
PH. 813.531-4600
CUIHlr:'~CY ..
li~i~
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COIN ~
63,612/631,
38
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DATE
DEPOSIT TICKET
I CL0 0; lD.3' L
CIICCICIl ~
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0210031
0.".." IIluU. Ollie.
2145 W.1t lay D,Iv.
.."..Ir 1I1uU.. Flo,Ida 34140
",T 0131011211
$
/tJtJooo,~t)
CltCCKS Ar~n orUE" .feus A"E nrr:t....(o rOfttlrllOr,n ~UIlJI....,. 10 f'l( rnOVl~tO""
or Hit UUlI on... COUU( nOAl C:f)or on ^"., """llIC"nl r (:()l1 [CliO" An'I( r "1"11
""'OSIIS UA'( Mn 01 AVAllA"l (rnUII".Il.4lfU41F wllllnnAwAl
TOTAL rnOM
OTfIt:/lS10n ~
1:[;0 2[;0 ~ 50[;1:
~ 2 b ~ ~ g B g 5 Sill
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10-20-93 04:50PM FROM JUSTICE CORP,
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TO 46.26720
P001/002
JusrlCE
CORPOAATlON
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FAX TRJU:SMITTAL SHEET
DATE:
OCTOBER 20, 1993
'1'0:
M. A. GALBRAITH, JR.
(FOR IMMED!ATE DELIVERY)
COMPANY NAME:
CLEARWATER CITY ATTORNEY
TELEPHONE NUMBER i 4 6 2 - 6 7 60
462-6720
FAX N~lBER:
SUBJECT:
SALE OF SUN BANK ATR!UM BUILDING
NUMBER OF PAGES BEING TRANSMITTED INCLUDiNG COVER PAGE: TWO
(PLEASE NOTIFY US IMMEDIATELY I~ YOU DO NOT RECEIVE ALL PAGES.)
FROM: A. N. JUSTICE
MESSAGE:
ec. WALTER J. MACKEY, JR., ESQUIRE
MICHAEL J. WRIGHT, CLEARWATER r.JTV MA~AGRR
aECE.PJEO
O(;T 2.11993
,", I"l' '( L\.TT ORI'-JE Y
.oJ
ORIGINAL W/ATTACHMENT(S) MAltED TO REClr!ENT:
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YES
NO
19329 U,S, 19 North. Suite JOO, Clu:lI'wntl~r. Rlorida 346J4.3156
Telcphon~: 813-531-4600 FAX: 813-5jO.4004
10-20-93 04: 50PM FROM JUSTI CE CORP,
I
P002/002
TO 4626720
,.
~\ Ce~
MENORAllDUM
TO:
M. A. GALBRAITH, JR., CITY ATTORNEY
/
A. N. JUSTICE P;1
OCTOBER 20, 1 !/; 3
SALE OF THE SUN BANK ATRIUM BUILDING
FROM:
PATE:
SUBJECT:
AFTER HAVING CONFERRED WITH MR. MACREY, I FIND THA'I' THE BUYBR
IS !N AGREEME~'l' WITH THE DELETION OF PARAGRAPH 9 FROM THE ADDENDUM.
THEY ARE ALSO AGREEABLE TO DELETE TUB PR.OVISION l?ERTZ\J:NI'NG '10 'rHE
NON-RECOURSE NOTE. WE ARE ALSO AWARE THAT THE BUILDING STOCK
INVE~TORY REMAINS THE PROPERTY OF CITICORP. WE ACKNOWLEDGE THAT
AND AGREE TO DEAL WITH CITICORP AS AN INDEPENDENT ENTITY SEPARATE
FROM THIS TRANSACTION. WE ALSO AGREE TO REMOVE FROM THE ADDENDUM
A PARAGRAPH CALLING FOR THE eRA TO COMMIT TO SPENDING $150,000 IN
CAPITAL IMPROVEMENTS.
HOWEVER, WE WOULD LIKE SOME LANGUAGE
INSERTED TO THE EFFECT THAT, AT THE TI~m THE eRA IMPLEMENTS THE
MAIN ST~EET FACADB IMPROVEMENT PROGRAM, THE REAR OF THE BUILDINGS
ON THE SOUTH SIDE OF CLEVELAND STREET WOULD BE INCLUDED IN SUCH
PROGRAM.
HOPEFULLY THESE CHANGES WILL ALLOW THIS TRANSACTION TO BE
A~PROVED TOMORROW EVENING.
CC: WAI,TER J. MACKEY, JR., ESQUIRE
MICHAEL J. WRIGHT, CLEARWA~ER CITY MANAGER
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Clearwater City Commission
Agenda Cover Memorandum
'1.
Item #
Meeting Date:
101 Q / /13
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment and Zoning Atlas Amendment for 2088 &
2090 Sunnydale Boulevard; Owner: Sunshine Properties; 1.24 acres m.o.1.
(A 93-21 & LUP 93-29)
RECOM M EN DATI ON/MOTION:
Approve the Petition for Annexation, Future Land Use Plan Amendment to Industrial Limited and Zoning
Atlas Amendment to Limited Industrial for part of Lot 2, Clearwater Industrial Park, and pass Ordinances
No. 5474-93, 5475-93 and 5476-93 on first reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located on the north side of Sunnydale Boulevard approximately 1,270 feet east
of Hercules Avenue. There is an existing structure on the property. The applicant wishes to annex to
obtain City services including sewer service.
The Planning arid Zoning Board held a public hearing on this application on October 5, 1993, after which
they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Industrial
Limited, and Zoning Atlas Amendment to Limited Industrial to the City Commission
Pertinent information concerning the request is summarized in the tables on page 2.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N~
K~/A
Originating Dept:
CENTRAL P M
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
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Costs: S N/A
Total
User Dept:
Advertised:
Date:
~ Paper: TAMPA TRIBUNE
_: t D Not Requi red
: Affected Parties
~ 181 Notified
'D Not Requi red
FU1ding Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCES NO. 5474-93, 5475-
93, & 5476-93
LOCA TI ON MAP
S
Appropriation "Code:
o None
.""ta
~. Printed on recycled paper
A 93-21 & LUP 93-29
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY
COUNTY
ZONING
ACTUAL USE
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Subject
Property
North
County
Industrial Limited
M-1
Vacant industrial building
City
City
Medium Density
Residential
Industrial
Industrial
RM-12 Sunset Grove Condo
City
South
East
IL Tanka Screw Products
IL Space Center, contracting offices
and shops.
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West
County
Industrial Limited M-1
Gagne Wallcoverings, Inc.
DESCRIPTION
ZONING RESTRICTIONS
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'j~I!!iii:!I:!!!i"',I:ljl!::!,~!!I!I!!!i!!!:!lli!!!!!!!ll:!!~I!II:l:I!t.~I:'::li!!~I:i:~i:ll!I!!ij:!il!I:!!!':::!III::'i:j:l!:!!::,:!!!!I!,j!'!,
,!:~!::lii::l:!~::i",!:!!!:!i::!:I~!~!li,:'!!!!I:!::,1~!:!:I~!!llj:l!~~~!I::ilil!~!::!::!!:!:!::!I:I:!!!!!:::!:I!lll!:,:!!I!~!::~!i!I!!!'::'i'
::!I!!!::::!!lli::::!I:ill:!!!:~:I!!I!:!I:!!!!!ii!!:il!111!!!!!:!ll~I~!!:!!:!II~:~::I!I!!!!:I!"!I!l[i'!:!!!!l'!!:i~i:"!!:ii:'!I!!:!:::'~!I!II'..:::
11111f1111\111
EXISTING
Lot Area
Lot Width at setback line
Depth
Floor Area Ratio
54,011.65 sq. ft. m.o.1.
163.7 ft.
:i: 330 ft.
0.10 m.o.1.
Open Space
Lot
Front
88% m.o.1.
91 % m.o.1.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIA TIONS
IL
M-1
RM-12
Limited Industrial (City)
Light Manufacturing and Industrial District (County)
Multiple Family Residential "Twelve"
" ~: "
"
ORDINANCE NO. 5474-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AHHEX I NG CERT A I N REAL PROPER TY LOCATED ON THE HOR Tll S I DE
OF SUNNYDALE BOULEVARD, EAST OF HERCULES AVENUE,
CONSISTING OF PART OF LOT 2, CLEARWATER INDUSTRIAL PARK,
WHOSE POST OFF I CE ADDRESS IS 2088 AND 2090 SUHNYDALE
BOULEVARD, [tHO THE CORPORATE L It~ I TS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clea~/ater to
annex the property into the City pursuant to Section 171.044, Florida Statutes,
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COM~lISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section I. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit B attached hereto.
Section 2. The City Commission does hereby certify that this ordinance is
con 5 i s ten t wit h the City' s Com pre hen s i ve P 1 an. The C i t Y Co mrn i s 5 ion her e by
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
i~ithin the annexed property. The City Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption.
The City Clerk shall file certified copies of this ordinance, including the map
attached hereto, '..lith the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, ',..,ithin 7 days after adoption, and
shall file a certified copy with the Florida Department of State within 30 days
after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Aoproved dS to form dnd correctness:
.\ttest:
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...; ttorney
Cynthld
E. Goudeau, City Cler~
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ORDINANCE NO. 5475-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE lAND USE PLAN ELEMENT OF THE
CONPREHENSI VE PLAN OF THE CI TY, TO CHAt~GE THE LArW USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH S I DE OF SUNNYOALE BOULEVARD, EAST OF HERCULES
AVENUE, CONSISTING OF PART OF LOT 2, CLEARWATER
INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2088 AND
2090 SUNHYDALE BOULEVARD, FROM UNCLASSIFIED TO
INDUSTRIAL lIMITED; PROVIDING AN EFFECTIVE DATE.
. ;
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
See Exhibit A attached. (LUP93-29)
land Use Cateqory
From: Unclassified
Property
To: Industrial limited
Section 2. The City Commission does hereby certify that this ordinance 1S
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5474-93.
...
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
~K
r~. A. G a 1 bra i t h I Jr.
City Attorney ''-.../'
Cynthia E. Goudeau
City Clerk
ORDINANCE NO. 5476-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
N~EHDING THE ZONING ATLAS OF THE CITY BY lONING CERTAIN
REAL PROPERTY LOCATED ON THE HORTH SIDE OF SUNHYDALE
BOULEVARD, EAST OF HERCULES AVENUE, CONSISTING OF PART
OF LOT 2, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE
ADDRESS IS 2088 AND 2090 SUNNYDALE BOULEVARD, AS
DESCRIBED MORE PARTICULARLY HEREIN, UPON ANNEXATI0r~ INTO
THE CITY OF CLEARWATER, A$ LIMITED INDUSTRIAL (IL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
ZoninQ District
See Exhibit A attached. (A93-21)
IL - Limited Industrial
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5474-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved liS to form l\lH1 correctness:
J<<-A-~
~L A. G a 1 bra i t h 0r ., C i t Y At tor n e y
..\ttest:
Cynthia E. Goudeau, City Clerk
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EXHIBIT A
The East 1. 24 acres of Lot 2, CLEARWATER INDUSTRIAL PARK, as
recorded in Plat Book 44, Page 46, of the public records of Pinellas
County, Florida, more particularly described as follows: Begin at
the Southeast corner of said Lot 2 for a point of beginning; thence
North 89021149" West along the North R.O.H. line of Sunnydale Blvd.,
163.74 feet; thence North 00017'47" West 330.14 feet; thence South
89010'38" East along the North line of said Lot 2, 163.75 feet;
thence South 00017147" East along the East line of said Lot 2,
329.60 feet to the point of beginning.
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AGENDA
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ITEM #
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Clearwater City Commission
Agenda Cover Memorandum
'I.
Item #
Meeting Date: ____
iO/~1113
SUBJECT:
Application for Amendments to the Future Land Use Plan and Zoning Atlas for 1260-1 266 Bay
Parkway, 300-322 Watkins Road, 1263 Waters Avenue, and 301-317 Pinellas Street; Owner:
Morton Plant Hospital Association, Inc.; 2.21 acres m.o.1.
(Z 93-11 & LUP 93-28)
RECOMMENDATION/MOTION:
Approve the Future Land Use Plan Amendment to Institutional for Lots 3 through 11 and Lots 15 &
16, Block B, Westover Subdivision, and Zoning Atlas Amendment to Public/Semi-Public Planned
Development for Lots 3 through 16, Block B, Westover Subdivision, and Lot 4, Barnes Subdivision,
and pass Ordinances Nos. 5465-93 & 5466-93 on first reading; and approve associated preliminary
site plan, subject to the conditions on pages 3 and 4, with the final site plan to be approved by the
City Commission at time of second ordinance reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property takes up all of the block bounded by Waters Avenue, Pinellas Street, Bay
Parkway, and Watkins Road except the three lots at the northeast corner of the block. The applicant
is requesting the rezoning to permit the development of a Cancer Care Center. The proposed clinic
will not have facilities for overnight care of patients.
The Planning and Zoning Board held a public hearing on this application on October 5, 1993, after
which they unanimously endorsed the proposed amendment to the Future Land Use Plan to
Institutional and Zoning Atlas Amendment to Public/Semi-Public Planned Development to the City
Commission.
On August 12, 1993, the Development Review Committee reviewed the proposed site plan as a
"courtesy" review to identify any technical problems with the proposal; this review, and subsequent
meetings with the property owner, have resulted in the conditions of approval listed on pages three
and four. The site plan included utilization of Waters Avenue as a landscaped buffer along the west
side of the proposed development. Morton Plant Hospital originally intended to request the vacation
of Waters Avenue, a City street having a 33 foot right-of-way in order to provide added right-of-way.
Further review indicates that the goal of providing buffer space and landscaping can be better
I
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Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N~~,z.;
N/A
Originating Dept:
Central~e~itting
COltS:
$ MIA
Total
Commillion Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Usor Dept:
$
Current Fiscal Yr.
Advertised:
Date: 8/31/93 & 9/9193
Paper: TAMPA TRIBUNE
o Not Required
Affocted Partiel
~ Notified
o Not Required
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCES NO. 5465-93 &
5466-93
LOCA T I ON r~AP
Appropriation Code:
o None
^ l d
,.~ Printed on recyc e paper
'.
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'Z 93-11 & LUP 93-28
Page 2
accomplished through a right-of-way utilization agreement between the City and Morton Plant that
will require installation and perpetual maintenance of the landscaping by the hospital but leaves the
right-of-way and associated utilities under City ownership.
The site plan also shows the utilization of the north ten feet of the right-of-way of Watkins Road for
buffer landscaping. This ten feet will be combined with the required five foot landscape buffer on
the south side of the hospital's property. This will provide a landscape buffer of fifteen feet in
width. The right-of-way portion of this landscaping will be handled through the same sort of
utilization agreement as the Waters Avenue landscaping.
The land to the east and north of the proposed development is owned by the applicant and is part of
the hospital complex. The final site plan will be submitted to the City Commission for approval at
the time of the second reading of the ordinances for Future Land Use Plan and Zoning Atlas
Amendments.
Pertinent information concerning the request is summarized in the tables below and on page three.
North
South
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
City "A" Public/Semi-Public P/SP Hospital Parking
City "B" Residential/Office OL Single family residential,
vacant, and office
City Public/Semi-Public P/SP Hospital buildings and parking
Belleair Medium Density R-1 Single family residential
Residential
City Public/Semi-Public P/SP Hospital parking
Belleair Residential Urban R-1 Single family residential
LOCATION
ABBREVIA TION:
OL
P/SP
R-1
Limited Office (City)
Public/Semi-Public (City)
Single Family Residential (Belleair)
Subject
Property
East
West
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Z 93-11 & LUP 93-28
Page 3
D ESC RI PTI 0 N 0 L PS/P ~f{'.ltlil
R EQU I REM ENTS R EQU I REM ENTS
Lot Area 6 , 000 sq . ft . m I n . 1 ac re m i n . ,'::i:::I,l:!:I:!:'::!:!~6~:I~:111:!:~I:~:::II~I::1::11'!':I::l:::::I::I:
, 11"llllltllllllllll
Lot Wi dth at 60 ft . m i n . 1 0 0 ft . m i n
setb a c k I i n e
D e pth 8 5 ft . m I n . 1 0 0 ft . m I n . 1:!I::I!I':I::I:::::::::l::I!:I:ll1!I,::111:11111:!::1~:!I:::i:I:I:i!I:I!I!:::'::I:::!,IIIII:!:I'I!I!
S etb a c ks . Illlliltltfl
.
Stre et 2 5 ft. m I n . 3 5 ft. m i n .
S i d e p ro p e rty I I n e 1 0 ft . m I n . 1 2 ft. m i n .
Re a r p ro p e rty I i n e 1 5 ft . m I n . 2 5 ft . m i n .
H e I g ht 2 5 ft . ma x . 50 ft. m a x . :!,I!:i:':::::,::::::I::::!!:!::II:!:!':::::::I::I~lll:fi~:I!I:I:I:::!!::!:I!!:I:::::I:I!II::!:!::!I:!::!::1
FI 0 0 r Area Rati 0 0 . 3 m a x . 0 . 6 5 m a x . ,:!::'::!:,::::::il:!::::I::l::!I:I::::::I:li!!:o~,II~ilil::::,!:!:!'I:::!:!I:'!'!!::I'::I!!:!:::!:I:I:
0 p e n S pa ce "Iii;illill
Fro nt ya rd 5 5 0/0 m i n . 5 5 % m I n .
Tota I I ot 3 0 0/0 m i n . 2 5 % m I n .
M axi m u m B u I I d i n g 3 0 % 45 0/0 IllltlllllllJli
Cove ra g e
ZONING RESTRICTIONS
. I
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OTHER REQUIRED REVIEWS
AGENCY
YES
X
X
NO
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
PRELIMINARY CONDITIONS
1. Signs and fencing/walls are subject to separate review and permitting processes.
2. The requisite building permits must be procured within one (1) year from the date of
certification of the final site plan and all requisites certificates of occupancy must be obtained
within three (3) years of the date of certification of the site plan.
3. Prior to certification, the preferred site data table shall be shown on the final site plan
indicating required minimums and maximums.
4. If structure requires or has installed an automatic fire sprinkler system, a FIRE DEPARTMENT
CONNECTION shall be installed a minimum of 15 ft. 'from the structure, adjacent to a paved
drive and within 30 ft. of a fire hydrant assembly.
5. Morton Plant Hospital shall execute a right-of-way utilization agreement with the City of
Clearwater to use Waters Avenue from Pinellas Street to Watkins Street to provide a berm
with appropriate landscaping material to buffer the Morton Plant Cancer Care Center from the
residential area locqted to the west; This agreement shall include a perpetual maintenance
requirement to ensure maintenance.of the berm and landscaping by Morton Plant Hospital.
. .'. ~ . -'. . ~ .
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6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
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Z 93-11 & LUP 93-28
Page 4
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Prior to certification, the Dumpster Requirement Form must be completed and returned to the
City Sanitation Department.
Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually
screened, and gates must be provided with a minimum 12-foot clear opening to the front for
access by Sanitation trucks.
Prior to certification, a copy of the SWFWMD permit application is to be provided to
Engineering Site Plan Review.
Prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be
provided to Engineering Site Plan Review.
Backflow prevention devices must be installed by the City with applicable fees being paid by
the owner.
Prior to certification, the existing drives that are to be removed shall be shown to be replaced
with curb and gutter.
Driveway design shall be revised to accommodate minimum sanitation truck turning radii.
Sidewalks shall be provided on the south side of Pinellas Street between Bay Avenue and the
western edge of the Cancer Care Center, on the west side of Bay Avenue from Pinellas Street
to Watkins Street, and on the north side of Watkins Street from Bay Avenue to Supplee Place.
Morton Plant will offer to install sidewalks on the south side of Watkins Street westerly from
Supplee Place to the western end of the cul-de-sac to serve the existing three homes in
located in the Town of Belleair, if the sidewalk is desired by the three property owners.
The Landscape Plan submitted as part of this site plan shall be considered part of this site plan
upon its approval by the Environmental Management Group.
Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit
and a tree removal permit (or a "no tree" verification form) from Environmental Management.
All perimeter landscaping shall be maintained by the Hospital in manner conforming with City
Code requirements and the right-of-way utilization agreement(s).
Installation of required landscaping materials shall not interfere with existing utilities.
Prior to issuance of a building permit, applicant shall provide to Environmental Management
and Engineering an approved copy of all necessary local, state and federal permits that may be
required.
Prior to certification, stormwater calculations and retention area details shall be submitted to
Environmental Management.
Prior to certification, the interior landscape islands must be adjusted to provide additional
protection of the trees to remain.
Parking lot luminaries shall be restricted to the same type and style including height as those
existing at the Jeffords Street Visitors/Physicians Parking Lot.
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ell Y OF CLEAHW A TER - Department of Planning & Development
City Hall Annex. 10 So. Missouri Ave., P.O. Box 4748
Clearwater, FL 34618-4748
Telephone: (813) 462-6880 (Fax 462-6641)
APPliCATION FOR SITE PlAN REVIEW
Applicant (Owner of Record): Horton Plant Hospital Assoc. J Ine. Phone: ( 813 )
Address: 323 Jeffords Street City: Clearwater State: FL
Representative: Emil C. Narquardt, Esq. Telephone: ( 813)
Address: Post Office Box 1669 City: Cleanvnter State: FL
li6 2 -- 7180
Zip: 34617-0210
441-8966
Zip: 34617
Preparer of Plan: Ed\vard Mazur. .]1".
Address: 24945 U. S. 19 North
Telephone: t 813) 79 1-144 1
Pr.ofessional Engineer
Professional TItle:
City: Clearwa ter
State: FL
Zip: 3/.623
litJe of Proposed Site P1an/Project:
Cancer Care Center
Parcel Number:
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l See attached legal descriptiun
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General location of Property: South of Pine lIas St., \Vest of Bay Avenue, North of Hatldns Road,
and East of Haters Avenue
Zoning:
OL and p/Sp
Land Use P1an Classification: R/O and P / SP
Mixed - Single Family Homes and Off Street Parking
Existing Use of Property:
Proposed Use of Property:
Medical
If variances and/or conditional uses are involved, explain (if more space required att<lch separate sheet):
None
City Ordinance No. 3128-83 and No. 3129-83 requirc a parks and rccreation impact fee to be paid for ~" nonresidential projects
over 1 acre in size and all residential developments. Has this property complied with these ordinances? 0 If yes. cxplain how
and when:
Assessed just value of property (attach verification): $ 754 , 000
$148,000
As of (date):
June 3, 1993
Most recent sales price (attach verification):
Fee for Site P1an Review:
1. Base charge for each site plan .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790 plus
(a) For each acre or fraction thcreof ...................................... $55
2. Revalidation of a certified site plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . .$150
3. Site plan amendment (after certification) ....................................... $150
7 10 of the City's land Development Code.
Signature. :
(Owner of Record) Douglas F. Dahlhauser, Vice Pres.
Health System Construction
.,f the application is signed by an individual other than the property owner (e.g. the representative). please attach a statement
signed by the property owner authorizing this individual to sign the application.
NOTES:
1) THE SITE PlANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE.
2) THE SITE PlANS MUST BE FOLDED TO NO LARGER THAN 9- x 12-.
3) IT IS RECOMMENDED THE SITE PlANS SUBMITTED BE LIMITED TO ONE PAGE.
Rev. 3/92
ORDINANCE NO. 5465-93
AN OHDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY BOUNDED BY
PINELLAS STREET ON THE NORTH, BAY PARKWAY ON THE EAST,
WATKINS ROAD ON THE SOUTH AND WATERS AVENUE ON THE WEST,
EXCEPTING THREE LOTS LOCATED AT THE NORTHEAST CORNER OF
THE BLOCK, CONSISTING OF LOTS 3 THROUGH 11 AND LOTS 15
AND 16, BLOCK B, WESTOVER SUBDIVISION, WHOSE POST OFFICE
ADDRESSES ARE 1260 THROUGH 1266 BAY PARKWAY, 300 THROUGH
322 WATKINS ROAD, AND 317 PINELLAS STREET, FROM
RESIDENTIAL/OFFICE GENERAL (R/OG) TO INSTITUTIONAL (I):
PROVIDING AN EFFECTIVE DATE.
\--JHEREAS, the amendmen t to the fu ture 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
Lots 3 through 11 and Lots 15 and
16, Block B, Westover Subdivision,
according to the map or plat thereof
as recorded in Plat Book 18, Page 25,
of the public records of Pinellas
County, Florida. (LUP 93-28)
Land Use Cateqorv
From: Residential/Office General (R/OG)
To: Institutional (I)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
. Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Commissioners. The Director of Planning and Development is authorized
to transmit to the Pinellas County Planning Council an application to amend the
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Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and correctness:
\.....
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5466-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY BOUNDED BY PINELLAS STREET ON THE
NORTH, BAY .PARKWAY ON THE EAST, WATKINS ROAD ON THE
SOUTH AND WATERS AVENUE ON THE WEST, EXCEPTING THREE
LOTS LOCATED AT THE NORTHEAST CORNER OF THE BLOCK,
CONS I ST I NG OF LOTS 3 THROUGH 11 AND LOTS 15 AND 16,
BLOCK B, WESTOVER SUBDIVISION, WHOSE POST OFFICE
ADDRESSES ARE 1260 THROUGH 1266 BAY PARKWAY, 300 THROUGH
322 WATKINS ROAD, AND 317 PINELLAS STREET, (PARCEL A),
AND LOTS 12 THROUGH 14, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 301 THROUGH 309 PINELLAS
STREET, AND LOT 4, W. N. BARNES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1263 WATERS AVENUE, (PARCEL B), AS
DESCRIBED MORE PARTICULARLY HEREIN, FROM LIMITED OFFICE
(OL) AND PUBLIC/SEMI-PUBLIC (P/SP) TO PUBLIC/SEMI-PUBLIC
PLANNED DEVELOPMENT 01 STR ICT (P /SP PO); PROVI DING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater,. Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
Parcel A
Lots 3 through 11 and Lots 15 and
16, Block B, Westover Subdivision,
according to the map or plat thereof
as recorded in Plat Book 18, Page 25,
of the public records of Pinellas
County, Florida.
Parcel B
Lots 12 through 14, Block B, Westover
Subdivision, according to the map or
plat thereof as recorded in Plat Book
18, Page 25, of the public records of
Pinellas County, Florida, and
. Lot 4, W. N. Barnes Subdivision,
according to the map or plat thereof
as recorded in Plat Book 4, Page 76,
of the public records of Pinellas
County, Florida. (Z93-11)
Zoninq District
From: Limited Office (OL)
To: Public/Semi-Public Planned
Development
From: Public/Semi-Public
To: Public/Semi-Public Planned
Development
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Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City.s Comprehensive Plan.
Section 3. The Planning and Development Director is directed to revise the.
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use category set forth in Ordinance No. 5465-
93 by the Pinellas County Board of County Commissioner.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to
correctness:
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M. A. Galbraith,
City Attorney
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Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED LAND USE PLAN AMENDMENT and REZONING
OW"~ER
APPLICANT
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LAND USE PLAN
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ZONING
PROPERTY DESCRIPTION
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OCT-01-1993 10:15 FROM PLANNING & DEVELOPMENT
TO
CITY CLERI<
P.01
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TOWN'OF BELLEAIR
"'^'l'9"1
I<ENT A. W~IDLE
901 PONes;; O~ l..E.ON eOUI..EVAf::tc
iii EL.LIi:AI A. FLORIDA 346'e.tO~"
PHONE (Ola, SB..s..1134
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ITCI'M.N J. !PA"'A"'''_
INC. 192.5
September 13, 1993
Michael J. Wright
City Manager
112 S. Osceola Avenue
P, O. BOK 4748
Clearwater, FL 33618-4748
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Dear Mr. Wright;
Mayor Kent Weible and. I recently met with Mr. Polatty and
members of his planning staff to discuss the pending land use and
zone changes requested by Morton Plant Hospital.
Our Commissioners are very concerned about the effect Morton
Plant's expansion will have on the Town of Belleair_ The 6ellea~r.
Town Commission will hold a Special Meeting on Thursday, September
16 at 4:00 p.m. to discuss these concerns and to establish a policy
regarding the hospital and the protection of our .residential
neighborhoods.
",
The Town is pleased that Morton Plant is see~ing the "planned
district" designation. Section 40.261, Flanned' Development
District (PO), of your Code describes what Belleair is striving to
achieve for our r~$idential neighbors. As stated in your General
Description; "specifically, this zone classification may be
assigned to land which is to be developed utilizing innovative
de~i9n techniques not made possible through the structure of the
other zoning districts for the purpose of achieving one or more of
the following dev~lopment 9bjectives". Your Code is especially
definitive in citing examples of innovative design which
contemplate the incorporation of 11 sensitivity.', buffering,
strategic lanci.scapin9, and positive contributions to the area being
developed.
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R::CEIVED
OCT 01 1993
CITY CLERK DEPt
Polt-It" brand fax transmIttal mtmo 7671
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OCT-01-1993 10: 16 FROM PLANNII~G & DEVELOPMENT
TO
CITY CLERK
P.02
Michael J. Wright
City Manager
September 13, 1993
Page Two
These e~amples should provide Morton Plant Hospital with
excellent tools to design their project to suit the needs of all
the residentially zoned areas surrounding'them, ooth in Clearwater
and Belleair. We do not. feel Morton Plant has taken complete
advantage of these tools. Li~ewi$e the site plan Morton Plant has
submitted does not fully live up to the intent of your Planned
District. '
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At the .Bel1eair Town Commission Special Work Session of
September 16 we will discuss the Town's concerns with Morton Pl~nt
Hospital's Development pian. A few of the issues sure to be
discussed are: 1) proper buffering and berms to protect our
residential neighborhoodS; (2) adequate buildin9 setbacKS; (3) th$
proposed 'energy center; (4) the existing service alley connecting
Pinellas Street to the Druid parkin; area; and (5) the proposed
vacation of waters Avenue. '
Sincere~y,
The Town Commission has expressed optimism' that Morton ~lant
Hospital, under the guidance of the Planned Development District
in your Code, can achieve a development plan that will suit the
hospital needs as well as the concerns Of the residents Of both our
communities.
Our Mayor invites a representative from your Planning staff
to atten<;i our Wo.rk Session. I will keep you informed of, ouJ:
actions and especially thank you for all the consideration you have
shown to Belleair in the entire process.
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Stephen J. Papalas,
Town Manager
SJP/ de
cc: Eel1eair Mayor and Commissioners
James M. POlatty, Clearwate~ Plannin9 and Development
wayne Sibole, Morton Plant Hospital
TOTAL P .02
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MINUTES OF SPECIAL WORK SESSION OF THE TOWN COMMISSION OF THE TOWN
OF BELLEAIR, FLORIDA HELD AT TOWN HALL ON SEPTEMBER 16, 1993 4:00
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PRESENT: Mayor Kent R. Weible
Commissioners
Connie C. Mudano
Gloria S. Burton
Stephen G. Watts
Town Manager Stephen J. Papalas
Town Attorney Joel R. Tew
Quorum present with Mayor Weible presiding.
MORTON PLANT HOSPITAL - CONSTRUCTION
Mayor Weible gave a brief history of the meetings with Morton
F. Plant Hospital representatives regarding their proposals for the
Siples plot and the cancer center plot; and stated that this
meeting was called to get: up to date on what the Hospital was
proposing; that their requests were scheduled for the City of
Clearwater Agenda on September 14, 1993 and October 7, 1993.
Mr. Marquardt, attorney representing Morton F. Plant Hospital,
made a presentation relating to the hospitals proposed cancer
center, landscaping and traffic pattern. Mr. Marquardt stated that
all of the property within the City of Clearwater but was
cbntiguous to Belleair on the South; that the plot was currently
zoned P Sip and OL; that they wanted the entire parcel zoned P sip
Planned District.
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Mr. Marquardt stated that Watkins Road could be vacated and
used for buffering; that they were working on berms and plantings
to hide the buildings.
Mr. Rich Dutter of King Engineering, stated that his firm was
under contract with Morton Pla~t to prepare buffer plan; that they
were instructed to shield the buildings with buffering; that they
were providing the buffering through: (1) the distance between the
building and the property lin~s; (2) elevation - there would be
earth mounds around the entire buffer area between 2 1/2 feet and
4 feet in height; and (3) actual plants - shade trees, small trees,
flowering trees, shrubs and ground cover.
Mr. Dutter stated that the proposed buffering provi~ed for the
use of the road right of ways on Waters Avenue and Watkins Road.
Mayor Weible inquired as to whether the buffering plan was a
part of the site plan; if the plan would be a part of the site plan
and if the plan could be made available to the Town of Belleair.'
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MINUTES OF SPECIAL WORK SESSION HELD ON SEPTEMBER 16, 1993 PAGE 2
Mr. Dutter stated that it would be attached and made a part
of the site plan package and that it would be made available to the
'rown.
Mr. Watts inquired as to the number of parking spaces and
times that the facilities would be used.
Mr. Dutter stated that there were 137 parking spaces and that
the use would be from 7:30 a.m. to 5:00 p.m. with no week end use;
that this was not an emergency ~reatment facility.
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Mr. Frank Murphy, president of the Hospital, stated that the
facility could handle about 20b patients; that the parking spaces
were based on the size of the building.
Mr. Ed Mazur of King Engineering, stated that the City of
Clearwater Code required 4 1/2 spaces for each 1,000 square feet
of building.
Mrs. Burton inquired as to when they were planning on doing
the plantings for the buffer area; and what type of assurance did
they provide that the plantings would be maintained and not turned
ihto parking at a future date.',
, '
Mr. Mazur stated that the,~andscape would be constructed near
the end of the actual construction; that part of the Planned
Development meant that the plan would become law and that to mak8
any changes would require two public hearings and going through a
modification process; and further that the City of Clearwater Code
Enforcement would make sure that the conditions of approval of the
Planned Development would be met forever.
Mr. Scott Shuford,
Clearwater, stated that
approval conditions.
pla~ning manager for
the City would enforce
the
Code
City of
and plan
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Mrs. Mudano stated that she was sorry that the proposal was
not for the whole campus.'
Mr. Marquardt stated that they were working towards a planned
development for the entire cam~us, that the master 'plan was a five
to twenty year plan; that this was an immediate need that had to
be met.
Mr. Mazur stated that final approval of the City of Clearwater
would provide the conditions th~t if Clearwater puts utility lines
in the right of way that the hospital would be responsible to keep
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MINUTES OF SPECIAL WORK SESSION HELD ON SEPTEMBER 16, 1993 PAGE 3
up the buffer.
Mr. Shuford stated that part of the request was that the
landscaping would be maintained and replaced if it came out for
utilities; and that these provisions would be in writing. Mr.
Shuford stated that the hearing scheduled for October 7, 1993 had
been delayed to October 21, 1993, to give the City an opportunity
to review the proposal for closing Waters Avenue.
Mayor Weible inquired as to why the applicant was not being
required to place the buffering on his land.
Mr. Shuford stated that Clearwater considered this a public
use and would allow this for the buffer.
Mr. Marquardt stated that another issue was the traffic; that
Lots 5 and 6, Druid Place, were proposed to be utilized in part ,for
a drive way to move traffic more to the interior of the campus.
Mr. Ed Mazur stated that people now used Druid Road and
Jeffords and they would like to change the traffic pattern to get
more traffic on the interior of the campus and to get the traffic
dh Pinellas Street. Mr. Mazur stated that they proposed a
landscaped wall running along the drive on the two lots; that they
would utilize about 33 feet of the lots for the drive and that the
balance of the two lots would be dedicated green space, sodded with
retention area - a depressed gras~j area.
Mrs. Mudano stated that she felt that the Town needed to look
at the long haul on the property and not allow the hospital to
encroach into residential areas; that she felt that it was wrong
to purchase the land before they looked into the use; that she felt
that they could erode the residential neighborhood.
Mr. Mazur stated that they could do that.
Mayor Weible inquired as to whether the privacy wall buf'fering
could merge into the buffer area on Waters.
,
Mrs. Burton inquired as to the Hospital's time frame for
phasing out the Roebling and Marrow Buildings.
Fred Fredrick stated that these buildings were targeted for
reuse or to come down on a long range plan, nothing in the near
future.
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MINUTES OF SPECIAL WORK SESSION HELD ON SEPTEMBER 16, 1993 PAGE 4
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Mr. Heald stated that the property values in the area had
decreased for residential homes while the property purchased by the
Hospital had increased in value. Mr. Heald presented records from
the property appraisers office to substantiate his remarks.
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Mr. William Heald inquired as to the urgency of the project,
and referred to an article in the St. petersburq Times relating to
anti-trust zones. Mr. Heald suggested that the project "stew"
until the President of the United States comes out with his new
health package.
Mr. Heald suggested that the road be denied; that the
retention area be denied; and that the Town needed to see a Master
Plan with all property accounted for.
Mrs. Mudano stated that she was aware that the cancer center
should be built and that the site did not bother her; that the
landscape plan and line of. sight were nice but that her problem was
that they were pushing the limits with parking and buffering; that
the buffering was in the right of way. Mrs. Mudano stated that
this proposal was a lot better that what could have been built
under' the OL zoning but that she was disappointed that it was not
allong range plan.
Mayor Weible stated that this matter would be on the Agenda
for the regular meeting of September 21, 193 at 7:30 p.m.
ADJOURNMENT
There being no further business to come before the Commission
the meeting adjourned in due form at 6:30 p.m.
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TOWN CLERK
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OCT-21-1993 14:44 FROM PLANNING & DEVELOPMENT TO
6488 P.02
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CITY CLERK DEPT.
RECEIVED
OCT 2 1 1993
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TOTAL P.02
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CITY OF CLEARWATER
Interdepartment Correspondence
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TO:
Michael Wright, City Manager
FROM:
Kathy Rice, Deputy City Manager
Scott Shuford, Central Permitting Director ~5
ocr 14 1993
VIA:
CITY CLERK D;:-Pt
SUBJECT:
Morton Plant Cancer Center Rezoning
COPIES:
M. A. Galbraith, Jr., City Attorney
Cyndie Goudeau, City Clerk..---
DATE:
October 12, 1993
Commissioner Thomas has requested information concerning the acreage of the proposed Morton
Plant Hospital Cancer Center planned development rezoning request relative to the code
requirements for planned developments. Commissioner Thomas is correct in that the ordinance does
specify that a four acre minimum area is required for these type of planned development districts,
and that the Morton Plant Hospital Cancer Center site does not meet the four acre minimum.
However, the Land Development Code, in all zoning districts where a "minimum" acreage is
provided, does contain a statement that the Commission is free to consider a reduced area if a
smaller acreage is determined to be in the public's best interest. Because the location of Morton
Plant Hospital Cancer Center planned development requires careful attention to the effect of the
center on surrounding properties, the staff felt it was in the public's interest to bring this item
forward for Commission consideration as a planned development. The hospital could have pursued
a "straight" rezoning request to Public/Semi-Public (since including the adjoining hospital properties
would result in a Public/Semi-Public district area greatly exceeding four acres), but staff felt that,
without substantial controls over the site design, such a proposal could not be supported by staff
nor would it be in the public's best interest.
Consequently, at the outset of the Cancer Center discussions with Morton Plant Hospital
representatives, staff recommended (in fact, insisted on) the planned development approach for this
property. This is an approach that we try to utilize wherever there is a rezoning request where
sensitive site design is necessary.
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In my judgement, the proposed rezoning to a planned development district is consistent with the
Land Development Code requirements, but this is a matter for the Commission to ultimately decide.
Please advise if you have questions or comments concerning this matter.
SS/db
ClrMI'ltss
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TO:
C I T Y 0 F C LEA R W ATE R
Interdepartment Correspondence
Mayor and City Commission ,~ ~ ~
Kathy Rice, Deputy City Manager~~
Scott Shuford, Central Permitting Director:7;7
J
VIA:
FROM:
SUBJECT:
Morton Plant Cancer Center - Revised Information
COPIES:
Michael Wright, City Manager
Cyndie Goudeau, City Clerk
Ed Mazur, King Engineering
DATE:
October 15, 1993
This afternoon I received revised site plans for the Morton Plant
Cancer Center project that differ slightly from those presented in
your agenda packet. The plans previously submitted had an
erroneous notation about the amount of right~of-way required for
the landscaped buffer along Watkins Road. Apparently, the drafting
technician repeated the same information about right-of-way
utilization for both Watkins Road and Waters Avenue.
To clarify this, I am providing you with the following information:
~ For Watkins Road, the portion of the City right-of-way
adj acent to the site to be utilized for the additional
landscaped buffer is the northerly fifteen feet.
~For Waters Avenue, the entire right-of-way adjacent to the
site is to be utilized for the landscaped buffer.
I have the revised site plan available for review at my office, or
I can provide you with a copy if you wish.
Please advise if you have questions or comments.
pln\mpmeOl.cc
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OCT-20-1993 14:35 FROM PLANNING & DEVELOPMENT
6488
P.02
TO
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:.MACFARLANE FERGUSON
ATTO~NI::V$ & COUN5E:LOFlS AT LAW
III MMlnoN II rAce" . ~uln ,2'00
1t.0, BOX 1!J31 ~I" 33t!lO"
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Ootober 19, 1993
I..., ~&:"L.V In:..c" TOI
Clearwater
Mr. Scott Shuford
Planning & De~elopment
City of Clearwater
P.. 0.. Box 4748
Clearwate~, FL 34617
Re: Morton P~ant Cancer Center Re.zoning
"
Dear Scott:
As yOl,l know, the site plan for the Morton Plant Outpatien't
CanCQ:C' Center J?roj ect refleots that portions of the right-of -way
fo~ Watkins and Waters Streets will be used for landsoaped'buffer-
ing. The use of said portions of the right-of -ways has been
approved by the DRe and is oonsistent wi th City policy. In the
event the City ever needed to utilize the right-of-way area in
whioh the Hospital planted landscaping, Morton Plant HospitaL will
p~ovide on the Hospital's Cancer Center property the same width of
landscaped buffering as is taken away by the City t S use of the
Waters and Watkins Streets right-of-way.
It is the Hosp:i. tal t $ understanding that the Ci ty has no
plans 'to widen Watkins and Waters Streets, but .i.~ 'the Ci. ty did.
widen the streets and such widening caused the landscaped buffer
area to be reduced in size, Morton Plant Kospital will assure that
the same landscaping buffer would be immediately prov~de~ by the
Hosp~tal on its adjacent property. The purpose of this assurance
is to guarantee that the width of ~he lanascaped buffer depicted in
the a1 'te plan will remain as a buffer for surrounding property
owners.
~he Hospital will eKecute an easement acceptable to the City
of Clearwater inco~porat1ng the te~m6 of this letter, which ease-
ent will run w~th the land. ' .
ECM:mjm
00% Stephen Papalas
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Emil C. Marquardt, Jr.
TOTAL P.02
OCT-20-1993 14:35 FRON PLANNING & DEVELOPNENT
TO
6488 P.01
FAX MESSAGE
CITY OF CLEARWATER
DEPARTMENT OF CENTRAL PERMI1TlNG
P.O. BOX 4748
CLEARWATER, FL 34618-4748
OFFICE PHONE - (813) 462-6567
FAX PHO:NE - (813) 462-6476
1'0:
Michael Wright, City Manager
Kathy Rice, Deputy City Manager
Cyndie Goudeau, City Clerk
s)
FROM:
Scott Shuford, Central Pennitting Director
DATE:
October 20, 1993
MESSAGE:
Attached is a letter I just received concerning the Morton Plant Cancer
Center scheduled for tomorrow's Commission meeting. It notes that, in
the event that the City has need of the Waters or Watkins R-O..W's,
. Morton Plant will modify its site to add landscaping so the same amount
of landscaping will always be available.
You may wish to forward this iofonnation to the City Commission.
'CC: William C. Baker, Director of Public Works
NUMBBR OF PAGES (INCLUDlNG nus PAGE): 2
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" DC r 2 0 1993
CITY CLER K OF:PT:
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SEE AGENDA DRAWINGS
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AGENDA
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Clearwater City Commission
Agenda Cover Memorandum
Item #
I 0 Meeting Date: .
· 101 '1.1 }q3
SUBJECT:
Application for Future Land Use Plan Amendment and Zoning Atlas Amendment for 2339 Gulf-to-Bay;
Owner: Lokey Oldsmobile, Inc.; Representative: Donald O. McFarland; 0.64 acres m.o.1.
(Z 93-03 & LUP 93-1 2)
RECOMMENDA TION/MOTION:
Approve Application for Future Land Use Plan Amendment to Commercial General and Zoning Atlas
Amendment to General Commercial (CG) for a part of Sec. 18-29-16, M&B 31/071, and pass Ordinances
No. 5374-93 and 5375-93 on first reading.
[] and that the appropriate officials be authorized to execute same.
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BACKGROUND:
The subject property is located on the south side of Gulf-to-Bay Boulevard approximately 1,840 ft. east
of Belcher Road. Pertinent information concerning the request is summarized in the tables on pages 2
and 3.
The Planning and Zoning Board held a public hearing on this application on April 13, 1993, after which
they unanimously endorsed the proposed Future Land Use Plan Amendment to Commercial/Tourist
Facilities (the Commercial/Tourist Facilities designation has recently been changed to Commercial General
as part of the Pinellas Planning Council Consistency Program) and Zoning Atlas Amendment to General
Commercial (CG) to the City Commission. The item has been on hold until now pending site
improvements discussed below.
Staff is concerned about vehicle access and accessibility of fire hydrants for the Hillcrest Mobile Home
Park if the existing drive from the mobile home park to Gulf to Bay is closed. There also are concerns
about signage issues that may be created if Lokey's two commercial sites are joined. Currently, signage
allocations have been based on considering Lokey's two parcels as being separate and independent. If
the parcels are considered as a single development, signage requirements would change, limiting the
applicant's freestanding signage allowance.
The City Fire Marshal's Office and Planning favor improved access from Druid Road into the mobile home
park if the access from Gulf-to-Bay Boulevard is closed. Within the mobile home park, all of the roads
are private. The City has no responsibility or interest in these roads. There is an existing access from
Druid Road at the southeast corner of the mobile home park at Second Street (Hillcrest Mobile Home
Park) .
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N/A
=t'S R It:JJ
N/A
Originating Dept:
CENTRAL~ RMITTING
COltl:
* NIA
Total
Commislion Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Uler Dept:
$
Current Fiscal Yr.
Advertiled:
Date:
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Partiel
~ Notified
o Not Requi red
Funding Source:
o Capi tal Imp.
o Operating
o Other
Appropriation Code:
Attachmentl:
ORDINANCES NO. 5374-93 &
5375-93
LOCATION MAP
LETTER
o None
..,.
,.tr nted on recycled paper
Z 93-03 & LUP 93-12
Page 2
It is proposed to require a second access from Druid Road at First Street, at the southwest corner of the
mobile home park. This will provide a straight entrance road along the west side of the park for
emergency vehicles. The Fire Marshal's Office has stated that the two entrances from Druid Road would
provide adequate access for emergency vehicles.
Presently there is a fire hydrant located at the side of the entrance drive to the mobile home park on
Gulf-to-Bay Blvd. If the mobile home park is closed off from Gulf-to-Bay, this hydrant will no longer be
usable in suppressing a fire within the mobile home park. A fire hydrant needs to be installed in
accordance with the Fire Marshal's requirements before this access is closed. The applicant needs to
provide an easement over any water main across his property leading to the hydrant.
The applicant has requested that he be allowed to proceed with the rezoning, and that the issues of the
second access to the trailer park from Druid Road and the installation of an additional fire hydrant be
made a part of site plan review and the requisite conditional use permit. Signage issues can also be
resolved through site plan review. Staff feels that the access, fire hydrant, and sign age issues can be
addressed adequately during site plan review and permitting. The Commission will have an opportunity
to review the site plan since including this property will constitute a major revision to the existing plan.
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EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
CITY OR FUTURE LAND USE ZONING
LOCATION COUNTY PLAN CATEGORY ACTUAL USE
Subject City Medium Density RMH Roadway and Vacant, formerly part
Property Residential of the Hillcrest Mobile Home Park
North City Commercial/Tourist CG Commercial
Facilities
South City Medium Density RMH Hillcrest Mobile Home Park
Residential
East City Commercial/T ourist CG Commercial, Lokey Oldsmobile
Facilities
West City Commercial/T ourist CG Commercial, Lokey Oldsmobile
Facilities
Abbreviations: RMH - Mobile Home Park (City) CG - General Commercial (City)
DESCRIPTION
ZONING RESTRICTIONS
:!!i:l:[::1:111!!,::!::iiil,.'i,!:i:![:!!I!:!II::!li!l!i!I:::!I!!I!:::'~BIII!!~!glll!I:::::!I:::!ii:::I:!i::!':ill!::,:::!!ll!:,:,:::ll:!::I:::!!I!!I':
!1:11!llli:IIIIII&llill.i'II'lllllllllllill,llillllilll,Ii
111111111"&~lllltll
,::!i::::::::::::',!:':!1!:,::i:::::::i::!:::[i'~'IQ~:~QI:,!::I,"":::~:'!:I~:I!:'ljrl!~1!11:,:::I!!::"!,,:li:!:':..!:I::I::,::::ll:i::
!::::::1::::1:!::,'!::li!::"::,::!:',:::::1:::::1!;I:1:::::!::!I::::::,!:I:::!'i,li~':lli:!:I~'::!:I:!:::::::!~!::,::I:!:I::':,:ii1!::!..::111':!i:::l:i:!:':::::::::l::,,:::!:!:!
::::::..:!:'::;::,:1:i:l::::1::::::::I:,:::I:::,:I:':::,1:,:i::ll::::"'!:I!!::::'::l,~li:ll:I~":!!I:::..:,i!l!:,"::il:::':,i":ll:::!i'::lll::,i!:!!ll:!::!,:!:l:!!1:::!!111:I,!
illl11tlfllllllll11\llill
::I:I:::!:1:1:1:::::..!!I!I:::::!'I:::!:':1:!:::I,::::::!,::!:lil::::,:'::!:!;::!":I!:::::::I'~I::l:::l:::!'!:!!i:!'l:!!!l!:::::l!!!::::::!:!!!:::::!il!!:!:':::!!:!1:i:!:!ill1i!:I:!!!fl:li'
:::I'::::::':,:::,I",::l::::!':::':'::::,::I::"':::;:::::':::'::::::i::::!:::':::::!~!la:l!i'ii'!'::!::i::'::I!!I:!:!,lll!I!:!':;:I!:!::::::i!ll:::,::!::::::I!!:!!!l!!!::'!:III!::!
EXISTING DEVELOPMENT
Density
Vacant except for
roadway
40,660 sq. ft.
95 ft.
280 ft.
N/A
Lot Area
Lot Width at setback line
Depth
Open space: Lot
Front yard
Floor area ratio
Building Coverage
N/A
N/A
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Z 93-03
& LUP 93-12
Page 3
OTHER AGENCY REVIEW
AGENCY
YES
NO
Pinellas Planning Council/Countywide Planning Authority
x
Florida Department of Community Affairs
x
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McFARLAND, COULD, LYONS a SULLIVAN, P. A.
ATTORNEYS AT LAW
dewLn:; CJh~ dr:Jampa :Bay dlu,a 9o't D()'e't 90 \1Je.a't~
DONALD O. McFARLAND
NORRIS S. COULD
GARY W. LYONS
CHUCK A. SULLIVAN
DANIEL S. GOULD
GREGORY J. PERENICH
311 S. MISSOURI AVENUE
ClEAR.WATER. FLORIDA 34616
TELEPHONE (813) 461-1111
FAX (813) 461-6430
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August 2~, 1993
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City of Clearwater
10 S. Missouri Avenue
Clearwater, Florida
34616
Attention: Walt McAleer
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Re: Lokey Oldsmobile Rezoning
Dear Mr. McAleer:
This letter is being hand delivered to you this 26th day of
August in re the above subject matter.
The application of Lokey Oldsmobile for the rezoning of the
subject parcel was filed several months ago. It is ~y
understanding that the routine has been somewhat interrupted as a
result of feeling on the part of the City that fire protection
concer'ns for Hillcrest Mobile Home Park needed or need to be
addressed.
It is urgently requested at this time that the matt.er be
rescheduled for appropriate hearings so that the matter can move
forward. The applicant is earnestly and energetically attempting
to accomplish the City's requests reference the .Mobile Horne Park
concurrently with this application. Pending the ultimate rezoning
completion and the approval by the City of a conditional use permit
and the site plan, the existing driveway etc. for the mobile home
park are not scheduled for any change. Therefore, it does not seem
to this writer that the simple q~estion of rezoning be delayed. It
is therefore requested that this matter be rescheduled as quickly
as possible, and the applicant will continue in good faith to
attempt to satisfy the City's requests.
