93-56RESOLUTION NO. 93 -56
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A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DETERMINING THE NECESSITY TO MAKE IMPROVEMENTS TO AND
REPLACEMENT OF THE CLEARWATER PASS BRIDGE, AUTHORIZING
AND DIRECTING CONDEMNATION OF THE NECESSARY PROPERTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has been advised by its Department of Public
Works that it is necessary and in the public interest to improve the public
transportation system and public way connecting Clearwater Beach and Sand Key by
replacing the existing Clearwater Pass bridge, also known as the Sand Key bridge
with a new bridge which will improve automobile traffic flow across the bridge
and improve marine traffic flow through Clearwater Pass; and
WHEREAS, the City Commission has determined that the acquisition of certain
property and property rights is necessary for this public purpose; and
WHEREAS, the City Commission is empowered by the Florida Constitution and
by Chapters 73, 74, 166, and 334 through 338, Florida Statutes, to exercise the
power of eminent domain and acquire such property and property rights as is
deemed necessary by the City Commission for the public purpose of providing the
necessary rights -of -way and easements for the construction of this project; and
WHEREAS, the Department of Public Works has surveyed and located its line
or area of construction and intends in.good faith to construct the project for
the replacement of the Clearwater Pass bridge on or over the hereinafter
described property, in accordance with the construction plans for State Project
No. 15140 -3518, Detail Sheets Nos. 10 and 11, and Right -of -Way Maps Section
15140 -2518, Detail Sheet No. 7; and
WHEREAS, the City Commission has considered engineering analysis and work
shop presentations and has determined the necessity of acquiring certain property
and property rights only after considering alternative routes, or the lack
thereof, safety factors, environmental considerations, costs of the project, and
V-43-13;�
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long term area planning; and
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WHEREAS, attempts to negotiate the acquisition of necessary rights -of -way
and temporary construction easements have been unsuccessful, and it is therefore
necessary to exercise the power of eminent domain for the public purpose of
improving road and traffic conditions in the City of Clearwater; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission finds it necessary and in the public
interest to construct and replace the Clearwater Pass bridge in accordance with
the engineering plans for the project.
Section 2. The City Commission authorizes the Director of Public Works or
his designee, to give testimony and commit the City as to the construction plans
for this project.
Section 3. The City Commission commits itself to the particular use and
extent of the property to be taken as reflected in the construction plans, and
the City Commission recognizes that, in the case of easement acquisition, the
owner reserves and retains all rights in the easement property not inconsistent
with the City's use thereof.
Section 4. The City Commission finds it necessary to acquire the specified
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interest in the following described property in order to construct said project
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in accordance with said plans:
SEE EXHIBITS A, B, C, AND D.
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Section 5. The City Attorney is hereby expressly authorized to file a
petition in eminent domain against the properties identified in this resolution.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED AS AMENDED this 14th of September, 1993.
Attest:
�• y
Cyn iia E. Goudeau, City Clerk
73- -1�4
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State Project No. 15140 -2510
RighL of Way Detail Sheet: 1lo. 7
Current Owners Name: I'ishetn,ern':: llhrrr !
Gulf Boulevard, Pinel.lels ( ;anal y, I lc,r id r
PARCEL 101.7 RTG11T OF WAY
A parcel of land lying wi t.h i n suc t. i c)rl 17, Townshl p 29 South, Range
15 East, Pi.nel.las Country, V 1 m i cla , Mid lie i ng a part of the
following described land:
" Begin at: the Sout•hwest.c:r.lY c-errer of 1,01: 112 of Block A of
Bayside Shores as recorded .in 111ilt hook 50, Page 12 and 13 of
the Public Records of Pino.11as County, Florida, and run thence
along a curve to the r:ighL whose chord bears S. 73° 34' 57" E.
60.99 ft., arc is 61.03 Lt. and radius is 425.42 ft for a
P.O.B., thence N 0° 07' 15" E 10G.11 ft., thence S. 09" 52'
45" E. 220.0 ft., thence s. ()° 07' 15" 1d, 20G.45 ft., thence
along a curve to the r1_ght whoso chord bears N. 69° 49' 30" W.
31.41 ft., arc is 31.46 ft. and radius is 160.70 ft., thence
N. G4* 13' 091, W. 171.85 f t. , I.hence along a curve to the left
whose chord bears N. GG° 42' 42" 1q. 30.49 ft., arc is 38.51
ft, and radius is 425.42 ft :. to
That part of Lot 2 in lllcrc)c n of 1laysi.de Shores as recorded
Plat- Book 50, Pages 12 and 13 of the Public Records of
Pinellas County, Florida, described as follows: Begin at the
center of the intersection of Clearwater. Pass Avenue and South
Gulfview Boulevard in said 1laysl.de Shores an(] run thence S.
89° 52' 45" E., along rho center: -line of South Gulfview
Boulevard, 35.0 feet; thence S 0° 07' 15" W., along the
Easterly line of Clearwater Pass Avenue and its Northerly
extension 2.55.0 feet- Lo Lhe 1'.0.11. ; }:hence continue S 0° 07'
15" W. 46.39 feet; thc;nce trl;.,!jq a curve to the right whose
chord nears 5 6 °14' 51" 'v;. 1.61 feet, arc is 73.70 feet and
radius is 345.0 fo:t; i.l:,.:I,c:z 77" 37' 32" E. 10.0 feet;
thence S 12 °22' 2q" W. 21}6.51 Lec!t:; thence along a cui:ve to
the left whose chord Lear s S '11' 36' 55" L. 47.00 feet; arc is
47.10 feet and radius is 210.0 feet:; thence arlong a ctrt-ve to
the left: whose chord hoarn 11 110' 27' 5" 17. 259.55 feet, arc
is 365.35 feet and rrrrl i „s Is, }(;5 . U Feet.; L.honco along a curve
to the right whose (;hare} hums 11 51' 12' 36" 1;. 36.36 feet;
arc is 36.37 feet anrd radlu:; i:, 420.0 fee L; Lhenc:e 11 0° 07'
15" E. 63.67 feeL• ,� t.henco along rr c:urv(. Lo t lre right hose
chord bears N 69° 49132" W ;11.41 Iont., al•c is 31.47 feoL and
radius is 160.70 rout.; t hr:n r: li 64" 131 09" 1-1. 171.85 feet;
thence along a ctrrvo Lt) I)),! } u I l 66* 50'
11" W. 30.67 feel, arc: dr1 .111.71 1' -001. ani taclit -rs Jr, 425,42
feet; Lhence N 0" 07' 15" Ii. 1116.10 frcel.; Iholm': 11 09° 52' 45"
11, 50.0 feet to Lhe 1'.0.11,
EXHIBIT A
4 A d 1
State Project 140. 15140 - 25.111
Right of Way Detail Sheet No. 7
Current Owners Name: ]r'islrerroan's I�Ihflrt
Gulf Boulevard, Pinellas Cmllll :y, l`) 0" i dil
PARCEL 101,.1 R1GllT OF WAY
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Begin at i:he S0ui.hweste17ly c:or lWT-- of 111ock A of Bayside
Shores, as recorded in P]at. Boo): 58, Pages 12 and 13 of the
Public Records of Pinellas County, I•'lor.ida, and run thence
South 12° 22' 38" West, ii1ong ,the Southerly extension of the .
Easterly line of said Block A, 2311.18 feet; thence along the
Iligh Water Mark in Clea.37VIa er Pass and a curve to the Left
whose chord bears South 71° 36' 155" Cast, 47.08 feet, arc is
47.18 feet and a radius is 210.00 feet; thence along the said
Nigh Water Mark and a curve Lt, the left whose chord bears
South 83° 27' 09" Gast, G8.70 feet, arc i.s 68.80 feet and
radius is 365.00 feet; thence. North 0" 07' 1.5" Last, 237.26
feet; thence along a seawall I..i rie arid a curve to the left
whose chord bears North 73° 34' 57" West, 60.99 feet:, arc is
61.03 feet and radius is 425.42 feet to the P.O.B.
Begin at the SouthwesLurly corner. of Block A of Bayside
Shores, as recorded in Plat: Book 50, Pages 1.2 arid 13 of the f
Public Rucords of Pi rlc;l l is C- 1111.1', Florida, and run thence
along the seawall line ilnd cl c :urvO to the right- whose chord
hears Smith 73° 34' 57" Lasl: 60.99 fecal, arc is 61.03 feet and
radius is 425.42 feet far: I1.0.11,; t.honce South 0° 07' 15" West -
237.26 feet; thence along the Ilis3h Water Mark in Clearwater
Pass and a curve to the Left whose chord bears North 75° 23'
28" east 198.26 feet, arc, Is 200,75 feet and .radius id 365.0
feet-; thence along said Iligil i4ater Mark and a curve to the j
right: whose chord bears 1Jar :th 51° 12' 36" East 36.36 feet, arc l
is 36.37 toot and radius is 420.0 feet; thence North 0° 07'
15" Gast- 63.67 feet; L1lcl1CN. alc:nc3 Lhe seawall. line arid a curve
to the right whose chord huilr.:; 1401--t :h 69° 49' 32" Nest 31.41
feet, arc is 31.47 LecL ilia! rtldiu:; is 160.70 fleet; L-hence i
North 64° 13' 09" West'., o.lOWJ Ills: :;cawall l.inr_, 171.85 feet;
thence along the seziwa] l 1.1 nu isncl it curve Lc: lihc: left whose
chord burs North 6G° 42' West 311.49 Lc;ct., ilrc: is 38.51 feet
arid radius of 435.42 fttut Lo LhO P.O.B."
Said parcel b0 i ng dUscr: i hl:!cl
Colninence at. Lhe: SouLIMC-;1_ c :c,rnl :r c>f 5ta. :Lic�sr 17, '.cart! :Alit, 29 SouLh,
Mange 18 l:�sst, 1'i rlul.l.il r Ccuurl y, 1'i uri da; 1-hence Nol-01 09'10131"
East, (1lcaeindt; h,ysod curl (r. it. 13,12, Pogo. 2 "/8, Puht it: Itrc :orc) :r of
Pinellas County, I�luri(la), illcsnsl t )Io !;ouLlurl-ly 1)011 dill of said
Section 17, it ciist.rrnc:e of 1193.97 ii °cat tl, is i>lr)Ilt all t -Ito: htlse,1111e of
2
StaLe Pr:ojecL Nu. 15140- -2518
Right: of Flay Do Lail ShorL blc:. .)
