06/01/2010COMMUNITY REDEVELOPMENT AGENCY
AGENDA
Location: Council Chambers - City Hall
Date: 6/1/2010- 9:00 AM
1. Call to Order
2. CRA Items
2.1 Approve a Contract For Purchase of Real Property with Gilbert G. Jannelli, to purchase real property
described as OVERBROOK SUBDIVISION, Block 3, Lots 1, 2, 3 and 4 for the sum of $296,000 plus
estimated expenses in an amount not to exceed $7,000 for a boundary survey and transaction closing costs
and authorize appropriate officials to execute same, together with all documentation required to effect
closing, and establish project 388-94862 (CarPro Site) in the amount of $325,000 to cover the costs of
property purchase and demolition by transferring $325,000 from project 388-94714 (Downtown
Redevelopment).
Attachments
3. Other Business
4. Adjourn
Meeting Date: 6/1/2010
Community Redevelopment
0 Agency Agenda
Council Chambers - City
Hall
SUBJECT / RECOMMENDATION:
Approve a Contract For Purchase of Real Property with Gilbert G. Jannelli, to purchase real property described as OVERBROOK
SUBDIVISION, Block 3, Lots 1, 2, 3 and 4 for the sum of $296,000 plus estimated expenses in an amount not to exceed $7,000 for
a boundary survey and transaction closing costs and authorize appropriate officials to execute same, together with all
documentation required to effect closing, and establish project 388-94862 (CarPro Site) in the amount of $325,000 to cover the
costs of property purchase and demolition by transferring $325,000 from project 388-94714 (Downtown Redevelopment).
SUMMARY:
In December 2009, the Economic Development and Housing Department (ED) identified 1359 Cleveland Street as a candidate for
participation in the city's Brownfields program given the site's outstanding environmental issues, specifically groundwater
contamination, and available sources of funding to address those issues. Staff outlined a strategy to purchase the CarPro site for the
purposes of environmental remediation, the removal of a non-conforming land use, and potential future redevelopment of the site.
The subject property is located on the southwest corner of Cleveland Street and S. Evergreen Avenue in the East Gateway District
of the Community Redevelopment Agency (CRA) boundaries and referred to as the CarPro site.
At least four different phases of environmental site assessment have been conducted prior to May 2007 at this site. These
investigations have identified potential adverse environmental conditions within the property boundaries of the CarPro site and the
two adjacent properties to the west. Access to these properties will be necessary to conduct and complete the remediation at the
CarPro site. Staff has determined through discussions with the property owners that obtaining access easements to those properties,
instead of seeking to purchase them, to be the best course of action.
Based on previous environmental assessments, the City's environmental consultant, CardnoTBE, has estimated the general cost for
implementing the preferred remediation strategy will range from $595,000 to $680,000. The assessment portion of this estimate (up
to $190,000) will be covered by the 2009 American Recovery and Reinvestment Act (ARRA) assessment funds and existing
Brownfields grants. The remediation portion of this estimate (up to $492,000) will be funded through the Brownfields Cleanup
Revolving Loan Fund (BCRLF) and the sale of the City's Voluntary Cleanup Tax Credits. These costs are preliminary and will be
more definitive once assessment is completed.
The 2009 ARRA assessment funds and BCRLF both have strict timelines that must be met. It is necessary to spend 35% of granted
ARRA (or stimulus) funds by July 2010. BCRLF dollars expire in June 2010 and must be returned to the Environmental Protection
Agency (EPA) if not expended. Staff has contacted EPA to inform them of the contract to purchase and have agreed to work with
the City/CRA on these timelines as we progress with this project.
Staff recommends the CRA purchase the CarPro site utilizing the Downtown Redevelopment Fund as the source of funds. An
appraisal was performed by K. Mitchell Caldwell, MAI and concluded that the market value of the proposed acquisition is
$280,000. As a condition to closing, an access easement will be required from the two adjacent property owners to be able to
conduct the necessary examination and remediation in an acceptable manner.
