09/28/1992 - Special
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AGENDA
'City Commission Special Meeting
Monday, September 28, 1992
, 9:00 A.M.
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Call to order,
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Florida Gulf Coast Art Center
Agreement
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Adjournment:
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, made and entered into this day of September, 1992.
by and between the CITY OF CLEARHATER, FLORIDA, a municipa 1 corporation ,.
hereinafter referred to as lithe Se ller ," and FLORIDA GULF COAST ART CENTER, INC.,
hereinafter referred to as lithe purchaser;1l
WIT N E SSE T H
That in consideration of the payments and covenants herein provided, and
other good and va luab le cons iderat ions, the Se 11 er agrees to selland the
Purchaser agrees to buy the real property ("Property"), situate in Pinellas
County, Florida, described as follows, to wit:
See Exhibit 1 attached hereto.
Subject to any easenlents and restrictions of record, and further subject to and
together with all of the terms and provisions of Ordinance No. 5283-92 of the
City of Clearwater which was passed and adopted by the Clearwater City Commission
on September 17, 1992, a copy of which ordinance is attached hereto as Exhibit
2. The terms and conditions set forth in Section 2 of Ordinance No. 5283-92
. shall survive closing and shall be incorporated into the instrument of conveyance
as covenants and restrictions to run with the land and be binding upon the heirs,
successors and assigns of the Purchaser. Such terms and conditions include, but
are not limited to, the restriction that the Property shall be used as an arts
facility as defined in the Ordinance and for no other purpose. The i~clusion in
this Agreement of certain terms and conditions of the Ordinance shall not be
construed as a waiver or abandonment of other terms and conditions of the
Ordinance not included herein.
1. This Agreement shall also be subject to approval by the qualified
voters of the City of Clearwater at a special elect ion for such purpose on
Tuesday, November 3, 1992, as provided in Ordinance No. 5283-92.
2. Purchase Price. The total purchase price of the Property shall be
the sum of Seven Hundred Fifty Thousand ($750,000.00), of which the total balance
shall be payable in full at closing, subject to adjustments and prorations.
As additional consideration for this agreement, the Purchaser shall pay to
the Seller the sum of $1,500.00 each month, on or before the fifteenth day of
each month beginning with the month of January, 1993, and ending on the month
prior to closing, not to exceed the total of $33,000.00, as described in and
subject to the conditions and limitations set forth in Subsection (f) of Section
2 of Ordinance 5283-92.
3. Closing Date. The closing shall be not later than November 3, 1994.
4. Con~eyance. The Seller agrees to convey fee simple title to the
Property to the Purchaser by Special \~arranty Deed, free and clear of all liens
and encumbrances. except those set forth in this Agreement, if any, and those
otherwise accepted by Purchaser. The Property sha 11 be ~onveyed subject to
app 1 icab 1 e zoning requ irements of the City of Clearwater and the terms and
conditions set forth in Section 2 of Ordinance No. 5283-92.
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5. Title Insurance. The Seller agrees to purchase at its expense a
title insurance policy from a Florida licensed title insurer and to obtain with
reasonable diligence. but not less than twenty (20) days prior to closingi a
commitment for title insurance in the amount of the purchase price, which
commitment sha 11 show a marketab le, unencumbered, fee simple title to the
Property in the Seller, subject only to zoning, restrictions of record acceptable
to Purchaser, taxes for the year of closing and subsequent years, and public
utility easements acceptable to Purchaser; . and to conditions, liens,
encumbrances, except ions or qua 1 if icat ions set forth in th is Agreement, and those
which shall be discharged by the Seller at or before closing. The Purchaser
sha 11 have a reasonable time after the de 1 i very of sa i d commitment for the
examination thereof and within said period but not less than ten (10) days prior
to closing shall notify the Seller in writing of any objections to said title.
If such notification is not given within the time specified herein, then the
title shall be conclusively deemed to be acceptable to the Purchaser. In the
event that the title of the Seller is not good and marketable, the Seller shall
have a reasonable time thereafter, but not more than one hundred twenty (120)
days from receipt of notice from the Purchaser, to make a diligent effort to
perfect the tit1ej and if the defects are not cured within such time, the
Purchaser may either cancel this Agreement or waive the defects and ac~ept the
Property without deduction on account of said defects.