Current Owners; Name: 1'ishc tnruc':; F7ht)r
Gulf Boulevard, Pinellas C:cn:nly, 1'lol,idF)
PARCEL 101 • l RIGHT OF WILY
survey of Cul f Iloulovai-d, a:j n()w c: L;)blishecl; ( the next five
courses are along the basel.i.nu: of survey of said Gulf Boulevard),
thence North 42 °13131" East, it d]stance. of 1983.25 feet; to the
beginning of a curvL,, cor)cave Nor -thwusl.erly, having a radius of
1909.86 feet: and a central angle of 29 °16'55 ", thence Northeasterly
along the arc of said curve Lo Lhe left, a distance of 976.06 feet,
a chord which bears North 27 °35103" East, a distance of 965.48 feet
to the curve's end; thence North 3.2 "56'3611 East, a distance of
1967.96 feet; to the beginning of a curve, concave Westerly, having
a radius of 310.00 feet and a cenLr,�l angle of 12 °1.5113 ", thence
Northerly along the arc of sal..d curve to the left, a- distance of
66.30 feet, a chord which bears North 06 °49100" East, a distance of
66.17 feet to the curve's end; thence North 00 °41'23" East, a
distance of 46.24 feet; thence South 89 °18137" East, a distance of
35.11 feet to a point on the East-erly right of way line of said
Gulf Boulevard, said point ']so being on the Southerly right of way
line of South Shore Boulevard and Lhe POINT OF BEGINNING; thence
South 89 °18137" East, along Lhe Southerly right- of way line of said
South Shore Boulevard, a distance of 33.22 feet; to a point of
intersection with a non- t-angenl; curve, concave Westerly, having a
radius of 989.93 feet and a central angle of 17 °10'O6 ", thence
Southerly along the arc of said curve to the right-, a distance of
296.64 feet-, a chord which beeu:s South 04 °21'32" West, a distance
of 295.53 feet to the curve's rand; thence South 12 °56136" West:, a
distance of 124.64 feet; to ji point. c>ll (:)te honndal-y cif a B11 khead
Line as recorded in Plat hook 2, Page 32, Public Records of
Pinellas County, Florida said point also being a point- of
intersection with a non- tangent cuz:ve, concave Northerly, having a
radius of 365.00' feet. and a central angle of 00 °20146 ", (the next
two courses are along the said nuljdmad line), thence Westerly
along the arc of said curve to the r lght:, a distance of 2.20 feet,
a chord which bears North 78 °18133" West., a distance of 2.20 feet;
to a point of intersection with a non - tangent: cnrve, concave
Northerly, hay.ir:g a radius of 210.00 feet; and a central arigle of
12 °51158 ", thence Westerly along the r)rc of said curve to Lhe
right, a dist.anue of 47.16 fuot., a chord which hears Nnr:Llt
71 °02157" Wes L, a dissLanro of 47. or feet to t.hc; point of
intersection with a ncrn- taugc:nt. line, .;I33d pollL hc:i rig oil the
Easterly right. or way I i11e or .;,r)c1 (lul t itnulevard; (lilt_ 11(2x1. four
courses are ;rlcrn(*I 011. Hat;l urly 1•1(11:t. oI wily 1 ins of :;aid Gul f
Iloule:vard),t.hu:)c: a Not (.It 12":)1:1:16" I:rl :.l , ,t dlfjt- .M):t: 01 2.3(1.1'1 tUaL;
thence Norl -h 1J "1011)411 Na.-il., 1) cli:+I,cnut: ()1 411,21 1vol; thc:11cu Iloyrt):
77'261201, WoU( , ti diliLc mn., c)f t(i.UI feet.; to 0 )xri11 t•. of
State Project No. 151,10 -2518
Right of Way Detail Sheet Nu. 7 :
Current Owners Name: Fisherm,ni's Wha)'i
Gulf Boulevard, hinellas Count.),, 1.1orida
PATICEI, 101.1 RIGI1'1` OF WAY
intersection with a non- LangenL curve, concave Westerly, having a
radius of 315.00 feet and a cont.i-al angle of 12 °15137 ", thence
Northerly along the arc, of said enl.ve Lo the left, a distance of
73.82 feeL, a chord which Ueares North 06 °40' 31" East-, a distance of
73.60 feet to the point of intersection with a •non - tangent line;
thence North 00 °30'57" Last, a distance of 46.43 feet, to the POINT
OF BEGINNING;
Containing 18109 square feet., moos (-)a- less.
I hereby certify that this legal description is in compliance with
the Minimum Technical Standa3:ds as set f.ortil by the Florida Board
of Professional Land Surveyors, 1nirsuant- to Section 472.027,
Florida Statutes.
��G��zabal i
r:fcj�•^ g, *.4tered Land Surveyed. No. 3940
i�igdr' efi4pb and Associates
3`+ijt stf' sr'aDls Avenne
Flarida 33607
tv"Is „,` l 9 9 3
4
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3 yt,
State Project No. 15140 -25111
Right of Way DaLa,il Sheet No. 7
Current Ownern 11anree : 1'i shermeiri' n Whil r t
Gulf Boulevard, Pincrl.l.aS Ccaunt.y, FJcrr'idel
PARCEL 701.1 TEE- 111011ARY CONSTROUPTON EASEMENT
A parcel of land lying within SCCLICm 17, Township 29 South, Range
15 East, Pinellas County, 1.,.l j (I it , im(I I)ei.ng it part of the
following described land:
Begin at the SouLhwest.or]y ror :ner of l.ot. (1 ?. of Block A of
Bayside Shores as recorded in 1' :1aL !:look 50, Page 12 and 13 of
the Public Records of Pinellas Country, Florida, and rim thence
along a curve to the right whose chord bears S. 73° 34' 57" E.
60.99 ft., arc is 61.03 ft. and 1:ad1LIS is 425.42 ft for a
P.O.B., thence 14 0° 07' 1.5" o 1436.11 ft., thence s> 89° 52'
45" E. 220.0 ft-., thence S. 0° 07' 15" W. 206.45 ft., thence
along a curve to the rig11L whose chord bears N. 69" 49' 30" W.
31.41 ft., arc is 31.46 ft. and radius is 160.70 ft., thence
N. 64° 13' 09" W. 171.85 ft., i_hence along a curve to the left
whose chord bears N. 66° 42' 42" W. 38.49 ft., arc is 38.51
ft, arid radius is 425.42 ft. Lo P.O.B.
That hart of hot 2 in Block A of Bayside Shores as recorded
Plat Book 58, Pages 12 and 13 of the Public Records of
Pinellas County, Florida, described as follows: Begin at the
center of the intersection of Clearwater Pass Avenue and South
Gulfview Boulevard i.ri said Bayside Shores and run thence S.
09° 52' 45" E., along Lhe center -line of South Gulfview
Boulevard, 35.0 feet; thence S 0° 07' 15" W., along the
Easterly line of Clearwater Peuss Avenue and its Northerly
extension 255.0 feet to the 11.0.13.; thence continue S 0° 07'
15" W. 46.39 feet; thence along a curve to the right whose
chord bears S 6 °14' 51" W. 73.61. feet, arc is 73.76 feet and
radius is 345.0 feet; thence S. 77° 37' 32" E. 10.0 feet;
thence S 12 °22' 20" W. 2136.51 fent; thence along a curve to
the left whose chord bears S 7J" 36' 55" E. 47.011 foe_L; arc is
47.16 feet and radius is 210.0 feat; thence along a curve to
thc: left whose chord I)etrr-s 11 80° 27' 55" E. 259.55 feeL, arc
is 365.35 feet and radius i.s 365.0 Feet.; thence_ along a c; rrve
to the right: whose: chord Imars N 5.1' 12' 36" 11. 36.36 feet;
arc is 36.37 fuoL and reid i eta ]J3, 420.0 fc20t:; t,holice W 0* 07'
15" E. 63.67 feeL; Lhc:ri(,ll Ll.lolig it carve to the right hose
chord bears 14 69° 49,32" W 31.41 te-A, arc is _11.47 feeL and
radius is 160.70 teet:; Lh< nc:I 11 64' 1.3' 09" W. )71.85 feet;
thence along a curve to Lho .left whose chord bears N 66° 50'
11" W. 311.67 fcuL, arc is 30.71 f.uut and rad4iis is 425.42
feet; Lhonce 14 0° 07' 15" X. !11(1.10 feet; t•henco it 99" 52' 45"
;V. 50.() 1:uet. to Lhe I1.0.13.
EXHIBIT 13 l
SLaLe Project- No. 15140 -25111
Right of Way Uct.ail Sheol. tic). 7
Current Owiwi-s Narrw: Fishc:rmnn'a Wlsos f
Gulf 13oulevai-Cl, P1n011aS C:csunLy, I'lordrs
PARCEL 701. 1 '1'1shlPOltl\RY CONSTSUC TION EASEMENT
Begin aL the ,Soot .,hwosL(!i -1y currier- of 111ock A of Bayside
Shores, as recorded In IlIaL Book 'if], I'agr.s 12 and 13 of the
Public Records of Pincs.11as CouilLy, I1ori.da, and run thence
South 12' 22' 381, west, jslotig t.tse Southerly ext:ensi.on of the
Easterly line of said Block h, 2311.10 feet; thence along the
High Water. Mark i.n Clearwat.et: Pass and a curve to the Left
whose chord bears South 71° 3G' 55" East, 47.00 feet, arc is
47.10 feet and a radius is 210.00 feet; thence along the said
High Water Mark and a curve Lo the left whose chord bears
South 03° 27' 09" East, 60.70 f.ei:L, arc Is 60.00 feet and
radius is 365.00 feet; t.lsciice- Nor.Lh 0" 07' 15" East, 237.26
feet; thence along a seawall. line and a curve to the left
whose chord bears North 73° 34' 57" West, 60.99 feet, arc is
61.03 feet: and radius is 425.42 feet to the 11.0.13.