DOM:kbd
RECI:IVED
AUG 2 6 1993
PLANNING &
DEVELOPMENT DEPT:
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ORDINANCE NO. 5374-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF GULF TO BAY BOULEVARD, APPROXIMATELY 1,850
FEET EAST OF BELCHER ROAD, CONSISTING OF PART OF SECTION
18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, RUNNING SOUTH FROM
GULF TO BAY BOULEVARD 280.01 FEET, FROM RESIDENTIAL LOW
MEDIUM (RLM) TO COMMERCIAL GENERAL (CG); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; and
vJHER EAS, th i s 1 and use plan amendment has been determ i ned by the City to
be a subthreshold amendment of the Countywide Future Land Use Plan and subject
to the Official Acceptance process for said class of amendments as set forth in
Division 5.3 of the Rules Concerning the Administration of the Countywide Future
Land Use Plan, As Amended; and '
WHEREAS, sa id subthreshol d amendment of the Countywide Future Land Use Plan
shall be transmitted to the Pinellas Planning Council/Countywide Planning
Authority and considered according to the Official Acceptance process for said
class of amendments; now, therefore,
BE IT ORDAINED BY THE CITY COMt~ISSION OF THE CITY OF
CLEAIHIATER, FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
Land Use CateQory
From: Residential Low Medium (RLM)
To: Commercial General (CG)
See Exhibit A attached hereto.
(LUP93-12)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. This ordinance shal'l take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Commissioners. The Director of Central Permitting is authorized
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to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
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Attest:
City Attorney
Cynthia E. Goudeau, City Clerk
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
ORDINANCE NO. 5375-93
AN ORDINANCE OF TilE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAI~ PROPERTY LOCATED ON THE SOUTH SIDE OF GULF TO
BAY BOULEVARD, APPROXIMATELY 1,850 FEET EAST OF BELCHER
ROAD, CONSISTING OF PART OF SECTION 18, TOWNSHIP 29
SOUTH, RANGE 16 EAST, RUNNING SOUTH FROM GULF TO BAY
BOULEVARD 280.01 FEET, AS DESCRIBED MORE PARTICULARLY
HEREIN, FROM MOBILE HOME PARK (RMH) TO GENERAL
COMMERCIAL (CG); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and in compliance
with Florida law; now, therefore,
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
See Exhibit A attached hereto.
(Z93-03)
Zoninq District
From: RMH - Mobile Home Park
To: CG - General Commercial
. Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use category set forth in Ordinance No. 5374-
93 by the Pinellas County Board of County Commissioner.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Clty Attorney
CynthTa E. GnUdeau, City Clerk
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Commence at the Northwest corner of the Southwest 1/4 of Section 18,
Township 29 South, Range 16 East, Pinellas County, Florida, and go
S 89042'29" E, 1,778.61 feet, along the North boundary line of said
Southwest 1/4, the centerline of Gulf to Bay Boulevard (State Road
60); thence S 00049'56" W, 50.00 feet, to a point on the South
right-of-way line of Gulf to Bay Boulevard for a POINT OF BEGINNING;
thence S 89042112911 E, 100.00 feet, along said South right-of-way
line; thence S 00049'5611 W, 280.01 feet; thence N 89042'29" W,
100.00 feet; thence N 00049"56" E, 280.01 feet to the POINT OF
BEGINNING.
EXHIBIT A
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PROPERTY DESCRIPTION
LAND USE PLAN
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Date:
SUBJECT:
Application for Future Land Use Plan Amendment and Zoning Atlas Amendment for 601, 605, & 607
Orange Street and 604 & 606 Bay Avenue; Owner: Church of the Ascension; Representative: Rev.
Richard H. Cobbs IV; 0.50 acres m.o.1.
(Z 93-10 & LUP 93~26)
RECOMMENDATION/MOTION:
Approve the Application for Land Use Plan Amendment to Institutional and Zoning Atlas Amendment
to Public/Semi-Public for Lot 4 and South 88 feet of Lots 1 & 2, Block 12, Turner's Third Addition,
and pass Ordinances No. 5461-93 and 5462-93 on first reading.
[J and that the appropriate officials be authorized to execute same.
BACKGROUND:
The application covers two parcels adjacent to the land presently owned by the applicant, Church of
the Ascension. One of the parcels is located at the southeast corner of Turner Street and Orange
Avenue, and the other is on the west side of Bay Avenue 170 feet south of Turner Street. The
Church of the Ascension wishes to utilize these properties in its operations, and is requesting the
appropriate zoning to do so.
The Planning and Zoning Board held a public hearing on this application on September 14, 1993,
after which they unanimously endorsed the proposed amendment to the Future Land Use Plan to
Institutional and Zoning Atlas Amendment to Public/Semi~Public to the City Commission.
Pertinent information concerning the request is summarized in the tables on pages 2 and 3.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N/A
N/A
Originating Dept: ~ ^^
PLANNING & DEV~MJNJ ~
Costs: $ N/A
Total
User Dept:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Cont i nued to:
Appropriation Code:
o None
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Advertised:
Date: 8/31/93 & 9/9193
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
~ Notifi ed
o Not Requ ired
Flrding Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCES NO. 5461-93 &
5462-93
LOCATION MAP
~ Printed on recycled paper
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Z 93-10 & LUP 9326
Page 2
PARCEL A - ORANGE AVENUE
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE ZONING
OR PLAN CATEGORY ACTUAL USE
COUNTY
Subject City Residential Medium RM-1 2 Single family residential
Property
North City Residential/Office OL Offices
South City Institutional P/SP Church of the Ascension
East City Institutional P/SP Parking, First Church of Christian
Science
West City Residential Medium RM-12 Single family residential
PARCEL 8 - BAY AVENUE
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject City Residential Office OL Single family residential
Property
North City Institutional P/SP Parking, First Church of Christian
Science
South City Institutional P/SP Church of the Ascension
East City Residential/Office OL Single family residential
West City Institutional P/SP Parking, First Church of Christian
Science
DESCRIPTION
Density
Lot Area
Lot Width at
setback line
Depth
Floor Area Ratio
ZONING RESTRICTIONS
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'.'REQUIREMENTS
OL
REQUIREMENTS
16.0 u.p.a. max.
6,000 sq. ft. min.
60 ft. min.
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One.Acre'min.
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lbOft.~n1in.
100 ft. min.
" 1.0 max.
85 ft. min.
0.3 max.
OTHER AGENCY REVIEW
AGENCY
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIA TIONS
OL
RM-12
P/SP
u.p.a.
Limited Office
Multiple Family "Twelve"
Public/Semi-Public
Residential units per acre
YES
X
X
.,
Z 93-10 & LUP 93-26
Page 3
RM-1 2
REQUIREMENT
12 u.p.a. max.
5,000 sq. ft. max.
50 ft. min.
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80 ft.
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ORDINAHCE HO. 5461-9~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTIES LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF TURNER STREET
AND ORANGE AVENUE, CONSISTING OF LOT 4, MAP OF TURNERS
SUBDIVISION NO.3, WHOSE POST OFFICE ADDRESSES ARE 601,
605 AND 607 ORANGE STREET, AND CERTAI" REAL PROPERTIES
ON THE WEST SIDE OF BAY AVENUE, CONSISTING OF PART OF
LOTS 1 AND 2, TURNER'S THIRD ADDITION, WHOSE POST OFFICE
ADDRESSES ARE 604 AND 606 BAY AVENUE, FROM MEDIUM
DENSITY RESIDENTIAL AND RESIDENTIAL/OFFICE TO
INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of
the City of Clearwater is amended by changing the land use category for the.
hereinafter described property as follows:
Property
Parcel A
Land Use Cateqory
Lot 4, Block 12, Map of Turners From: Medium Density Residential
Subdivision No.3, according to the
map or plat thereof as recorded in Plat To: Institutiona.l
Book 1, Page 53, of the public records
of Hillsborough County, Florida, of which
Pinellas County was formerly a part, and
Parcel B
The South 88 feet of Lots 1 and 2,
Block 12, Map of Turners Subdivision
No.3, according to the map or plat
thereof as recorded in Plat Book 1,
Page 53, of the public records of
Hillsborough County, Florida, of which
Pinellas County was formerly a part.
(LUP93-26)
From: Residential/Office
To: Institutional
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
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Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Commissioners. The Director of Planning and Development is authorized
to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5462-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING TilE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF TURNER STREET AND ORANGE AVENUE,
CONSISTING OF LOT 4, MAP OF TURNERS SUBDIVISION NO.3,
WHOSE POST OFFICE ADDRESSES ARE 601, 605 AND 607 ORANGE
STREET, AND CERTAIN REAL PROPERTIES ON THE WEST SIDE OF
BAY AVENUE, CONSISTING OF PART OF LOTS 1 AND 2, TURNER'S
THIRD ADDITION, WI-lOSE POST OFFICE ADDRESSES ARE 604 AND
606 BAY AVENUE, AS DESCRIBED MORE PARTICULARLY HEREIN,
FROM MULTIPLE-FAMILY RESIDENTIAL 12 DISTRICT (RM 12) AND
LIMITED OFFICE TO PUBLIC/SEMI-PUBLIC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Propert'j
Parcel A
Zoninq District
Lot 4, Block 12, Map of Turners
Subdivision No.3, according to the
Illap or plat thereof as recorded in
Plat Book 1, Page 53, of the public
records of Hillsborough County,
Florida, of which Pinellas County
was formerly a part, and
Parcel B
From: Multiple-Family Residential
12 District - RM 12
To: Public/Semi-Public
The South 88 feet of Lots 1 and 2, From: Limited Office
Map of Turners Subdivision No.3,
accord-ing to the llIap or plat thereof To: Public/Semi-Public
as recorded in Plat Book 1, Page 53,
of the public records of Hillsborough
County, Florida, of which Pinellas County
was formerly a part. (Z 93-10)
Sect ion 2. The City COlllmission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of ti,e City in accordance with the foregoing amendment.
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Section 4. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use category set forth in Ordinance No. 5461-
93 by the Pinellas County Board of County Commissioner.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
AAL
M. A. Galbraith,
City Attorney
Cynthia E. Goudeau
City Clerk
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PROPOSED LAND USE PLAN AMENDMENT and REZONING
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OWNER
APPLJCANT
E PIS COP ALe 1-\ u R.c.. H 0 F
TH E A <5 c E:. tJ S ION
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PROPERTY DESCRIPTION
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ACRES
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CITY COMMISSION
RANOF. \ S- E ATLAS PAGE 2-<15 B
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SECTION \6
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MOTION TO AMEND ORDINANCE 5351-93
1. In the title, in the next to the last line, change "INDUSTRIAL (ILJ"
to read "LIMITED INDUSTRIAL (IL) ".
2. In Section 1, after liTo: II change "Industrial (IL)" to "Limited
Industrial (IL)"..
NOTE: The correct name for the zoning district is "Limited Industrial.1I
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ORDINANCE NO. 5351-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF CALUMET
STREET,' APPROX IMA TEL Y 800 FEET WEST OF BELCHER ROAD,
CONSISTING OF PART OF LOT 10, CLEARWATER INDUSTRIAL
PARK, WHOSE POST OFFICE ADDRESS IS 2144 CALUMET STREET,
AS DESCRIBED MORE PARTICULARLY HEREIN, FROM PUBLIC/SEMI-
PUBLIC (P/SP) TO INDUSTRIAL (IL); PROVIDING AN EFFECTIVE
DATE. .
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLOIUDA:
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
Zoninq District
Lot 10, less the West 430 feet, From: Public/Semi-Public (P/SP)
Clearwater Industrial Park, according
to the map or plat thereof as recorded To: Industrial (IL)
in Plat Book 44, Page 46, of the public
records of Pinellas County, Florida.
(Z 93-02)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of tIle City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 18, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form an~! correctness:
,/'
Attest:
Cynt~ia E. Goudeau
City Clerk
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PER CPA ACTION 05/08/90
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PROPOSED LAND USE PLAN AMENDMENT and REZONING
OWNER
APPLICANT
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CLEARWATER-
PROPERTY DES CRIPTION
'-LAND USE PLAN
ZONING
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PLANNING zsnd ZONING BOARD
CITY COMMISSION
SECTION '0\ TOWNSHIP '2.9 S RANOE IS- E
B ': B \J S \')J E S "5 V = \J A c. ANT
ATL~S PAGE '2.6 '2 B
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MOTION TO AMEND ORDINANCE NO. 5384-93
I
1. In the title, beginning in the next to the 'last line, change "LOW
DENSITY RESIDENTIALII to IIRESIDENTIAL LOW."
2. In Section 1, after "To:1I change IILow Density Residential" to
"Residential Low.1I
3. In Section 3, delete", and subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners. The Director
of Planning and Development is authorized to transmit to the Pinellas County
Planning Council an application to amend the Countywide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City's Comprehensive
Plan as amended by this ordinance".
NOTE: On September 16, 1993, Ordinance 5296-92 (ppe consistency) and Ordinance
. 5312-92 (comprehensive plan amendments) were adopted changing the name of the
land use category from "Low Density Residentialll to IlResidential Lowll and this
land use plan amendment will not need county approval.
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ORDINANCE NO. 5384-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BEVERLY CIRCLE NORTH, APPROXIMATELY 300
FEET EAST OF KEENE ROAD AND 730 FEET NORTH OF LAKEVIEW
ROAD, CONS! STI NG OF LOT 15, BLOCK C, MEADOW CREEK
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1812 BEVERLY
CIRCLE NORTH, FROM UNCLASSIFIED TO LOW DENSITY
RESIDENTIAL; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
Land Use CateQorv
From: Unclassified
Lot 15, Block C, Meadow Creek
Subdivision, according to the map or
plat thereof as recorded in Plat Book 36,
Page 26, of the public records of
Pinellas County, Florida. (LUP 93-06)
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5383-93, and subject
to the approval of the land use designation by the Pinellas County Board of
County Commissioners. The Director of Planning and Development is authorized to
transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 20, 1993
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Rita Garvey, Mayor-Commissioner
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Approved as to form and correctness:
Attest:
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City Attorney
Cynthia E. Goudeau, City Clerk
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. LAND USE PLAN
PROPOSED ANNEXATION
. .
LAND USE PLAN AMENDMENT and ZONING
^ Q'3-o5
LUP'Q'3-o6
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OWNER
APPLICANT
N \ ~ \ 'T A. S ) c rv\ q T
FROM
VNc.Ll\SS \F\eD
COUt~TY
R--3
PROPERTY DESCRIPTION
LDI '5) SLaCK c.,
ME~DOW CREEK SuB
0.1.'3 ACRES
ZONING
RIGIIT OF WAY
TO
\-ouJ O~f')c;\.\'i'
RE.St OE.NT1AL
R 5 l{
ACRES
TOWNSHIP
2 Cl s
[
nA~~OE \ 5
CITY COMMISSIOH
PLAHHIHG Bnd ZONlt~O BOARD
SECTION
'2-4
E ATLAS PAGE
'308 A
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MOTION TO AMEND ORDINANCE NO. 5385-93
In Section 4, delete II, and subject to approval of the land use category
set forth in Ord inance No. 5384-93, by the Pine llas County Board of County
Commissioners",
NOTE: On Septenlber 16, 1993, Ordinance 5296-92 (PPC consistency) and Ordinance
5312-92 (comprehensive plan amendments) were adopted; therefore, the land use
plan amendment will not need county approval.
. 'i' ,"
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ORDINANCE NO. 5385-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF TltE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE NORTH S I DE OF BEVERLY
CIRCLE NORTH, APPROXIMATELY 300 FEET EAST OF KEENE ROAD
AND 730, FEET NORTH OF LAKEVIEH ROAD, CONSISTING OF LOT
15, BLOCK C, MEADOW CREEK SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1812 BEVERLY CIRCLE NORTH, AS DESCRIBED MORE
PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY OF
CLEAHHA TER, AS SINGLE -F At~I LYRES I DENTI AL (RS-4 ) ;
PROVIDING AN EFFECTIVE DATE.
, I
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,
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WHEREAS, the assignment of a zoning district classification as set forth
in th i S ord i nance is found to be reasonab le, proper and appropri ate, and in
compliance with Florida law; now, therefore,
Property
Lot is. Block C, Meadow Creek Subdivision,
according to the map or plat thereof as
recorded in Plat Book 36, Page 26, of the
public records of Pinellas County, Florida.
(A93-05)
Zoninq District
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Tile following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and ~he zoning atlas of the City is amended, as follows:
RS-4 - Single
Family Residential 4
Sect ion 2. The City Cornmi s s i on does hereby cert if y that th is ord i nance is
consistent with the City1s comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5383-93, and subject
to approval of the land LIse category set forth in Ordinance No. 5384-93, by the "
Pinel1as County Board of County Commissioners
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 20, 1993
Approved as to form and correctness:
Attest:
Rita Garvey
Mayor-Commissioner
City Attorney
Cynthia E. Goudeau, City Clerk
" '\:1"
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
OWNER
APPLICANT
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ATLAS PAGE "308 A
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- MOTION TO AMEND ORDINANCE NO. 5415-93
I
1. In-the title, in the next to the last line, change "LO~J DENSITY
RESIDENTIAL" to "RESIDENTIAL LOW. II
2. In Section 1, after liTo: II change "Low Density Residential" to
"Residential Low."
3. I n Sect i on 3, de 1 ete ", and subject to the approva 1 of the 1 and use
designation by the Pinellas County Board of County Commissioners. The Director
of Planning and Development is authorized to transmit to the Pinellas County
Planning Council an application to amend the Countywide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City.s Comprehensive
Plan as amended by this ordinance".
NOTE: On September 16, 1993, Ordinance 5296-92 (pPC consistency) and Ordinance
5~12-92 (comprehensive plan amendments) were adopted changing the name of the
.'Hind use category from "Low Density Residential" to "Residential Low" and this-
land use 'plan amendment will not need county approval.
, '. , ~ :. ,
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ORDINANCE NO. 5415-93
AN ORDINANCE OF TIlE CITY OF CLEARHATER, FLORIDA,
A~tENDING TilE FUTURE LAND USE PLAN ELEt-1ENT OF THE
CO~tPREHENS IVE PLAN OF TIlE CITY, TO CHANGE TIlE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTII~IE ST COHNER OF TII E I NTERSECT I ON OF BE LL- CHEER DR IVE
AND BELCHER ROAD, CONS ISTING OF THE EAST 100 FEET OF
LOTS 20 AND 21, BELL CHEER SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 2197 BELL-CHEER DRIVE, FROM
UNCLASSIFIED TO LOW DENSITY RESIDENTIAL; PROVIDING AN
EFFECTIVE DATE.
HIIEREAS, the amendmen t to the fu ture 1 and use plan element of. the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable/ proper and app}~opriate, and in compliance with Florida law; now,
the ref Ol~e ,
BE IT ORDAINED BY TIlE CITY COHt~ISSION OF THE CITY OF
CLEARYJATER, FLORIDA:
Section 1. The fl1tl~re land use plcln element of the comprehensive plan of
the City of Clearwater is illllended by changing the land use category for' the
hereinafter described property as follows:
Proper'!y'
Land Use Cateqorv
From: Unclassified
Eost 100 feet of Lots 20 and 21,
Bell-Cheer Subdivision, as recorded
in Plat Book 30, Page 60, of the
public records of Pinellas County,
Florida. (LlJP 93-15)
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoptio~,
contingent upon and subject to the adoption of Ordinance No. 5414-93, and subject.
to the approval of the land use designation by the Pinellas County Board of
County COlllmissioners. The Director of Planning and Development is authorized to
transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSE D ON SECOND AND" FINAL
READING AND ADOPTED
August 5, 1993
Rita GarveYI Mayor-Commissioner
;.
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~
Approved as to form and correctness:
.~L~ "
~\. A. Gal b r d i tI City At tor n e y
Attest:
Cynthia E. Goudeau, City Clerk
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
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MOTION TO AMEND ORDINANCE NO. 5416-93
1. In the title, in the last line, insert "SINGLE FAMILY" before
"RESIDENTIAL,II
2. I n Sect i on 4, de 1 ete II, and subject to approva 1 of the 1 and use
category set forth in Ordinance No. 5415-93, by the Pinellas County Board of
County COnlmissionersll.
NOTE:
1. Inadvertently omitted from ordinance title.
2. On September 16, 1993, Ordinance 5296-92 (PPC consistency) and
Ordinance 5312-92 (comprehensive plan amendments) were adopted; therefore, the
land use plan amendment will not need county approval.
.. '
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ORDINANCE ~o. 5416-93
AN ORDINANCE OF TilE CITY OF CLEARWATER, FLORIDA,
^"1ENDING THE ZONING ATLAS OF TIlE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED AT THE SOUTIIHEST CORNER OF THE
INTERSECTION OF BELL-CHEER DRIVE AND BELCHER ROAD,
CONSISTING OF THE EAST 100 FEET OF LOTS 20 AND 21, BELL-
CIIEER SUBDIVISION, \-1II0SE POST OFFICE ADDRESS IS 2197
BELL -CIII;EI1 DR I VE, AS DESCR I BED MORE PART ICULARL Y HERE IN,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL (RS-6); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, thcreforel
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BE IT ORDAINED BY THE CITY CONt~ISSION OF THE CITY OF
CLEARW^TER, FLORIDA:
, .1
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clecll'Wi1ter, and the zoning atlas of the City is amended, as follows:
,
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P rORer..iY.
East 100 feet of Lots 20 and 21,
Bell-Cheer Subdivision, as recorded
in Plat Book 30, Page 60, of the
public records of Pinellas County,
Florida. (A93-10)
Zoninq District
RS-6 - Single FarnilyResidential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City1s comprehensive plan.
Section~. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5'114-93, and subject
to approval of the land use category set forth in Ordinance No. 5'115-93, by the
Pinellas County Board of County Commissioners.
PAS SED 0 NFl I~ S T R E ^ 0 I N G
!ug_~s t __51._ 1993
P^SSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Co~nissioner
I ,
Approved as to form and correctness:
.'
Attest:
~
~A. Galbraitl
City At torney
Cynthia E. Goude-au
City Clerk
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5 flANGE \ 5' E ATLAS PAGE
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MOTION TO AMEND ORDINANCE NO. 5418-93
. 1. In
RESIDENTIALIl to
the title,
IlRESIDENTIAL
in the next
URBAN ".
to
the
last
line,
change
"LOW
DENSITY
2.
"Residential
In Section
Urban. II
1 ,
after
liTo: "
change
II Low
Density
Residential"
to
NOTE: On September 16,
5312-92 (comprehensive
land use category from
1993,
plan
"Low
Ordinance 5296-92 (ppe consistency) and
amendments) were adopted changing the name
Density Residential" to IIResidential Urban.1I
Ordinance
of the
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ORDINANCE NO. 5418-93
AN OnD I NANCE OF TIlE CITY OF CLEARHA TER , FLOR 1 DA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
CO~IPREHENS 1 VE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED BETWEEN
WOLFE RQAD AND THOMAS ROAD, CONS I ST I NG OF LOT II Nil,
BAYVIEW BLUFF, WHOSE POST OFFICE ADDRESS IS 3116 WOLFE
ROAD, FROM UNCLASSIFIED TO LOW DENSITY RESIDENTIAL;
PROVIDING AN EFFECTIVE DATE.
\o/HEREAS, the amendment to the future land use plan element of the
comprehensive plan'of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Propert.y
Land Use Cateqorv
From: Unclassified
Lot IIN", Bayview Bluff, as recorded
in Plat 800k 33, Page 53, of the public
records of Pinellas County, Florida,
(LUP93-16)
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5417-93,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey
Mayo~-Commissioner
Approved as to form and correctness:
Attest:
~
.
tynthia E. Goudeau
City Clerk
~1. A . Gal bra i t h ,
City Attorney
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
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ORDINANCE NO. 5419-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED BETWEEN WOLFE ROAD AND THOMAS
ROAD, CONSISTING OF LOT "N", BAYVIEW BLUFF, WHOSE POST
OFFICE ADDRESS IS 3116 WOLFE ROAD, AS DESCRIBED MORE
PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS SINGLE FAMILY RESIDENTIAL (RS-B);
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Zoninq District
Lot 'IN", Bayview Bluff, as recorded
in Plat Book 33, Page 531 of the public
records of Pinellas CountYI Florida.
(A93-11)
RS-B - Single Family
Residential
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5417-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED ANNEXATION
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LAND USE PLAN AMENDMENT and ZONING
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LAND USE PLAN
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SE.CTION
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TO ','01 S III P '2 q s
.L CITY COMMISSION
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AGENDA
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MOTION TO AMEND ORDINANCE NO. 5421-93
1~ In
RESIDENTIAL" to
the title, in
"RESIDENTIAL
the next
URBAN."
to
the
last
line,
change
"LOW
DENSITY
2.
"Residential
In Section
Urban."
1 ,
after
"To: II
change
II Low
Density
Residentialll
to
NOTE: On September 16,
5312-92 (comprehensive
land use category from
1993,
plan
II Low
Ordinance 5296-92 (ppe consistency) and Ordinance
amendments) were adopted changing the name of the
Density Residential" to IIResidential Urban."
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ORDINANCE NO. 5421-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF DREW STREET AND
BAYSHORE BOULEVARD, CONSISTING OF PART OF SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, HHOSE POST OFFICE
ADDRESS IS 3201 DREW STREET, FROM UNCLASSIFIED TO LOW
DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
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\VHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
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Section 1. The future land use plan element of the comprehensive plan of
. the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Property
See Exhibit A attached.
(LUP93-17)
Land Use Cateqorv
From: Unclassified
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. Tl1is ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ord)nance No. 5420-93.
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
~.
t.1. .iJ... Gal bra i t h ,
City Attorney
Cynthia E. Goudeau
City Clerk
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Tllat portion of the Northwest 1/4 of Section 16, Township 29 South, Range
16 East, lying South of Drew Street, east of Unit 1 of Crystal Heights
Subdivision, and North\-/esterly of Bayshore Boulevard - together with the riparian
rights thereto, .
Being more particularly described as follows:
From the Northeast corner of the Northwest 1/4 of Section 16, Township 29
South, Range 16 East as a point of reference. Thence S 00371031' West along the
North-South centerline of said Section 16 a distance of 33.0 feet to the
Northeast corner of Lot 9, Unit 1 of Crystal Heights Subdivision as a point of
beginning; thence continue South 0037'0311 Hest along said centerline (being also
the Easterly bounqary of said Unit 1 of Crystal Heights Subdivision, as recorded
in Plat Book 28, Page 64, of the public records of Pinellas County, Florida), a
distance of 222.47 feet to a point on the Northerly right-of-way of Bayshore
Boulevard, (a 100 feet right-of-way); thence along a curve to the right, having
a radius of 368.31 feet, a chord bearing of North 41035148" East, and a chord
distance of 146.17 feet to a point of tangency; thence North 53002'3111 East along
said tangent right-of-way, a distance of 184.66 feet to an intersection with the
Southerly right-of-way of Drew Str'eet, (currently a 33 feet right-of-way); thence
North 890291 50 II Hes t a long sa i d Souther 1 y right-of-way (33 feet fro[T1 and para 11 e 1
to the North line of said Section 16), a distance of 242.21 feet to the point of
beginning.
Containing 23.549 square feet, (0.54 acres) M.O.L.
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PROPOSED ^NNEXA-rION
LAND USE PLAN AMENDMENT and ZONING
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pnOPEnTY DE$CnIPTIOU
LAND USE PLAN
ZONING
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ni\HGE \6 E ATLAS PAGE
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ORDINANCE NO. 5422-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE
I NTERSECT ION OF DREW STREET AND BA YSHORE BOULEVARD,
CONSIST'ING OF PART OF SECTION 16, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3201 DREW
STREET, AS DESCRIBED MORE PARTICULARLY HEREIN, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE FAMILY
RESIDENTIAL (RS-8); PROVIDING AN EFFECTIVE DATE.
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YlHEREAS1 the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
comp 1 i ance wi th F lor i da 1 aw; now, therefore,
BE IT OHDAINEO BY THE CITY COt~MISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
F10l~idal 'is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
See Exhibit A attached.
(A93-12)
Zoning District
RS-8 - Single Family Residential
S e c t ion 2. The C i t Y Co 111m i 5 S ion doe she r e by c e r t i f y t hat t his 0 r din a nee i 5
consistent with the City.s comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance' No. 5420-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
,\
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Rita Garvey
Mayor-Commissioner
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Approved as to form and correctness:
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City Attor'ley
, Attest:
, Cynthia E. Goudeau
City Clerk
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Thilt portion of the Northwest 1/4 of Section 16, Township 29 Southl Range
16 East, lying South of Drew Street, east of Unit 1 of Crystal Heights
Subdivision, and Northwesterly of Bayshore Boulevard - together with the riparian
rights thereto.
Being more particularly described as follows:
From the Northeast corner of the Northwest 1/4 of Section 16, Township 29
South, Range 16 East as a point of reference. Thence S 0037103" West along the
North-South centerline of said Section 16 a distance of 33.0 feet to the
Northeast corner of Lot 91 Unit 1 of Crystal Heights Subdivision as a point of
beginning; thence continue South 0037103" West along said centerline (being also
the Easterly boundary of said Unit 1 of Crystal Heights Subdivision, as recorded
in Plat Book 28, Page 64, of the public records of Pinellas County, Florida), a
distance of 222.47 feet to a point on the Northerly right-of-way of Bayshore
Boulevard, (a 100 feet right-of-way); thence along a curve to the right, having
a radius of 368.31 feet, a chord bearing of North 41035148" East, and a chord
distance of 146.17 feet to a point of tangency; thence North 5300213111 East along
said tangent right-of-waYI a distance of 184.66 feet to an intersection with the
Souther 1y r i gh t-of -way of Drew Street, (current 1 y a 33 feet ri ght-of-way); thence
North 89029150" Hest along said Southerly right-of-way (33 feet from and parallel
to the North line of said Section 16), a distance of 242.21 feet to the point of
beginning.
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Containing 23.549 square feet, (0.54 acres) M.O.L.
EXHIBIT A
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PROPOSED ANNEXATION
LA~~D USE PLAt~ AMENDMENT and ZONING
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pnOPEnTY OESCnlPTlOH
LAND USE PLAN
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nAHOE \6 E 1o.TLAS PAGE 1. 92 'B
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MOTION TO AMEND ORDINANCE 5424-93
1. In the title, in the last 1 ine, change "RESIDENTIAL/OFFICE" to
"RESIDENTIAL/OFFICE GENERAL. II
2. At the end of the 1st IIwhereasll clause, delete "now, therefore, and
add the following two "whereas" clauses: '
WHEREAS, this land use plan amendment has been determined by
the City to be a subthreshold amendment of the Countywide Future
Land Use Plan and subject to the Official Acceptance process for
said class of amendments as set forth in Division 5.3 of the Rules
Concern i ng the Admi n i strat ion of the Countywide Future Land Use
Plan, As Amended; and
WHEREAS, said subthreshold amendment of the Countywide Future
Land Use Plan shall be transmitted to the Pinellas Planning
Council/Countywide Planning Authority and considered according to
the Official Acceptance process for said class of amendments; now,
therefore,
3. In Section I, after liTo:" change "Residential/Office" to
IIResidential/Office General."
4. I n Sect i on 3, at the end of the sentence, add ", and subject to the
approval of the land use designation by the Pinellas County Board of County
Commissioners. The Director of Central Permitting is authorized to transmit to
the Pinellas County Planning Council an application to amend the Countywide Plan
in order to achieve consistency with the Future Land Use Plan Element of the
City's Comprehensive Plan as amended by this ordinance".
NOTE: At 1st reading, the land use category was changed from"Commercial/Tourist
Facilities" to "Residential/Office," a category other than that shown on the
Countywide Future Land Use Plan; therefore it will require county ,approval. The
ppe requires the two new "whereas" clauses for transmittal of a subthreshold
amendment to the countywide future land use plan.
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In addition, with the adoption on September 16, 1993, of Ordinance 5296-92 (PPC
consistency) and Ordinance 5312-92 (comprehensive plan amendments) the name of
the land use .classification for this parcel has been changed from,
"Residential/Office" to "Residential/Office General."
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ORDINANCE NO. 5424-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DREW STREET, CONSISTING OF LOTS 27 AND 28,
BLOCK D, FIRST ADDITION TO TEMPLE TERRACE, WHOSE POST
OFFICE ADDRESS IS 2220 DREW STREET, FROM UNCLASSIFIED TO
RESIDENTIAL/OFFICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
"1
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Property
Lots 27 and 28, Block 0, First Addition
to Temple Terrace, according to the map
or plat thereof as recorded in Plat Book
41, Page 9, public record of Pinellas
County, Florida. (LUP93-18)
Land Use CateQorv
From: Unclassified
To: Residential/Office
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. Thi~ ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5423-93.
1
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED ANNEXATION
LANI) USE PLAN AMENDMENT and ZONING
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CITY COMMISSION
SE.CTIOH
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MOTION TO AMEND ORDINANCE 5425-93
In Section 4, at
of the land use category
County Board of County
sentence, add II
Ord i nance No.
and subject to
5424-93 by the
approval
Pinellas
the end of the
set forth in
Commissioners. II
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ORDINANCE NO. 5425-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET,
CONSISTING OF LOTS 27 AND 28, BLOCK D, FIRST ADDITION TO
TEMPLE TERRACE, WHOSE POST OFFICE ADDRESS IS 2220 DREW
STREET, AS DESCRIBED MORE PARTICULARLY HEREIN, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMITED
OFFICE (OL); PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
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WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance' is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation, into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Lots 27 and 28, Block 0, First Addition
to Temple Terrace, according to the map
or plat thereof as recorded ;n Plat
Book 41, Page 9, public records of
Pinellas County, Florida. (A93-13)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City.s comprehensive plan.
Zonina District
OL - Limited Office
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5423-93.
.1
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
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City Attorney
Cynthia E. Goudeau
City Clerk
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
j\:S PR.OPERT\€S
I,IV C_
A q?'-13
lup'Cl3-\B
---:...--1----
pnOPEnTY DEscnlPTIOU
Lo-r5 1-7 <(. '2.8. 6L\-< 0
TefV\9LS T6RRAC.G, \~r P\OD
LAND USE PLAN
ZONING
UNCLASS \F\E 'D
COUtlfV C-L
0.40 ACI1ES
nlGIlT OF WAY
Y<'ES 11~~^I-rlL\J /,')rr I( (
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CITY COMMISSIOU
SE.Cl\ON
07
TOWUSHIP 2q s
nANGE ~G e
ATLAS P^GE '2-8 t f-\
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MOTION TO AMEND ORDINANCE NO. 5427-93
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1. In the title, beginning in the next to the last line, change "LOW
DENSITY RESIDENTIAL" to "RESIDENTIAL LOW."
2. In Section I, after liTo: II change "Low Density Residential" to
"Residential Low.1I
3. In Section 3, delete ", and subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners. The Director
of Planning and Development is authorized to transmit to the Pinellas County
P 1 ann i ng Counc il an app 1 i cat i on to amend the Countywi de Plan in order to ach i eve
consistency with the Future Land Use Plan Element of the City's Comprehensive
Plan as amended by this ordinance.1I
NOTE: On September 16, 1993, Ordinance 5296-92 (ppe consistency) and Ordinance
5312-92 (compre~ensive plan amendments) were adopted changing the name of the
land use category from "Low Density Residential" to "Residential Urban."
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ORDltlANCE NO. 5427-93
AN ORDINANCE OF THE CITY OF CLEARVlATER, FLORIDA,
At~END I NG THE FUTURE LAND USE PLAN ELEMENT OF THE
COt~PREHENS I VE PLArl OF TilE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTIIEAST CORNER OF TilE INTERSECTION OF BROOKSIDE DRIVE
AND MAGNOLIA DRIVE, CONSISTING OF LOT 1, BLOCK G, OAK
LAKE ESTATES, TOGETHER VlIllI THE ABUTTING RIGHT-Of-WAY OF
BROOKSIDE DRIVE, VlHOSE POST OFFICE ADDRESS IS 1001
BROOKSIDE DRIVE, FROM UNCLASSIFIED TO LOW DENSITY
RESIDENTIAL; PROVIDING AN EFFECTIVE DATE.
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HIIEREAS, the arnendrnen t to the future 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
rea son a b 1 e I pro per and a p pro p r ; ate, and i n COin P 1 i an c e wit h F lor i d a 1 a w ; now,
therefore,
BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sect;orLl. The future land use plan element of the comprehensive plan of
the City of C 1 eorwa ter is amended by chang i ng the 1 and use category for the
hereinafter described property as follows:
Property
Land Use Category
Lot 1, Block G, Oak Lake Estates,
according to the map or plat thereof,
as recorded in Plat Book 45, Pages 13
and 14, of the public records of Pinellas
County, Florida, together with the abutting
right-of-way of Brookside Drive. (LUP93-20)
From: Unclassified
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance 1S
consistent with the City1s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5426-93, and subject
to the approval of the land use designation by the Pinellas County Board of
County Commissioners. The Dir'ector of Planning and Development is authorized to
transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan ;n order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey, Mayor-Commissioner
Approved as
~.L
t.1. A. Galbraith,
correctness:
Attest:
Cynthia E. Goudeau, City Clerk
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PROPOSED ANNEXATJO,N
LAND USE PLAN AMENDMENT and ZONING
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APPLlCAHT
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ZONING
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P L A H III H G and Z 0 tll II a [l 0 ^ n 0
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MOTION TO AMEND ORDINANCE NO. 5428-93
In Section 4, delete", and subject to approval of the land use category
set forth in Ordinance No. 5427-93, by the Pinellas County Board of County'
Commissioners,1I
NOTE: On September 16, 1993, Ordinance 5296-92 (ppe consistency) and Ordinance
5312-92 (comprehensive plan amendments) were adopted; therefore, the land use
plan amendment will not need county approval.
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ORDINANCE NO. 5428-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF BROOKSIDE DRIVE AND MAGNOLIA DRIVE,
CONSISTING OF LOT 1, BLOCK G, OAK LAKE ESTATES, TOGETHER
WITH THE ABUTTING RIGHT-Of-WAY OF BROOKSIDE DRIVE, WHOSE
POST OFFICE ADDRESS IS 1001 BROOKSIDE DRIVE, AS
DESCRI BED MORE PARTICULARLY HEREIN, UPON ANNEXATION INTO
THE CITY OF CLEARWATER I AS SINGLE FAMILY RESIDENTIAL
(RS-8); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
.
.,
i
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
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Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
. )
Zoninq District
Lot 1, Block G, Oak Lake Estates, according
to the map or plat thereof as recorded in
Plat Book 45, Pages 13 and 14, of the public
r~cords of Pinellas County, Florida, together
with the abutting right-of-way of Brookside Drive.
(A93-14) ,
RS-8 - Single Fami ly !'
Residential
"
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to.revise the'
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No.5426-93, and subject
to approval of the land use category set forth in Ordinance No. 5427-93, by the
Pinellas County Board of County Commissioners.
'"
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Auqust 5. 1993
Rita Garvey, Mayor-Commissioner
','
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Approved as to form and correctness:
Attest:
.
City Attorney
. .
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Cynthia E. Goudeau, City Clerk
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
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PROPERTY DESCRIPT10U
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P L A H N \ H G and Z 0 tf I t4 a 0 0 A R ()
CITY COMMI9SIOH
ATLAS PAGE:
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SE.CTIOH
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MOTION TO AMEND ORDINANCE NO. 5436-93
I
1. In the title, beginning i.n the next to the last line, change IlLOW
DENSITY RESIDENTIAL" to IlRESIDENTIAL LOW. II
2. In Section 1, after liTo: II change "Low Density Residential" to
"Residential Low."
3. In Section 3, delete ", and subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners. The Director
of Planning and Development is authorized to transmit to the Pinellas County"
Planning Council an application to amend the CountyWide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City's Comprehensive
Plan as amended by this ordinance. II
,NOTE: On September 16, 1993, Ordinance 5296-92 (PPC consistency) and Ordinance
, , 5312-92 (comprehensive plan amendments) were adopted changing the name of the
,land use'category from "Low Density Residential" to "Residential Urban."
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ORDINANCE NO. 5436-93
AN ORDINANCE OF THE CITY, OF CLEARWATER,' FLORIDA,
AMENDING THE FUTURE LAND USE PLAN, ELEMENT OF THE
COMPREHENS I VE PLAN OF T~~" C llY, TO CHANGE THE LAND USE
DESIGNArION FOR CERTAIN ~REAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF S.R. 590 AND
LUCAS DRIVE, CONSISTING OF LOT 1, BLOCK 6, VIRGINIA
GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS
IS 2720 S.R. 590, FROM UNCLASSIFIED TO LOW DENSITY
RESIDENTIAL; PROVIDING AN EFFECTIvt DATE.
,
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WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 'OF
CLEARWATER, FLORIDA:
ProQerty
Land Use CateQory
From: Unclassified
Section 1. The future land use plan element of the Comprehensive Plan of .
the City of Clearwater is amended by changing the land use category for the
here i nafter descri bed property as fa 1 lows':
Lot 1, Block 6, Virginia Grove Terrace
Third Addition, according to the plat
thereof, as recorded in Plat Book 37,
Page 74, of the public records of Pinellas
County, Florida. (LUP93-21)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
To: Low Density Residential.
Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Commissioners. The Director of Planning and Development is authorized
to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
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Rita. Garvey, Mayor-Cornmi s s i oner
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Approved as to form and correctness: Attest:
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ity Attor~ey f-~ cynthia E. Goudeau, City Clerk
I'.
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
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PPLlCAHT
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LAND USE PLAN
ZONING
pnOPEnTY DEscnlPTIOH
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MOTION TO AMEND ORDINANCE NO. 5437-93
In'Section 4, delete
set forth in Ordinance No.
Commissioners. II
II, and subject to
5436-93, by the
approval
P 1 ne 11 as
of the land use
County Board
categ()ry
of County
NOTE: On September 16, 1993, Ordinance 5296-92 (ppe consistency)
5312-92 (comprehensive plan amendments) were adopted; therefore,
plan amendment will not need county approval.
and Ordinance
the land use
'~, '-~. - ~ (.' /-4" 'J., '~.:'
ORDINANCE NO. 5437-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSE~TION OF S.R. 590 AND LUCAS DRIVE, CONSISTING OF
LOT 1, BLOCK 6, VIRGINIA GROVE TERRACE THIRD ADDITION,
WHOSE POST OFFICE ADDRESS IS 2720 S.R. 590, AS DESCRIBED
MORE PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL (RS-8);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Lot 1, Block 6, Virginia Grove Terrace
Third Addition, according to the plat
thereof, as recorded in Plat Book 37,
Page 74, of the public records of
Pinellas County, Florida. (A93-15)
Zoninq District
RS-8 - Single Family Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5436-93, and subject
to approval of the land use category set forth ;n Ordinance No. 5437-93 by the
Pinellas County Board of County Co~nissioners.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 5, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynth i a E. Goudeau, C ity C rerk
Clty Attorney
I
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
JWNEn
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LUP' q 3 - '2.. I
LAND USE PLAN
ZONIN<3
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MOTION TO AMEND ORDINANCE NO. 5443-93
1. In the title, beginning in the next to the last lipe,change"LOW
,DENSITY RESIDENTIAL" to "RESIDENTIAL LOW. II
2. In Section 1, after "To:" chan'ge "Low Density Residential" to
"Residential Low,,"
3. In Section 3, delete", and subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners. The Director
of Planning and Development is authorized to transmit to the Pinellas County
Planning Council an application to amend the Countywide Plan in order to achieve
"consistency with the Future Land Use Plan Element of the City's Comprehensive
Plan as amended by this ordinance."
NOTE: On September 16, 1993, Ordinance 5296-92 (PPC consistency) and Ordinance
5312-92 (comprehensive plan amendments) were adopted changing the name of
'land use category from "Low Density Residential" to "Residential Urban.'"
,
.,
.t. , I
ORDINANCE NO. 5443-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF SKYLINE DRIVE, CONSISTING OF LOT 27 SKYLINE
GROVES, WHOSE POST OFFICE ADDRESS IS 1985 SKYLINE DRIVE,
FROM UNCLASSIFIED TO LOW DENSITY RESIDENTIAL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance ;s found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of
. the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
. Lot 27, Skyline Groves, according to
the map or plat thereof, as recorded
in Plat Book 44, Page 22, public
records of Pinellas County, Florida.
(LUP 93-23)
Land Use Cateqory
From: Unclassified
To: Low Density Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5442-93, and subject
to the approval of the land use designation by the Pinellas County Board of
County Commissioners. The Director of Planning and Development is authorized to
transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
. ,
.:1
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 19, 1993
IY'
.Rita ~arvey, Mayor-Commissioner
Approved as to form and correctness:
Attest:
.~"i
."
~"
.;.~
r''''
; ..
,
...,;,
Clty Attorney
~-
~ Cynthia E. Goudeau, City Clerk
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
SE.CTlOt~
06
TOW tl S HIP "'2J4 5
RS B
~I---C IT Y COM MIS S 10 H
RAt~a( \6 E ATLAS PAGE '2.5L\ \3
ACRES
OWNER
APPLlCAt~T I NVAtJ 0 \ NO \ C ~, A fvl
A q3- \7 luPq 3- 23
LAND USE PLAN ZONING
PROPERTY OESCRIPTIOU
LoT '2.7)
S~'-(LINE GRoVES
UNC.Lr~S<; \FIED
C 0 U t~ T Y f<. ~
0.15 AcnES
FROM
RIGHT OF WAY
TO
\... 0 uJ 0 E. t...} S I l' Y
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P L A tf N I fl G II n d Z 0 t~ I N a 8 0 A A D
----'-----,
. ~ln'Jl. famIly
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MOTION TO AMEND ORDINANCE NO. 5444-93
II .
In Section:4, delete ", and sUbJect to approval of
," use category set for};h in Ordinance No. 5443-93, by the
County Board of County Commissioners."
~<(
the land
Pine lIas
NOTE: On September 16, 1993, Ordinance 5296-92 (PPC consistency)
and Ordinance 5312-92 (comprehensive plan amendments) wereadoptedi
therefore, the land use plan amendment will not need county
approval.
... .
, ,\<j;~ .;.".:::....: N//'
.n
,','
.,
'..,..J,
",
'. '
ORDINANCE NO. 5444-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF SKYLINE DRIVE,
CONSISTING OF LOT 27, SKYLINE GROVES, WHOSE POST OFFICE
ADDRESS IS 1985 SKYLINE DRIVE, AS DESCRIBED MORE
PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS SINGLE FAMILY RESIDENTIAL (RS-B);
PROVIDING AN EFFECTIVE DATE.
I
I
.,
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"
J
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I
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I
.
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I
,I
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
I
BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Zoninq District
RS-8 - Single ~amily
Residential
Lot 27, Skyline Groves, according to the
map or plat thereof, as recorded in Plat
Book 44, Page 22, public records of
Pinellas County, Florida. (A93-17)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City.s comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5442-93, and subject
to approval of the land use category set forth in Ordinance No. 5443-93, by the
Pinellas County Board of County Commissioners.
I
'I
".1
, 1
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 19, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
t,
;;~J.
Cynthia E. Goudeau
;.:;, City'Clerk
.
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PROPOSED ANNEXATION
LAND USE PLAN AMEf'JDMENT and ZONING
LAND USE PLAN ZONING
pnOPERTY OESCI1IPTlOH
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AGENDA
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ORDINANCE NO. 5445-93
AN ORDINANCE OF TIlE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF NURSERY ROAD AND EXCALIBER
DRIVE, CONSISTING OF PART OF LOT 19, PINELLAS GROVES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2345 NURSERY
ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NURSERY
ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND
I~EDEFINING TilE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
~9
WIIEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex tile property into the City pursuant to Section 171.044, Florida Statutes,
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT OI~DAINED BY TIlE CITY COMMISSION OF TItE CITY OF
CLEAHWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit B attached.
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
within the annexed property. The City Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
herein upon lhe official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption.
The City Clerk shall file certified copies of this ordinance, including the map
attached hereto, with the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, within 7 days after adoption, and
sllall file a certified copy with the Florida Department of State within 30 days
after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey
Mayor-Conllni 55 i oner
Approved as to form and correctness:
/
Attest:
Cynthia E. Goudeau
City Clerk
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That portion of Lot 19, Pinellas Groves Subdivision, as recorded in
Plat Book I, Page 55, of the public records of Pinel1as County,
Florida, in the Southwest 1/4 of Section 19, Township 29S, Range
16E, further described as follows: Begin at the Northeast corner of
ttle Southeast 1/4 of the Southwest 1/4 of Section 19, Township 295,
Range 16E, and run North 89009104" West, along the 40 acre line
606.62 feet;, thence South 0037159" West, 33.00 feet to the Point of
Beginning; thence continue South 0037'5911 West, 135.00 feet; thence
North 89009104" West,. 100.00 feet; thence North 0037'59" East,
135.00 feet; thence South 89009'04" East, along a line 33.00 feet
south and parallel to the 40 acre line along Nursery Road, 100.00
feet to th~ Point of Beginning, together with the abutting right-of-
way of Nursery Road.
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MOTION TO AMEND ORDINANCE 5446-93
In the title,
;n the 6th line,
insert "PART OF/I before "LOT 19.11
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Inadvertently omitted from title of
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ORDINANCE HO. 5446-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF NURSERY ROAD AND
EXCALIBER DRIVE, CONSISTING OF LOT 19, PINELLAS GROVES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2345 NURSERY
ROAD, TOGETHER WI TH THE ABUTT ING RIGHT -OF -WAY OF NURSERY
ROAD,. FROM UNCLASSIFIED TO RESIDENTIAL SUBURBAN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the arnendmen t to the future 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonab 1 e, proper Clnd appropr i ate I and in camp 1 i ance with F 1 or ida 1 aw; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the Comprehensive Plan of
the C i t Y 0 f C 1 e a n." ate r i s a me n de d by c h an gin 9 the 1 and LI see ate 9 0 r y for the
hereinafter described property as fol lows:
Property
See Exhibit A attached. (LUP93-24)
Land Use Cateqory
From: Unclassified
To: Residential Suburban
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's_ Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5445-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey, Mayor-Commissioner
Approved as
and correctness:
Attest:
City Attorney
Cynthia E. Goudeau, City Clerk
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That portion of Lot 19, Pinellas Groves Subdivision, uS recorded in
Plat Book 11 Page 55, of the public records of Pinellas County,
Florida, in the Southwest 1/4 of Section 19, Township 295, Range
16E, further described as follows: Beg in at the Northeast corner of
the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 295,
Range 16E, and run North B9009'041l ~Iest, along the 40 acre line
605.52 feet; thence South 0037'59" West, 33.00 feet to the Point of
Beginning; thence continue South 0037'59" West, 135.00 feet; thence
North 89009'04" West, 100.00 feet; thence North 0037'59" East,
135.00 feet; thence South B9009'04" East, along a line 33.00 feet
south and parallel to the 40 acre line along Nursery Road, 100.00
feet to the Point of Beginning, together with the abutting right-of-
way of Nursary Road.
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, LAND USE PLAN
ZONING
PROPERTY OESCRIPTIOH
PAR..T LoT" \q)
PINEL-LA~ G-Q.D\JE5 Sw'/y
FROM
COUNTY f.<.-\
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RIGHT OF 'NAY
TO
RESJ l>SNTJAJ-.
