10/01/2007
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF CLEARWATER
October 1, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Joe Roseto Interim Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 1:30 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The meeting was called for the purpose of considering an arbitration agreement
with Water’s Edge One, LLC in Circuit Civil Case number 07-006588-Cl-08.
2. City Attorney Reports
2.1 Authorize entering into an “Agreement to Arbitrate” between the City of
Clearwater and Attorneys for Water’s Edge One, LLC, in the Water’s Edge One, LLC v.
City of Clearwater and First Baptist Church of Clearwater, civil matter. Case 07-6588-
CI-008.
The Agreement to Arbitrate authorizes the City to resolve the Water’s Edge One,
LLC v. City of Clearwater, et al., civil action involving title to real property. Resolution of
the civil action would be by binding arbitration. The terms of the proposed agreement
include the following: that retired Circuit Judge James Case would serve as the
arbitrator; that the arbitration would take place on October 2, 2007, that each party would
bear their own costs and fees; that, in the event the arbitrator rules in favor of Water’s
Edge, the City agrees to waive its right to appeal (which, in any event would be limited
by Rule 1.830, Fla. R. Civ. P., and §344.104, Florida Statutes) in exchange for
$440,000; that should the arbitrator rule in favor of Water’s Edge and award damages in
lieu of ejectment, the waiver payment would offset and reduce any damages awarded;
that should the arbitrator rule in favor of the City, the City would agree to place a
referendum requesting sale of the disputed parcel to Water’s Edge at the election of
January 29, 2008, for an amount to be determined by City Council; and that should the
arbitrator rule in favor of Water’s Edge the parties agree to jointly ask the court to enter
judgment affirming the arbitrator’s award.
City Attorney Pam Akin said an appraisal done for Water’s Edge valued the
property at $450,000. The arbitration meeting is open to the public.
Council Special 2007-10-01 1
Discussion ensued and it was consensus, should the arbitrator rule in favor of
Water's Edge, the compensation for the City not appealing be $450,000 as per Water's
Edge's appraisal.
Councilmember Petersen moved to authorize entering into an "Agreement to
Arbitrate" between the City of Clearwater and Attorneys for Water's Edge One, LLC, in
the Water's Edge One, LLC v. City of Clearwater and First Baptist Church of Clearwater,
civil matter, with compensation of $450,000 to the City for not appealing the decision
should the ruling be in favor of Water's Edge. The motion was duly seconded and
carried unanimously.
3. Adjourn
The meeting adjourned at 1 :36 p.m.
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"--JV1ayor, City of Clearwater
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Council Special 2007-10-01
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