5283-92
ORDINANCE NO. 5283.92
AN ORDINANCE OF THE CITY OF CLEARWATER, 'FLORIDA,
PROVIDING THAT A PORTION OF THE "MAAS BROTHERS PROPERTY"
BE SOLD FOR $750,000.00 TO THE FLORIDA GULF COAST ART
CENTER, INC., TO BE DEVELOPED, MAINTAINED, AND OPERATED
AS AN ARTS FACILITY, AS DEFINED HEREIN; DECLARING SUCH
PROPERTY TO BE SURPLUS AND NO LONGER NEEDED FOR PUBLIC
USE; PROVIDING FOR USE RESTRICTIONS AND A REVERTER
CLAUSE; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 3, 1992, IN CONJUNCTION WITH THE GENERAL
ELECTION IN ORDER TO SUBMIT THE PROPOSED SALE TO THE
QUALIFIED VOTERS OF THE CITY FOR APPROVAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2.01{d} of the Charter of the City of Clearwater provides
that no real property shall be given away or donated without the prior approval
of the qualified voters of the City at referendum, and that the real property
mast be declared surplus and no longer needed for public use at an advertised
public hearing; and
WHEREAS, the Florida Gulf Coast Art Center, Inc., has proposed to
construct, maintain, and operate an arts facility, as described herein, to be
located on a portion of the "Maas Brothers" property at Cleveland Street and
Osceola Avenue, to be purchased in accordance with the terms set forth in this
ordinance; and
WHEREAS, the establishment of an arts facility at this location is
consistent with the recommendations of the Maas Brothers Task Force; and
WHEREAS, the City Commission finds that the sale of the property to the
Florida Gulf Coast Art Center, Inc., for the purpose of establishing an arts
facility, as described herein, would be in the best interest of the residents of
the City and would serve a proper public purpose; and
WHEREAS, the City Commission finds that the purchase price set forth herein
is a fair price for the property, considering the use limitations to be imposed
upon the property, the right of reverter to be retained by the City, and other
considerations; and
WHEREAS, the City Commission further finds that a sale of the property to
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the highest competitive bid above the appraised value would not necessarily be
in the public interest, and desires instead to proceed as if the property were
being given away or donated subject to the approval of the voters of the City at
a referendum to be held for such purpose; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The eastern half, more or less, of the property known as the
"Maas Brothers" property, as described more particularly in Exhibit A to this
ordinance (which eastern half, more or less, is referred to herein as the
"Property"), consisting of approximately 85,125 square feet, is hereby declared
to be surplus and no longer needed for public use.
Section 2. The sale of the Property to the Florida Gulf Coast Art Center,
Inc. (the "Center"), for the sum of $750,000.00 is hereby approved subject to the
following terms and conditions, which shall be incorporated in the contract for
sale and purchase of the Property, shall survive closing, and shall be
incorporated in the instrument of conveyance as covenants and restrictions to run
with the land and be binding upon heirs, successors and assigns of the Center:
(a) The Property shall be used as an arts facility, which is defined to
mean as set forth in Exhibit B to this ordinance, and for no other purpose.
(b) The City shall demolish the existing building on the Property at the
City's expense prior to closing. Notwithstanding the demolition of the building,
the Center shall have the right to construct its building on the whole Property
subject to applicable setback, open space, vista, and other requirements of the
City's Code of Ordinances.
(c) The development of the Property by the Center shall be subject to the
applicable ordinances of the City, and the site plan shall be subject to review
and approval by the City Commission, in the same manner and subject to the same
rules which apply to similarly situated properties. The site plan shall include,
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but not be limited to, the following:
1. Provision for all of the Center's required parking on the site, and
provision for access and parking easements to and from other parking facilities
which may be constructed on adjacent properties, to be granted by the Center to
the City, matched by similar easements to be granted by the City to the Center,
to accommodate reciprocal and shared usage of on-site and off-site. parking
facilities by the Center and its employees and patrons and by the general public;
2. Provision for retention of stormwater as required by the City for new
developments, which may include on-site and off-site drainage and retention
easements to be established as part of a master drainage plan for the City-owned
property north of Cleveland Street and west of Osceola Avenue, as may be approved
by the City; and
3. Provision for a civic room/auditorium to be not less than 350 and not
more than 500 seats.
(d) The Center shall observe the following schedule:
I. The closing on the sale shall be not later than November 3, 1994.
2. A complete and acceptable application for the building permit for the
building shall be filed with the City not later than November 3, 1995. "Complete
and acceptable" means that the application is complete in all respects and
accompanied by plans which comply with the requirements of the Clearwater Code
of Ordinances, all fees have been paid, and any variances or approvals of other
governmental agencies, if any are required, shall have been obtained.
