08/02/2004 WORK SESSION ONLY ITEMS
.-1
~Clearwater Work Session Agenda
;:;:::::~~ Clearwater City Council Work Session - Monday, August 2,2004
Presentations
1. Certificates for completion of Supervisory Training
2. Pinellas Mobility Initiative (PMI) - Bluff to Beach Guideway Update
Purchasing
1. Woodward (skate park) ramps and rails by Huna Designs, installed.
Fire and Rescue Department
1. Award a contract in the amount of $254,448.00 to American LaFrance Medic Master of
Sanford, Florida for the purchase of two 2004 Freightliner M-2 business class
Advanced Life Support Rescue Unit in accordance with Florida Fire Chiefs Association,
Florida Sheriffs Association, and the Florida Association of Counties Bid 3
(03-04-0820)and authorize the appropriate officials to execute same.
Finance
1. Declare surplus to the needs of the City and authorize disposal through sale at the
Tampa Machinery Auction, Tampa, Florida, the attached list of vehicles and equipment.
2. Approve payment of $85,000 to settle the liability claim of Lesa Neal and Gary Neal
and authorize the appropriate officials to execute same.
3. Adopt Resolution 04-23 providing for the sale of not to exceed $15.5 million
Stormwater Revenue Bonds, Series 2004 and authorize the appropriate officials to
execute same.
Gas System
1. Adopt City of Clearwater Resolution No. 04-18 and accept City of Oldsmar Ordinance
2004-02, which amends Ordinance 84-16 and changes the franchise percentage of
gross receipts from the sale of gas paid to the City of Oldsmar by Clearwater Gas, and
makes several administrative changes to our agreement and authorize the appropriate
officials to execute same.
Marine and Aviation
1. Adopt Resolution 04-22 authorizing the Marine & Aviation Department to act as Project
Manager for the Florida Boating Improvement Program and authorize the appropriate
officials to execute same.
Police
1. Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for
funding of operations in the amount of $1 00,000.00.
Engineering
1. Approve the applicant's request to vacate the 3-foot drainage and utility easements
lying along the north and south sides of the north property line of Lot 41, Imperial Park
Unit 1, (a.k.a. 2012 Imperial Way), less the east 5-feet therof and pass Ordinance
Number 7323-04 on first reading, (V AC2004-10 Derosia-Fenn).
2. Approve the applicant's request to vacate a 1 O-foot utility easement that lies in the
north 1 O-feet of the private street right-of-way of Pen mar Drive, said easement more
particularly described in Exhibit "A" attached, for property located at 702 Bayview
Avenue and pass Ordinance Number 7322-04 on first reading, (VAC2004-09 Our Lady
of Divine Providence),
3. Declare as surplus for the purpose of granting a perpetual utility Distribution Easement
to Progress Energy, a portion of the Southwest 1/4 of Section 22, Township 29 South,
Range 15 East, Pinellas County, Florida, commonly known as Ross Norton Park,
containing 19.56 acres, more or less, as more specifically described in the conveying
instrument, and authorize appropriate officials to execute same.
4. Approve a 10 year lease, with Florida State Council Pentecostal Assemblies, Inc., of a
portion of Christ Temple Church property at 1304 North Martin Luther King, Jr. Avenue,
legally described as the East 36 feet of the North 50 feet of Lot 7, and the North 50
feet of Lot 8, LESS the East 5 feet, Block 3, C. E. JACKSON'S SUBDIVISION, at
$1,200 annual rent for a total cost of $12,000, and authorize appropriate officials to
execute same.
5. Accept a sidewalk easement over and across a portion of the Northeast % of the
Northeat % of Section 21, Township 29 South, Range 15 East conveyed by Morton
Plant Hospital Association, Inc. in consideration of receipt of $1.00 and the benefits to
be derived therefrom and authorize the appropriate officials to execute same.
6. Accept a 20-foot wide Utility Easement to encumber a portion of the Northeast % of
Section 18, Township 29 South, Range 16 East conveyed by the Board of Trustees of
St. Petersburg College in consideration of receipt of $1.00 and the benefits to be
derived therefrom.
7. Approve a contract with American Housing Corporation to sell Lots 47 & 48, Block F,
GREENWOOD PARK NO.2, for the total net sum of $25,002, and authorize
appropriate officials to execute same and any instruments related thereto as may be
required for closing.
