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AGREEMENT TO TRANSFER PREMISES AKA JOE DIMAGGIO SPORTS COMPLEX TO CITY BY QUIT CLAIM DEED . \, lI!' ~..... iv ;' I, I AGREEMENT THIS AGREEMENT is entered into by and between the District Board of Trustees of the St. Petersburg Junior College, Florida ("College"), a political subdivision whose post office box is: Post Office Box 13489, St. Petersburg, FL 33733-3489, and the City of Clearwater ("City"), a Municipal Corporation, existing by and under the laws of the State of Florida, whose post office address is: Post Office Box 4748, Clearwater, FL 33758-4748. WHEREAS, the parties have heretofore entered into an Agreement executed by the District Board of Trustees on July 21, 2000, and the City of Clearwater on July 25, 2000, hereinafter referred to as the "Original Agreement" (a copy of the Original Agreement without Exhibits is attached as Exhibit "1"); and; WHEREAS, the City is desirous of the College transferring the premises described in paragraph 2 of the Original Agreement referred to therein as "Exhibits "B" and "0" prior to fulfilling other executory provisions of the Original Agreement, and; WHEREAS, the College is in agreement with the foregoing subject to the following terms and conditions. NOW THEREFORE, in consideration of the Premises the Parties agree as follows: 1 . That the Premises referred to in paragraph 2. of the Original $' Agreement described on Exhibits "B" and "0" thereto shall simultaneously with the AGREEMENT - City of Clearwater - Page 1 of 3 (q l2 oo~ / /O--(c -- ~ p 1 ,- execution of this Agreement be deeded to the City of Clearwater by quit claim deed. The legal descriptions for said Premises are attached hereto as Exhibits "2" and "3". 2. That the City has undertaken its environmental testing as set forth in paragraph 3. of the Original Agreement and is satisfied with the condition of the property and the provisions of said paragraph 3. of the Original Agreement permitting the City to exercise an option to terminate the Original Agreement are hereby waived. 3. The Premises described in Exhibits "2" and "3" (Premises) is transferred to the City in an "as is" condition and subject to the provisions contained in paragraph 6. of the Original Agreement. 4. That the provisions of the Original Agreement contained in paragraphs 2., 5., and 6. and 7. shall survive the transfer of the deed to the Premises and this partial closing. 5. The parties further agree that they will execute any and all perpetual rights, easements and use agreements as well as any other documents necessary to carry out the terms of this Agreement consistent with the intent of the Original Agreement within a reasonable period of time. The City further agrees that the College shall in the interim have the right of ingress and egress and the right of use of the Premises generally described on Exhibits "A" I "8" I and "0" to the Original Agreement as contemplated in the Original Agreement. 6. The executory provisions of this Agreement shall survive the transfer of the deed and this partial closing. f AGREEMENT - City of Clearwater - Page 2 of 3 -- ~ " I I IN WITNESS WHEREOF, the Parties to this Agreement have set forth their hands and seals as of the date(s) specified hereinafter. w~e~JL~ ~ !laJ'y1 ?i? '"Tn J't 01'1 J A DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE, FLORIDA BY: Date: Carl M. Kut College Ident & Secretary District Board of Trustees / ~/7 /60 ~ I ,~&r William B, Horne II City Manager :~:r ~r"" ~~~~ Pamela K. Akin City Attorney Attest: - ~ ~. l1-~ .9.;...,.: . Cy 'a E. Goudeau -~: -.~_~ -.-" City erk -: -.:: ./ .'" .,..,-' - (Affix CorporateSea~ State of Florida County of Pinellas The foregoing instrument was acknowt~~."l.ffie this 2 day of f)~ . 2000 by Cart M. Kuttler, Jr. College President and Secretary to the District Board of T~\a~m;C~etersbUrg Junior College, Florida. who [81S personally known U has produced a Driver's License as identification. ~ ~~...'::,.S.IO.....'11/; ~ Gd xl, . ~ .....\t.~., NI:'~. ~ ,J u:i:/v ~ .C"'!-".7 'fA. ~ -L _IJ__ [Notary Seal] ~ ..~G .",~~Sl '<00 ~.. ~ Notary Public ~ ' =*:~"t' ?(fl:*~ ,() _I S {l './1 i ~ ... : ~ Printed Name: t1UI1(2.{ It . OWJ/ 'f'#'l- ~~. '. #CC749437 : ~~ My Commission Expires: H:" c..C!.. 7'1 Cj '-I -? 7 ~"... R__ . 9::~ ~~'. ~"UI'lded~~~.' C:l~ ~ r A.,~Fain'lnSll~..~.~~ "'I, (II> ....... Cl' ~ ""'l aile Si,..i~ ~,~ ~11''',illl''''\\'~ State of Florida County of Pinellas The foregoing instrument was acknowtedged before me this If? day of Commissioner of the City of Clearwater and William B, Horne ~ .2000 by Mr. Brian J. Aungst, Mayor- I I , In t e r im City Manager of the City of Clearwater . who U are personally known or [ ] has produced a Driver's License as identification. Notary Public C ;;f ~ Pnnted Name: ~ . My Commission Expires: [Notary Seal] :f;: .tl f4er~ fl}~f~' MATE OF FlO~ . l. ,~ClI "~n !lRINK C.:': # eCll34678 [ . , 5/22/i1oo3 u'm;:')f:Li (HHU ASA I-IlII-NOTARY1 AGREEMENT - City of Clearwater - Page 3 of 3 ~ (' ~~rl EXHIBIT "1" ...., .1. ; \ , .' .) .1':.1:\ '.. AGREEMENT THIS AGREEMENT is entered into by and between the District Board of Trustees of the St. Petersburg Junior College, Florida ("College"), a political subdivision whose post office box is: Post Office Box 13489, St. Petersburg, FL 33733-3489, and the City of Clearwater ("City"), a Municipal Corporation, existing by and under the laws of the State of Florida, whose post office address is: Post Office Box 4748, Clearwater, FL 33758-4748. WHEREAS, the City is desirous of leasing the College's field house, which consists of a gymnasium, field house, tennis courts and related property upon the Premises described in Exhibit "A" attached hereto, and; WHEREAS, the City is desirous of acquiring by quit claim deed the property currently referred to as the Joe DiMaggio Complex which includes two (2) baseball fields and soccer fields which is described on Exhibit "B" attached hereto, and together with the parking area which is described on Exhibit "0" hereto, and; WHEREAS, the College is in agreement with the foregoing subject to the following terms and conditions. NOW THEREFORE, in consideration of the Premises the Parties agree as follows: 1 . That the City shall lease the Premises described on Exhibit "A" pursuant to the terms of the Lease Agreement attached hereto as Exhibit "C". 