Begin at the Sol] Ulwester..ly corner of Block A of I3ayside
Shores, as recorded i.rs Plat. Book 58, Pages 12 and 13 of the
Public Records of Pinellas County, Florida, and run thence
along the seawall line and it curve to the right whose chord
bears South 73° 34' 57" East; 60.99 feet, arc is G1.03 feet- and
radius is 425.42 feet. for P.O.D.; t.hence South 0° 07' 1.5" Plest
237.2G ieet; thence along tho High Water Mark in Cleat-water
Pass and a curve to the Left whose chord bears North 75° 23'
20" east 198.26 feet, arc is 200.75 feet and radius id 365.0
feet; thence along said high Water Mark and a curve to the
right whose chord bears North 51° 12' 313" East 36.36 feet-, arc
is 36.37 feet and radius is 420.0 feet; thence North 0° 07'
15" East 63.67 feet; thence along Use seawall line and a curve
to the right whose chord bears Not :th 69° 49' 32" West 31.41 .
feet, arc is 31.47 feet. and radius is 160.78 feet; thence
North 64° 13' 09" West, along Lhe seawall line, 171.05 feet;
thence: along Use seiswal l l i ssc: and rs curve t.o Lhe left whose
chord bears North 66° 42' west: :111.49 feet, rsr.c .is 30.51 feet
and radius of 435.42 feat. to iht: P.O.B. "
Said parcel be i ny detic r i heed is,; 1 t, l i ows :
Commence at. t.hs: Smut ImusL cm mw al' :;r t:t ion 17, Township 29 Smith,
Range 111 host., P.i nut l,r:i Comity, V I m i do; t hence NOrt.h 89"10,3j "
EasL, (Bearings basud tart 0.11. 13,12, Pogo 278, Pnb] is Records of
Pi nellits C oil r It. y, F 1 on II'l ) , is i crisg t.ht! ticn)Uml. I botinri,lry of sa i d
Section 17, it disLaluo cif 1143.47 Ic_ut (r) 41 point. oft tha ba,elitle, of
State Project. No. 15140 -2518 ?
Flight of Way DL-Lail .ShuaL [it). 7
CurrenL Owners Naive: Fi.;hei-man':; What I
Gulf Boulevard, Pi.ne.11as county, k'lcirida �
PARCEL 701.3 11:l•111011ARY CONSTRUCTION EASEMENT
t
survey of Gulf Boulevard, as now esLablislied; (the next- five
courses are along the baseline of survey of said Gulf Boulevard),
thence North 42 ° 13' 31 " Eas L, a d i stance of 1983.25 feet-; to the
beginning of a curve, concave: Nor.Lhwesterly, having a radius of
1909.86 feet and a central. angle of 29 °16155 ", thence Northeasterly
along the arc of said curve to t_hca left:, a distance of 976.06 feet,
a chord which bears North 27 "35'03" East, a distance of 965.48 feet
to the curve's end; thence North 12 "56'36" East-, a distance of
19G7.96 feet; to the beginning of a mirvu, concave Westerly, having
a radius of 310.00 feet- arid a cenLrcil angle of 12 "15'13 ", thence
Northerly along the arc of said curve to the left, a distance of
66.30 feet, a chord which bears North 06"49'00" East, a distance of
66.17 feet to the curve's end; thence North 00 °41123" East, a
distance of 46.24 feet; thence South 09 "1.8137" East, a distance of
35.11 feet to a point- on the Easterly right of way line of said
Gulf Boulevard, said point also being on the Southerly right of way
line of South Shore Boulevard; thence continue South 89 °18'37"
East, along the Southerly right of way line of said South Shore
Boulevard, a distance of 33.22 feet to the l'OINI' OF BEGINNING;
thence South 89 °18'37" East-,along the Southerly right of way.line
of said South Shore Boulevard, a di.sLancd of 20.07 feet; to a point
of intersection with a non - tangent curve, concave Westerly, having
a radius of 1009.93 feet and a central angle of 17 °04'17 ", thence
Southerly along the arc of said curve t;o the right, a distance of
300.91 feet, a chord which bears South 04 °24'27" West, a distance
of 299.80 feet to the curve's end; thence South 12 °5613G" West, a
distance of 123.59 feet; to a point on Lhe boundary of a Bulkhead
Line as recorded in Plat Book 2, Page 32, Public Records of
Pinellas County, Florida , said point being an intersection with a
non - tangent curve, concave NorL)1e1 1y, having a radius of 365.00
feet and a central angle of 03 "08139 ", thence Westerly along the
arc of said curve to the right: and along said Bulkhead line, a
distance of 20.03 feet, a chord which bears North 80 "03'15" West,
a distance of 20.03 feet Lo the point: cif intersection with a non -
tangent line; Lhence Noi:Lh 12 "5G'36" 1asL,a distance of 124.64
feet; to the beginning of: a c,Isrve, concave Westerly, having a
radius of 989.93 feet and a central. angle of 17 °10108 ", Lhenee
Northerly along the arc of said curve t.o the left, a distance of
296.64 feet, a chord which bears florl.h 04 °21137" La:;t_, a distance
of 295.53 feeL Lu Lhe ctu'vc:'S unct, and 1.)m POINT OF' 13I;GINNING;
Containing 8460 square Jout. cif I;snd, mmt: or lass.
3
State Project No. 15140 -25111
Right of Way 1)etal.l Sheet. 140. 7
Current Owners Name: Fisher mim' B Vilw i l
a =r
Gulf Doulevard, Pinellas County, Flcwiclri
PARCEL 701.1 THI- 111O12A11Y CONSTRUCT1ON EASEMENT
I hereby cerLi.iy that t.hi s l egrn ] Ion is i.n CoMpliance with
the 1,11ri .mum Technical Stanclards its :.et: forth by Lhe 171o.r-ida Board
Of Professional Lind Surveyors, pm-suunt to Snct.ion 472.027,
Florida StaLuL•es.
11eurY' "Grhezabal-,'"
' Qr'f1a1,'l; g� stered Land Surveyor. tic)
KiFj,pcjer.' amf)o and AssociaLes
: h{cirt�r•;�oi.s Avenue
r•Sirite •410- F
i'.T rip 15.r:'Jf993 id� 33607
�a•r ;uazy
3940
4
i
SLat-o lluojecl: Nu. 151,10 -2510
Might of Way DUI'aJl shout.. No. '1
Current Owners Name: Jame(; 1131.andi-id(Itt
Gulf Boulevard, Pinellas C:cn!nl y, NI( )t ich,
i
PARCL•'I, 102 .1 RIGHT OV WAX i
A parcel of land lying within 8ui:Li,:n 17, Towrtshil: 29 South, Range
15 East, PJ110.11as CouuLy, Fhwicl,t, '111(1 t!e.incl it part of Lite }
following described 1 and : }
That', part: of l,ot_ 2, Mock "A" l4ny!',fd0 FS1101:e:;, as recorded in lI
Plat Book 58, Pacles 12 and 1 I of the L'uh.l is Records of
Pinellas County, Florida, ciunw r i hod as follows: Begin at the
center of thL. 111te, :uect.fol1 c,l. C :lool-wilLor Pass Avenue and South
Gulfview Boulevard, In saki Bayside Shores at -4- run thence
South 89 (leg. 52' 45" East- aloncj t'he center Dne of South
Gulfview Blvd. 35.0 f'eeL; T111-:11M." Sont-li 0 deg. 07' 15" WesL,
along the Easterly line of cic.iwwal_or Pass Ave. 195.0 feet for
a Point- of Beginning. 121111 THENCE* South (19 deg. 52' 45" East -
160.0 feet; '1'IIENCE Nor :Lh 0 (leg. 07' 15" East. J.67.62 feet-;
THENCE along the SotiLher.ly line of South Gulf-view Blvd., along
a curve to Lite right , whose cho i-d Bears Sou Lli 80 (leg. 08, 121, t
West 75.66 feet, arc is 75.611 fool: and radius is 1092.69 -f-et
and North 89 deg. 52 ' 45" We:;t- 74.30 feet-; THENCE alo'O a
curve to the left- whose uljocd beats South 45 deg. 07' 15" West j
20.28 feet, arc is 31.42 and radius is 20.0 feet:; 'THENCE South
0 deg. 07' 15" West along Hio East.cr.ly line of Clearwater Pass
Ave.,- 145.0 feet to the vni nL of 11ecJ11ut3 ng. "
Said parcel being described a:; f o 1 1 ows :
Commence at the Southwest corner of. SucL.ion 17, Township 29 South,
Range 111 East, Pinellas Count:y, Florida; thence North 89 °10'31"
East, (Hearing based on 0.1t. 1312, Payu 270, Public Records of
Pinellas County, rloricla), along Hie Soli her.ly boundary of said
Section 17, a distance of 043.47 fecal. to it point on the baseline of
survey of Gulf Boulevard, as now csi.ablished; (the next- five
courses are along the baseline of strt:voy of said Gulf: Boulevard),
thence North 42 °13131" Last, a d1: ;Lance of 19133.25 feet; to the
beginning of a curve, concave Novi.hweuter..ly, having a radius of
1909.136 feet and a central angle of 29'16'55", thence Northeasterly
along the arc of said curve to t:ho Juf:t., it tHsLance of 976.06 feet:,
a chord which belles Nouth 27* 3`i'(11" 115.51., 11 cl3 ,t :ttnco of 965.48 feet
to-the curve's end; Lharwfa :i(,; I 1 i2— ic?'36" Isanl" a distance of
1967.96 feet; Lo the 1• ; :c3t;:nitn; I t c nc ,(:, colwilve wosl.or.1y, having
a radius of 310 , 00 fu--I: and it c:(:hl r -t l ,1n(l) r. c11: 1 2 ° 1 `3' 13 ", thence
Northerly along Lite arc of natd (:tttvc: t.(! t.h(a left., it di.rLatirc of
66.30 feel:, a chord which hoat!; Ilcwt.h 06 "47'00" East., a c11.o1.,lnrc of
66.17 feet to l;hu curvo'u ond, t h( :ne :c! N(!rLh 0(1" l 1 ''l.7" 115111, a
1.
