05/13/1991 CITY COMMISSION SPECIAL MEETING
Amending Hillsborough Land Swap
May 13, 1991
The City Commission of the City of Clearwater met in special session at City Hall, Monday, May 13, 1991 at 1:03 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Sue Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Richard Fitzgerald Commissioner
Also present:
Michael J. Wright City Manager
M.A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The purpose of this meeting is to amend the contract for the exchange of property between the City and Windward Reflections, Inc.
At its April 18, 1991 meeting, the City Commission approved two agreements whereby the City would, (1) exchange 57 acres of municipally owned land with Windward Reflections, Inc, for
property of equal value on Island Estates, and (2) provide an option agreement to Windward Reflections to purchase an additional 193 acres for $1,045,000.
Contract language concerning assignability and excavation and dumping of refuse was included in the Option to Purchase, but it was inadvertently omitted from the Contract for Exchange
of Property.
Questions were raised regarding whether or not we could guarantee the sludge disposal would not impede the development of this property. Concerns were expressed that several years
from now environmental requirements may change and not allow development. It was suggested the contract be further amended to provide for return of the purchase price should the property
be found to be undevelopable in the future.
The meeting recessed from 1:08 to 1:18 p.m. in order for the City Attorney to prepare the necessary language.
The City Attorney presented a change to paragraph 7 on page 2, add "In the event of a breach of this warranty, the Company's remedy shall be limited to payment of the purchase price
in the amount of $430,000.00 by City to the Company or its successor in title and interest, upon reconveyance of the property to City."
Discussion ensued regarding whether Windward Reflections could request the City to pay for any clean up of the land. It was indicated their option would only be to sell the land back
to the City for the same price they paid ($430,000).
Commissioner Regulski moved to approve the modification to the contract, including the amended language to paragraph 7, page 2, for the exchange of property between the City of Clearwater
and Windward Reflections, Inc. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The meeting adjourned at 1:25 p.m.