2. That the College will deed the Premises described on Exhibits "B" and "0" to /' the City by quit claim deed. The City will have the opportunity to examine the title to the Premises and obtain title insurance at its expense. Said Premises shall be transferred to the City by the College by quit claim deed. The College will retain a perpetual right of ingress and egress to the Premises described on Exhibit "A" through the parKing lot area as well as the right of perpetual nonexclusive use of the parking lot for its staff, students and guests in connection with the College's use of the Premises described in Exhibit "A" and "B". The parking lot area is described on Exhibit "0" and shall be reasonably maintained by the City. The City agrees to execute a perpetual easement. 3. The City shall have the right to examine any~~nd all environmental reports (;;. obtained by the College and may undertake environmental test1l'1g as specifically described in TRANSFER AGREEMENT - City of Clearwater - Page 1 of 4 7/21/00 -- tv ," ,'.-'J '~l the Site Access and License Agreement and Plan ("Site Access Agreement") attached hereto as Exhibit "E". The work to b,e performed under the Site Access Agreement shall be performed in phases as set forth therein. Upon completion of each phase, the City shall provide the College with the report/data collected from such phase. The College shall have the right to terminate the Agreement by written notice to the City to be given within fourteen (14) days of receipt of such report/data. The City shall not move to the next phase of work until the expiration of the fourteen-day period or written notice from the College of waiver of its right to terminate. In the event that the City determines in its reasonable judgment that the Estimated Incremental Cost (as defined below) exceeds Five Hundred Thousand Dollars ($500,000), then the City may terminate this Agreement by written notice to the College no later than sixty (60) days after completion of final phase of the field work to be performed under the Site Access Agreement. Failure to exercise the said option to terminate within the aforesaid time shall require the City to complete and close the transactions set forth in this Agreement. The "Estimated Incremental Cost" shall be defined to mean the reasonable estimated incremental cost to manage the contaminated media disclosed by the environmental testing in connection with the City's proposed development plan as disclosed to the College. 4. That the Parties will obtain from the Center Foundation, Inc. formerly known as the Clearwater Youth Recreation Center, Inc., its release and relinquishment of any right to name the two (2) baseball fields located on the Premises (Exhibit "8") and, further agree that the said Premises will no longer be referred to as the Joe DiMaggio Complex. The City and the College agree that the Premises described on Exhibit "A" hereto shall bear the name "Joe DiMaggio Sports Complex." 5. The College shall have the right to use the baseball and soccer fields Exhibit "8", and coaches office and locker rooms on the Premises described as Exhibit "A" for its club soccer team and its College baseball team for both practice and games without cost to the College. The City and the College will cooperate in scheduling the aforesaid practice and games. v 6. The City accepts the Premises described in Exhibits "8" & "0" in an "as is"-/ condition. The City acknowledges that it is fully aware of the environmental conditions of the Premises referred to on Exhibits "8" and "0" and agrees not to undertake any step or make any- claim against the College or undertake any action that may require the College to cleanup or pay for the clean up of the Premises or otherwise seek any contribution or reimbursement from the College for any environmental condition of any kind. The Citfaccepts any liability and cost that may be imposed upon the Premises described in E~hibits "B" and "0" for any TRANSFER AGREEMENT. City of Clearwater. Page 2 of 4 7/21/00 .. ,. ~ I --I environmental condition of any kind. The City agrees that it will not seek contribution or reimbursement from the College far any such matter under any circumstances. The City agrees that should the property be subsequently transferred by the City that it shall provide in any deed, transfer document, lease or agreement that the transferee by acceptance of the deed, transfer document, lease or agreement covenants that the transferee agrees it shall not undertake any steps or make any claim against the College or undertake any action that may require the College to clean up or pay far the clean up of the Premises described on Exhibits "8" and "0". The transferee shall further agree that it will not seek contribution or reimbursement from the College for any environmental condition of any kind under any circumstances. These provisions shall survive the closing of the Agreement and shall run with the land and be binding upon each subsequent transferee. Transferee shall include lessee, licensee, grantee or any other person or entity claiming any right of use of said Premises. 