8. Approve a work order amendment for engineering design of the North Greenwood
Traffic Calming Design and Construction Administration Services (02-0055-EN) to
Wade Trim of Tampa, Florida in the amount of $37,249.00 and authorize the
appropriate officials to execute same.
9. Approve Capital Improvement Project 315-92836, Sign/Signal Shop Expansion, in the
amount of $240,000 for Fiscal Year 2004/05.
10. Approve the amendment of the Capital Improvement Program (CIP) to restructure
Stormwater Utility funding by reducing project budgets by $28,930.09 of fee revenue,
$89,563.00 of 1999 bond proceeds, $243,936.50 OF 2002 bond proceeds and
$9,061,420.00 of 2004 bond proceeds for a total decrease of $9,423,849.59 and
increasing project budgets by $1,565,328.09 of fee revenue, $89,563.00 of FY99 bond
proceeds, $243,936.50 of 2002 bond proceeds, for a total increase of $1,898,827.59,
resulting in a net budget decrease of $7,525,022.00, and the amendment to the
Stormwater Maintenance (419-02090) 2004 operating budget to increase the transfer
of fee revenue to CIP projects by $1,536,398 from the retained earnings of the
Stormwater Utility Fund,
11. Approve the preliminary plat for "Edgewater Townhomes", located on the southeast
corner of Union Street and Edgewater Drive, (A.KA 2095 Edgewater Drive),
12. Approve a contract with Clearwater Neighborhood Housing Services, Inc. ("CNHS") to
sell GREENWOOD PARK NO.2, Block D, Lot 37, a/k/a 1108 Engman Street for the
total sum of $10,500, including compliance with special qualifying criteria, and
authorize appropriate officials to execute same and any instruments related thereto as
may be required for closing.
13. Approve a contract with St. Petersburg College ("SPC") to purchase property situate in
Section 7, Township 29 South, Range 16 East commonly known as the Joe DiMaggio
Gym, 2450 Drew Street, for $2,125,000 plus estimated closing expenses of $1 ,550, for
a total acquisition cost not to exceed $2,126,550, and authorize appropriate officials to
execute same and any additional instruments required to effect closing.
Planning
1. Approve changes to the New Construction chapter of the Design Guidelines relating to
the transition areas section and new requirements for architectural styles within the
Downtown Core.
Official Rec and Legislative Svc
1. Appoint one member to the Beautification Committee with the term expiring on August
31,2008.
2. Appoint one member to the Library Board with the term expiring on August 31, 2008.
3. Recommend apppointment to Pinellas County Administrator for St.
Petersburg-Clearwater International Airport Aircraft Noise Abatement Task Force due
to resignation of Saundra L. Curry.
4. Approve amendments to the Election Code and pass Ord. No. 7325-04 on first reading.
City Attorney
1. Approve settlement of Poling v. City (personal injury action) in amount of $37,500.00.
2. Adopt Ordinance No. 7307-04 on second reading, amending schedule for Stormwater
Utility Rates.
3. Adopt Ordinance No. 7320-04 on second reading, vacating the east three feet of the
5-foot drainage and utility easement lying along the west property line of Lot 9, Block
13, Mandalay Subdivision.
Other City Attorney Items
City Manager Verbal Reports
Council Discussion Items
1. City approach to the model cell tower ordinance - Jonson
2. Clearwater/County/ Safety Harbor Recreation Partnership
3. Parking on Cleveland Street
Other Council Action
Adjourn
Presentation(s) for Thursday Night
1. End of Session report and presentation - Rep Bilirakis and Rep Farkas
~GCi
MPO
Pinellas Mobility Initiative
Clearwater Bluff to Beach
Guideway
Action Plan Updates
Clearwater City Council
August 2, 2004
Pinellas Mobility Initiative
Project Status
. Major Work Activities Complete
. In Process of FT A Coordination
. Steering Committee Developing
Next Steps Plan
.
I
1 ,
)
. )(
Pinellas Mobility Initiative
Project Status
. Next Steps Could Include
- Plan Refinement and
Prioritization
- Plan Implementation
- Transit Governance Issues
- Legislative Actions
- FT A Coordination I Qualifying
Pinellas Mobility Initiative
Public Opinion Survey
. Residents would be willing to pay
an average of to ride the
monorail
Base: Excluding $0.00 and Don't Know
1
Support Building a
Monorail?