EXHIBIT C
6- � A -.
StaLe L'roj(--cL No. 151.40 - 25113
RighL of Way Uuta i i Shoot lit). I
Curr;urtL Owners Name; dnntus ;iL,mdri(lclr:
Gulf Boulevard, Pinul las County, r lu: irla
PAHCLL, 102. 1 RIGHT OP WAY
distance of 106.24 Lcel :; Lhan(:u Smil.h 119 "111'37" EIISL•, a distance of
35.07 feet, to a poi tit (in t he 1 ?a:;t.r:rl y ri ght of way 1 ine of said
Gulf Boulevard arr(t Lire NorLhorly right. of* way line of Soutil Shore
Boulevard and Lhe Portm, OF I11:Y;INIIINr ; Lhonce Norl.h 00'36157" East,
along the EasLurly right of way lint: up said Gulf Boulevard, a
distance of 114.95 fuel; to it point, of int.ersection with a non -
tangent curve, colicave EasLerly, having it radius of 20.00 feet and
a central angle: of 3G'43'40 ", Lhunc:u Nucther.ly along the arc of
said curve to the right, it clist�ruuu ()f-' 12.132 Icel:, it chord which
bears North 10'39'56" Last:, it dist -anco (x[ 12.60 [ecL•; to a point of
intersection witlr a non- Lanc3ant c:ur yr (:oncave Easterly, having a
radius of 1006.74 f(-,(-!L and a cunt. ra l angle of 04 ' 05' 06 ", thence
Southerly along the arc of saki (;ur:vu Lc, Lhe left, it distance of
71.76 feet, a chard which bears Scrnt:h 06'21'46" East:, a distance of
71.76 feet to the curve's ond; thuncu South 08'241 19 " Last, a
distance of 75.00 feet; to t:ho beq_i.nning of a curve, concave
Westerly, having a radius of 9(19.93 foot and a central angle of
00 °40151311, thence Sorrthur:ly alc:ng Lhe arc of said curve to the
right, a disLancu of 11.80 foot, it chord which bears South
0£3 °03'50" Last, a distance of 11.110 feet to the point of
intersection wit.h a non- t:angunt: 1 irre, said point being on the
Northerly right of way lint. of e;jri(j :,uu6h Shore Boulevard; thence
North 89'18137" west, along t:ltc: lJor•I.hurly right of way line of said
South Shore Boulevard, a d i s tanc o, of 2()-.25 feet-, to the POINT OF
BEGINNING; fir:
Containing 2214 square feet, loom: or
I hereby certify Lhat this 1 uga I (1(::,(:17.1 l)l: 3.cxr: is J11 con:L11 t ante with
the minimum Tuchniral standexrdn ers :;ut, jort.h by the L;lo)-i(la Board
of Professional band Sur.veyort;, lwraunnf. to SeCL1on 472.027,
Pl�1r�d�.,;S to Ltr Lu:r
rrr�Ifl.
1 k Tea Ater:d d S trvuym. rid0 No. 394
K' iT qe i' (Iznl7o and Associ ate:; ;
2J? q :1 Nc?nElt ]iois !1v(suue
t ' L'Q x 10,s j i
Tanpay•V
orlda 3 :1(x(1'1
January 15, 199:1
Slate Project. No. 15140-25111
!tight of Way HuLa i l ShuuL Ho. /
Current. Owners Hama: Ja acls M amlr 1drlr!
Gulf Boulovnrd, 11int:l lrl:; C;t unl y, 1' Iol idil
PARCH. 702.1 '1'EMP(MARY CONSTRUCTION EMEMENT
A parcel of land lying wit-h3" St_uLic,n 17, Tuwlr,leip 29 South, Range
15 least, Pinellas CcaunLy, F lul 3da, and being a Imr.t of the
following described land:
That hart, of Lot. 2, Block "A" n0yulde Shores, as recorded in
Plat Book 58, Pages 12 and 13 of Lim Public Records of
Pinellas County, Florida, Macr•ikal as follows: Begin at the
center of the inter.sucLion of C.lunrwater Lass Avenue and South
Gulfview Boulevard, in said Bayside ;;hones and run thence
South 09 dug. 52' 45" East. along Lie center li.ne of South
Gulfvi.ew Blvd. 35.0 feuL; TIMU(;Is SouLh 0 deg. 07' 15" West,
along the EasLerly ]!no of CloarwaLor: Pass Ave. 195.0 feet for
a Point of Beginning. HUN 11111; RM Sout-h 09 deg. 52' 45" East
160.0 feet; THENCE NorLh 0 dug. 071 15" Ust 167.62 feet;
THENCE along the Sout-herly line of Son Gulf view Blvd., along,
a curve to the right , whosu chuml boars South 00 deg. 00' 12"
West 75.66 feet, arc is 75.633 foot and radius is 1092.69 feet
and North 09 deg. 52 ' 45" West- 74.30 feet; HENCE along a
curve to the left whose chard boars South 45 deg. 07' 15" West
20.20 feet, arc Is 31.42 and radius is 20.0 feet; THENCE South
0' deg. 07' 15" West along Lho Last:erly line of Clearwater Pass
Ave., 145.0 feet Lo Liu POOL of ls+:g An.i ng. "
Said parcel being described as follows:
Commence at Lho SoMhwust corner, of Suct-ion 17, Township 29 South,
Range 10 East, Pinellas C:ounLy, Flurlda; tllence North 09 °1.0'31"
Last, (Hearings based on 0.11. 1342, Nigr-, 276, Pub.l.i.c Records of
Pinellas County, Florida), alrand Lhu SouLhea:].y boundary of said
Section 17, a distance of 114:3.47 luuL Lu a point on Lhe baseline of
survey of Gulf Boulevard, an now ouLabllshed; (the next five
courses are MonU t.ho l nnul 3nu M nur•vuy of said Gull' noulr_vard),
thence North 42 "13131" Mani, ,I dQt.jlnc:u ul` 19113.25 Ict:t:; Lo the
beginning of a cmrvu, conc:nvu M"Ajwu:ct (erly, having it radius of
1909.06 foot and a central angles "1 29 "1055 ", thoncu NorLhuasLor•ly
along thO arc: of :Mid curvu to 1 hu lull., n disLance oC 976.06 feet,
a chord which 1warn Hort.lt 27"35'0 S" EaM, a dinLancu of 965.413 IuuL
to Lhu curve's end; hunou Nol I h 17. "!)6'36" Nast-, a cli: Lancu of
1967.96 No L; Lo Lhu buU1"n1ny of a u"rv", concavo Won Iur Iy, hav1nrl
a a:ad1us of :310.00 IuuL +Ind n uc:u1 rill ongIo o 12 °l;i' 13 ", 1.ht-mco
Nor:LhorIy alone 1, ho arc o :rrlid t -ntvu I Iho lufL, a dIsLancu of
66.30 foot, a chord which Korn Nctt Lh Ub "+113'00" HUSP, it diaLa"Vu of
66.17 foot tea t hu u"rvu' n un+3; I h+.nc•u P1ort.11 00'41 ' 2 i" lie +sL, a
EXHIBIT D
SL'aLu P1.ojucL No. 15140 -25111
11lglIL of Way 1)eLaail :Shout Ili). 7
CurrenL Owner:a flame: Junu::a fit ttntll lcltlt.
Gull: ilou.lavraa•d, Pillul lava (:uunl y, Phil hia
PARCE1, 702.1 TEMPORARY C0fIS'I1flC1(:1I11.0N CASEMENT
disLtan(a(a of 106.24 fit :l ; I hl:ntrl: ;;1,u1 I: Ili)" IN' :17" llrarl., it dlral.ance of
35.0'1 foeL, i.o I po l nl. on Lhu I;,t:; 1.or l y 1• i g11L of way 3 i.ne of said
Gulf llou.levarcl tatxi L h
li(a tlort.ul ly a icihl, of way line of South Shore
Douluvard; Lhurtcu con L.inue ;;r(af)t (19 "1(1'37" East:, along- the
Northerly hotanciary o1.` sit id Saul h 51101 1 IlouIevard, a distance of
26.25 feet, to trite P01Id'1' 01' 141;01 h1W 1 tli;; sill d poi lit- being the point
Of i nLersecL 1.on with a nvn- tangr.nL r.0 t roncrav(. Wos t.crly, having
a rad.his of 9119.93 feet: and FI < :(:nt.i;,I
anti :le of 00 "40'53 ", thence
Northerly along Lhe ill-(-' "I* tiaid caw( Lo
Lha left-, it distance of
11.00 feet, a chord which horn•:; 1Jcrt t.lt' (l El "O3'50" West, it distance of
11.00 feet to Lhe cna:ve': uncl; Lh( :nt:1: Noa_-t h 00 "24' 19" Wes t' a
distance of 75.00 feet; t:c> Lht' hlagir ,Ili r)q of a curve, concave
Easterly, having a r.taditls of 1006.74 ft :cat: art(1 a ccllt.ral angle of
09 °05'06 ", thuncu Nor.Lherly Along the rat :(: of said curve to the
right, a distfance of 71 .711 1(.-(! it ('110 :d which bears North
06 °21146" WeSt:, a disL,arl( :e of 7].'Ili (eel:; Lo fl point: on the
Southerly rigliL (if way 11 nu c >(. Soilth (;ill (view Boulevard and the
intersection w.( t.11 a non- Lanclt :nl. curv(a, concave Southeasterly,
having a radius of 20.00 foot r(ncl rt ut:nLa:rtl any.le of 34 °11'17 ",
thence NorL•hcatast.erly along Lhc: tlrc: of :;;aid curve to tile right and
the Southerly ijyltt of way lino ()1. :irtid Solith Gitlfview Doulevard,
• distance of 11.93 feet, a chtar-11 North 54 °07125" East,
• distance of 1.1.7E 1'uut t_u it poinl. of .inter :suction with a non -
tangent curve, concave Llata tar l y, having ,I vadi us of 990.74 feet and
a central angle of 04 "26'20 "; I.henco Sout :hea:ly along Lhe arc of
said curve t_o Lhe .left:, a tii :;Lrinc :(: caf '17,22 feet, a chord which
bears South 06 "11'09" h'asL, a clitit.aticc: of 77.20 feel: Lo the curve's
end; thence South 00 °24'19" Las!., a clisUince of 75.00 feet; to the
beginning of a csur•ve, concave Wc.st.urly, having a 1 :,3dius of 999.93
feet and a cenl.ral angle; of 011 "46'03 ", Lhullce Southerly a,)ong the
arc of said cua:vu La Lhe right., a diaLancu of 13.39 feet., a choral
which bear8 South 00 °01'10" Etta; t, a c1i :;Lnatc :c Elf. 13-19 feet Lo the
Point of .inLul:tiucl.tun wl.lh a nun- Lmigurlt. line:, :;Elie! Point: also
beincl on Lhu Nurthcarly r1(11t1. caf, way 1 ill of srl.ili SoltLh ;3liore
Boulevard; thuucu tdov h (19 ° 10' 37" Wu:al., alusig Lhe Nna•t.hurl.y right
of way 1111c o(' asald :io11L11 !fllolu 0oulovt11•cl, it (.liailatnct: of 10.11
feet, to Lhu 1101N'1' O1' 111:(JIIINIIJ(;;
Containing 16211 aacpmt-u fecal, moot: tit It :aa.
