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06-12-2000 , ;" . '. '.' . ~. . Agenda/eRA 6-12-00 . . . . '. .... .' .- . '. " ;. ,".'," AGENDA Community Redevelopment Agency Meeting June 12, 2000 -1:00 P.M. 1 . Call to Order 2. Approval of Minutes: 5/30/00 3. Res. #00-01 - Approving First Amendment to Agreement for Development & Disposition of Property - IMR Site II regarding sale of 1180 Cleveland Street property from IMRglobal to Paul Simone or Assigns 4. Executive Director (Assistant City Manager) Verbal Reports 5. Other Business 6. Adjourn . . .- ~v.!." '~~,'" ~~ ~I .- - C:j ~=- ~ ~IfATE~ \~ --- Clearwater Community Redevelopment Agency Agenda Cover Memorandum C ro.... Agenda Item # t\\eeting Date: 3 C;'. / d.. ()() SU BJECT/RECOMMEN DATION: Adopt Resolution No. 00-01 approving the First Amendment to Agreement For Development and Disposition of Property - IMR Site II (aJk!a 1180 Cleveland Street), Confirmation of Consent by Agency to Assignment and Assumption Agreement and Release allowing IMRglobal to sell its rights, title and interests in and to 1180 Cleveland Street to Paul Simone or Assigns, IE and that the appropriate officials be authorized to execute same, SUMMARY: . IMRglobal wants to sell its rights and interest in the property located at 1180 Cleveland Avenue to Paul Simone or assigns. IMR obtained these rights and interests through an Agreement for Development and Dispostion of Property in which IMR agreed to purchase the property for approximately $131,770 from the CRA. . Paul Simone or assigns will assume all the obligations contained in the Agreement for Development and Disposition of Property which include: constructing support facilities required for the expansion of the IMRglobal Center; pay all application, inspection, regulatory and impact fees or charges pertaining to the project; Florida Department of Transportation driveway permit fees and South West Florida Water Management District permit fees to the extent they relate to the IMR Site II project ;and to commence construction on or before October 30, 2003. . The CRA is obligated to pay all transportation impact fees associated with the project and to provide off-site retention and detention. If the developer does not commence construction by the date specified above the CRA will no longer be obligated to pay the transportation impact fees. . The amendment, confirmation of consent and release are available in the City Clerk Department for review. Reviewed by: n it Legal 1 (If-..- - Budget 2- Purchasing L- Risk Mgmt 1- Originating Dept.: Costs Info Srvc .-L {cc\"cm lC bev. {} Total Public Works .-L User Dept.: { "\ DCM/ACM Current FY - Other Attachments - Funding Source: CI or Other Submitted by: City Manager o Printed on recycled p.1per o None Appropriation Code: RESOLUTION NO. 00-01 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, APPROVING FIRST AMENDMENT TO AGREEMENT FOR REDEVELOPMENT AND DISPOSITION OF PROPERTY FOR IMRGLOBAL CORP.; PROVIDING AN EFFECTIVE DATE. We, the undersigned, being all the members of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEAR\V A TER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part Ill, Chapter 163, Florida Statutes ("Agency"), do hereby agree as follows: WHEREAS, Agency and IMRglobal Corp., a Florida corporation, formerly known as Information Management Resources, Inc. (IIMRglobal"), are parties to that certain Agreement for Development and Disposition of Property - IMR-Site II dated as of October 27, 1998 (the "Development Agreement"), a Memorandum of which dated November 4, 1998 is recorded in Official Records Book 10299, at Page 511, of the Public Records of Pine lIas County, Florida; and WHEREAS, IMRglobal has agreed to sell all of its rights, title and interest in and to the property subject to the Development Agreement (the "1180 Property") to Paul Simone or Assigns ("Simone") pursuant to that certain Agreement for Sale of Property by and between Developer and Simone dated March 1 0, 2000, (the "Sale Agreement"); and WHEREAS, on April 12, 2000, Simone assigned all of his right, title and interest in the Sale Agreement to S & P PROPERTIES, L.C., a Florida limited liability company (liS & P"); and WHEREAS, pursuant to the Sale Agreement and the assignment thereof, S & P has agreed to assume all of IMRglobal's obligations as Developer under the Development Agreement, and, in accordance with Section 15.01 of the Development Agreement, IMRglobal and S & P have presented the First Amendment to Agreement for Development and Disposition of Property - IMR-Site II (the "First Amendment") attached hereto as Exhibit A for Agency's approval; and WHEREAS, Agency desires to consent, conditioned upon the closing of the Sale Agreement as provided herein, to the execution and delivery of the First Amendment as well as the Confirmation of Consent attached thereto as Schedule A to Exhibit B (the "Consent") and the Release attached thereto as Exhibit C (the "Release") upon the terms and conditions as hereinafter set forth; now, therefore, Resolullon No, 00.01 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Agency hereby approves the appropriate Agency officer to execute and deliver, on behalf of the Agency, the First Amendment, Consent and Release to IMR and S&P, subject to the following conditions and limitations: (I) The execution and delivery of the First Amendment, Consent, and Release by the appropriate Agency officer as contemplated herein ("Agency Execution and Delivery") is contingent upon the closing (the "Closing") of the sale of the 1180 Property from IMRglobal to S&P pursuant to the Sale Agreement; accordingly, Agency Execution and Delivery shall not be deemed to have occurred until the Closing, provided, however, the Closing must occur on or before October 31, 2000 (the "Outside Closing Date"); (2) In the event the Closing does not occur on or before the Outside Closing Date, the Agency approval hereby granted by this Resolution shall be deemed automatically rescinded by the Agency without any further action required by the Agency, and the Development Agreement shall thereafter remain in full force and effect and unamended by the First Amendment; and (3) In the event the Closing occurs on or before the Outside Closing Date, the Agency approval of the First Amendment, Consent, and Release hereby granted by this Resolution shall remain in full force and effect, and the appropriate Agency officer shall promptly proceed with Agency Execution and Delivery without any further action required by the Agency. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2000. Brian J. Aungst Mayor-Commissioner Approved as to form: jJi La Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution No. 00-01