Some
ApprovaIJ'(
0/0
By
Zlpcoc:le
Bluff to Beach Guideway
Action Plan Project Status
. Four Step Process
- Review Of FT A Funding Issues
- Review Of Previous Work Efforts
- Identify Implementation Strategies
- Identify Public / Private
Opportunities
2
Federal Transit Administration
Process Overview
. Technical Process
. Project Justification Criteria
. Political Process
Federal Transit Administration
Project Justification Criteria
. Project Justification Rating
- Mobility Improvement
- Environmental Benefits
- Cost Effectiveness
- Land Use Plans and Policies
Fedf~ral Transit Administration
Project Justification Criteria
. Financial Plan Rating
- Non-federal Share
-- Stability Of Local Funding Sources
Studies Comparison
Capital Cost
3
Studies Comparison
Ridership Projections
Studies Comparison
Operations and Maintenance
Cost
Studies Comparison
Farebox Revenue
Bluff to Beach Guideway
Options - What's Next?
. Option 1
- Pursue SSG as Phase 1 of PMI
Project
. Option 2
- Pursue SSG as Stand-alone Project
4
BBG Options Comparison
Capital Cost
BBG Options Comparison
Operations and Maintenance
Cost
BBG Options Comparison
Timeframe
BBG Options Comparison
Funding Source Options
5
BBG Options Comparison
Control Over Location,
Character, Design
Bluff to Beach Guideway
Options - Recommendation
. Pursue Option 1
- SSG as Phase 1 of Overall PMI
Project
. Leave Door Open For Option 2
- Public / Private Opportunities
- Accelerate Project
Implementation
6
City Council
Cover Memorandum
-
l?-.':,
pl~lkJ .iiM
f(j'c C. eu ,-'\ C I \
0J613
Trackinq Number: 697
Actual Date: 08/05/2004
Subject / Recommendation:
Approve a contract with St. Petersburg College ("SPC") to purchase property situate in Section 7,
Township 29 South, Range 16 East commonly known as the Joe DiMaggio Gym, 2450 Drew
Street, for $2,125,000 plus estimated closing expenses of $1,550, for a total acquisition cost not
to exceed $2,126,550, and authorize appropriate officials to execute same and any additional
instruments required to effect closing.
Summary:
In December 2000 St. Petersburg Junior College (now SPC) donated 32.32 acres, more or less, of
its Joe DiMaggio Complex to the City for potential development of the new Phillies training facility.
The former landfill property was conveyed by Quitclaim Deed and accepted by the City in "as is"
condition.
SPC retained the 5.42 acre portion of the complex improved with gym, lockers and tennis courts
to assess potential future uses for that property. The City entered into a 4-year lease of the
property that will expire on September 30, 2004. Following its assessment, SPC determined the
remaining property was not a viable asset for its future plans. Fogarty & Finch Appraisers valued
the property for SPC in May 2002 at $2,200,000.
Following discussions with SPC, senior City management expressed interest in acquiring the
remainder parcel to either operate as an indoor recreation facility, or demolish and incorporate it
lands in a future redevelopment of the entire 37.74 acre site.
James M. Millspaugh, MAl, performed an appraisal for the City May 18, 2004 and valued the
property at $2,050,000 assuming no landfill characteristics that might modify that value.
SPC and City management established the $2,125,000 purchase price at the average of the two
appraisals, subject to approval by each entity's governing officials.
As with the earlier property donation, the subject parcel is being acquired "as is" with closing to
occur prior to the September 30, 2004 lease termination.
To fund this purchase, new capital improvement project 315-93130 will be established in third
quarter transferring available open space and recreational land impact fees in the amount of
$1,884,555.19 that are available in the Special Development Fund, and approve an intrafund
transfer from the undesignated balance in the Special Development Fund in the amount of
$241,994.81 to be paid from future receipts of open space and
recreation land impact fees, interest to be paid at the cash pool rate.
A copy of the purchase agreement is available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section: Consent Agenda
Cateqory: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
City Council
Cover Memorandum
Financial Information:
Type: Purchase
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budaet?