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PlAtfHIHG ftnd ZOtnHO BOARD
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C I T Y C 0 ~4'M I 9 S ION
SE.CTION
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TOWt4SHIP L 9 5
ATLAS PAGE '317 A
RANGE \ 6 E
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ORDINANCE NO. 5447-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF NURSERY ROAD AND EXCALIBER DRIVE,
CONSISTING OF PART OF LOT 19, PINELLAS GROVES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2345 NURSERY
ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NURSERY
ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE FAMILY
RESIDENTIAL (RS-6); PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the assignment of a zoning district classification as set forth
in th is ord i nance is fou nd to be reasonab 1 e, proper and appropr i ate, and in
compliance with Florida law; now, therefore,
,.1
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER I FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby 70ned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Zoninq District
See Exhibit A attached. (A93-18)
RS-6 - Single Family Residential
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Sec t i on 3. The P 1 ann i ng and Deve lopment 0 i rector is directed to rev i se the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5445-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
1
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Rita Garvey
Mayor-Commissioner
~
N. A. Galbraith,
City Attorney
Cynthia E. Goudeau
City Clerk
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Approved a s to form and corre'ctnes s:
Attest:
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That portion of lot 19, Pinellas Groves Subdivision, as recorded in
Plat Book 1, Page 55, of the public records of Pinellas County,
Florida, in the Southwest 1/4 of Section 19, Township 295, Range
16E, further described as follows: Begin at the Northeast corner of
the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 295,
Range 16E, and run North 89009'04" West, along the 40 acre line
606.62 feet; thence South 0037'59" West, 33.00 feet to the Point of
Beginning; thence continue South 0037'59" West, 135.00 feet; thence
North 89009'04" West, 100.00 feet; thence North 0037'59" East,
135.00 feet; thence South 89009'0411 East, along a line 33.00 feet
south and parallel to the 40 acre line along Nursery Road, 100.00
feet to the point of Beginning, together with the abutting right-of-
way of Nursery Road.
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LAND USE PLAN
ZONING
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ORDINANCE NO. 5448-93
AN ORDINANCE Of TIlE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF BURNICE DRIVE, WEST OF BELCHER ROAD, CONSISTING OF
LOT 4, GLEN ELLYN ESTATES, WHOSE POST OFfICE ADDRESS IS
2178 BURNICE DRIVE, TOGETHER WITH THE RIGHT-Of-WAY OF
BURN I CE' 'OR I VE ABUTTI NG BOTH LOTS 3 AND 4, I NTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
3a
HIIEREAS, the owner of the real property described herein and depicted on
the lllap attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the property into the City pursuant to Section 171.044, Florida Statutes,
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF
CLEAIH'1A TER, FLOR r DA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
Lot 4, Glen Ellyn Estates, according to the plat thereof as recorded
in Plat Book 34, Page 32, of the public records of Pinellas County,
Florida, together with the right-of-way of Burnice Drive abutting
both Lots 3 and 4.
Section 2. The City Co~nission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
within the annexed property. The 'city Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption.
The City Clerk sllall file certified copies of this ordinance, including the map
attached hereto, with the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, within 7 days after adoption, and
shall file a certified copy with the Florida Department of State within 30 days
after adoption. '
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
october 7, 1993
Rita Garvey, Mayor-Commissioner
Approved as to form and correctness:
Attest:
City Attorney
Cynthia E. Goudeau, City C~k
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LAND USE PLAN AMENDMENT and ZONING
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LAND USE PLAN
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ACRES
PLAHt4ING ond ZOHIHO OOAno
CITY COMMI9SIOH
SE.CTlOH
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TOWNSHIP 2<1 s
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ATLAS PAGE 308 B
Singh Family
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33
ORDINANCE NO. 5449-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH S,IDE OF BURNICE DRIVE, WEST OF BELCHER ROAD,
CONS I ST I NG OF LOT 4, GLEN ELLYN ESTATES, WHOSE POST
OFFICE ADDRESS IS 2178 BURNICE DRIVE, TOGETHER WITH THE
RIGHT-OF-WAY OF BURNICE DRIVE ABUTTING BOTH LOTS 3 AND
4, FROM UNCLASSIFIED TO RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Propert'{
Lot 4, Glen Ellyn Estates, according to
the plat thereof as recorded in Plat
Book 34, Page 32 of the public records of
Pinellas County, Florida, together with the
right-of-way of Burnice Drive abutting
Lots 3 and 4. (LUP93-25)
Land Use CateQory
From: Unclassified
To: Residential Low
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5448-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey, Mayor-Commissioner
Approved as to form and correctness:
Attest:
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Attorney
Cynthia E. Goudeau, City Clerk
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ATLAS PAGE '308 B
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ORDINANCE NO. 5450-93
3~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE NORTH SI DE OF BURN ICE
DRIVE, WEST Of BELCHER ROAD, CONSISTING OF LOT 4, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2178 BURNICE
DRIVE, TOGETHER WITH THE RIGHT-Of-WAY OF BURNICE DRIVE
ABUTTING BOTH LOTS 3 AND 4" AS DESCRIBED MORE
PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY OF
CLEAR~ATER, AS SINGLE FAMILY RESIDENTIAL (RS-6);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance,with Florida law; now, therefore,
Property
ZoninQ District
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Floridal is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended~ as follows:
Lot 4, Glen Ellyn Estates, according to
the plat thereof as recorded in Plat
Book 34, Page 32 of the public records of
Pinellas CountYI Florida, together with the
right-of-way of Burnice Drive abutting
Lots 3 and 4. (A93-19)
RS-6 - Single Family
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed 'to revise the,,:!
zoning atlas of the City in accordance with the foregoing amendment. .:,1
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5448-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey, Mayor-Commissioner
Approved as
correctness:
Attest:
., Clty Attorney
Cynthia E. Goudeau, City Clerk
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LAND USE PLAN AMENDMENT and
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ZONING
LLJP93-2rl
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TR.u S T
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pnOPEnTY DEscnlPTIOH
LAND LJSE PL^N
ZONING
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SE.CTIOU
P L A H U I H G e. n d Z 0 HI t~ 0 n 0 A n [)
E ATLAS PAOE
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35
ORDINANCE NO. 5452-93
AN ORDINANCE OF TI~E CITY OF CLEARWATER, FLORIDA,
VACATING THE lO-FOOT EAST/WEST ALLEY LYING BETWEEN
ORANGE AVENUE AND BAY AVENUE, SOUTH OF BLOCK 12, TURNERS
SUBDIVI:SION NO.3, AND NORTH OF BLOCK 3, STARR &
SAVERY'S ADDITION TO CLEARWATER, SUBJECT TO A UTILITY
EASEMENT WHICH IS RETAINED OVER TlfE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
HIIEREAS, the Episcopal Church of the Ascension, owner of real property
adjoining the al'ley described herein, has requested that the City vacate the
alley; and
WIIEREAS, the City Commission finds that the alley is not necessary for
Illll n i c ipa 1 lJ se und it is deemed to be to the best interest of the City and the
general publ ic that the same be vacated; now, therefore,
BE IT ORDAINED BY TIlE CITY COMMISSION OF TIlE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
The IO-foot alley lying South of Block 12, Turners Subdivision No.
3, according to the plat thereof as recorded in Plat Book 1, Page
53, of the public records of Hillsborough County, Florida, of which
Pinellas was once a part, and lying North of Block 3, Starr &
Savery's Addition to Clearwater, according to the plat thereof as
recorded in Plat Book 1, Page 97, of the public records of
1Ii11sborough County, Florida, of which Pinellas was once a part,
is hereby vacated, closed and re 1 ea sed, and the Ci ty of Clearwater qu i tc 1 a ims and
releases all of its right, title and interest thereto, except that the City of
Clearwater hereby retains a utility easement over the described property for the
installation and maintenance of any and all public utilities thereon.
Sect i OtLf.. The City Clerk sha 11 record th is ord i nance in the pub 1 i c
l"ecords of Pinellas County, Florida, following adoption.
SeftionJ. This ordinance shall take effect immediately upon adoption.
PASSEl) ON F InST (lEADING October 7, 1993
PASSED ON SECOND AND FINAL
REAOING AND AOOPTEO
Rita Garvey
Mayor-Commissioner
Approved as to form and
and corr~
~ -~,
M. A. Ga braj_.l,/Jr.
City Attorney.--'
Attest:
Cynthia E. Goudeau
City Clerk
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Request d V6ca lIon
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ADDITION
Vacated 8024 - 2165
Re.tQined as Dr, a Util. Esm'l.
CLEARWAT
NOTE: This I. not Q SURVEY
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Section 16-29-15.'
"EpiscoPol Church of :
the Ascension"
Dote ~ 1/19/9 '3
Drown bYI D.D.M,
Revised 9/02/93
Revised 9/ ?3/ q 3
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o
5463-93
39
AN ORDINANCE OF THE CITY OF CLEARWATER, fLORIDA,
RELATING TO THE LAND D'EVELOPMENT CODE; AMENDING
SECTION 42.21, CODE OF. QRPINANCES, TO REVISE THE
REQUIREMENTS FOR NONCbNFORMING USES ON BARRIER
ISLANDS TO ENCOURAGE COMPLIANCE WITH DEVELOPMENT
AND BUILDING REGULATIONS, INCLUDING FLOOD DAMAGE
PREVENTION REGULATIONS; PROVIDING AN EFFECTIVE
DATE.
DE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section I. Section 42.2 J, Code of Ordinances, is amended to read:
Sec. 42.21. Nonconformities,
*
*
*
*
*
*
*
*
*
*
(7) Nonconforming densities or intensities of use in structures located on a barrier island.
Notwithstanding any other provision of this section, any stmcture located on a barrier island wtthitHbe
oofls~ul-hUX!Hf{I--i~Hne which is nonconforming due to density or intensity of use, but which was in
compliance with all applicable land development regulations at the time of its construction, and which
is damaged or destroyed by a storm, flood, fire or other catastrophic event, or propose<t for maior repair
PI' reconstqlction not "dilled to a storm. Hood. fire or other catastrophic event shall be subject to the
following:
(a) If the structure is damaged slIch that the cost of repair or reconstruction to its pre-damaged
condition is less than SO percent of the market value of the structure before the damage occurred,
the structure may he repaired or reconstructed in compliance with subsection (3) of this section,
ami shall not he suhJect to the requirements of chapter 51 relating to flood damage prevention.
(h) If the structure is damaged such that the cost of reconstruction to its predamaged condition equals
or exceeds 50 percent of the market value of the structure before the damage occurred, the
structure may he reconstructed in compliance with subsection (5) of this section. The project
shall he suhject to all applicahle development regulations, and building code requirements,
including hut not limited to the requirements of chapter 51 J relating to flood damage prevention,
with the exception of density or intensity of use requirements.
!k}
If the str\lclure i~ Ofoposed for rep,\ir or reconstruction not relijted to damage by a storm. tloocL.
fire or other Ci\tH~troph ic event and the ~ost of repair or reconstnlction equals or exceeds 50
percent pf tilt; 111llrkct ""hie of Jh~ structure hefore the repair or reconstruction. tl1e proiect shlill
ll~ sub!\:ct JO HliJlnplic"hl~evetopment regulations andJrn.i.Wing co<te requirements. including
llut not limitc<1 to the reQuirements of chapter 51. relating to flood...1Jamage prevention. with the
~xception of d~tl~ity or intt,msity of use requireJllents: provided, however. that the density and
floor ar~.' shall not eXill!Lthums.ilY and floor area that existed vrior to such repair or
rcc()ns~till!l.L
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UU(e). Any owner who proposes repair or reconstruction pursuant to this subsection shall demonstrate
that the structure was in compliance with all applicable regulations ~t the time of construction.
*
*
lie
*
*
*
*
*
*
*
Section 2. The provisions of this ordinance have been found to be consistent with the City of
Clearwater Comprehensive Plan.
Sectlon 3. This ordimmce shall take effect immediately upon adoption.
,
PASSED ON FIRST READING
October 7, .1993
PASSED ON SECOND AND
FINAL READING AND ADOPTED .
Rita Garvey
Mayor~Commissioner
Attest:
"
. Cynthia E. Goudeau
City. Clerk
Approved as to form and correctness:
M. A. Galhrait
City Attorney
pln\nllm:wr,unl
('
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Within multiple-family residential 16 districts, the following uses may be permitted as
conditional uses: ' .
Within multiple-family residential 20 districts, the following uses may be permitted as
conditional uses: .
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5464-93
40
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 40.164, 40.184, 40.204, 40.224, CODe OF
ORDINANCES, TO PROVIDE FOR NURSING HOMES AS A
CONDITlbNAL USE IN THE MULTIPLE-FAMILY RESIP~N"IAL 16,
20, 24, AND 28 ZONING DISTRICTS; AMENDING SECTION
41.053 TO PROVIDE SUPPLEMENTARY CONDITIONAL USE
STANDARDS FOR SUCH USES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY Of
CLEARWATER, FLORIDA:
Section 1. Section 40.164, Code of Ordinances, is amended to read:
Sec. 40.164. Conditional uses.
(1) Level II group care;
(2) Congregate care;
(3) Noncommercial parking;
(4) Residential shelters;
lID. Nlli~ingl1 0 m e ~.
.s.ection 2. Section 40.184, Code of Ordinances, Is amended to read:
Sec. 40.184. Conditional uses.
(1 ) level II group care;
(2) Congregate care;
(3) Noncommercial parkin,O;
(4) Residential shelters;
. lID. NlI!sin9.l12mes,
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Section ~. Section 40.204, Code of Ordinances, is amended to read:
Sec. 40.204. Conditional uses.
Within multiple-family residential 24 districts, the following uses may be permitted as
conditional uses:'
(1) Level II group care;
.
(2) Congregate care;
(3) Noncommercial parking;
(4) Residential shelters;
ill Nill~ing homeli:,
Section 4. Section 40.224, Code of Ordinances, is amended to read:
Sec. 40.224. Conditional uses.
Within mulitple-farnily residential 28 districts, the following uses may be permitted as
conditional uses; " '
( 1 ) Level II group care;
(2) Congregate care;
. , . (3) Noncommercial parking;
(4) Residential shelters;
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Section Q. Section 41.053, Code of Ordinances, is amended to read:
Sec. 41.053. Supplementary standards by category of use.
The standards in this section which ,apply to the identified category of use shall supplement
the general standards of use Identified in section 41.052. No conditional use shall be
authorized unless determined to meet all of the standards applicable thereto.
* * . * . .
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(21) Nursing homes may be permitted within the 2 2
resid~ntial distriQts. and the limited office, general office and the public/semipublic
districts upon determination that:
(b)
(c)
The use shall be appropriately located in an area not concentrated with similar'
, '
facilities.
The use shall be separated from high activity or noise generating areas.
The use shall comply with all of the general standards contained in section
41.052.
(a)
* * * * * *
Section 6. The provisions of this ordinance have been found to be consistent with the
City of Clearwater Comprehensive Plan.
Section 7. This ordinance shall take effect immediately upon adoption- ,
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
October 7,
Rita Garvey Mayor;;Commissioner
'U Attes't: ',.' ,
.. Cynthia E. Goudeau
City Clerk
and correctness:
M. A. Galbrait
City Attorney
ORDIHANCE NO. 5467-93
4{
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEX I NG CERT AI N REAL PROPERTY LOCATED ON THE NORTH S I DE
OF RANGE ROAD, CONSISTING OF PART OF LOT 11, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2060 THROUGH 2066
RANGE ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
,".,
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WHEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the property into the City pursuant to Section 171.044, Florida Statutes,
and the City has' complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit B attached hereto.
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
within the annexed property. The City Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
herein upon the official maps and records of the City.
. Section 3. This ordinance shall take effect immediately upon adoption.
The City Clerk shall file certified copies of this ordinance, including the map
attached hereto, with the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, within 7 days after adoption, and
shall file a certified copy with the Florida Department of State within 30 days
after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
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more fully as follows:
Beginning at the Southwest corner of the Northwest 1/4 of the
Northeast 1/4 of Section 12, Township 29 South, Range 15 East, run
North 00017'0211 East 30.00 feet to a point on the Northerly right-
of-way line of Range Road; thence South 89020'0211 East 754.01 feet
along said Northerly right-of-way line of Range Road to the POINT OF
BEGINNING; thence continuing South 89020'02" East along the
Northerly right-of-way line of Range Road 152.61 feet; thence North
00005'5411 Ea'st 200.00 feet; thence North 89020.0211 West 152.61 feet;
thence South 00005'5411 West 200.08 feet to tne POINT OF BEGINNING.
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ORDINANCE NO. 5468-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF RANGE ROAD, CONSISTING OF PART OF LOT 11,
PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2060
THROUGH 2066 RANGE ROAD, FROM UNCLASSIFIED TO INDUSTRIAL
LIMITEDj PROVIDING AN EFFECTIVE DATE.
WHEREAS, th~ amendment to the future land use plan element of ihe
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida lawj now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
Land Use CateQory
From: Unclassified
See Exhibit A attached hereto.
(LUP 93-27)
To: Industrial limited
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5467-93.
PASSED ON FIRST READING.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993 .
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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Part of Section 12, Township 29 South, Range 15 East, and described
more fully as follows:
Beginning at the Southwest corner of the Northwest 1/4 of the
Northeast 1/4 of Section 12, Township 29 South, Range 15 East, run
North 00017'Q2" East 30.00 feet to a point on the Northerly right-
of-way line of Range Road; thence 'South 89020'02" East 754.01 feet
along said Northerly right-of-way line of Range Road to the POINT OF
BEGINNING; thence continuing South 89020'02"' East along the
Northerly right-of-way line of Range Road 152.61feetj thence North
00005'54" East 200.00 feet; thence North 89020'02" West 152.61 feet;
thence Sout'h 00005'54" West 200.08 feet to the POINT OF BEGINNING.
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ORDINANCE NO. 5469-93
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE NORTH SIDE OF RANGE ROAD,
CONSISTING OF PART OF LOT 11, PINELLAS GROVES, WHOSE
POST OFfi"ICE ADDRESS IS 2060 THROUGH 2066 RANGE ROAD, AS
DESCRIBED MORE PARTICULARLY HEREIN, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LIMITED INDUSTRIAL (IL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, th~ assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwaterl and the zoning atlas of the City is amended, as follows:
Property
See Exhibit A attached hereto.
(Z 93-20)
Zoninq District
IL - Limited Industrial
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5467-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey
Mayor-Commissioner
correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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Part of Section 12, Township 29 South, Range 15 East, and described
more fully as follows:
Beginning at the Southwest corner of the Northwest 1/4 of the
Northeast 1/4 of Section 12, Township 29 South, Range 15 East, run
North OOo1710e" East 30.00 feet to a point on the Northerly right-
of-way line of Range Road; thence South 89020'02" East 754.01 feet
along said Northerly right-of-way line of Range Road to the POINT OF
BEGINNING; thence continuing South 89020"02" East along the
Northerly right-of-way line of Range Road 152.61 feet; thence North
00005'54" EQst 200.00 feet; thence North 89020'02" West 152.61 feet;
thence South 00005154" West 200.08 feet to the POINT OF BEGINNING.
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ORDINANCE NO. 5472-93
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING HIE 5.0 FOOT SANITARY SEWER AND UTILITY
EASEMENT LYING ALONG THE WESTERLY SIDE OF LOT 12 AND IN
PART bF LOT 11, BLOCK 266, CARLOUEL SUBDIVISION;
PROVIDING AN EFFECTIVE DATE.
H"EI~EAS, it has been requested by William Athanasiou, owner of certain real
property located in the City of Clearwater, that the City vacate the sanitary
sewer and utility easement described hereinj and
HHEHEAS, the City Commission finds that said easement is not necessary for
municipal Lise and it is deemed to be to the best interest of the City and the
general public that the same be vacated; now, therefore,
BE IT ORDAINED BY TilE CITY COMMISSION OF TIlE CITY OF
CI EARWATER, FLORIDA:
S e c t i 0 ILl. The f 0 11 ow i n g :
The 5.0 Foot San i tar y Sewer and Ut i1 i ty Easement 1 yi ng a long the
Westerly side of Lot 12, Block 266, and within that part of Lot 11
lying Northwesterly of a straight line which is Northwesterly of,
parallel to, and 53 Feet distant at right- angles from the
Southeasterly boundary of Lot 11, Block 266, Carlouel Subdivision,
according to the map or plat thereof as recorded in Plat Book 20,
Pages 60 thru 62, of the public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases an of its right, title. and interest thereto. ,
Section 2. The City Clerk shall record this ordinance in the public
records of Pinellas County, Florida, following adoption.
Sect -jonJ. Th i s ord i nance sha 11 take effect immedi ate ly upon adopt ion.
PASSED ON FIRST READING
October 7, 1993
PASSED ON SFCOND AND FINAL
HFADING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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Vac. No, I 93-11.
Section: 32-28-15
Drawn by I D.O. M,
Date I 8/27/93
Lf5
ORDINANCE NO. 5478-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PROHIBITING THE
PRACTICE OF REQUESTING PAYMENT IN EXCHANGE FOR lIWATCHINGlI A PARKED
MOTOR VEHICLE: WITH CERTAIN EXCEPTIONS: CREATING SECTION 21.15, CODE
OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the C; ty Comm; ss ion finds it necessary to protect the pub 1 i c
health and safety to prohibit the practice of requesting payment for the
"service" of "watc.hingll or "guarding" parked motor vehicles where no such service
is actually provided; and
WHEREAS, such requests are intimidation tactics intended to extort money
from persons wishing to avoid the implied threat of damage to their motor
vehicles if payment is not made, and such tactics serve no legitimate purpose;
now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 21.15, Code of Ordinances, is created to read:
Sec. 21.15. Requesting Payment in Exchange for "Watching" Parked Motor
Vehicle Prohibited; Exceptions.
It is un 1 awfu 1 for any person to request payment in exchange for the
service of providing security for, guarding, or otherwise watching any motor
vehicle owned by, or in the lawful possession of, another person unless:
(1) The requesting person is a properly licensed secur-ity officer who is
in compliance with all applicable requirements of Chapter 493, Florida Statutes,
relating to private security services; or
(2) The requesting person is the owner or employee of a parking facility
at which the vehicle is parked or to be parked when the request is made, and the
service is incidental to an agreement to permit the motor vehicle to be parked
upon or within such parking facility.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
October 7, 1993
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5481-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE 6-FOOT DRAINAGE AND UTILITY EASEMENT LYING
IN LOT JS, BLOCK E, TROPIC HILLS UNIT 2; PROVIDING AN
EFFECTIVE DATE.
HIIEREAS, it tla s been requested by Patr i c; a K. Freeman, the owner of certa in
rea 1 pro perty 1 oca ted in the City of C 1 earwa ter , that the City v aca te the
drainage and ut i 1 i ty easement described herein; and .'
WIiEHEAS, the City Camilli s sian finds that sa i d easement is not neces sary for
municipal ltSe and it is deemed to be to the best interest of the City and the
general public that the same be vacated; now, therefore,
BE IT OHOAINEO BY TilE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
The 6-foot drainage and utility easement lying in Lot 15, Block E,
Tropic lIi'I1s Unit 2, according to the map or plat thereof as
recorded in Plat Book 58, Page 5, of the public records of Pinellas
County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public
rec'Ords of Pinenas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 7, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and
alld correctness:
~0L$/Jl1A i:~t~
M. A. Ga lbra~~r.
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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Vac, NO.1 93~IO
Section- 19-29-16
Drawn by: D.O,M,
Dale' 8/26/93
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41
ORDINANCE NO. 5487-93
AN O~DINANCE OF TilE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 5386-93, WHICH PROPOSES A CITY
CHARTER AMENDMENT TO ESTABLISH A DEPARTMENT TO BE KNOWN
AS THE GENERAL ACCOUNTING OFFICE, AND WHICH PROVIDES FOR
A SPECIAL ELECTION TO SUBMIT THE PROPOSED CITY CHARtER
AMENDMENT TO THE VOTERS; CHANGI NG THE DATE OF THE
SPECIAL ELECTION FROM NOVEMBER 2, 1993, TO JANUARY 11,
1994i PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2 of Ordinance 5386-93 is amended to read:
Sect i on 2. The amendment proposed by th i s ord i nance sha 11
take effect upon the approval thereof by the voters of the City. A
special election for such purpose shall be conducted on Januarv II.
1994. NovemBer 2, ID9J.;- and the proposed amendment shall be deemed
approved upon the affirmative vote of a majority of the voters of
the City voting at that time upon the following ballot question:
*
*
*
*
*
Section 2.
This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED '
October 7, 1993
Attest:
Rita Garvey
Mayor-Commissioner
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Cynthia E. Goudeau
City Clerk
Approved as to form and correctness:
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CODING: Words &lrlcke~ are delotlons: words underlined are additions. Asterisks (* * *)
denote the location of text omitted from this ordInance but not affected by this ordinance.
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AGENDA
DA.TE
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
5/. lohl/v
SUBJECT:
Preliminary site plan for Sun watch Condominiums, located at 670 Island Way, Island Estates; Doug
Dupuis (owner); David A. Bartz (representative)
(PSP 93-09)
RECOMMENDA TION/MOTION:
Receive the preliminary site plan for Sunwatch Condominiums and authorize the Development Review
Committee to approve the final site plan subject to the preliminary conditions listed on page two.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The applicant proposes to construct a 96 unit condominium tower on a 3.89 acre vacant parcel. The
tower is proposed to be 95 feet in height. The parcel has a High Density Residential Land Use Plan
classification, and a Multiple-Family Residential 28 (RM-28) zoning district. The proposed development
is planned to abut the existing Island Walk Condominium to the north and the Diamond Isles
Condominiums to the south.
The proposed site was formerly known as Belpark Condominiums and was approved for 99 units in
1990. The certified site plan expired and no construction occurred, with the exception of the existing
two tennis courts located in the southern portion of the property, and eleven boat docks
constructed on Mandalay Channel.
With regard to the City's Concurrency Ordinance, the subject residential development is anticipated to
generate a maximum of 6. 1 trips per unit per day. It is allticipated to produce approximately 60 peak
hour trips, and a maximum of approximately 585 average daily trips. The adopted transportation Level
of Service will not be significantly impacted by the proposed development, as the Memorial Causeway
has a current actual Level of $ervice "C".
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
$
Current Fiscal Yr.
N/A
N/A
N/A
N/A
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N/A
Originating Dept:
CENTRAL
COlts:
$ N/A
Total
Commislion Action:
o Approved
o Approved w{conditions
o Denied
o Continued to:
Uler Dept:
Advertisod:
Date:
Paper:
mI Not Requi red
Affected Parties
o Notified
mI Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
APPLICATION
MAP
o None
Appropriation Code:
~ Printed on recycled paper
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PSP 93-09
Page two
SURROUNDING LAND USES
NORTH: Residential
SOUTH: Residential
EAST: Residential
WEST: Mandalay Channel
ACCESS:
PARKING:
DRAINAGE:
UTILITIES:
CONCURRENCY:
Island Way/Memorial Causeway
Off Street
SWFWMD design standards and City of Clearwater stormwater standards
All essential utilities to be provided by the City of Clearwater
Proposed development will not degrade existing levels of service with regard to
traffic.
PRELIMINARY CONDITIONS:
1. Signs and fencing/walls are subject to separate review and permitting processes.
2. The requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan.
3. Prior to certification, the Dumpster Requirement Form must be completed and returned to the City
Sanitation Department.
4. Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually
screened, and gates must be provided with a minimum 12-foot clear opening to the front for
access by Sanitation trucks.
5. Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
6. Prior to certification, the final site plan must be signed and sealed by a Professional
Engineer registered in the State of Florida.
7. A Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility Easement over
the proposed water mains up to and including meters, backflow prevention devices and hydrants
are required prior to the issuance of a Building Permit.
8. Backflow prevention devices must be installed by the City with applicable fees being paid by the
owner.
9. Sidewalks are required adjacent to all street rights-of-way.
10. Handicap spaces must be adjusted to meet government standards.
11. Applicant shall, on the preliminary and final site plan, show all protected trees by size, species,
and location.
12. Prior to certification, all required perimeter landscape buffers shall be delineated by shading and/or
cross-hatching in accordance with the current code requirements.
13. Prior to the issuance of a building permit, a Landscape Plan in compliance with the Land
Development Code requirement shall be submitted for approval by the Environmental Management
Group. ,
14. Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit
and a tree removal permit (or a no tree verification form) from Environmental Management.
15. Prior to issuance of a building permit, applicant shall provide to Environmental Management and
Engineering an approved copy of all necessary local, state and federal permits that may be
required.
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PSP 93-09
Page three
17.
Mean or Natural High Water Elevations and Seasonal High Water Elevations are required to be
shown on the preliminary and final site plan in the form of a cross-section detail for all activities
that may potentially impact on-site surface water systems. Soil type and soil boring data shall
also be submitted in the area of planned detention or retention storage ponds along with
calculated percolation rates. ,
The applicant shall contact Parks & Recreation for the required recreation/open space assessment
fee, which shall be paid prior to certification.
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16.
CITY OF CLEARWATER. Department of Planning & Development
City Hall Annox, 10 So, Missouri Avo., P.O. Box 4748
ClonrwlI(or, FL 34618-4748
Telophone: (813) 462-6880 (FlIx 462-6641)
APPLICATION FQR SITE PLAN REVIEW
Applicant (Ownor of Rocord): S II nwa tch., I nc;_
Address:
Representative: Avid Engineer inqJ Inc_
Address: 36422 u. S . 1 9 N
Preparcr of Plan: David A. Bartz
Address: 36422 U .S.19N
T elophono: ( 81 3 ) 789 - Q 50 0
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Dong nupuis Phone: ( A 11 J 7 R l) ? ~ 9 0
City: Stato: Zip:
David Bartz Tolephono: ( 813 J 789-9500
City: Pa 1m lIarbor StDte: FL _Zip: 34684
ProfosslollDl Titlo: Pres i den t / A v id Enq i neer ing
City: Palm Harbor StDte: FL Zip: 34684
Titlo of Proposod Sito Plon/Projoct:
Sllilll1r1 t r-b .cn.ndom j n i 11 ms
Parcel Number: I
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670 Island Way
I
General location of Property:
Zoning:
RM 28
LDnd Usa Pion Clossiflcation:
Existing Uso of Proporty: Vacant
Proposed Uso of Property: 96 Condo Un i ts
If variances nnd/or conditional usos ore involved, explain (if Illorc splice roqlliroc.llltloch sopnrate shoot):
Height variance re.Qu~st to 95'
City Ordinance No, 3128-83 and No. 3129.83 roquirB D pnrks Dnd rocroution impact feo to be paid for 011 nonrosldential projects
ovor 1 acra In size and 011 rosldential devolopmonts. Has this property compllod with these ordinances? yes If yos, explain how
and whon: 1990 - wi th Rf:ll pnrk gg {lnir Coone) Approvr'll
Assessed just valuo of properly (ottuch verification):
Most rocent sulos prlco (attach verification): $1 f 475 , 000. 00
As of (date):
12-21-90
Fee for SitlJ Plan Roview:
,. Base charge for each sito plan .., , . . . . . . , . . , . . . . . , . . , . , . . . . . , . . , . , . . . . . , . . . .$790 plus
(a) For each acro or fraction th oreot .,.. , . . . . , . . . . . , . . . . . . . . . . , . . . . . . . . . . . . $ 55
2. Rovalldation of a certifiod site plnn ,., . . . . . . . . . . , . . . . , , . . . . , . . . . . , . . . . . . . , . . . .$150
3. Site plan omolldment (orter certification) . , . , . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . , . . , . $150
Tho applleDnt, by fillno this lIpplieotlon llgroos he/sho will comply with Soctlon 43,21 of tho City's LDnd Dov6lop~ont Code.
AEOE'V~D
Sgp ~ 8 199~
Signaturo. :
.Jf tho appllcatio\'l...l:i.~~~ Individual other thlln tho property ownor (o.g, tho ropresentative), please attach 8 statomont
signed by tho pro\JbWt~M,?~T,imATln9 this individual to sign the application.
NOTES:
1) THE SITE PLANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE.
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2) THE SITE PLANS MUST BE fOLDED TO NO LAHGER THAN 9" x 12".
3) IT IS RECOMMENDED THE SITE PLANS SUBMITTED DE LIMITED TO ONE PAGE.
Rev. 3/92
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From
Sep.07,1993 02:\:ll PI'I
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SELLER I
CLOSINy ~rAT~MENT
SWIRE PACII~IC HOLDINGS INC.
BUY~Rt
PROPERTYI
SUN WA'rCll, I NC
SEE EXHlEUT "A" ATTACHeD HERETO AND MADE A PAR'r HEREOf
CLOSING DATE: DECEMBEH 21, 1990
-----------~---------._--._----------------------~--~---~-~--------
Sa leD Price
$1,475,000.00
Leee Credits to Buyerl
Earnost Deposits (PluG Intereot Earnod Thereon)
Held by TrenaJn, Simmons
Purchase Money Note
($ 152,210.28)
($1,125,000.00)
Add Credits to Saller:
Proration of 1990 Ad Valorem Real Property Taxes. $
766.93
Net Sales Price
$ 196,556.65
~1r'a ~xpense~ Q! Sale
Recor,d Deed............ $
~!er'6 E~p~n8es of Sale.
24.00 Documentary Stamps
on Deed............. $
8,112.50
Oocument~ry Stamps on
Purchase Money Note
and Mortgage. ...... ..$ 3,600.00
Owner's Title Insur-
ance ~olicy..... ....$
6,500.00
Intangible Tax on Brokerage Commissions
~ort9age... ..........$ 2,250.00
Record Mortgage........$
Mortgagee Title
Insurance Policy.....$
Record UCC-l Financing
Statement (County)...$
Record UCC-l Financing
Statement (State). ...$
JC/Mastare Realty,
118.50 10c.................$ 48,625.00
Bobby Byrd Real
175.00 EBtate.........'.....$ P.O.C.1r*
Seller's Attorneys
20.50 Fees.... ....... ... ..$ 8,515.00
Seller'8 At~orneys'
29.75 Out-of-Pocket Coste.$ 325.00
TOTAL EXPENSES OF SALE S 6,22S.7~ $ 7L0'17.SJl
CaehSummary - Buy~ Cash S~mma~y - SelJer
Not Sales Price...... .$198,556.65 Net Salan Price...... .$198,556.65
plus Deposits and
Interest held by
Trenam, Simmons.... .$152,210.28
Less Soller' B
Expensee...........($ 72,077.50)
Plus auyo~'8 .
Expanses,.,.........$ 6,225.75
~OTAL VUE FROM ,
nUYER. ... ...........'jQ4,~a2.42
TOTAL CASH DUE TO
SELLER....... ..... .'1~16e9.43
LESS Partial Release
Price to Marine
Midland.. .........,$279,609.43
TOTAl, CASH '1'0
S~LLER... ..........$0.00
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SEE AGENDA DRAWINGS
4-5/
IO/cil/93
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
5~ · IV J6l/ fq3
SUBJECT:
Unsafe Building Code - Section 47.161 City Code of Ordinances
RECOMMENDATION/MOTION:
Approve proposed amendments to Unsafe Building Code and pass Ordinance #5486-93 on first
reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The Unsafe Building Code is a means for the City to provide for the public safety, health and general
welfare of citizens by allowing the removal of those buildings or structures threatening safety, life and
property. This proposed ordinance would allow staff to work more efficiently by expediting the removal
of these buildings. The following is a summary of the changes:
1. Reduces from 10 days to 7 days the time in which the owner is to get a permit and commence
work, after service of a notice of an unsafe building.
2. Requires completion of repairs, securing of a building, or demolition of a building (as appropriate
in each case) within 20 days after issuance of the permit for the work. Deletes the unfettered
discretion of the building official to allow more or less time (see paragraph 6 below).
3. If the building is occupied, requires vacation of the premises within 30 days after service of the
notice but, if the building constitutes an immediate hazard to life or to the safety of the occupants
and the public, requires vacation of the premises immediately.
4. Reduces from 10 days to 7 days the time in which an appeal to the Building/Flood Board of
Adjustment and Appeals may be filed. Upon a failure to appeal in the time specified, the notice
shall constitute a final order and no additional notice shall be required or provided.
5. Establishes a 30-day limit on boarding up a building, but allows a building to remain boarded up
while an appeal is pending.
6. Allows the building official to extend a deadline for repairing, securing or boarding up, or
demolishing a building or structure upon a showing of good cause by the owner, if the owner has
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
N/A
N/A
N/A
~t'l/
N/A
Originating Dept:
Central Permitting
Costs:
$
N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
$ N/A
Current Fiscal Yr.
User Dept:
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Advertised:
Date:
Paper: Tampa Tribune
o Not Requi red
; Affected Parties
. 0 Notified
~ Not Requi red
Flnding Source:
o Capital Imp.
o Operating
o Other
Attachments:
Ordinance #5486-93
Appropriation Code:
o None
~ Printed on recycled paper
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7.
entered into a contract with a licensed contractor to perform the necessary work. To be eligible
for an extension of time, the contract must require the necessary work to be commenced within
60 days following service of notice to the owner and allow not more than 30 days for completion
of nonstructural repairs, or not more than 90 days for completion of structural repairs or
demolition. However, if the building constitutes an immediate hazard to life or to the safety of
the occupants and the public, the deadline to vacate the building shall not be extended, the
building or structure shall be secured against entry by trespassers, and any exterior repairs
necessary to remove hazards to persons outside the building or structure shall be performed to
the satisfaction of the building official as a prerequisite to an extension of a deadline.
Establishes that the Code Enforcement Board is an alternative code enforcement remedy. The
Code Enforcement Board will not be a party to the procedure authorized by this ordinance,
howeve r.
Reduces from 10 days to 7 days the time between service of the hearing notice and the hearing
before a board.
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Staff will also develop an information package for citizens explaining the changes in the code. This
package will include a flyer to include in utility bills and an expanded information package with additional
information, including requirements to be considered by inspectors.
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ORDINANCE NO. 5486-93
AN ORDINANCE OF THE CITY OF CLEARWATER RELATING TO
I3UI LD] NGS AND BUI LOI NG REGULAT IONS; AMENDING SECTION
47.161,.CODE OF ORDINANCES; AMENDING CERTAIN SECTIONS
OF THE STANDARD UNSAFE BUILDING ABATEMENT CODE RELATING
TO UNSAFE BU ILD I NGS AND SYSTEMS, TO REDUCE THE TIME
WITHIN WHICH PERMITS SIIALL BE OBTAINED AND WORK
COMMENCED FOLLOWING NOTICE OF AN UNSAFE BUILDING OR
SYSTE~; TO REQUIRE THAT NECESSARY REPAIRS, SECURITY, OR
DEMOLITION BE COMPLETED WITHIN TWENTY DAYS FOLLOWING
ISSUANCE OF THE PERMIT FOR SUCH WORK; TO PROVIDE FOR THE
IMMEDIATE VACATION OF AN OCCUPIED BUILDING OR STRUCTURE
WHICH CONSTITUTES AN IMMEDIATE HAZARD TO LIFE OR TO THE
SAFETY OF THE OCCUPANTS AND THE PUBLIC; TO LIMIT THE
TIME IN WHICH A BUILDING OR STRUCTURE MAY BE SECURED OR
BOARDED UP; TO PROVIDE FOR NOTICES AND APPEALS; AND TO
PROVIDE FOR ENFORCEMENT BY THE MUNICIPAL CODE
ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.161, Code of Ordinances, is amended to read:
Sec. 47.161. Declared illegal; amendments to standard code.
(1) All buildings, structures, or electrical, gas, mechanical or plumbing
systems which are unsafe or unsanitary, or which do not provide adequate egress,
or which constitute a fire hazard, or which are otherwise dangerous to human
life, or which, in relation to existing us~ constitute a hazard to safety or
health, are considered unsafe buildings, structures or service systems and are
hereby declared illegal-:.. All such unsafe building. structures or service systems .1
a~ shall be abated by repair and rehabilitation or by demolition in accordance
with the provisions of the Standard Unsafe Building Abatement Code~ adopted in
section 47.051 of this Code of Ordinances, with the following amendments:
Section 105. Section 105 is amended to read in its entirety:
105. Board of adjustment and appeals. The building/flood board of
adjus tment and appea 1 s sha 11 have the au thor i ty to prov i de for
adjustments and appeals to the Standard for Unsafe Building
Aba tement Code, and s ha 11 have the au thor i ty to make the f i na 1
interpretation of provisions of such code. This section shall not
be construed as depriving the Municipal Code Enforcement Board of
its authority to conduct hearinQs relatina to violations of the
Standard Unsafe Building Abatement Code or to carry out its powers
pursuant to Division 9 of Article III of Chapter 2 of the Code of
Ordinances.
3.1. If the building or structure is to be repaired or secured, the
notice shall require that all necessary permits be secured and the
work commenced within seven -teft calendar days followinq service of
notice or in such time-as-6etermincd by the building official, and
that the work be completed within 20 calendar days following
issuance of the permit or in ~uch time as the building official
4etcrmiR~. ,The notice shall also indicate the degree to which the
repairs must comply with the provisions of the Standard Building
Code, in accordance with section 101.4 of this Standard Unsafe
Building Abatement Code.
Section 302.1.1, paragraph 3.3. Paragraph 3.3 of section 302.1.1 is amended to
read:
Section 302.1.1, paragraph 3.1. Paragraph 3.1 of section 302.1.1 is amended to
read:
3.3. If the building or structure is to be demolished, the notice
shall require that the premises be vacated within 30 calendar days
followinq service of notice, or immediately followinq service of
notice in the case of an occupied buildinq or structure which
constitutes an immediate hazard to life or to the safety of the
occupants and the public~ shorter time as determined by the buildin~
official, -anti- The notice shall also require that all required
permits for demolition be secured and the work commenced within
seven calendar days followinq service of notice, and that the
demolition be completed within such time as determined reasonable by
the building official, but within no longer than 20 calendar days
followinq issuance of the permit.
Section 302.1.1, paragraph 4. Paragraph 4 of section 302.1.1 is amended to read:
4. A statement advising that any person having any legal or
equ i tab le interest in the property may appea 1 the not ice by the
building official to the building/flood board of adjustment and
appeals; that such appeal shall be in writing in the form specified
in section 401 of this Standard Unsafe Building Abatement Code and
shall be filed with the building official within seven -teiT calendar
days followinq service from the date of the notice; that upon a
failure to appeal in the time specified, the notice shall constitute
a final order and no additional notice shall be required or
provided: and that failure to appeal in the time specified will
constitute a waiver of all rights to an administrative hearing.
Section 303. Section 303 is amended to read in its entirety:
303. Standards For Compliance. The following action shall be taken
by the building official when ordering the repair. vacation or
demolition of an unsafe building or structure:
2
1. The building shall be ordered repaired in accordance with the
Standard Building Code or demolished at the option of the owner.
2. If the building or structure constitutes 1395&5- an immediate
hazard to life or to the safety of the public:
.
a. The buildinQ official shall order the building or
structure shall be ortie-fle4 vacated immediately; and
b. The building official shall cause the building or
structure to be made safe. If the cost to repair is more
than 50 percent of the va 1 ue of that bu i 1 ding or
structure, the building official shall order the
building or structure demolished.
3. The buildinQ or structure may be secured or boarded up for a
maximum of 30 calendar days. after which time the necessary repairs
or construction. alterations, removal. or demolition shall have been
commenced and completed: provided. that if an appeal has been taken,
the buildinq or structure may be secured or boarded up durinq the
pendency of the appeal and for such additional time as the reviewing
board may allow.
4. The bu'ildinq official may extend a deadline for repairinQ,
securinq or boardinq up, or demolishinq a buildinq or structure upon
a showinq of Qood cause by the owner, and upon a showinQ by the
owner that the owner has entered into a contract with a licensed
contractor to perform the necessary work. To allow the owner to be
eliQible for a deadline extension, the contract shall require the
necessary work to be commenced not later than 60 days following
service of notice to the owner and shall require the work to be
completed not later than 30 days followinq commencement of the work
if the work consists of nonstructural repairs, or not later than 90
days followinq commencement of the work if the work consists of
structura 1 repa irs or demo 1 it i on of the bu i1 ding or structure.
However, if the buildinq or structure constitutes an immediate
hazard to life or to the safety of the occupants and the public, the
deadline to vacate the building shall not be extended. the buildinq
or structure shall be secured aqainst entry by trespassers, and any
exterior repairs necessary to remove hazards to persons outside the
buildinQ or structure shall be performed to the satisfaction of the
buildinQ official as a Qrerequisite to an extension of a deadline.
3
401.1. Right of Appeal--Filing.
Section 401.1. Section 401.1 is amended to read in its entirety:
Any person entitled to service in accordance with the provisions of
chapter 3 of this Standard Unsafe Building Abatement Code may appeal
any action of the building official under this code to the
building/flood board of adjustment and appeals. Such appeal must be
filed in writing with the building official within seven -teA-
calendar days from the date of service on a form provided by the
building official containing at least the following information:
1. Identification of the building or structure €Gnccrned by street
address or legal description.
2. A statement identifying the legal or equitable interest of each
appe 11 ant.
3. A statement 'identifying the specific order of the building
official or section of the code being appealed.
4. A statement detailing the issues on which the appellant desires
to be heard.
5. The ~a+ signature of all appellants and their official- mailing
addresses.
6. An application fee as determined in the fee schedule. If
appellant is successful, the fee will be refunded.
Chapter 5. Chapter 5 is amended to read in its entirety:
501.1 As an alternative code enforcement remedy, the Municipal Code
Enforcement Board is hereby authorized to conduct hearinqs relating
to violations of the Standard Unsafe Buildinq Abatement Code. In
any case in which the Board finds that a violation has occurred. the
Board may order corrective action to be taken by a date certain,
which corrective action may include the repair. improvement,
vacation, or demo'lition of the buildinq or structure. and mal{
otherwise carry out its powers pursuant to Division 9 of Article III
of Chapter 2 of the Code of Ordinances relatinq to any such
violations.
~ccti0a-901.4.2. Section SGl.Q.2 is amended to read in its cntirctYl
501.2 ~Ql.1.~ The hearing notice shall be served personally or
mailed as required by section 302.1.3 of this Standard Unsafe
Bui lding Abatement Code 'at least seven -ten calendar days prior to
the ,hearing date.
.'
4
.... <,' "
~cction 605. Secti9~Q5 is amefldca to read in its entirety:
502 505. Judicial review. The decision of the building/flood board
of adjustment and appeals shall be subject to judicial review in the
circuit court by common law certiorari.
,
(2) Those provisions of the Standard Unsafe Building Abatement Code not
express ly amended by th is sect i on 47.161 sha 11 cant inue in fu 11 force and effect.
Section 2. ,This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Approved as to Form and Correctness:
Cynthia E. Goudeau
City Clerk
M.A. Galbraith, Jr.
City Attorney
'.
5
. ',J ,
',','",,',;
.,;.
OCT-20-'93 WED 16:59 ID:ART DEEGAN
TEL NO:8:3-462-6037
tf204 POl
memorandum
,.
~ .....,
~ ."
October 20, 1993
Mayor, Commissioners
M. A. Galbraith, Jr., City Attorney
Michael Wright, City Manager ",,<
FRaVI: Art Daega 0 issio ner . .' ,
SUBJECT: Ordinanc 5486-~3, Oct. 21, 1993 '< .
--.------------~--- ~~--~-~-------------~-_.._-------_..-
In connection with the above referenced Agenda Item for Oct. 21, I would ask that you consider
how the proposed ordinance can help deal with what I call the Ice House problem.
DATE:
TO:
COPIES:
, .
. .~..,." :\~: 'f :;\~
; , "/ ,.
',. I :~., '\
The burned out Ice House on Drew Street has been cited by our Building Department and has been
put on notice by DCAB to bring the building into safe condition.
I now learn that the current owners, reportedly artists, have Indicated that they have engaged an
Engineering firm to "study the problem" and that that will take six months. Then they will.
engage a contractor to do some construction, and that is expected to take 2 years,
I sLlbmlt something Is wrong with our system somewhere when a condition such as has existed at
the Ice House for over two years now can go on for another 2-1/2 years.
How about some "reasonable time" for things to be corrected, since we have to provide our
services In "reasonable times"?
~t;''; CJ ~.!
" ..-' '." I'
:,:";'..(
Clearwater City Commission
Agenda Cover Memorandum
Item #
~ ~.Meeting Da~~/ -< I {'13
I
i
I
.1
,
"
I
I
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1 728
Manor Avenue; Owner: Steven F. and Patty A. Johnson; 0.22 acres m.o.1.
(A 93-24 & LUP 93-33)
RECOMMENDA TION/MOTION:
Receive the Petition for Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas
Amendment to Single-Family Residential "Eight" (RS-B) for the South 30 feet of Lot 28 and the North
45 feet of Lot 29, Clearwater Manor, and refer the request to the City Clerk to be advertised for public
hearing.
[] and that th~ appropriate officials be authorized to execute same.
'I
I
BACKGROUND:
The subject property is located between Belcher Road and West Manor Drive approximately 2230 feet
south of Sunset Point Road across from the City's fire station. The applicants wish to annex to obtain
sewer service. The Countywide Future Land Use Plan Category for this parcel was changed to
Residential Urban (7.5 u.p.a. max.) as part of the Consistency Program. The lots in Clearwater Manor
that are already in the City have a zoning of Single-Family Residential "Eight". It is proposed to assign
the same zoning to the applicants' property.
Pertinent information concerning the request is summarized in the tables on page 2.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
~lj(./
N/A
Originating Dept:
CENTRAL PERMITTING
....
Costl:
$ NIA
Total
Commislion Action:
o Approved
o Approved wtconditions
o Denied
. 0 Continued to:
$
Current Fiscal Yr.
User Dept:
Sub
Advertised:
Date:
'Paper:
mI Not Requ ired
Affected Parties
o Notified
mI Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
PET IT ION
MAP
o None
Appropriation Code:
^
,.4F Printed on recycled paper
, '~.
-::::!
':
A 93-24 & LUP 93-33
Page 2
LOCATION
IN CITY
OR
COUNTY
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
FUTURE LAND USE
PLAN CATEGORY
ZONING
ACTUAL USE
Subject
Property
North
So uth
County
Residential Urban
R-3
Single family residential
i
i
. i
I
East
West
City
City
City
City
Residential Urban
Residential Urban
RS-B
RS-8
Single family residential
Single family residential
Single family residential
City's fire station
i
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Residential Urban RS-8
Institutional P /SP
ZONING RESTRICTIONS
DESCRIPTION
RS-6
REQUIREMENTS
RS~B
. REQUIREMENT
EXISTING
Density
Lot Area
Lot Width at
setback line
5.5 u.p.a. max.
7,000 sq. ft. min.
70 ft. min.
. .. .
,. ,
, . ,
. .7.5lLp.a. max.
. ,
5',OQO sq. ft. min.
.50 ft. min.
4.47 u.p.a.
9,750 sq. ft.
75 ft.
Depth, double
frontage lot
115 ft. min.
110ft. min.
1 30 ft.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
Abbreviations:
P/SP
R-3
RS-6
RS-8
Public/Semi-Public (City)
Single Family Residential (County)
Single-Family Residential "Six" (City)
Single-Family Residential "Eight" (City)
.' _. ~. t;".
PETITION FOR ANNEXATION
city commission
City of Clearwater
P.O. Box 4748
Clearwater, Florida
I
,}
!
. j
'i
<'.I
Commissioners:
We, the undersigned, being all owners of the described real
property, contiguous to the present boundaries of the city of Clearwater,
and situated in an unincorporated area of pine lIas County, Florida, do
hereby request that said property be annexed into the corporate limits of
the city of Clearwater, Florida.
We hereby further request that said property be zoned and classified
under the Zoning Ordinance of the city of Clearwater, as set forth on the
following page.
Attached hereto is a current survey of the described property, (if
it is unplatted), together with a cf'!rtificate of title from a title
company, a copy of the deed or a letter from a licensed attorney setting
forth the names of all persons, firms or corporations owning any interest
in the described property.
I The undersigned have been advised of, understand and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
1. all structures and improvements which are erected upon said
property subsequent to the date of this petition for annexation
shall comply with all applicable city of Clearwater regulations
and ordinances as set forth in the city Code of Ordinances;
2. to convey such recreation land, recreation facilities and open
space land dedication and/or fees in the amount and manner
prescribed by Division 2 and 3, Chapter 116, Article IV of the
Clearwater Code of Ordinances; and ~
SUbs.Rribed and sworn to before me this \30 day of
19 9 ~17
~A~)/1-
3. when any substandard abutting street or utilities are
subsequently upgraded by the city to meet city Standards, said
improvement will be done on an assessment ,basis, consistent
with city procedures therefore.
We, the undersigned hereby certify that we have read and examined
all of the statements and allegations in the foregoing Petition including
attachments and after being duly sworn, deposed and say that such
statements are correct, complete and true and voluntarily made with full
knowledge thereof.
STATE OF FLORIDA
COUNTY OF PINELLAS
)
')
J~9~
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My Commission Expires:
'V1r'/~&.~~
ary ,
tKHARY PUBLIC STATF fj= FLORID"
"'.1 CO}1'IISSIOH EXP. NOV.29.1993
a~~llIlEO THRlI GENERAL INS. UIlO.