6. No Brokers. Each party affirmatively represents to the other party
that no brokers have been involved in this transaction and that no broker is
entitled to.,payment of a real estate commission because of this transaction.
, 7. Documents for Closing. The Seller shall furnish deed, mechanic's
lien affidavit, and any corrective instruments that may be required in connection
with perfecting title, together with the closing statement.
8. Survey. The Purchaser may obtain at its expense a survey. If the
survey shows any encroachment on the Property or that improvements intended to
be located on the Property encroach upon setback lines, easements, lands of
others, or violate any restrictions', covenants or appl icable governmental
regu 1 at ions, the same sha 11 be treated as a title defect if brought to the
attention of the Seller not less than ten (10) days prior to closing.
9. Demolition of Existing Building. The Seller shall demolish the
existing building on the Property at the expense of the Seller prior to closing,
and the Property shall be cleared of ~ll improvements other than security fencing
prior to closing.
10. Expenses. The Se 11 er sha 11 pay for the documentary stamps to be
placed on the Deed and the costs for recording any corrective instruments that
may be required in connection with perfecting the title. The Purchaser shall pay
only the cost of recording the Deed.
11. Certa in Right s Reserved. As requ i red by Sect i on 270.11, F 1 or i da
Statutes, the Seller reserves until itself and its successors an undivided three-
fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4)
interest in, all the phosphate. minerals, and metals that are or may be in, on
or under the Property, ard an undivided one-half (1/2) interest in all the
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petroleum that is or may be in, on, or under said Property with the privilege to
mine and develop the same.
12. Purchaser shall be given reasonable access to the Property prior to
closing for the purpose of conducting surveys and environmental audits.-
Purchaser agrees to indemnify Seller for any damages and/or injuries which may
be sustained by any party by reason of the acts or omissions of Purchaser's
agents, employees and sub-contractors when performing surveys and audits.
13. Hazardous Waste. This Agreement is conditioned upon the Property
being free and clear of hazardous waste as that term is defined under ItCERCLA.11
Purchaser's obligations to purchase is conditioned upon Purchaser obtaining, at
Purchaser's expense, a Phase I Environmental Audit showing the Property to be
free and clear of hazardous waste. In the event the Phase I Environmental Audit!
is not satisfactory, then Purchaser and Seller shall share equally the expense
of a Phase II Environmental Audit. In the event a Phase II audit indicates the
presence of hazardous waste, then Purchaser shall be relieved of its obligation
to purchase the Property 'and shall be entitled to full refund of all deposits
unless Seller or Purchaser agrees to bear the cost of removing hazardous waste.
14. Failure to Perform. If Purchaser fails to perform this Agreement
within the time specified, including payment of all deposits, the deposits paid
by Purchaser through the.date of default may be retained by Seller, as Seller's
sole remedy, as agreed upon liquidated damages, consideration for the execution
of this Agreement and in full settlement of any and all claims. If for any
reason other than failure of Seller to make Seller's title marketable after
dil igent agreement, the purchaser may seek specific performance or elect to
receive the return of Purchaser's deposits. In any litigation arising out of
this Agreement, the prevailing party in such litigation shall be entitled to
recover reasonable attorney's fees and costs.
15. Persons Boundj Agreement Not Assignable Without Prior Consent of
Seller. This Agreement shall be binding on the parties hereto and their
respective heirs, successors, and assigns. Neither this Agreement nor any rights
hereunder shall be assignable without the express prior consent of the Seller as
provided in Subsection (g) of Section 2 of Ordinance 5283-92.
16. Agreement and Ordinance Recordable; Public Records. This Agreement
or a notice thereof may be recorded in the public records of pinellas County, and
Ordinance 5283-92 shall be so recorded following approval by the voters of the
City of Clearwater as provided by the Ordinance. This Agreement shall be deemed
a record available for public inspection in the offices of the Seller pursuant
to the Public Records Law of Florida.
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IN WITNESS WHEREOF, the parties hereto have 'set their hands and seals the
day and year, first above written.