In addition to the acquisition of the CarPro site, it is estimated that the CRA will need to expend approximately $20,000 to complete
the demolition of the structure after closing.
The benefits of this project are as follows:
Addresses documented contaminated site and the associated impediments to redevelopment (i.e. financing and remediation)
of the site and immediately adjacent properties.
Enhances the environment through clean-up of a contaminated property.
Cover Memo
Stimulates investment in a particularly blighted area of the East Gateway District. Item # 1
Allows expenditures of federal recovery funds (35% of total award of $400,000, or $140,000, must be spent by July 2010).
Removes a non-conforming land use and implements several action items in the East Gateway Five-Year Action Program
addressing specific community concerns in this area, i.e. business environment and neighborhood appearance.
Funding for the acquisition, closing costs and demolition are recommended from the CRA Downtown Redevelopment project 388-
94714.
Type: Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $303,000
Not to Exceed:
For Fiscal Year: 2009 to 2010
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $303,000
Appropration Code Amount Appropriation Comment
388-94862 $303,000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA
PARTIES: GILBERT G. JANNELLI, 909 S. Ft. Harrison Avenue, Clearwater, Fl. 33756-3903 ("Seller"),
and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of Florida 112 South Osceola Avenue, Clearwater, Fl.
33756 (herein "Buyer" or "CRA"), collectively ("Parties") hereby agree that the Seller shall sell and
Buyer shall buy the following real property ("Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION Parcel I. D. 15-29-15-64890-003-0010
LEGAL DESCRIPTION: OVERBROOK, Block, 3, Lots, 1 through 4, inclusive, according to the map or
plat thereof as recorded in Plat Book 8, Page 23, Public Records of Pinellas County, Florida,
2. FULL PURCHASE PRICE .................................................................. $ 296,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ......................................... $ 296,000.00
4. PURCHASE PRICE
The Full Purchase Price as established herein has been reached through negotiations with the Seller,
by City Economic Development staff. On 02 /09 / 2010 State Certified General Real Estate Appraiser,
K. Mitchell Caldwell, MAI, appraised and valued the subject property at "highest and best use, as
vacant" and environmental compliant at $280,000.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 20 days following delivery in
duplicate original to the CRA for acceptance and approval, or rejection by action of the CRA Board of
Directors. If this agreement is accepted and approved by the CRA, it will be executed by duly
authorized CRA officers and delivered to Seller within 10 days thereafter. If this contract is rejected by
the CRA upon initial presentation, this contract shall be null and void in all respects and Seller shall be
so informed in writing within 5 days of such action.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Special
Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title
shall be free of liens, easements and encumbrances of record or known to Seller, but subject to
property taxes for the year of closing; covenants, restrictions and public utility easements of record; and
no others provided there exists at closing no violation of the foregoing and none of them prevents
Buyer's intended use of the Property for future redevelopment in accordance with City of Clearwater
regulations.
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7. TITLE EVIDENCE
Buyer may, at Buyer option and expense not later than 10 days prior to closing date obtain a title
insurance commitment issued by a licensed Florida title insurance agent agreeing to liens,
encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be
discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be
determined according to applicable Title Standards adopted by The Florida Bar and in accordance with
law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective,
Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render
title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s),
failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this
Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
8. SURVEY
Buyer may, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered
Florida land surveyor of Buyer's choice. If survey shows any encroachment on Real Property, or that
improvements located on Real Property encroach on setback lines, easements, lands of others, or
violate any restrictions, contract covenants or applicable governmental regulation, the same shall
constitute a title defect. The survey shall be performed to minimum technical standards of the Florida
Administrative Code and may include a description of the property under the Florida Coordinate System
as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed at a mutually agreed time in the
offices of the designated closing agent in Pinellas County, Florida, on or before July 30 , 2010,
unless extended by other provisions of this contract. If either party is unable to comply with any
provision of this contract within the time allowed, and be prepared to close as set forth above, after
making all reasonable and diligent efforts to comply, then upon giving written notice to the other party,
time of closing may be extended up to 60 days without effect upon any other term, covenant or
condition contained in this contract.
