FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED-CALVARY BAPTIST
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REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT
(Purchase of Chesapeake Park Property by Calvary Baptist Church - Agreement #1)
THIS REA~~ATE PURCHASE AND EXCHANGE AGREEMENT made and
entered into this~ of July, 2000, by and between FIRST BAPTIST CHURCH OF
CLEARWATER INCORPORATED dba CALVARY BAPTIST CHURCH ("Calvary") and
THE CITY OF CLEAR WATER, FLORIDA ("City") (together Calvary and City shall be
referred to as the "Parties");
WIT N E SSE T H:
WHEREAS, the City owns certain real property known as Chesapeake Park located on
the west side of McMullen Booth Road approximately 445 feet south of Drew Street (hereinafter
referred to as the "Chesapeake Park Property") and more specifically described in Exhibit "A"
attached hereto; and
WHEREAS, Calvary owns certain real property comprising approximately 5 acres at the
intersection of Drew Street and Hampton Road (hereinafter referred to as "Hampton Road
Property") and more specifically described in Exhibit "B" attached hereto; and
WHEREAS, the City and Calvary have reached an agreement wherein the City will sell
and transfer the Chesapeake Park Property to Calvary (the Agreement as to this transaction shall
be referred to as Agreement #1) in exchange for the sale and transfer of the Hampton Road
Property by Calvary to the City (the Agreement as to this transaction shall be referred to as
Agreement #2); and
WHEREAS, by Resolution of May 18, 2000, the City has approved the concept of the
land exchange contemplated herein subject to a formal referendum authorizing such exchange [a
copy of said Resolution being attached hereto as Exhibit "C"]; and
WHEREAS, the City and Calvary desire to memorialize their agreement as further set
forth herein;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by both parties, Calvary and City do hereby agree
as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Earnest Money Deposit. None
3. Consideration. The City shall sell and Calvary shall purchase the Chesapeake Park
Property for consideration equal to $560,000.00. The consideration shall be in the form of a
conveyance of the Hampton Road Property from Calvary to the City. As additional
consideration for the improvements located on the Chesapeake Park Property, Calvary shall pay
up to $330,000.00 (Reimbursement Proceeds) for the City to build a 300' softball field and related
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amenities (the "Project") on the Hampton Road Property. The Project shall be designed and
constructed by the City at their sole discretion and shall include, but not be limited to, site
development, irrigation, field construction, lights, fencing and parking. The Project is designed
to replace the improvements located on the Chesapeake Park property which is being conveyed
by the City to Calvary. The Project shall create substantially the same improvements as the
existing 300' softball field and related amenities currently located on the Chesapeake Park
Property and shall be built so that the Project may be used in conjunction with the softball field
complex operated by the City adjacent to the Hampton Road Property. Calvary's obligation for
reimbursement shall not exceed $330,000.00. When the project is completed, the City shall
provide a statement of its expenditures to Calvary outlining the costs expended in the Project and
within thirty (30) days thereafter Calvary shall reimburse the City for up to $330,000.00 of the
cost of the Project. At Closing, Calvary shall provide proof as to the existence of the
Reimbursement Proceeds through one of the following methods to be chosen in Calvary's sole
discretion:
(i) Escrow deposit of the Reimbursement Proceeds with Macfarlane Ferguson
& McMullen in a local interest-bearing bank account with all interest on
said proceeds to accrue in favor of Calvary. The proceeds shall be
disbursed to the City from the account upon the happening of events as
otherwise set forth herein.
(ii) Establishment of an Irrevocable Letter of Credit from a local banking
institution in favor of the City in the amount of $330,000.00 to be used and
drawn upon by the City upon the happening of events as otherwise set
forth herein.
4. Conveyance by City. At a closing to occur simultaneous with the conveyance of
the Hampton Road Property by Calvary to the City, the City shall convey to Calvary by good
and sufficient warranty deed containing full covenants of warranty a fee simple, marketable title
to the Chesapeake Park Property. At Closing, Calvary shall provide the City with evidence of
an existing line of credit with First Union National Bank (or some similar banking institution)
in favor of Calvary. A portion of the credit line proceeds (up to $330,000.00) shall be
documented as earmarked and available as proceeds to reimburse the City for the Project.