7. The College agrees to close off the wells located on the Premises described v in Exhibit "8". The College further agrees to permit the City access to well water far irrigation of the Premises described in Exhibit "8" far sa long as the City uses the Premises only far public recreational use. The well is to be located on the College's main Clearwater Campus and a water line shall be piped by the College to the present underground pipe under Drew Road. The City may attach and install lines and watering systems for the Premises described in Exhibit "8" at the City's expense. The College reserves the rights to tap into the City's lines for water"; line supply to its Premises described in Exhibit "A". The College shall have a perpetual easement to such water line supply including the right of access for installation and maintenance. Should reclaimed water become available to the City for Premises described on Exhibit "8", then in that event, the City's access to the College's well water shall cease. Then in that event, in view of the Colleges having provided free usage of water hereunder, the City shall provide the College with access to and free use of the reclaimed water at its Clearwater Campus for a period of fifteen (15) years after installation thereof. 8. The rights given to the College in paragraphs 2., 5., 6. and 7. shall survive the closing of the transactions set forth herein. The City also agrees to execute the several perpetual rights and use agreements referred to herein as well as any other documents necessary -to carry out the terms this Agreement. 9. The parties agree that the legal description for the property described in this Agreement on Exhibit s "A", "8" and "C" may be added to this Agreement upon the completion of the surveys thereof and that the perpetual easements and uslagreements referred to in this .., Agreement shall be presented to the City ten (10) days prior to closing and shall be in standard TRANSFER AGREEMENT. City of Clearwater - Page 3 of 4 7/21/00 .-...... .< I I, form. In the event the City or College exercises the right to terminate this Agreement pursuant to paragraph 3. hereinabove, paragraphs 2., 4., 5., 6., 7. and the first sentence of paragraph 8. shall be of no force or effect. IN WITNESS WHEREOF, the Parties to this Agreement have set forth their hands and seals as of the date(s) specified hereinafter. Witnesses to the COLLEGE: ria/10m ;X. !l{lCWj} fA DISTRICT BOARD OF TRUSTEES OF S1. PETERSBURG JUNIOR COLLEGE, FLORIDA ~ III Carl r0. Ky.ttler, Jr. / College-President & Secretary District Board of Trustees ' BY: Date: 7/~/oo CITY~ BY: ( /~ Print Name: William B. Horne, II Interim City Manager Ap roved as to form: L- P m~,.:4/<(.N' City Attorney Atte~ .(.' I ._'\"" .~' . \ \ J / \ }vi("Y\....~ L--. Cynthi~ E. Goudeau City Cled< ~i '-' )~~ (Affix Corporate Seal) State of Florida County of Pinellas ~1""I"I~ ..,..:U-~ . The foregoing instrument was ackno~ r\e.'r~f'3r.'I!~ thi~-day of , 2000 by sPrt M. Kuttler, Jr. College President and Secretary to the District Board o~~, cf.li?RJ~. ?~tersburg Jun 011 e, Florida, who U'1s personally known U has produced a Driver's License as identification~ ,.;",\'lI\SSION~" ~ Q J ~~ :::: ,'<:3#",'0\7,2/1 ~', ~ ~ _.~ vo -;0:;. -::;. . [Notary Seal1 : : ~ ;.:> ~ ~ = Notary Public . :: * : .... : * = /(J _ / 0 r " I ;j %~ \ ilCC749437 .: ~~ Printed Name: ()C; tn r",uCi. ~'. ~ m J ~ ~~... ): JI..... . '3\1",., " ~~ My Commission Expires: .II /7 / () ::>_ '" '7")- . 1>;-;:'1080 ....~,'.;;-,:::;- ""7 I ~ A'"r~ln.lnSll";.'<..<.( ~ ~ u~ '.....' 0' ~ "1111/ ~/C, ST~\'t. ",,'\ "'"'' 1111" 1111' J.Ij, ..;;" 1110 n ~ , 2000 by Mr. Brian J. Aungst. Mayor- City Manager of the City of Clearwater , who l\r3re personally known or [ ] has produced a Driver's License as identification. [Notary Seal] Notary Public iI' c~ ...,0 , /1. . 11 Printed Name:' cI.. 7 ~ My Commission Expires: N PUllLIC . STAT!!. 0' FLOR~ I....AI"'(UL T.... L. onlNr< COMMISSION. CC834678 EXPIRES 512212003 BONDED THRU ASA 1.8e&-NOTARY1 TRANSFER AGREEMENT - City of Clearwater - Page 4 of 4 7/21/00 ....... '- ' I , EXHIBIT "2" A parcel of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo41'47"E, for 485.00 feet to the POINT OF BEGINNING; thence continue along said line Nooo41'47"E, for 823.27 feet to the south right-of-way line of Sharkey Road (CR 289); thence along said right-of-way line S89053'02"E, for 1 ,305.1 0 feet to the intersection of with the west right-of-way line of Old Coachman Road; thence along said right-of-way line SOoo4T54"W, for 828.12. feet; thence leaving said line N89040'19"W, for 1303.58 feet to the POINT OF BEGINNING. Containing 1 ,076,937 square feet or 24.72 acres, more or less. 1 ....... '. I i,l EXHIBIT "3" A parcel of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOOo 4 f 4 7"E, for 50.00 feet to the north right-of-way line of Drew Street; thence along said right-of-way line S89040'19"E, For 542.36 feet to the POINT OF BEGINNING; thence leaving said line NOoo41-47"E, for 435.00 feet; thence S89040-19"E, for 761.22 feet to the west right-of-way line of Old Coachman Road; thence along said right-of-way line S0004T54"W, for 435.00 feet to the intersection with said north right-of-way line of Drew Street; thence along said right-of-way line N89040-19"W, for 760.45 feet to the POINT OF BEGINNING. Containing 330,959 square feet or 7.60 acres, more or less. ik -~ - I I AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned notary public, personally appeared CARL M. KUTTLER, JR., who, having been first duly sworn according to law, represents, warrants, deposes and says: 1. He has personal knowledge of all matters set forth in this Affidavit, is over the age of 18 years, and is competent to make, execute, and deliver this Affidavit. 2. He is the President and the Secretary of the District Board of Trustee of the St. Petersburg Junior College, Florida (the "College"). The College is the owner of the fee simple title to certain real property (the "Property") situated in Pinellas County, Florida, legally described on Schedule "A", attached hereto and by this reference incorporated herein. 3. He has examined that certain Deed recorded in the public records of Pinellas County, Florida in Official Records Book 1085 at Page 549, a copy of which is attached hereto as Schedule B. 4. To the best of his knowledge, Affiant believes that the purchaser of the Property has been used continuously for public school purposes from the date of the deed, December 20, 1960, through December 20,1970. 