10. CLOSING DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as
may be applicable. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms to the requirements of local law.
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11. CLOSING EXPENSES
Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay documentary
stamps on and recordation the deed. Seller shall pay the costs of recording any corrective instruments.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be paid by Seller and
prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but
due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification
to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If
the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous
year shall be used with due allowance being made for improvements and exemptions. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that not later than day prior to closing there shall be no parties in occupancy other than
the Seller, or as otherwise disclosed in ADDENDUM attached hereto and a part hereof. If Property is
leased or otherwise rented as of the Effective Date, or between the Effective Date and closing, as may
be mutually agreed upon by the Parties, Seller shall assign all of Seller's rights, title and interest therein
to Buyer at time of closing. Any property improvements not subject to such mutually agreed upon lease
or rental agreement shall be completely vacated and left in "broom clean" condition not later than two
(2) days prior to closing. Any personal property other than that of mutually approved Lessees, whether
Seller's or that of others, remaining in, on or about the property the day prior to closing shall be subject
to removal at Seller expense, with sale proceeds not to exceed 2% of the purchase price being retained
in closing agent's escrow account to defray the costs of removal if necessary. Any escrow funds held in
excess of Buyer's actual costs to remove Seller's or others personal property shall be refunded to
Seller. Should the costs of removing such personal property exceed escrow funds held for that
purpose, Seller agrees to reimburse Buyer within fifteen (15) days of receipt of Buyer invoice for the
excess funds.
14. PROPERTY CONDITION
Seller shall deliver the SUBJECT Property to Buyer at time of closing in its present "as is" condition,
ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable
condition. Seller makes no warranties other than is disclosed herein in Paragraph 19 ("SELLER
WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more
specifically represented in either subparagraph 1. a. or b. as marked [X].
a. [X ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the
Property in its present "as is" condition.
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b. [ ] As Is With Right of Inspection: Buyer may, at Buyer expense and within 45 days following the
Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use.
Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for
the purposes of conducting the inspections provided, however, that all such persons enter the Property
and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice,
provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against the Property without
Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer. If this transaction does not close, Buyer agrees, at Buyer expense,
to repair all damages to the Property resulting from the inspections and investigations and return the
Property to its present condition.
15. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Seller
obligations under Paragraphs 13, 14, and Addendum, as applicable. No new issues may be raised as
a result of the walk-through.
16. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not
exceed 10% of the appraised valuation of the Property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration
costs credited to Buyer at closing. If the cost of restoration exceeds 10% of the appraised valuation of
the improvements so damaged, Buyer shall have the option of either taking the Property "as is",
together with either 10% of any insurance proceeds payable by virtue of such loss or damage, or of
canceling this contract.
17. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
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adverse matters pursuant to Section 627.7841, F. S. (1987), as amended.
18. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
19. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Specify known defects. If none are known, write "NONE".
If no entry, it will be deemed that Seller has entered "NONE")
For environmental, see addendum
Buyer shall have 40 days to investigate said matters as disclosed by the Seller, and shall notify Seller in
writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall
elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be
deemed to have waived any objection to the disclosed matters and shall have the obligation to close on
the contract.
20. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your County public health unit.
21. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
22. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
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parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
23. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors
and assigns (if assignment is permitted).
24. BROKER REPRESENTATION
The parties acknowledge that neither Seller nor Buyer is represented in this transaction by any
Licensed Real Estate Brokerage Firm ("Broker"). Should any Broker claim a fee as representative of
either, then that party shall be responsible for such fee as may be due Broker, including, if applicable,
provisions of Paragraph 18 hereof.
25. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
27. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
28. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
29. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
30. ATTACHMENTS
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An ADDEMDUM containing provisions explicitly precedent and integral to Buyer obligations to close
pursuant to this Contract is attached hereto and a part hereof.
31. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
EXECUTED this day of , 2010 by Seller.
