AGREEMENT TO TRANSFER PREMISES AKA JOE DIMAGGIO SPORTS COMPLEX TO CITY BY QUIT CLAIM DEED
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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
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Agreement described on Exhibits "B" and "0" thereto shall simultaneously with the
AGREEMENT - City of Clearwater - Page 1 of 3
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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.
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AGREEMENT - City of Clearwater - Page 2 of 3
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IN WITNESS WHEREOF, the Parties to this Agreement have set forth their
hands and seals as of the date(s) specified hereinafter.
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DISTRICT BOARD OF TRUSTEES OF
ST. PETERSBURG JUNIOR COLLEGE, FLORIDA
BY:
Date:
Carl M. Kut
College Ident & Secretary
District Board of Trustees
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William B, Horne II
City Manager
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~~~~ Pamela K. Akin
City Attorney
Attest: -
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Cy 'a E. Goudeau -~: -.~_~ -.-"
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(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, .
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County of Pinellas
The foregoing instrument was acknowtedged before me this If? day of
Commissioner of the City of Clearwater and William B, Horne
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.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 [
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AGREEMENT - City of Clearwater - Page 3 of 3
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EXHIBIT "1"
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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
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obtained by the College and may undertake environmental test1l'1g as specifically described in
TRANSFER AGREEMENT - City of Clearwater - Page 1 of 4
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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.
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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
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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
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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
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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:
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City Attorney
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City Cled<
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State of Florida
County of Pinellas
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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 ~~
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, 2000 by Mr. Brian J. Aungst. Mayor-
City Manager of the City of Clearwater
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My Commission Expires: N PUllLIC . STAT!!. 0' FLOR~
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TRANSFER AGREEMENT - City of Clearwater - Page 4 of 4
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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.
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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.
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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
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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.
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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,
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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:
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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.
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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.
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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.
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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.
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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
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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.)
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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
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28392
MINUTES OF THE REGULAR MEETING OF .ITJNE 20. 2000
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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.
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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.
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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
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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.
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. - 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
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28393
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28394
MINUTES OF THE REGULAR MEETING OF JUNE 20. 2000
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DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE
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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.
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Attachment
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28396
MINUTES OF THE REGULAR MEETING OF JUNE 20, 2000
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DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE
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MINUTES OF THE REGULAR MEETING OF JUNE 20, 2000
DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG JUNIOR COLLEGE
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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:
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28397
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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.
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District Board of Trustees
81. Petersburg Junior College
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RULE
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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
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Provost, Clearwater Campus
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RULE
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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.
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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:
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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
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As its President and
Secretary
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