5. This Affidavit is made and given by Affiant with full knowledge of applicable laws regarding sworn Affidavits and the penalties and liabilities resulting from false statements and misrepresentations therein. FURTHER AFFIANT SAYETH NOT. Sworn to and subscribed before me this 7/h.. day of Decemqer, 2000 by CARL M. KUTTLER, JR. and ~ who is personally known to me or _ has produced a driver's license as identification ~one) J ~ m'~)' .J ( Ign9ture) / S ~ . Pa.1n e-, Q . m J "-'-'. (Type or Print Name) Notary Public > f I My Commission Expires: g>;1/ 6 d.... My Commission Number is: ~ (!(! 741 c..j3 7 ~"'\'''''''''''''I. ~"~'3.\'I\e\a S. St!~II~ ~ " ....... "1/;",- ~ ~ ...:...~ISStO.;;.~.V7 ~ ~ . 0"'" t 7~. ~ g ...~c; ~~~;~s '<'a~'" ~_ :: .~ ~ ~~.::' =*: (I): :: ::;Z: ... .*= ~~~ IICC749437 : ~~ ~?';.. ~ ..~~ ~ "" . ~ ~\ . h:';::- ....'Q- . 'V; ""-~.' <S--"" ~ ~~.:din"nsu~.,. ~v~ ~~/I. ZtC..STA~ r::J<\,,~ ~111""IIII"\"'~ W:\A TTYlASDlCLIENTSICity.ClearwateMffidavit I I SCHEDULE "A" TO AFFIDAVIT OF OWNERSHIP Parcels of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo4 f47"E, for 50.00 feet to the north right-of-way line of Drew Street; thence along said right-of-way line S89040-19"E, For 542.36 feet to the POINT OF BEGINNING; thence leaving said line NOoo41-47"E, for 435.00 feet; thence S89040-19"E, for 761.22 feet to the west right-of-way line of Old Coachman Road; thence along said right- of-way line SOoo4T54"W, for 435.00 feet to the intersection with said north right-of-way line of Drew Street; thence along said right-of-way line N89040-19"W, for 760.45 feet to the POINT OF BEGINNING. Containing 330,959 square feet or 7.60 acres, more or less. AND Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo4f47"E, for 485.00 feet to the POINT OF BEGINNING; thence continue along said line NOoo41-47"E, for 823.27 feet to the south right-of-way line of Sharkey Road (CR 289); thence along said right-of-way line S89053-02"E, for 1,305.10 feet to the intersection of with the west right-of-way line of Old Coachman Road; thence along said right-of-way line SOoo47-54"W, for 828.12. feet; thence leaving said line N89040-19"W, for 1303.58 feet to the POINT OF BEGINNING; Containing 1,076,937 square feet or 24.72 acres, more or less. ?: -' ..-::... I I This Instrument Prepared By and Return To: Aileen S. Davis, Esquire Akerman, Senterfitt & Eidson, P.A. Post Office Box 3273 Tampa, FL 33601 QUIT-CLAIM DEED This QUIT-CLAIM DEED is made as of December Irt, 2000, by and between the District Board of Trustees of the St. Petersburg Junior College, Florida, a political subdivision of the State of Florida, whosemailingaddressisPostOfficeBox13489.St. Petersburg, Florida 33733-3489, as Grantor, and the City of Clearwater, a municipal corporation, whose mailing address is Post Office Box 4748, Clearwater, Florida 33758-4748, as Grantee. (All references to the parties herein shall include their successors and assigns.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), to it in hand paid by Grantee, the receipt of which is hereby acknowledged, has released and quit-claimed to Grantee all right, title, interest, claim, and demand which Grantor has in the real property legally described on Schedule "A" attached hereto and by this reference incorporated herein. Parcel Identification Numbers: 07/29/16/00000/430/0000. 07/29/16/00000/430/0100. TO HAVE AND TO HOLD all of said right, title, interest, claim, and demand of Grantor in said land, and all improvements thereon, unto Grantee for Grantee's use and benefit forever. Further, Grantee hereby accepts the Property in an "as is" condition. Grantee acknowledges that it is fully aware of the environmental conditions of the Property and agrees not to undertake any step or make any claim against Grantor or undertake any action that may require Grantor to cleanup or pay for the clean up of the Property or otherwise seek any contribution or reimbursement from Grantor for any environmental condition of any kind. Grantee accepts any liability and costs that may be imposed upon the Property for any environmental condition of any kind. Grantee agrees that it will not seek contribution or reimbursement from Grantor for any such matter under any circumstances. Grantee agrees that should the Property be subsequently transferred by Grantee that it shall provide in any deed, transfer document, lease or agreement that the transferee by acceptance of the deed, I 1 transfer document, lease or agreement covenants that the transferee agrees it shall not undertake any steps or make any claim against Grantor or undertake any action that may require Grantor to clean up or pay for the clean up of the Property. The transferee shall further agree that it will not seek contribution or reimbursement from Grantor for any environmental condition of any kind under any circumstances. These provisions shall survive and shall run with the Property and be binding upon each subsequent transferee. The term "Transferee" shall include any lessee, licensee, grantee or any other person or entity claiming any right of use of the Property. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, there is hereby reserved unto Grantee and any subsequent transferee any and all rights to pursue any and all of Grantors predecessors in title for any and all liability, related to the environmental condition of the Property. Signed, Sealed and Delivered ~resence of: ~~ x/~ tf":)(Witness 1 - Si9.(lature) fTah1€ /~ S, o'in,'iA.. ~Witness 1 - Printed Name) (} 0 fY) 'if-.. '"ha ru f) l L . (Witness 2 - Signature) -f(clVer\ , .l\Jo.cleau (Witness 2 - Printed Name) DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE, FLORIDA By: Carl M. As its Pr Secretary STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me on December/<? , 2000, by Carl M. Kuttler, Jr., as the President and Secretary of the DISTRICT BOARD OF TRUSTEES OF THE ST. PETERSBURG JUNIOR COLLEGE, FLORIDA, a political subdivision of the State of Florida, on behalf of th~\ft\~m~cal subdivision, ~who is personally known to me or _ who has provided a drivers ~~I a~!!f~tification. ~~~..