5. Title Insurance. The City shall order and provide at its expense a commitment for
title insurance in the amount of the sale consideration ($560,000.00), which commitment shall
show a marketable, unencumbered, fee simple title in the name of the City as to the Chesapeake
Park Property. Calvary shall have fifteen (15) days after the delivery of said commitment for the
examination thereof, and within said period shall notify the City in writing of any objections to
said title. If this notification is not given within said period of time, then said title shall be
conclusively deemed to be acceptable to Calvary. In the event that the title to the Chesapeake
Park Property is not good and marketable, the City shall have thirty (30) days thereafter to
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perfect the title; and if the defects are not cured within such time, then Calvary may cancel this
Agreement, or waive the defects and accept the property without deduction on account of said
defects. A final title insurance policy will be issued to Calvary as soon after closing as possible.
The City shall select a title insurance company and closing agent which is reasonably acceptable
to Calvary.
6. Permitted Exceptions. The Chesapeake Park Property shall be conveyed to
Calvary subject to no liens, charges, encumbrances, easements, restrictions, exceptions or
reservations of any kind or character other than the following exceptions (the "Permitted
Exceptions "):
a. Zoning ordinances, provided the same permit Calvary's contemplated
utilization of the Property as a church and related educational facility; and
b. Any easements, restrictions or other matters which appear In the
commItment and/or survey (excluding standard exceptions) which are not objectionable
exceptions.
c. Any agreements between the parties that are part of this agreement.
7. Survey. Calvary may, at its own expense, order a survey of the Chesapeake Park
Property.
8. Closing and Possession. The sale and exchange contemplated herein shall occur
on or before the 1't day of October, 2000, and said Closing shall be simultaneous with the
purchase of the Hampton Road Property by the City from Calvary. After Closing, the City
shall be allowed to remain in possession of the Chesapeake Park Property on a rent-free basis for
a minimum period of six (6) months from the date of Closing. Calvary shall be required to
provide the City with forty-five (45) days written notice of the need to vacate the Chesapeake
Park Property and thereafter, within such timeframe, the City shall cease possession and further
use of the Chesapeake Park Property. While the City remains in possession of the Chesapeake
Park Property, it shall be responsible for any and all upkeep, maintenance and operational costs
associated with the Chesapeake Park Property. Furthermore, the City shall keep the Chesapeake
Park Property insured for casualty equal to the value of any improvements on the Property and
shall maintain a liability insurance policy by an A + rated company approved by Calvary with
limits of at least Five Million Dollars ($5,000,000.00) naming Calvary as the insured party. In
addition, the City shall fully indemnify and hold Calvary harmless from any and all claims or
causes of action for property damage, death or personal injury which may be brought against
Calvary relating to the City's possession, use or operation of the Chesapeake Park Property. At
the time of the required vacation of the Chesapeake Park Property, the City shall be allowed to
remove the above-ground improvements and irrigation system located on the site.
9. Property Taxes. To the extent any property taxes are assessed, all property taxes
shall be prorated at Closing.
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10. Closin~ Costs. The City shall pay the following costs and expenses in connection
with the closing:
a. documentary stamps in connection with the conveyance of the Property;
b. the premium and all search fees payable for the owner's policy of title insur-
ance.
c. recording fees in connection with those instruments necessary to render title
acceptable to purchasing party;
d. its costs of document preparation and its attorneys' fees; and
e, any costs of operating the Property which have been accrued on or prior
to the closing date.
Calvary shall pay the following costs and expenses in connection with the closing:
a. recording fees in connection with the general warranty deed; and
b. its costs of document preparation and its attorneys' fees.
11. Risk of Loss. The risk of loss or damage to the premises by fire or otherwise, until
delivery of deed, is assumed by the party in ownership. The owning party further agrees to
maintain the property and to deliver said property to Calvary in the same condition as it is when
this contract was executed, ordinary wear and tear excepted.
12. Contin~encies. This agreement and the closing contemplated hereunder IS
expressly contingent upon the satisfaction of the following contingencies:
a. The passage of a citywide referendum within the City of Clearwater which
referendum authorizes the transaction as contemplated in the Resolution;
b. Completion of all rezoning and land use changes on the Property as may
be necessary to allow the construction and operation of a church and related education facility
on the Chesapeake Park Property.
c. The conveyance by Calvary of the Hampton Road Property to the City.