T licruby crul't -Ily Ihril, 1.11in It :11,11 111::irt!1)l.iun ill In c :uni!)Ilta11cu wll.11
Lhu 14i n1 itlmil 'Pu( :hn i t :,a 1 :;t rtatl)a rtLr a:1 alt :1 I to t I.II ))y 1. ho 1" 1 n1 1 drl ltrra r-d
of Pro fessiona l !sane! "Al rve :yul :i, Jill I t,urutt tot ;inrL lout 4'12.0221,
93 -S�
Stale 1'ro jecL Nu. 15 140-25 111
Itiglit Of Wily I)c Lid 1 ShUUL. 1'10. 7
Curren L• Owners Nam4 : ,James ;; Laird r i t irw
Gulf Bouleval :d, P� nel la:i COui►Ly, FI(Wi(Iol
PARCBT. 702.1 TEMPORARY CON S'7 RUCTION BASEMENT
Florida StaLnLus.
t eni-l; ""k 5 11pzal�al _..
- Florida Rcgi.stei.ed Land Siirvoyor No. '1)40
i ' �-- "C4m'�)o and A: soc i i LUZi
jJorf:lj :I,E)i8 Avenue
S' IGt; ; 41U,';,'r
- i�eJnpd, Fl px j:da 33607
.J�f►1?[j�' 15,,' 1993
3
MEMORANDUM
TO: The Honor ble Mayor and Members of the City Commission
FROM: William C. Baker, Director /Public Works
DATE: July 7, 1993
RE: Clearwater Pass Bridge Project
RIGHT -OF -WAY RESOLUTION
The following information is submitted for your consideration in reviewing and
approving Resolution 93 -43 regarding acquisition of right -of -way by eminent
domain:
I. Purpose of Project
The purpose of this project is to replace the present bridge which connects
Clearwater Beach to Sand Ke This bridge is known as the "Sand Key Bridge" or
"Clearwater Pass Bridge" Bridge). The project would replace the present
drawbridge with a high level, fixed -span bridge. This would remedy problems
caused by the present bridge's poor condition and underwater erosion around the
piles which support the bridge. It would also ease traffic congestion caused by
the frequent opening of the drawbridge for boat traffic through Clearwater Pass
between the Intercoastal Waterway and the Gulf of Mexico.
H. Background
On June 18, 1987, the foundation of the Bridge failed causing the Bridge
to drop several inches. This required temporary closure of the Bridge and
emergency repairs in excess of $1,500,000.00. Subsequently, the Bridge has
required constant monitoring and maintenance and further significant repair
costing in excess of $1,300,000.00 to keep the bridge safe for vehicular and
pedestrian traffic. The speed limit on the Bridge was lowered to 15 mph in an
effort to prevent structural damage due to vibrations from traffic.
On May 17, 1990, following a duly noticed public information workshop held
on January 24, 1990, and after receiving public input, the City Commission
determined that the building of a new Bridge was in the best interest of the
welfare of its citizens. Resolution No. 90 -18.
On April 19, 1993, the City entered into a joint participation agreement
with the Florida Department of Transportation by which the City agreed to provide
the engineering design, obtain all necessary permits, and acquire the necessary
right -of -way and the Florida Department of Transportation agreed to construct the
bridge. Resolution No, 93 -24.
The City's budget currently contains funds allocated for this project.
Mayor and Commission
July 6, 1993
Page Two
III. Information Presented to the Commission
Beginning in 1988 the City has been in consultation with David Volkert &
Associates, Inc,, which was retained by the City to conduct engineering studies
pertaining to constructing a replacement bridge over Clearwater Pass. This study
included the design of the bridge, its placement, and other considerations
related to the bridge's construction.
IV. Additional Factors Considered
A. Alternate Routes
The City's consulting engineer, David Volkert & Associates, Inc., studied
the possibility of alternate routes for the Bridge. Three routes were studied
including (a) a route leaving Sand Key and entering Clearwater Beach north of its
present location, (b) a route leaving Sand Key and making landfall on the
mainland south of the Memorial Causeway Bridge and not connecting with Clearwater j
Beach, and (c) a route following generally the present Bridge corridor. Neither
alternate (a) nor (b) are considered to be improvements over the present corridor
and are more costly without attendant benefits.
Alternate (c), following the present corridor, is considered the best
alternative. There were also three variations of alternate (c) which were
considered. Alternate (c -1) would build the new bridge adjacent to the existing
bridge on the westerly side, (c -2) would tear down the existing bridge and then
construct the new bridge in its place, and (c -3) would build the new bridge
adjacent to the existing bridge on the easterly side.
Alternate (c -1) is not considered feasible because it would require use of
park land (Sand Key Park) for part of its right -of -way. Alternate (c -2) is not
considered feasible because it would require closure of the bridge corridor for
at least twelve months requiring traffic to take a twelve mile detour to get from
Sand Key to Clearwater Beach and building a temporary replacement bridge to carry
traffic and public utilities across Clearwater Pass would be prohibitively
expensive. Alternative (c -3) allows the construction of a replacement span
without requiring park lands for right -of -way and with minimal interruption of
traffic flow between Clearwater Beach and Sand Key and with minimal resulting
socio- economic damage.
B. Costs
Estimates for the cost of constructing the new bridge have been presented
by David Volkert & Associates, Inc. Pursuant to the joint project agreement the
costs of construction will be paid by the Florida department of Transportation.
Right -of -way acquisition casts, project design and surveys will be paid by the
City. Real estate appraisals for the property to be acquired for right -of -way
purposed have been submitted to the City by The Centerline Group, Inc. Costs
savings are accomplished by the use of existing rights -of -way, when feasible, and
by planning the corridor to require as little additional right -of -way as is practicable.
f
Mayor and Commission
July 6, 1993
Page Three
Environmental Factors
Because we are primarily using the existing bridge corridor the
environmental impact would be minimal. No impacts to vegetated wetland habitats
are proposed in association with the construction of the new bridge. Impacts to
unvegetated wetland habitats associated with the structure are minimal. Impacts
to wetland communities associated with channel relocation will potentially
involve less than 0.2 acres of seagrass.
D. Long Range Area Planning
This project is considered to be consistent with regional and local
transportation plans and to be in compliance with the state's coastal
infrastructure policy. This project is included in the Florida Department of
Transportation's Five Year Work Plan. In addition, the increased capacity of the
new bridge will relieve bottlenecks caused by the widening of Gulf Boulevard and
its increased traffic load capacity.
Safety Considerations
The safety of the existing bridge structure is in constant jeopardy due to
the potential damage which would be created by a heavy storm as well as the
threat posed by shifting material on the Pass bottom.
Replacing the existing bridge with a high -level fixed span will reduce the
number of rear end collisions on the bridge caused by bridge openings, and reduce
the delays experienced by law enforcement, fire and emergency vehicles using this
corridor. The new bridge will also improve safety for bicyclists by providing
an improved path for bicyclists. A high -level fixed span bridge will provide an
alternate route during hurricane evacuations. Current procedure requires the
bridge to be locked in the up position from the time the evacuation order is
issued until the onset of gale force winds to provide uninterrupted boat passage.
VI. Recommendation
In consideration of the above- mentioned factors, the Public works
Department recommends that the City Commission pass attached Resolution 93 -43
authorizing acquisition of right -of -way for the replacement of Clearwater Pass
Bridge by eminent domain.
-A(r
C z 11 Y 0 r C i, E 11 It W .A T E It
[ POST OFFICE BOX 4749
CLEARWATER, FLORIDA 346 18-4746
J '
Public Works Department
(813) 462 -6638
July 27, 1993
Mr. James E. Standridge
S & L Restaurantbetriebs GmbH
Maximillianstrabe 23
8580 Bayreuth"
United Germany 90411
RE: Amended purchase contract
Dear Mr. Standridge:
Enclosed is a letter to your attention from Tim Johnson, and three
copies of the proposed purchase contract, with attachments, between
you and the City of Clearwater on your Clearwater Beach property.
Your signature is required on the contract, the addendum, and the
Escrow Agreement as highlighted on one of the three copies. Please
return two signed copies to me by August 10, 1993.
If there are any questions at all, please give me a call at (813)
462 - 6638.
Sincerely,
Earl Barrett
Real Estate Services Manager
EWBjslf
Enclosures
cc: Michael J. Wright, City Manager
William C. Baker, Director of Public Works
Timothy Johnson, Attorney at Law, Clearwater, Florida
to
••> hl/�1 1"010yii 0"I ilia Atf Ifl" IF- fis141 sVVt t�`��
E. D. ARMSTRONG III
BARBARA A. BACCARI
BRUCE W. BARNES
JOHN T. BLAKELY
BRUCE H. SOKOR
GUY M.BURNS
MICHAEL T. CRONIN
ELIZABETH J. DANIELS
USA B. DODGE
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P. A.