0 69
z
:s 1785
<.:> 68 102
-<
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5. 67 103
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CITY OWNED PROPERTY
FIRE STATION #' 4~
Lo c;,.A
STREET
-
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5 7 ~ 56 ~ 55 ~j
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------.~. --- -----,"----- -.- .-'-- -- ._----
0 MANOR BLVD N
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COUNTY IlG .l 'J 1767
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24: 1745 'll
PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
OWNER
APPLICANT
~OHNSON)
.r\.r.
. LAND USE PLAN
FROM
UtJCLA5S' (FlED
TO
RE"5\DENT\A<- UR6~N
PLAHNING and ZONING BOARD
S F,~ P I~
A q 3-24
Lup'Q3- 33>
ZONING
PROPERTY DESCRIPTION
P A Rl" L.oTS 26 ~ '2.. g
CL~A(<...W~\E~ MANOR..
COUNTY
R-~
0,'2.'4. ACRES
RIGHT OF ~AY
RS B
ACRES
CITY COMMISSION
SECTION 06
. Single Family
TOWNSHIP 2..q S RANGE \6 E
.
B:::. 6VS-\~ESS
ATLAS PAGE 1..6'3 A
l:.~"2:.b
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Clearwater City Commission
Agenda Cover Memorandum
51/.
Item #
Meeting Date:
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 3030
Tanglewood Drive; Owner: Donald C. and Barbara A. Looney; 1 .02 acres m.o.1.
(A 93-25 & LUP 93-34)
RECOMM EN DA TION/MOTI ON:
Receive the Petition for Annexation, Land Use Plan Amendment to Residential Estate, and Zoning Atlas
Amendment to Single-Family Residential "Two" (RS-2) for Part of Lot 2, Tanglewood Estates and the
adjacent 0.66 acre to the north, and refer the request to the City Clerk to be advertised for public
hearing.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located on the north side of Tanglewood Drive between Landmark Drive and
McMullen-Booth Road approximately 1,300 feet south of Curlew Road. The applicants wish to annex
to obtain sewer service. The Countywide Future Land Use Plan Category for this parcel is Residential
Estate (1.0 u.p.a. max.). It is proposed to assign the same City Future Land Use Category to the
applicants' property, Residential Estate. The adjacent property in the City has a zoning of Single-Family
Residential "Two ", including all lots in this subdivision which are in the City. It is proposed to assign
the same zoning to the applicants' property. Ultimately, however, this property will be placed in one of
the proposed Residential Planned Development zoning districts to be developed as part of the Pinellas
Planning Council Consistency Program.
Pertinent information concerning the request is summarized in the tables on page 2.
Rlviewld by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N!.&
r0
N/A
Originating Dept:
CENTRAL PERMITTING
S
Costs:
$ N/A
Total
Commission Action:
D Approved
D Approved w/conditions
D Deni ed
D Continued to:
User Dept:
$
Current Fiscal Yr.
Advertisod:
Date:
o Paper:
.' IllI Not Requi red
Affected Parties
D Notified
IllI Not Requi red
Funding Source:
D Capital Imp.
D Operating
D Other
Attachments:
PETITION
MAP
D None
Appropriation Code:
.nr.
,.tr Printed on recycled paper
LOCATION
Subject
Property
North
South
East
West
DESCRIPTION
Density
Lot Area
Lot Width at
setback line
Depth
:,
A 93-25 & LUP 93-34
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
County Residential Estate E-1 Single family residential
City Residential Estate RS-2 Single family residential
County Residential Estate E-1 Single family residential
County Residential Estate E-1 Single family residential
City Residential Estate RS-2 Single family residential
I
1
I
I
i
I
I
I
I
I
i
I
I
I
I
I
I
ZONING RESTRICTIONS
'. ,c' ,": . R'S..2,: ,
. ....
, . ,
., . .
" . . '.
'R'EQUIREMENTS
RS-4
REQUIREMENTS
EXISTING
. .... .
.... ... ....
. , . ?O,lJ.p.a.max.
3.75 u.p.a. max.
10,000 sq. ft. min.
80 ft. min.
less than 1 u.p.a.
approx. 44,365 ft.
181.55 ft.
. . ..
-". ." .",
, . ,
::.:20~O(j()s.q~f1:. min.
, .,
. ."'.
.100 ft. min',
. .....
. . . .
. tQ6,ft~f11ln..
90 ft. min.
203.82 ft.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
Abbreviations:
E-1
RS-2
RS-4
u.p.a.
Estate Residential (County)
Single-Family Residential "Two" (City)
Single-Family Residential "Four" (City)
Residential units per acre
I
i
I
, ~
PETITION FOR ANNEXATION
City commission
city of Cleurwntcr
P.O. Box 47110
Clearwater, Florida
commissioners:
We, the undersigned, being nll owners of the described real
property, contiguous to ~he present boundaries of the city of Clearwater,
and situated in un unillcorporated nrea of Pincllas County, Floridn, do
hereby request-that said property be annexed into the corporate limits of
the city of Clearwater, Florida.
We hereby further r8quest that said property be zoned and classified
under the Zoning Ordinnl1ca of the city of Clear'Water, as set forth on the
following page.
Ilttuched horeto is Q current survE'y of the described property, (if
it is 1111platted), toget11cr witll a certificate of title from a title
company, a copy of the deed or a letter from a licensed attorney setting
forth the r.amcs of c9.ll persons, firms or corporations owning any interest
in the described proporty.
1. all str.uctures and improvement.s which are erected upon '::ilid
property subsequent to the date of this petition for annexation
shall comply with all applicable City of Clearwater regulations
and ordinances as set forth in the City Code of Ordinances;
rrhe undersigned have been advised of, understand and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
2.
to convoy such recreation land, recreation facilities and open
space Innd dedication and/or fees in the amount and manner
proscribed by oivicion 2 and 3, Chapter 116, Article IV of the
Clearwater Code of Ordinances; and
, '
J. when any substandard abutting street or utilities are
subsequently upgraded by the city to meet city standards, said
imp=ove~ent will be done on an assessrnentbasis, co~sistent
with city procedures therefore.
.,,'\. ,,-
ivc, the undersigned hereby certify that we have read and examined
all of the statement.s and allegations in the foregoing Petition including
attachments and aite:::- being duly svlorn, deposed and say that such
statements are co~rect, complete and true and VOluntarily made with full
knowledge thereof.
STATE OF fLOnID^ )
COUNTY O? PINELLAS )
1
.)~h./r /la(16
Subscribed and sworn to before me this ~~ day of
J.99~.
~('NO~~Q^
.
My CommiGsion Expires:
",I "'/ r"'l' 't.... ...., 1'~ ...r rtf't! ~,
M.', ....'...~,. ~.,' Hl'" ',1",.1. ~'1'.1
H ~., .'~' r'r l \ ':1 1111. .\.. .".1
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OWNER
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PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
A Q3-2.S-
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LUP' '13 - '3 L{
LOOtvEY\ D
FROM
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PROPERTY DESCRIPTION
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LAND USE PLAN
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RIGHT OF WAY
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PLANNING nnd ZONING BOARD
CITY COMMISSION
SECTION
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TOWNSHIP 2 B S
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RANOE 16 E
ATLAS PAGE l7C( A
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
(A 93-23 & LUP 93-32)
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SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1409 Regal
Road; Owner: Henry Jo Frazier and James H. Posey; 0.19 acres m.o.1.
RECOMMENDA TION/MOTION:
Receive the Petition for Annexation, land Use Plan Amendment to Residential Low, and Zoning Atlas
Amendment to Single-Family Residential "Eight" (RS-8) for lot 22, Solar Crest, and refer the request to
the City Clerk to be advertised for public hearing.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located on the south side of Regal Road approximately 1100 feet west of
Highland Avenue and 730 feet north of Belleair Road. The applicant wishes to annex to obtain sewer
service. The Countywide Future land Use Plan Category for this parcel is Residential Low (5.0 u.p.a.
max). It is proposed to assign the same City Future land Use Category to the applicant's property. The
lots in Solar Crest that are already in the City and the subdivision to the south (Brookhill Terrace) are
zoned Single-Family Residential "Eight". It is proposed to assign the same zoning to the applicant's
property. Ultimately, however, this property will be placed in one of the proposed Residential Planned
Development zoning districts to be developed as part of the Pinellas Planning Council Consistency
Program.
Pertinent information concerning the request is summarized in the tables on page 2.
Reviewed by:
Lega l
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
~11-
N/A
Originating Dept:
CENT~~ITTING
COltl:
$ NIA
Total
Commi..ion Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Uler Dept:
$
CUrrent Fiscal Yr.
r"G;Y
Advertised:
Date:
Paper:
~ Not Requi red
Affected Partiel
o Noti fi ed
~ Not Requi red
Funding Source:
o Capi tal Imp.
o Operating
o Other
Attachments:
PETITION
MAP
o None
Appropriation Code:
^
,.tr Printed on recycled paper
A 93-23 & LUP 93-32
Page 2
LOCATION
IN CITY
OR
COUNTY
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
FUTURE LAND USE
PLAN CATEGORY
ZONING ACTUAL USE
Subject
Property
North
South
East
West
County
Residential Low
R-3 Single family residential
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County
City
County
County
Residential Low
Institutional
Residential Low
Residential Low
R-3 Single family residential
RS-8
R-3
R-3
Single family residential
Single family residential
Single family residential
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ZONING RESTRICTIONS
DESCRIPTION
RS-6
REQUIREMENTS
RS-8
. REQUIREMENT
EXISTING
Density
Lot Area
Lot Width at
setback line
5.5 u.p.a. max.
7,000 sq. ft. min.
70 ft. min.
7~.5:u.p.a~..rnax.
5,000 sq~ft.<min. .
. ,
50ft. min.
5.19 u.p.a.
8,160 sq. ft.
80 ft.
Depth
85 ft. min.
80 ft. min.
102 ft.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
"
Abbreviations:
R-3
RS-6
RS-8
u.p.a.
Single Family Residential (County)
Single-Family Residential "Six"
Single Family Residential "Eight"
Residential units per acre
PETITtON FOR ANNEXATION
"
/
City commission
city of Clearwater
P.O. Box 4748
Clearwater, Florida
commissioners:
.....~
We, the undorsigned, being all owners of the described real
property, contiguous to the present boundaries of the city of Clearwater,
and situated in an unincorporated area of pinellas County, Florida, do
hereby request that said property be annexed into the corporate limits of
the City of Clearwater, Florida.
We hereby further request that said property be zoned and classified
under the zoning Ordinance of the city of Clearwater, as set forth on the
following page.
Attached hereto is a current survey of the described property, (if
it is unplatted), together with a certificate of title from a title
company, a copy of the deed or a letter from a licensed attorney setting
forth the names of all persons, firms or corporations owning any interest
in the described property.
I The undersigned have been advised of, understand and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
1. all structures and improvements which are erecte~ upon said
property subsequent to the date of this petition for annexation
shall comply with all applicable city of Clearwater re~ulations
and ordinances as set forth in the city Code of Ordinances;
2. to convey such recreation land, recreation facilities and open
space land dedication and/or fees in the amount and manner
prescribed by Division 2 and 3, Chapter 116, Article IV of the
Clearwater Code of ordinances; and ~
3. when any substandard abutting street or utilities are
subsequently upgraded by the city to meet city standards, said
improvement will be done on an assessment ,basis, consistent
with city procedures therefore.
We, the undersigned hereby certify that we have read and examined
all of the statements and allegations in the foregoing Petition including
attachments and after being duly sworn, deposed and say that such
statements are correct, complete and true and voluntarily made with full
knowledge thereof.
STATE OF FLORIDA
COUNTY OF PINELLAS
~i.R.~.Jb ;:b~-,,", "
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Subscribed and sworn to before me this
1991-.
J 9 day of 1'L.^1~
My Commission Expires:
~LAAJ-'\Lt;~ e c~J ~~ L-
Notary I~
LAWRENCE E WOODARD JR
...",,~y Plitt. OFFICIAL NOTMY SEAL
o ..." LAWnEllCt e wOO/)"nD JfI
~ W11k\li' ~ COWWIS,ION NUMBER
1;1 ~~Jl1Jil"'~' 0( CC200604
'~ <<".1 # MY COMMISSION !lCP,
OF f\,O MAY 17 190G
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OWNER
APPLICANT
PROPOSED ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
A ({3 -2.3
LUP' <13 - 3 'Z-
Fr<..A"1-lE:.'P. ! POSEY
PROPERTY DESCRIPTION
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ATLAS PAGE
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Clearwater City Commission
Agenda Cover Memorandum
Meeting Date: __
lo/~'/~
SUBJECT:
FUNDING FOR ERVIN'S ALL AMERICAN YOUTH CLUB
,!
,
RECOMMENDATION/MOTION:
~ and that the appropriate officials be authorized to execute same.
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Consider the request for a special operational grant of $10,000 by Ervin's All
American Youth Club to continue the activities of the club,
BACKGROUND:
The attached request for funding has been received from Ervin and Aseelah
Harris for the continuation of the programs provided to the community by
Ervin's All American Youth Club. The total expected shortfall for the year is
approximately $47,000, and the requested $10,000 is needed immediately to
continue the programs.
As requested, program descriptions and financial information have been
submitted to the City.
Attached is the operational support agreement approved by the Commission in
September, 1992. The approval of the requested $10,000 operational grant will
be considered an amendment of this contract.
Staff continues to work with the Club to ensure that the terms of the agreement
are met.
Funding for this grant would be provided by a First Quarter Budget Amendment
appropriating the monies from the General Fund Unreserved, Undesignated Fund
Balance.
Reviewed by: Originating Dcpt: Costs: $ 10.000 Commission Action:
Legal City Manager Total 0 Approved I
Budget 0 Approved w/conditions
Purchasing N/A $ i
Risk Mgmt. ~ User Dcpt: Current Fiscal Yr. 0 Denied I
CIS N/A 0 ,j
ACM 4;b Funding Source: Continued to: I
Other 0 Capital Imp. 'I
Advertised: ~ Operating Attachments: I
Date: 0 Other
Paper: I
0 Not Requl red
Affected Parti~ Memorandum from Youth Club I
0 Notified Appropriation Code: Program Descriptions
010-09100-58100-511-000 ' I
0 Not Required I
Operational Support Agreement I
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P.O. Box 615 · ClealWster, F'L 34617
1250 Holt Ave.. Cloarwater, FL34615' (813) 443..2061 Fax 449.2582
ERVIN HARRIS, President/CEO & Founder
J;.. ~, Cl
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TO:
Betty Dettula, Assistant City Manage~
FROM~
DATE 1
Ase~18n Harris. Assistant gxeoutive Director
~
October a, 1993
SUBJECTs Request Fo~ Operating Funds
Per our phone conversation Wednesd~y, 10-6-93. I am
requesting f~nds in the amount of $10,000.00 to
cover operating eKpenses for Ervin's All American
Youtn Club, Inc.
As of 10-1-93. our new fiscal year began and we need
at lea~t $10.000.00 to cove~ our operating expenses
to sta~t ou~ fisoal year.
If you have any questions regarding this request
pl~ase contact me at 443-2061 or 584-2944.
Thank You:
"KEEPING OUA YOUTH'S FEET OFF THE STREET"
.
OCT-1S-93 MON 13:21
. "
ERVIN.S ALL AMERICAN YOUTH CLUB, INC.
COMMUNITY SERVICE CENTER
1250 HOLT AVENUE
CLEARWATER. FLORIDA 34616
(818) 443-2061
HEMORANDUH
TO:
Betty Deptula. City Manager
w:v
FROM:
DATJt:
Aseelah Harris, Executive Director
October 18. 1993
SUBJECT: Other Additional Information You Requested
-
Beginning October 1992 to Present we provided Community
Services to approximately 10,777 Adults and Youths in these
a.reas.
1. After School Program: Which consist of study Hall and
Tutorinr. Cultural Enrichment Aotivities. Motivational
and Enrichment Aotivities. Food and Nutrition. Counseling
for Youth and Parents, ReoreatiQnal Activities. etc.
2. Food Distribution Center
3. Employment Counseling and Referrals
4. Summer Programs
(
We provide services based on the communities needs. We
consider Ervin's All American Youth Club as being family.
oriented and being in the community to meet the needs of any
individual service that is needed.
Thank You
P.02
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HISTORY
Ervin1a All American Youth Club, Inc. (EAAYC) is a
community based p~ogram established by Executive
Direotor Ervin A. Harris when he and his wife ASGslah
began a bo:]cing club in their backyard. EAAYC was
officially incorporated in 1981. The club was popular
with the youth, grew quickly and gained community
support. Today the focus of EAAYC is to provide year
round educational and cultural activities, stressing
leadership traininq and entrepreneurial development to
youth in the North Greenwood cOlmnunity of Clearwater
Florida. The youth residing in this area &re
overrepresented in juvenile arrest statistics with the
dropout rate of 43% exceeding the rate for pinellas
County PUblic Schools.
~[ISSION
OQr youth need to know that they have the right and
responsibility to exist as a people and make their own
contributions to the forward flow of human history,
whioh can be done by learning personal and community
leadership skills. ~he children need to learn how to
build their own businesses, control the economics of
their community, and share in all its work and wea~th.
p.e3
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OCT-18-93 MON 15:20
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Name \\ Fax# D
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Phone: <813' 443-2061 ,
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OCT-18-1993 14: 30 FRa'1 ~ I ~ & rEVELCA"'ENT
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6720 P.02
PAGE 1
ERVIN'S ALL AMERICAN YOUTH CLUB, INC.
CDBG REQUEST
~~ PURPOSE AND DESCRIPTION
,
IT CONTINUES TO BE A DOCUMENTED FACT BY NEWS ACCOUNTS,
CLEARWA'l'ER POLICE DEPARTMENT REPORTS, AND COMMUNITY
DEVELOPMENT BUD PROFILES OF THE TARGET AREAS THAT SUBSTANCE
ABUSE, LACK OF DISCIPLINE AND RESPECT BY YOUTH, YOUTH
VIOLENCE AND C~IMINAL ACTIVITY, SOCIO-ECONOMIC DEFICIENCIES
IN EDUCATION IS RAMPANT AMONG THE LOW AND MODERATE INCOME
FAMILIES IN THE AREA AND ESPECIALLY WHERE THERE EXISTS THE
OFTEN SINGLE PARENT HOME.
THB EFFORTS OF ERVIN'S ALL AMERICAN YOUTH CLUB IS DEVELOPING
GREAT SUCCESS IN DEALING WITH THE YOUTH I~ THE NORTH
GREENWOOD COMMUNITY AS APPARENT BY THE CO~TINUEO DECREASE IN
YOUTH GANGS JUST BANGI~G OUT ON THE STREETS ESPECIALLY
YOUTH IN '1'HE 5-14 YEAR AGE GROUP, WHICH IS THE MAIN AGE GROUP
OUR OltGANIZATION FOCUS ON IN AN ATTEMPT TO TEACH THEM GOOD
MORAL CONDUCT, SUCH AS SELF RESPECT, DISCIPLINE, POSITIVE
S,ELF ESTEEM, COMMUNITY INVOLVEMENT t AND HOW TO DEAL WITH
NEGATIVE PEER PRESSURE.
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OCT-18-1993 14:31 FR01 ~It-l'J 8. I:l8.ELCFMENT
TO
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PAGE 3
ERVIN~S ALL AMERICAN YOUTH CLUB, INC.
6720 P.04.
cnSG REQUEST
PROJECT COS~ ~ F.UNDING:
93/94 BUDGET REQUES~ FOR C.D.B.G. FUNDS
BASB F-tmDmG ~
20% OF DIRECTOR'S SALARY
50% OF ASSISTANT DIRECTOR'S SALARY
70% OF (2) AIDES SALARY
$ 6,500
$11,500
$15,000
$32,500
~ SALARIES REQUESTED ABO.w JmFLEC!1'.S BALANCE NEEDED ~
OPERATE . ~ O'rBER PERCEN!.I'AGE ~ PAID n JliB.
lmR ~ EXPANDED REQUEST
SECRETARY/RECEPTIONIST (PART TIME)
FRINGB BENEFITS 20%
$ 7,000
$ 1,400
$ 8,400
S40,90Q
TOTAL SALARIES REQUESTED
TO!lAL CDBG FUNDS REOUES~D
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OCT-18-1993 14: 31 FRCM ~1N3 8. DEUELCPI"B-IT
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6720 P.03
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PAGE 2
ERVIN'S ALL AMERICAN YOUTH CLUB, INC.
COSG REQUEST
NUMBER OF Ca~LDREN m im. SERVED: 200 WITH 90t FltOM LOW TO
MODERATE INCOME FAMLLIES.
~UNBER .QE aJ;tllL!r..S ~ ~ SERVED: 60 WITH 9()% FROM LON '1'0
MODERATE INCOME BOVSEBOLDS.
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OCT-18-1993 14: 31 FR01 Ft.-A-NING 8. D8.8...CAv1ENT
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BRVIN'S ALL AMERICAN YOUTH CLUB I INC.
CDSG REQUEST
ijUDfiBT EJ[PLANAT:t.Qlil
WE ARB BADLY IN NEED OF ~BE S40,90Q THAT WE ARE REQUESTING.
FOR THE PAST TWO YEARS WE HAVE REQUESTED THE ABOVE $40,900
WHICR REFLECTS OUR BARE BONE BUDGET.. IN ORDER THAT WE MAY
.CONTINUE TO SERVE THE CI~Y OF CLBARWA~ER NORTH GREENWOOD
COMMUNITY AS EFFICIENT AS FOR HAVE fOR THE PAST FIVE YEARS IT
IS CRUCIAL THAT WE BE FUNDED AT THE LEVEL WE HAVE REQUESTED.
THESE FUNDS WOU~D ALSO ENABLE US TO CONTINUE TO OPERATE OUR
AFRICAN CENTRIC EDUCATIONAL SUMMER CAMP, WHICH WAS VISITED BY
TBE GOVERNOR'S ASST. LAST SUMMER AND HAS BEEN CHOSBN AS A
PROGRAM TO BE REPLICATED THROUGH OUT THB STATE OF FLORIDA.
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ERVIN'S ALL AMERICAN YOUTH CLUB, INC.
COMMUNITY SERVICE CENTER
1250 HOLT AVENUE
CLEARWATER, FLORIDA 34615
Phone: (813) 443-2061
Fax: (813) 449-CLUB
MEMORANDUM
"
TO: Betty Diptula, Asst. City Manager
FROM: Aseelah Harris, Executive Director
DATE: 10/15/93
SUBJECT: Info you requested to substantiate our request for
operating funds to begin our fiscal year.
Please see attached a copy of financial statements from July
1992 thru August 1993. For the last three years we have
requested CDBG funds to meet the bare minimum of our annual
budget. To this date we have never been recommended by the
CnBG Advisory Committee for even half of what we requested.
Our organization would like to formally large a complaint
against that committee, because it reflects sad and poor
representation when you consider that these people who are
making these decision have never accepted an invitation to
visit our organization so that they can see our program at
work.
Our organization presently is required by the Community
Development Department to submit backup (time sheets,
invoices and copies of checks) for each request pertaining to
reimbursement before we receive any funds.
If there are any other questions in reference to our finances
we would like to suggest that the City Commission and our
board of Directors including the CPA firm (Cronin, Jackson,
Nixon and Wilson) that represents our organization Schedule a
meeting so everyone concerned can feel at ease going into
the New Year. We would like to also suggest that all other
organization receiving City and CDBG Funds be held to the
same scrutiny.
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Let us not get lost in personalities, but let us all stay
focused on the needs we strive to meet for the City of
Clearwater in general and the North Greenwood community in
Particular.
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ALL-A!\1ERICAN YOUTH CLUB OPERATIONAL SUPPORT
AGREEl\1ENT
~
This Operational Support Agreement is made and entered into this JS day of
.:::::: ~ between the City of Clearwater, hereinafter referred to as the City, and
Erv~ s All American Youth Club, Inc., a Florida non-profit corporation, hereinafter referred
to as the Club.
WIIEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational and social skills and good habits in
young people; and
VVHEREAS, the City desires to help young people to build social skills by providing an
operating location and certain operational support; and
VVIIEREAS, the City owns the Holl Avenue Youth Center Building, hereinafter referred to as
the Yourh Celllcr, located at 1250 Holt Avenue; and
WHEREAS, the Club has established programs that provide educational, motivational and
cultural activities for youth in the North Greenwood area ~f the City of Clearwater;
NOW, TIIEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of 3 years commencing on the 1st
day of September, 1992 and continuing through the 31 st day of August, 1995, (the
Termination Dale), unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES Al\1J) RIGIITS OF TIlE CLUB
1. Services to be Provided. The Club shall provide the following services:
a. Youth Programs. Conduct educational, cultural and motivational programs at
the Youth Center for the benefit of neighborhood and Clearwater area youth.
b. Assistance to City. Provide Club personnel and volunteers to operate and
supervise activities and special programs at the Youth Center.
c. Supervision of Recreation Grounds. Supply the necessary leadership and
supervision for the conduct of Club activities on the recreation grounds adjacent
to the Youth Center.
d. Controlled Use of EquipOlent and Supplies. Insure the proper use of supplies
and equipment at the Youth Center through appropriate management and
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supervISion.
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e. Establish Scheduled Hours of Opcration. Open and operate the Youth Center
for the public on days and at hours similar to other City recreation facilities.
2. Use of Youth Club Prclnises.
a. No Illegal Use. The Club promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Club
understands and agrees that this provision specifically prohibits, among other acts,
the sale, 'consumption or use of alcoholic beverages or controlled substances any
where in, on or around the Youth Center and those adjacent areas used by the
Club.
b. Rules for Use. Rules and regulations governing the use of the Center may be
established by the Club, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City or of this agreement. Such
rules and regulations developed by the Club may provide for and allow reasonable
user fees.
c. Inspection by City. The Club understands and agrees that the Youth Center
premises may be entered and inspected at any time by the City's officers, agents
and employees.
d. Gcneral Adherence to City Ordinances. Notwithstanding any limitations
implied by the provisions above, the Club promises to observe all City
ordinances.
3. Maintenance of the Premises by the Club.
a. Custodial Maintenance. The Club shall maintain the Youth Center and
adjacent areas used by the Club in a clean and orderly condition using custodial
supplies furnished by the City's Recreation Facilities Division.
b. Repair of Damage. The Club understands and agrees that it is responsible for
and will cause to be repaired at its own expense damage to the premises other
than vandalism or normal wear and tear.
..
4. Area to be Served. Services rendered through this agreement shall be provided within
the corporate limits of the City of Clearwater as it now exists and as its boundaries may
be changed during the term of this agreement.
5. Reports of Agency Activities. The Club shall furnish the City Department of
Administrative Services, Grants Coordinator, with an audited report of activities
conducted under the provisions of this agreement, covering the previous operating year.
Such report shall be due by November I each year. Each report is to set forth the total
income received, the total cxpcnses'incurred, the number of Clearwater residents served,
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and commentary on the viability, effectiveness, and trends affecting the All-American
Club program. A separate copy of the report shall be made available to the Parks and
Recreation Department designated coordinator.
6. !\'lonthly Attendance Repol1. The Club shall report daily attendance figures in ..
separate monthly report to the Parks and Recreation Department.
7. Use and Disposition of Funds Received. Any Funds received by the Club from thL'
City shall be used to pay for operational expenses attendant to the operation of the Youth
Cen ter.
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8. Telephone Charges. The Club shall pay for all telephone costs associated with the
operation of the Youth Center.
10. Creation, Use and !\1aintenance of Financial Records.
9. PUYInent of Fees and Taxes. The Club shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Club's operation at the Youth
Cen ter .
a. Creation of Records. The Club shall create, maintain and make accessible to
authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the
financial activities of the Agency. Such records shall be available and accessible
at all times for inspection, review or audit by authorized City personnel.
b. Use of Records. The Club shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the
proper and prudent stewardship and use of the monies, supplies and equipment
received through this agreement.
c. Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the termination of this
agreement.
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11. Non-discrimination. Notwithstanding any other provision of this agreement, during
, the term of this agreement, the Club for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
',1
a. No Exclusion from Use. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination in the operation
of this program on the grounds of race, color, religion, sex, handicap, age or
national origin.
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b. No Exclusion from lIir'c. In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject
to discrimination on the grounds of, or otherwise be subjected to discrimination
on the grounds of race, color, religion, sex, handicap, age, or national origin.
c. Inclusion in Subcontracts. The Club agrees to include the requirement to
adhere to Tille VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
d. BI'cach of Nondiscrinlination Covenants. In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the city shall have
the right to terminate this Agreement.
12. Liability and Indcnlnificntion. The Club shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City I its
officers, agents, and employees from and against any and all claims of loss, liability and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property,
except claims arising from the negligence or willful misconduct of the City or City's
agents or employees. This includes, but is not limited to, matters arising out of or
claimed to have been caused by or in any manner related to the Agency's activities or
those of any approved or unapproved invitee, contractor, subcontractor, or other person
approved, authorized, or permitted by the Agency in or about its group dining locations
whether or not based on negligence.
13. Insurance. The Club shall procure and maintain during the term of this Agreement
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with this Agreement.
a. Minimum Scope of Insu ranee. A Comprehensive General Liability policy
covering the Youth Center premises used by the Club and all activities occurring
hereon shall be obtained and maintained in force by the Club.
b. 1\1inimum Limits of Insurance. Insurance procured in accordance v.'ith this
section shall have minimum coverage limits of $ 500,000 for all occurrences and
activities on premises.
c. Additional Nanlcd Insured. Each insurance policy issued as a requirement of
this agreement shall name the City of Clearwater, City, as additional named
insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Ci ty, its officials, employees, agents or volunteers.
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d. Verification of Coverage. The Club shall furnish the City with the Certificate
of Insurance with all endorsements affecting coverage required by this section.
These forms shall be received and approved by the City's Risk Manager before
execution of this Agreement by authorized City officials.
14. Coordination of Activities with City. The Club agrees to meet as needed with the
designated Parks and Recreation coordinator to coordinate schedules, discuss maintenance
and care of the equipment and premises, procuring and purchasing supplies and,
generally, any matters subject to the terms of this Agreement.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Provision of Funds. The City agrees to provide funds to purchase operational supplies
for the Club up to the amount approved in the City's annual operational budget for the
Youth Center activities.
2. Pa:yment of Utilities Char.ges. The City shall be billed for and shall pay for all water
and electric utility charges for the Youth Center.
3. Maintenance of Premises. Maintenance of the Youth Center buildings and grounds
for normal wear and tear shall be a responsibility of the City.
ARTICLE IV. ASSIGNMENT OF AGREEMENT
This agreement, or any part thereof or interest therein may not be assigned or transferred
by the Club to anyone without the express prior approval and consent of the City.
ARTICLE V. DISCLAIl\1ER OF "VARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and
may not be changed, modified or discharged except by written Amendment duly executed
by both parties. No representations or warranties by either party shall be binding unless
expressed herein or in a duly executed Amendment hereof.
ARTICLE VI. TERMINATION
1. For Cause. Failure to adhere to any of the provisions of this agreement in material
respect shall constitute cause for termination. This agreement may be terminated with 30
day notice.
2. Disposition of Fund l\10nics. In the event of termination for any reason, any monies
made available to the Agency but not expended in accordance with this agreement shall
be returned to the City.
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ARTICLE VII. RADON GAS ADVISORY
As required by Section 404.056(8), Florida Statutes, the Club shall take note of the
following:
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RADON GAS: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may
. be obtained from your county health unit.
ARTICLE VIII. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall
be conclusively deemed to have been received by a party hereto on the date it is hand-
delivered to such party at the address indicated below (or at such other address as such
party shall specify to the other party in writing), or if sent by registered or certified mail
(postage prepaid), on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
1. If to Club addressed to:
Executive Director
Ervin's All American Youth Club
1250 Holt A venue
Clearwater, FL 34615
2. If to City, addressed to:
Director
Department of Parks and Recreation
P.O. Box 4748
Clearwater, FL 34618-4748
ARTICLE VII. EFFECTIVE DATE
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:.Tlleeffective date of this agreement shall be as of the first day of Septelnbef,
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IN \VITNESS \\'HEREOF, the part~es hereto have set their hands and seals this /.5~
day of ~~ , 1992.
"
CITY OF CLEAR\VATER, FLORIDA
Mayor-Commissioner '
, Rita Garvey
Approved as to form and correctness:
BY:~
City 1\1anager
Michael t\7righ
Attest:
. ~{lJ~-:;t
M.A. Ga1braith'b City Attorney
t lia E. Goudeau, City Clerk
Witnesses as to Club:
ERVIN'S ALL-AJ\1ERICAN YOUTH
CLUB, I~ _. _ __ _~
BY~~~ ~
Executive DIrector
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Attest:
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,>:President
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CITY OF CLEARWATER
INTEROFFICE CORRESPONDENCE SHEET
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COPY:
Michael J. Wright, City Manager
TO:
,FROM:
SUBJECT:
Ervin's All American Youth Club
DATE:
October 20, 1993
, The attached information has been developed at the request of Commissioner Berfield.
Attachment 1
Summary of City funding to the Club in fiscal 1992/93
Attachment 2
Analysis of CDBG funding requests and Commission approved
amounts for fiscal 1993/94. As requested, I have calculated the
amount approved as a percentage of the original request.
:If .you have additional questions, please do not hesitate to call.
o
.PRlNTED ON RECYCLED PAPER
'. ,:--' ".
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RECAP OF CITY SUPPORT TO
ERVIN'S ALL AMERICAN YOUTH CLUB
181-9465
CDBG Grant "Public Services" for club
administration
$15,800.00
010-1621
Parks & Recreation to pay for utilities
City Commission budget amendment approved
by Commission 5/6/93 for club operation
$4,800.00
$40,000.00
010-9100
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TOTAL AMOUNT
$60,600.00
** Parks and Recreation also pays approximately $lO,OOO/year to maintain and equip this facility.
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ERVIN'S ALL AMERICAN YOUTH CLUB, INC. A-
COMMUNITY SERVICE CENTEH ~ ~ ~~ .
1250 HOLT AVENUE
CLEARWATER, FLORIDA 34615
Phone: (813) 443-2061
Fax: (813) 449-CLUB
MEMORANDUM
TO: Betty Diptula, Asst. City Manager
FROM: Aseelah Harris, Executive Director
DATE: 10/15/93
SUBJECT: Info you requested to substantiate our request for
operating funds to begin our fiscal year.
.
Please see attached a copy of financial statements from July
1992 thru August 1993. For the last three years we have
requested CnBG funds to meet the bare minimum of our annual
budget. To this date we have never been recommended by the
CnBG Advisory Committee for even half of what we requested.
Our organization would like to formally large a complaint
against that committee, because it reflects sad and poor
representation when you consider that these people who are
making these decision have never accepted an invitation to
visit our organization so that they can see our program at
work.
Our organization presently is required by the Community
Development Department to submit backup (time sheets,
invoices and copies of checks) for each request pertaining to
reimbursement before we receive any funds.
If there are any other questions in reference to our finances
we would like to suggest that the City Commission and our
board of Directors including the CPA firm (Cronin, Jackson,
Nixon and Wilson) that represents our organization Schedule a
meeting so everyone concerned can feel at ease going into
the New Year. We would like to also suggest that all other
organization receiving City and CDBG Funds be held to the
same scrutiny.
Let us not get lost in personalities, but let us all stay
focused on the needs we strive to meet for the City of
Clearwater in general and the North Greenwood community in
Particular.
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CEHT 1 F I EI.J r'lJnL. ,[ C nCCClI.lI,l'1t)l,rf ~;, P. i I.
2r560 I:;UL r 11.) nnv BL 'ID, 7 ~~:l Jl IT ,~":L~ICI
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r.:'r::v 11\1' ':, nu., (,)ltu::rn cnN YllU"l1I L1\ In, I. I,JL.
(:u::nrU.J(Y1Er;:, FI...
l,JL Iln"il:: CnMF'lLED TI'IE {'C/~UI\IF'(.ll\IVll,l(-j ~:.;ljYlrl.IrI'.r,. (.tI' ()~,:r,['jl.'i,
L.lnf\lLITJF:~:l, nNl) FUI\ID B(H,iH,ICJ; UF: Er<\)nlf~:, (lI.L ()f"H::rc1l.J\I'1 Yi.i!l'nr CI..UB, 'lNC.
{~C" (tf' r\ t "11 199-' {'I'll' "'Ill" f"f"1 (11' l' (""fi\'/I '111'1'1' r" /"'r""'II'II'I" (il'll" ["XI"I~r,lc'I~'("\
1 h.l _" ,-, U EI u 9 ~'), ,,;) I.. , .I ,\ :, . I _ d.:' . h" " I: \ ;;'" ,\, ;, ,\,,1 ::. , ':,'i I,;' .::. \,J ,
Fon THE r'E\"< 1 em THEN [~I"IDED, 11" nccur;:Id'II,U::L:': I,' 'I 111 :n ,'II 1,I'l["1'.II~::; 1,:I,! ::.JTnNDnnDEi
r:~OI""\ (.)CCUUNT I NG rIND nE\,1 I Et~ GEr-:'):I. cr':=.r:; [~.;!,:t IJ:T> /.I,' 'II 11;: (\I'IC n I CYII! :r I,IST I TUTE Dr~
CEr~T I r:" rED F'UBL.l C {~CCnl,II'.IT(')hn ~J~
i-l CCll11F'l L.(')T 1 UN 1 n L J N rr r:lI 'I U 1:'nLr:r::t.IT 1 NEi 11\1 1'1-1[: r: ClI';:lvl i IF' F' H..j(")NC I r.)L
BTnTEI~lENTB 11\!FOf~I,,1(Yr I UN TH(yr 1:3 THr;: nErr::EEiENTnr 1 DI'J or::- 1'1f.'II\llI13EI'lENT. WE
I-II:.)VE NOT Aun I TED on REV 1 EWED THE i1CCCJtfIP(.)I\JY II\!G F 1 N~)NC I nL !iTATEI'1EN'TB ~JNl),
ACCORD INGLY y DO NOT EXPRESB ('~"I OP I N IOI\J on nNY OTHEn FonM OF AGSURANCE
ON THEfY/.
MRNAGEMENT HRS ELECTED TO OMIT SUBSTRNTIALLY ALL OF TH~'
DISCLOSURES AND THE STATEMENT OF CASH FLOWS RECJ.U I r~ED BY GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES. IF 'THE OMITTED DISCLOSURES AND
STATEMENT DF CASH FLOWS WERE INCLUDED 11\1 THE FINRI'JCIAL. STATEMENTS, THEY
MIGHT INFLUENCE THE USER'S CONCLUSIONS ABOUT THE ORGANIZATION'S
FINANCIAL POSITION, RESULTS OF OPERATIONS, AND CASH FLOWS.
RCCORDINGLY, THESE FINANCIAL STATEMENTS ARE NOT DESIGI\!ED FOR THOSE w~o
ARE NOT INFORMED ABOUT SUCH MATTERS.
~~*~uJk-
CRONIN, JACKSON, NIXON & WILSON
CERTIFIED PUBLIC (')CCOLlNTHNTf3., F'. i:'l.
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cr~v H.'" U (')LL AlttEr.:: I CI=iN YDUTH CLUB, J NC ~
bTnTElVlENT OF {':)S~;ET~j, L.l(~ln:!L.:(lIES nND f:UI\ID Bi':\LnNCE
nl.\9ust 31., lCi(1'~5
n~:;SETB
ClJRF(ENT nSEj[:::r~:,\
CnSH .-. CHECI ~ I I'~(:I
DUE Fr'<O\"1 .Jl.Jl.\
E~lPLOYEE nD'..'ANCE::E)
TOTAl.. CURr~ENT ASl3ETS
$ <:3, 606. (,,'6)
(J, IZJ20. 75
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F I XED. A~3EiE TS
FURN I TURE &: r:;:m.J 1 PI',1ENT
ACCUMULATED DEPRECIRTION
TOTnL F I Xf::D (.'.lSfJETS
l1, 33cl. 68
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TOTAL ASSETS
$
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LIABILITIES AND FUND BALANCE
CURRENT LI~)BrLITIES
ACCOUNTS PAVABLE
PAYROLL TAXES PAYABLE
S. lJ. T. A. . PAYABLE
TOTAL CURr<ENT L.ll~B 1 L 1 TIES
$
1,965. 1/lJ
538..1121
1~0.99
$,
FUND BALANCE
FUND BALANCl::
EXCESS (DEFICIENCY) (IF nEVENUES OVER EXP.
TOTAL FUND BALANCE
26,91121.48
(~3,907.92)
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2, 1 i.7 . 61.
5!'1,626.7a,
3.002.,26
TOTAL LIRBILITIES AND FUND BALANCE
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1I&:lr'W."-. ...........--, J .._"......'it.==.:l-~
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Er;:v i N' S' (-=ILL Alv1ER I CAI'~ YOU I H I.:U.JL", .lI\lL.
COMB I NED Sl'ATEMENT OF (JPEr~(')T 1 CH"S
FOR THE PER I OD ENDED (h.J ~ LI ~:d; :31, 1. 993
1 "'1on thEn cJ ecJ ~::: IV/or It. hr.; En ded
_Fh~.'~__~J._'l__J_?_9.;3.. ._-E~1:_._ _ll!.::U:b._~.h 1993
REVENUE
JUVEN 1 LE ~JEl.FAr\E f.\OAHD GRf:)t'n'~1 5'~7 . '/ "l
C I TV OF CLEARW(~"E.F~ GR(:)I\ITS 1. 653. 1.,/
_______ _1_._..........__ --_
TOTAL REVENUE 2,161.21
::~:3. ,.\ f.l
~;;i., ,,60.99
......___ ,_,.1..,.653. 47
1" 11/... Lt6
'11 r"']
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1 vuZ'. I?Wt
OPERATING EXPENSES
SALARIES
FICA
HEALTH B! LI FE
ACCOUNTING/AUDIT
POSTAGE
WATEf~/SEWEn/SANITATION
RENTRL & LEASES (EQUIP.)
SUBSCRIPTIONS
TOTRL OPERATING EXPENSES
6 1 . li)~:;
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15.7B
(~. l7.Jel
(Zt. (~)0
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1.57.52
682.12
61210.00
25.00
188.12
565.54
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't 114. 46
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COMBINED STATEMENT OF REVENUES RND EXPENSES
FOR THE PERIOD ENDED August 31, 1993
1 IYlonth Endc~d 2 fYlol\ths Ended
RLIg.. 31~ 19.9.:5 _f'ct__ -':il:Ul.~__3~.1 1993
$
11,024.39
829.75
b'.. 80
GENL & ADMIN EXPENSES
SALARIES
FICA
SUTA EXPENSE
CLEANING
. TRAVEL
TELEPHONE
ELECTRICITY
RENTAL & LEASES (BLDG.)
RENTAL & LEASES (EQUIP.)
OPERATING SUPPLIES
INCENTIVE PROGRRM - TUTORING
DUES / MEI~BERSH I P
SUMMER CAMP EXPENSES
DEPF<EC I (~T I DN
BANH CH{.)Hl3ES
TOTAL GENL & ADMIN
575. IZ'~~
2 tJ 1 . /, 3
297. 'I :~;
833.Bl
0.l7.10
136. 9~5
161.2121
17.1. ellll
l'IIZI. flllZl
(H3. h:l)
12B. 1+-;:
___.____;l~~_lft
F X F'EIIr.~I- j I. .." n~ "'1
.~ I .. . \ .:) ::. ~_,._...__;_t~'..~..:_'::i.~_.~~.::.
DTHER REVENUE (EXPENfiE)
SUMMER CAMP DONATIONS
.JOB SERV I CE
EXCESS (DEF)/REV.. OVER
NET INCOME (LOSS)
0. 0(11
, I
~;1Q1. 10 $
:38.. 39
3.00
;~/".l)l
1:2. H~
1~~. 76
~3B. 5H
~,. QlQl
IJ.. ~31.
"1 . '. 6
IZI. til/.l
6. '.8
(3.El5)
15,266..89
1, 154. 29
121.82
5. S)/I'
1, 659. -79
579.31
527,,76
1,909.72
114,,00
967. 6'+
1, :.586" 02
,41210.. 00
1 '+0.. 00
7 '.0. 70
256.. 8't
____.._._._.J_~" 1 1+
__..._,_~L{~_t
....{?-9_~.._.9 2.
'';'/1:;.' ':)3' 9'-:.'
_~___..._.. .:!::.t~~...,_.:!:.:.._.:....~~":".
121.. ~~0
:~30. 00
',' !..;
"
,C
"
,
';'.
Fct
371.05
28.05
2.96
'+0. 34
14.08
12.83
46.41
2.77
23.52
9.72
3.4',0
18.00
6..24
0.32
__61~ 4~
.._'. ','
SEE ACCOUNTANTS' COMPILATION REPORT
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STATElY/r:N r OF OPE:r~(n] ClNE~
FOH TI H~. pc:-:rnUl) r:t~DF;n (lurlt'~ l. :<'1. 117'7:,.~
, "
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':,)
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I
1. I'lurl \;, I Fnclr~r.I.' '.101 I t 1'1":\ EnderJ
..Fll:.L~~__;3_-lL.__t~!.2,~~. ,_,,,J~.r~:,. ~._ .'_ _.,8.l..I.~1.~~ _.~L:L...J.2 9~ _J~c L--
.JUVF.N'[L.E t.JU.F(:~n[ n[t(H~D F,r::()NTD
nE\lENUE
JUVE:N 1 LI~: vJr::Lfnnf:~ BDnnn Gnn~JT1~.._.____,,,,_,__~~~~Z~_L'1. _,JS~S~-,.d~~!~'~
TOT{~L F\EVENlJE .....,_,___,"_.__rigLz..':'.. -; '1. _)J?~.!~~.J}~!.
,,__,.__ ..,.;?~_!.tl:L0...:JC'J _1.00.~ "
._..__..""., ,,,..,?,.._:t~.'l'_~9. _ 10gt. 0~.
OPERATING EXPENSES
SALAR 1 E~l
FICA
HEALTH & LIFE
ACCOUNTING/AUDIT
POSTAGE
WATER/SEWER/SANITATION
RENTAL & LEASES (EQUIP.)
SUBSCRIPTIONS
TOTAL OPERATING EXPENSE
Qt. 00 0. 0'" 561.80 22.83
1 1 It. 5 It :22.56 157.52 6.40
34 1. 0(, "7. 17 682.12 27.72
Ill. (0) fl./. 1210 600..00 2/.. 38.
0.00 Ii). (%1 2~.00 1.. 02 'i
52. 1 J. 1121.27 188. 12 7.64
'"
0.00 0. 0'-11 231.43 9.40
____~tZl~. ---.-J'lJ "-~~ III ~_.,__.,._,_.__15. 00 0.6t
~7..74 _H ~.:....li) ,~ ___._.6. It'~0. 99 ~00.0~
SEE: ACCDUNrnNTB' CClNr:' I1...f'lT H)'" F~r.T'or~T.
... . \ ~ ; ,./,
- . ......... . t. .-. ~ _ ..... ... .-
~3TnTEl~1l::NT OF llPE~r';(:)T 1 DNS
FDH THE F'I~nl()l> Et'JDED nU~J\,H.d:. J 1, :t 9'J;:-~
C I r"t (}r~ Cl_En/ilJnTEF( OUNnT r DNS
1 l~lcm'l;h E.ndp-d :2 Nonths Ended
._.f:h~~,:_-,1 h_...1~?5~.;1 _.._f'~t ..._ .-Jh.1!l~__~.ls-_l 9?d
F.:!::?~__
HEVENUE
ClT'! l1F
TtJTAL
Cl.G,' IHl.-lf:rrC:r, GriAHTS
r~r;:vl ,hIUE
~i _._.__..1.:1 (;J t:;:3.<:._:.t. 7 _.L tl.r~~ 1" __,.....J....w?l e.'!3 --!J.2
_____.._--.:t..:L..9~~;3d7 1 (lI(1. QlQl ___1., 653.. Jl-L
1 ."J\I"^ .:~."
_~~~~~ :....!.....I.l.!.
1 Q10. ~~0
---"'-
OPER('~TINt1 EXPI:.'l'\jS[~S
SALAF< I ES
RENTAL B< L..r::nSI:.::S (EC!LJ I P. )
TOTiiL nPEI~r~)T 1 NG E:XPENSE
1,319.36 79.79
,_,_______:-3;:; If ~.!.l. :~QJ. 2 1
____Ll.:>:::j:~~i7 -1(7)121.. 00
1,319.36 79.79
33Lt.. 11 _2121.. ~!
1. 653. it7 ~~. 00
GEE . I~CC()IJNT(:lI\rr~:I'Ct.)NF:' I '-(~\T J UN H/.?:POIiT
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AGENDA
in
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ITEM
#5IP E
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50b.
FOR COMMISSION MEETING October 21, 1993 APPOINTMENTS Agenda #_
APPOINTMENT WORKSHEET
BOARD: Planning and Zonin~ Board
TERM: 3 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON(S): Ed Mazur
MEETING DATES: 1 st and 3rd Tuesdays
at 1 :30 p.m.
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 10/21/93
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THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name-Address
Date of Original
Appointment
Attendance
Record
Willingness
To Serve
1. Ken Hamilton is ending his second term 10/31/93.
At the 10/7/93 meeting, Anthony Salmon was appointed to begin November 1 st, however, per
the attached memo from Scott Shuford, Mr. Salmon will not be accepting his appointment,
therefore, one appointment is needed for the board.
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
Comments-Related Exoerience, Etc.
1. Stephen Thomas Alosa
2771 Sand Hollow Ct., 34621
Commercial Real Estate
2. Dale Anderson
923 Bruce Ave.,34630
Commercial Real Estate Broker
3. George Athens
1018 Bay Esplanade Dr., 34630
Restaurant Manager
4. Ernie Cline
2074 Sunset Pt.Rd., 34625
Self-employed/building contractor
5. Mark Hatoun
303 Cedar St., 34615
Engineer w / Pinellas County
6. Bill Johnson
479 E. Shore Dr., #1, 34616
Real Estate Broker
7. Jay Keyes
100 Devon Dr.,34630
Real Esstate Sales
8. William Kirbas
34 Bohenia Circle N, 34630
Financial Planner
9. Nicholas Kudlicka
200 Starcrest #153, 34625
Self-employed - Potter
Continued
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Planning & Zoning Board Volunteer List Cont.
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10. James Madden Retired Deputy City Clerk
51 Island Way, 34630
11. Robert Metz President of Public Corp.
1478 Maple Forest Dr. ,34624
12. Shirley Moran self-employed, consultant
240 Windward Passage,#805,34630
. '}
13. Brenda Harris Nixon
902 Pinellas St., 34616
Past member Planning & Zoning Board
14. Bernard Panush
19029 US19N, #1-18, 34624
Past member Library Board
15. Delphine Pullar Retired credit analyst
2663 Sabal Springs Circle, 1f102,34621
*name rec'v after 10/7 meeting
16. Curlee Rivers
1341 Fairmont St., 34615
Teacher
17. Robert Theroux
55 Rogers St.,#206, 34616
Retired civil engineer
18. William Weller
223 S.Venus Ave.,3461 5
Administration representative w/Morton Plant
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OCT -18-1993 09: 03 FROM PLANN t NG 8. DE'JELOPMENT
TO
CITY CLERK P.01
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FAX MESSAGE
CITY OF CLEARWATER
DEPARTMENT OF CENTRAL PERMl'ITING
P.O. :BOX 4748.
CLEARWATER, FL 34618-4748
OmCE PHONE · (813) 462-6567
FAX PHONE - (813) 462-6476 '
TO:
FAX #:
Cyndie Goudeau
FROM:
Scott Shuford, Central Permitting Director
DATE~
October 18, 1993
MESSAGE:
On Friday I met with newly appointed Planning and Zoning Board membert
Anthony Salmon. After a few minutes of discussion Mr. Salmon indicated he
would not be available during the summer months. We agreed that the Planning
and Zoning Board is a YeM round responsibility and that his unavailability for
part of the y~ made it impossible for him to adequately carry out his duties.
This is to advise you that the City Commission will need to make another
selection to fill the vacancy created by the expiration of Ken Hamilton's term.
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NUMBER OF PAGES (INCLUDING THIS PAGE): 1
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P^~$$
OCT 15 1993
CiTY CLERK D~PT.
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TOTAL P.01
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C I '7 C L t:,;c I( (j) Ep7;
RECEIVED
APR 1 2 1993
Clry CLERK DEPT.