Gilbert G. Jannelli
APPROVED & EFFECTIVE this day of , 2010
COMMUNITY REDEVELOPMENT AGENCY
Countersigned: of the City of Clearwater, Florida
Rod Irwin
Its: EXECUTIVE DIRECTOR
By:
Frank V. Hibbard
Its: CHAIRMAN
Approved as to form:
Laura Mahony
Assistant City Attorney
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ADDENDUM
To that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA (herein, "CRA") dated
, 2010 by and between GILBERT G. JANNELLI ("Seller") and the CRA ("Buyer")
regarding real property legally described as OVERBROOK, Block 3, Lots 1 through 4, inclusive,
according to the map or plat thereof as recorded in Plat Book 8, page 23, Public Records of Pinellas
County, Florida, a/k/a "Carpro", 1359 Cleveland Street, Clearwater, F1. 33755.
TO WIT:
1. To the maximum and extent permitted by applicable law, this sale is made and will be made
without representation, covenant, or warranty of any kind (whether express, implied, or, to the
maximum extent permitted by applicable law, statutory) by Seller, subject to provisions of
paragraphs 6 (Title) and 7 (Title Evidence). As a material part of the consideration of this
agreement, Buyer agrees to accept latent and patent defects, and without representation or
warranty, all of which Seller hereby disclaims, except for Seller's Warranties. Except for
Seller's Warranties as disclosed in Article 19 hereof, no warrant or representation is made by
Seller as to (a) fitness for any particular purpose, (b) merchantability, (c) design, (d) quality, (e)
condition, (f) operation or income, (g) compliance with drawings or specifications, (h) absence
of defects, (i) absence of hazardous or toxic substances, (j) absence of faults, (k) flooding, or
(1) compliance with laws and regulations including, without limitation, those relating to health,
safety, and the environment. Buyer acknowledges that Buyer has entered into this agreement
with the intention of making and relying upon its own investigation of the physical,
environmental, economic use, compliance, and legal condition of the Property and that, except
as otherwise provided in this agreement, Buyer is not now relying, and will not later rely, upon
any representations and warranties made by Seller or anyone acting or claiming to act, by,
through or under or on Seller's behalf concerning the Property. The provisions of this
paragraph shall survive indefinitely any Closing or termination of this Agreement and shall not
be merged into the closing documents.
2. As a condition integral and precedent to closing the transaction contemplated herein, Seller
shall grant the City of Clearwater Temporary Access Easement as documented in EXHIBIT "A"
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appended hereto and by this reference made a part hereof, to real property owned by Seller
being legally described as OVERBROOK, Block 3, Lots 7 through 14 inclusive, according to
the map or plat thereof as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas
County, Florida.
3. As a condition integral and precedent to closing the transaction contemplated herein Seller
shall cooperate with Buyer and facilitate acquisition and conveyance to the City of Clearwater
Temporary Access Easement as documented in EXHIBIT "B" appended hereto and by this
reference made a part hereof, to real property being legally described as OVERBROOK, Block
3, Lots 5 and 6, and Lots 15 through 18 inclusive, according to the map or plat thereof as
recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida.
4. Buyer acknowledges that Buyer is aware of the current environmental condition of the
Property to which Buyer shall acquire title upon closing this transaction.
ACKNOWLEDGED:
Date: , 2010
Date: , 2010
SELLER
Gilbert G. Jannelli
RI IYFR
Frank V. Hibbard
CHAIRMAN
Rod Irwin
EXECUTIVE DIRECTOR
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EXHIBIT "A"
RETURN TO:
Earl Barrett
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Florida 33758-4748
RE: Parcel No. 15-29-15-64890-003-0080
TEMPORARY ACCESS EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the
benefits to be derived therefrom, GILBERT G. JANNELLI, a single man ("Grantor"), does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), easement over, under, across, upon and through the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
OVERBROOK, Block 3, Lots 7 through 14 inclusive, according to the
map or plat there as recorded in Plat Book 8, Page 23 of the Public
Records of Pinellas County, Florida.