Countersigned: ,
CITY OF CLEARWATER, FLORIDA
Michael J. Wright
City Manager
Attest:
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R ita Garvey
Mayor-Commissioner
,Approved as to form
and correctness:
By:
1M. A. Galbraith, Jr.
; City Attorney
IHTNESSES:
Cynthia E. ,Goudeau
City Clerk
FLORIDA GULF COAST ART CENTER, 'INC.
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Print name: '
Title:
Attest:
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Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5,
Edward Millis Subdivision, according to the plat thereof recorded in
Plat .30ok 9, Page 36, of the public records of Pinellas County,
Florida, and a portion of Lots 1 and I-A, Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof recorded. in Plat Book 57, Pages 1 and 2, of the publ ic
records of Pinellas County, Florida, being more particuJarly
described as follows: . .
BEGIN at the Northeast corner of said Lot I, thence S 01026117" E,
along the East line of said Lot 1 and the West line of the East 15
feet of said Lot 3, said line also being the West right-of-way line
of Osceola Avenue, for 224.38 feet to a point on the South line of
said Lot 3; thence N 89058'26" W along the South line of said Lots
3, 4 and 5, and the South line of said Lot I-A, said line also being
the North right-of-way line of Cleveland Street, for 389.00 feet;
thence departing said lil.e, run N 00000115" H for 217.30 feet to a
point on the North line of said Lot 1; thence along the North line
of said Lot 1 for the following two (2) courses: (1) S 89058126" E
for 172.65 feet; (2) N 88007114" E for 210.85 feet to the POINT OF
BEGINNING.
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LESS the following described property:
Portion of Lot 3, Edward Millis Subdivision, according to the plat
thereof recorded in Plat Book 9, Page 36, of the public records of
Pinellas County, Florida, being more particularly described as
fo llows:
Commence at the Northeast corner of Lot 1, Rompon1s and Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof recorded in P 1 a t Book 57, Pages 1 and 2, of the pub 1 i c
records of Pinellas County, Florida, thence run South 01026'17>> ~ast
along the East line of said Lot 1, and the West line of the East 15
feet of said Lot 3, said line also being the Hest right-of-way. line
of Osceola Avenue. for 134.38 feet to the POINT OF BEGINNING; thence
continue along said Hest right-oF-way line of Osceola Avenue South
01026'17" East. 90.00 feet to a point on the South line of said Lot
3j thence run North 890581261' Hest along the South line of said Lot
3,71.93 feet to a point on a non-tangent curve concave to the
Northwestj thence, along the arc of said curve having a radius of
90.00 feet, a chord. bearing of North 3704514511 East, a chord length
of 113.77 feet apd an arc length of 123.15 f~et to the POINT OF
BEGINNING.
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ORDIHA"CE NO. 5283-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
PROVIDING THAT A PORTION OF THE uMAAS BROTHERS PROPERTY"
BE SOLD FOR $750,000.00 TO TilE FLORIDA GULF COAST ART
CENTER, INC., TO.BE DEVELOPED, MAINTAINED, AND OPERATED
AS AN ARTS FACILITY, AS DEFINED HEREIN; DECLARING SUCH
PROPERTY TO BE SURPLUS AND NO LONGER NEEDED FOR PUBLIC
USEj PROVIDING FOR USE RESTRICTIONS AND A REVERTER
CLAUSEj PROVIDING FOR A SPECIAL ELECTION TO BE IIELD ON.
NOVEMBER 3, 1992, IN CONJUNCTION WITH THE GENERAL
ELECTI ON . I N ORDER TO SUB~1IT THE PROPOSED SALE TO TilE
QUALIFIED VOTERS OF TUE CITY FOR APPROVALi PROVIDING AN
EFFECT! VE DATE.