~>J;i~~ ~ . ~ ....~~\SSION~.. % 71___ _ /J \ jJ. P ...L,? ) ~ . c..O ...~s\7,<", ~.. ~ r..vr~ .Jt!tl ' ~~"--"' :: ..~ ~~ vo -~. -::. = :~' p \S,~ = N01l Public -*. -.. -*- I S S I" f} ~a~ #CC749437 :~~ a.m.e... tt ,1''1/ ~ ~'...-1,~\\\~ ./~~ (Type or P.rin~ Name ~ ~~..o,~.?";ain-II\SIl~~('_~~ My Commission Expires: ~ VOL ...... O'~" ~111111/,~i,fJtt~\""" My Commission No. is: '?5'/7 /0 ~ CC749Y37 W:\A TTY\ASD\CLlENTS\City.Clearwater\QUITCLA.DED 2 " , I I SCHEDULE "A" Parcels of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo4f47"E, for 50.00 feet to the north right-of-way line of Drew Street; thence along said right-of-way line S89040'19"E, For 542.36 feetto the POINT OF BEGINNING; thence leaving said line NOoo41'47"E, for 435.00 feet; thence S89040'19"E, for 761.22 feet to the west right-of-way line of Old Coachman Road; thence along said right- of-way line SOoo4T54"W, for 435.00 feet to the intersection with said north right-of-way line of Drew Street; thence along said right-af-way line N89040'19"W, for 760.45 feet to the POINT OF BEGINNING. Containing 330,959 square feet or 7.60 acres, more or less. AND Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo4 f47"E, for 485.00 feet to the POINT OF BEGINNING; thence continue along said line NOoo4f47"E, for 823.27 feet to the south right-of-way line of Sharkey Road (CR 289); thence along said right-of-way line S89053'02"E, for 1 ,305.10 feet to the intersection of with the west right-of-way line of Old Coachman Road; thence along said right-of-way line SOoo47'54"W, for 828.12. feet; thence leaving said line N89040'19"W, for 1303.58 feet to the POINT OF BEGINNING. Containing 1,076,937 square feet or 24.72 acres, more or less. L .!.- ~_... .-... . AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned notary public, personally appeared CARL M. KUTTLER, JR., who, having been first duly sworn according to law, represents, warrants, deposes and says: 1. He has personal knowledge of all matters set forth in this Affidavit, is over the age of 18 years, and is competent to make, execute, and deliver this Affidavit. 2. He is the President and the Secretary of the District Board of Trustees of the St. Petersburg Junior College, Florida (the "College"). The College is the owner of the fee simple title to certain real property (the "Property") situated in Pinellas County, Florida, legally described on Schedule "A", attached hereto and by this reference incorporated herein. There are no other persons known to Affiant who have an ownership interest in the Property other than the College. 3. The College is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations) for purposes of United States income taxation and for purposes of disclosure under 26 U.S.C.A., Section 1445. The College is a political subdivision of the State of Florida. 4. The purchaser of the Property, the City of Clearwater, intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act (94 Stat. 2682, as amended). Affiant understands that this certification may be disclosed to the Internal Revenue Service by Purchaser and that any false statement contained in this certification may be punished by fine, imprisonment, or both. 5. To the best of Affiant's knowledge and belief, the College's title to and possession and enjoyment of the Property has been open, notorious, peaceable, and undisturbed. 6. To the best of Affiant's knowledge and belief, neither the College's title to nor possession of the Property have ever been disputed or questioned nor is Affiant aware of any facts by reason of which the title to, or possession of, the Property might be disputed or questioned or by reason of which any claim to the Property or any portion of it might be adversely asserted. 7. To the best of Affiant's knowledge and belief, there are no disputes concerning the location of the boundary lines of the Property as of this date but the Property is subject to those matters disclosed on the Boundary Survey of the Property prepared by Earl W. Ramer of King Engineering Associates dated June 27,2000. 8. To the best of Affiant's knowledge and belief, there are no outstanding or unpaid taxes or assessments (pending or certified) or any unpaid or unsatisfied mortgages, claims of lien, notices of commencement, unrecorded easements, contracts for sale, agreements for deed, deeds, or other matters that constitute or could constitute a lien or encumbrance against the Property or any part of it as of this date, except as noted in the commitment for title insurance issued by Chicago Title Insurance Company("Title Company") and Akerman, Senterfitt & Eidson, P.A., Title Commitment No. 200003494, dated November 22, 2000 at 11 :00 p.m. (the "Title Commitment") and those referenced in that certain Agreement between the College and the City of Clearwater dated as of July 21, 2000 and the Agreement of even date herewith between the College and the City of Clearwater. 