This easement is conveyed herewith to Grantee, its employees, agents,
contractors and designees and/or invitees for the express purposes of entering upon
Grantor's herein described property to conduct all environmental investigations, soil and
ground water testing, and environmental remediation as may be required by appropriate
Federal, State and Local regulatory agencies. Throughout the term hereof, Grantee, its
employees, agents, contractors, designees and invitees covenant and agree to maintain
reasonable commercial ingress and access to Grantor's property, and to limit to the
greatest extent reasonably possible any business impacts to business operations of
Grantor, or Grantor's lessee, as applicable.
This easement authority shall continue in force for such term as required for
Grantee to complete all such investigations, testing and site remediation as may be
necessary to receive a Site Rehabilitation Completion Order or equivalent
documentation from the appropriate regulatory agency or agencies.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described real property, that Grantor has full right and lawful
authority to grant and convey this easement to Grantee, and that Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
It is expressly understood that Grantor reserves unto himself, his heirs and
assigns, all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold
harmless Grantor from and against any and all claims, demands, actions, judgments,
injuries, damages, costs and expenses, including attorney's fees, resulting from or
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related to Grantee or Grantee's employees, agents, contractors and designees and/or
invitees use or occupation of Grantor's property. However, nothing contained herein
shall be construed to waive or modify the provisions of Florida Statute 768.28 or the
doctrine of sovereign immunity as to any party hereto. In addition, nothing contained
herein shall be construed as consent by Grantee to be sued by third parties in any
manner arising from this grant of easement, or as a waiver of sovereign immunity.
The rights granted herein shall be temporary, but irrevocable, except by the
written mutual agreement of both parties at such time as Grantee has received a Site
Rehabilitation Completion Order, or equivalent documentation from the appropriate
regulatory agency or agencies, or ninety (90) days following abandonment of Grantor's
property by Grantee, whichever shall occur sooner. In either event of termination
Grantee shall promptly initiate process to formally vacate this grant of easement in all
respects and record a memorandum of such vacation in the Public Records of Pinellas
County, Florida.
IN WITNESS WHEREOF the undersigned Grantor has caused these presents to
be duly executed this of 12010.
WITNESS signature
Print Witness Name
WITNESS signature
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
Gilbert G. Jannelli
BEFORE ME, the undersigned authority, personally appeared Gilbert G. Jannelli,
who executed the forgoing instrument on the day and date first above written, and who
acknowledged the execution thereof to be his free act and deed for the uses and
purposes herein set forth. He [ ] is personally known to me or [ ] did provide
as identification.
Notary Public - State of Florida
Type/ Print Name
My commission expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
:SS
AFFIDAVIT OF NO LIENS
BEFORE ME, the undersigned authority, personally appeared Gilbert G. Jannelli, a
single man, whom, being first duly sworn, does depose and say:
1. That he is the owner of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
OVERBROOK, Block 3, Lots 7 through 14 inclusive, according to the map or plat
there as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas
County, Florida.
2. That said property is now in the possession of the record owner.
That there has been no labor performed or materials furnished on said property for which
unpaid bills for labor or materials against said property, except: (list, or if none, insert
"NONE". If no entry, it will be deemed "NONE" has been entered)
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described except easement and restrictions and: (list or if none, insert
"NONE". If no entry, it will be deemed "NONE" has been entered)
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby warranted
that there are no unpaid assessments against the above-described property for
improvements thereto by any government, whether or not said assessments appear of
record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
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7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
WITNESS Signature
WITNESS Printed Name
Gilbert G. Jannelli
WITNESS Signature
WITNESS Printed Name
Sworn to and subscribed to before me this day of
2010.
Notary Public - State of Florida
Print/Type Name
My Commission Expires
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EXHIBIT "B"
RETURN TO:
Earl Barrett
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Florida 33758-4748
RE: Parcel No. 15-29-15-64890-003-0050
TEMPORARY ACCESS EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the
benefits to be derived therefrom, CLARK D. HUBBARD, a married man ("Grantor"), does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), easement over, under, across, upon and through the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
OVERBROOK, Block 3, Lots 5 and 6, and Lots 15 through 18
inclusive, according to the map or plat there as recorded in Plat
Book 8, Page 23 of the Public Records of Pinellas County, Florida.