ATTORNEYS AND COUNSELLORS AT LAW
BRIAN B. EVANS
MARION HALE
REBECCA HENSON HUDOBA
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON. JR.
SHARON E. KRICK
JOHN R. LAWSON
JAMES G. LEWIS
MICHAEL G. LITTLE
MARIA MAISTRELLIS
MICHAEL C. MARKHAM
DAVID J. 0T1'INGER
F. WALLACF POPE. JR.
DARRYL R. RICHARDS
DENNIS G. RVPPEL'
CHARLES A. SAMARKOS
JOHN A. SCHAEFER
July 26, 1993
Mr. James Standridge
S & L Restaurantbetriebs GmbFI
Maximillianstrabe 23, 8580 Bayreuth
United Germany
Dear Jim:
BETHANN SCHARRER
PHII.IP M. SHASTEEN
CIIARI.ES M, TATELBAUM
GLEE A. TRIPLE TT
JOAN M. VFCCIIIOLI
MICIIAEL T. WILLIAMS
ANTHONY P. ZINGE
. a' courac,
PLEASE REPLY TO CLEARWATER
FILE NO.
19443.7090
I have reviewed the revised contracts which are enclosed with
this package by the City of Clearwater and they meet with my
approval.
If you have any questions, please call.
TAJ:mme
enclosure
911 /TAJ /19433MEL1
'090 d-1.
tMARWAlt" OtstGt
9ts04E5mvt STREET
POST` oFtItE WX 1368
CLEAgwAlett. PtCii3 & 846fl -060
lnrof"JIS CAM "At th"i
f titeivtn idi Xv A4 AGt t
Very truly yours,
TYfnothy A. Johnson, Jr.
IALOPA rIttat
Irprtuititlt I41APA Allift'I
M111C IM0
f t'1 t P7Yl�tt' rtil TM � m Oi; �`I
TTt trTsrttt mitt+ � +t tt s�
0
CU"ITn qT Toll AND FlUnCiiASE
PARTIES: — .Tames r.and,i dv„ c i„ mall ._�_.._.._._.--- __- _•..- .��.__ —..__. _ 1 £.rt!n•
of 116 Harborage Court Cle;irwater. Florjc!1_34630 (Phao0__ 595- 7213__W
and L'it3r of (`.1ParcratPt, a Florida ] sittni�ll,< 11 .,_.t:OrpII.)r.1L]:t,l]......_. ('Ovyr,
of P. n- R(LY 4748 rTnaLlSRtI— T1 .a.ricia_._3�t61R:�t.L. k_a u'taaahr'9 -6618 ,
hereby agree that the Seger shall sell and Buyer shall buy ilia (albwlrp real p(npor ly ( Real PmpetiX ) aral pnmmial property ('Parsono') (colleclivnly "PtpZq�") upon Ilia faller,
terms and conditions. which INCLUDE the Stanrlards for near Estate Transacilens ( SlirxlpMjn) 1 printed an Ihn reverse or nllechedaW tiny Riders pnd_AAddonda to this In ,hum,
). DESCRIPTION:
(o) Legal g,eetp aragrarPr�arisiloo d I3TSE 1' uz Se.g. -r -- i'ripC,otl ;rnunty,rlrnkin
(b) Street address, city, zip, of the Properly 15: L/ _ �— F �aw „� y ~ �___ 4•_g
(c) Peisonally:.NQnP-
AN AnnENnIlM ANn F'SrRQW_AGREEMENT. CFXurlIT �! r�_ nPC_ 1�lTACHLll�iLRLTA— QNA__'___�___.
BY THIS REFERENCE MADE A PART HEREOF.
It. PUnCHASEPniCE ......... ............................... ..�....,._. ^. .............___.._ i...................... ..................1............ .$ 7.00:000.00
PAYMENT: _-..— _. -- _._.-
Stewart Title Insurance Co. 70,000.00
(a) Deposit(s) lobe held in escrow by - —in Ihn nn,ounl of .. 1''
ib) Additional escrow deposit within NSA days after E(ferlive Drill, in Ilia aninunl of .................... ............................... E NSA
(c) Subject to AND assumption of mortgage in good standing ht Invor of N/A
having nn approximato Present principal balance of .. S NIA
(d) Purchase money mortgago and role bearing annunl inleresl at N/A 7 (sro Addendum) in amoUnl o( ... ............................... S N/A
(e) other: NIA_�
(1) Balance to close (U.S, cash, LOCALLY OnAWN car Wind or cashler's check), nubjecl to ndtuslmen(s mxl prornlbps ........................... $ 630.000.00
Ill. TIME FOR ACCEPTAUCE, EFFECTIVE GATE; FACSIMILE-. It this alto, Is nol rxeculPd by and delivrrrd to nil paellas On FACT OF EXECUTION communicated lit will
between Ilia parties on or before PER ADDENDUM , the deposit(,) will, at Btryrr's option; be returned to noyrr and this error wilhdrawn. A facsimile cony of 1,
Contract for Sale and Purchase (- Contract ") and any signatures hereon shall be Con^,idered for ell purposes as oriolnals. Tha train of Contrncl (" Effective Data ") will be ilia data W
the Iasi one of the Buyer and Seller has signed this offer.
IV. FINANCING: _
(a) If the purchase price or any ,put of it Is to be l(nancnd by a Ihkd•owly loan. lids ConlracS � condilionrd on ilia &ryer obtaining a written commitment for (C�� �t
or (2) or (3)): (1) ❑ a fixed, (2) 0 an adjustable or (3) ❑ a (Ixed or adjustable rain to within N A days after Effective Data it an Initial loteresl rate, not to excerci ••r ".
term of N / d years and for the principal amount of F _j�j �A . Buyer will make application within _N days alter Effective Dale and use mason tie
&'genre to oblainto obtain the loan commitment and, thereafter, to meal Ihn. terms and conditions of Ilia commitment and ctosa Tile ban. Buyer shalt pay all loan expenses I( R,�
fails !o oblate the. commilmrnl. or fails to waive &ryer's right. under lhis subparagraph within ilia limo for obtaining Ilia conimilmenl or after diligent effort fails to men( I
]err, 4 and conditions of The commitment. then either party Ihereaner by p,omil written dal(ro to Ilia other may cnnral the Conirnct and &rycr shall be. refurdad Ifx, deposiu
(b) The existing norigoge described in Paragraph II(c) above has (Cl IECK ( 1) or (2)): (1) 0 a variable Interest rate or ” C3 (2) n fixed Interest rare of phfA % per amp
At lime of title. Transfer some fixed Interest rates are subject to Increase. It Increased. Ilia rata shall not exceed. w ,I___. % per annum. Seller shall, within ' N/A drys
Effective Dole, furnish statements from all mortgageas stating Principal balances, mellod of payment. rnterest rate and slalus of mortgages. If Buyer has agreed to nssumM
mortgage which requires aPprovat of Buyer by Iha mortgagee for assu plion, than Buyer shall promptly oblarn al` required applications and will diligently complete and eel„
them to the mortgagee. Any mortgagee charge(s) not to exceed S NIA shall be paid by N! A (11 not filled In, equally divided). If Dryer Is P
accepted by mortgagee or the requirements for assumption are not in accordance wj(h rho terms of this Contract or mortgagee makes it charge in excess of (Ire slated a—
Seller or Buyer may rescind this Contract by Prompt written notice to Ilia other party unless either elects to pay Ilia increase In interest rate or excess mortgagee charq•
V. TITLE EVIDENCE: At least 1l, Buyyer
a days before closing date. Seller shat, ni 54Mai'& expense, deliver to Buyer or Buyar's attorney, In accordance with Slardmd
(CHECK (1) or (2)): (1) ❑ abstract of title or (2) Mille Insurance commitment and, after closing, owner's policy of ]ilia Insurance.
Vt. CLOSING DATE: This transaction shall be closed and Ilia deed and other dosirxT papers deliverer ER PARAGRAPH 3 OF ADDENy�3�1
uniess�xten e y other provisions of Conlon
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake title subject lo: zoning, reslr(c(tons, prohibillons and other requirements Imposed by gmemnR,ental aulhonty; rrsh!cao
and matters appealing on the plat or otherwise common to ilia subdivision; public utility easements of record (casements are to be located contiguous to Rcal Properly lines a
not more than 10 foot In width as to ilia rear or front lines and 71h fact In width as to Ilia side lines. unless otherwise staled herein); taxes for year of closing and sobsrram
years; asiumed mortgages and purchase money mortgages. if any; other. THOSE MATTERS ACCEPTABLE TO BUYER
PURSUANT TO STANDARD A IIEREOF. ;p,ovkl
that Thera exists at closing no vlolnllon of the foregoing and tone or them prevents use of nova Properly for COMMERCIAL fxu posrp
Vill. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller: but. It Property Is intended to be rented or occupied beyond closing, Ilse fact arxf ten,
thereof shall be slated herein and file tennnt(s) or occupants disclosed pursuant to Slnndned F. Seller agrons to deliver occupancy Or Property at time Of closinp unless olher-
staled herein. If occupancy Is to be delivered before closing. Buyer assumes all risk of loss to Property tram (into of occupancy, shall be responsible and linblo (or matntrnance it,
that dale, and shall be deemed to have accepted Property In its existing condition as of lime of Inking occ,mancy unless olhorwlsa slated herein or In a separate willing,
IX. TYPEWRITTEN On HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Corilrarl in conflict with them.
X. RIDERS: (CHECK it any of the following niders are applicable and are altachrtf to this contract):
(a) ❑ COASTAL CONSinUCTION CONTnOL LINE nioEn (c) ❑ FOnEIGN INVESTMENT IN REAL PROrEmy TAX. ACT metro (n) ❑ ftiA /VA RIDEn
(b) ❑ CONDOMINIUM MoEn (d) ❑ tNSULArION nioEn it) ❑ oiflER
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) ❑ may assign or (2) d may rot assign this Contract.
Xii. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendpm (f) 0 Is allached or (2) ❑ fhore Is no Addcrxfurn.