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
Name
STEe.t\-t::N
Ii La sA
} tl 0 fVl A-S
.
Home Address:
Office Address:
~771 ~ "')A-/VD I-IoL' J C~ /988 G ()L p -,-a B ;f-..! BL V D,
LD t.u II
{ L~ [AJI FL ZIP~ 3116;;1/ CL~J t~ ZIP~ 3 LfIo/5
Telephone 7r1 1/- Q<13'-/ Telephone J-jL/:J. .LIII/
How Long a resident of the City of Clearwater? I ~;-e tiYt.
Occupati on a 111'1 t /2t.IM l7e4L -E5'~m pi oyer .-n re-pQ u'O a.lr\.4L.- r <.-c 'IL l/),A 'Qe/.l-i..."'1
Field of Education:
Other Work Experience:
jcc: A1T"xlrC'?
~ ~.
j)AC~72.~ c r \ G..# c e
~. -
c:' C, Nc'f"rIl t. oS *'\ t=' N hN (.1:;::
V a ~e-L V jJ I v E-tZ-?~"-1 I {)}.l.l \A.,
I
If retired, former occupation
Community Activites: 8 ~ f3rd/...Q I" prod r<:I W"I
Other Interests: ~()tyft Nib , ~ ~(2 E. , GeL. r
,
Board Service (current and past)
;VO N ;:,
..
I JJ 0 LOCI<. 0 F DC'SI i!..e ~
Board Preference: _
\ . ~LA l-J ^"tib ~ 7..0,",11'16,
z.' MA ~ I ... , A 0" I S o,~ 'f
'3 . \A \,1'b ~k. ?a.~$e~\lA'rJ"'N
4 . 'Pe.Jao PMew1 CocE
~. N~ ,ltJ.l~o~rte6P 4t:>v I s,Gpt- ,A+-L.c.'\.rje
" . ?Aa..~ ~ ~ (2~(.. f2E.4-n.o~
1. '0 t'4-v,J f \c.A-T tOr')
Additional Comments:'
s~ r~~
D'ate:'
J!'i, -f3
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Pfease see. attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORMTO:..City.Clerk~s"DepartmentP.O. Box 4748 Clearwater~ FL.34618
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ROBERT MORRIS ASSOCIATES PHILADELPHIA, PA
Assistant linancial Analyst - Co-op job
Audited over thirty thousand financial statements for com-pilatiol1 of
the Robert Morris Annual Statement Stu<lies publication.
Penonal Backgroun4 and Interests
A member of the International Council of Shopping Centers, The
National Ein81lcia1 Management A$socia.tion, The National Economics
A3r0ciation, and ~t1y electe<:t to the Who's 'Who in Rea! Estate.
Interests Include: exercise, tennis, skiing, reading., theatre, music
and ~ Hflg.
Reteret1ces tuntishe<l upon request.
Education
1984-1989
19aO-1984
1988
. Experien<:e
May 1991-
Pr~ c\ q ;;1.,
rI\~
S~f.. 1990-
May 1991
Dee >1987-
Sept.l990
jan.-Mar
.1987 .
Jan.- May
.1986
STEPHEN T. ALOSA
'3412 Masters Dri va
Cles:rvater, IL '34621
DRRnL UllIVKR.SITY PHILADELPHIA, PA
Bachelor or Science Degree A varded, May 1989
Dual Major; f'1nance and eomomi~.
Five-year cooperative education program.
DALLASTOWll HIGH SCHOOL
College prepara:tory curncu11..1m.
DALLASTOWN, PA
PA REAL ESTATE COMMISSION HARRISBUR.G.. PA
Procure<l Real Estate License vhile attending Drexel University.
COMMERCIAL REALTY SPECIALISTS, INC. YORK.. PA
Direetot' ot Leasing
Coordinate shopping center leasing programs.
SpedaJ.i2e.<j site location and development planning for clients.
Coordinate<1 the marketing program for the compe:o.y.
FISHER/SPONAUGLE GROUP LANCASTER, PA
LeMing Coordinator
Ha.n<.11ed shOWing center and office leasing programs.
Negotiation ot eronomic an~ legal terms tor leases Vith attorneys.
Involve<J in all ~ts of development except financing.
COMMnCIAL REALTY SPECIALISTS, INC. YOll, PA
Leasing 2eprerenative
ShOl>ping center learing.
Site location fOt" t.enants including; Rite-Aicj, l3.n<ler Care, and Hardees.
THE T WAIfS GROUP
Assistant Con troller - Co-op job
R.espon$ible for A.ccounts Payable, !~un ts Rereivwle$, general
1e<Jger en trees and corporate fiscal budgeting vi tll the V .P. ot Finance
KIKG OF PR.USSIA, PA
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CITY OF CLEARWATER
Applicition for Advisory RnFlrrl.'l
(must be Clearwater resident)
Name DALE R. ANDER~ON, SRA, R.E. BROKERL APPR~rSEE
Home Address:
Office Address:
-
923 BRUCE AVE.
:SAME
CLEARWATER, FL.
ZIF:34630
ZIP:
Telephone 446- 3745
Telephone
FAX 443-5738
How Long a resident of the City of Clt:i;lwater7
RECEIVED
SEP 2 4 199~
CITY CLERK DEPT.
Occupation 13. F.. P~()J{FP COMMERCIA6m:cU"XW:X T1\TVFSTME'NT J?.ROPERTIES
Field of Education:
Other Work Experience:
SEE ATTACHED RESUME & QUALIFICATIONS
"
If retired, former occupation AGE; 8-18-46
Community Acti~ites: SEE ATTACHED
Other Interests:
.Soard Service (current and past)
Board Preference:
PLANNING & ZONING ADVISPEY ROABTI
Additional Comments: 'MARRIED 24 YEARS, WIFE ELEANOR.::TEACHER PINELLAS
COUNTY~ARD' ~ H~VE 4 CHILDREN, 13-23
Signed: ~ 1<. W~Date: 9-22-93
DALE R. ANDERSON, SRA
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FOnr-1 TO: City Clerk's Department P.O. Box 4748 ClearwAter, FJ... 3461 e
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RESUME & QUALIFICATIONS OF
DALE R. ANDERSON, SRA, BROKER, SALES, APPRAISER
FOR~mL EDUCATION:
Duluth_~rea Institute of Technology-Graduate Certificate 1971-72
Architectual Drafting and Design
University of Minnesota - Industrial Education 1966-1969(Major)
Western State University, Doniphan, MI - Masters Degree in Busi-
ness Administration with a Real Estate Major - 1984 - 1986
PROFESSIONAL EXPERIENCE:
Architectual Draftman - Morgenstern, stanius & Thorsen 1968-1969
Draftsman, Ruble & Associates, Architect & Engineers, 1970-71
Over the last 22 years, Real Estate Appraiser, Broker and Sales
in residential and commercial properties in Minnesota and Flori-
da. Appraiser for First Federal Savings and Loan, Duluth, I1N.
1971-76.
Anderson Real Estate Appraisal Service, President 1976-82
Anderson and Associates, President 1982 to 1987
Anderson, Golschmidt & Roberts, partnership, 1987-1991
Marie Powell and Associates, Better Homes and Garden, 1988
Pinellas County Property Appraiser'S Offic~, CFE 1988-89
ViewPoint Realty International, Inc.,-1991-92.
1993 (Current Dale R. Anderson, SRA, Broker, Sales, Appraiser, Fl., Mn.)
-
Designed and built residential homes and apartments. Owned and
managed apartment complexes and commercial property. Court
Appointed Commissioner for Housingr. Redevelopment Authority, a~d
State of Minnesota.
TECHNICAL EDUCATION:
The Appraisal Institute 875 N. Mich. Ave, Chicago Ill. 60611
University of Wisconsin, An Introduction to Appraising.
Appraising Apartments, Augsburg College,
Narrative Reporting Writing, Income Producing PropertYr Mpls. Mn
R-2 Exam, Case~Study - Single Family, 201, Principles of Income
Property, University. of Madison WI
Marshall & Swift Valuation Servo - Construction cost estimating,
Tax Consideration in Real Estate Transaction, Springfield, MI
The Valuation of Leases and Leasehold Interest, Duluth, MI 1980
Application of Market Extractions, Minneapolis,:MN,
Real Estate Project Feasibility Analysis.! Duluth MN..
Course .VIII , Ame'rica'll Institute of Real Estate Appraisers, Single
Family, Indiana University
Recreational R.E., radison Hotel,. Duluth, MN,
Computers as an Appraisal and Financial Analysis Tool,
University of MN - H.P. Financial Calculatorsr Basic and Advanced
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OTHER
Minnesota Mechanics Lien Law, Duluth, MN
Hamline University - Eminent Domain, Bloomington, MN
R~41B and C, ~NM, FHLMC Underwriting Procedures Bert Rodgers
school 6f Real Estate, Orlando, Fl. 1987
Mi~nesota School of Real Estate Financing
PROFESSIONAL DESIGNATIONS AND MEMBERSHIPS:
The Appraisal Institute R.M. - Certificate #875, 1975
S.R.A. - .Senior Residential Appraiser - Certificate, 1981
President Duluth - Superior Chapter, 1984 - MN & WI
C.F.E. Certified Florida Evaluator, pinellas County Property
Appraisers Office, Clearwater, Fl. 1988-89
American Savings and Loan Institute, 1971-1976
Home Builders Association, 1971-1977
Minnesota Apartment Association (General Membership) 1979-1981
State of Minnesota-Real Estate Brokers License, #0494975' (Current)
Member of Minnesota Board of Realtors, 1983 - Current -,
State of Florida Real Estate License - #BI-OS09828 (Current)
Member of The '~reater C~ea~wat~r Association of Realtors (Curren~)
Memb~r of The Apprais~l 'Institute-West Coast Florid~ Chapter (Current)
CLIENTS; & OTHER GENERAL INFORMATION:
Fina~cial Lending Institutions, Mortgage Companies, Savings and
Loan-Association, Commercial Banks, Credit Unions, Attorneys"
employees Relocation Companies, Merrill Lynch, Executrans, Trans-
america City, County, State and other governmental agencis and
Life Insurance companies
Approved' Appraiser-FNMA & FHLMC #755-016
Approved Appraiser - Banco Mortgage Company, BMC-113 Review for
state of MN.
Church Board Member CHAPEL-BY-THE-SEA Clearwater, Beach,Fl.(Current)
Member of The Clearwater Beach As~ociation (Current) "..
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AoulLcat~on fer Advisor, Boa~ds
(mus'C be C2..ear:va-c2Z:O resid.en"t:)
~
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:ijLL FEB 26 1992 ;0,
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Name
Geor~e Athens
Home Addres 5 :
Ofi.:.ce Adcirsss:
1018 Bay Espl~ndp D~
1170 M~nn~'ay A'\1'P
Cle~~w~tp~J ~'Q~1d~ ~463n
Tele~hone 441-200S
Clearwater, Florida 34630
Tel~'9hone (81'3) 442-11<:)6
Haw Long a res iden-c of t..'1.e Cit.y of Clear-Nater? 21 yeal"s
Occ~"9ation Restauran.t Manap;er
E:n;Jloyer Ocean Garden Restaul"ant
Field of Education:
O~~e= Wark ~~~e!:'ienca:
Bachelors/Businessl FSU
Real Estate 'Brokers License
. D.1.amond KliiiY / Re~ 1 ty
Moonbeams/ O~ao.t T~~
-- t' .
...t..!: re =-=eG. f
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... ....-u.c... v""-"'-.....:-' ....._.""J....
COlIII1luni ty .~C't:i"t7ites: Church theRt'T'~ g",nt1p - Holv Trinity GT'~pk
Orhtodox Church.
Other Interests: Environmental Issues, Offshore fish1neJ r,,~~~~~Autos
Board Service (cux=ent and past)
.:.
Boa~d P~Q~QrQ"C~.
- - - --'- --..... .....
Pl~nn~ng and Zoning
DCAB
Addition~omment
Signed : ~,1~7, .
Date:
?. . 2 r.I. 'l 2
!:? lease '\ see attached list for Boa--rds
. Discl.osure. PLF!~~E R.ETOllli THIS FOEl! TO:
l?O. Box 474: 8 CleartTater I .FL 34618
t.l-J.a t rsqui=e .'F in~ci.al
City Clez:;t's .Oepar=te!l"C
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CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
C~':',r . "..~~_.: --::~~1'.
Et=2~lE
C l._ l~lE-
Name
Home Address:
Office Address:
Tele phone
3U~~E+ ej eO '3AME
Fe ZIP: ~~(O1.5
4-~ (- do. 75/ Telephone
ZIP:
tZ,o?4
CG<.0
How Long a resident of the City of Clearwater? G, Yt<~
Occupation BUlC-OLklCc. ~t\cti~#~mPIOyer ~ect=-.
Field of Education:
C c> "'-"';,..{. r.<. <1 c... ~ L .; N.
Other Work Experience:
EO<Jc::...A"rl~~
. .
If retired, former occupation
/
C-ofH M" / KIUJ A-I..US
/
Community Activites:
C 1~4W.~stf
Other Interests:
rsc..~L~~
,Board Service (current and past)
Board Preference:
..M lJ t<.{ lc. (PA<- Co De If ft.J. Po eE.. /,4-( ~N/r-. '
_~/JrI2(M(? AOU{'So1?7 ts D.
P~l~~ i ~N(~.
Additional Comments:
Signed:
Date:
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
!
I
I
I
I
.- -:--. "-. -- I
C-?'TT'Tr to';' ,...... -:"~ ~'r4"'~ m't:''''='
_ _ _ .. "---'........._'"'t., i&"__......-.
I ...
.
- '
-. ..
I _.
. . -...--
Name
R ((..\.'\~
~ . I '
, ,
App l:..c:J. t5..on for A.d...,.isor.r Bo a:ds ,..../ J UNO 8 1992 , .:
(mus'C be C':'ea.=:.;at:a= !:'~sic.ent:)~--~,- I
,... 'T'/ - --~- ,--'
""'\'1\ l' ...,,--\ "-"'{' ~ '-I '1 '.'!-~~::;Kll!'::':::T
. ,...~~" \; _A \ t '--" '~'--
Hcme Add.=e s s :
~~ ~ C~tl() ~t.
L).'A~ (l~,~'p;le~ ~(_.
Tale?honJ_fJ \. s) 4 u.1J e 16 t
Of::.:.cs Adci-ass:
'\') 11 .II r-- ~,
\ .l,'~~ e..~i1,"~~L'I.A.,.r;.
'-
({ h: t rS '( \~ ('.~l,.l,a.r S't.,. ('.I ~(V~~--:.~
Telephone(Jl.J) U. te - ~ ~6S
Ec.N' Lor:.g a -es ; c.e~"'.: at ":..~e C.:.t:r 0= C:2.ear,01ater? 0 vc~ ~ Y ~ .
OCC"".l-pati..on f:"...C- ;~~. , El:lployer (i)~ ,.;("-U. M f~,J~ .
\J --...;;,
,""_,,,_iQ__'a' 0';: ";:'c.'uc_~t_':an.. O....':.,Q"P'" T"":O_1J'" .....,......e-.:o.,.,co.
... __ 1....__ rt ......-.. ~..... ___.. __.
r'7"':>, <::."' .- \/. .~,,',- . r7 ~ , '\ ~~ - "~".I!'"
" ....., ..... ~ e f'-'L,-1 N~. ~ IN ~ . I~. A)::'C ,1 , I:';~'~ ..~~ . ..S J "'t'.'""
~~W~ l f'i:C\&.~ ci '~~\G~ 9. ~,d ~~\\..\. ~ ~6-8 ( (:J1.,.\..Mi"",
\00-) . .... , .. " .
If =at.:..=-=ci, fOI:::le~ oc::~?a'C.:...on rJ I.,a., .
Communi ty Ac~i vi tes : N ~ \~f:ffio iVtkJ 0 ~ '"Ae.A~ y,. T 1~6 AtlVt:;:'~.Jlf)
.J
~,)>-C't.,~ .fU.Lt~ rJC.S (\eiJ,; f/.~*,L,flJ.t~ \ . ~~ lrl ~~ ,
. LYJ,
Ouer Interests:
. .
... .
EOa2:::l Ser7i.ce (c~9n1: and pas1:) Board P~efe:snca:
~~ "" Wflt1~,.r- ~~ ~lA~N'\,ajr,: ~ 2iW;N~.~(',frM:)
> ~tJ f:tJV, 'A ~\/. en n (l. ,e. ~ \J~ ,
w:~ Nt1.11m ot'JC;'"Q. ~-:sc-6\..J \-\-1"M.'~;N ~ PM,11+rJ a.i'"tVI ,
Addi.ti.oila' . oIlIll1ent~ €-cE f\ Wee ~ ~ h:a;f- ,*
-/ · · Date: .5/P.~/t:h
. ~ .
. .: i
. ~
Please "~see attached li.st: for Boa1:as t..'1.at rSq'.ll=e Fina.1'lci.al
Disclosure. J?J",R:aJ5E' RETURN THJ::S FOID! 'XO: Ci. t7 Cler;~ I S Depa~e!!.'C
P.o. Bo~ 4748 Clear;vater,.FL 34618 -cJ2
*- o-.-lta.cl\€d. Sll'€e+ lA.1<:t~ -i/,.-e. lis+- d-t:-cur b-"a (cis c; ,~I I' .3 S
Mr, +h=t+oL\.V\ ha..d cl"rc...k.d fz.. I clf.c. I c.t+ A .lls-f1nJ Cir. ~ I c..Q... 1::1.{ a.
o...~C\\J-e.. A-lso ~n~ebsc.rlf'.{-;CJj ~\r ~Il-c. h~ uV\ckr{cned 11'tk'~recl."'r1:'
~C R e..:: Q l\ W<\.-\-q; WGCs-k...!C\. -\e.r f 5'~ ...<t-1<- ('" f~J r<t m ~ VI a-I--i Y1:J iI, <I.+'s h is 'S rec1"a./ ,t-v
. . . .. '.. ' ,_ _. ...,. ._, ", ... ... _ . . .' ... ,0
1t. It . .. ., ,
'. ,.. ..",. ....." ......,.. ~ . , - ... .
Name
3/11
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
--.-- .
-:; 0 i{fJ?O;)
RECEIVED
JUN 2 9 1993
CITY CL~R;{ DE?l.
Home Address:
179. E 5hoj{e ;J,fJFI
Ct ~u &t/CA ZIP: 3Li6//.
Telephone 1.jL;7-0t6!
Office Address:
;/~3 0 s-: 1Jl-!1/~I/e A fie tt1o~.
/
c Lj/!/' z~Lj6lb
Telephone 1l.J;2. -1j~tJO
How Long a resid",nt of the City of Clearwater? (; JtM'"
Occupation A'!E f>"I((};(f'/{ Employer 1>ke / vl!Dlhrkq 4 C~//JRltfc ;<<1..
I / / >~A'//I'ce~:;;::u:...
Field of Education: Other Work Experience:
/Oy/5- j/-fi /7"r rd. of !:S..
/~ftf5'" 1/-1 -1f1{~hJfr..
riP;? fl-, (c/'4des)
I l \.
61- ((5;C - ;CJ73
If retired, former occupation
Community Activites: ome: rJ( - 5/t-:)11(1 4/;'~ ;E;. ~il.tl~v flftl!f;(/l/1{
f (J I/r't./ fd." ,A/IF;{ ... f,4L r4 I1J d({ f f'IV fr..R; U. IV
Other Interests: -{i;l11lh; ;ot;t//PtLl /;tJdiIV4f .r~/j,Jf/;krl;'~'1~ hi<5jd)~11
/J Y IT I( ~. /1
,Board Service (current and past)
Board Preference:
f? -f Z-
Signed.
Date:
b/zth3
/
Please see attache list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
,..... .
-
1 \
ED
Name
Jay F. Keyes
JUL 071993
C ITV C l.E:R.!<.m:Pt
.
Office Address:
1208 jcleveland
Home Address:
100 Devon Drive
Clearwater Beach
ZIP: 34630
Clearwater
ZIP:34615
Telephone 461-1747
Telephone 447-7355
How Long a resident of the City of Clearwater?
22 years
Occupation' Real Estate Sales
Employer Nick l1astro, REALTOR
Field of Education:
2 yrs Col.
Other 'Nork Experience:
HOTEL AND Restaurant - General
Manager and Owner
. .
If retired, former occupation
Community Activites: Sertoma - Past: Chamber of Comnerce Board of
Governors, TDC 8 yrs., Innkeepers 20 yrs.
Other Interests:
.Board Service (current and past)
Board Preference:
Zoning
Signe
-
Date: 6/28/93
Additional Comments:
-
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
.. ---. .-. -.
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
Name
William P. KirhM~
Home Address:
Office Address:
34 RnnpniM r;r~le North
1 8 167 TT S Hw:r. ~ 9 No.. S 1J. i tel 00
ZIP: 14n~()
C'1 e a r~va t e r. Fl.
ZIP: ~4n?4
Clearwater, Fl.
Telephone
Telephone
515-6481
447 h]2~
How Long a resident of the City of Clearwater?
12 years
Occupation Financial Planner
Employer IDS Financial Services Inc.
Field of Education:
Other Work Experience:
F.S N~wark Call. of Ene.
Newark, N.J.
HBA :3eton lI<J.ll Dniy.
South Orange, N.J.
If retired, tormer occupation
V.P. Mfg. U.S. Maqnet & Alloy
Plant Manager Interpace Corp.
General Manager Canadian Pacific
Community Activites:
Clearwater Beach Ass'n. Board Director
Jolly Trolley C'p
Clearwater Boach NeighborhoQd Watch Pro~ram
Other Interests:
-
Srnrt~. wnnriwnr~;na' invp~~mpn~~
,Board Service (current and pastl
Board Preference:
Wona
1. Municip~l Code En~orccmcnt Board
2. Planning & Zonina Board
3. Parks & Recreation Board
Additional Comments:
Signed:O/1zy~. Date:
Juno 22, 199:3
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
': ' )',
, ,
'" 'K" '.
C!TY OF CLZrlRWAT:=:R
~~~~ow~~
~ AUG 0 4 1992 ~
CITY CLERI< DEPT.
App~ication for Adviso~l BoaIds
(mus~ be ClearNa~ar resident)
Na:me --D ~ (.J"'- D t ~,~ 0, K L ~ r~ / / c: ((eJ....
" ,
Home" .Add:res s :
Office Address:
,.l(\ 0 8 +oC.I-;-C VI"' <: + :;=t- (S- ~
...LJ I ~~ .J-r " (~ L/ I:: .;).5'
L ~<.:e
Telephone 4 L{ {~66,J tv1~S~~<V
How Long a resident of t...."le City of
<::;AlV1G
Telenhone
- / 't CO-7D - 7~-1J- (J.G,..
Cleartla ter? Clef: h~' II ~ ; y, f /VTtf" 7::; r-s
Employer S e (-P
'.
Occupat.ion .J:.dl-e v,.....
Field of Education:
[( ~c.. t ,-0 V\ i.c.<; ) C. 0 IV'" P u...t e~ ~ u.. S N
G:., P tj c... I ~ V'
Av"-r- 'a~J /c\(\G (\.~cf'
o J
Ot~er Work Experience:
, ._OesIJ n
f;V<'"tA,~c{"\ Mev'do I
( . \oJ
, rYL~ L I ( G:.:..:;1. t. c <;
J~a (tl, N"-t\(7~J~~rr'~
If retired, foxmer oc~~pat~on
AliA
/
Community Activites:
Other In terests : .
.
L c.. k,~ ~;,,, ~c Ir~ E VY1 c9 1'1+
':
Eoard Service (cur=ent and past)
\\J / ft
I
Board Preference:
Addi t.iona~ Comments: J:- V\-I,:; .,.~ .< i/-el
Signed: fl.\~~~~
I n j-l cIA. ~i ^ ~ Pt-I.A.:IJ....or;+\ C:L~C:.,rd" CD 8c~J)
~ J /PIe<.I1; 2Cf7;"j
Date: 7 -,,< )-9.d-
Please '.. see attached list for Boards
Disclosure. PT.'R1\SE' RETURN T1O:S FORH TO:
P.O. Box 4748 C~earwater,.FL 34618
that require ,Financ~al
City Clerk's Depa~en~
'J,
. .t.
.'.. ~'''.'. " .. ".',- .
..~., _. I ,.
.~- ... \~~ ....... -:.......~.: "t: r ,.
..
,,.
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
~'
Name /~ J )..\ tvl ~ S
~\ '-7 \, /
\ ')~ -r I " \ (. \~
BECEIVED
2 1993
CITY CLERK DEPf.
~I )-\ \? o.~,;
Home Address:
JI~. \.-VA 'I
-GI--,Wll~' ~A.
Office Address:
Z'P:~+(;, 10
ZIP:
Telephone Lf-+7 .. tf-y y'"3 Telephone
How Long a resident of the City of Clearwater? /...( / ~!11( S
Occupation KC.'-r)'f~C\7 Employer C-i-ry t?j:: f-,l?'7/~N&'G.LE" Y::;~l-.}f-..
( )
Other Work Experience:
~ t: \7 v1"''j ~ j T Y <:::L..r3")~ i<
I .. T
G:.~f. c:. -ri i? tV t:; r' .fue.7" E.IYF~'Rc.e /'VJ2tv)"
Field of Educa tion:
\7u \"77. A. T] Iv).
If retired, former occupation \/2 'P'v-r.~. &1 '-I-f '-C;L'~r:.~
. . I
Community Activites: '? ~.....',. .''\ I ~- ./':"'. tJ"'
Other Interests:
,Board Service (current and past)
Additional Comments:
Board Preference:
r::~ ).\ t<. '7" Rc: e ,
'"
'7t-..M,VN};;~ ~ A~WJ/Vl:?
~t7~G: ~j'yFo)~e.' \3CAR9
7(" 'j J7.. 'J 0 l-9, } \
.
I
Signed:J~~"';:~'- -Da;~: 7-r:-1)
(/" .
Please see attached list for Boards that require Fina.ncial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
..
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
RECEIVED
J U L 2 7 1993
Name
/i?~// ~h
CITY CLERK OEPT.
Home Address: Office Address:
/7'73' ~~h /b/~F~/L2. /3'~2 ;;J",/,w ~.hEE/
('1~;?",pt);?~F/ ZIP:.37"6'-<7" f'7hd"e#;?r(../ r-/. ZIP: .3 .y~.z5
Telephone Telephone -Y-j/tf- t:J/6 7
How Long a resident of the City of Clearwater? ~a y)1s - ~"'AJ dE
,- Occupation /'f,$'o-{.,~/,rt a C",. Employer -4~ !1",/#..,)"if
.
Board Preference:
,( ~,<)/^>f ~ ~~N/,vJ'
/ / .
~ ~A/,'(!/4A/d/ 6rCc~~~~/
/
d
Additional Comments: ~/ ~ r;;. flvr' /1N.:r.. q,{;.4~N /
/ ./
Signed: ~ /' ~ Date: 7-,,2.2-7'3
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FOAM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
Name
~ /-I-J A '-'= -y
J-I-/J-L
,
fY) 0 A. 19- N'
Home' Address:
Office Address:
e;:2)jO WI :tlD~ r/1U) ;? t%.S-?o1=-
# :9"<:J~-
~~f777:--e.. 2IP:3~~3CJ
Telephone Lj' V;;;" - /t, b 0
/:0. 60x
eLL~rm~
y~/s
ZIP: .3 '/b/t::Y'
Telephone
~9~ - 78..3S"
r;;;2::2.. -; 1.:= ~ ~
o G: .t-r t::: rn,o ~ to "7 i:;:- D
How Long a resident of the City of Clearwater?
Rc..i...c:
Occupation ~;v~uJ-,/}-;,JT, Employer
Field of Education:
Other Work Experience:
13 .;9. ~GGI.~ t::St.:7! t/I Ct.::.-
/+D'n//V' sr~/9-na~
/ 0 1l=~,-<;
.rIc"/;j'/I 60~ L;T ~o,( S~(-''';
If retired, former occupation
II
, I
Community Activites: ClifilA.
/I~' D /J )' 0 tV 771 c- -/.:stfi.,.JoS
?11~T fY~ t:-s,a-NT
. .
20AJ719- or
~~/l:~ r:,:V4:E~.s &'
Other Interests:
Board Service (current and past)
COI>1~/V,,'I,/ I< c:Lr=f7ll:J/vS.
eo/'t7C- 0
Board Preference:
C)
@
fJv l<-S 1:11 CJ
?,U1-NrzI) .~ t/ y
A77j a~i7;/
.<..01\.1/ -AI ~
Additional Comments: ..:.L-r I' S 06(/ ~.J.... j ~s ..s /,.:vc ~ -/..- c:St:.?<: v'~-t:)
C!>N b C/77'. C3o~CJ /}NO -r- w/.s;r 70 Si::::.7!:..t.li='" 7//1::.-
~. ,/ rei ~ .. /1/. 7/1-1$ C/Y1",IJ-e.,-'77) O/!jCc-- ~o,e 17
Signed. _~-,,-/~ /j--L/ Date: ~,;<o,U3
/q?/~ .
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
CITY OF CLEARWATER
'"'I~- "
~' .:=@Ii:;/,.--'
u '.:: ~ 1.=:" .' - J-""
f MAR 0 2 C~9~;~71fJli:
I - -J
_CITY C~~~. h~;~T. /
-................
Application for Advisory Boards
.~ (must1be Clearwater resident)
Name D2.erJDA: b~rtf(..e,s tJlyoJ
Hq~';'ddrpl~;ell4S ~-f,
~/-e,tL(ftudvr FL 34 C, I ~
Te lepho1).e If J '1 -/00 :::L-
Office Address:
Telephone
How Long a resident of the .City of Clearwater?
Occupation -PJto.f~lw /L;)ra~ Employer
, I
I~ L/~~r$
. I
~f~
Field of Education:
\ Ii l .5oc 7 0 I 0
Other Work Experience:
. '"' . .
(' /2./1?l1 AJ(J(.. 0; - P I.t. b Ii c. r ",I a h ~s
If retired, former occupation
Conununi.ty Acti vi tes : L ell J 'f! y,\ J.....t r f!........e II as - ~ C.t7 4 sr
~~ j/JIC/}-a. htldnl) ;:/~/~a;/.u- V.L.e cP;c. k;..,
Other Interests: ,cfy /!!4 ) _<il.f /'i.2:::t
Board Service (current ind ~) ~;ard Preference:
Pll0tn! tj +- 2-rrtL-r;j - t ~r<;, P(~ ... 2M ~
C I>t. i 5 ~ c:i o.vl '1 3 1"'-'1-15 I ) . --J.
Signed:
-b-?~~.j; I~ -remfrLG /
-:!-C? - ~ /, /} / / . MOl
. Date: /;:j j _ 1 z. ~G/)-.. 7~ " ;:.
~~
that require Financial
City Clerk's Department
Additional
Please see attached list for Boards
Disclosur. PLEASE RETURN THIS FORM TO:
P.O. Box 4748 Clearwater, FL 34618
...., ~~. -:' . :" I .~:--'."" ... . .....-:...._~.. ~.......:~..;.~;:.~.t; t.~'t...../ .':,.~i:",". to
.... ..; ..;. . .....":"'~u.~_,." .:-__".-,...!" ....~.. _..... __._ '''-__.''''
. " . ~ .. "t'.. '. .0' - '. ~ .
.a ..'
-
...;'
C!TY OF CL2.ARWATER
.;
Appl~cation for Advisory Boards
(must be ClearNa~er resident)
Name' P ,'\ N. U.,- S li ,~ ~. if V1 ~ II J
i,iome ..Add:res;.;,.190~ 4 u~ lqt/
( lei (, 1- 9 L-l SIC, th 41) -il'1_1~
- /7 /
~ -\J j ~Vv'~ ~e ?, 'I ~ '~ li
Tele9hone ,('; b -) 1~ V
J
How Long a resident of the City of Clearllater?
Office Address:
N___t(.'~ d~
Telephone
t r \H~
'.
Occupation
1'\
t1..iXJ ~ ~
Employer
Field of Education:
{~~c.. al:_..,;c-L~~ r ~c ovtc:~~
L
Mv+ 'D,~~ (lcY,VY1..
at.~er Work Experience:
~"t'(Ju1'1 ~Y'h-l.~v;.t..~ lJer,d- '1
, I L ' j
P~...Q.tt t w cJ G-t I Cug, '1 !) \.. t 1CV! 7 v-1 {
L. L '
If retired, fo~er occupation
flc. ( v twv& l ......, IYJ~ (J,vu;t q '" ,. D t., p J i Co ---t 1IYl.l ".x . c:J'
o "LJ ~ ~L.v. ~~ D<-ri-I- D<,fltoJ- flAA.....0-
Commun~ty ActLvites:
('~ ~~, J. ..!4J
ha.11 " ,j}'(\n (7 .>
~~~ ' ~ . 't:.""^-1.~~,,
IJ d!2...~ ~
Board Pre~erence: '
"
Other In terests : et.-("\ "~^,,/h
I
Board Service (~~ent and'past)
f?QcJ-.. ~
Q.c; 'W'~'L...o..v~ 1J.JJ?I~
Q~~\c-.~~. QI'L;,,~
I
p~ " ~
~g~ \ \~,
V J
~-"l-1\
I .
J:uv,~_ 'V1~
\ Vi.'6!"- ~ \
Signe :
Date:
Please '\see attached list for Boards
Disc~osure.. PT,'F.~5E:RETt1RN THIS FORM TO:
P.O. Box 4748 ClearNater,.n 34618
that require. Financial
City Clerk's Department
BEttIV!D
MAR D a 19S1
C1T'(. CLERK
" -..." ...... ..... .' -. p',..
. . --
.i' .'..:.......~ ::'J ..:.. ,,"':" -,,,.oP .; .:;:P: :~..--:...'~'''..
. _.o., #'_. 4;*_."". . .'~'" --:'....~:.. :r',,-:,- .... ,"
. .i
"
I
. . I" -. ..' . f . . . .' ., . .
r""'"
,..
.
..... ...a:,...
.
'!
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
OCT 14 1993
CITY CLER K DF.Pt
Name
:J)~ LfJl-f I AI ~
PULLA~
Home Address: Office Address:
;;J,&,la3 ~A8A-l ';}Pt/JJGS: (!/er!.'-~~i D~
C.Lz.4.e \JAR!2- ZIP: 3'~t;.;2./
ZIP:
Telephone 7q 7 - 7 3 7D
Telephone ,
How Long a resident of the City of Clearwater? 1 ~~
Occupation f(f., TI R t))
Employer
Field of Education:
Other Work Experience:
13{)~( N E..fS ~ .4.1J/f)! lv' p
VAl/V. of bUfrALo
It I<.5~JJNf.L ])il2.. 4ssr -!)/v'iO tv ~KiJij)~
(!(C'i.j)fT ANA/..ys.,.. CA-lJ)oRvj.Jj)u!Y1 el)
/
If retired, former occupation SS-L F ... ~ M{J 1-0 V c j)
/
Community Activites: fJoPrRD oF- j)/R.~(!.ne.5 fA./fJJD.5 OF TII-~
. .
(t,L. t AR.iVdTV- u 8/Ldy
Other Interests: r.!/ t) Ie AFPA / R-S
,Board Service (current and past)
Board Preference:
PLANNl NG + 20NltJ ~
,/vfUNI<2.JPAL CObf. 2.rJF'o RQ.'iM'iA/T
Additional Comments:
Signed:~~.v..... Date: .~. ~'f, / 11 -?
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
" :-:
. .
, ,.
.~.. .
.
. .
. -
, .
-.:.v: .1
" " I
CITY OF CLEARWATER
RECEIVED
JUN 2 8 1991
CITY CLERK
Application for Advisory Boards
(must be ClearNater resident)
Name' CLArle~ Rl V~VS ·
Home Address:
)3 Y 1 f::a l VI tyl "VI +- &d-
el t"sva kr
Office Address:
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Additional
Signed:
Date: ~/.). '" /7/
Please ',see attached list for Boards that require Financial
Disclosure. PI,~:A5E RETURN THIS FORM TO: , City Clerk' S Depar-~ent
P.O. Box 4748 Clearwater, ,FL 34618
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CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
Name
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Home Address:
55 Rn Jr". ~~ ~5f-) .;j;j:.ZD(,
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If retired, former occupation C /\ill E (].J I ~ ~ F: ,- - w g.tp.,- ';5"': 5 e LV e ray e.
Community Activites:
Other Interests:
,Board Service (current and past)
Additional Comments:
Board Preference:
/1) Lt. t1 (C/ f?a J ~de E n-fo rcemeVl+ BCd....)
Plann I n'J G-zPl1l, f3Mr-~
Date: CT;J n ~ Z 3) I q 9 '3
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
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Name [,.v1 I ///4 IV] /,,: J
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
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RECEIVED
AUG 1 1 1993
CITY CLERK DEPT.
Home'Address:
Office Address:
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How Long a resident of the City of Clearwater?
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Signed: AJ., ,it; /A../.p~ Date: (::61<79 !<7"?
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Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
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AGENDA
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TO:
FROM:
RE:
DATE:
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Si. (Of;), '/93
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shores
Dunedin
Gulfport
Indian Rocks Beach
Indian Shores
Kenneth city
Largo
Madeira Beach
North Redington Beach.
Oldsmar
Pinellas Park
Redington Beach
Redington Shores
st. Petersburg
st. Petersburg Beach
Seminole
South Pasadena
Tarpon Springs
Treasure Island
$ 5.00
20.00
15.00
2.00
5.00
5.00
15.00
10.00
10.00
5.00
15.00
10.00
8.00
15.00
15.00
10.00
7.50
15.00
5.00
15.00
5.00
15.00
M E M 0 RAN DUM
The Honorable Mayor and Members of the city commission
Robert J. Surette, Assistant City Attorney, Police
Legal AdVisor~
Increasing the Overtime Parking Fine and Imposing
Surcharges on Parking Fines
September 24, 1993
,;1
Attached please find an ordinance increasing Clearwater's
overtime parking fine from $5.00 to $10.00. The last increase
occurred in June of 1983 when the fine was increased from $2.00
to $5.00. From November 1, 1992 through April 30, 1993, the city
received $93,160.45 in overtime parking fines.
The rationale for increasing Clearwater's overtime parking fine
from $5.00 to $10.00 is that Clearwater's $5.00 fine is below
that of other municipalities within pinellas County. The current
overtime parking fines for other municipalities within Pinellas
County are as follows:
>1
The ordinance also imposes a $5.00 surcharge on all parking
fines. In 1992, the Florida legislature amended section 316.660,
Florida Statutes, to grant authority to municipalities to impose
a surcharge on parking fines for the sole purpose of funding
school crossing guard programs. The funds may also be used for
program start-up costs and recurring administrative expenses
related to the implementation of the program.
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The rational for imposing a $5.00 surcharge on all parking fines
to fund the school crossing guard program is as follows:
(1) The total cost of the school crossing guard program for
the current fiscal year is $178,020, which is allocated as
follows:
Salaries
Uniforms and equipment
Social Security
Workman's Compensation
Appreciation Dinner
Miscellaneous Supplies
$143,910.00
9,500.00
11,010.00
11,100.00
1,500.00
1,000.00
(2) During the 1991-1992 fiscal year, the City issued
approximately 42,000 parking tickets; the same number is
projected for the current fiscal year. A small percentage of
those tickets, however, were voided usually because the parking
meters were defective.
(3) Therefore, a $5.00 surcharge should generate enough
revenue to fund the school crossing guard program and provide for
the hiring of additional crossing guards to increase the
effectiveness of the program.
The proposed increases are offered as suggestions for discussion
purposes only.
Copy:
M. A. Galbraith, City Attorney
Michael Wright, city Manager
Sid Klein, Chief of Police
Betty Deptula, Assistant City Manager '.
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ORDINANCE NO.
5473 -93
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO TRAFFIC AND MOTOR
VEHICLES; AMENDING SECTION 30.057, CODE OF
ORDINA~CES, TO INCREASE THE FINE FOR OVERTIME
PARKING FROM $5.00 TO $10.00; ADDING A NEW
SUBSECTION (9) TO SECTION 30.057, CODE OF
ORDINANCES, TO PROVIDE FOR A $5.00 SURCHARGE
ON ALL PARKING FINES TO BE USED TO FUND THE
SCHOOL CROSSING GUARD PROGRAM; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, a majority of municipalities within Pinellas County
impose an overtime parking fine of at least $10.00;
WHEREAS, the Florida Legislature amended section 316.660,
Florida statutes (1992 Supp.) to grant authority to
municipalities to impose, by ordinance, a surcharge on parking
tickets for the sole purpose of funding school crossing guard
programs;
WHEREAS, the statute requires that the surcharge shall be
placed in a trust fund established by the City commission and
~hall be distributed quarterly to fund the school crossing guar~
program; now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
section 1. Subsection (1) of section 30.057, Code of
Ordinances, is amended and a new Subsection (9) is added to
section 30.057, Code of ordinances, to read:
Sec. 30.057 Fines.
Any person who violates any of the provisions of this
article shall be subject, upon conviction, to a fi.ne as follows:
(1) Overtime ~~vcrtime parking, whether
metered or unmetered... .......
$10.00
5.00
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(2) Improper All improper parking,
including but not limited to
taking two spaces, left side to
curb, parallel in diagonal space,
diagonal in parallel space,
backing into space, more than
maximum allowed from curb. ....
$15.00
$15.00
(3) Double parking................
(4) No parking zone, including
but not limited to parking
without permit, near fireplug,
in reserved space, in alley,
on sidewalk, near railroad,
near intersection, in
driveway, loading zone, over
curb in parkway....... . . . . . . .
$15.00
$10.00
$10.00
$100.00
(5) Motor running, no attendant..
(6) Keys in ignition.............
(7) Handicap parking space.......
(8) Any other violation of this
article. . . . . . . . . . . . . . . . . . . . . .
$15.00
ill. In addition to the other penalties provided f.or herein
there is hereby imposed a surcharqe of $5.00 on all parkin9 fines
to be used for fundinq a school crossing quard program. This
surcharge shall be paid by the clerk of the circuit court into
the school crossin9 guard trust fund. a special revenue fund
maintained by the city. Funds collected from this surcharge
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shall be distributed quarterly to fund a school crossing guard
program as authorized by section 316.660(3)
Florida statutes
(1992 SUpp.).
section 2.
This ordinance shall take effect immediately
upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-commissioner
Approved as to form and
'correctn
Attest:
LAAL
M. A. Galb
city Attar
Cynthia E. Goudeau
city Clerk
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ORDINANCE NO. 5490-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO "ADULT
USE ESTABLISHMENTS; II CREATING A NEW ARTICLE V WITHIN CHAPTER 41,
.CODE OF ORDINANCES, TO ESTABLISH REGULATIONS FOR THE OPERATION OF
CERTAIN KINDS OF BUSINESS ESTABLISHMENTS; ADOPTING A STATEMENT OF
PURPOSE AND LEGISLATIVE FINDINGS; DEFINING TERMS; ESTABLISHING
MINIMUM DISTANCES AND OTHER LOCATIONAL REQUIREMENTS; PROVIDING FOR
THE AMORTIZATION OF NONCONFORMING ADULT USE ESTABLISHMENTS;
REQUIRING CERTIFICATES OF COMPLIANCE OR PROVISIONAL CERTIFICATES OF
COMPLIANCE AND ADULT USE LICENSES FOR ADULT USE ESTABLISHMENTS, AND
ESTABLISHING REQUIREMENTS FOR FILING, REVIEW PROCEDURES, AND OTHER
REQUIREMENTS; PROVIDING FOR HARDSHIP RELIEF; ESTABLISHING
OPERATIONAL REQUIREMENTS; PROHIBITING CERTAIN CONDUCT BY OPERATORS
OF ADULT USE ESTABLISHMENTS, BY THEIR EMPLOYEES, AND BY PATRONS
WITHIN ADULT USE ESTABLISHMENTS; ESTABLISHING HOURS OF OPERATION;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE SUSPENSION OR
REVOCATION OF ADULT USE LICENSES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Clearwater, Florida (the "City
Commission"), has considered the following reports, studies, and judicial
opinions concerning the adverse secondary effects of adult uses on the community:
(a) Findings of the City Planning Commission for the City of New YOrk
dated January 26, 1977.
(b) Report On Zoning and Other Methods of Requlatinq Adult Entertainment
in Amarillo rTexasl, dated September 13, 1977.
(c) Northend Cinema Inc. v. Seattle, 90 Wash.2d 709, 585 P.2d 1153
(1978).
(d) Requlation of Criminal Activity and Adult Businesses,
City of Phoenix, Arizona, May, 1979.
(e) Report to the City Planning Commission and City Council from the
Planning Department of the City of Beaumont, Texas, dated September 14, 1982.
(f) Leqislative Report on an Ordinance AmendinQ Sect.ion 28-73 of the Code
of Ordinances of the City of Houston, Texas: ProvidinQ for the Requlation of
Sexually Oriented Commercial Enterprises, Adult Bookstores. Adult Movie Theaters
and Massage Establishments: and Makino Various Provisions and FindinQs RelatinQ
to the Sub.iect, a report prepared by the Committee on the Proposed Regulation of
Sexually Oriented Businesses, dated 1983.
(g) Adult Entertainment Businesses in Indianapolis, an analysis prepared
by the Department of Metropolitan Development, dated February, 1984.
(h) Adult Entertainment Business in Oklahoma City, A Survey of Real
Estate Appraisers, a report prepared by the Community Development Department of
the City of Oklahoma City, Oklahoma, dated March 3, 1986.
(i) Report on Adult Oriented Business in Austin, a report prepared by the
Special Programs Division of the Office of Land Development Services of the City
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of Austin, Texas, dated M~y 19, 1986.
(j) Summary of 1 and use stud i es on secondary effects of adu 1 t uses
conducted by Garden Grove, California; Whittier, California; Cleveland, Ohio; and
Los Angeles, California.
(k) Summary and presentcltion of Pinellas County Sheriff's Officers'
report detailing the criminal activities associated with adult uses in Pinellas
County, which was presented to the Board of County Commissioners at a public
hearing on June 16, 1987, during which Pinellas County Ordinance 87-45 was
adopted.
(1) Sllmmary of Pinellas County Sheriff's Incident Reports compiled for
a public hearing before the Board of Pinellas County Commissioners on July 10,
1990; and
~'JHEREAS, the City Commission has determined that this Ordinance is
necessary to prevent crime, protect the City's retail trade, maintain property
values, and protect and preserve the quality or the City's neighborhoods,
cOllllllerciil1 districts, and the qual ity of urban life;
WHEREAS, the Surgeon General of the United States in his report of October
22, 1986, has advised the Amer ican publ ic that HIV (Human Immunodefic iency Virus)
and AIDS (Acquired Immune Deficiency Syndrome), the late stage of infection with
the H IV vi ru s, may be tranSIlI it ted through sexua 1 contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected mother to
her newborn;
WHEREAS, according to the best scientific evidence, AIDS and HIV infection,
as wel"1 as syphilis and gonorrhea are principally transmitted by sexual acts;
vJHEREAS, according to the best scientific evidence, numerous other diseases
and infestations, including chlamydia, pelvic inflammatory disease, chancroid,
herpes, hepatitis 8, lymphogranuloma venereum, granuloma inguinale, genital
warts, trichomoniasis, scabies, pediculosis, amebiasis, giardiasis, and others
are transmitted by sexual acts;
vlllEREAS, sanitary conditions in some Adult Use Establishments are
unhealthful, in part becrlllse of the unregulated nature of the activities, because
of the failure of owners and operators of the facilities to self-regulate those
activities, and because of the frequent substandard construction and maintenance
of those facilities;
HHEREAS, the United States Centers for Disease Control have issued
universal precautions, including housekeeping and disinfection guidelines for the
prevention of transmission of the HIV virus and other diseases, ~hich guidelines
should be followed by Adult Use Establishments;
\~HEREAS, Sexually Transmitted Disease Clinic patients interviewed by
Disease Intervention Specialists of the Pinellas County Health Department have
admitted sexual contacts with patrons and employees at various Adult Use
Establishments;
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WHEREAS, employees of adult use establishments engage in a higher incidence
of certain types of sexual behavior than employees of other establishments
including offering to perform sexual acts;
WHEREAS, sexual acts are a regular occurrence at the adult use
establ ishments, especially in private or semi-private booths or cubicles for
viewing films or live performances depicting specified anatomical areas and
specified sexual activity;
WHEREAS, offering and providing such space, areas, and rooms where such
activities take place creates conditions that generate prostitution, lewd and
lascivious conduct, and other crimes, thus promoting the spread of communicable
diseases and infestations and posing a threat to the health of employees,
patrons, and the public;
WHEREAS, persons frequent certa in adu 1 t theaters for the purpose of
providing sex within the premises of such adult theaters;
WHEREAS, staff members of the Pinellas County Sheriff's Office and the
Pinellas County Health Department have found semen in the areas of Adult Use
Estab 1 i shments where person s view adu 1 t-or i ented films or wi tnes s sexua 11 y
explicit live entertainment;
WHEREAS, mingling and sexual contact between patrons and employees in Adult
Use Establishments is generally initiated by the exchange of money and may
reasonably be expected to serve as an opportunity to sol icit for and an
inducement to agree to unprotected sexual activity, including but not limited to
prostitution, and thus poses a threat to the health of both groups and promotes
the spread of communicable diseases and infestations;
WHEREAS, Pinellas County has experienced an increasing number of reported,
cases of AIDS;
WHEREAS, when the previously described activities characteristic of Adult
Use Establishments are present, other activities which are illegal Qr unhealthful
tend to accompany them, concentrate around them and be aggravated by them,
including but not limited to prostitution, pandering, solicitation for
prostitution, lewd'and lascivious behavior, exposing minors to harmful materials,
and possession, distribution and transportation of obscene materials;
WHEREAS, the City Commi ss ion recogn i zes that Adu 1 t Use Estab 1 i shments
affect surrounding sites in a deleterious manner, particularly when several adult
uses are concentrated, and that special regulation of these uses is necessary to
insure that these effects will not contribute to the blighting or downgrading of
the surrounding neighborhood;
WHEREAS, the City Planning and Zoning Department has conducted a study to
determine the amount of available land area within the City for adult uses after
the adoption of this Ordinance. This study has found that given the dense
population of the City, distance requirements of 300 feet between adult uses and
residentially zoned property, a church, a school, or a public recreation area
provide a sufficient area in which adult uses could be located in compliance with
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constitutional requirements. The City Commission, therefore, finds that the 300
foot distance requirement is a reasonable balance between the concern for the
public health, safety and welfare of the citizens and a constitutionally mandated
need to provide a sufficient area for adult uses to be located;
WHEREAS, the City Commission has determined that adult uses should be
dispersed rather than concentrated and finds that a minimum distance of 1,000
feet between adult uses serves an important function in preventing the
concentration of adult uses. The City Commission, therefore, finds that the
1,000 foot distance requirement is a reasonable balance between the concern for
the public health, safety and welfare of the citizens and a constitutionally
mandated need to provide a sufficient area for adult uses to be located;
WHEREAS, the City Commission has determined that a one-year amortization
period for non-conforming adult uses is reasonable in that the premises affected
by this Ordinance are readily adaptable to conforming uses; now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A new Article V, consisting of Sections 41.501 through 41.603,
is added to Chapter 41, Code of Ordinances, to read:
CHAPTER 41. SPECIAL LAND USES
ARTICLE V. ADULT USES
DIVISION 1. GENERALLY
Sec. 41.501. Title.
This Article, as added to the Clearwater Code of Ordinances by Ordinance
5490-93, and as the same may be amended from time to time,' may be known and cited
, as the "Adult Use Regulation Ordinance. II
Sec. 41.502. Construction.
The Adult Use Regulation Ordinance shall be broadly construed to accomplish '.
its purpose of regulating adult uses and related activities.
Sec. 41.503. Purpose.
The purpose and intent of the City Commission in adopting the Adult Use
Regulation Ordinance is to establish reasonable and uniform regulations that will
protect the health, safety, and general welfare of the residents of the City.
The provisions hereof, alone or together with other applicable ordinances, are
not intended to have the effect of imposing a limitation or restriction upon the
content of any communicative materials, including adult materials. It is not the
intent of this Article to restrict or deny access by adults to adult materials
or express i on protected by the First Amendment, or to deny access by d i stri butors
and exhibitors of adult uses to their intended market, nor shall this Article be
construed as having such effect. Rather, it is the intent of this Article to
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regu 1 ate the secondary effects of adu 1 t use estab 1 i shments upon the pub 1 i c
health, safety, and general welfare, and to impose only incidental restrictions
on First Amendment freedoms which are no greater than are essential to the
furtherance of such intent.