3. Construction of the building shall commence within six months of
issuance of the building permit, and the construction shall be prosecuted to
completion such that the certificate of occupancy shall be issued not later than
November 3, 1997. After commencement of construction, the Center and the City
shall agree to reasonable extensions of time when necessary for reasons beyond
the control of the Center, provided that such extensions shall not extend the
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deadline for completion of construction beyond November 3, 1998.
(e) The Center shall cause its financial records to be audited annually,
and shall provide a copy of the audit report to the City not later than December
31 each year.
(f) . Beginning with the month of January, 1993, and ending on the month
prior to closing, the Center shall pay to the city the sum of $1,500.00 on or
before the 15th day of each month during such term. The monthly payments from
the Center to the City shall be nonrefundable and shall be paid as additional
consideration over and above the $750,000.00 purchase price for the purpose of
defraying the out-of-pocket costs incurred by the City when maintaining the Maas
Brothers building. The center shall be relieved of its obligation to continue
payments under this sub-section after the City exercises its rights of reverter,
or after the Center notifies the City of its inability to close the purchase of
the Property, thereby terminating the contract. In no event shall the sum of
all payments made under this sub-section exceed $33,000.00.
(g) The Center may not assign, convey, transfer or encumber any of its
rights under this ordinance, or the contract for purchase and sale of the
Property or any of its rights thereunder, or the Property or any rights therein,
without the express prior consent of the City. The conversion of the corporate
status of the Center from a corporation not for prof it to a corporation for
profit, or from a nonstock nonprofit corporation to a stock share nonprofit
corporation, shall require notice to and the approval of the City prior to such
conversion.
(h) The Center is a tax-exempt organization pursuant to Section 501(c)(3)
of the Internal Revenue Code of the United States, and has represented to the
City that it intends to retain its tax-exempt status indefinitely as an
inducement to the City to adopt this ordinance and enter into the contract for
the sale and purchase of the Property. The Center has further represented to the
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City that it intends to develop, operate, and manage the Property so as to
qualify for exemption from property taxes. The loss of such tax-exempt status,
from income taxes or property taxes, shall constitute a material breach of these
covenants and grounds for the City to invoke the right of reverter retained by
the City, unless the loss of tax-exempt status is due to reasons beyond the
control of the Center such as changes in federal or state tax law. Nevertheless,
in the event of loss of such tax-exempt status, the Center shall pay all such
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taxes when due and shall not permit any tax to become a lien upon the Property
i or any improvements thereto. It is understood that the Property shall not be
exempt from special assessments, if any, which may be levied for improvements
benefitting the Property.
(i) The City retains a right of reverter which may be invoked, at the
option of the City, at any time upon violation or noncompliance with the
covenants and restrictions of the Center set forth in this section, following
notice of such violation or noncompliance to be given by the City to the Center
and a reasonable opportunity for the Center to take curative action. The right
t. of reverter shall be superior to all liens and encumbrances and shall not be
subordinated by the City to any other lien or encumbrance, except tax liens. It
is the intent of the parties that, in the event of such reversion, the Property
shall return to the City at no cost to' the City arid` free and clear of
encumbrances upon the Property and any improvements thereto.
Section 3. In addition to the terms and conditions set forth in Section
2 above, the sale shall be subject to the terms and conditions of a contract for
purchase and sale to be entered into between the City and the Center not later
than September 30, 1992, the original of which shall be maintained on file in the
Office of the City Clerk.
Section _4. The proposed sale shall be subject to approval by the qualified
voters of the City. A special election for such purpose shall be conducted on
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Tuesday, November 3, 1992, in conjunction with the general election, and the
proposed sale shall be deemed approved upon the affirmative vote of a majority
of the voters of the City voting at that time upon the following ballot question:
CITY OF CLEARWATER, FLORIDA
REFERENDUM QUESTION
City of Clearwater Ordinance 5283-92 proposes to sell the eastern
portion of the "Maas Brothers" property, after demolition of the
building by the City, to the Florida Gulf Coast Art Center, Inc.,
for $750,000.00. The property shall be used only as an arts
facility, as defined in the ordinance, with a right of reverter to
the City. The proposal includes access, parking and drainage
easements over nearby City-owned property.
Shall Ordinance 5283-92 be approved?
Yes (for the sale)
No (against the sale)
Section 5. This ordinance shall take effect immediately upon adoption,
except that the proposed sale of the Property shall be subject to a contract for
sale and purchase to be entered into between the City and the Center, and shall
be subject to approval by the voters of the City as provided in Section 4.
Section 6. This ordinance shall be recorded in the public records of
Pinellas County, Florida, following approval by the voters of the City as
provided in Section 4.
PASSED ON FIRST READING September 3, 1992
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED September 17, 1992
Rita Garvey
Mayor-Commissioner
Attest: Approved as to form and correctness:
Cynt is E. Goudeau M. A. Ga ait Jr.