This easement is conveyed herewith to Grantee, its employees, agents,
contractors and designees and/or invitees for the express purposes of entering upon
Grantor's herein described property to conduct all environmental investigations, soil and
ground water testing, and environmental remediation as may be required by appropriate
Federal, State and Local regulatory agencies. Throughout the term hereof, Grantee, its
employees, agents, contractors, designees and invitees covenant and agree to maintain
reasonable commercial ingress and access to Grantor's property, and to limit to the
greatest extent reasonably possible any business impacts to business operations of
Grantor, or Grantor's lessee, as applicable.
This easement authority shall continue in force for such term as required for
Grantee to complete all such investigations, testing and site remediation as may be
necessary to receive a Site Rehabilitation Completion Order or equivalent
documentation from the appropriate regulatory agency or agencies.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described real property, that Grantor has full right and lawful
authority to grant and convey this easement to Grantee, and that Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
It is expressly understood that Grantor reserves unto himself, his heirs and
assigns, all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold
harmless Grantor from and against any and all claims, demands, actions, judgments,
injuries, damages, costs and expenses, including attorney's fees, resulting from or
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related to Grantee or Grantee's employees, agents, contractors and designees and/or
invitees use or occupation of Grantor's property. However, nothing contained herein
shall be construed to waive or modify the provisions of Florida Statute 768.28 or the
doctrine of sovereign immunity as to any party hereto. In addition, nothing contained
herein shall be construed as consent by Grantee to be sued by third parties in any
manner arising from this grant of easement, or as a waiver of sovereign immunity.
The rights granted herein shall be temporary, but irrevocable, except by the
written mutual agreement of both parties at such time as Grantee has received a Site
Rehabilitation Completion Order, or equivalent documentation from the appropriate
regulatory agency or agencies, or ninety (90) days following abandonment of Grantor's
property by Grantee, whichever shall occur sooner. In either event of termination
Grantee shall promptly initiate process to formally vacate this grant of easement in all
respects and record a memorandum of such vacation in the Public Records of Pinellas
County, Florida.
IN WITNESS WHEREOF the undersigned Grantor has caused these presents to
be duly executed this of 12010.
WITNESS signature
Print Witness Name
WITNESS signature
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
Clark D. Hubbard
BEFORE ME, the undersigned authority, personally appeared Clark D. Hubbard,
who executed the forgoing instrument on the day and date first above written, and who
acknowledged the execution thereof to be his free act and deed for the uses and
purposes herein set forth. He [ ] is personally known to me or [ ] did provide
as identification.
Notary Public - State of Florida
Type/ Print Name
My commission expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
:SS
AFFIDAVIT OF NO LIENS
BEFORE ME, the undersigned authority, personally appeared Clark D. Hubbard, a
married man, whom, being first duly sworn, does depose and say:
1. That he is the owner of legal and equitable title to the following described property in
Pinellas County, Florida, to wit:
OVERBROOK, Block 3, Lots 5, 6 and Lots 15 through 18 inclusive, according to
the map or plat there as recorded in Plat Book 8, Page 23 of the Public Records of
Pinellas County, Florida.
2. That said property is now in the possession of the record owner.
That there has been no labor performed or materials furnished on said property for which
unpaid bills for labor or materials against said property, except: (list, or if none, insert
"NONE". If no entry, it will be deemed "NONE" has been entered)
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described except easement and restrictions and: (list or if none, insert
"NONE". If no entry, it will be deemed "NONE" has been entered)
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby warranted
that there are no unpaid assessments against the above-described property for
improvements thereto by any government, whether or not said assessments appear of
record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
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7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
WITNESS Signature
WITNESS Printed Name
Clark D. Hubbard
WITNESS Signature
WITNESS Printed Name
Sworn to and subscribed to before me this day of
2010.
Notary Public - State of Florida
Print/Type Name
My Commission Expires
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