Sec. 41.504. Legislative Findings.
The City Commission finds and declares that:
(1) The findings set forth in the preamble to this Ordinance (Ordinance
5490-93) are incorporated herein by reference.
(2) The concerns raised in the findings incorporated by reference in
subsection (1) raise substantial governmental concerns.
(3) Adu 1 t use estab 1 i shments have operat i ona 1 characteri st i cs that s hou 1 d
be reasonab ly regu 1 ated in order to protect those substant i a 1 governmental
concerns.
(4) Requiring adult use establishments to obtain an adult use license is
an appropriate mechanism to ensure that the adult use establishment is operated
in a manner consistent with the health, safety and welfare of its patrons and
employees as well as the residents of the City and the public at large. Among
other th i ngs , it is appropr i ate to requ ire reasonab 1 e as surances that the
applicant is the actual owner or operator of the adult use establishment, fully
in possession and control of the premises and the activities occurring therein.
Moreover, because a substantial relationship exists between adult use
establishments and the commission of sexually related crimes on the premises of
those businesses, a substantial justification exists for barring those
individuals convicted of certain sexually related crimes from managing adult use
establishments until a limited disqualification period has transpired in which
those individuals have demonstrated that they are no longer criminally inclined
to commit certain sexually related crimes.
(5) Adult use establishments are a pervasively regulated industry making
reasonable inspections and administrative searches necessary to enforce
regulatory standards.
(6) Removing doors on adult booths and requiring sufficient lighting in
adult theaters advances the substantial governmental interest in curbing the
illegal and unsanitary sexual activity occurring' at adult theaters.
(7) The prevention of sexual contact between patrons and employees at
adult use establishments is unrelated to the suppression of free expression, but
serves to ,address the concerns raised in the findings contained herein.
(8) Separating dancers from patrons and prohibiting dancers and patrons
from engaging in sexual fondling and caressing in special cabarets would reduce
the opportunity for prostitution and thus should deter prostitution and the
spread of communicable diseases and infestations. Although a dancer's erotic
message may be slightly less effective when viewed from the minimum distance
prescribed herein, the ability to engage in the protected expression is not
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significantly impaired.
(9) Requiring that the facilities of adult theaters be constructed of
materials that may be cleaned easily, that the facilities be cleaned on a regular
bas is, and that the emp 1 oyees clean i ng the f ac il it i es take reasonable precaut ions
to avoid contact with possible disease-transmitting media is reasonably related
to the protection of both emp loyees and patrons from sexua lly transmitted
diseases.
(10) Requiring operators of adult use establishments to keep information
regarding current employees and certain past employees wi 11 help reduce the
incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by'preventing minors from
working in such establishments.
(11) The disclosure of certain information by those persons ultimately
. responsible for the day-to-day operation and maintenance of the adult use
establishment is substantially related to the significant governmental interest
of reducing or el iminating the criminal activity associated with adult use
establishments.
(12) It is desirable in the prevention of the spread of communicable
diseases and in the investigation of criminal activity to obtain a limited amount
of information regarding certain employees who either engage in the conduct that
this ordinance is designed to prevent or are likely to be witnesses to such
activity.
(13) Although the weight of evidence shows that adult bookstores or video
stores selling or renting only adult material and having no adult booth/theater
component have similar secondary effects as other adult uses, such bookstores or
video stores do not promote the transmission of sexual diseases on the premises.
Therefore, an exemption for such limited adult establishments from some of the
requirements, but not the locational requirements of this ordinance, is
appropriate.
Sec. 41.505. Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
"Adult arcade" means a place to which the public is permitted or invited
and where coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show to patrons images whose dominant
or predominant character or theme is the depiction of I/specified sexual
activities" or "spec;ified anatomical areas."
"Adult bookstore or video store" means an establishment that derives more
than half of its gross revenue from selling or renting adult ~aterial, or an
establishment for which more than half of its stock in trade consists of adult
material. In measuring stock in trade for the purpose of this definition, the
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number of units of articles available for sale or rent shall be counted. Any
"adult use" activity occurring on the premises other than the sale or rental of
adult material shall preclude the establishment's qualifying solely as an "adult
bookstore or video store" and shall require the classification of the
establishment as an adult use other than an lIadult bookstore or video store."
"Adult booth" means a separate enclosure inside an "adult use
establishment," accessible to any person, regardless of whether a fee is charged
for access. The term "adult booth" includes, but is not limited to, a "peep show"
booth, "adult arcade" booth, or other booth used to view "adult material." The
term II adu 1 t booth II does not i nc lude a restroom or a foyer through whi ch any
person can enter or exit the establishment.
"Adult material" means anyone or more of the following, regardless of
whether it is new or used: books, magazines, periodicals or other printed matter,
paintings, drawings, or other publications or graphic media, or photographs,
slides, transparencies, films, motion pictures, video or audio cassettes, video
or computer disks, or other visual or audio representations or recordings, or
computer data storage media, which have as their primary or dominant theme matter
depicting, illustrating, describing or relating to "specified sexual activities"
or "specified anatomical areas; II or instruments, novelties, devices or
paraphernalia which are designed for use in connection with "specified sexual
activities."
"Adult modeling or activity center" means an establishment, other than an
"adult bookstore or video store," "adult photographic studio," "adult theater, II
or "special cabaret," where one or more employees model, demonstrate or present
any object for sale, or provide any service to patrons, while the employee or
employees exhibit "specified anatomical areas."
"Adult photographic studioll includes any business establishment which
offers or advertises as its primary business the use of its premises for the
purpose of photographing IIspecified sexual activities" or "specified anatomical
areas. II
"Adult theater II means an enclosed building or an enclosed space within a
bu i 1 ding, or an open-a i r area u sed for present i ng as a preponderance of its
entertainment, films, motion pictures, video cassettes or disks, slides or
similar photographic reproductions, recordings or other audio matter, or live
,plays, dances, or other performances, either by individuals or groups, whose
dominant or predominant character or theme is the depiction or description of
"specified sexual activities" or "specified anatomical areas" for the
entertainment of patrons therein. The term includes, but is not limited to, an
establishment that has one or more "adult booths" or an "adult. arcade."
"^dult use" shall be defined to include the terms "adult arcade, II "adult
bookstore or video store," "adult booth, II lIadult theater,1I "special cabarets,1I
lIadult photographic studios," or lIadult modeling or activity centers. II
IIAdult use establishment" means a site or premises, or portion thereof,
upon which "adult usell activities or operations are conducted.
7
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"A 1 coho 1 i c beverage II sha 11 mean a beverage conta i n i ng more than one percent
of alcohol by weight. It shall be prima facie evidence that a beverage is an
alcoholic beverage if there is proof that the beverage in question was or is
known as whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch,
scotch whiskey, brandy, beer, malt liquor, or by any other similar name or names,
or was contained in a bottle or can labeled as any of the above names or a name
similar thereto, and the bottle or can bears the manufacturer's insignia, name,
or trademark. Any person who, by experience in the handling of alcoholic
beverages, or by taste, SlOe 11, or dr ink i ng of such a 1 coho 1 i c beverages ha s
knowledge of the alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcoholic beverage.
"Appl icant" means any person as defined in Section 1.02 who has applied for
a certificate of compliance, a provisional certificate of compliance, or an adult
use license.
"Chapter, II "article, II "division, II "section, II "subsection, II IIparagraph" or
II subparagraph II means a reference to a provision contained within the Code of
Ordinances of the City of Clearwater, unless the context expressly refers to the
Florida Statutes or other document.
"Church" means a premises or site which is used primarily or exclusively
for religious worship and related activities.
"Convicted" means a determination of guilt resulting from a plea or tria',
regardless of whether adjudication was withheld or whether imposition of sentence
was suspended.
"Development code administrator" means the person appointed by the city
manager pursuant to Section 36.031 of the city code, or any person designated to
act on behalf of the development code administrator. '
"Employeell means a person who works or performs or provides services in
connection with an lIadult use establishment, II regardless of whether said person
is paid a salary or wage, or is an independent contractor, provided such person
has a relationship with the business of or entertainment or services provided by
the adult use. The term includes, but is not limited to, performers, managers,
assistant managers, stock persons , tellers, entertainers, bartenders, disc
jockeys, sales clerks, ticket takers, waiters or waitresses, doormen, movie
projectionists, and dancers. The term is not meant to include repairmen,
janitorial personnel, or the like, who are only indirectly involved in
faci litating the operation of or entertainment or services provided in the "adult
use establishment. II
IIEstablished or commenced business" means one of the following:
(a) Properly licensed and open to the public for business on or before
October 18, 1993, and offering one or more activities or entertainment fitting
the definition of "adult use;"
(b) Possessed a current, valid and unexpired occupational license on or
before October 18, 1993, for one or more activities or entertainment fitting the
8
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definition of "adult use;" or
(c) Submitted, on or before October 18, 1993, a complete and acceptable
conditional use application or a building permit application on which the
appl icant stated that the proposed use was for one or more activities or
entertainment fitting the definition of "adult use.1I
"Florida Statutes" means the general law of Florida and any amendments
thereto enacted by the Florida Legislature prior to or during the regular session
of 1993 and still in effect, and any amendments thereto which may be enacted
after the adoption of this Ordinance.
"Law enforcement officer" means any person who is appointed or employed by
the City, who is vested with authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or the
enforcement of the criminal or traffic laws of the state.
"Licensee" means any person whose application for an "adult use" license
has been granted and who owns, possesses, operates, and controls the "adult use
establishment. II
"Non-conforming adult use establishment" means an "adult use establishment"
that has established or commenced business at its existing location prior to
October 18, 1993, and that is not in conformity with the locational requirements
of this Ordinance.
"Operator" means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an "adult
use establishment," including but not limited to, the licensee, manager, doorman,
bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or other
employee.
"Ordinance" or "this Ordinance" means this Adult Use Regulation Ordinance
(Ordinance 5490-93), unless the context clearly indicates otherwise.
"Patron" means any natura 1 person present on the "adult use" premises other
than an operator or employee.
"Person" means as defined in Section 1.02.
"Private performance" means the display or exposure of any "specified
anatomical area" by an employee of an "adult use establishment" to a patron while
the employee is in an area not accessible during suth display to all other
persons in the establishment, or while the employee is in an area in which the
employee is totally or partially screened or partitioned during such display from
the view of all persons outside the area.
"Public recreation area" means a tract of land which is used for a public
park or public beach.
"Residentially zoned property" means any parcel of property located in a
zoning district for which the zoning district regulations are contained in
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Divisions 2 through and including 12 and the Residential Planned Development
District described in Division 13 of Article II of Chapter 40.
"School" means a premises or site upon which there is a public or private
child day care facility, elementary school, junior high school, middle school,
senior high school, or exceptional learning center. However, the term "school"
does not include a premises or site upon which there is an institution devoted
solely to vocational or professional education or training or an institution of
higher education, including, but not limited to, a community college, junior
college, four-year college or university.
"Special cabaret" means any bar, dance hall, restaurant, or other place of
business which features dancers, go-go dancers, exotic dancers, strippers, male
or female impersonators, or similar entertainers, or waiters or waitresses that
engage in "specified sexual activities" or display "specified anatomical areas.1I
"Specified anatomical area" means:
(a) Less than completely or opaquely covered:
1. Human genitals or pubic region; or
2. The entire cleft of the male or female buttocks. Attire that
is insufficient to comply with this requirement includes, but is not limited to,
G-strings, T-backs, and thongs; or
3. That portion of the human female breast directly or laterally
below a point immediately above the top of the areola; this definition shall
'include the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast exhibited by a
dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided
the areola is not exposed.
(b) Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
"Specified criminal act" means:
(a) An offense under Chapter 794, Florida Statutes (relating to sexual
battery) ;
(b) An offense under Chapter 796, Florida Statutes (relating to
prostitution);
(c) An offense under Chapter 800, Florida Statutes (relating to lewdness
and indecent exposure);
(d) An offense under Chapter 847, Florida Statutes (relating to obscene
materials); or
(e) An offense under an analogous statute of a state other than Florida,
or under an analogous ordinance of another county or city.
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"Specified sexual activity" means:
(a) Human genitals in a state of sexual stimulation, arousal or
tumescencej or
(b) Acts of anilingus, bestiality, cunnilingus, coprophagy, coprophilia,
fellation, flagellation, masochism, masturbation, necrophilia, pederasty,
pedoph i 1 i a, sad i sm, sadomasoch i sm, sapph i sm, sexua 1 intercourse, sodomy, or
urolagnia; or
(c) Fondling or other erotic touching of human genitals, pubic region,
buttock, anus or female breast; or
(d) Excretory functions as part of or in connection with any of the
activities set forth in paragraphs (a) through (c) of this definition.
Sec. 41.506. Regulation of Obscenity Subject to State Law.
It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by state law, including
Chapter 847, Florida Statutes.
Sec. 41.507. Regulation of Massage Establishments Subject to State Law.
It is not the intent of the City Commission to legislate with respect to
matters of massage establishments. These matters are regulated by the Florida
Department of Profess i ona 1 Regu 1 at i on, Board of Ma ss age, and by s ta te 1 aw I
Chapter 480, Florida Statutes.
DIVISION 2. LOCATIONAL PROVISIONS; NON-CONFORMING
ADULT USES; CERTIFICATES OF COMPLIANCE OR PROVISIONAL
COMPLIANCE; HARDSHIP RELIEF
Sec. 41.510. Location of Adult Uses--Minimum Distances; Zoning Districts;
Use Limitations in General.
(1) Adult use establishments shall comply with the following minimum
distance requirements:
(a) No adult use establishment may be located within 300 feet of any
residentially zoned property, church, school, or public recreation area which is
validly located or has previously received legal authority to operate at its
location.
(b) No adult use establishment may be located within 1,000 feet of any
other adult use establishment.
(r.) The distances specified herein shall be measured along a straight
line from tile nearest point of any structure or portion thereof occupied by an
adu 1 t use estab 1 i shment to the neares l property 1 i ne of re s ident i a 11 y zoned
property, church, school, public recreation area or other adult use
establishment. In a multi-tenant or multi-user building, such as a shopping
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center, the distances shall be measured from the unit or closest portion of the
building or structure utilized by and containing or being utilized by any facet
of the adult use establishment.
(2) An adult use establ ishment shall be located only in the highway
commercial district, commercial center district, and limited industrial district,
as defined and described in Article II of Chapter 40.
(3) An adult use establishment shall comply with all applicable
requirements of the zoning district in which the establishment is located or
proposed to be located, in addition to the requirements of this Ordinance.
Nothing in this section shall be construed to permit the operation of any
business or the perfor-mance of any activity prohibited under any other section
of this Ordinance. Nothing in this Ordinance shall be construed to authorize,
allow or permit the establishment of any business, the performance of any
activity, or the possession of any item, which is obscene under the judicially
established definition of obscenity.
Sec. 41.511. Non-Conforming Adult Use Establishments.
(1) Adult use establishments that have established or commenced business
at their existing locations on or before October 18, 1993, and which are not in
conformity with the locational requirements of Section 41.510, may continue to
operate for one year after the effective date of this Ordinance, unless
terminated sooner for failure to obtain the certificates and licenses required
by this Article, voluntary discontinuation of business for a period of 30 days
or more, or suspension or revocation of the adult use license. Such non-
conforming adult use establishments shall not be increased, enlarged, extended
or altered except that the use may be changed to a conforming use. After one year
from the effective date of this Ordinance, a non-conforming adult use
establishment shall be deemed to be operating in violation of this Ordinance.
(2) If two or more adult use establishments are within 1,000 feet of one
another, but both are otherwise in a permissible location, the adult use
establishment which first began continual operation at the particular location
is the conforming use and the later-established adult use establishment is the
non-conforming use.
(3) An adult use establ ishment lawfully operating or permitted to operate
as a conforming use is not rendered a non-conforming use through the subsequent
location of a church, school, residentially zoned property, or public recreation
area.
Sec. 41.512. Application for certificate of compliance or provisional
certificate of compliance; rejection of incomplete application; granting or
denying application; appeal.
(1) No new adult use establishment shall be allowed to commence business
without first obtaining a certificate of compliance and an adult use license from
the development code administrator. Adult use establishments that have
established or commenced business at their existing locations on or before
October 18, 1993, shall submit the application required by this section within
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60 days from the effective date of this Ordinance, and may continue to operate
pending a decision by the development code administrator on such application.
(2) To obtain a certificate of compliance or a provisional certificate
of compliance, the applicant shall provide the following information upon an
application form to be provided for such purpose, accompanied by payment of a fee
in an amount established and determined by resolution of the City Commission to
be reasonably calculated to cover the costs of processing the application:
(a)
(b)
(c) Lega 1 descr i pt i on of
existing adult use, including the
Name, mailing address, telephone number of the applicant;
Street address of the proposed or existing adult use;
the property occup i ed by the proposed or
property boundaries;
(d) A surveyor an accurate scale drawing prepared by a Florida
registered surveyor, architect, or engineer, showing the locations of any
churches, schoo 1 s, res i dent i a 11 y zoned property, and pub 1 i c recreat ion areas
within 300 feet of the location of the proposed adult use establishment, and
showing the locations of other existing adult use establishments within 1,000
feet of the location of the proposed or existing adult use establishment for
which the certificate is being sought;
(e) If the applicant's proposed location is the location of an existing
adult use establishment, the date the existing adult use establishment
established or commenced business including doculnentation of commencement, such
as certificates of occupancy, affidavits, receipts, or business records; and
(f) If the applicant is not the record owner of the subject parcel, a
letter from the record owner containing the notarized signature of the record
owner and stating that the applicant is authorized to seek a certificate of
compliance or a provisional certificate of compliance as an adult use
establishment.
(3) In the event the development code administrator determines that the
applicant has not provided the information and documents required by subsection
(2) of this section, the development code administrator shall send notice to the
applicant by certified mail return receipt requested no later than 15 calendar
days after the date the application was filed, informing the applicant of the
reasons why the application is incomplete. The development code administrator
shall allow the applicant 30 calendar days from the receipt of the notice to
complete the application. The time period for granting or denying a certificate
under subsection (4) of this section shall be stayed during the period in which
the applicant is allowed an opportunity to complete the application.
(4) The deve lopment code adm in i s tra tor sha 11 grant or deny an app 1 i cat ion
for a certificate of compliance or a provisional certificate of compliance within
30 calendar days after the date of the filing of the completed application. The
development code administrator, within 30 calendar clays after the date the
completed application was filed, shall send notice to the applicant by certified
mail return receipt requested of one of the following:
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(a) If the location for a new or existing adult use establishment
complies with the locational provisions of section 41.510, then the development
code administrator shall issue to the applicant a certificate of compliance;
(b) If an existing adult use establishment is a non-conforming adult use
establishment, then the development code administrator shall issue to the
applicant a provisional certificate of compliance; or
(c) If the location of a proposed new adult use establishment does not
comply with the locational provisions of section 41.510, then the development
code administrator shall issue to the applicant a notice of denial, which shall
explain the reason for the denial.
(5) Any applicant aggrieved by a decision of the development code
administrator pursuant to this section shall have the right of appeal to the city
manager. Such appeal shall be taken by filing with the city clerk, within 30
ca 1 endar days after rece i pt of the deve lopment code admi n is trator I s not i f i cat ion,
a written statement setting forth in full the grounds for such appeal. The city
clerk shall forthwith notify the city manager. The city manager shall hold a
hear i ng wi th i n 30 ca 1 endar days after the app 1 i cant files the appea 1. The
applicant shall be given notice of the hearing at least 10 calendar days prior
to the hearing and shall have an opportunity to present evidence on the
applicant's behalf, to cross examine witnesses, and to be represented by counsel.
A written decision by the city manager to affirm or overrule the decision of the
development code administrator shall be made within 10 calendar days of the
hearing and shall be final and conclusive, subject to judicial review by common-
law certiorari in the circuit court for Pinellas County. The city manager may
delegate the authority to hold a hearing and to decide an appeal pursuant to this
subsection to a deputy city manager or an assistant city manager, whose decision
shall be as final and conclusive as if made by the city manager.
Sec. 41.513. Conflicting Applications.
(1) Because the potential exists for the inadvertent
issuance of certificates of compliance or provisional certificates of compliance
to adult use establ ishments that violate the locational provisions of this
article, the development code administrator shall develop a system for tracking
applications and for ranking them by date and time of application and date that
an adult use establishment existing on October 18, 1993, was established or
commenced business.
(2) Between two applications being processed at the same time, the
applicant who filed first shall be considered to be the operator of the
conforming adult use establishment, if that application is approved and if no
other reason ex i sts to cons i der the estab 1 i shment nonconformi ng. Between
applicants, one of whom or both of whom operated adult use establishments that
existed at the premises on or before October 18, 1993, the adult use
establishment that first established or commenced business at the location shall
be considered to be conforming if no other reason exists to consider the
establishment nonconforming.
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Sec. 41.514. Hardship relief.
(1) If an applicant receives a provisional certificate of compliance or
notification of denial because the location of the existing or proposed adult use
establishment is in violation of the locational requirements of section 41,510,
then the applicant may file with the city clerk, not later than 15 calendar days
after receiving the provisional certificate or the notice of denial, a written
request for a hardship relief from the locational requirements.
(2) If the written request is filed with the city clerk within the 15
calendar day period, the clerk shall schedule a hearing before the development
code adjustment board, which board shall consider the request for hardship
rel ief. The city clerk shall set a date for the hearing within sixty (60)
calendar days from the date the written request was filed with the city clerk.
(3) The deve lopment code adju stment board sha 11 hear and cons ider
evidence offered by any interested person in a public hearing scheduled with
public notice. Public notice 'shall be given in a manner consistent with the
requirements of Article IV of Chapter 36 for variances generally, but shall
include notice to property owners of record, according to the records of the
Pinellas County property appraiser, within 300 feet of the proposed location
instead of 200 feet. The development code adjustment board may grant the
hardship relief, with reasonable conditions, from the locational restrictions
contained in section 41.510, if it makes the following findings:
(a) That the variance requested arises from a condition which is unique
to the property in question and is neither ordinarily nor uniformly applicable
to the zoning district, and is not created by an action of the property owner,
predecessor in title or the applicant. Any mistake made in the execution of a
building permit or work performed without the benefit of a permit shall not be
considered to be a situation which supports the granting of a variance;
(b) That the particular physical surroundings, shape or topographical
conditions of the property involved and the strict application of the provisions
of this development code would result in an unnecessary hardship upon the
applicant;
(c) That the variance is the minimum necessary to overcome the
unnecessary hardship referred to in paragraph (b) of this subsection for the
purpose of making reasonable use of the land;
(d) That the granting of the variance will not be materially detrimental
or injurious to other property or improvements in the neighborhood in which the
property is located and will not substantially diminish or impair the value of
surrounding property; and
(e)
observed.
That all other applicable provisions of these regulations will be
(4) The development code adjustment board may grant a hardship relief to
the provisions of these regulations only by the affirmative vote of a majority
of the members of the board. Failure to reach a majority vote shall result in
15
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a denial of the hardship relief request. The decision of the development code
adjustment board is final.
(5) If the development code adjustment board denies the variance, the
applicant may not reapply for hardship relief until at least six (6) months have
elapsed from the date of the development code adjustment board's action.
(6) The granting of hardship relief does not exempt the applicant from
any other prov is ions of these regu 1 at i on 5 other than the 1 ocat i ona 1 restr i ct ions.
(7) The decision of the development code adjustment board shall be final
and conclusive, subject to judicial review by common-law certiorari in the
circuit court for Pinellas County.
DIVISION 3. ADULT USE LICENSE
Sec. 41.521 Adult use license required; classification.
(1) Within 90 calendar days of the receipt of a certificate of compliance
or a provisional certificate of compliance for an adult use establishment, the
applicant shall submit an application for an adult use license and shall
thereafter obtain an adult use license. No adult use establishment shall be
permitted to operate without having been first granted an adult use license by
the development code administrator. However, an adult use establishment that
established or commenced business on or before October 18, 1993, and for which
a certificate of compliance or provisional certificate of compliance has been
issued, may continue to operate pending a decision by the development code
administrator on the application for an adult use license.
(2) Adult use licenses shall be classified as follows, based upon the
information in the application and subject to subsequent inspection for
verification:
(a)
(b)
(c)
(d)
(e)
(3)
be limited to one classification for each license. An adult use establishment
desiring to operate an establishment with more than one classification of adult
use activity shall submit an application and obtain a separate adult use license
for each adult use classification.
adult bookstore or video store;
adult modeling or activity center;
adult photographic studio;
adult theater; or
special cabaret.
An adult use license for a particular adult use establishment shall
Sec. 41.522 Application required for adult use license; rejection of
incomplete application; granting or denying application for license; appeal.
(1) Any person desiring to operate an adult use establishment shall file
with the development code administrator an application on an application form to
be provided by the development code administrator and shall pay a non-refundable
application fee in an amount established and determined by resolution of the City
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Commission to be reasonably calculated to cover the costs of processing the
application. If the application is approved and a license is granted, the fee
shall be applied as a credit towards the annual license fee required for the
first year.
(2) The completed application shall contain the following information and'
shall be accompanied by the following documents:
(a) If the applicant is:
1. A natural person, the applicant shall state his legal name and
any aliases and submit satisfactory proof that he is not less than 18 years of
age; or
2. A partnership, the applicant shall state its complete name and
whether the partnership is general or limited, and shall state the legal names,
aliases, and dates of birth of all general partners and of all limited partners
having either direct, managerial, supervisory, or advisory responsibilities for
day-to-day operations of the adult use; or
3. A corporat i on, the app 1 i cant sha 11 state its comp 1 ete name, the
date of its incorporation and the name of the state where it was incorporated,
the name of the registered agent and the address of the registered office for
service of process, evidence that the corporation is in good standing, and the
legal names, aliases, dates of birth and office or capacity of all officers,
directors, and stockholders having either direct, managerial, supervisory, or
advisory responsibilities for day-to-day operations of the adult use;
(b) If the applicant intends to conduct the establishment under a name
other than that of the applicant, the establishment's fictitious name and the
certified copy of the applicant's registration with the Division of Corporations
of the Department of State pursuant to Section 865.09, Florida Statutes;
(c) The general nature of the type of adult use for which the applicant
is seeking a license, stating the specific classification of license for which
the applicant is filing, and including a statement concerning the degree to which
the anticipated activities at the adult use meet the definitions of the
enumerated adult use classifications listed in Section 41.521(2). If the
app 1 i cant is request i ng an addi t i ona 1 adu 1 t use 1 i cense, different from the
existing adult use establishment's current classification, or the applicant is
requesting multiple adult use licenses for the same establishment, the applicant
shall explain how the multiple adult use activities will interact. Such a
information shall serve as an initial basis for the permitted activities allowed
under the licenses issued;
(d) The location of the proposed establishment, including a legal
description of the property site, and the street address of the location;
(e) The legal names, aliases and dates of birth of the employees for the
proposed establishment;
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(f) The applicant1smailing achh"ess, residential address, and residential
telephone number (if any);
(g) A copy of the certificate of compliance or provisional certificate
of compliance;
(h) Whether the app 1 i cant or any other person 1 is ted pursuant to
subparagraph (a) above has, within the three year period immediately preceding
the date of the application, been convicted of, or been incarcerated or been on
probation or parole for committing, a specified criminal act and, if so, the
specified criminal act involved, the date of conviction, and the place of
conviction; and
(i) For a new adult use establishment or for an existing adult use
establishment that intends to convert to an adult modeling or activity center,
an adult photographic studio, an adult theater, or a special cabaret, or to add
any of the foregoing to its existing adult use, an interior floor plan, including
all windows, doors, entrances and exits, fixed structural features, walls,
stages, part i t ions, project i on booths, admi ss i on booths, pr i va te performance
areas, adult booths, concession booths, stands, food service equipment, counters
and similar structures, and a designation of any portion of the premises in which
patrons will not be permitted; and
(j) A sworn statement attesting to the accuracy of the information
provided in the application and to the fact that the applicant will own, possess,
operate, and exercise control over the proposed or existing adult use
establishment.
(3) In the event the development code administrator determines that the
applicant has not provided the information and documents required by subsection
(2) of this section, the development code administrator shall send notice to the
applicant by certified mail return receipt requested no later than 15 calendar
days after the date the application was filed, informing the applicant of the
reasons why the application is incomplete. The development code administrator
shall allow the applicant 30 calendar days from the receipt of the notice to
complete the application. The time period for granting or denying a certificate
under subsection (4) of this section shall be stayed during the period in which
the applicant is allowed an opportunity to complete the application.
(4) The deve lopment code admi n i strator sha 11 grant or deny an app 1 i cat ion
for a 1 i cense wi th i n 30 ca 1 endar days after the date of the f i 1 ing of the
completed application. The development code administrator shall send notice to
the applicant by certified mail return receipt requested no later than 30
calendar days after the date of the filing of the completed application,
informing the applicant of the decision. If there is no basis for denial of the
application pursuant to subsection (5) of this section, the development code
administrator shall issue the 1 icense to the applicant upon the applicant's
payment of the appropriate annual license fee required by section 41.523.
(5) The development code administrator shall deny the application if:
(a) The application contains materially false information; or
18
,
(b) An applicant has been convicted of a specified criminal act and:
1. Less than one year has elapsed since the later of the date of
the conviction or the date of release from confinement, probation or parole
imposed for the conviction of a misdemeanor offense; or
2. Less than three years have elapsed since the later of the date
of conviction or the date of release from confinement, probation or parole
imposed for the conviction of a felony offense.
(c) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant.
(d) An adult use establishment that established or commenced business on
or before October 18, 1993, sha 11 be exempt from the requ i rements of thi s
subsection.
(6) Any appl icant aggrieved by any decision of the development code
administrator pursuant to this section shall have the right of appeal to the city
manager. Such appeal shall be taken by filing with the city clerk, within 30
ca lendar days after rece i pt of the deve lopment code admi n i strator I s not i f i cat ion,
a written statement setting forth fully the grounds for such appeal. The city
clerk shall forthwith notify the city manager. The city manager shall hold a
hearing within 30 calendar days after the applicant files the appeal. The
applicant shall be given notice of hearing at least 10 calendar days prior to the
hearing and shall have an opportunity to present evidence on the applicant's
behalf, to cross examine witnesses, and to be represented by counsel. A written
decision by the city manager to affirm or overrule the decision of the
development code administrator shall be made within 10 calendar days of the
hearing and shall be final and conclusive, subject to judicial review by common-
law certiorari in the circuit court for Pinellas County. The city manager may
delegate the authority to hold a hearing and to decide an appeal pursuant to this
subsection to a deputy city manager or an assistant city manager, whose decision
shall be as final and conclusive as if made by the city manager.
I
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Sec. 41.523 Annual licensing regulatory fees; term of license; renewals;
expiration; cancellation.
(1) I n order to cover the admi n i strat i ve and enforcement costs associ ated
with these regulations, there are hereby levied annual licensing regulatory fees
for an adult use establishment in amounts to be established and determined by
resolution of the City Commission.
(2) The annual fees collected pursuant to this section are declared to
be regu 1 atory fees, wh i ch are co 11 ected for the purpose of exami nat ion and
inspection of adult uses under these regulations and the administration thereof.
These regulatory fees are in addition to, and not in lieu of, the occupational
license taxes, building permit fees, and other fees imposed by other sections of
the Code of Ordinances.
(3) A license issued under this Ordinance shall be an annual license
which shall commence on October 1 if the fee has been paid, or on such later date
19
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when the fee sha 11 have been pa i d, and sha 11 exp i re on September 30 of the
following year. If a license is issued after October 1 but on or before March
31 of the following year, the applicant shall pay the license fee in full. If
a license is issued after March 31 but before October 1 of the same year, the
applicant shall pay one-half the license fee.
(4) Licenses shall be renewed annually. Subject to compliance with all
other applicable provisions of this Ordinance, a licensee shall be entitled to
a renewal of the annual license from year to year by presenting the license for
the previous year and by paying the appropriate license fee and updating the
information supplied with the latest application or certifying that the
information supplied remains unchanged.
(5) A license that is not renewed by October 1 of each year shall expire.
An expired license may be rpnewed by November 30 of the same year upon payment
of the license fee, and upon payment of a penalty of ten percent of the license
fee for the month of October, or fraction thereof, and an additional penalty of
five percent of the license fee for the month of November, or fraction thereof.
(6) All expired licenses not renewed by November 30 shall be deemed
nonrenewable.
Sec. 41.524 Transfer of license.
(1) A 1 i censee sha 11 not transfer a 1 i cense to another person, or
surrender ownership, possession, control, and operation of a licensed
establishment to such other person, unless and until such other person submits
an application in compliance with section 41.522 and obtains approval, and
pays a transfer fee of 10 percent of the license fee.
(2) No license may be transferred pursuant to subsection (1) of this
section when the city manager has notified the 1 icensee that suspension or
revocation proceedings have been or will be brought against a licensee.
(3) A licensee shall not transfer his license to another location.
(4) Any attempt to transfer a license, either directly or indirectly, in
violation of this section is hereby declared void, and the license shall be
deemed abandoned and shall be subject to revocation pursuant to section 41.603.
Sec. 41.525 Changing name of establishment.
No licensee may change the name of an adult use establishment unless and
until the licensee gives the development code administrator 30 days notice in
writing of the proposecf name change, pays the development code administrator a
$3.00 change of name fee, complies with Section 865.09, Florida StRtutes, and
present s ev i dence of comp 1 i ance wi th such s ta tute to the deve lopment code
administrator.
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DIVISION 4. OPERATIONAL REQUIREMENTS FOR ADULT USES
Sec. 41.531. General Requirements.
Each adult use establishment shall observe the following general
requirements:
(1) Conform to all applicable building statutes, codes, ordinances and
regulations, whether federal, state or local.
(2) Conform to all applicable fire statutes, codes, ordinances, and
regulations, whether federal, state or local.
(3) Conform to all applicable health statutes, codes, ordinances, and
regulations, whether federal, state or local.
(4) Conform to all applicable land use and zoning laws, ordinances, and
regulations, whether state or local.
(5) Opaquely cover each non-opaque area through which a person outside
the establishment may otherwise see inside the establishment.
(6) Maintain a record of all employees who are currently employed by the
establishment and of all former employees who are employed by the establishment
during the preceding one year period, containing the employee's full legal name,
aliases, and date of birth. For the purpose of this subsection, lIemployee" means
as defined in Section 41.505.
Sec. 41.532. Adult Theaters.
In addition to the general requirements contained in section 41.531, an
adult theater shall observe the following special requirements:
(1) If the adult theater contains a hall or auditorium area, the area
shall comply with each of the following provisions:
(a) Have individual, separate seats, not couches, benches or the like;
(b) Have a continuous main aisle alongside of the seating areas in order
that each person seated in the areas shall be visible from the aisle as well as
from the manager's station at all times; and
(c) Have a sign posted in a conspicuous place at or near each entrance
to the hall or auditorium area which lists the maximum number of persons who may
occu py the ha 11 or uu d i tor i 11m area, wh i ch number sha 11 not exceed the number of
seRts within the hall or auditorium area.
(2) The adult theater shall have one or more manager's stations. The
interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which
any patron is permi tted acces s for Clny purpose, exc 1 ud i ng res trooms. Adu 1 t
material shall not be available or allowed in restrooms. If two or more manager's
stations are designated, the interior of tile premises shall be configured in sllch
21
a manner that there is an unobstructed view of each area of the premises to which
any patron is permitted access for any purposes from at least one of the
manager's stations. The view required in this subsection shall be by direct line
of sight from the manager's station.
(3) It shall be the duty of the operator present in the premises to
ensure that the area specified in subsection (2) of this section remains
unobstructed by any door, wall, merchandise, display rack or other material at
all times that any patron is present in the premises and to ensure that no patron
is permitted access to any area of the prenJises which has been designated in the
application filed pursuant to section 41.522(2)(i) as an area in which patrons
will not be permitted.
(4) It is the duty of the operator to ensure that at least one employee
is on duty and situated in each manager's station at all times that any patron
is present inside the premises and that the employee is continually monitoring
the activities in the adult theater for violations of the provisions of this
Ordinance and of State law.
(5) The licensee of an adult use establishment may seek a hardship relief
from the provisions of subsections (2), (3) or (4) of this section by filing ~
request for such relief with the city clerk. If, upon presentation at a public
hearing before the development code adjustment board following notice of the
public hearing as provided in Section 41.514, the development code adjustment
board is sat i sf i ed that the 1 i censee wi 11 ut il i ze operat i ona 1 procedures or
technology sufficient to guarantee, to a degree similar to the provisions of this
section, that the areas of the establishment to which patrons have access are
monitored for violations of this Ordinance and of state law, the board may grant
such relief. If sufficiently conditioned to assure monitoring and notice to
patrons, the direct line of sight requirement of subsection (2) of this section
may be varied by the substitution of video surveillance.
The board may condition the hardship relief so as to ensure that the
operational procedures or technology will be utilized. The failure to follow the
conditions of the hardship relief may result in a review by the development code
adjustment board, at a public hearing, with notice and opportunity for the
licensee to be heard. Revocation of the hardship relief may be justified if,
based upon the presentation at the hearing, assurances serving as a basis for
issuance of hardship relief are found to be not satisfied. Any decision of the
development adjustment code board shall be final and conclusive, subject to
judicial review by common-law certiorari in the circuit court for Pinellas
County.
(6) The premises shall be equipped with overhead lighting fixtures of
surf i c i ent i ntens i ty to i 11 ul11i na te every place to wh i ch pat rons are permi tted
access at an illumination of not less than one foot candle as measured at the
floor level. It shall be the duty of the operator to enSllre thut such
i llulIlination is maintained at all times that any patron is presPllt in t.he
premises.
(7) If the adult theater contClins adult booths, only one person shall be
permitted to occupy the booth, and each adult booth shall comply with each of the
following provisions:
22
(a) Have a sign posted in a conspicuous place at or near the entrance
which states that only one person may occupy the booth;
(b) Have a permanently open entrance not less than two feet wide and not
less than six feet high, which entrance shall not have any curtain rods, hinges,
rails or the like which would allow the entrance to be closed or partially closed
by any curtain, door, or other partition;
(c) Have an individual, separate seat, not couches, benches or the like,
which permits only one person to occupy the booth;
(d) Have a continuous main aisle alongside the booth in order that each
person situated in the booth shall be visible from the aisle as well as from the
manager's station at all times; and
(e) Have, except for the entrance, walls or partitions of solid
construction without any holes or openings in such walls or partitions.
(8) Requirements of this section are applicable to any adult theater.
An adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.533. Refurbishing of Adult Theaters.
(1) Each adult theater shall cover the floors of areas accessible to
patrons wi th smooth and non-permeab le f 1 oori ng mater i a 1 wh i ch can withstand
frequent effective cleaning with industrial strength cleaning agents. Carpeting
of any kind is prohibited.
(2) Each adult theater shall cover furniture permitted by this Ordinance
for use by patrons with a smooth and non-permeable upholstery material that can
withstand frequent cleaning with industrial strength cleaning agents.
(3) Each adult theater shall have, in areas accessible to patrons,
interior wall surfaces which can withstand frequent cleaning with industrial
strength cleaning agents.
(4) Each adult theater shall use only those shades, blinds and vertical
blinds that can withstand frequent cleaning with industrial strength cleaning
agents. Draperies are prohibited.
(5) The requ i rements of th i s sect i on are app 1 i cab 1 e to any adu 1 t theater.
^11 adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.534. Sanitation.
(1) ^ll areas of each adult theater accessible to patrons shall be
maintained in a clean and sanitary condition. The surfaces of all floors,
furniture, counter tops, shades, blinds, v~rtical blinds, doors and walls of
areas accessible to patrons shall be cleaned and sanitized a minimum of one time
23
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each 24 hours with an industrial strength cleaner.
(2) All floors, furniture, counter tops, shades, blinds, vertical blinds,
doors and wa 11 s of areas access i b le to patrons of adu lt theaters sha 11 be
renovated or be replaced as needed. All furniture shall be kept free from holes
and rips.
(3) Any individual cleaning or sanitizing the areas accessible to patrons
shall utilize an appropriate and effective adaptation of the U.S. Centers for
Di sease Contro 11 s un i versa 1 precaut ions for the prevent i on of transmi ss i on of the
HIV and other diseases. Such procedure shall be reviewed and approved by the
Pinellas County Health Department. A copy of the approved procedure shall be kept
on file at the adult theater and a copy shall be provided to each person cleaning
or sanitizing the areas accessible to the patrons. Each such individual shall
certify that he has read and understood the procedures by signing a copy of the
procedure. The signed copy shall be kept as a part of the records of the adult
theater and open for inspection by the Health Department, law enforcement
officers, or the development code administrator.
(4) If the adult theater is designed to permit outdoor viewing by persons
seated in automobiles, it shall have the motion picture screen so situated, or
the perimeter of the establishment so fenced, that the material to be seen by
those persons may not be seen from any public right-of-way, residential zoned
property, church, school, or public recreation area.
(5) The requirements of this section are applicable to any adult theater.
An adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.535. Adult Modeling or Activity Centers, Adult Photographic
Studios, Adult Theaters, and Special Cabarets.
In addition to the general requirements contained in Section 41.531, an
adult modeling or activity center, adult photographic studio, adult theater, and
a special cabaret shall observe the following special requirements:
(1) A stage sha 11 be prov i ded for the di sp 1 ay or exposure of any
specified anatomical area by an employee to a patron and shall consist of a
permanent platform (or other similar permanent structure) raised a minimum of 18
inches above the surrounding floor and encompassing an area of at least 36 square
feet; and
(2) The stage shall be at least three feet from the nearest table, chair
or other accommodation where food or drink is served or consumed or patrons are
located.
(3) Any area in which a private performance occurs shall:
(a) Ha ve a permanent 1 y open entrance no t 1 ess thil J1 two feet wi de and not
less than six feet hiyh, which entrance sholl not have any clJrtain rods, hinges,
rails, or the like which would allow the entrance to be closed or partially
24
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closed by any curtain, door, or other partition; and
(b) Have a wall to wall, floor to ceiling partition of solid construction
without any holes or openings, which partition may be completely or partially
transparent, and which partition separates the employee from the patron viewing
the display.
(4) An adult use establishment that established or commenced business on
or before October 18, 1993, shall comply with the requirements contained within
this section within one year from the effective date of this Ordinance.
DIVISION 5. PROHIBITIONS; ENFORCEMENT; SUSPENSION OR REVOCATION
Sec. 41.601. Prohibitions.
(1) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate such establishment where the person knows or
should know that:
(a) The adult use establishment has no certificate of compliance or
provisional certificate of compliance;
(b) The adult use establishment has no adult use license or has an adult
use license that is under suspension; or
(c) The adult use establishment has an adult use license that has been
revoked or that has expired.
(2) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate without satisfying all of the general
requirements of section 41.531(5) and (6).
(3) It shall be a violation of this Ordinance for any operator of an
adult theater to operate without satisfying all of the special requirements of
sections 41.532 through 41.535, inclusive.
(4) It shall be a violation of this Ordinance for any operator of an
adult modeling or activity center, adult photographic studio, or special cabaret,
to operate without satisfying all of the special requirements of section 41.535.
(5) It shall be a violation of this Ordinance for any'operator of an
adult use establishment to operate and to knowingly or with reason to know,
permit or allow the entrance or exit of the adult use establishment to be locked
when a person other than an employee is inside the establishment.
(6) It shall be a violation of this Ordinance for any operator of an
adult use establishment where alcoholic beverages are sold or consumed to operate
and to knowingly or with reason to know, permit or allow any activity prohibited
by Section 6.43 of the city code to occur on the premises. .
(7) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate and to knowingly or with reason to know,
25
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,
permit or allow any employee:
(a) To engage in any specified sexual activity at the adult use
establishment;
(b) To display or expose any specified anatomical area at the adult use
establishment, unless such employee is continuously positioned in an area as
described in section 41.535;
(c) To display or expose any specified anatomical area while simulating
any specified sexual activity with any other person at the adult use
establishment, including with another employee;
(d) To engage in a private performance unless such employee is in an area
which complies with the special requirements of section 41.535(3);
(e) To intentionally touch, either directly or through a medium, any
patron at the adult use establishment while either the employee or the patron is
engaged in the display or exposure of any specified anatomical area;
(f) To voluntarily be within three feet of any patron while engaged in
the display or exposure of any specified anatomical area.
(8) It shall be a violation of this Ordinance for an operator of an adult
use establishment to advertise the presentation of any activity prohibited by any
applicable state statute or local ordinance.
(9) It shall be a violation of this Ordinance for an operator of. an adult
use establishment to operate the establishment and, knowingly or with reason to
know, permit or allow a person under the age of 18 years to:
(a) Be admitted to the adult use establishment;
(b) Remain at the adult use establishment;
(c) Purchase good or services at the adult use establishment; or
(d) Work at the adult use establishment as an employee.
(10) It shall be a violation of this Ordinance for any person to act as
an employee of an adult use establishment that he or she knows or should know has
no adult use license issued by the city, or which has an adult u~e license that
is under suspension, has been revoked, or has expired.
(11) It shall be a violation of this Ordinance to operate an adult use
establishment at which the records for employees required by section 41.531(6)
have not been compiled or are not available for inspection.
(12) It shall be a violation of this Ordinance for any employee of an
adult use establishment to knowingly engage in any of the activities described
in subsection (7) of this section.
26
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(13) It shall be a violation of this Ordinance for any patron in an adult
use establishment to intentionally touch, either directly or through a medium,
an employee who is displaying or exposing any specified anatomical area at the
adult use establishment.
(14) It shall be a violation of this Ordinance for any patron to
voluntarily be within three feet of any employee displaying or exposing any
specified anatomical area at the adult use establishment.
(15) It shall be a violation of this Ordinance for two or more persons to
occupy an adult booth.
(16) Notwithstanding any provision of this Ordinance which may otherwise
be construed to the contrary, it shall not be a violation of this Ordinance for
any employee of an adult use establishment to expose any specified anatomical
area during the employee1s bona fide use of a restroom, or during the employees
bona fide use of a dressing room which is accessible only to employees.
(17) It shall be a violation of this Ordinance for any operator of an
adult use establishment to allow such adult use establishment to remain open for
business, or to permit any employee to engage in a performance, solicit a
performance, make a sale, solicit a sale, provide a service, or solicit a service
between the hours of 2:00 a.n1. and 8:00 a.m. of any day.
(18) It shall be a violation of this Ordinance for any employee of an
adult use establishment to engage in a performance, solicit a performance, make
a sale, solicit a sale, provide a service, solicit a service, between the hours
of 2:00 a.m. and 8:00 a.m. of any day.
(19) It shall be a violation of this Ordinance for any employee of an
adult use establishment to display or expose specified anatomical areas while
situated outs i de any structure on the site of an adu 1 t use estab 1 i shment or wh i le
situated at any other location on the site that is visible from any public right-
of-way or sidewalk.
Sec. 41.602. Enforcement.
A violation of section 41.601 shall be punished by a fine not to exceed
$500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and
imprisonment, as may be imposed by the county court. Each day any violation of
,section 41.601 shall continue shall constitute a separate offense.
Sec. 41.603. Suspension or Revocation.
(1) If an adult use license was granted based upon materially false
information or misrepresentation of material fact, then the city shall have just
cause to suspend or revoke the adult use license for the adult use establishment
for up to one year. Suspension or revocation shall be by the city commission
pursuant to the procedure set forth in this section.
(2) If an operator or employee of an adult use establishment is convicted
of three or more violations of section 41.601 of this Ordinance within a
27
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licensing year or three'or more specified criminal acts occurring on the premises
of the est~blishment within a licensing year, the city shall have just cause to
suspend or revoke for up to one year the adult use license for the adult use
establ ishment. Suspension or revocation shall be by the city commiss ion pursuant
to the procedure set forth in this section. It shall be an affirmative defense
if an owner of the adult use establishment imposed reasonable precautions to
prevent an operator or employee from violating section 41.601 or committing
specified criminal acts.
(3) If the city manager determines that a violation of subsections (1)
or (2) of this section has occurred, the city manager shall schedule a public
hearing before the city commission. The person who filed the application for the
adult use license shall be given written notice of the hearing at least 20
calendar days prior to the hearing and shall have an opportunity to present
evidence, to cross-examine witnesses, and to be represented by counsel. The
decision of the city commission shall be final and conclusive, subject to
judicial review by common-law certiorari in the circuit court for Pinellas
County.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
-,' . '..
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Attest:
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Cynthia E. Goudeau
City Clerk
M. A. Galbraith, Jr.
City Attorney
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66
Time, Place, anti Manner Itegulatiol1 of Business Activity
wiLhin ten (10) hour:l. This may create a rehultablc presump-
tion that the establishment is being used for prostitution
activities. lIowever, it is essential that a dty base such a
regulation on evidence under Renton that this type of property
use has adverse secondary effecL<;. If this is done, the regulation
should pass constitutional nluster. D1I11JClS v. City of Dallas,
648 F.Supp. lOGlt 1076 (N.D. Tex. 1986)t afjd H37 F.2d 1298
(5th Cir. 1988) ("The City did indeed make suffident findings
to justify restrictions on adult motels")j cf Patel & Patel v. City
ofSolltb San Francisco, 606 F.Supp. 666, 671 (N.D. Cal. 1985)
(no findings). The Supreme Coures holdingon state power to
regulate morality and private consensual activity are probably
broad enough to encompass regulations on "adult" n10tels. See
Bowers v.llardwicl.!, 478 U.S. 186 (1987) (no privacy right to
consensual homosexual, and arguably, heterosexual sodolny);
Baker v. \Vade, 769 F.2d 289 (5th Cir. 1985) (en banc), cert.
denied, 478 U.S. 1022 (1986). And see 'F\V/PBS, Inc. v. City of
Dallas, _U.S._ (1990) (No. 87-20] 2) affinning !JIt1llaS on
this issue.
3: REGULATION OF OUTSIDE ADVERTISING OF "ADULT" USES
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A city may restrict the nature of public auvcni:.;ing of regu-
lated l1adult" uses. Specifically, the ordinance Inay restrict by
limiting the language and pictorial display on outdoor signs
advertising the "adultlt establishment. See City of Pasco v.
Rhine, 753 P.2d 993, 997 (Wash.App. 1988) ("\Ve hold the
advertising restrictions placed on the [adult] use involve the
same substantial interest of mitigating the secondary in1pacts
of'adult' theater location as upheld in Nor/bend andRenlon");
SDj, Inc. v. City of liollston, 636 F.Supp. 1359, 1384-85 (S.D.
Tex. 1986); BClsiardanes v. Galveston, 682 F.2d 1203, 1219
(5th Cir. 1.982) (a ban on outside advertising serves a substan-
tial governmental interest, and is permissible, but the total
prohibition of even a siInple sign announcing the theatrets
existence went too far).
Requirenlents regarding outside signs and exterior portions
of sexually oriented businesses are valid if they are directed at
the signs then1selves rather than at the protected activities. SD.l,
Inc., 636 F.Supp. at 1369; and see Borrago v. Cityo!Louisville,
456 F.Supp. 30, 32 (\'\I.D. Ky. 1978). A restriction on the
signage and exterior portions of"adult" establishments which
allows modest, subdued advertising is appropriate in order to
prevent a decline in the values of surrounding properties, and
thus prevent deterioration of neighborhoods. See Basiar-
dalles, 682 F.2d at 1219. lIenee, it is permissible to place lhnits
on the number, size, and detail of exterior signs. ld.j and
BOrl'ago, 456 F.SlJpp. at 32.
. ".' .... . . ~ A, . . . '. ' ~',.
~C- (cfL {dl "l.-1173
:rts-7
62
Time, Place, and Manner Regulation of Business Activity
lnvestnwnts, Inc. v. Cfty ojSentl/e, 887 F.2d 219 (9th Cir. 1989)
in validating a similar regulation.
4: CLOSING "PEEP BOOTH" ESTABLISHMENTS
\Vhere a sexually oriented business knowingly allows sexual
activities within "peep booths" or on the prclnises, it is con-
stitutionally permissible to require the closure of the estab-
lishment. This is allowed despite First Atnenument claillls of
unconstitutional prior restraint. Thus, a city may constitution-
ally adopt an ordinance requiring closure of an entire prenlise
as a public health nuisance if the establishn1l:nt knowingly
allows prostitution, lewdness, or assignation on the preolises.