9. To the best of Affiant's knowledge and belief, there are no actions, proceedings, judgments, bankruptcies, liens, or executions pending or recorded among the Public Records of Pinellas County, Florida or any other county in Florida against the College which would affect the Property or the ability of the College to convey the Property. I I SCHEDULE "A" TO AFFIDAVIT Parcels of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo4 r47"E, for 50.00 feet to the north right-of-way line of Drew Street; thence along said right-of-way line S89040-19"E, For 542.36 feet to the POINT OF BEGINNING; thence leaving said line NOoo41'47"E, for 435.00 feet; thence S89040-19"E, for 761.22 feet to the west right-of-way line of Old Coachman Road; thence along said right- of-way line SOoo4T54"W, for 435.00 feet to the intersection with said north right-of-way line of Drew Street; thence along said right-of-way line N89040-19"W, for 760.45 feet to the POINT OF BEGINNING. Containing 330,959 square feet or 7.60 acres, more or less. AND Commence at the Southwest corner of the Southeast 1/4 of said Section 7; thence along the west line of said Southeast 1/4 NOoo41'47"E, for 485.00 feet to the POINT OF BEGINNING; thence continue along said line NOoo41-47"E, for 823.27 feet to the south right-of-way line of Sharkey Road (CR 289); thence along said right-of-way line S89053-02"E, for 1,305.10 feet to the intersection of with the west right-of-way line of Old Coachman Road; thence along said right-of-way line SOoo4T54"W, for 828.12. feet; thence leaving said line N89040-19"W, for 1303.58 feet to the POINT OF BEGINNING. Containing 1,076,937 square feet or 24.72 acres, more or less. j.. T .' -.. PO.c/05 F-60Z SaIEDULE ''B'' -.so.. Die-os-oo ~ l; : . ;0 ~ ~ ~. .. - I I CERTIFICATE I HEREBY CERTIFY that the foregoing excerpt of minutes of the District Board of Trustees of St. Petersburg Junior College is a true and correct copy taken from the minutes of the Regular Meeting of the District Board of Trustees of June 20, 2000 and said minutes approved by the District Board of Trustees at its July 21, 2000 meeting. This Certification is made this 6th day of December 2000. m orry, Clerk District Board of Trustees St. Petersburg Junior College , '" <.t ~," -- .' I I MINUTES OF THE REGULAR MEETING OF JUNE 20. 2000 DISTRICT BOARD OF TRUSTEES OF ST, PETERSBURG JUNIOR COLLEGE 00-171. Chainnan Johnston requested a report of any new business from the College attorney, Mr. David T. Henniger. Mr. Henniger provided a status report on the Clearwater Soccer Field Agreement. He stated that the College has been in negotiations with the City of Clearwater regarding transfer of property on the Clearwater Campus known as the "north 40 acres" and leasing of the gymnasium for up to four years, and referred to related items IX-O. I I _ 0.12 in the Board packet. He said recent negotiations have mostly been on environmental issues and are close to finalization. Ms. Anna Gillman, SPJC's Environmental Specialist, gave a brief explanation of environmental testing and potential liabilities and stated this work must be done in order to construct on or transfer the property in the future. The president stated he would come back to the Board if there is a breakdown in negotiations after the Board's vote on this agreement. The Board inquired as to potential cleanup costs and the risks involved in the environmental testing. Ms. Gillman responded to the inquiry, indicating she could not quantify the cost, but that it was significant. She noted that risks are involved no matter what. Mr. Welch moved approval of the College Attorney's Report, as well as related items IX-O.! I _ 0.12. Dr. Jones seconded the motion. Mr. Welch voted aye; Dr. Jones voted aye; Mr. Burke voted aye; Mrs. Bilirakis voted aye; and Mr. Johnston voted aye. Motion carried. Information regarding these items is as follows: MEMORANDUM Material Relating to DBT Agenda Item IX -0.11 Meeting: June 20, 2000 DATE: June 20, 2000 TO: District Board of Trustees FROM: Carl M. Kuttler, JrV Agreements with City of Clearwater for a Portion of the "North 40" Acres at Clearwater Campus for Site Access for Pre-acquisition Due Diligence and Transfer of Property by Quit Claim Deed SUBJECT: The College is still negotiating with the City of Clearwater to transfer ownership of approximately 33.22J~ of the 38.18 acres of land north of Drew Street and west of Old Coachman Road to the City of Clearwater. This transfer does not include the field house, gymnasium. tennis cOUrts and immediate adjacent land (land estimated at approximately five (5) acres - see attached Agenda Item IX-N.15 from the Board's March 21,2000 meeting.) - --=.. ,. .j Before negotiations can be finalized, the City has requested access tei'the site to complete their pre- acquisition due diligence, particularly to perform c~rtain environmental tests. These tests will be 28391 ~ 28392 MINUTES OF THE REGULAR MEETING OF .ITJNE 20. 2000 .f~ ~:; DISTRICT BOARD OF TRUSTEES OF ST, PETERSBURG .ITJNIOR COLLEGE conducted in a timely manner, at no cost to the College and in accordance with safeguards provided in the scope of work (Plan). The College shall be notified in advance of any activities, including specific locations and times at which the activities will take place. Upon completion of each activity on the property, the City of Clearwater shall leave the site in the substantially similar physical condition as before the activity began. Also, any contaminated materials that are excavated will be removed, transported and disposed of at the City's sole expense. Approval is sought to enter into an agreement with the City of Clearwater for site access to the previously determined portion of the "North 40" acres at Clearwater Campus for pre-acquisition due diligence. ~.."."'\... J Approval is also sought from the District Board of Trustees to: (l) determine if this transfer is in the best interest of the College and public; (2) enter into an agreement and authorize the president to execute all deeds and documents as may be appropriate; and (3) carry out the terms thereof with the City of Clearwater. The principal provisions of the agreement shall: (1) provide for the transfer of ownership by quit claim deed without cost to the City of the said property, less the field house, gynmasium and immediate adjacent land; (2) provide perpetual easements for parking lot use, and for baseball and soccer field use (including special events) at no charge to the College; (3) name the field house and gynmasium complex the Joe DiMaggio Sports Complex; (4) provide to the City access to the College's well water for irrigation of the transferred property; (5) provide for a perpetual easement and access to the well water lines across and through the parking lot to the College's field house, gynmasium and surrounding property; and (6) require the City's acceptance of the environmental conditions of the transferred property and agreement not to seek, in any manner, contribution or reimbursement from the College for any possible cleanup or otherwise. CMKjr:SMR:lmc Attachments ATTACHMENT MEMORA..1'IIDliM Material Relating to DBT Agenda Item IX-N.15 Meeting: March 21, 2000 DATE: March 21, 2000 TO: District Board of Trustees Carl M. Kunler, Jr. ~ FROM: SlJBJECT: Resolution to Dispose of a Ponion of the "North 40" Acres, Clearvlater Campus, and Amendment to the Educational Plant Survey #17 dated June 11-13, 1997, and Transfer of Property to Cil of Clearvlater I .. I I MINUTES OF THE REGULAR MEETING OF JUNE 20. 