13. Affirmative Covenants. Warranties and Representations of the City.
a. Operating the Property. Between the date hereof and the closing, the City
shall maintain the Property in substantially the same manner as prior to the date hereof.
b. Rights of Acquisition. No other person, firm, corporation or other entity
has any right or option to acquire the Property or any portion thereof or any interest therein.
c. Zoning. The present zoning and land use classification of the Property
according to the current and applicable zoning ordinances is Recreational . This Agreement
is expressly contingent upon the Property being rezoned to "Institutional" along with the
appropriate land use change prior to Closing. The City shall cooperate with Calvary as necessary
in the execution of any and all zoning and/or land use change applications so as to apply for the
zoning and land use change of the Property so as to allow the use of the property as a church and
related educational facility. The zoning and land use change must be completed prior to Closing,
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d. Title to Property. The City owns fee simple title to the land, the
improvements and the appurtenances, which at the time of closing will be free and clear of all
restrictions, liens, encumbrances, easements, exceptions, Uniform Commercial Code financing
statements and security interests of every kind and character, except for the Permitted Exceptions.
e. No Assessments. No assessments have been made against the Property that
are unpaid (except ad valorem taxes for the current year), whether or not they have become liens,
and if, at the time of closing, the Property or any part thereof shall be or shall have been affected
by an assessment or assessments and that are or may become payable in installments, of which the
first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement
all of the unpaid installments of any such assessments, including those that are to become due and
payable after closing, shall be deemed to be due and payable and to be liens against the Property
affected thereby and shall be paid and discharged by the City at closing. No goods or services
have been contracted for or furnished to the Property which might give rise to any mechanic's
liens or other liens affecting all or any part of the Property.
f. Utilities. As of the date and time of closing, those public utilities (including,
without limitation, water, electric, gas, sanitary sewerage, storm water drainage facilities and
telephone utilities) sufficient to operate the Property in its present state of usage shall be available
to the Property and shall be completed on the land and shall be connected to the improvements
located on the Property, such utilities shall enter the land through adjoining public streets, and
by other means to public utilities and all of the installations costs, "tap-in" fees, and similar costs
for such utilities shall have been paid in full. No sewer or water moratorium is in effect with
respect to the Property that would prevent use of the Property by Calvary.
g. Asbestos, Hazardous Wastes and Materials. To the best of City's knowledge,
there are no oil, toxic or hazardous wastes or materials, asbestos or other environmentally
regulated substances (as such terms may be defined under any federal, state or local laws or regula-
tions) ("Hazardous Waste") located on, in or about any portion of the Property, nor has any such
Hazardous Waste been treated, stored or disposed of on, in or about any portion of the Property
or used in connection therewith, and the City agrees that it will indemnify and hold Calvary
harmless from any and all expense, damage, loss or liability incurred by Calvary arising from the
application of any common law or any federal, state or local statute, regulation, ordinance or
other regulatory requirement, including, without limitation, any so-called "superfund" or
"superlien" legislation, relating to the presence of Hazardous Waste on, in or about the Property,
including, without limitation, costs and reasonable attorneys' fees arising before trial, during trial,
after trial, on appeal or in any bankruptcy, arbitration or administrative proceedings.
h. Historic Registry. To the best of City's knowledge, the Property is not on
any national, state, county or municipal historic registry or similar classification.
1. Landfill. To the best of City's knowledge, the Property has never been used
as a landfill or as a garbage dump.
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J. Cemeteries. To the best of City's knowledge, no cemetery or grave site,
whether marked or unmarked and whether abandoned or not, is located on a portion of the
Property nor has any of the Property been dedicated as a cemetery under the Florida Cemetery
Act.
k. Miscellaneous.
1. To the best of City's knowledge, there are no legal actions, suits or
other legal or administrative proceedings, including condemnation or similar cases or proceedings,
pending or threatened, against the Property, or against City, and affecting the Property or against
any third party known to the City affecting the Property, the City is not aware of any facts
which might result in any such action, suit or other proceedings.
11 To the best of City's knowledge, there are no sinkholes on the
Property or sinkhole activity therein.
1. Ingress/Egress. The City warrants that there is ingress/egress to the
Property.
14. Survival of Representations and Warranties. The representations and warranties
of the City as set forth herein shall be true and correct as of the date of closing and shall survive
the closing of this transaction. The City shall defend, indemnify and hold Calvary harmless from
and against and will reimburse Calvary with respect to any and all losses, claims, demands, causes
of action, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys'
fees and disbursements and court costs whether such fees, disbursements or costs arise before trial,
during trial, after trial, on appeal, or in any bankruptcy, arbitration or administrative proceeding)
at any time and from time to time after the closing asserted against or incurred by Calvary by
reason of or arising out of a misrepresentation or breach of warranty of the City contained in this
Agreement.