The Supren1c Court in Arcara v. Cloud Boo/.?s, Inc., 478 U.S.
697 (1986) squarely addressed this issue. In Arcara, an "adult"
property use \vhich sold sexually explicit magazines also con-
tained "peep booths." The establishment routinely allowed
"masturbation, fondling, and fellatio by patrons on the
prernises of the store, all within the observatiot:1 of the
proprietor." 478 U.S. at 699. The Court permitted the closure
of the entire premises under a public health hl\v as a valid
conten~ neutral time, place, and manner regulation.
"The legislation providing the closure sanction ,vas
directed at unlawful conduct having nothing to do
\-vith books or other expressive activities. I3ook..~elling
in an establishnlent used for prostitution does not
confer First Amendment coverage to defeat a valid
statute ainled at penalizing and terminating illegal
uscs of prenlises. The legislature properly sought to
protect the environment of the comnlunity by direct-
ing the sanctions at prelnises knowingly used for
lawless purposes."
ld., 478 U.S. at 707. Similarly, see COJ1LJl1onwea!tb v.
CrOCI/ail BODIeS, l1lc., 323 SE.2d 86,89 (Va. 198ft) which upheld
closure of a pornographic bookstore based on evidence that
homosexuals congregated there to engage in sexual acts.2H
28 And se.:c Ft. Wayne ]Jooks, inc. ". lml/mw, _U$._, 103 I..Ed.2d 3.1,10.1 S.Ct. 916
(1989) (pc.:rmining closure of :;exu~lI)' oriented business under lUCO statutc); Art
l1Jeatrc Guild, Inc. II. l:'u'illg, .121 U.S. 92~ (1975), dismissing the appeal from Slall!
fl.-': I'd. HUlin}] tJ. "Witbout cl S/i/cb", 307 N.E.2d 911 (Oh. 197.1) (upheld the Ohio
Supreme Court ruling that a onc.:-)'car clo~ure provision W~IS a constiluliollally
permissiblc method of controlling obsccnitY.)i Stelle ex ,.d. Kidwell fl. u.J:
Mal'ke/ing, inc., 631 P.2c1 622,25 ALH .hh 381 (Id. 1983), jurisdiction noted .15.1 U.S.
tHo (1982), nnd appcal dismbsecJ by U.S. Markcting, .155 U.S. 1009 (1982) (the.:
Supreme Court of Idaho hc.:ld that :t one-year closure order under a nuisance
ab:lle.:menl st~llltc for :l 1c.:asccl bookstore property c1id not constitute an unlawful
prior rcstr.lin t).
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McLAOOHUN CONSULTING SERVICES, INC.
900 Gulf Boulevard, Suite 303
Indian Rocks Beach, Florida 34635
813/595-7634
lO!'?.-l/9.3
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October 20, 1993
9332
The Honorable Rita Garvey, Mayor,
and Members of the City Commission,
City of Clearwater,
112 S. Osceola Avenue,
Clearwater, Fl., 34616.
Dear Madame Mayor,
Re. Proposed Adult Use Ordinance
We are Planning Consultants to a number of Adult Uses which expect to be
affected by the City's proposed new Adult Use Zoning Ordinance.
Unfortunately, I am unable to attend the public hearing being held by the City
Commission on October 21, 1993. As indicated in my previous letter, I intend to attend
the second reading of the Ordinance, (assuming that the Ordinance is adopted on first
reading) and make a presentation to the Commission then.
In the meantime, for your record of October 21st, Mr. Eric Ager will represent
me and will tender for the record copies of an analysis prepared by me for the First
Amendment Lawyers' Association earlier this year. This Analysis considers many of the
studies referred to in the Ordinance and none of the ones I have reviewed is
academically, professionally or scientifically sound. Further, many of the cities from
which these studies originate are totally dissimilar to Clearwater.
The Analysis submitted by Mr. Ager is the first part of the competent, substantial
evidence to be presented on behalf of our clients, showing that the studies purporting to
document adverse secondary effects related to Adult Uses are fatally flawed, and that
there is no reason to believe that Clearwater has problems associated with the secondary
effects of Adult Uses which need to be addressed through the proposed Ordinance.
I apologize that I am unable to make this presentation in person, but, if necessary,
I look forward to making a presentation at the time of second reading of the Ordinance.
Thank you for your consideration in this matter.
Yours very truly,
McLaughlin Consulting Services, Inc.
^-- ~~ f7~jv<-
R. Bruce McLaughlin, AlCP
President
RBMcL/m
SS5/9332301
ce. Luke C. Lirot, Esq.,
Clients, Robert Surette, Esq.
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CAN THEY REASONABLY BELIEVE?
A PRELIMINARY ANALYSIS OF CERTAIN STUDIES
PURPORTING TO SUPPORT ADULT USE ZONING REGULATIONS
R. BRUCE McLAUGHLIN, AICP
McLaughlin Consulting Services, Inc.
900 Gu~f Boulevard,
Suite 303,
Indian Rocks Beach Florida, 34635
(813) 595.7634
December. 1992
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First Amendment Lawyers' Association
February. 1993 Meeting
Analysis of · Adverse Secondary Effects. Studies
December 21. 1992
PREFACE
The following Analysis of certain studies purporting to show "adverse secondary
effects" resulting from the presence of Atiult Uses was prepared in two parts, both of
which were done under tight deadlines. A<; set out in Chapter 1, the Introduction, certain
studies were originally analyzed for use in a Citrus County, Florida, criminal trial in
which a client of McLaughlin Consulting Services, Inc., was charged with operating an
unlicensed Adult Use. The remaining studies were reviewed for the first time in
preparation for public hearings on a proposed Adult Use Zoning Ordinance for the City
of 51. Petersburg, Florida.
This Analysis is not intended to be a definitive review and critique of the
individual studies, nor is it intended to consider the application of the studies either to
their original cities or elsewhere.
Rather, this Analysis serves to demonstrate t~e fallacies and bias present in the
studies, and to indicate that there are solid grounds not to reasonably believe that the
studies demonstrate adverse secondary effects of Adult Uses. Further analysis is
required to definitively prove the problems with the individual studies, either as applied
in their original cities, or as used elsewhere.
McLaughlill Cunsulting ~crviccs. Int.
Indian Rocks Beach, Florida
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Analysis of "Adverse Secondary Effects" Studies
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TABLE OF CONTENTS
Preface
Table of Contents
1.
2.
INTRODUCTION
THE STUDIES
December 21. 1992 ,
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'Northend Cinema Inc. v. Seattle, 585 P.2d 1153 (Wa. 1978)
Report on Zoning and Other M etllOds of Regulating Adult
Entertainment in Amarillo, September 12, 1977
Findings of the City Planning Commission for the City
of New York, January 26, 1977
Detroit's Approach to Regulating the "Adult Uses",
October 10, 1977
Report to the City Planning Commission and Cit)'
Council, Beaumont, Texas, September 14, 1982
Legislative Report, Houston, Texas, 1983
Report on Adult Oriented Business in Austin (Texas),
May 19, 1986
Adult Entertainment Establishrnents in Oklahoma City, A
Survey of Real Estate Appraisers, March 3, 1986
, Adult Entertainnlent Business in Indianapolis,
February, 1984
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, McLaughlin Consulting Services. Inc.
Indian Rocks' Beach, Florida
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Analysis of "Adverse Secondary Effects" Studies
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December 21. 1992
Director's Report: Proposed Land Use Code Text
A mendnlent, Adult Cabarets, Seattle, March, 1989
Pinellas County Sheriff's Department Reports
24
Hillsborough County Sheriffs Depart1nent Repolts
.26
3.
3.1
3.2
SUMMARY AND CONCLUSIONS
Summary
Conclusions
Appendix
. Population Density Comparisons, Citrus County, Florida.
and Studied Areas.
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First Amendmenl Lawyers' Associalion
February, 1993 Meeling
Analysis of "Adverse Secondary E({ects" Studies
D~cember 21. 1992
1.
INTRODUCTION
The Supreme Court of the United States in Cit}' of Renton \'. Playtim.e Theatres.
475 U.S. 41, 106 S.Ct. 925 (19g6) held that a local government may rely on studies from
other jurisdictions documenting the "adverse secondary effects" of Adult Uses. if the local
government reasonably believes the studies to be applicable to its own circumstances.
This holding has been repeated in several federal and state progeny, e.g. SD1, Inc. v. City
of Houston, 636 F.Supp. 1359 (S.D. Tx. 1986); and International Eateries of America, inc.
v. Broward County, Florida, 941 F.2d 1157 (11th Cir. 1991)
There are two basic problems with this holding. First, in many instances there are
very significant physical and demographic differences between the jurisdictions applying
the studies, and the areas which were studied. (Appendix A is a comparison of the
population density of Citrus County, Florida, which purported to rely on certain studies,
and of the areas where the studies were done.) These differences should preclude the
subsequent local government reasonably believing the studies to be applicable.
However, the second problem with the studies is a more fundamental one which
should preclude any reliance on them whatsoever. Not one study that this Consultant
has seen has been done in a manner that cuuld conceivably be considered to be
academically or professionally sOllnd or appropriate. Every study that this Consultant
McLaughlin Consulting ~t:rvices! J nc.:.
Indian Rocks Beach~ Florida
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Analysis of -Adverse Secondary Effecls" Studies
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has reviewed is seriously flawed in its methodologies. and is not capable of supporting
'.:'
any legislative action. let alone actions which result in the suppression of First
Amendment protected expression.
In many cases. a clear bias against Adult Uses is evident in the studies, and the
results of the studies are therefore predictable.
Further, only one study (111dianapo!is) identifies the question of whether the Adult
Uses locate in areas alreadv in decline. or whether they cause the decline of the areas in
. ~
which they locate. Even the Indianapolis study does not resolve this question.
Therefore, the studies which are used to "show" the alleged adverse secondary
Adult Use cases.
effects of Adult Uses are readily impeachable. and should be challenged in almost all
The following analysis was recently prepared by the Consultant for a client (Sixty
Sixer Adult Video) whose business will be required to close if the City of St. Petersburg,
Florida, enacts the Adult Use Zoning Ordinance presently under consideration. The
following studies, legal decisions and other material allegedly formed the basis of Adult
Use Zoning Regulations recently enacted in Hillsborough County and Pinellas County,
Florida, and proposed for the City of St. Petersburg, Florida:
NorthendCinenla inc. v. Seattle, 585 P.2d 1153 (Wa. 1978);
. McLaughlin Consulting Services, Inc.
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Indian Rocks Beach, Florida
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FebruaI')'. 1993 Meeting
Analysis of "Adverse Secondary Effects" Studies
3
December 21. 1992
,'.,
Repol1 on Zoning and Other Methods of Regulating Adult Entertainnlent in
Amarillo. September 12, 1977:
Findings 0.1 (he City PLanning CUlnmissiol1 for the City of New York, January
26. 1977;
Detroit's Approach to Regulating the ''Adult Uses", October 10, 1977;
Report to the City PLanning Cormnission and Cit)' Council, Beaumont, Texas,
September 14, 1982;
Legislative Repon~ Houston, Texas, 1983;
Report on Adult Oriented Business in Austin (Texas), May 19, 1986;
Adult Entertainfnenf Establishments in Oklahonla City, A SUlVey of Real
Estate Appraisers, ivlarch 3, 1986;
Adult Entertainfl1enf Business in Indianapolis, February, 1984;
Director's Report: Proposed Lund Use Code Text A,nendnlenl, Adult
Cabarets, Seattle, March, 1989:
Pinellas County Adult Use Ordinance (1987), transcripts;
Pinellas County Adult Use Ordinance (1990), transcripts;
Pinellas County Sheriff's Department Reports;
Hillsborough County Sheriffs Departnlent Reports.
The following Analysis considers, on a preliminary basis, some of the studies l' on .
'which different local governments allegedly rely in the preparation of Adult Use
1 including the Pinellas County Sheriff's Office studies, but excluding
the Pinellas County transcripts.
McLaughlin Consulting Services, Inc.
Indian Rocks Beach, Florida
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February. 1993 Meeting
Analysis of "Adverse Secondary Effects" Studies
December 21. 1992
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Regulations, reviewing the studies from a professional, academic and land use
perspective. The Analysis particularly seeks to determine if the Studies and materials
are academically and statically valid and sound, or whether they reflect a bias on the part
of their authors.
i~
This Analysis was prepared essentially in two parts. Several Studies and decisions 2
had been previously analyzed by the Consultant in the context of the Citrus County,
Florida, Adult Use Ordinance. 3 The remaining studies were reviewed for the first time
in preparation for public hearings on the proposed City of St. Petersburg, Florida, Adult
Use Zoning Ordinance. The Analysis of these documents has been revised to relate to a
more generic format, and not to a rural county or to the City of 51. Petersburg, but no
new review of these reports was undertaken for this Analysis.
2 Northend, Amarillo, Phoenix, New York, Detroit, Indianapolis, and the
Pinellas County and Hillsborough County Sheriffs' Department Reports.
3 The analysis of these studies for the Citrus County Adult Use
Ordinance was done in a very short period of time, in response to a deadline
set by the Citrus County County Court.
McLaughlin Consulting Services. Inc.
Indian Rocks Beach, Florida
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February. 1993 Meeting
Analysis of "Adverse Secondary Effects" Studies
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December 21. 1992
2.
THE STUDIES
Northend Cinema lnc. v. Seattle, 585 P.2d 1153 (Wa. 1978):
(a) liThe amendment[s] to the City's zoning code which are at issue here are the
culmination of a long period of study and discussion of the problems of adult
movie theaters in residential areas of the City" (Nortlzend Cinema at 1154-55).
This statement suggests thorough. and as applied research.
(b) liThe study analyzed the City's zoning scheme, comprehensive plan and land uses
..." (North end Cinenla at 1155). A Zoning scheme, Comprehensive Plan and
existing land use pattern are all area specific, and not readily transferred to other
jurisdictions.
(c) The zoning action is to reduce the impact inter alia of transients, parking and
traffic problems, (Nortlzend Cinema at 1155). These problems may not exist in
suburban and ex-urban areas where many Adult Uses are located, and even may
not exist in other urban settings.
Summary:
This is an area specific study being used to support Adult Use
Regulations in other areas;
The Zoning Regulations adopted protect only residential areas.
Report on Zoning and Other Methods of Regulating Adult
Entertainment in Amarillo, September 12, 1977:
(a) Defines Adult Uses as not only purveying "pornography" but as having a minimum
age for adlnittance (Amarillo at 1). These statements show a tendency towards a
bias at the beginning of the Study.
. (b) H[U]rban areas across the nation are beginning a crackdown on the growth of sex-
oriented businesses" (Amarillo at 5); a further indication of bias.
McLaughlin Consulting Services, Inc.
Indian Rocks Beach, Florida
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Analysis of "Adverse Secondary Effectsft Studies
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December 21.1992
(c) "The problems with the proliferation of adult businesses in major urban areas ..."
(Alnarillo at 6); a suggestion that the studies would not apply in suburban or rural
areas.
(d) Other local government areas to which the Anlarillo Study makes reference are:
Kansas City, Mo.~ anu Atlanta (p. 6); Birmingham: Boston (p. 7); Santa Maria,
Ca. (p. 9): Mason City, Iowa (p. 10): and Los Angeles (p. 14).
(e) The crime rate was greater around alcohol only areas, than around alcohol and
nude areas (Anlarillo at 9); an unbiased statement that suggests that there may be
other causes of any "adverse secondary effects" which may be found to exist.
(f) The Amarillo Study recommends that all controls on Adult Uses, which appear to
be a combination of zoning and licensing, but not building, be incorporated in one
"package" and be reviewed by the Planning and Zoning Commission before action
by the City Commission (Anzarillo at 16).
Summary:
There are inadequate data to prove the validity of the results;
Amarillo has clearly distinguished between Adult Uses and uses
serving Alcoholic Beverages:
The Arnarillo Study notes more problems from Alcoholic Beverage
establishments than from Adult Uses.
Findings of the City Planning Commission for the City
of New York, January 26, 1977:
(a) This is a zoning/location regulation (New York at 1).
(b) "... New York City, like many other major American cities, ..." (New York at 3).
This statement shows the clear distinction between New York and many of the
rural, suburban and smaller cities where the study is allegedly applied.
(c) The New York Study refers to: Boston, Detroit, Minneapolis, Dallas, Atlantic City
(New York at 4). Again, these references are indicative of the type of area being
studied, and to which the studies might apply.
McLaughlin Consulling Services, Inc,
Inwan Rocks Beach, Florida
First Amendment Lawyers' Association
February, 1993 Meeling
Analysis of · Adverse Secondary Effects. Studies
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December 21. 11}<)2
(d) New York was facing a much larger number of Adult Uses (New York at 5) than
most jurisdictions experience.
(e) The study does not address whether the alleged decline of economic viability, tax
arrears, job changes and declines in sales tax collection are causes or effects of
Adult Uses. It is certainly arguable that Adult Uses might choose these areas
because of low rents related to a previous economic decline, rather than being the
cause of the alleged economic decline (New York at 6).
(f) The New York Stud,r does not di~cus~ other uses in the so-called "public morals
prone posts" which might account tor the differences in crime rate~. (New York at
6).
(g) The N.Y. Ordinance apparently clearly distinguishes Adult Uses from similar,
non-Adult Uses (Net-v York at 7).
Summary:
This is a study of a major city, with far greater intensities and
densities of land use than are found in most cities in the Country.
There are inadequate data to prove the validity of the results;
New York has clearly distinguished between Adult Uses and non-
Adult Uses.
Detroit~ Approach to Regulating the "Adult Uses",
. October 10, 1977:
(a) "Because these very same values --- health, safety, morals and general welfare ---
are the very basis of zoning" (Detroit at 2). This statement is a pro forma recital
of the alleged basis for Adult Use Zoning Regulations.
(b) "Most major cities because of their size or location" (Detroit at 2) is distinguished
from most other cities and their present forms of development, including many
jurisdictions which rely on the Detroit studies and case law.
(c) Again, do the locations of Adult Uses result from, or allegedly cause a "City's
ills"? (Detroit at 3).
McLaughlin Consulting Services, Inc.
Indian Rocks Beach, Florida
First Amendment Lawyers" Association
February, 1l)<)3 Meeting
Analysis of "Adverse Secondary Effects" Studies
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December 21. 1992
(d) The Detroit Study recognized the essential need to distinguish between Adult
Uses and similar but non-Adult Uses (Detroit at 3).
(e) The Detroit Study adds credence to the contention that there are other Locally
Unpopular Land Uses (LULUs) in areas of Adult Uses, which other LULUs,
instead of the Adult Uses, might be the cause of the problems noted (Detroit at
4).
Summary:
Again, this is a study of a major, densely populated City, with
greater density and intensity of uses than found in most cities in the
Country:
There are inadequate data to prove the validity of the results~
Detroit recognizes that areas with a profusion of Adult Uses
generally also include other LULUs;
Detroit has clearly distinguished between Adult Uses and non-Adult
Uses.
Report to the City Planning Commission and City
Council, Beaumont~ Texas, September 14, 1982:
(a) Beaumont regulates Adult Uses as Special Exception uses. (Beaumont at 1). Most.
jurisdictions hold that a Special Exception is a use by entitlement, provided that
the conditions for the establishment of the use are met.
(b) The Adult Use legislation is primarily intended to exclude minors from these uses.
(Beaumont at 1) This function is not a local government or Zoning function.
(c) Adult Uses are excluded within 500 feet of residential Zoning Districts; within 300
feet of other Adult Uses and other LULUs such as pool halls and liquor stores
and within 1,000 feet of community uses. (Beaumont at 1)
(d) Because establishments licensed for the on-premises consumption of Alcoholic
Beverages are generally required to exclude minors, these establishments are
exempt from the Adult Use regulations. (Beaumont at 1)
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FirM Amendmenl l..<twycn;" A.!>sol.'iallUn
Fehruary. lW3 Mecllng
Analysis of . Advcrse Secondary Effecls>> Studlcs
(e)
(f)
(g)
(h)
(i)
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(k)
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Adult Uses are permitted as a matter of right in industrial and intensive
commercial Zoning Districts. anu as Special Exceptions in a General
Commercial/ Multiple Residential Zoning District. (Beuul1lon1 at I)
The Special Exception requirements (BeaU/nun! at p. 2) are general requirements,
and are not specifically oriented towarus Adult Uses.
The Special Exception requirement has been employed because uses governed by
it "have unusual nuisance characteristics". and "may significantly diminish or
impair property values". (Beaumo/Zt at 2). Implicit in this statement is the
unfounded allegation that Adult Uses are nuisances or may adversely affect
property values.
Beaumont relied 011 studies of Kansas City. Mo.. Amarillo, and Detroit.
(Beaumont ar 2 - 3)
Beaumont discovered its own alleged problems during the preparation of a
revitalization plan (BeauJ1lolll at 3), but attributed those problems to "The
concentration of bars, lounges. and package stores ... represent[ing] a semi-
developed adult entertainment zone." (Beaumont at 4) The uses identified are
not necessarily Adult Uses.
The study then alleges that Adult Uses tend to have a "skid row" effect. resulting
in higher crime rates, lower property values and depressed living conditions.
(Beaumont at 4). However. this study also begs the question of whether Adult
Uses sometimes locate in "skid row" area~. or whether they cause the alleged
decline of the areas.
However. between 1970 and 19~O the number of Adult Uses declined in the study
..
area from 23 to 19, while the number of package stores and lounges increased,
and neighborhood commercial uses were replaced by more intensive commercial
uses. (BeaU/nonl at 4) This trend is a typical urban trend, and the study misses
an excellent opportunity to measure the results of the reduction in the number of
Adult Uses.
"The high incidence of lounges [not identified as Adult Uses] and package stores
... discourages the retention or nev.: development of neighborhood commercial
McLaughlin CUllsulting ~crvices. Inc.
Indian Rucks Beach, Flurida
First Amc:ndmt:nl lAlW\cn,' i\....:-t.t'IiIIIUn
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Analysis of "Adverse Stl'Ondary Elleet!." SludlC:s
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uses and is not conducive to neighborhood commercial revitalization." (Beaumullt
at 4). This perceived problem seem~ far more related to Alcoholic Beverage
establishments than to Adult Uses. Further. the problems identifieJ are typical
urban redevelopment problems. that often arise in the absence of Adult Uses.
j
(m) This BeaL//Iloll! Sl/lcly ~bll repeals ~ conclusion from the earlier revitalization
study referring to Adult Uses as "adult nuisance uses", while offering no proof of
the alleged nuisances, (neU1I11l011l at 4)
(n) The study next asserts that the Beaumont Police Department has concluued that
Adult Uses arc the "frequcnt sccne" or prostitution and illegal sexual activities.
and of narcotics crimes. yct, this study at least, offers no proof whatsoever of this
allegations. (B('(l/lIJlOlll at 4 - ::;)
(()) Next. the study asserts. again without offering any proof whatsoever. that grouping
of Adult U~e~ has i.1 greater adverse: Impact because the character or the area
"attracts a Jistinct class of people and a criminal element. (Beaunwllt at 5)
Again, the underlying question of whether Adult Uses often locate in these types
of areas. or whether the areas change after the Adult Uses are established, goes
unrecognized anti unanswered.
(p) The analysis pan of the BeaUI1ZOlll Study concludes with an assertion that the
City's Zoning Regulations for Adult Uses were inadequate. and with a review of
the Galveston controls. (BeaU/7ZOIZT at 5)
(q) In its Summary and Recommendation~. the BeaumonT Study states: "There is clear
and convincing documented evidence that adult entertainment uses. ... produce or
result in a deleterious effect upon adjacent areas and the surrounding
neighborhood." (Beaumont at 5). However. there is no sign at all of this "clear
and convincing documented evidence" in the study.
Summary:
There are inadequate data to prove the validity of the results and
this Study, more than most others. seems to reflect a significant bias
on the part of it~ author(~):
Beaumont recognizes that areas with a profusion of Adult Uses
generally also include other LULUs. including Alcoholic Beverage
establishments. but. nOlwlthswnding this recognition, attributes most
McLaughlin ConsulLing Services, Inc.
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of the areas' alleged pr()blem~ to Adult Use:
Beaumont ha~ 110t dcarl~, distinguished between Adult Uses and
nOll-Adult Uses.
Legislative Report, Houston, Texas. 1983: -1
(a) The Houston report was prepared by ~1 Committee of City Councilmen In
anticipation of the enactmenl of a regulation of Adult Uses.
(b) The proposed legislation wa~ initiated hy the Chairman of the Committee tprior
to the appointment of the Cummittee), because he had previously concluded
(I-JOUSIOIl at 2) that Auult Uses adversely affect their surrounding areas. There
are fewer more clear ClIt demonstrations of the bias of these studies.
(C) The chairman also alleged links between Adult Uses and organized crime
(Houston at 2).
(d) The committee conducted four public hearings, one at City Hall. one at a high
school, and two in churches, although there is a disclaimer as to any significance
of selecting churches for the meetings.
(e) The proceedings of the Committee included "executive sessions" :i and included
extensive participation by staff of the Councilman who initiated the process.
(Houston at 3 - 4).
(f) The report asserts (Houstoll at 5)~ that issues of morality were put aside and that
the focus was on land use issues.
4 The Consultant obtained copies of the Houston Report from the City of
st. Petersburg, and from documents allegedly used to support the new
Hillsborough County Adult Use Regulations and apparently the new Pinellas
County Regulations. All three of these sources provided identical copies of
the report, which were missing pages 12, 15, 17, 20, and 21. Accordingly, the
Consultant has not been able to review these missing portions of the Houston
Report.
5 Often a euphemism for a closed or secret hearing.
McLaugWin Consulting Services, Inc.
Indian Rocks Beach, Florida
,", "-'. , ',.' ."
hlSI i\mcnunll',lI I...t\ncr~ '\~:-\Inllllllll
h:hruHI), IIJl):; \1ccllng
Analysis or "Adverse SCl'Cll1dary Effccts" ~Iudies
12
IJcl"emhcr 21. 1l.l1J2
(g) The Committee receIved proposal~ to han all Adult U~e~. but rejected those
proposals hec<lu~e (II t hCI r vlll \lemhil i t~' tll ~ucce~sful Court challc nge~. (Nous/oll
at~.()).
(h)
The COJllIllltlt:C receIved 1.'()l1sidcral)!c le~t1Ill()I1Y tl1at urged Illlnimal intcrference
with imliviLiual ngl11~ and p/"l\aL'!, all appruach ~L1ppl)rtctl hy all "Attilllde~ Study"
carrie<.l by a Houston acatlcmic. U-/OIl,II/O/l at ()).
(i) Beginning Oil page (). thcre is a suggestion of adverse secondary effects related to
Adult Uses, along with one anccdotal uescription of such alleged effects. No
empirical daw are included in the document. (I-jOU.\'fOl1 at 6 - 7).
U) There is then a discussion o!' the effect oj Adult Use~ on property val ues, which
purportedly incluued "docLJll1enteu instances in which property values had heen
affected by the establishment of ~exually oriented bllsinessc~, ...". There was also
"expert testimony" as \l) a "cause and effect syndrome" related to Adult Uses.
(Houstoll at 7). Without the underlying documents and testimony, it cannot be
ascertained if this testimony is academically and statistically sound, Of whether it
reflects personal and I or academic hiases.
(k)
Then. based un testimony from the Police Departn1ent anti from others. the
Committee felt: "that the testimony justified the conclusion that the criminal
activity that does tend to occur in the vicinity of sexually oriented businesses,
particularly where those businesses have clustered, has an atlverse effect on
property values." (Housto/l at H). Again~ without the underlying documents and .
testimony, it cannot be ascertained if this testimony is academically and
statistically sound, Of whether it reflects personal and/or academic biases.
(1) In discussing the need to recognize First Amendment protected activities, the
Committee and its members acknowledge their "personal preferences." (Houston
at Y)
(m) The next section of the report. (Huuslon at 9. el.seq.) describes the City~s earlier
attempts to regulate Adult L~e~. and their tate~.
(n) The next major section of the Hous/on Repurt (p. 16, elseq.) describes efforts in
other cities induding Detroit (,pp. 16 . IT): whatever cities may be described only
",' \ . 't '... . ~';
1'';:. ..
. McLaughlin l.()llSuiling :'crviccf.. Int:.
lmliCin RUl.:k$ Beach, Florida
First Amcn<.lmeol 1.....II.'\'cn, :\!o~"l'lallllll
J'chrul:Il'), 11)l)~ Mct:llng
Analysis of 'Adverse Se('Ol1da~ Elfel'I"" Slut1IC~
1~
1 )c('cl1lhcr 21. )')'}1
on page 17. Boston (pp. 17 -IH): Chicag.o (p. IlJ): Dallas (p. 14): Lo~ Angele~ (Pp
] 9 - ?). See footnote 4.
(0) The balance of the HOllS/OII Rcport (p. '.). ct..wq. ) comprises proposeu regulations.
and discussions the rcof. See footnote 4-.
(p) In discussing the reglllation~' JefinlllOll~. the report n()te~ that Adult Uses have
resulted in "consequent problcms cau~cd for nci!.!hhorhool! stahility and the
quality uf life. a~ reflected ill pr()pcrt~ \ alul:s." (I-lUllS/Oil at 2]), Yet the report
offers no uucumCIlLatiull that there is a cau~c anu effect relationship between
Adu It Uses and property valllcs. I n fact. the experience in St. Petershurg, Florida
seems to be the opposi te. (,
(q) The report refer~ to additional alleged erfect~ when Adult Use~ are clustered.
allegedly based on testimony from the Chief of Police. (H(}uston at 26) However.
no where in the uocument. a~ provided by the City of St. Pctcrshurg. "7 are found
any empirical data to support this contention.
(r)
The report then deals at length with locational issues. (Houston at 26. et.seq.). a
problem with unique parameters in Houston which has no Zoning Regulations.
(s) There is then a discussion (Huuston at 2~. el.seq.) of existing non-conforming uses.
The City recommends that when an Adult Use is non.conforming because of
proximity to either another Adult Use or to a community use, the older of uses.
be allowed 10 remain.
Ultimately. the Hous[ol1 Repol1 (at. p. 30) recommends that AduJt Uses be
amortized, with an amortization period of six months, subject to extension if the
use can prove that additional time is re(juired.
. '- .'t":""'~l";"';:~"\'i~';';';'':'"''';''' 1 ..~".
6 A recent Analysis of Property Values by the Consultant (including
three Adult Uses and two control blocks) showed no cause and effect
relationship between Adult Uses and Property Values in the City of St.
petersburg.
7
Or from the other local governments which allegedly relied on the
Eouston Report.
McLaughlin Consuhing Services. Inc.
Indian Rucks Beach, Florida
Flrl-I t\Il1CnUmCnl IAW'\.'Cn."'\SMIl'II1\1~1I1
Fellrua I'~, )IN,; \1cc\lng
/\nalysis 01 "Adverse SerOIIl.lar~ 1:/tc('IS" "'I udlc~
jJcn~mllCI 21. jl.N2
14
(;
(t) The balance of the report (Houstol1 at 31. et.seq,) lieals with issues such as
exterior signage and appearance: and administrative Illatter~ such a~ revocation of
permits. licenses. emplovment 01 and attenuancc by minors. and the like.
(u) Again. there IS it reference III the testll1HH1\ of "(I llumher Dr experts in Houston
real e~tatl' .,. tl1al IhL' IHIsllle~SL'~ ,llhL'hCI} ark,-'I till' \'allle of adjoining and
neighboring property." (UIJUS/o1l al 35). Ilowevcr. III the absence of the actual
testimony. and an opportunity to lktcrminc its prcdicatc!-.. the value of this
assertion cannot he uctcrmineu.
(v) The conclusion to the /-Jou.\'[UI1 Report (Pp. J~ - .19). acknowleuge~ that the City
wished to proviue a more restrictive Ordinance. and that the restrictions were
limited as a result or the work uone in reaching the Ordinance. The conclusion
asserts that the proposed Ordinance represents a "careful balance" of competing
interests.
SUlnmary:
Houston's problems are unique because they have no underlying
Zoning Regulations:
The Houston Report makes a great show of halancing competing
interests. and payi ng careful attention to the rights of Adult Uses.
and further acknowledges an initial hias:
However. from the report alone. it cannot be ascertained whether
the Houston Repon actually achieves its objectives. or whether the
statements are just for show:
The Houston Repol1 makes reference to expert testimony related to
both property values and to criminal activity~
However. without seeing the underlying testimony, the validity of
that testimonv cannot he ascertained.
'"
Report on Adult Oriented Business in Austin (Texas)..
May 19, 1986:
(a) The Adult Uses in Austin represent a particular problem "due. in part. to the
moral implications associated with such enterprises in the minds of many
members of the conlmunity." (Austin at 1) A clear statement of bias. right at the
McLaughlin Consulting ~ervices. In(;.
Indian Rocks Beach, Florida
-." \.< :.>:'..,~,..~.":"~,"";';'..~,:~*..",:.'.
FirM ;\OlenUmCJlI I.awyer- ,\!I~Pl'iiilli>n
I chrUlll), lilli" \1CCIIJl!!
Analysis of "^d\'crsc ~cl'Ondal'\ Htccl~" .\ludlC:.~
I~
I)C\'C m he I :2 f. IIN2
(h)
(c)
(d)
(e)
(f)
(g)
(h)
, (i)
U)
beginning of the Study.
However. the purp()~e of the stlld~' l~ to "()h.iectivel~' evaluate thc impacb of adult
entertainment bllsinc~~es on Sllrr(}lI(HjJl1~ I1clg.hhorhul)d~ ..." (Austin at I)
The next ~CCtlOIl 01 the ,.111.\/111 NC'f'/()rf tpp.:2 ~ ~.) Ic\il'\VS v,:urk dUl1e III otl1er
cities: Am;'lrillu. Beaumont. JndiaIlLlpllli~. Los An~ele~ City. L()~ Allgele~ COllnty.
Phocni~ and Sl. P,IU!.
The Austin NejJorl ncxt reviews the legal basi~ tor Auult U~e regulation~ (PP. 4 -
5 ).
Austin included 4lJ Auult U~es. grouped into t\V() categories: Adult Entcrwinrncnl
Businesses (huokstores. thealers anu film stores) anu Adult Service Businesses
(massage parlors. modelling stuuio~ and hars and cluhs). Austin at ().
The Austin Repol1 next evaluates the impacts of Adult Uses, starting with the
incidence of crime (p. 9, et.seq.). There is an extensive discussion of methodology
(p. 9. et.seq.). which. on its face. appears valid.
Land uses. land use controb. and population characteristics were reviewed in each
of four study and control areas. and both the studv and the control areas seem to
.' .
have been carefully selected and appropriate. (Austin, p. l), el..\'eq.)
However, absent from this discussion is any indication that the authors of the
report considered other LULUs. such as Alcoholic Beverage establishments, pool
halls, temporary employment facilitie~. and blood donor clinics. (Austin at 10 - 11,
20- 23).
Therefore. the otherwise apparently solid conclusions of the Austin Report with
respect to a significantly higher crime rate for general crimes (Austin at 23,) are
absolutely meaningless without consideration of these other LULUs.
The sexual crime data. (Austin at 10) are meanin~less without a breakdown of
...
violent crimes with victims. and crime~ that 11m)' be alleged as a part of the Adult
Use business. Also ahsent trom thi~ analysis is any indication of whether the sex
crime statistics re la te to char~es or to actual convictions.
.....
McLaugWin Consulling Services. Inc.
indian Rocks Beach. Florida
....,:\..
: ,-....:, :,', .
Flrsl :\ml'nJml:1l1 I.il' \l'r' \.'.......I~III<.1\
f'cbrUill). 1"1)., \1ccllng
Analysi!'> of "Adverse St:('ol1u<:m EllcCI~ ,. .1,1 uu IC~
j(1
Ilc'l'll1l'cl :1 JIll!:
(k)
<I>
(rn)
(n)
(0)
(p)
(q)
(r)
Finally\ the crime statistics are reported a~ offenses per I,OOt) residents. (Austin at
10) While the resluent 1)(lJlulatiuJl (lltlte ~tlld~ and l'<lI1trol area:-.. ha~ heen
carefully mutclleLl. the "ILld~ dlle~ IIt)\ repllrt da\'lllllc (II 1H>Il-re~IUenl population.
which i~ ahu an iIl1P()rt~1I11 tactor ill IIl1'. type 01 allal~/sis.
The next part 01 the ,.:IUSlill f<(/jJUrf tpp, 14 - 27) Lkab with real estate value~.
Although pre~lIll1ahl~ hard real estate Llaw ,trt' ,Ivailahlc 11'0111 property
as~essment~ lor property W..\C.I,. I~L\ rCl'on.b. and record.... Dj' land transactioJls.
Austin insteau elected to uctcrIllIl1C real the alkgetl effect 01 Auult Use~ un
property value~ through a suhjective survey of real estate appraisers and lenders.
(Austin at 24).
The questionnaire L1~eLl (.'lllstill. Appclll.1i^ D. pp. 45 - 4(1) ask~ no ~l)ntrol
questions ei ther ahuu t ot her L U LU~ or ahout the pote ntial hias of the
respondents, e.g. regular church goers. hcall~ or families, non-urinkers, visitors to
Adult Uses. etc.
Accordingly. the real estate informa tion. ill particular wit h the conspicuous
absence of reaLlily avai lable hard uaw. IS totally unsu bstantiatell. and not worth
the paper upon which it is written.
The final part of the AUSlin Rep0l1. (pp. 27 - 31 ) is an analysis of the trade area
for Adult Uses which concluues that most patrons of Adult Uses come from a
significant distance from the use.
This concI usion. while possibly useful in supporting the establishment of a parking.
requirement determination or of a Transportation Impact Fee for Adult Uses, is
meaningless in terms of computing the alleged 'ladverse secondary effects" of such
uses. It i~ undisputed that most Adul t Uses are generally not neighborhood
commercial in nature. and that the\' uraw their clientele from further afield.
The study concludes with a sumnlary of its findings~ and with recommendations as
to the refl.ulation of Adult Uses. (.I-Justin at 32 - 34.)
'"'
Summan':
The Austin RefJoJ1'~ crjme analysis stans with a proper methodology.
but. because it does not consider other LU LUs. the apparently
McLaughlin Consulting ~crviccs. Inc.
Indian Rocks Bcach~ Florida
1 '0.,
Fmil Amcndnll:rll 1..1wvl:r.-' /\M.ll('iallllfl
h:hrulIl"). 1111" \kl:llllj,l,
^nlllysll> of "!\dven.c ~('llnll:tr\ Efle('I~" ~l udlc~
I)c('cmllt: r :! l. ) l)<J:?
17
sound l1leth()dlllog~ bcc()l11e~ meanlllgle~~.
The report':-- I cui c~tate fi Ildi I1g~ arc lUtall~ LJn~ub~tantiatcu:
The rep()rt'~ trade arci.l analv~i~ i~ immaterial.
Adult EruertaillnzenL 1.!..~\'tahli..\'hmenLs in Oklahoma CitY7 A
SUfVC,')' of Ueal Estate Appraisers. March 3. 19S():
(a) The Oklahoma SU/1'ey \va~ done after an Auult Use Ordinance was passed (at 1).
(b)
The mailed survey i~ very similar to that used in Austin.
(c) Although presumably hard real estate uata are a\'uilablc fro/ll property
assessments for prope rty taxes. tax records. and recorus of land transaction~,
Oklahoma insteau elected to determine real the alleged effect of Adult Uses on
property values through a subjective survey of real estate appraisers and lenders,
(Oklahoma at 1 - 3).
:( d) The questionnaire useu (Ok/a/wnw. pp. 2 - ,)} asks no control questions either
about other LULU~ or about the potential bias of the respondents, e.g. regular
church goers, heads of families. non-drinkers, visitors to Adult Uses. elC.
.....
.' (e) Accordingly. the real estate information, in particular with the conspicuous
.,' absence of readiJy available hard data, is totaH}' unsubstantiated, and not worth
the paper upon which it is written.
The Oldalzol1ZQ SunJey is an uncontrolled. subjective survey, which is
totally meaningless.
McLaughlin Consu1ling~~ryiccs, In~.
Indian Rucks Beach, Fluriuu
.'~'';
~,
~
I
.
I
~ :
First AmcndnH'll1 1.ii\L\'t'I" .,,,,.Illlallllll
I;chrultJ-:-, 1l)1J.\ \1rcllllr
Analysis of "^dvcn>l' ~t~l'l "lo.m 1;f1t:m.~ ~llItllC!'o
1 ~
Dc:l't:mhcI 2 L I \}l}:!
Adult Entertainment Business in Indianapolis.
Februan\ 1984: K
.
(a) lndianapoli~. in I t)X~. had hK Adult U~e~ .It 43 dinerent location~. (/lldiUIl ujJ ()li.\'
at i)
(h) The implicalloIl 1/1 thl~ Slll<.l~' I." that tile first CO/lcern i!-. a moral one. (lndiaJ1apolis
at i) Ac.ain. tlw.. ~ll1lh hl:uill' \\1\11 all ()I)\'illu~ hia~.
~ "
(c) The ~tuuy Llue~ 1I0t L!OCUllICIlt v;l1at llther LULU~ I11lght be prc~eJ1l in the Study
Area and absent from the (ont rol Area, Detroit recogn ize~ that certain motels.
pawn shop~. billiaru hall~. elc.. can have the same effect as Auult Uses. Other
jurisdictillns have targeted help agencies and bloou donor facilitic~.
(d) With reference to "sex crimes" the Studv uoes not indicate how many are aJleged
violations in the Adult Use~. (llldia/lupulis at ii)
(e) The comparison of crime statistics docs not speak to whether the crimes are
reports. convictions or what (Indianapolis at ii) but they appear to he only reports.
(Indianapolis at 11 )
(f) The appreciation of housing value~ and real estate listing could be related to a
variety of factors other than Adult Uses. (Indianapolis at ii)
(g) There are insufficient data to evaluate the validity or otherwise of the survey of
real estate appraisers. (lndiwwpuli.\ at i ii) For example. did the survey include
demographic or control question~. If suo were there correlations between Church
attendances and responses. age and responses. marital status and responses, etc.?
. . . ,
~ ." ,. :. '\. ",;, ,', ',_ 1> .
(h) The survey is further deficient for its apparent lack of definitions and of control
8 When the Indianapolis Analysis was initially reviewed, its pages (as
were the pages of all the material considered in the Citrus County matter)
were numbered as part of a large package of materials. In this Analysis, page
numbers were revised, after the fact, to relate to the individual page numbers
of the report. Further. the report considered for this Analysis included some
"separator" pages, which were not included in the original review, and
excluded the maps which were reviewed originally.
McLaughlin Consulting ~crvices, Inc.
Indian Rocks Beach, Florida
;~
r.
~
y
hn-.\ AmcmlmcI11 1..i:IWH'~ '\~~"\'Ialhln
h:hrUlll"). (I)'); \keIJll;:
Analysis of "Advcn-.c Sc:('onu<Jf\ I:rlc('I~" \ludIC~
(i)
( ')
J
(k)
(I)
(m)
(n)
(0)
(p)
III
/)crcnlllcr 21. Itll}2
qucstion~. e.g. "Hov, hlg I~ .1 hl( )(:1\',''' "\Vould non-Adult commercial uses have a
similar effect?" 11llUiullUpolt.\ at iii I
There i~ the first \aIJd ulll\' I lecugnllloll 1I1at Auult Uses may 110t l)c tile c~use of
alleged llel.!~hh()rI1(lud pruhlclll~. hUI rather Illa~: IUl"oJl\..' III .IIC.l~ .dread\ ill decline.
(iJlJiwwjJu/i.\ at ii i)
Adult Usc~ are ren)Jlllllclldcd {)Ill~' 1(11' rcloltivcl~' illtcn~ivc commercial areas and
not for IlC I ~h hur/lOud COIlllllC rcia I or. h~ in Ie rc n cc. IIHILJ.\l ri.1I .1 rc a~. (/ JJdiwllIpo!i.\
at iv)
Agai n, the fi rst concern j~ the "moral i mpl icat ions attendant upon such businesses
in the minds of Illany Il1cll1hcr~ or thl..' cOl1lmunity." (/lldiwlllfJO/is at v)
The allegell"negallve impacts on neighborhoods" are clearly relegated to a
secondary consideration hy use of the term: "... additional charges". (Indiunapolis
at v)
Again, the only apparent distinction between the Contfol and Study areas was the
absence. or pre~ence. of Adult Uset,. It i~ unknown if other LULUs were present,
and if so to what extent in the different areas. (llldiaJlupo!i.\ at 1)
With respect to the Control and Study Areas: "... the dominant characteristics
were their zoning miA, population size and housing stock". (Indianapolis at 1)
The use of a crime rate per 10,000 population can be misleading, because it
ignores the "daytime" population of commercial areas. Absent firm data un the
daytime populations, these crime fates are meaningless. (Jndianapolis at 7)
More appropriate measurements would be crimes per area. or factor of daytime
population. The study is correct (lndianapulis at 10) when it states that crime
rates are an appropri'ate measurement in neighborhoods. but only when totally
residential areas are compared.
Notwithstanding hiase!- \vhich are likely to cant the results towards a finding that
Adult Uses contribute 10 crime. the Study actually found that in pure commercial
areas, the crime rate was lower in the areas containing Adult Uses. In areas that
were predominantly residential. the crime rate~ were approximately equal.
McLaughlill Consulting ~ervices. lnc.
Indian Rocks Beach, Florida
~.~ "":.,
II!"sl l\nlCll~hllClll I..dW\'l:r~ .\h....I\.I<III. '11
h:hrua,.... )IN; \1l'c llll~
..\"lI/VSiS 01 "AdVC/'l.t.' "Cl'''lldil'''' 1'.lIc('I~' ", udll',
~()
DCl'cmhl'l' 21. 11JlI2
(lndianapoli.\ <.It 13)
(q) The only area type' in which the crime ratt' was 10unu to he higher in the Study
Area wa~ the mixed ll~l' area. ) et there are e()L1rltle~~ other explanations for this
fi/luil1~. (>Ide l. 1I nplalllll'd J111.\l'd L1~L' <II L'a~ all' IllUll' pllllll' to lallu use conn iet:--
which. ill turn. kaLi tll 1l'l.JucL'd pl()pert~ \~dllc~. k~~ stable residelll~ and the
resulting prohlems of urhan decline. Therefore. it is at worst. inclusive that there
is a correlation betwel'1l LTIIlW r:ltl' ami Adult U~c~ in these areas. More likely, it
i" il1lpr()h~lhll' tha1 t!JClt' 1~"UL'lJ ~j C()rtl'I~IIJ(lll.
(I') With respect to the alleged ''sex-related'' crimes (/mlianafJo/is at IS) there remain
many pr()blcll1~ with the findings of the report. including all of those applicable to
all crimes. It must he rcmcmhereu that three or the ~i~ categories of "sex-related"
cri mes ;.HC preslImably hot h \'olu ntary anJ victi mlc~s.
(5) The authors of the Study, having found unpalatahle results. have chosen to hide
behind their statistics and ignore in their summary (lndianapolis at 18) the results
by area type.
(t) The Study, on which I(KUI government!-l purportedly rely. rinds: "The anomalie~
demonstrated in the (;omparisun of the Study Area with the general population
and the Control Area will not~ in themselves. establish a casual relationship
between Adult Entertainment Businesses and the crime rates in the immediate
are surrounding them." Illldiunupo/is atl X: Emphasis Added.)
(u) The only alleged finding is a uniformly higher rate of sex crimes (lndianapoLis at
18) but this finding is made without substantiation.
(v) The alleged analysis of mortgage values and multiple listings (lndianupolis at 27 -
30) begs the question of whether Adult Uses are located, where they are as a
cause or effect of the fincjj ngs. Notwithstanding this unanswered questions. the
data seem contradictory and vague and are certainJy not an adequate predicate
for an Adult Uses Ordinance.
(w) The use of mortgage data (i/ldiu/lupolis at 27 - 3U) is much les~ effective than
recorded sales. because it does not present the true value of property.
McLaughlin CUl1sult ing ~erviL:cs, 1m:.
Indian Rucks Beach, Florida
'. ~., ",'. " " , j ".,', .. '-'. ,
. ~. , ..... '..' < ". . . J .. . : '. . '
firsl Amemlmcnl 1.a""\I.'~' '\SSlIrlill II 111
h~llruan, /l1<i; \kl'11I1~
i'n~fvsls of "A,lvCl'Sl' ~Cl'llnl1,tn J .ItC('I~" :-Olu111C!-o
~1
Dl"(,c01hl~r 21. )9(}2
(x) There are. a~ stated ahove. ~lll1pl\ too rnan~' unatldres~ed variahle!-. tor the
increases in mortgage value~ (/ndiulll.lfJoli,\ at 24) to he meaningful.
(y) Similarly. there arc ag.alll 'lll1lpl~ lllll Illall~ 1I1l,H.ldre~~ed vanal)le~. lor the
discrcpanci('~ III real e~lt1tL' licti\'lt\ (/ntliell/lI/Joli,\ at 3()) t(l he meaningful.
(z) Notwithstandlllg blasc~ \vhieh ,Ire likel~' tll GUll till' result:-. towartls a finding that
Adult Uses contrihutc to lower pruperty valll<,.'s. the Stlld~' actually found that the
Slud~ ArC~1 11a~ "... ~l rl'.",dclltl~tlll()lISIIl!:! hast' oj' ~LJb!-.l~lnti,lIly higher valuc than
that tound In the areas chosen as control sites. (lndiwwjJu/i.\ at 31)
(aa) The slower rate ot real estate appreciation and the tliflereIll rate of real estate
activity (1Iluiw1l.I1}()/i.\ at :;~) could he cxplained hy a large variety or raetl)r~
unrelated 1u Adult Uses and i~ tIJU~ mellnill},!,lcss.
'-
(ab) Following are comments on the Appraiser Survey. However, the Survey itself i~
so hadly constructed as to be incapable of providing meaningful results.
(ae) The hypotheses of the survey are inadequate: how long is a block? Is the area
suburban or central city? Are other LULUs present'! Are there other
commercial uses? What is the transportation system like? What are the pre-
Adult Use property values? Is the area already in transition?
(ad) While the survey did make an effort to establish opinions of comparative effects
between different uses (llldiwwpuLis at 40) they missed many of the LULUs which
have been the target of regulatory efforts. including temporary help services and
blood donor clinics.
(ae) Twenty-nine percent of the Appraiser respondentS opined that one aduJt
bookstore would have no impact on adjacent neighborhoods, while 5090 predicted
a moderate to substantial negative impact. In both groups. only 13l1o based their
opinion on professional experience. (lndianupolis at 38)
(af) Some respondents picked-up on the deficiencies in the survey instrument and
added contingencies to their opimon!-.. Those contingencies included: existing
property values. community attitudes. development standards and the nature and
buffering of the commercial area.
McLaughlin ConsulLing Services. Inc.
Indian Rocks Beach. Florida
) ,: 'v',>.
FIrst '\mcn{hncllI 1..1....\c~, \1'1'0,.,"<11""1\
h'hruill"\ I'j{n \k~'IIIl~
Analysl~ Of "Adversc :-.cconuilf)' HIe,'!.," :'lWt!le:.
"..,
I )ereml.t"' :1 I. I'N:
(ag) Indianapolis found it approprIate to undertake two l.!tSlInct ~llrvey~ - one
nationwide and one of MAl apprai~er~ in arcus similar tll the ~L1hject area.
(ah) Given the level oj Lictall 011 tl1e Illap~ It I~ inappropriate t(l cllnsiucr neighborhood
corlllllen:ia! alld ~pl"L'Ial lI~l'~ ..1~ I e;-..ldt'lll 1:11.
(ai) From the !lraphlc~. it appcar~ that mo~t identifieu Adult U~e~ arc located on
major r()ad~ and 1l111~1 arc at l'orllcr~. The map~ du not indicate. anu the
C(ln~lJlUlnl d()L'~ !lot kn()\\ IIlJi~llI~lIl()li..... \~'hcthcr t/Je....c ~lrc:l~ arc pedestrian- lIr
vehiclc-llriclI1eu. CHI) or ....uhurban, ~lI1d what other area churactcristlc~ they have.
(aj) As stated ahove. a major problem with the survey is the uhsencc or demographic
data. The resLlIt~, therefore. are gellerally meaningless.