WHEREAS, Section 2.01(d) of the Charter of the City of Clearwater provides
that no real property shall be given away or donated without the prior approval
of the qualified voters of the City at referendum, and that the real property
must be declared surplus and no longer needed for public use at an advertised
public hearing; and
WHEREAS, the Florida Gulf Coast Art Center, Inc., has proposed to
construct, maintain, and operate an arts facility, as described herein, to be
located on a portion of the "Naas Brothers" property at Cleveland Street and
Osceola Avenue, to be purchased in accordance with the terms set forth in this.
ordinancej and
WHEREAS, the establishment of an arts facility at this location is
conristent with the recommendations of the Maas Brothers Task Force; and
WHEREAS, the City Commission finds that the sale of the property to the
Florida Gulf Coast Art Cen,ter, Inc" .for the purpose of establishing an arts
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facility, a~ describe~ herein, would be in the best interest of the residents of
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the City and would serve a proper public purposei and
WHEREAS, the City Commission finds that the purchase price set forth herein
is a fair price for the property, considering the use limitations to be imposed
upon the property, the right of reverter to be retained by the City, and other
considerationsj and
WHEREAS, the City Commission further finds that a sale of the property to
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. the highest competitive bid above the appraised value would not necessarily b~
in the p~~lic interest, and desires instead to proceed as if the property were
being given away or donated subject to the approval of the voters of the City at
a referendum to be held for such purpose; now, therefore,
BE IT ORDAINED BY THE CITY CO~lMI 5S ION OF THE CITY OF
CLEARWATER, FLORIDA:
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Section 1. The eastern half, more or less, of the property known as the
"Maas Brothers" property, as described more particularly in Exhibit. A to this
ordinance (which eastern half, more or less, is referred to herein as the
"Propertyl'), consisting of approximately 85,125 square feet, is hereby declared
to be surplus and no longer needed for public use.
Section 2. The sale of the Property to the Florida Gulf Coast Art Center,
Inc. (the "Center"), for the sum of $750,000.00 is hereby approved subject to the
fo~lowing terms and conditions, which shall be incorporated in the contract for
~ale and purchase of the Property, shall survive closing, and shall be
incorporated in the instrument of conveyance as coven?nts and restrictions to run
with the land and be binding upon heirs, successors and assigns of the Center:
(a) The Property shall be used as an arts facility, which is defined to
mean as set forth in Exhibit B to this ordinance, and for no other purpose.
(b) The City shall demolish the existing building on the Property at the
City1s expense prior to closing. Notwithstanding the demolition of the building,
the Center shall have the right to construct its building on the whole Property
subject to applicable setback, open space, vista, and other requirements of the
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City's Code of Ordinances.
(c) The development of the Property by the Center shall be sUbject to the
applicable ordinances of the City, and the site plan shall be subject to review
and approval by the City Commission, in the same manner and subject to the same
rules which apply to similarly situated properties. The site plan shall include,
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but not be limited to, the following:
1. Provision for all of the Center's required parking on the site, and
provision for access and parking easements to and from other parking facilities
which may be constructed on adjacent properties, to be granted by the Center to
the City, matched by similar easements to be granted by the City to the Center,
to accommodate reci proca 1 and shared usage of on-s ite and off-s He park i ng
facilities by th~ Center and its employees and patrons and by the general public;
2. provision for retention of stornrNater as required by the City for new
developments, which may include on-site and off-site drainage and retention
easements to be established as part of a master drainage plan for the City-owned
proper~y north of Cleveland Street and west of Osceola Avenue, as may be approved
by the CitYi and
3. Provisio'n for a civic room/auditorium to be not less than 350 and not
more than 500 seats.
(d) The Center shall observe the following schedule:
1. The closing on the sale shall be not later than November 3, 1994.
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2. A complete and acceptable application for the building permit for the
building shall be filed with the City not later than November 3,1995. IIComplete
and acceptable" means that the application is complete in all respects and
accompanied by plans which comply with the r~911irements of the Clearwater Code
of Ordinances, all fees have been paid, and any variances or approvals of other
governmental agencies, if any are required, shall have been obtained.
3. Constructlion of the building shall commence within six months of
issuance of the building permit, and the construction shall be prosecuted to
cdmpletion such t~at the certificate of occupancy shall be issued not later than
November 3, 1997. After commencement of construction, the Center ~nd the "City
shall agree to reasonable extensions of time when nece~sar~ for reasons beyond
the control of the Center, provided that such.extensions shall not extend the
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deadline for completion of construction beyond November 3, 1998.
(e) The Center shall cause its financial records to be audited annually,
and ~hall provide a copy of the audit report to the City not later than Oecember
31 each year.