2000 DISTRICT BOARD OF TRUSTEES OF ST, PETERSBURG .roNIOR COLLEGE The College is negotiating with the City of Clearwater to transfer ownership of approximately 31.7 of the 37.2 acres ofland north of Drew Street and west of Old Coachman Road to the City of CleaI"\Vater. This transfer does not include the field house, gymnasium, tennis courts and immediate adjacent land (land estimated at approximately 5.5 acres). (See attached drawing.) The State Requirements for Educational Facilities (SREF), Chapter I, Section 1.4(7), deals with the disposal of property and requires that property disposal be recommended in the educational plant survey. The College must, by resolution, declare that the aforesaid portion of the "North 40" being transferred is unnecessary for educational or ancillary purposes and recommend., by spot survey, the disposal of the facility. '.' ...-.. . - The District Board of Trustees is required to amend the existing Educational Plant Survey for the College via the spot survey process. The Department of Education is responsible for filing the spot survey for future reference. The proposed resolution and amendment to the spot survey are attached. Approval is sought from the District Board of Trustees to execute the attached resolution, and the amendment to the Existing Educational Plant Survey #17 dated June 11-13, 1997. Approval is also sought from the District Board of Trustees to: (I) determine this transfer is in the best interest of the College and public; (2) enter into an agreement and authorize the president to execute all deeds and documents as may be appropriate; and (3) carry out the terms thereof with the City of Clearwater. The principal provisions of the agreement shall: (I) provide for the transfer of ownership by quit claim deed without cost to the City of the said property, less the field house, gymnasium and immediate adjacent land; (2) provide perpetual easements for parking lot use, and for baseball and soccer field use (including special events) at no charge to the College; (3) name' the field house and gymnasium complex the Joe DiMaggio Sports Complex; (4) provide to the City access to the College's well water for irrigation of the transferred property; (5) provide for a perpetual easement and access to the well water lines across and through the parking lot to the College's field house, gymnasium and surrounding property; and (6) require the City's acceptance of the environmental conditions of the transferred property and agreement not to seek contribution from the College for any possible cleanup or otherwise. CMKjr:S:MR:lmc Attachment ATTACHNENT I I SH-"RKEY ROAO L m /I 28393 ;.. J" " ~ --;... 28394 MINUTES OF THE REGULAR MEETING OF JUNE 20. 2000 -{\- .:'1 DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE F.r,\.. _ J Cll.u -'V') l.U=> ......0 LL-:I:: ::.: l.U l.U II: U SOCCER FIELD --.- SIDEWAlK ;~!i~i~~~~~~t~if!~tf en I- ex: :::> o u en Z Z l.U I- GVf,j :::::~::~:::-~~::::::::::::::::: :~:~:~:~:i:~~:~:~~:~:;~:i~~; ClV') -'=> l.Uo ~::t: o :50 200 FEET c- APPROXIMATE SCALE Cd w SOCCER FIELD UNPAVED PARKING LOT DREW Sl'REET SPJC CAMPUS-CLEARW A IER GlE PROJecT NO. c..~ DEC. 14, 1994 6819400062 ClOO NO. dD ~ 00062SP J GLE ASSOCIATES, INC. 601 e.-. ~ s....6CO T __ F1crc..a JJ60ll T oj (81 :J)2S6-iC50 ., - FlGURE , SITE PLAN IINORTH 40'1 ST. PETERSBURG JUN I OR COLLEGE CLEARWATER, FLORIDA , Cl oct o a: z oct ~ U oct o u Cl -I o I I I MINUTES OF THE REGULAR MEETING OF JUNE 20. 2000 DISTRICT BOARD OF TRUSTEES OF ST, PETERSBURG JUNIOR COLLEGE Material Relating to DBT Agenda Item IX-O.12 Meeting: June 20, 2000 MEMORANDUM DATE: June 20, 2000 TO: District Board of Trustees FROM: Carl M. Kuttler, Jr.Cf SUBJECT: Agreement with City of Clearwater to Lease the Gymnasium and Field House at Clearwater Campus Approval is sought to enter into an agreement for up to four years to lease the Gymnasium, Field House, tennis courts and related property (estimated at 5 acres _ see attached drawing) at Clearwater Campus to the City of Clearwater. The lease would be in effect from October I, 2000 and could extend through September 30, 2004. The City of Clearwater shall be responsible for all maintenance, operations and utilities costs associated with the complex, which will result in savings to the College. The agreement will allow the College incidental use of the facilities (up to 10 times per year) for special events such as College Night, etc. CMKjr:SMR:lmc Attachment 'u J 28395 .-.. ~ 28396 MINUTES OF THE REGULAR MEETING OF JUNE 20, 2000 .i, "~'I DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE J :.:: LU LU c:: <.) I . I I . ,_",r- I I m ATTACH~lENT SH,),AK:Y 00).0 SOCCER FIELD --.-. SIDEWALK l en .... c:: ::l o <.) en Z Z LU .... II - --: r-- I L-J SOCCER FIELD o <: o c:: z <: :<: =: u <: o u o ..J o UNPAVED PARKING LOT DREW STREET I , I I MINUTES OF THE REGULAR MEETING OF JUNE 20, 2000 DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE - . ~ I 0 50 200 F::T SPJC CAMPUS-CLEARWA TER " APPROX1MATE SCAL: CA,,; I GLE I'~OJec1" NO. CEC. 1-4. 19~ RGUREl SITS PLAN 6819400062 c..>.co NCI. I 00062SPJ "NORTH 40" UD GLE ASSOCIATES, INC. ST. PETERSBURG JUNIOR COLLEGE SOl !b-. _____ s..... 0lXI CL=AAWATER, FlORIDA ~ r........ ~ :::&::II "oj (a t~so.d:l.SQ \.. 