Summary:
The uaw incluueu. v....hilc apparently hiascu to find the alleged
detriments of Adult Use~, actually prove relatively few adverse
effects. In any event. the data are so weak and incomplete as to
prove the invalidity of the results:
The Indianapolis Analysis is the only Study which even identifies the
possibility that Adult U~e~ establish in areas already subject to
decline. rather than causing a decline:
Other admissions in this Study. suggest that some degree of
professionalism was employed at the heginning, hut gave way to a
pre-determined result as the study progressed.
Director's Report: Proposed Land Use Code Text
Amendment, Adult Cabarets.. Seattle, March, 1989:
(a\
.1
The Seattle Repon was prepared in response to a City Council resolution (at 1),
the directives of which are not stated.
(b)
"The proposal recognizes a growing concern for maintaining the neighborhood
character of the City's commercial areas." (Seuttle at I)
(c)
The !::>eatt/e Report hegin~ with an assertion that Adult U~es have an effect on
McLaughlin Consulling ~l;r\'icc!i. Inc,
Indian Rocks Beach, Florida
';:
t:j:
,
>, .,....... ',",
First Amendment Lawver.,' Al.Slll'lallOn
I'chrua r.. JI,'j; \It:l'llll~.
Analysis of "Al1ven;c ~cl'llmjan Hle!'ls" ~tullICl-
..,,,
_."\
I>~l'emoer 21, 1l}(}2
surrounding areas. and "thi~ report c()ndude~ that a~ a das:-. of LIse. adult cabarets
have adverse impacts on ruhlic ~afcty. welfare ant.! prorerty values." and that
Adult Uses are not compatible wltli rc"iJcntiH/ area~. (Seall/(' at 1)
(d) The N('/}ur! 11Idicate:-. tllat Illl'rL' all' L'I~hl cahalel Adull L:-.e:-. III tile Cit~,. localeu
111 L.I varicl~ ul dU\\I11ll\\ll. ~L'lll'lill .lIlt! 11l'I~hh()II1\111d L'\llllllll'IClal Z()lIll1g Di~lrict~.
(Selltl/c al 1)
(e) A~ till: 11 1I1l1hL' I ul Adull U~l:~ IllL'Jl'a~l.'d. ~(l diu citizen ()pp()~ili(lll It) them, and it
was that cllizcn t'unccrn that promptcu the preparation or the )<l'fJurt and the
resulting legislat ion. (Seafl/e at 2)
([) The repllrt then rc\'iew~ licensing legIslation. i.lIHJ then the} {)IIl/g and Rell/uJ[
opinions and their ralllificallon~ tll! the Zoning or Adult Uses generally, and
particularly in the City or ~eattle. along with the City's application of those
requirement~. (Seuttle at 3)
(g) During the public hearing on Seattle\ Adult Use licensing Ordinance, many
citizens spoke of their concerns with respect to: "parking and traffic. deteriorating
property values. attraction 01 undesirahle transients. increases in crime. hazards
for children and personul safely...". (SeattJr> at 4). However, the Repol1 does not
substantiate that any of the!\c concerns are justified or have any basis in fact.
Further. the report does not identify the qualifications. if any, of the speakers, or
the nunlber of speakers whose target was the content of the Adult Uses.
(h) The Seattle Rep011 then reters to crime ~tudies conducted inNe~ York. Cleveland,
lndianapolb. Los Angele~. and Austin for the proposition that there is a higher
general crime rate in areas including Adult Uses than in other areas. (Seattle at
5)
(i) The Repon then cite~ (l Phueni>. stull! for the proposition that the incidence of
sex-related crimes was higher near Adult Uses and the Phoenix and a Boston
study for the proposition that concentrations of Adult Uses result in higher crime
rates. (,seUftk.> at 5)
. U> The !)ellttJe Repol1 acknowledge~ that nl> study ha~ been done in ~eattle. hut state~
that the one paragraph of "documentation" "demonstrate[s] a direct link between
McLaughlin Consulling ~crvices. Jne.
Indian Rocks Beach. Flmida
FiNo' Amenllmenl I...iwvcr~' A!\SOl:iallon
h'bru.1r\ I I'" ~ \1cl:III1~
Analysil> o! "AlIversl' ~l'llIllJlll"\ 1:I'Cl'lS' -"ludlCS
~4
Decemh!:!' 21. )lJ'J2
the potential tor Increased cnml/lal activity and adult caharets." (.Seutt/c' at .s)
(k) The RC'pof7 then d()cull1cllt~ that putroll ...urve~l~ ~1111V. that 1l11)st patrons come
from u t.listallcc to Adult L~e~. <llld III L111 LJllre1uted statcment. assert~ that noise
and light Ir(ll11 l'I11crgclln \L'hll'IL'~ rl'~p()lldlll~ to i\dult L :~e~ di~tllrhs till' arca~.
(.)('illl/i' at ~ - III
(I) The Sl'llflle' Ul'/JOn next disl'u~~e~ pr()pl'rt~. values. rclyill!-'. first Oil the ImJia/lUflo/is
Allal,\'.\'i,\. which ha~ heell discll~~ed at k'll!-'.th ahovl'. (S(,Lillle at ()).
(m) Also on the topic of property values, the .)futlle Report refers to studies in Kent,
Washington, Lus Angeles. Oklahoma and \Vashington to support the theory that
thcre is a rclatiol1~hip he.tween property v:.due~ and Aoult Uses. (Seotll(' at h) No
commcnt call hc made Oil the studjc~ rclcrred to and which have not hccn
reviewed hy lhi~ Consultant. However. the Ok/alwJlw SUI1'(~\' has been discussed
above, and found to be meaningles~.
(n) The next section of the 5eol1/(, Rep0l1 provides parts of the proposed legislation,
and discusses which Zoning Districts might he appropriate for Adult Uses, with a
brief discussion of each part thereof. (Seattle at 7 - 10)
Summary:
The Seattle Repon is nothing more than a compendium of works in
other citie~. together with an analysis of Seattle's Zoning Districts
and their suitability for Adult Uses~
There are no new data. valitl or otherwise in this report.
However. the proposed legislation t.lues "grandfather" existing, 000-
conformmgAuult Use~ in perpetuity.
(0) Of particular note is the fact that the proposed legislation would make all eight
cabaret Adult Uses non-conforming, but recognize those uses in perpetuity.
(Seattle at 7).
Pinellas County Sheriffs Department Repons:
(a) The Sheriff~ Department \ report I~ hased on "known facts. statistic~ and opinions
McLaughlin ConsulLing ~crviccs, Inc.
indian Rocks Beach, Florida
Firsl ^mcmlnll'nl I-'tWVI'r,..< ,\s\n'l:lllllll
J't"'l'u.ln II"}~ \.kellllr
Ana"'SI~ of "Adverse: ~e('ondal) bllcl'IS" SI ucJJt:..
""
[)c('emht'r 21. 1lJ<J2
... [and on] actual rccord~ ... land on] the Attorney General's COIllmission on
pornography [sic 1". (Pinel/a., ~ll I)
(h) Given the report's predlcate~ that Adult lh,e~ arc "vice". "ahnormal behavior" and
have a "Cillll('IIIU'- !!Ill\\lll'<. r~lllll'l thali 'lL'lll~ (lllhlltlltlllllall~ prlltected
e^prc~~lull~. till. ICIJ(trll~lIl Ilaldl\ "l'l\l d" till i)<l"I~ 1111 all)lllill~. Till" rq)()rl g()e~
on to state that pall 1111:-- III /-\dult ll"c", .Hl 'll1orall~ depraved" (/'>i/l(~l/t.J.\ at I. .3);
and that "t()ple~~ I)ar~" are III It OIl" a IlICCtlllg place for people uf 11)\\, moral
~la/ldaJ'l.b III PinelJ;I> (<Olllll\ ...", (}';I/d/u,\ at 1) Thc~c ~latcll1enh are evidence Dr
a dear bia~ on the part lit thL' al1tllur~.
(c) The next Ill)!lI! made 1:- that Illall~ Adult LJ~e~ ~ellil1g ur renting materIal h.eep
b()ok~ that a~~lq In t.1:\ trallJ, (eille/la.\ ~Il I) Thi~ practice j~ /lOt. by ally ~trclch
of the imaglllatlull. {.'()Ilfincd tll /\dllll L;~l~~. F<urther. controb of one aspcct of a
hLJsiIleS~ or develupmellt should not he u~cd as a suhstitute for the (lh~eIH.;c of
effective con trois over other aspect~.
(d) WhiJe the Sheriffs Department ha~ conducted narcotics investigati()n~, and made
narcotics purchases at topless hars (Pinel/us at 3. 4). what is left unsaid is that
there (lre mal1~ other estahlishments JrI Pinellas County which are 110t AduJt Uses.
hut which have a similar problem.
(e) While the report alleges violations of various statues related to nudity and lewd
and lascivious behavior (Pillellas at 2). what the report fails to disclose is that
many of those charges which were contested resulted in acquittals.
(f) Although the Sheriffs's report speaks highly of Clearwater's Ordinance (Pinel/as at
7), there is no evidence that the Ordinance has ever been challenged and upheld.
In fact, on its surface. the Ordinance appears unconstitutional.
(g) The Zoning Department report relates entirely to zoning. and to site specific
considerations in Pinellas County.
Summary:
The report uf the Sheriff~ Department is so patently hiased and so
unenteJ towards an attack UIl protected activities. that it cannot he
considered as a valid preuicatc for any action. It also fails to
addres~ the non-Adult U~e~ which have the same problems.
McLaughlin Cunsulting ~eJ'\'icl~:-i. IIlL,
Indian Rocks Beach. Florida
,:;.
~: u , .
.,i;
FiO;' Amendment Lawver.-' A""lwialh\l\
I'chruitl"\. 1"11' \1t:t"1I1~
Analysis (If "Adverse ~l'ullllary Ellel'ls" ~Iudic~
2h
Decemhcr 21. llJ92
to:
HiJlsborough COunty Sheriffs Department Ueport.\':
(a)
The Hill~h()r()lI!lll L'()1I11l\
e~c1LJ~lvcly. \\JIIl ()h:-'l'L'IIC
SlJcrin"~ HL'pllrt~ and rebted
111~lll'rlal,
malerlal ~ecll1
10 deal
t.'
, .~~
Fin;1 AOlCndmerll l.awvcrs' AsslJnallon
h'hlUMI I','n \1Cl'III1~'
^l1alYl>l~ of "AlIve",e Sc('Ondll~' Ellet'I!'" ~lutllC!i
~!
Dccemhe, 21. IW2
3. SUMMARY AND CONCLUSIONS
. 3. 1 S U 111111&1 1"\':
I. The malenal in the ahove stl1Llic~ hCIIlt'- considered hy the Courts or hy local
governments in support of Auult U!-.e Regulations has been referred to hy at least
three local ~()VCrrlC1lcnts. Howevcr. as nO-O/lC t(l datc ....ecllls to havc ldcntifieu the
'-
fact that the HOU.H()1l NefJorT is incomplete. one i~ compel/ell to wonder how much
attention is being paid to the documents. or whether their alleged review is
Inerely "lip service" to meet the apparent legal requirements.
2. . f\1any of the reports. e.g. Houston, Austin. Indianapolis. and PilleLLas Count)' Slzerijj~
at least consider the "moral" implications of Adult Uses.
. .
. 3. Most of the studies are intended to support Zoning Regulations. although at least. .'
one city (Amarillo) i'as contempJati~g combining licensing and zoning
requirements.
4. Many of the studies. e.g. NeH')'ork. Delroit, and Houston, are for cities with much
McLaughlin Consulting ~~rvices. Inc.
Indian Rucks Beach. Florida
,":. ~:
" 1,
, , . '
"
'f "
'>,
.,.' "
FirM Amendment Law\'erl-' '\!-!o.llClilllllll
J-rhrUClr\ Il/In \tccllIlr
Analysis (If "Adven.r ~eC()1l01Il" Eflt:('I~' SludlCh
:.:~
Dc('emher 2\. )UQ1
~ '.
greater populution densitie!-> and land lI~e intcnsitle~ than the local government
jurisdiction!o. where they are helll~ employed. ('.g. Cit ru~ COLI nty and St. I'etershurg,
FlOrida. 11()1I~1()11 prl'~l'l1h ~l 1I111ljlll> ....IIL1:It 11111 IK'Glll:-'l' Ill' II', lad. 1/1 Zunill~
I{eg.u lat ion~.
5. Every study appears to have started with the specific objective of justifying
regulations of Aoult Usc!->. Not one study appears to have started with a truly
,neutral base.
6. ,None of the studies present. themselves. adequate or acceptable data to support
their conclusions. Several studie~. e.g. !-Iouston. Beaumol1t, refer to earlier studies.
or expert testimony, but without heing able to at least review the earlier studies or
the expert testimony. it i~ impo~sible to ascertain their value.
..,1-
'.~
"
7. > Not one of the foregoing studies has resolved the qUestion of whether Adult Uses
establish in areas already in decline. or whether they cause the decline.
not answer it. huliunupoli.\ also appears to have been started with reasonable
H. The lndiunupoli.\ Allulysi.\ acknowleJges that this que~tion is unresolved, but do
McLaughlin Consulting ~crvict:s, Inc.
indian Roch Beach, Florida
:~ .
,;
~~:' ,
t>l
'.'..'{ .
".
,1
Fino' ^mc:n<.lmt:nt I.aWI'l'r,. A."Sllnalllln
h"'ruan I';"~ \k~'lIl1r
AnalysIs 01 . Advt:n.c ~t'l'lllll.JiHI l.llcrl!-," "t\ldlt:~
2l)
J>c:('t:mhc I' 21. J W2
professionalil'im. which wa~ not earned through Into the final report.
y, t\1any studi~~ lump !\ktlIHllic lk\l'r:l~l' L~stahli\llIlll'lIh. (prlJ1larily l()uJlgc~ and
package store~) with Auull lj~c~. and make I1U ef1I)r\ to Jistingubh whether the
allc!!cd "<.tdvcr:-.c \('n)IHbr~ cl'lcrb" ~Ifl' the Il'~lIlt oj' thl' ;\Ic()l1uliL' Beverage
estahlishments nr of the Adult Uses,
~~l
. ~ 1
10.
One study. Seal/Ie'. results in a recommendation that all l1on-conforrning. Adult
..i.
Uses he "grandfathered". Another. (Houston.) sets a six month amortization
period. but provides for an extension if economically necessary. A third approach
is to permit an Adult U~e to remain if its non-conformit\' is the result of a latter
arriving community use.
11. . References to "expert real estate" testimuny do not inclu<.le that testimony. thereby
precluding any meaningful review of it. The Appraisal Questiunnaires used in
indianapolis,. Oklahoma and Austin. are fatally flawed as follows:
a) There are no control 4uestion~ 10 establish any possible bias of the
respondents;
McLaughlin Consuhing Services. Inc.
Indian Rocks Beach, Florida .'
, ,
.---........---- --~_.~--
'\ ,.
,~ .
Firsl /\mendOlt:nl 1,(jIHCr!>> t\SSlllHlIl'll1
'h'hrUiH\ JIlIn \kl'lIn;-
AnaJysij; oj "Adverse Seconda!") Ulet'ls" ~ludlej;
.iO
Del'cmheT 21. I Y'l2
b) , There are no control questl()n~ 10 consiLler similar effects 01 other Locally
Unpopular Land U~es:
<.:1 Theil' ,Ill IllilllUllli.1ll dlllllllllllb.
.<.1) The ljueslJonnaircs ~eek ()111~ Opll1lUns. nol empirical uata;
c::I It i!-. IlIPSI ,:urtOllS tllat \\'1111 "hard data" slIdl as leal property a~SCSSI1lCllts
for tax pu rposes. tax records. and real estate sales transactions presumahly
readily i.l\'ailahlc. these studies elected. instead. to ~eck only opinions. and
then malic no erfort to control t!lose opinions for bias.
12; Crime-relateu data are equally suspect. For example:
';,
a)
There is no indication whatsoever. as to allY exterior influences (c.g.'
.>Y.'
Alcoholic Beverage establishments. blood donor clinics, temporary
employment agencies. etc.) on the crime statistics:
" . b) There is no "before and after" comparison of the same areas with and
without Adult Uses.
c) Crime statistics are generally presented on the basis of number of incidents'
per numher of resident~. without regard to daytime or non-resident
population:
McLaughlin Lunsulting ~'H.:rm;C,.,. lillo,
Imlian Rock:. Bl:cH.:h. Flllrida
~ ...:.;
.,r )
, )",
, .~
First Amendment l.a\.\"\Icn;' "S/>lICIi1I111r.
l;ehrU;1T'\, Ililn \1~ctIllV
AnalysIs o( "Adverse ~C:l'lll111(H\ Llltl.t" ~I udlc~
YI
IJel'cmht"T 11. IW2
, d) Crime statistics are presented on the hasi~ Dr arrests and charge~. and not
of c()nvicti()n~. ParllclIlarl\' III ALlult U~es and their surrounding areas.
ttwrv arc (lllell anl''''I' 111:11 lI(1 11111 Il':o.ull III \.'I111\)l'lllII):--,
e) There are 1cw distJnclloll~ maue hetween arrests (not convictions) for
alleccd LTIIlIl':-' a:--~lIll~lll'd \\ 1111 \dllll Li...l'~ !I',!.'. "k\\d amI la~CI\'I(IW.,"
~ .
behavior hv nude dancers") and other "victimless" crimes on one hand. and
crimes a~ainst persons amJ property on the other hano.
,";.'
13. The lndianapo/is Analysis is the only study which acknowledges that Adult Uses
may establish in areas already in decline. rather than creating any declines that
may exist. Further. many of the ra\~ data presented in the Indianapolis Alla~}'sis
actually refute its ultimate conclusions as to the alleged adverse secondary effects
of Adult Uses. Nonetheless. the lJldiwzupolis Allll~}'sis is the most professional and
reJiahle of the foregoing stuuies. particularly \vhen considered In terms of its ra~
data and not its ultimate conclusions.
'~ ,
"McLaughlin ConsulLing~crviccs. Jnc.
indian Rucks Beach. Florida
. . ( :
1 '
-. . f t
;
First Amendmcnl l.awycr.;' Association
Fehruar\'. IIJCJ~ \1!:t-lIn!!
Analysis of "Adverse Sec:ondal) Eflcl'tS" ~ludJes
32
Derc:mtler 21, ]992
3~2 . Conclusions:
"
. .
'.'
, i
The above stutlie~ 011 wlllcl1 Illall' IUl:al l!u\'crIlIllCIII purport tll rely in the lortl1ulation
and enforcement of Adult Use Regulati()n~ are poorly prepared. scientifically,
"::;
,', J
professionally 4lI1d acaJcmically unacceptahle. and ()ften hegin with a bia~, In ;'lJ1Y event.
.;.
", <.' i',:
the studies were all prepared with the expres~ intent of supporting Adult Use regulations;
Not one of the studies provide~ an adequate hasis for the regulation of Adult Uses.
While a local government may be entitled t() rely on studies from other areas, the studies
discussed on this Analysis. (if in fact they are even heing read) do not substantiate the,
need for the regulation of Adult Uses!
. --'I
, . .
'McLaughlin Consulting S~rvices,' Inc.
'IndianRocks Beach, Florida
~:. .','~
.' ,
, ,
^ >,1
" '
,.
" .~
, , '
, '
..... "{""
, "
, , .
, ,
, ..~. ,.' .:~., . i': ',: . ':..': ,(....::i<;, f"..... L ',.
"
....1k ,. c.....-.... t
APPENDIX A
J
I
CITRUS COUNTY
ADULT USE ORDINANCES
RELATIVE POPULATION DENSITIES
. C1TRUS COUNTY AND CITIES IN SUPPORTING
CAStS A~D STUDIES
>,',
Citrus
Hillsborough County
Kansas City, Mo.
Indianapolis
Renton
Dallas
San Maria, Ca.
Phoenix
Pi ne 11 as Cou nty
Binmingham, Ala.
Atl anta
Atlantic City
Seattle
Los Angeles
Minneapolis
Detroit
Boston
New Yor~ C f ty
87
614
1,418
1,991
2,042
2,175
2,391
2,438
2,601
2,872
3,244
3,757
5,879
6,380
6,744
8,848
11,979
73,494
Location
Population - Persons
Per Square Mile *
" .
lp'opulation figures from Mark S. Hoffman, Ed., The Worid Almanac & Book., ','
", of Facts. 1988, Newspaper Enterprise Asso~iates, NewYor~.Y., 1988.
Populat1on aensities for all but Renton, Santa Maria, Atlantic City, and
Citrus, Hillsborough and Pinellas Counties from Hoffman, op. cit.
Areas for Renton, Santa Maria, Atlantic City, and Citrus, Hillsborough and
P1nellas Counties from U.S. Department of Commerce, Bureau of the Census,
Coun1:y .and City Data Book, Washington. D.C., 1983; density calculations by
Bruce McLaugn11n Plann1ng, Inc.~ Indian Rocks Beach, Florida.
. ' , ; . : : . . ~::. ;.' . ,':, ': : ~'. <
: "r', 'I:': :;.~..: ..
: I,', ". .~,',.,
.,~ 0
", 0
. ~c
"
" .r:::. '0
;,
.... . - 0 0 0 0 0 U) 0 0 CIl U) CIl 0 U) U) U) U) II) 0
'~ to' 0) Q) 0) Q) Q) 0) Q) Q) Q)
;; .' E z z z z z >- z z >- >- >- z >- >- >- .>- >- z
. '. CO
:.t
~ CIl C.
... Q) 0)
t =CJ)
j c.. '.
E to'
'" .0
!
~ 80
" "'::::,\ !-f
~
'i'
,1<
(.~ .. ..
.. .. . .
'::8.. ..
:...$..:.c'
.. .J::'.: 0
f.~ "~"- II) U) U) U) U) CIl II) II) II) U) U) (/) II) U)
. '~.'E 0 0 Q) 0 Q) 0) Q) Q) Q) Q) Q) 0 Q) Q) Q) Q) Q) 0)
'" z z >- z >- >- >- >- >- >- >- z >- >- >- >- >- >-
"$, .. co..
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i
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\..' >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >-
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Q) Q) ::J \.. Q) 'C 'C "C Q) ... L. ::J Q) co
c:: .. > 01 (,) ::J c:n ..... ..... II) +-' E :::s ::J (,) E ....
W .,~.... 0) Q) co Q) (,) CO ro II) CIl :::s II) co CO (,) (J)
(,) \.. (.) ..... .... ::J :::s U ::J E .... .... ~ E
-I '~.' "'0 :E 0 ~ 0 II) 0 II) U) c: 0 II)
c: c: 0) "'0 '"0 '"0 0 Q) Q) c:: 0 co
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-
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CO Q) ctl ..: z CJ) Q) +oJ .... ~
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AVAILABLE LAND FOR ADULT USES
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MAP # 300 FOOT SEPARATION 400 FOOT SEPARATION
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188 B 3.02 0.00
221 A 23.76 23.76
221 B 102.79 101.99
223 A 20.72 20 . 72
232 B 10.99 5.17
233 A 16.28 16.28
244 A 1.71 0.00
255 A 2.09 2.09
261 A 0.23 0.00
262 A 11.71 10.05
262 B 27.80 27.80
263 B 24.15 24.15
271 A 15.59 15.59
271 B 57.73 55.09
281 B 3.13 3.13
282 A 16.97 0.97
291 A 61.44 61.06
295 B 11.01 8.25
296 A 21.63 21.63
297 B 0.85 0.85
299 B 14.88 14.88
300 A 67.35 67.35
305 B 32.16 25.96
306 A 10.56 10.56
.,. 306 B 8.65 8.65
318 A 3.71 2.88
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TOTAL ", . .. . ".. . .
570.91 528~"8 6 ..
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. % OF. CITY 3.30 3.06
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OCT -20- '93 WED :. 7: 37 I D: ART DEEGAt~
TEL NO:8:3-462-6037
~205 POl
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memorandum
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FAOrv1:
SUBJECT:
October 20. 1993
Mayor, Commissioners
M. A. Galbraith, Jr., City Attorney
Michael Wright, City Manager
Art Deegan, Commissioner
Adult Use Ordinance (5490-93), Oct. 21, 1993
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In connection with the above referenced Agenda Item for Oct. 21, I would like to call your
attention to the section dealing with Hardship Relief. I am concerned about two Issues here:
1) the standards tor granting a varIance. In my opinion, we are here reverting back to the
same "subjective" standards which I have complained about for quite some tIme with regard to
the granting Of variances. SpecIfically, I rafer to:
Sec. 41.514 (3)(a) dealing with "a condition which Is unique to the property". This
may make some sense when talking about the location or size of a sIgn. but It doesn't
make any sanse to me when dealing with a type of business. And even when dealing with
signs, I was promised by staff that there would be condlseration given to finding more
uniformly applloable wording than "unlque".
Sec. 41.514(3)(b) dealing with "physical surroundings. topographical conditions, etc."
This do~s not make any sense to me either since we are talking about a type of business,
not location of anythlnQ on the property.
Sec. 41.514(3){c) dealing with hde minimis". Here again. either the business Is
allowed, or It Is not, so this does not make sense to mar
Sec. 41514(3)(d) dealing with "not materially daterimental to other property or
improvements". We ara finding as fact that such places of business are always
deterlmental to surrounding property values, so how can this standard ever apply?
I therefore request that we consider whether we really need to provide hardship relief .. or. If
we absolutely must, then let's find some beller way to prove hardshIp than these standards.
2) If we must keep this section and offer hardship reller, then I would ask that it be the
Commission, and not DCAB which hears the variance request. Not because I want more work for
the Commission, but because we are the ones which got the long briefings, and because of the
very widespread interest shown on the part of the citizens.
I DO NOT WANT PNY OF THIS TO BE REASON TO SLOW DOWN THE PROCESS OF ADOPTING THE
ORDINANCE, SO I HOPE THESE ITEMS CAN BE RESOLVED BET'NEEN FIRST AND SECOND REt\DJNG.
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CITY CLERK DEPARTMENT
Interdepartmental Correspondence
SUBJECT:
City Commission
Cynthia Goudeau, City Cler~
Adult Use ordinance 5490-93
TO:
FROM:
DATE:
October 20, 1993
Ellen Flint/Nelson, (owner of 311 Magnolia and 409 Jasmine), after receiving
", notification of the public hearing regarding Ordinance 5490-93, Adult Use Establishments,
phoned, this department expressing her strong opposition to the allowance of such
:establishments in the areas proposed.
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IICEIVED
oct 2 2 1993
ClTY C~eRK DEI".
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CITY OF CLEARWATER
Interdepartment Correspondence
TO: Michael Wright, City Manager
VIA: Kathy S. Rice, Deputy City Manager
FROM: Scott Shuford, Central Permitting Director 7.>
SUBJECT: Locations for Adult Uses
COPIES: M. A. Galbraith, Jr., City Attorney
Cyndie Goudeau, City Clerk v
Rob Surette, Assistant City Attorney
John D. Richter, Senior Planner
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DATE: October 20, 1 993
Two days ago, when reviewing the proposed adult ordinance, the City Commission
inquired: (a) What separation from churches, schools, parks, and residential would
yield 2.3% of the land area of the City available for adult uses? (b) What would be
the effect of deleting the Commercial Center District as one of the zones available for
adult uses? In response:
The Central Permitting Department determined that a 500 foot separation would .
. provide very close to 2.3 ok land area. The Department found that a 500 foot
separation would leave available 2.32% of the land area.
The Department further found that elimination of the Commercial Center District as
an available zone for adult uses would restrict available area to a level of high risk
defensibility. That is, if the uses were allowed in the Limited Industrial and Highway
Commercial Districts, and a 300 foot separation were applied from churches, etc.,
'. only 1.28 % of the land area in the City would be available for these uses. Assistant.
City Attorney ,Rob Surette's research shows that at least twice that land area should
be made available.
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. . Additional Information was provided with this
item
SEE Official Records Reports/ Studies
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AGENDA
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ORDINANCE NO. 5491-93
.59 G\-
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING CABLE TELEVISION SYSTEMS, TO
PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER
RATES AND RELATED EQUIPMENT, INSTALLATION AND
SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING lN THE CITY OF CLEARWATER; PROVIDING
FOR AN EFPECTIVE DATE.
WHEREAS, on October 5, 1992, Congress cnacted the Cable Television Consumer
Protection and Competition Act of 1992 which, among other things, provided that the basic
service tier rates, and the charges for relatcd equipment, installation and services, of a cable
tclevision system (hereinafter, "Basic Service Rates and Chargesll) shall be subject to regu lation
by a franchising authority in accordance with regulations prescribed by the Federal
Communications Commission (hereinafter the "FCC"); and
WHEREAS, on April I, 1993, the FCC prescribed such regulations in the Report and
Order, In the Matter of Implementation of Sections of Cable Television ConSllmer Protection
and Competition AGt of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177 (released
:t\.1ay 3, 1993) (hcreinancr the "FCC Rate Regulations"); and
WHEREAS, the City of Clearwater (hereinafter, the "City"), is a franchising authority
with the legal authority to adopt, and the personnel to administer, regulations with respect to the
Basic Service Rates and Charges of any cable television system operating in the City, including,
without limitation, the system currently being operated by Vision Cable of Pinellas (hereinafter
"the Company") pursuant to Ordinance 2084 adopted by the City Commission on February 21,
1980 (hereinafter the" Pranchisell); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the
Company and any other cahle television system operating in the city and shall do so in
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accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent
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provisions in the Franchise;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section l.
The City will follow the FCC Rate Regulations in its regulation of the
Basic Service Rates and Charges of the Company and any other cable television system operating
in the City, notwithstanding any different or inconsistent provisions in the Franchise; and
Section 2.
In connection with such regulation, the City will ensure a reasonable
opportunity for consideration of the views of interested parties; and
Section 3.
The City Manager or his designee, is authorized to execute on behalf of
the City and file with the FCC such certification forms or other instruments as are now or may
hereafter be required by the PCC Rate Regulations in order to enable the City to regulate Basic
Service Rates and Charges; and
Section 4.
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey
Mayor-Com missioner
, Attest:
A pproved as to form and correctness:
Cynthia E. Goudeau
City Clerk
M.A. Galbraith, Jr.
City Attorney
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AGENDA
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AGENDA
DATE
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RESOLUTION NO. 93-63
}O!QI/93
~O.
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
REQUEST I NG THE PI NELLAS COUNTY BOARD OF COUNTY
COMMISSIONERS TO CANCEL AND DISCHARGE CERTAIN TAX LIENS
UPON MUNICIPAL PROPERTY ACQUIRED FOR PUBLIC PURPOSES,
AND TO GRANT TAX EXEMPTIONS.
WHEREAS, the City of Clearwater, a Florida municipality, has acquired
certain parcels of real property for the public purposes described in Exhibit A
attached hereto; and
WHEREAS, the City of Clearwater desires that the Board of County
Commissioners of Pinellas County discharge any and all liens for taxes held or
owned by the County or the State of Florida upon said lands, and to further
provide that said lands shall be exempt from County taxation so long as the same
is owned and used for such public purposes, as authorized by Section 196.28,
Florida Statutes; and
WHEREAS, in order to comply with the policy of said Board, the City of
Clearwater is willing to guarantee payment of taxes prior to the date of transfer
on said lands as provided herein: now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby requests the Board of County
Commissioners of Pinellas County, Florida, to take all formal action necessary
tO,cancel and discharge any and all liens for taxes, held or owned by Pinellas
County or the State of Florida, upon the lands which are more particularly
described in the deeds, copies of which are attached hereto as Exhibits Band C,
and to provide that said lands shall be exempt from taxation so long as the same
is used for public purposes.
Section 2. The City of Clearwater guarantees payment of taxes prior to the
date of transfer on said lands when the tax rolls reflect the proper amount and
the City is billed for that amount.
Section 3. The City Clerk shall forthwith send a certified copy of this
resolution to the County Administrator for Pinellas County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
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PASSED AND ADOPTED this
day of
, 1993.
Rita Garvey, Mayor-Commissioner
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Attest:
Cynthia E. Goudeau, City Clerk
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Exhibit
No.
Grantor
Date'
Public Purpose
B
John C. Favalora, as
Bishop of Diocese of
St. Petersburg
3-15..93
Installation of Stevenson's
Creek Drainage Improvements
Phase 2 and Marshall St.
South San i tary Interceptor
Replacement Phase 2
c
Kennedy Associates, Ltd.,
Roberts Associates, Ltd.-II,
Brown Associates, Ltd.-II
3-26..93
Park
EXHIBIT A
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INST ff ~3-697522
APR 7, 1993 4:42PM
JL PI'NELI,AS COUNTY FI,A.
~F.REC.bK 8231 PG 350
WlIRRJ\N'l'Y" DEED
THIS INDENTURE made this J!J III day of ,U (((( tL_, 1993,
by and between JOHN C. F1\VAT,QR1\, as Bishop of the OJ.oeese of St.
Petersburg, n Corporation Solo, of the County of Pinel las, in the
.
State of Florida, Party of the First part, whose mailing address
is PQst Offic;.~[3ox: 40~OO, St~ Petersburg, FL 33743, and TilE CITY
01;' Cl.E1\RWATER, a Floridn Municipal Corporation, of the County of
Pinellas, in the State of Florida, Party of the Second Part,
whose mailing address is 112 S. Osceola Avenue, Clearwater, FL
34616.
WIT N E SSE T H:
'fhat the sajd Party of the First Part, for and in
consideration of the sum of Ten Dollars ($10.00) to him in hand
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paid by the said ~arty of the Socond Part, the re6eipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
its heirs and assigns forever,
the
Party of the Second part,
01 flECOnDING
REG \'~ollowi ng described land, 51 tuate lying and being in the County
DH219GSKa:")
DC'
I v -.--of. Pinellas, S tate of Florida, to-wit:
NT
PIC
CERT
SEE EXHIBI T "1\" ATTACHED HERE'l'O AND MADE A PART
lIEREOF BY REFERENCE.
FEES ==-=
MYF
REV
Subject to 1993 real estate taxes, restrictlons,
reservations and easements of record.
Parcel 1.0. No. 15-29-15-00000-140-0300
TorM. C;-2~.OO
/t And the said par.ty of the First Part does hereby fu~ly warrant
tho ti.tlo to saJd land, and will defend the same against tho
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the First Part has
hereunto set his hand and seal
the day and yeC,:!rat above
Dowmonlmy Tl!y. rd. $ .c::(:L.,
~___.._.__11111l1l1111;1(J 1',--: r I
K:"I~ tI" Dlu~on. Clurk, Piroo.I'JB C,Nl',!;
B:I -~_~DcPlJtll.:I\1II,
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Signed, Sealed and Delivered
in Our Presence:
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Print Name_JOIH\I.l-. ~ Ge......TO
, _..saillJ~'.~1eKn~
(J(!. : G~t . PI:nt Name~<<l'- 7J/:2.&..r.t.W..__
Rottyiff:4ropared by and return .to:
8 '",..yt-UEMIIJ C. MARQUARDT, .JR., Esqu ire
r.,.l//1. fJ t-1cMullcn, Everett, Logan, M~rquardt: Ii. Clino, P.l\.
lo-~J.,;& ".00 Clevelan.d. street/P.O. Box 1669
IJ' Clearwater, 1'1. 34617
EXHIBIT B
K~nrEEN F. DEBLAKER, C~ERK
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OFF.REC.BK 8231 PG 351
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY I that on this day personally appeared
before me, an officor duly authorized to administer oaths and
take acltnowledgments, .JOliN C. FAVALORJ\, 88 Bishop of the Diocese
of St. Petersburg, alcorporation Sole, to me personally known or
who has produced ___~.~ as identification and
who did talm an 08 h, and known to me to be the individual
described 1n and who executed the foregoing instrument and he
acknowledged be foro me that he executed the same for the purposes
therein expressed.
WI'l'NESS my hanlt"e\nR official seal at S~'" said
County and Sto to, thj.~"'~~>>~ of HI ax. c..h , 1993.
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" PINELLAS COUNT'l FLA.
OFF.REC.BK 8231 PG 352 .
. '
EXHIBIT "A"
^ strip of land 115.00 feet \l/ide being a portion of the
North 1/2 of the S~l 1/4 of the SE 1/4 of the HE 1/4 of
Section 15, 'I'ownship 29 South, Ranga 15 East, Pihe11as
County, Florida, being more pArticularly described as
follows:
Commencing at the Northwest corner of th~ Nor~h 1/2 of the
S\'l 1/4 of tho SE 1/4 of tho NE 1/4 of said Section 15;
thence S 89017'15" E., along the North line of said North
1/2 a distance of 232.00 feet; thence S 25010.05" W., 32.96
feet to tho South right-of-\l/ay line of Franklin S.treet as
desc:r.Lbed in deed recorded in D.R. Book 2563, Pago 179, of
tho Public Records of Pinellas County, Florida, said Point
belng the Point of Beginning; thence S 89017'15" E., along
said South right-of-way line, 126.33 feet; thence S
25.10'05" N., 332.11. feet to tho South line of the North
1/2 of tho S~l 1/4 of the SE 1/4 of the HE 1/4 of said
Section 15; thence N 89016'58" \'1., along said South line
126.33 feet; thence N 25010'05" E., 332.10 feet to the
Point of Beginning.
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INST It 93-063013
t1AR 26, 19~3 5:51PM
PINELLAS COUNTY FLA.
OFF.REC.BK 6217 PG 233
WARMNTY DEED
.THIS iNDENTURE made thi~ ?,~ day of March, 1993, by and
~e~ween KENNEDY ASSOCIATES, LTD., a Florida limited partnership,
~ODBRTS ASSOCIATES, LTD. - II, a Florida limited partnership and
DROWN ASSOCIATES, LTD. - II, a Florida limited partnership of the
County of Plnellas, in the state of Florida, Party of the First
Part, whose mailing address is c/o Island in the Sun, Post Office
Box 1021, Largo, FL 34649-1021, and CITY OP CLEARWATER, FLORIDA,
a Florida Municipal corporation, of the Cdunty of Pinellas, in
the State of Florida, Party of ~he Second part'uwhose mailing
address is Post Office Box 4748, Clearwater, FL 34618-4748,
~ I T N E SSE T H.
That the said Party of the First Part, for and in
consideration of the sum of Ten Dollars ($10.00) to them in hand'
paid by the said Party of the Second Part; the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
party of the Second Part ahd assigns forever; t~e following
described land, situate lying and being in the County of
Pinellas, state of Florid~; to-wit.
SEE EXnIBIT "A" ATTACHED HERETOA~ri MADE A pART
hEREOF BY REFERENCE.
I
Subject to 1993 real estate taxes~ restriotions,
reservations and easements' of reoord.
GRANTORS HEREIN HAVE GIFTED $250,000.00 OF THE
CONTRACT PURCHASE PRICE FOR THE HEREINABOVE
DESCRIBED LANDS INCIDENT TO THE TRANSFER HEREOF.
THE PROPERTIES CONVEYED HEREBY ARE VACANT LANDS AND
HAVE NEVER BEEN TilE JlOMESTEAD OF THE PARTNERS OF
THE SAID GRANTORS.
said Party of the First Part does hereby fully warrant
the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
ee:~~
~~repared by and return to:
HARRY S. CLINE, Esquire
McMullen, Everett, Logan, Marquardt, & Cline, p~A~
400 Cleveland Street I Post Office Box 1669
Clearwater, 'FL 34617
01 nECOR~G
nEe .~
OR 219gp..s.u.:.-
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INT
PIC
CERT
FEES
MTF
REV
T<5fAL~ J
And the
KARLEEN F. PEBLA~E~f ~~ERK
RECORD VERIFIED BYl ~r/ '
EXHIBIT C
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PINELLAS COUNTY FLA.
OFF.REC.BK 8217 PG 234
IN WITNESS mIEREOF, the said Party of the First Part has
written.
hereunto set their hand and seal the day and year first above
Signed~;~led and Delivered
in ~~esence'
~ame l-\ S c.~,_c
J(~ a CU1dJn~
Pr int Name ~11\L.EB.\ A. oHeAlZ~
By:
o
By:
Pr nt ame )l..~ ',c..l..IN6"
.1tlWb~ (I t2<i/lht-
Pr int Name ~lH~ A. OH~lZw
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STATE OF FLORIDA
COUNTY OF PINELLAS
KENNEDY ASSOCIATES, LTD.
a Florida limited partnership
ROBERTS ASSOCIATES, LTD. - II,
a Florida limited partnership
. Y'~~"~4{" ~~.(-zfTsr:AL)
HARRY R9BERTS, a/k/a Harry F. Roberts
General Partner
I HEREBY CERTIFY, that on this day personally appeared
before me, an offIcer duly authorized to administer oaths and
take acknowledgments, V. JACK KENNEDY, GENERAL PARTNER OF KENNEDY
ASSOCIATES, LTD., a Florida limited partnership, to me personally
known or who haa produced "" 11:4 a a
identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal at Clearwater, said
County and state,' this '22-~ day of vV\o.vc;L.. , 1993.
BROWN ASSOCIATES, LTD. - II,
~ FJo~ ida llmi~artnershi.p
By: ~ ,~- (S Il{'L I
HERBERT G. BR W ,
General Partner
My
\- \\v p(, OFrlC:IAL NOTARY &eAL
...1'- ~ ItARRY . a.tHI
R~fI'1 .~ eo..",,,.,ott MU",.&R
'l\ 't I ~~ 0( CC18B713
\ :".. ; i MY co....ISSION IllP.
1'.0,. f\P APR. 9 1098
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PINELLAS COUNTY FLA.
OFF.REC.BK 8217 PG 235
STATE OF FLORIDA
COUNTY OF PINELLAS
,.
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, HARRY F. ROBERTS, GENERAL PARTNER OF
ROBERTS ASSOCIATES, LTD. - II, a Florida limited partnership, to
me personally known or who has produced ~(~
as identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal at Clearwater, said
Coun ty and St. te, th is "2-2A day of ,'''''' . "& ,1993.
Not~PUbllC
Print Name \-\. 'S. C.L/Ne:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
~..~y PlJ~ OFFICIAL NOTARY ll~AL
o i'~ HARRY' WNE
~ \YIE~W ~ CON""'SSIO.1 HUNIIER
'!\ "~lMi~ ~ CC188713
T"(- ....'it i MY COMMISSION I!)(P,
0, f\.o APR. 9 11196
.........------
County
I HEREBY CERTIFY, th~t on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, HERBERT G. BROWN, GENERAL PARTNER OF BROWN
ASSOCIATES, LTD. - II, a Florida limited partnership, to me
personally known or who has produced ~I~ as
identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal at Clearwater, said
and State, this :;l~ !>-day of {\'I",y~, 1993.
No~tAUb1iC ~
Print Name ~.~ c...'""'l,Jb
My Commission Expirest
"V 0/1 ""..Ir.IAI. NOTARY III!AL
0"'''' It.. ,lAnll" . aJHI
a- ~.~ '('I call....IUUIION NUlloIlIl!A
. . ~ ce188713
~~ . ,. J? lAY COMMI811l0H .IlP~
~ 0, ~1.0 APR. ClUllS
---
,7C012570 JHT 03-26-9J
01' DEO-
RECORDING
DOC STAMP COLLECT-DR219
17:22:.:>j'
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PINELLAS COUNTY FLA.
OFF.REC.BR 8217 PG 236
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EXHIBIT "A"
A tract of land lying within section 8, Township 29 South, Range
16 East, ~ine~las County, Florida and being more particularly
described as follows:
:' ~
Commence at the South 1/4 corner of said Section 8, thence
along the South line of the Southeast 1/4 of said Section 8, S.
890 41' 09" E., for 487.83 feet; thence leaving said line, N. oro
25' 54" E., for 1289.21 feet to the Point of Beginning, thence
continue, N. 010 25' 54" E., for 50.01 feet to the North line of
the South 1/2 of the Southeast 1/4 of said Section 8, said line
also being the South line of BRIGADOON OF CLEARWATER, as recorded
in Plat Book 91, pages 35 - 37 of the public records of pinellas
County, Florida; thence along said line and its Easterly
extension thereof, S. 890 36' 06" E., for 2233.68 feet to the
West r igh t-of-way line of BAYVI EW AVENUE (CR 61) , as recorded in
Official Record Book 5573, page 342 of the public recorda of
Pinel1as County, Florida; thence along said line, being 50 feet
West of and parallel to the East line of the Southeast 1/4 of
said Section 8, S. 000 12' 59" W., for 667.84 feet; thence
leaving said line, N. 890 3B' 38" W., for 688.22 feet; thence S.
00052' 06" W., for 618.37 feet to the North right-oE-way line of
DREW STREET as recorded in Official Record Book 5573, page 342 of
the public records of Pinellas county, Florida: thence along
said line, being 50 feet North of and parallel to the South line
of the Southeast 1/4 of said Section 8, N. 890 41' 09" W., for
713.51 feet; thence leaving said line, N. 000 52' 06" E., for
757.44 feet to a easement line described in Deed Book 1465, page
95 and 97 of the public records of Pinellas County, Floridar
thence along said easement line, N. 240 10' 54" E., for 524.90
feet, thence leaving said line, along a line being 50 feet South
of and parallel to the North line of the South 1/2 of the
Southeast 1/4 of said Section 8, N. 890 36' 06" W., for 1047.80
feet to the Point of Beginning, and containing 31.40 acres, more
or less.
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TOTAL:
CHECK ^11T. TENDERto:
CH^'%l:
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'DATE
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ITEM #
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C I T Y 0 F C LEA R W ATE R
Interdepartment C rrespondence Sheet
FROM:
captain Michael J. Egg
Department
TO:
M. A. Galbraith, Jr., City
COPIES:
.
Deputy Chief Eastridge; File
SUBJEC'1' :
Humane Society Agreement
DArrE:
September 17, 1993
I h~ve forwarded to your office the original Agreement between
the Humane society of North Pinellas, Inc. and the city of
C 1 ear w ate r . rr 11 i s i sad II p 1 i cat e 0 f 1 a stye a r 's a 9 r e e me n t vi i t h
the exception of the acceptance date. Please place this item on
agenda for tile next commission meeting. Once approved, please'
obtain the necessary signatures on behalf of the city.
"
If you have any questions, please contact me at extension 6196.
., ....'..
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A (i R E E MEN T
THIS AGREEM ENT, made and entered into this day of
, A.D., 19 , by and between the HUMANE SOCIETY OF
NORTH PINELLAS, INC., a Florida non-profit corporation, whose address is 3040 State
Road 590, Clearwater, Florida 34619, hereinafter referred to as "Agency," and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City; II
WIT N E SSE T H:
The parties hereto, for and in consideration of the mutual covenants herein made and other
good and valuable consideration, receipt or which is hereby acknowledged, do hereby
covenant, and agree as follows:
1. The Agency agrees to provide the following services to the C~ity:
(a) Pick up any inj ured animal, except horses or cattle, 24 hours per day, 7 days
per week.
(b) Accept any ani mal delivered to the Shel ter 24 hours per day I 7 days per week.
(c)
Pick up any owned, unwanted animal during normal Shelter hours, if owners
are ulJable to deliver to Shelter. (Normal Sheller hours are 10:00 A. M. to
4:00 P.M. daily, except Saturday, Sunday and Holidays.)
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(d)
To the extent allowed by law, pick up any stray ani mal, except dogs, during
normal Shelter hours, if it is confined or restrained. Stray dogs will be picked
lip only if injured, and no stray horses or cattle will be picked up.
(e)
Pick up or accept delivery at the Shelter of any animal impounded by Police
action. Said animal shall be kept by the Agency for up to 14 days. After 14
days, the city shall be responsible to make arrangements for:
.j
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(1) The transrer of said ani mal to some other facility, or,
(2) The release of said animal, or,
(J) The payment or maintaining said animal at the regular boarding fee, lJl
addition to said contract.
(0
Provide the services of a accredited Humane Officer. He will investigate
neighborhood complaints or animals that may be receiving inhumane
treatmcnt, or abusc, therehy assisting local pol ice.
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2. 'fhe agency will have the right to dispose of all animals received in accordance with
the current operating procedures of the Agency, including the following:
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(a) Stray animals will normally be held for a period of six (6) days. If not
claimed in this period of time, they he<,:ollle the property of the Agency.
(b) OWIl~d, unwanted animals will be disposed of, in accDrdance with the current
operating procedures of the Agency. They hecome the property of the
Agency.
(c) An ImpOllnding fee and Boarding charges will be made for all claimed strays
and impounded animals, to persons retrieving the impounded animals.
3. The Agency shall maintain financial records and submit operating statements to the
City as requested, wh~ch records ~hal\ be subject at all times to inspection, review or audit
by personnel duly authorized hy th~ City.
4. The Agency covenanls thaI there will be no discrimination against any employee or
recipient on account of race, color, sex, religious sect, national origin or ancestry in the
performance of this contract and that it will comply with Title VI of the Civil Rights Act of
1964 in regard to persons serv~d and with Title VII of said Civil Rights Act of 1964 in
regard to employees or applicanls for employment.
5. The Agency shall act as nn independent contractor in operating the aforementioned
services and shall be liable for, and shall indemnify, defend and hold the City harmless from
all claims, suits, judgments or damages, CDsts and attorney's fees arising from any negligent
operation of the aforementioned services during thee term of this contract, ano shall provide
adequate liability insurance coverage at its expense.
6. The City agrees that payment from thc City to the Agency shall be made payable
quarterly, not to exceed $ 1 ,625 per quarter. In no event shall the total funds made available
to the Agency exceed the SlIlll of $6,500 during the term of this contract. The Agency shall
submit its detailed statemcnt monthly for services rendered by it.
7. This Agreement shall be effective for a period of one year beginning on October 1,
1993.
IN WITNESS WHEREOF, the parties here to have executed this Agreement the day
and year first above written.
Attest:
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HUtv1ANE SOCIETY OF NORTH
PINELLAS, INC.
By: ~4r.1 / (!~ lUt {J/(.-
I )res i den t
2
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ClTY OF CLEARWATER, FLORIDA
As to Agency
By:
Ci ty Manager
A Llcst:
As,to City
City Clerk
Approved as to form and
correctness:
Countersigned:
City Attorney
Mayor-Commissioner
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AGENDA
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TO:
FROM:
RE:
The Honorable Mayor and Members of the City Commission
Paul Richard Hu 11, Assistant City Attorney~..~
Dail v. City of Clearwater
Circuit Civil No. 91-014154-21
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DATE:
September 29, 1993
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Attached please find a copy of a letter received from Frank Pyle, attorney for
Mr. and Mrs. Dail, in which he asks for modifications in the' payments due the
City under the City's Order Taxing Costs and Awarding Attorney Fees.
I would appreciate your reviewing this letter and letting llIe know what direction
you would like to take in this matter.
Thank YOll.
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LAW OFFICE OF FIlANR J. PYLE, tJIt.
FRANK J. PYLE, JR., JURIS DOCTOR
fMSTERS DEGREE IN ESTATE PLANNING
1525 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801-2121
TELEPHONE: 407-896-2514
FACSIMILE: 407-896-2515
August 4, 1993
Paul Richard l1ull, Esquire
Assistant City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
RE: Dail vs. City of Clearwater
91-014154-21
Dear Hr. Bull:
I am writing in behalf of Reverend r.l'homas Dail and Carolyn
Dail regarding the City's Order Taxing Costs and Awarding Attorney
Fees. Due to inadequate advice from their counsel, they has no
idea they could end up owing the Ci ty so much. They have been
paying $50.00 a morlth toward that Order for the past four months.
Reverend and Mrs. Dail were also unaware that the Order might
be accruing interest in an amount in excess of their payments. If
that is the case they are falling further in debt each month.
According to my discussions with the Dails, it is evident that
all their current assets are protected from debtors under Florida
law. In light of this and tlleir strained finances, they do not
feel they can justify continuing payment on this Order while
falling further behind. Accordingly, they wish to offer to
continue paying $50.00 (or slightly more) a month if the City of
Clearwater will waive any interest on the amount due. If they
should later fail to make the monthly payments, the interest would
once more begin to accrue. > In order to assure that they receive
proper credit for each payment, please also let me know what
account or account number to place on each check.
If this offer must be presented to the City Council I request
tha t you do so. '.rhank YOll for your considerat~on.
Sincerely, ~
~71.,t-ll.{~~('--
Frank J. Pyl~ Jy.
4.....~
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Enclosure
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