(f) Beginning with the month of January, 1993, and ending on the month
prior to closing, the Center shall pay to the city the sum of $1,500.00 on or
before the 15th day of each month during such term. The monthly payments from
the Center to the City shall .be nonrefundable and shall be paid as additional
consideration over and above the $750,000.00 purchase price for the purpose of
defraying the o(lt-of-po~ket costs incurred by the City when maintaining the Maas
Brothers building. The center shall be relieved of its obligation to continue
payments under this sub-section after the City exercises its rights of reverter,
or after the Center notifies the City of its inability to close the purchase of
the Property, thereby terminating the contract. In no event shall the sum of
all payments made under this sub-section exceed $33,000.00..
(9) The Center may not assign, convey, transfer or encumber any of its
rights under this ordinance, or the contract for purchase and sale of the
Property or any of its rights thereunder, or the Property or any rights therein,
without the express prior consent of the City. The conversion of the corporate
status of the Center from a corporation not for profit to a c~rporation for
prof it, or from a nons tock nonprof it. corporat ion to a stock share nonprofit
corporation, shall require notice to and the approval of the City prior to such
conversion.
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(h) The Center is a tax-exempt organization pursuant to Section 501(c)(3)
of the Internal Revenue Code of the United States, and has represented to the
City that it intends :to retain its tax-exempt status indefinitely as an
inducement to the City to adopt this ordinance and enter into the contract for
the sale and purchase of the Property. The Center has further represented to the
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City that it intends to develop, operate, and manage the Property so as to
qualify for exemption from property'taxes. The loss of such tax-exempt status,
from income taxes or property taxes, shall constitute a material breach of these
covenants and grounds for the City to invoke the right of reverter retained by
the City, unless the loss of tax-exempt status is due to reasons beyond the
control of the Center such as changes in federal or state tax law.' Nevertheless,
in the event of loss of such tax-exempt status, the Center shall pay all such
taxes when due and shall not permit any tax to become a lien upon the Property
or any improvements thereto. It is understood that the Property shall not be
. exempt from special assessments, if any, which may be levied for improvements
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benefitting the Property.
(i) The City retains a right of reverter which may be invoked, at the
option of the City, at any time upon violation or noncompliance with the
covenants and restrictions of the Center set forth in this section, following
notice of such violation or noncompliance to be given by the City to the Center
and a reasonable opportunity for the Center to take curative action. The right
of reverter shall be' superior to all liens and encumbrances and shall not be
subordinated by the City to any other lien or encumbrance, except tax liens. It
is the intent of the parties that, in the event of such reversion, the Property
sha" return to the City at no cost to the City and free and clear of
encumbrances upon the Property and any improveme~ts thereto.
Section 3. In addition to the terms and conditions set forth in Section
2 above, the sale shall be subject to the terms and conditions of a contract for
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purchase and sale to be entered into between the City and the Center not later
than September 30, 1992, the original of which shall be maintained on file in the
Office of the City Clerk.
Sectio~ 4. The p~oposed sale shall be subject to approval by the qualified
I voters of the City. A special election for such purpose shall be conducted on
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Tuesday, November 3,1992, in conjunction with the general election, and the
proposed sale $h~ll 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:
CITY OF CLEARWATER, FLORIDA
REFERENDUM QUESTION
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City of Clearwater Ordinance 5283-92 proposes, to sell the eastern.
portion of the I'Maas Brothersll property, after demolition of the
building by the City, to the Florida Gulf Coast Art Center, Inc.,
for $750,000.00. The property shall be used only as an arts
facility, as defined in the ordinance, with a right of reverter to
the City. The proposa 1 includes access, park ing and dra ;nage
easements over nearby City-owned property.
Shall Ordinance 5283-92 be approved?
Yes (for the sale)
No (against the sale)
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Section 5.
This ordinance shall take effect immediately upon adoption,
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except that the proposed sale of the Property shall be subject to a contract for
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sale and purchase to be entered into between the Citr and the Center, and shall
be subject to approval by the voters of the City as provided in Section 4.
Section 6. This ordinance shall be recorded in the public records of
Pinellas County, Florida, following approval by the voters of the City as
provided in Section 4.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
September 3. 1992
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September 17. 1992
Attest:-,.