Yes
Budaet Adjustment:
Yes
Budget Adiustment Comments:
See funding statement in Summary.
Current Year Cost:
$2,126,550.00
Annual Operatina Cost:
$0.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$2,126,550.00
Not to Exceed:
$2,125,550.00
Approoriation CodeCs)
315-93130-560100-572
Amount
$1,884,555.19
Comments
New capital improvement project to be
established at third quarter
315-93130-560100-572
$242,094.81
Intrafund loan from undesignated
balance in Special Development Fund
Review Approval
Kevin Dunbar
07-09-2004
15:37:25
Laura Lioowski
07-15-2004
16:30:58
Bill Horne
Michael Quillen
Cvndie Goudeau
Tina Wilson
Garry Brumback
City Council
Cover Memorandum
07-22-2004 21 :43 :40
07-12-2004 10:42: 10
07-26-2004 10:02:34
07-12-2004 10:51:33
07-22-2004 09:32:54
.
LOCATOR MAP
JOE DIMAGGIO GYM PROPERTY - 2450 DREW STREET
Uti
~
..til.tJ- .,u,..,~
J
\;
.J
f'.'It
-
>.." I'
t
I
IH
".".,
~i- E.N G 13,
AGREEMENT FOR PURCHASE OF PROPERTY
THIS AGREEMENT made and entered into the _ day of , 2004 between the CITY
OF CLEARWATER, FLORIDA, or assigns, hereinafter referred to as "Buyer," and ST. PETERSBURG
COLLEGE BOARD OF TRUSTEES, hereinafter referred to as "Seller."
WITNESSETH:
1. DESCRIPTION OF THE PROPERTY: In consideration of the payment hereinafter agreed to
be paid by the Buyer to the Seller, and in consideration of the covenants of the respective parties hereto,
each to the other to be performed by them at the time and in the manner hereinafter provided, the Seller
does hereby agree to sell and the Buyer does hereby agree to buy the following property located in
Pinellas County, Florida and legally described as:
ADDRESS (LOCATION):
2450 Drew Street
Clearwater, FL
LEGAL DESCRIPTION:
See Exhibit "A"
PARCEL ID NUMBER:
07-29-16-00000-430-0000
2.
Price of
PURCHASE PRICE: Seller agrees to sell the above described Property for the Purchase
Purchase Price................................................................. ....$2, 125,000
Total to be paid towards
purchase price at closing........ ........................... .... ..................$2, 125,000
This transaction is payable in cash (cashier's check or by wire transfer) at closing, less any Buyer's credits
that shall be applied as advance payment toward the purchase price and shall be deducted therefrom at
closing.
Items Retained bv Seller
The Seller, at Seller option, as a negotiated condition of this Agreement, will, at closing, retain ownership of
the following items: all personal property purchased by Seller as set forth in Exhibit "B".
All property to be retained by Seller shall be removed from the subject property by the day of closing or by a
mutually agreed upon date set forth in a separate written agreement. Any of the above-described materials
not removed from the subject property by the Seller on or before the date established for Seller to vacate the
premises shall become the property of the Buyer.
3. INSPECTION PERIOD: Buyer and Buyer's Representative (Buyer) shall have 30 days after
execution of this Agreement (Inspection Period) during which Buyer shall have right and opportunity to enter
and inspect the Property, to undertake appraisals, conduct building inspections, surveys, soil test borings,
percolation tests, environmental audits, radon tests and other subsurface tests, and any other studies, tests
and examinations thereof as Buyer may desire; provided, however, that (i) none of the foregoing shall cause
any material injury to the property; (ii) Buyer shall promptly repair any damage to the Property caused by the
foregoing; (iii) Buyer shall pay all costs and expenses incurred in connection with the foregoing; and (iv)
Buyer shall, to the extent permitted by F.S. 768.28, indemnify and hold Seller harmless of and from all
losses, costs, injuries, damages and liability of any kind arising out of or in connection with Buyer's agents,
employees, engineers and other personnel. Buyer shall also have the right to undertake any other due
diligence it may deem necessary to determine whether the permitted uses of the Property are acceptable for
its intended purposes. On or before the end of the Inspection Period, the Buyer as determined that the
condition of the Property, its permitted uses, costs to purchase and develop, title, survey, environmental
1
condition, or appraisal amounts are not satisfactory to the Buyer in its sold discretion, Buyer may elect to
terminate this Agreement and the Deposit, if any, will be returned to Buyer and the Buyer shall have no
further liability hereunder. If, at the end of the Inspection Period, the Buyer does not elect to terminate this
Agreement the inability of Seller to convey marketable title at Closing. All Inspection Period costs shall be the
sole responsibility of the Buyer.