X111. TIME IS OF THE ESSENCE OF T141S CONTRACT. BUYER'S Itl{TIh1
XIV. DISCLOSURES; Buyer Q acknowledges or ❑ does no( acknowbdgo receipt of Iha agency /radon /comPensalion and est(maled closing costs disclosures.... NIA
THIS IS INTENDED TO BE n LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK TIME ADVICE OF AN ATTORNEY QR)OR TO SiGNING.
THis FOnM HAS BEEN ApPnOVED BY THE f LORIDA ASSOCIATION OF nEALTORS AND TI IE FLOnIDA BAn, t
Approval does not constitute an cpfnim that any of the terms arid condjliwu in tills Contract, should be accepled by ilia portlos In a Particular bansacyton, rmms
and eondllions should be negollated based upon the 1er7mclivo interests, obloclrves and bargaining ppsrtJons of rill infemsfed parsons.
CITY OF CLEARWATER COPYRIGi IT 1991 BY 711E FLOnIDA DAR AND it it= FLORIDA ASSOCIATION OF MOMS
By:
Michael J. Wright Clty Manygclr
Arr�sr.• '
Rita Garvey Mayor—Conmtissioner
Orlin P+
' Jatnes E, Stand ridge r,
!r )kit (' Social Spcurily or Tax I D. /
t Ikll fr
H.A. Galbraith, Jr. CIL At L(�rtioy�— L F— F,11 Snr:wjlyor roxIn.�
Deposit under Paragraph Ilia) tp�,Plvpd, iroff MFR Ti IAN ('AST ?,It Wit SilRtrr'.T Trl Cl ra lmwr
OMSM4'5 FEE; (CfIECK AND CO6uILETE iHF r)Nf3 Af i'LI'°APtF)
O Sy
IF A LIST MENT P CUiintHTLY ilr tttFCt)
f r ngteCl 10 pay Ilia `mall l!n:uw, nth 1 w7 t pnrh!c x) 4r:f •, ;m:r. r i , n 1 a rr:a, rxl f r Ilw, !pars ..1 q.n rdM rim rr• ;. ,Stn I .f r n;; rpm m I
OR
❑ IF NO LISTING A0_ gMEI(T IS CUnftCl ttL err t:
,_ ne 15
5;1141 aptea9 l0 pay 1f4a I1fpi,M namrir? 13 raw. al 1)rt.n .. run Ihn dl!6rnen n do f,f It n V: emir rJ L n -ta'a t• - ;..n,. ♦ 41 - . +sr.t 11a rr _.�: t , -+:• 1/1 , P •t. .
Y. al pros! Ixlrehasa peke or S .,« _ fur Pinkr t -im,' ,, art 7 n'I sa , I y „+ t , T f 1•' qPr Ina rr. v. , ; araf nt'a br t..,. r e•n f .y -:a.,f r a -,'
COtttraCt, tl L+uyer fA71 16 nMlOem' and dr000; (1) 4 rofnlnr!d, tt, Motral, t At I,, nw,rr l'f,•7y r. r,m t Inn I...r rr,. {p { il+,'! l.n ;`i.t h:, 4ar ai t r• s t.+ ,.. r.
setykes, ImIudmg Lasts eq'sda(1 by ibaker, and N o b3lrlm a !,0 Ln r,:fal la t n ^m I! 1.4 h e ca, . y. t +° ,.a rP. r.,rn .1 rpm -^ nl rw rx n r r 1%
D" Ito full fee to Efro pr On d?mard in ar:y t Tal•n r, : n. inn „ t•Ir ;{ : o r fa -, , .y
(tarot fw,+'w1 C1G !,.J f6r:wnrf i
OWN
ADDENDUM TO CONTRACT _FOR _SALE ._AND _ PURCHASE
THIS ADDENDUM is incorporated into and made a part of that certain
Contract For Sale and Purchase ( "Contract ") dated _ _ 1993,
by and between JAMES E. STANDRIDGE "_c; <r "); and the CITY OF CLEARWATER,
FLORIDA ( "Buyer"), of real property as legally aescribed herein. If any
provision in the printed form of the contract is --nconsistent with any
provision contained herein, then the provisions contai.nnd in this Addendum
shall take precedence and control.
1. Legal Description.
The legal description of the Real Property shall be as follows:
That part of Lot 2, Block "A ", BAYSIDE SHORES, as recorded in Plat Book 58,
Page5-12 and 13 of the Public Records of Pinellas County, Florida described
as follows: Begin at the center of the intersection of'Clearwater Pass
Avenue and South Gulfview Boulevard, in said BAYSIDE SHORES and run thence
South 89 052145" East along the center line of South Gulfview Boulevard 35.0
feet; THENCE South 00 007115" West, along the Easterly line of Clearwater Pass
Avenue 195.0 feet for a Point of Beginning. RUN THENCE South 89 052145" East
160.0 feet; THENCE North 00 007115" East 167.62 feet; THENCE along the
Southerly line of South Gulfview Boulevard, along a curve to the right, whose
chord bears South 88 008112" West 75.66 feet, arc is 75.68 feet and radius is
1092.69 feet and North 89 052145" West 74.38 feet; THENCE along a curve to the
left whose chord bears South 45 007115" West 28.28 feet, arc is 31.42 and
radius is 20.0 feet;. THENCE South 0007115" West along the Easterly line of
Clearwater Pass Avenue, 145.0 feet to the Point of Beginning;
Containing 26,383 square feet more or less (.6057 Acres)
2. Buyer Acceptance.
It is mutually understood that following execution of this Purchase
Agreement by Seller all of the terms and conditions contained herein shall be
subject to approval and acceptance by the City Commission of the City of
Clearwater. Acceptance by the Clearwater City Commission shall denote final
approval of all terms and conditions contained in this Purchase Agreement and
constitutes the effective date of this agreement.
3. Closing - Possession.
This transaction shall be closed and the instrument of conveyance
delivered not later than October 31 1993 if Seller executes and returns this
1993. Any extension of the aforementioned closing date shall only be by
written mutual consent of the parties. Possession shall be delivered by
Seller to Buyer at time of closing.
4. Closing Costs to be Paid by the Respective Parties.
a. By Buyer: Title insurance premium, documentary stamps on the
deed, recording fees, 1993 ad valorem taxes to day of closing.
b. By Seller: None
5. Additional Buyer Expenses.
In addition to the purchase price and closing costs to be paid by
Buyer upon closing this transaction, Buyer shall also reimburse Seller at
closing the sum of $9,965.09 for 1991 ad valorem taxes paid by Seller March,
31, 1992, $10,062.39 for 1992 ad valorem taxes paid by Seller March 31, 1993,
and $40053.46 for attorney fees paid to Johnson, Blakeley, Pope, Bokor,
Ruppel and Burns, P.A. through January 7, 1992. At, or after closing, Buyer
further agrees to pay Hunnicutt - Arnold Real Estate Appraisers Seller's costs
to obtain a current unencumbered; fee simple narrative appraisal in
conformance with the Uniform Standards of professional Appraisal Practice
("USPAP"), and additional reasonable attorney, fees as Seller may incur
through day of closing.
11.1+fo i of .�
6. Escrow Agreement.
At time of closing this transaction Two hundred Thousand and-- -
NO /100's - -- Dollars ($200,000.00) of the Purchase Price shall be placed in
escrow ( "Escrowed Funds ") with JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS,
P.A. pursuant to the terms of a seperate escrow agreement to be executed at
closing, attached hereto as EXHIBIT "A ". The Escrowed Funds are to cover
estimated costs of environmental clean -up of the Property by Gurr and
Associates, Inc. ("GAI") in accordance with terms and conditions of a
contract entered into between Seller and GAI. Buyer agrees to pay Escrow
Agent at closing a fee of One Thousand and--- NO /100's - -- Dollars ($1,000.00)
for administering this escrow agreement, provided, however., that such fee
limit shall not apply to any fees owing to Escrow Agent as a result of the
provisions of paragraphs 6(a) and 6(c), and paragraph 10 of the Escrow
Agreement.
7. Counterparts, Facsimile transmissions.
This contract may be executed by the parties in any number of
counterparts, each having the validity, force and effect as an original.
Facsimile transmissions of properly executed documents as may be required to
facilitate closing this transaction shall be binding upon receipt by the
respective parties, and any signatures thereon shall be considered for all
purposes as originals.
S. Threat of Condemnation.
It is mutually understood that all or a portion of this property is
necessary for transportation purposes and being acquired under threat of
condemnation, pursuant to Section 335.27, Florida Statutes.
WITNESSES:
COUNTERSIGNED:
Rata Garvey, Mayor - Commissioner
Approved as to form
and correctness:
M. A. Galbraith, Jr.
City Attorney
SELLER: (James E. Standridge)
James E. Standridge
BUYER: (City of Clearwater)
By:
Michael J. Wright, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
(taric, 2 of
,5;1�.,
EXHIBIT "A"
ESCROW 11GRBEM6_?IT
THIS ESCROW AGREEMENT is made on _ , 1993, among JAMES E, STANDRTDGE
( "Seller "), the CITY OF CLEARWATER, FLORIDA ( buyer'), and JOiiNSON, BLAKELY, POPE, RUPPF.i, &
BURNS, P.A. ( "Escrow Agent ").
RECITALS•
A. Seller and Buyer are simultaneously herewith closing the sale and purchase of the
property described on Exhibit "A" attached hereto and incorporated herein (the "Property ")
as contemplated in that certain Contract for Purchase and Sale dated
(the "Contract "); and
B. Certain environmental remediation with respect to the Property needs to be
completed after the closing of the transaction contemplated therein; and
C. The parties hereto agree that certain proceeds owed to Seller at closing shall be
held in escrow until such time as the conditions hereto have been met, at which time the
proceeds shall be paid to Seller; and
D. Escrow Agent has consented to act as Escrow Agent to receive and hold the escrowed
funds on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed
as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein by
reference.
2. ESCROW DEPOSIT. Escrow Agent hereby acknowledges receipt of and shall hold in
escrow, for the purposes hereinafter set forth, funds in the amount of Two Hundred Thousand
and--- No /100's - -- Dollars ($200,000.00) ( "Funds "). Escrow Agent shall place the Funds in an
interest- bearing account, with interest accruing in favor of the Seller.