Rlta Garvey
Mayor-Commissioner
Approved as to form and correctness:
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Lot 3, less the East 15 feet thereof, and a 11 of Lots 4 and 5,
Edward Millis Subdivision, according to the plat thereof recorded in
P 1 at Book g; Page 36, of the pub 1 i c records of Pine" as County,
Florida, and a portion of Lots 1 and I-A, Rompon1s & Baskin's
Corrected Nap of Causeway Business District, according to the plat
thereof recorded in Plat Book 57, Pages 1 and 2, of the publ ic
records of Pinellas County, Florida, being more particularly
described as follows:
BEGIN at the Northeast corner of said Lot 1, thenceS 01026'17u E,
along the East line of said Lot 1 and the West line of the East 15
feet of said Lot 3, said line also being the West right-of-way line
of Osceola Avenue, for 224.38 feet to a point on the South line of
said Lot 3; thence N 89058126" H along the South line of said Lots
3, 4 and 5, and the South line of said Lot I-A, said line also being
.the North right-of~way line of Cleveland Street, for 389.00 feetj
thence departing said line, run N 00000115" W for 217.30 feet to a
point on the North line of said Lot Ij th~nce along th~ North. line
of said Lot 1 for the following two (2) courses: (1) 5 89058'26" E
for 172.65 feet; (2) N 88007'14" E for 210.85 feet to the POINT OF
BEGINNING.
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LESS the following ~escribed property:
Portion of Lot 3, Edward Millis Subdivision., according to the plat
thereof recorded in Plat Book 9, Page 36, of the public records of
Pinellas County, Florida, being more particularly described as
fa llows:
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Commence at the Northeast corner of Lot 1, Rompon1s and Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof recorded in Plat Book 57 I Pages 1 and 2, of the publ ic
records of Pinellas County, Florida, thence run South 0102611711 East
along the East line of said Lot I, and the West line of the East 15
feet of said Lot 3, said line also being the West right-of-way line
of Osceola Avenue, for 134.38 feet to the POINT OF BEGINNING; thence
continue along said West right-of-way line of Osceola Avenue South
01026117" East, 90.00 feet. to a point on the South line of said Lot
3; thence run North 8905812611 Hest along the South line of said Lot
3, 71.93 feet to a point on a non-tangent: curve concave to the
Northwestj thel\ce along the arc of said curve having a radius of
90.00 feet, .a chord bearing of North 37045'4511 East, a chord length
of 113.77 feet and an arc length of 123.15 feet to the POINT OF
BEGINNING.
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EXHIBIT A
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The Property shall be used as an arts facility and for no other purpose. The
term "arts facilitytl is defined as a non-profit institution which is recognized
as an organization exempt ffom federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986, which is essentially educational and aesthetic, in
purpose, which owns, borrows and/or leases art objects and cares for them for the
genera 1 purposes of encouraging the appreciat ion of, advanc ing the sk ills
relating to, and promoting the understanding of the visual arts. To further the
general purposes of the arts facility, the institution shall have the right:
1. To promote education in the arts and humanities;
2. To build, equip, maintain and operate studios for the development of
production skills relating to artj
3. To maintain. museums and other facil ities for the preservation,.
display, appreciation and performance of art, including buildings, equipment,
galleries, lecture halls, classrooms, roadways, parking facilities and related
'structures j
4. To maintain a library for the collection of books, manuscripts,
periodicals, photographs, films and other similar data relating to art;
5. To cooperate with the United States Government, the State of Florida
and their various political subdivisions and with civic, educatiiJnal and artistic
groups and foundations in the encouragement of the creation and appreciation of
art of all kindj .
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6. To build, equip, maintain, operate and lease a community room;
"7. To build, equip., maintain, operate and lease dining and/or catering
facilities, provided however, that the total square footage of any restaurant
which may be operated shall not exceed 25 percent of the total square footage of
the art facility, exclusive of parking areas, terraces and outdoor patiosj
8. To build, equip, maintain and operate all facilities ancillary to the
general and specific ,purposes. described above, provided, however, that the
operation of all ancillary facilities shall be limited to the activities
specified in Section 5Dl(c)(3) of the Internal Revenue Code of 1986, and the
regulations thereunder.
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EXHIBIT B
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