4. TIME FOR ACCEPTANCE/EFFECTIVE DATE: If this Contract is not executed by the
Seller on or before July 20, 2004 and by the Buyer on or before August 15, 2004, it shall be null and void.
The date of Contract ("Effective Date") shall be the date when the Contract is approved and executed by the
Buyer and Seller.
5. CLOSING DATE: This transaction shall be closed and the deed and all other closing papers
delivered 10 days after the satisfaction of the contingencies, unless otherwise extended in writing by Buyer
and Seller or their representative. The closing shall occur on or before the 30th day of September 2004.
6. POSSESSION: Seller represents that sole possession of the premises herein described
shall pass to Buyer at closing.
7. EVIDENCE OF TITLE: Within ten (10) days from Effective Date, Seller shall, at Seller's
expense, deliver to Buyer or Buyer's attorney, a title insurance commitment issued by a Florida licensed title
insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance
in the amount of the purchase price, insuring Buyer's good and marketable title to the property, subject only
to those standard exceptions appearing in the owner's title policy which, from Buyer's standpoint, do not
unduly affect title, and those items which shall be discharged by Seller at or before closing. Buyer shall have
ten (10) days from date of receiving title commitment to examine same. If title is found defective, Buyer
shall, within five (5) days thereafter, notify Seller in writing specifying defect(s), or the same shall be deemed
to have been accepted by Buyer. If said defects render title uninsurable, Seller will have 90 days from
receipt of notice within which to remove said defect(s), and if Seller is unsuccessful in removing them within
said time, Buyer shall have the option of either accepting the title as it is then, or Buyer and Seller shall be
released, as to one another, of all further obligations under this Contract. However, Seller agrees that Seller
will, if title is found to be uninsurable, use diligent effort to correct the defect(s) in title within the time provided
therefore. Seller shall remove all personal property from premises prior to closing unless possession
addendum is executed as stipulated above.
8. UPDATED TITLE COMMITMENT: Buyer shall have been furnished with the Title
Commitment, as required by Section 7 of this Agreement, and such commitment shall be u'pdated at Seller's
expense at closing with such update showing no change in the status of title as previously approved by
Buyer.
9. CLOSING DOCUMENTS: Seller shall, through Seller's closing agent, furnish to Buyer, at
least seven (7) days prior to closing, copies of all deeds, affidavits, closing statements, or other documents
which will be executed and delivered by Seller at such closing, which documents shall be subject to the
reasonable approval of Buyer's attorney.
10. INGRESS AND EGRESS: Seller warrants that there is ingress and egress to the property.
11. EXPENSES: Values for recording purposes shall be the price set out herein.
Buyer will:
A. Update survey at its expense.
B. Pay for the cost of recording the deed.
2
Seller will:
A. Pay for the title insurance.
B. Assume responsibility for documentary stamps on deed.
12. PRORATIONS: None.
13.
ESCROW TAXES:
None.
14. DOCUMENTS FOR CLOSING: Seller shall furnish Closing Statement, and Buyer shall
provide payment in cash at closing (cashier's check or by wire transfer). Upon the Buyer meeting the terms
of purchase, the Seller will promptly execute and deliver to the Buyer a general warranty deed conveying the
property to the Buyer. The property shall be free and clear of all liens and encumbrances except as
indicated in Items #7 and #17 of this Contract.
15. PLACE OF CLOSING: Closing shall be held in the county wherein the property is located,
at the office of the St. Petersburg College or at the office of a designated closing agent as agreed by Seller
and Buyer.
16. TIME: Time is of the essence of this Contract. Any reference herein to time periods of less
than six (6) days shall, in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any
time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00
p.m. of the next full business day.
17. RESTRICTIONS. EASEMENTS. LIMITATIONS: The Buyer shall take title subject to
restrictions in matters appearing on the plat or otherwise common to the subdivision; public utility easements
of record; taxes, if any, from the date of closing, and subsequent years, except as may be specified
otherwise herein.