00-172, President Kuttler recommended and the Board unanimously adopted a retirement resolution for Mrs. Martha "Marti" R. Gessner, Enrollment Management, District Office. Joined by her colleagues, Ms. Gessner accepted her resolution as presented by President Kuttler and Chairman Johnston and shared comments on her positive experience as part of the SPJC family. 00-173, The president presented Bids, Expenditures and Contracts (through Purchasing), Items IX-A.l - A.9. He noted the dollars being spent through Florida Power (Item IX-A.3) and said he would later like to look into obtaining a better price through alternative sources. Regarding Item IX-A.5, the Board was assured of the worthiness of the piano purchase. A revised version ofItem IX-A.9 was distributed at the start of the meeting. Mr~ Welch stated his desire to abstain from voting on Item IX-A.3 and filed a Memorandum of Voting Conflict form, which is included in these minutes. Dr. Jones moved approval of these Purchasing items, including the revised Item IX-A.9. Mr. Burke seconded the motion. Mr. WeIch voted aye, abstaining from voting on Item IX-A.3; Dr. Jones voted aye; Mr. Burke voted aye; Mrs. Bilirakis voted aye; and Mr. Johnston voted aye. Motion carried. Information regarding these items is as follows: ~1 28397 - I I The foregoing copy of the St. Petersburg Junior College's District Board Of Trustees Rule 6Hx23-1.06, entitled, "Responsibility and Authority of the President" is a true and correct copy of said Board Rule and continues in force and effect this 6th day of December, 2000. -----V~OClA-0 ~,Clerk r District Board of Trustees 81. Petersburg Junior College f... .t 1~ ~ .' I RULE I PAGE SUBJECT RESPONSIBILITY AND AUTHORITY OF THE PRESIDENT 1.06-1 LEGAL 11/21/00 AUTHORITY 6Hx23-1,06 Revision #00-11 6Hx23-1.06 RESPONSIBILITY AND AUTHORITY OF THE PRESIDENT I. The District Board of Trustees delegates to the President administrative authority over the College and holds the President responsible for the efficient direction and operation of the College under the rules adopted by the District Board of Trustees. II. The President may delegate authority to the staff to perform administrative functions necessary to the efficient operation of the College. The responsibility for the performance of these functions shall remain with the President. III. The President is hereby authorized to sign, on behalf of the Board, all contracts and other documents reflecting action previously approved or authorized by the Board. In addition, all contracts including those involving expenditures not exceeding the amount as specified in Section 287.017, Florida Statutes, for Category Five may be approved and signed by the President or designee. Contracts involving expenditures will be listed in an informational report to the Board quarterly. IV. Alternatively, at the discretion of the President, a Request for Contract may be: A. Considered by the President's Cabinet prior to final approval; or B. Considered by the President in consultation with the Board Chair prior to final approval; or C. Presented to the Board for approval. V. The individual designated by the President is hereby authorized to serve in place of the President during his or her temporary absence, incapacity or in emergencies when the President is unavailable. In the event that the President has not so designated, J_ the person designated below for the time period in which the absence occurs shall temporarily serve in the President's place until the Board can designate an acting president, if necessary. January 1 - March 31 ,.. ~r Provost, Clearwater Campus 1 .06-1 ----- ~ ' I RULE I <- PAGE SUBJECT RESPONSIBILITY AND AUTHORITY OF THE PRESIDENT 1.06-2 11/21/00 Revision #00-11 LEGAL AUTHORITY 6Hx23-1,06 April 1 - June 30 Provost, St. Petersburg/Gibbs Campus July 1 - September 30 Senior Vice President, Educational and Student Services October 1 - December 31 Provost, Seminole Campus If the individual designated above is absent, the next succeeding individual will serve. VI. It shall be the responsibility of the President or a committee appointed by the President, where he deems such to be necessary, to ensure that all elections held within the College, except those held pursuant to Chapter 447, Florida Statutes, which are supervised by the public employees relations commission, are carried out in a fair and equitable manner. Specific Authority: 240.319, (2) & (3), F.S. Law Implemented: 240.313, 240.325, F.S.; SBE Rules 6A-14.0247, 6A-14.0261, 6A- 14.0262, 6A-14.073(1 )(a), F.A.C. History: This history reflects changes to the rule and procedure which were formerly combined. Formerly - 6Hx23-2.201; Adopted - 7/2/68; Readopted - 7/15/71, 10/25/77; Amended - 9/25/73, 2/27/77, 5/17/79, 11/20/79, 9/17/81, 3/3/82, 8/19/82; Filed - 8/19/82; Effective - 10/1/82; 11/21/00. Filed - 11/21/00. Proposed Date To Become Effective - January 1,2001. I :( -' 1.06-2 --"'- <. -". I I CLOSING STATEMENT DATE: December 7, 2000 TRANSFEROR: DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE, FLORIDA TRANSFEREE: CITY OF CLEARWATER REGARDING: Conveyance of parcels situated in Pinellas County, Florida legally described on Schedule 1 attached hereto and by this reference herein. The conveyance is for a consideration of $10,00, TRANSFEROR'S STATEMENT: SALES PRICE $0.00 LESS SELLER'S EXPENSES: 0.00 Real Estate Tax Prorations - N/A TOTAL PRORATIONS: ($ 0.00) NET PROCEEDS DUE TO TRANSFEROR AT CLOSING: ~ 0.00 TRANSFEREE'S STATEMENT EXPENSES: Recording Deed Documentary Stamps $19.50 .70 TOTAL DUE FROM TRANSFEREE AT CLOSING: DISBURSEMENTS: $ 20.20 Clerk of Court (Documentary stamps and recording fees) 20.20 TOTAL DISBURSEMENTS: $ 20.20 BY,tfJ~t ~""IL William B. Horne II As its Interim City Manager , DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE, FLORIDA CITY OF CLEARWATER By: Carl .-.::.... ! .J:- _,-r . I I As its President and Secretary W:\ATTY\ASD\CLIENTS\City.Clearwater\CLOSING.STA ;,. i:r ,,", 2