15. Provision with Respect to Failure of Title and Default.
a. Default by the City. In the event the City fails to comply with any of its
obligations or conditions hereunder, Calvary shall notice the City in writing and allow the City
to cure within a reasonable period of time not to exceed thirty (30) days and thereafter Calvary
shall have the right to cancel this Agreement and it may pursue any and all rights and remedies
available to it under Florida law including, but not limited to, the right to seek damages and to
seek the specific performance of this Agreement.
b. Remedies Cumulative. All rights, powers and privileges conferred upon
Calvary shall be cumulative and in addition to those other rights, powers and remedies hereunder
and those available by law or in equity. All such rights, powers and remedies may be exercised
separately or at once, and no exercise of any right, power or remedy shall be construed to be an
election of remedies or shall preclude the future exercise of any or all other rights, powers and
remedies granted hereunder or available at law or in equity.
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c. Default by Calvary. In the event Calvary should fail to consummate the
transaction contemplated herein for any reason except for (i) any permissible reasons set forth
herein, or (ii) City's default, City may pursue all legal remedies available to it under Florida law
including, but not limited to, the right to seek damages and to seek the specific performance of
this Agreement.
d. Attorneys' Fees and Costs. In the event of any litigation between the parties
arising out of this Agreement or the collection of any funds due Calvary or the City pursuant to
this Agreement, the prevailing party shall be entitled to recover all costs incurred, including
without limitation, reasonable attorneys' and paralegals' fees and costs, whether such fees and
costs are incurred before trial, during trial, after trial, on appeal or in any bankruptcy, arbitration
or administrative proceedings.
16. No Broker. It is understood between the parties that this sale was handled without
the services of a real estate broker, and therefore, no brokerage commissions are due. City and
Calvary warrant each to the other that they have not dealt with any real estate broker or
salesperson with regard to the sale/purchase of this Property.
17. Notices. All notices which are required or permitted hereunder must be in writing
and shall be deemed to have been given, delivered or made, as the case may be, (notwithstanding
lack of actual receipt by the addressee) (i) when delivered by personal delivery, or (ii) three (3)
business days after having been deposited in the United States mail, certified or registered, return
receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having
been deposited with an expedited, overnight courier service (such as by way of example but not
limitation, U.S. Express Mail or Federal Express), addressed to the party to whom notice is
intended to be given at the address set forth below:
As to Calvary: Mr. Larry R. Ponder
Calvary Baptist Church
331 Cleveland Street
Clearwater, FL 33755
with a copy to:
Thomas C. Nash, II, Esq.
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200 (33756)
P. O. Box 1008
Clearwater, FL 33757
As to City:
Mr. Michael Roberto
City Manager
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
with a copy to:
Pam Akin, Esq.
City Attorney
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
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Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this Section, but notice of change
of address is effective only upon receipt.
18. Entire Agreement. This Agreement and the exhibits referenced herein embodies
and constitutes the entire understanding among the parties with respect to the transaction
contemplated herein, and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement. Neither this
Agreement nor any provision hereof may be waived, modified, amended, discharged or
terminated except by an instrument in writing signed by the party against which the enforcement
of such waiver, modification, amendment, discharge or termination is sought, and then only to
the extent set forth in such instrument.
19. Applicable Law. This Agreement is construed in accordance with the laws of the
State of Florida.
20. Headings. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Agreement.
21. Binding Effect. This Agreement shall be binding upon and shall inure to. the
benefit of the parties hereto and their heirs, personal representatives and successors by law.
However, this Agreement shall not be assignable by either party.
22. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original instrument, but all such counterparts together
shall constitute one and the same instrument.
23. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
Agreement and any related instruments shall not be construed more strictly against one party
than against the other by virtue of the fact that initial drafts were made and prepared by counsel
for one of the parties, it being recognized that this Agreement and any related instruments are the
product of extensive negotiations between the parties hereto and that both parties hereto have
contributed substantially and materially to the final preparation of this Agreement and all related
Instruments.