18. SUCCESSORS AND ASSIGNS: The covenants, prOVIsions and agreements herein
contained shall in every case be binding on and inure to the benefit of the parties hereto, respectively, and
their respective heirs, executors, administrators, successors, and assigns.
19. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens
as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of
closing shall be assumed by Buyer provided, however, that if work on the said improvement has commenced
as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall,
at closing, be charged an amount equal to the last estimate by the public body of assessment for the
improvement.
20. OTHER AGREEMENTS: No prior or present agreements or representations shall be
binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract
shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound
thereby. Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control
all printed provisions of this Contract in conflict therewith.
21. RELATIONSHIP OF THE PARTIES: Nothing contained herein shall be deemed or
construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or
a partnership or joint venture between the parties hereto, it being understood and agreed that neither the
method of computation of purchase price, nor any other provision contained herein, nor any acts of the
parties herein shall be deemed to create any relationship between the parties hereto other than the
relationship of Buyer and Seller. Whatever herein the singular number is used, the same shall include the
plural, and the masculine gender shall include the feminine and neuter genders.
3
22. CONTRACT NOT RECORDABLE: This Contract or any reference thereto shall not be
recorded in any public records.
23. BROKERAGE COMMISSIONS: Each party represents to the other that no person or firm
has acted as broker in this transaction. The parties hereby agree that if any claims for brokerage
commissions or fees are ever made against either party in connection with this transaction, all such claims
shall be handled and paid by the party whose actions are the basis for such claims for brokerage
commissions. The provisions of this section shall survive the closing and the delivery of the deed and other
related documents.
24. ENGINEERING PLANS AND STUDIES: Upon the execution of this Contract, Seller shall
furnish to Buyer, for copying at Buyer's sold expense, all engineering plans and surveys which Seller has, if
any, relating to the property, and all such information may be used by Buyer in such manner as it desires,
provided that in the event Buyer fails to purchase the property for any reason, all such information shall be
returned to Seller together with any information that Buyer may have compiled with respect to the property.
25. WARRANTIES AND REPRESENTATIONS:
A. Seller and Buyer acknowledge that the subject property was included in an historic
"landfill" and that such fill activities occurred prior to the regulation of landfills, including the nature and types
of waste that may be disposed therein. Seller, prior to the construction of the improvements on the property
and prior to regulators setting standards for remediation, undertook to have the property cleaned up. Seller
cannot warrant that all material were removed. During Seller's ownership, Seller represents to the best of its
knowledge the property has not been used for landfill or garbage dump. The property is being sold in an as
is, where is, with all faults. They, the Buyer acknowledges the conditions of the property and of the adjacent
landfill property described on Exhibits Band D hereto currently owned by Buyer.
B. Seller further represents that, to the best of Seller's knowledge, during the period of
Seller's ownership, that toxic chemicals, hazardous substances (including hazardous wastes) or substances
likely to infiltrate the soil or groundwater have not been spilled or buried on the subject sites.
C. Seller represents and warrants that to the best of Seller's knowledge, the property is
not in violation of any federal, state or local law, rule, ordinance or regulation relating to hazardous
substances or wastes, or to environmental conditions on, under or about the property, including, but not
limited to, soil and groundwater condition.
26. RADON GAS DISCLOSURE: 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.
27. CONDEMNATION PENDING OR THREATENED: The Seller warrants there is no pending
or threatened condemnation or similar proceeding affecting the property or any portion thereof, nor has
Seller knowledge that any such action is presently contemplated by parties.
28. COMPLIANCE WITH LAWS: To Seller's knowledge, Seller has complied with all
applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting the
property. Performance of this Contract will not result in any breach of, or constitute any default under, or
result in the imposition of any lien or encumbrance upon the property under any agreement or other
instrument to which Seller is a party or by which Seller or the property might be bound.
29. PENDING LITIGATION: Seller warrants that there are no legal actions, suits or other legal
or administrative proceedings affecting the property or any portion thereof, nor has Seller knowledge that any
such action is presently contemplated.
30. RISK OF LOSS: The risk of loss or damage to said premises by fire or otherwise, until the
delivery of the deed or conveyance, is assumed by the Seller.
