SUE BERFIELD
.t
_I
~/I
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
5th day of August, 1993, before me,
, a Notary Public in and for the
Florida, residing in the City of
commissioned
and affir-
by me first
A. I personally attended the closing of the City's
purchase of the Sun Bank Building on March 29, 1993.
B. The following are answers, to the best of my knowledge
and belief, tQ the questions posed to me in a June 3,
1993 letter from Commissioner Thomas and presented
to me at a City Commission Meeting.
C. The answers are supplied in the order in which they were
asked in Commissioner Thomas' memo of June 3, 1993.
1. To the best of my knowledge and belief, the following people
attended the closing. I have discussed this with the City
Attorney and Co-Counsel, Emil Pratesi.
Buyer representatives:
M. A. Galbraith - Clearwater City Attorney
Emil pratesi - Co-Counsel for the City
Daniel J. Deignan - Director of Finance - Clearwater
*Sue Berfield - Clearwater City Commissioner .
*Michael J. Wright - City Manager (arrived late in day)
*Cynthia Goudeau - City Clerk - (arrived late in day)
*Rita Garvey - Mayor/Commissioner (arrived late in day)
* = attened different portions of the closing.
Seller representatives:
Joseph F. McCarth - vip. Citicorp
Barbara E. Overton - Attorney for Citicorp
Robert o. Alter - V.P. Faison Associates
Paul E. Morra - Asst. Sec. - Citicorp
David Simon - (Name provided by City Attorney - I do not
recall title of this gentleman)
Doreen Cohen, Notary Publici Sr. Services Officer - I do
not recall her but name provided by City
attorney)
Darlene Bartoletta - Leasing Agent for Faison
page -1-
I (""1 ~, I ''",
-
Ie;
.... ,'.
l __"'
t'
I
I
The next issue I believe was to do with the escrow agreement.
Again, however, the discussion was vague in that I was only
listening and did not have documents to look at when
discussion was being held on particular documents. The
title company was requesting that wordage be in the policy
stating that the title company was not insuring the
actions the city took in purchasing the building. The
City Attorney and Co-Counsel left the "closing room"
to discuss this. This appeared to be extremely important
in that the title company wanted to be protected and
did not want to assume responsibility if the City bought
the building and the process came under scrutinity and
it might be found that the Commission should not have
purchased the builidng in the manner in which they did
purchase it. The Management Company (Faison) agreed
with the title company on this issue.
The Service Contracts came under discussion.
not at the closing and they had to be brought
Suggested City have buyouts or 30 day notice
contract holders.
Contracts were
to the closing.
to service
A list of equipment the City was getting was NOT provided
at the closing while I was there. I believe this was
something that was indicated during the commission meeting
that would be provided "at the table" was the phrase used.
On this issue I am not too certain exactly what my notes
say but it would appear that due to the rush in closing
on the purchase of the building an Incumbancy Certificate
had to be prepared for 4 signatures on behalf of the
City. Created affidavit to do with the commission meeting
minutes on motion and approval and substitute resolution.
The personal property tax was not on closing statement and
had to call Tax Assessor's office and had the info faxed
to the closing to put on closing document.
Building supplies that were in the building were originally
part of the purchase price but Mike wright said we didn't
need - eliminate from the purchase.
Gailbraith and pratesi met in private and then Citicorp,
Citicorp's attorney and Maria left "closing room" and all came
back in together. I stayed in "closing room" with management
company. Michael Riggs of First American Title called and
spoke with AI, Emil and Citicorp attorney.
Page -3-