93-68RESOLUTION NO. 93 -68
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE SALE OF THE PROPERTY COMMONLY KNOWN AS
THE "ATRIUM AT CLEARWATER SQUARE" OR THE "SUN BANK
BUILDING," APPROVING THE FORM OF A SALE - PURCHASE
AGREEMENT, INCLUDING THE ADDENDUM THERETO, BETWEEN THE
CITY AND WALTER T. KRUMM VENTURES, INCORPORATED, OR
ASSIGNS, JOINED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, PROVIDING FOR SUCH SALE;
AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF
SAID AGREEMENT AND THE CONSUMMATION OF ANY TRANSACTIONS
CONTEMPLATED THEREBY, INCLUDING A RIGHT OF FIRST REFUSAL
ON THE PROPERTY PRESENTLY OCCUPIED BY THE CLEARWATER
POLICE STATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Clearwater desires to sell the
property commonly known as the "Atrium at Clearwater Square" or the "Sun Bank
Building," pursuant to a Sale - Purchase Agreement which has been prepared for such
purpose, and to consummate any transactions contemplated by said agreement,
including but not limited to the granting of a right of first refusal on the
property presently occupied by the Clearwater Police Station; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The sale of the City -owned property commonly known as the
"Atrium at Clearwater Square" or the "Sun Bank Building" pursuant to the terms
of a Sale - Purchase Agreement, including the Addendum thereto and the exhibits and
schedules attached thereto (collectively, the "Agreement "), the form of which is
attached hereto as Exhibit A, between the City as Seller and Walter T. Krumm
Ventures, Incorporated, as Purchaser, joined by the Community Redevelopment
Agency of the City of Clearwater, is hereby approved except as provided in
Section 2 below. The consummation of any transactions expressly contemplated by
-the Agreement, including but not limited to a right of first refusal on the
property presently occupied by the police station, and the taking of actions
necessarily related to closing and consistent with the terms of -the Agreement,
are hereby authorized.
Section 2. The Mayor and City Manager are hereby authorized and directed
to execute the Agreement in substantially the form attached as Exhibit A, SUBJECT
TO the following changes, which shall be made before execution of the Agreement:
by the City and which shall require the approval of the Purchaser:
1. In the Addendum, delete paragraph 9 ( "Capital Improvements ").
2. In the Option to Purchase (Exhibit I to the Addendum), delete the
provision in paragraph 9 (page 3) that the note will be a "nonrecourse note."
3. In paragraph 9(c) of the Sale- Purchase Agreement (page 8), delete the
proposed new phrase, "all of which agreements shall be terminated by Seller at
Closing, if possible, but in not [sic] event later than 30 days after closing,"
and substitute the following: "The agreement(s) between Seller and Faison
Associates shall be terminated by Seller effective as of the date of Closing, if
possible, but not later than 30 days after the date of Closing. All other
agreements described in this paragraph may be terminated by Purchaser in
accordance with their terms."
4. The form of the agreement for access, control and maintenance of the
parking garage and walkway (to be attached as Exhibit I to the Agreement) shall
consist of an assumption of the January 8, 1990, Maintenance and Operation
Agreement for the Park Street Garage, with such reasonable modifications as the
parties may agree; provided, however, that any modifications shall require the
express approval of the City Commission.
5. The City shall provide, in accordance with paragraph 1 of the
Addendum, the form of an easement to permit the continued maintenance of the
walkway over Park Street.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of October, 1993.
Attest:
Cynt is E. Goudeau Rita Garvey
City Clerk Mayor- Commissioner
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