4
31. MAINTENANCE/INSPECTION OF PROPERTY:
A. Buyer currently occupies the property as a lessee and is familiar with its condition. Buyer
agrees that all property sold under this Contract is being sold in an "As Is, Where Is" condition with all faults.
Buyer will continue to maintain the property in good condition until closing.
32. DEFAULT OF BUYER OR SELLER: If the Buyer fails to perform this Contract within the
time specified, Seller, at his option, may proceed in equity to enforce his rights under the Contract or
releases all parties from all obligations under this Contract. If Seller fails, for any reasons other than failure
to render his title marketability after diligent effort, to perform this Contract, the Buyer may seek specific
performance without waiving any action for damages resulting from Seller's breach. Failure or refusal of
Buyer or Seller to execute the deed and other documents required hereunder shall be deemed default on the
part of the Buyer and Seller.
33. MISCELLANEOUS PROVISIONS: This Contract may be executed in several counterparts,
each constituting a duplicate original, but all such counterparts constituting one and the same Contract.
Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall
include the female gender and the neuter, and vice versa. In case anyone or more of the provisions
contained in this Contract shall for any reason be held to the invalid, illegal or unenforceable in any respect,
such invalidity, illegality or illegal or unenforceable provision had never been contained herein. Any
references to gender in this Contract shall be deemed to include both male and female, and a singular and
plural. The parties hereby agree that each has played an equal part in the negotiations and drafting of this
Contract, and in the event any ambiguities should be realized in the construction or interpretation of this
Contract, the result of those ambiguities shall be equally assumed and realized by each of the parties to this
Contract. The waiver of one or more defaults by any party to this Contract shall not be deemed a waiver of
any subsequent default of that provision of the Agreement, or of a default under any other provision of this
Contract.
34. NOTICES: Any notice to be given or to be served upon any party hereto, in connection with
this Contract, must be in writing and may be given by certified mail, and shall be deemed to have been given
and received when a certified letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; and, if given otherwise than by certified mail, it shall be deemed to have
been given when delivered to and received by the party to whom it is addressed. Such notices shall be
given to the parties hereto at the following address:
FOR BUYER:
FOR SELLER:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
5t. Petersburg College
Board of Trustees
P.O. Box 13489
St. Petersburg, FL 33733
Copy to:
Copy to:
City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
Susan M. Reiter
Director of Facilities, Planning &
Institutional Services
P.O. Box 13489
St. Petersburg, FL 33733
5
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Real Estate Contract the
day and year first above written.
SELLER:
BOARD OF TRUSTEES
ST. PETERSBURG COLLEGE
WITNESS:
BY:
CARL M. KUTTLER, JR., PRESIDENT AND
SECRETARY TO THE BOARD OF TRUSTEES
Signature of Witness
Print Name:
Address:
BUYER: CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Brian J. Aungst, Mayor
William B. Horne, II, City Manager
Approved as to form:
Attest:
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
6
EXHIBIT "A"
Based on a survey by King Engineering and Associates, Inc., dated June 27, 2000, as provided to the
appraiser by St. Petersburg College; the property is legally described as tollows:
A parcel ot land lying within the Southeast 1,.4 ot Southeast 1,.4 ot Section 7, Township 29 South,
Range 16 East, Pinellas County, Florida and being turther described as tollows:
Commence at the Southwest corner ot the Southeast 1,.4 ot said Section 7; thence along the west line
ot said Southeast 1,.4 NOoo41'47"E, tor 50.00 teet to the north Right-ot-Way line ot Drew St; and also being the
POINT OF BEGINNING; thence continue along said line NOoo41'47"E, tor 435.00 teet; thence, leaving said
line, S89040'19"E, tor 542.36 teet; thence SOoo41'47"W, tor 435.00 teet to the north Right-ot-Way line ot said
Drew Street; thence along said Right-ot-Way line N89040'19'W, tor 542.36 teet to the POINT OF
BEGINNING,
Containing 235,927 square teet or 5.42 acres, more or less.
7
Exhibit "B"
Personal Property:
The following personal property shall be retained by the Seller and shall be relocated prior
to closing:
. Commercial washer and dryer
. Personal sports equipment, primarily baseball equipment.
. Equipment lockers
8