Cit Clerk City Attorney
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Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5,
Edward Mill's Subdivision, according to the plat thereof recorded in
Plat Book 9, Page 36, of the public records of Pinellas County, '
Florida, and a portion of Lots 1 and 1-A, Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof recorded in Plat Book 57, Pages 1 and 2, of the public
records of Pinellas County, Florida, being more particularly
described as follows:
BEGIN at the Northeast corner of said Lot 1, thence S 01°26'17" E,
along the East line of said Lot 1 and the Nest line of the East 15
feet of said Lot 3, said line also being the West right-of-way line
of Osceola Avenue, for 224.38 feet to a point on the South line of
said Lot 3; thence N 89°58'26" W along the South line of said Lots
3, 4 and 5, and the South line of said Lot 1-A, said line also being
the North right-of-way line of Cleveland Street, for 389.00 feet;
thence departing said line, run N 00°00'15" W for 217.30 feet to a
point on the North line of said Lot 1; thence along the North line
of said Lot 1 for the following two (2) courses: (1) S 89°58'26" E
for 172.65 feet; (2) N 88°07'14" E for 210.85 feet to the POINT OF
BEGINNING.
LESS the following described property:
Portion of Lot 3, Edward Mill's Subdivision, according to the plat
thereof recorded in Plat Book 9, Page 36, of the public records of
Pinellas County, Florida, being more particularly described as
follows:
Commence at the Northeast corner of Lot 1, Rompon's and Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof recorded in Plat Book 57, Pages 1 and 2, of the public
records of Pinellas County, Florida, thence run South 01°26'17" East
along the East line of said Lot 1, and the West line of the East 15
feet of said Lot 3, said line also being the Hest right-of-way line
of Osceola Avenue, for 134.38 feet to the POINT OF BEGINNING; thence
continue along said West right-of-way line of Osceola Avenue South
01°26'17" East, 90.00 feet to a point on the South line of said Lot
3; thence run North 89°58'26" West along the South line of said Lot
3, 71.93 feet to a point on a non-tangent curve concave to the
Northwest; thence along the arc of said curve having a radius of
90.00 feet, a chord bearing of North 37°45'45" East, a chord length
of 113.77 feet and an arc length of 123.15 feet to the POINT OF
BEGINNING.
EXHIBIT A
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The property shall be used as an arts facility and for no other purpose. The
term "arts facility" is defined as a non-profit institution which is recognized
as an organization exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986, which is essentially educational and aesthetic in
purpose, which owns, borrows and/or leases art objects and cares for them for the
general purposes of encouraging the appreciation of, advancing the skills
relating to, and promoting the understanding of the visual arts. To further the
general purposes of the arts facility, the institution shall have the right:
1. To promote education in the arts and humanities;
2. To build, equip, maintain and operate studios for the development of
production skills relating to art;
3. To maintain museums and other facilities for the preservation,
display, appreciation and performance of art, including buildings, equipment,
galleries, lecture halls, classrooms, roadways, parking facilities and related
structures;
4. To maintain a library for the collection of books, manuscripts,
periodicals, photographs, films and other similar data relating to art;
5. To cooperate with the United States Government, the State of Florida
and their various political subdivisions and with civic, educational and artistic
groups and foundations in the encouragement of the creation and appreciation of
t art of all kind;
f: 6. To build, equip, maintain, operate and lease a community room;
7. To build, equip, maintain, operate and lease dining and/or catering
facilities, provided however, that the total square footage of any restaurant
which may be operated shall not exceed 25 percent of the total square footage of
the art facility, exclusive of parking areas, terraces and outdoor patios;
8. To build, equip, maintain and operate all facilities ancillary to the
general and specific purposes described above, provided, however, that the
operation of all ancillar facilities shall be limited to the activities
specified in Section 501(c (3) of the Internal Revenue Code of 1986, and the
regulations thereunder.
EXHIBIT 0
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BALLOT LANGUAGE
CITY OF CLEARWATER, FLORIDA
REFERENDUM QUESTION
CITY OF CLEARWATER ORDINANCE 5283-92 PROPOSES TO SELL THE
EASTERN PORTION OF THE "MAAS BROTHERS" PROPERTY, AFTER
DEMOLITION OF THE BUILDING BY THE CITY, TO THE FLORIDA GULF
COAST ART CENTER, INC., FOR $750,000.00. THE PROPERTY SHALL
BE USED ONLY AS AN ARTS FACILITY, AS DEFINED IN THE
ORDINANCE, WITH A RIGHT OF REVERTER TO THE CITY. THE
PROPOSAL INCLUDES ACCESS, PARKING AND DRAINAGE EASEMENTS
OVER NEARBY CITY-OWNED PROPERTY. SHALL ORDINANCE 5283-92
BE APPROVED?
YES (FOR THE SALE)
NO (AGAINST THE SALE)
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