24. Severability. In case anyone or more of the provisions contained in the Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
25. Time of Essence. Time is of the essence of this Agreement. Should any period of
time specified herein end on a Saturday, Sunday or legal holiday (recognized in Clearwater,
Florida), the period of time shall automatically be extended to 5:00 p.m. on the next full business
day.
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26. Final Date for Execution. This Agreement shall be null and void if not executed
by all parties on or before July 21,2000.
27. Authority of Parties. The City and Calvary represent to each other that each has
full power and authority to enter into and perform this Agreement, all related instruments and
the documentation contemplated hereby and thereby in accordance with their respective terms
and that the delivery and performance of this Agreement, all related instruments and the
documentation contemplated hereby and thereby has been duly authorized by all necessary
action.
28. No Waiver. Neither the failure of either party to exercise any power given such
party hereunder or to insist upon strict compliance by the other party with its obligations here-
under, nor any custom or practice of the parties at variance with the terms hereof shall constitute
a waiver of either party's right to demand exact compliance with the terms hereof.
29. Execution Date. The Execution Date of this Agreement shall be the date on which
the last of City and Calvary shall sign the same.
30. Radon. 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. Additionally, information regarding radon and radon testing may be
obtained from your county public health unit. The City agrees to allow, at the discretion and
expense of Calvary, an investigation to test for levels of radon in the property. The written
report is to be obtained within sixty (60) days from the Effective Date. If Calvary does not notify
the City, in writing, of a failed test within this time period, Calvary waives all rights under this
clause. If the test results indicated levels of radon gas unacceptable to Calvary in its reasonable
discretion, the test shall be a failed test, and Calvary shall immediately notify the City of such
condition in writing, providing to Calvary a copy of the written report received.
31. Impact Fees. All Impact Fees which may be due relating to any construction which
may ultimately take place on the Property shall be waived by the City and a document
confirming this shall be executed at Closing by the City.
32. Agency. Nothing in this Agreement shall be construed to constitute the creation
of a partnership or joint venture between City and Calvary.
33. Further Assurance. In addition to the obligations required to be performed
hereunder by the City and Calvary at Closing, both shall perform such other acts, and execute,
acknowledge and deliver subsequent to closing such other instruments, documents and other
materials as the other may reasonably request in order to effectuate the consummation of the
transactions contemplated herein and to vest title to the Property in Calvary.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
FIRST BAPTIST CHURCH OF
CLEAR WATER INCORPORATED
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By: ~ . ~ J LJju--- ~l
B. Cliff Williams,
Chairman of Deacons
STATE OF FLORIDA
COUNTY OF PINELLAS
By;
UJ/LL-:r::;.A/I1.
Atty. Attest:
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.11 . , fity Manager
rrD/2/Ve:- rr. ~A/Tcl'!-l~
ayor-Commissioner
Cynt 'a E. Goudeau, City Clerk
BEFORE ME, the undersigned officer, duly authorized to t;lke acknowledgments and
administer oaths, personally appeared B. CLIFF WILLIAMS, as Chairman of Deacons of FIRST
BAPTIST CHURCH OF CLEARWATER INCORPORATED d/b/a CALVARY BAPTIST
CHURCH, [ ] to me known or [>(] who produced :Ff~~fn$~oo as
identification, and who did/did not take an oath, known to me to be the person described in and
who executed the foregoing instrument, and severally acknowledged the execution thereof to be
his free act and deed as such officer, and he acknowledged the execution thereof to be the free act
and deed as said officer, for the uses and purposes therein expressed..
Witness my hand and official seal at Clearwater, said county and state, this /~ day of
July, 2000.
1:~t~~t
Print Name "J-}ua, /.,Il b: h [1~l{
My Commission Expires: J
STATE OF FLORIDA
COUNTY OF PINELLAS
..,.~.,io Cynthia Leigh Peabody
* l\i:ii,jf * My Commission CC915268
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-""".,# Expires March 02, 2004
BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and
administer oaths, personally as :T. B. Joh", So (\ J V I' Ce. k... ,/0'" of the CITY OF
CLEAR WATER, tQ. me known or who produced as identification,
and who did/did not take an oath, known to me to be the person described in and who executed
the foregoing instrument, and severally acknowledged the execution thereof to be his/her free act
and deed as such officer, and he/she acknowledged the execution thereof to be the free act and
deed as said officer, for the uses and purposes therein expressed.
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Witness my hand and official seal at Clearwater, said county and state, this JS day of
July, 2000.
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P. N CAROLYN L BRINK
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EXHIBIT "A"
CHESAPEAKE PARK PROPERTY
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29
South, Range 16 East, and run thence N 0037'03" E, along the 40-acre line,
730.35 feet for P.O.B., thence continue N 0037'03" E. 95.0 feet, thence N
89027'56" W, 669,05 feet; thence S 0037'03" W, 495.21 feet; thence S
89027'56" E, 469.05 feet; thence N 0037'03" E, 400.21 feet; thence S
89027'56" E, 200.0 feet to a P.O.B., less the East 33,0 feet for road right-of-
way
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EXHIBIT "B"
HAMPTON ROAD PROPERTY
The North 466.76 feet of S, 516.77 feet of E. 466,76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida
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RESOLUTION NO. 00-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A REFERENDUM
QUESTION AUTHORIZING THE TRANSFER OF THAT REAL
PROPERTY KNOWN AS CHESAPEAKE PARK, TO CALVARY
BAPTIST CHURCH IN EXCHANGE FOR REAL PROPERTY OF
COMPARABLE VALUE UNDER CHARTER SECTION
2.01 (d)5(v); PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2.01 (d)5(v) states in relevant part, "No municipally owned
real property identified as recreation/open space on the city's comprehensive land use
plan map on November 16, 1989 (or as may be amended thereafter), may be sold,
donated, leased for a new use, or otherwise transferred without prior approval at
referendum,... "; and
WHEREAS, City is the owner of that real property identified as recreation/open
space on the City's comprehensive land use plan, known as Chesapeake Park and
located on the west side of McMullen Booth Road, approximately 445 feet south of
Drew Street in Clearwater, Pinellas County, Florida (City Property); and
WHEREAS, Calvary Baptist Church is the owner of that real property located on
the north side of Drew Street at Hampton Road, Clearwater, Pinellas County, Florida
(Calvary Property); and
WHEREAS, It has been determined that the properties have a comparable
appraised value based on that appraisal report prepared by Frost Appraisal and Market
Consultants, Inc., dated February 7, 2000, which determined the value of the City
property as $560,000 and the Calvary property as $580,000; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that the City of Clearwater transfer that City
Property known as Chesapeake Park, with a legal description of:
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29 South,
Range 16 East, and run thence N 0037'03" E, along the 40-acre line, 730.35 feet for
P.O.B., thence continue N 0037'03" E. 95.0 feet, thence N 89027'56" W, 669.05 feet;
thence S 0037'03" W, 495.21 feet; thence S 89027'56" E, 469.05 feet; thence N
0037'03" E, 400.21 feet; thence S 89027'56" E, 200.0 feet to a P,O.B., less the East
33.0 feet for road right-of-way
Resolution No. 00-23
EXHIBIT "e"
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to Calvary Baptist Church in exchange for that Calvary Property with a legal description
of:
The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida.
Such transfer requires prior approval at referendum under Charter Section 2.01 (d)5(v).
Section 2. A referendum question is hereby called and will be held on July 11,
2000, at a special City election for the consideration of the voters of the City of
Clearwater for the proposed question. The question to appear on the referendum ballot
shall be as follows:
TRANSFER OF MUNICIPAL REAL PROPERTY DESIGNATED RECREATION/OPEN
SPACE ON THE LAND USE PLAN MAP
Shall the City Commission be authorized to transfer municipal real property
identified as recreation/open space on the land use plan map known as
Chesapeake Park and located on the west side of McMullen Booth Road
approximately 445 feet south of Drew Street to Calvary Baptist Church, in
exchange for real property of comparable appraised value located on the north
side of Drew Street at Hampton Road, in the City of Clearwater, Florida?
YES
NO
For
Against
Section 3. The City Clerk is directed to notify the Pine lias County Supervisor
of Elections that the referendum question provided above shall be considered at a
special election of the Clearwater voters held July 11, 2000.
Section 4. The City Clerk is directed to give notice of the election in the
manner prescribed by Section 100.342, Florida Statutes.
Section 5. This resolution shall take effect immediately upon adoption.
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Resolution No. 00-23
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PASSED AND ADOPTED this 18th day of May
Approved as to form:
C?-~
John Carassas
Assistant City Attorney
,2000.
/s/ Brian J. Aungst
Brian J, Aungst
Mayor-Commissioner
Attest:
/s/ Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
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Resolution No. 00-23