3. REMEDIATION AGREEMENT.
a. The property shall be remediated in accordance with the Contamination Assessment
Report prepared by Gurr and Associates, Inc., or as identified in additional assessments that
may be required by.the appropriate regulatory agencies including, but not limited to, the
Florida Department of Environmental Regulation ( "FDER ") , which contamination has to date been
identified as petro- chemical in nature, but which may include other contaminations shown by
Buyer to exist on the Property prior to closing, requiring remediation by appropriate
regulatory agencies.
b. Buyer shall provide Property access to Seller's consultant for investigation
and remedial purposes at such times as are reasonable and necessary for performing the
remedial work.
C. Seller will provide Buyer and Buyer will provide Seller, as appropriate, with
copies of any correspondence with the appropriate regulatory agencies regarding remedial
activities on the Property. Whenever possible, Seller will provide Buyer with copies of
proposed remedial work for review and comment by Buyer; however, Buyer recognizes and agrees
that Buyer shall have no right of prior review or approval of any site investigation,
remedial plan, or remedial action or other steps proposed to be taken by Seller or
appropriate regulatory agencies and sole approval and responsibility for such actions,
whenever necessary, will rest with Seller and the appropriate regulatory agencies.
d. Buyer agrees that the determination of when the Property has been remediated
shall rest solely with Seller in conjunction with the appropriate regulatory agencies; as
discussions and negotiations between those parties may determine, or if an accord cannot be
reached, the determination shall rest solely with the appropriate regulatory agencies.
4. RELEASE FROM ESCROW. Escrow Agent shall hold the Funds in escrow until such time
as it receives:
a. Written notice from Buyer that it has received written notice and verification
from Gurr & Associates, Inc. ( "GAI"), or any other consultant undertaking remediation of the
Property in the event the CAI contract is terminated prior to completion, of receipt of any
incremental reimbursement payment of not less than $50,000.00 from the State of Florida for
completion of required tasks associated with the environmental remediation of the property,
Within 72 hours of receipt by Buyer of such notice, Buyer shall deliver written notice to
Escrow Agent authorizing disbursement of funds to Seller in increments of $50,000.00.
Disbursement shall be as provided in paragraph 5 below. Any reimbursement received by CAI
leas than a full $50,000.00 incremental disbursement shall be held over until any additional
reimbursement by the State of Florida to GAI equals at least $50,000.00. In no event shall
the balance of the escrow Funds be reduced below $100,000.00 ucit.il the conditions described
in Paragraph 4(b) have been fully complied with.
("N lc=%
b. written evidence of completion of the environmental remedlation of the Property
in the form of a site Rehabilitation Completion order from FOER or equivalent documentation
from the appropriate regulatory agencies. Upon receipt of such documentation, Escrow Agent
shall forward to Buyer and Seller via facsimile machine a copy of such documentation.
C. Notice that the Funds represent "cleared funds" and are available for
disbursement from the financial institution the Funds are deposited with.
5. DISBURSEMENT FROM ESCROW.
a. Instructions to Escrow Argent. The following procedure shall oe used by Seller
and Buyer concerning instructions to Escrow Agent:
(1) All instructions to Escrow Agent shall be In writing and signed by
Seller or Buyer, a copy of which shall be immediately furnished to the non- instructing party
by Escrow Agent.
(2) Escrow Agent shall not disburse the Funds in the event Escrow Agent
receives written notice of objection thereto from either party within five business days of
Escrow Agent's receipt of instructions or documentation from either party.
b. Di,,oursement And Recording. .f Escrow Agent has not received objection thereto
as provided in Paragraph 5 (a)(2) above, and upon compliance with and satisfaction of those
provisions net forth in Paragraph 4 above, Escrow Agent shall disburse the Funds, together
will all interest accrued thereon, to Seller, in the form of Escrow Agent's trust account
check.
6. GENERAL PROVISIONS w,, #;
a. Complete Instructions. This Escrow Agreement shall constitute full and
complete instructions to Escrow Agent regarding the disbursement of the Funds held in escrow
pursuant hereto.
In the event that the provisions of Paragraph 4 above have not occurred on or before January
1, 1995, then Escrow Agent shall do the following and will thereby be relieved of all duties
hereunder: return the Funds, together with all interest accrued thereon, to Buyer, in the
form of Escrow Agent's trust account check.
In the event that Seller and Buyer agree to extend this Escrow Agreement for a period beyond
January, 1, 1995, then Seller and Buyer shall deliver joint instructions, signed by all
parties, extending this Escrow Agreement to a date certain as agreed to by Seller and Buyer.
b. Duties Limited To Instructions. Except as specifically provided herein, Escrow
Agent shall have no duty to know or determine the performance of nonperformance of any term
or condition of any contract or agreement between Seller and Buyer; and the duties and
responsibilities of Escrow Agent are limited as provided in this Escrow Agreement.
C. Indemnification Of Escrow Agent. Should any litigation arise out of or in
connection with this Escrow Agreement, then Seller and Buyer, whichever is the non - prevailing
party, shall pay on demand, as well as indemnify and hold Escrow Agent harmless from and
against, all costs, damages, judgements, attorneys' fees and court costs (including, but not
limited to, attorneys' fees incurred in connection with enforcement of this indemnity and
time charged by paralegals or other staff members operating under the supervision of an
attorney), and other costs incurred in enforcing this Escrow Agreement, including expenses,
obligations, and liabilities of any kind or nature incurred in such litigation, whether
incurred at trial, at arbitration or on appeal; and Escrow Agent is hereby given a lien upon
all rights, titles and interests of such non- prevailing party in all its escrowed papers and
other property deposited in this escrow, to protect its rights and to indemnify and reimburse
it under this Escrow Agreement.
d. Nonliability in the Event of Invalidity of Documents. Escrow Agent, acting as
an escrow agent, shall have no responsibility for the authority or validity of any document
deposited hereunder. The sole duty of Escrow Agent with respect to such documents is to hold
and dispose of them as herein provided.
e. Construction or Interpretation of Documents. In accepting the Escrowed Funds
and Documents delivered hereunder, it is agreed and understood among the parties that Escrow
Agent shall not be called upon to construe any contract or instrument deposited herewith in
its capacity as Escrow Agent.
7. NOTICES. Any notice to be given or to be served upon any party hereto, in
connection with this Agreement, must be in writing and may be given by certified mail or
guaranteed overnight delivery service, and shall be deemed to have been given and received,
if sent by certified mail, when a certified letter containing such notice, properly
addressed, with postage prepaid, is deposited in the United states Mail, or, if sent by
guaranteed overnight delivery service, when a letter containing much notice, properly
addressed, with delivery charges prepaid or provided for, is deposited with the guaranteed
overnight delivery service; and, if given otherwise than by certified mail, it shall be
deemed to have been given when delivered to and received by the party to whom it in
addressed. Such notices shall be given to the parties hereto at the following addrenses:
Ivagr 2 nr 4
A
FOR SELLER:
James E. Standridge
116 harborage Court
Clearwater, F1. 34630
ESCROW AGENT:
Timothy A. Johnson, Jr.
Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
911 Chestnut. Strget
Clearwater, F1. 34615
FOR BUYER:
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618 -4748
Attn: City Attorney '
�r
Any party hereto may at any time, by giving five days written notice to the other party
hereto, designate any other address in substitution of the foregoing address to which such
notice shall be given and other parties to whom copies of all notices hereunder shall be
sent.
8. LIABILITY OF ESCROW AGENT.
a. Escrow Agent will serve hereunder with remuneration; and in no event shall
Escrow Agent be liable either to Seller or Buyer, or their respective heirs, successors,
assigns or legal representatives, for any act of failure to act by Escrow Agent pursuant to
this Escrow Agreement, provided such act or failure to act is in good faith.
b. in performing any of its duties hereunder, Escrow Agent shall not incur any
liability to anyone for any damages, losses or expenses, except for gross negligence, fraud
or willful liability with respect to any action taken or omitted in reliance upon any
instrument, including any written instrument or instruction provided for in this Escrow
Agreement, not only as to its due execution and validity and effectiveness of its provisions,
but also as to the truth and accuracy of any information contained therein, which Escrow
Agent shall in good faith believe to be genuine, to have been signed or presented by a proper
person or persons and to conform with the provisions of this Escrow Agreement. Each of the
parties hereto expressly releases Escrow Agent from any and all liability for any act or
failure to act hereunder, except for gross negligence, fraud or willful malfeasance.
C. Upon disbursement of the Funds as required by this Escrow Agreement, this
Escrow Agreement shall be terminated and Escrow Agent shall have no further liability
hereunder.
9. LIABILITY OF BUYER. Until the termination of this Escrow Agreement, Seller will
indemnify, defend, and hold Buyer harmless from and against any and all claims, demands,
suits, losses, damages, assessments, fines, penalties, costs and other expenses (including
attorneys' fees and court costs) arising from or any way related to actual or threatened
damage to the environment, agency costs of investigation, or remediation, personal injury or
death, or damage to property, including any claims from third parties not party to this
Agreement due to the contamination which is the subject of this Agreement on or under the
Site, the Property, or any nearby properties owned by the parties, their successors, or third
parties not party to this Agreement but claiming damage or injury (the "potentially affected
properties "), or in the surface or groundwater located on or under the potentially affected
properties or any other condition existing on the potentially affected properties resulting
from the contamination which is the subject of this Agreement, whether such claim proves to
be true or false. The term "property damage" as used in this paragraph includes, but is not
limited, to damage to the property of%the Buyer and of any third parties. Seller's liability
shall be limited to the amount held in escrow.
10. LEGAL ACTION. In the event a dispute arises between Seller and Buyer sufficient
in the discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled to
tender into the registry or custody of any court of competent jurisdiction all money or
property in its hands under this Agreement, together with such legal pleadings as it deems
appropriate, shall thereupon be discharged from all further duties and liabilities under this
Agreement as Escrow Agent, and shall thereupon be entitled to represent Seller in any and all
proceedings. Any such legal action may be brought in such court as Escrow Agent shall
determine to have jurisdiction thereof. Buyer acknowledges that Escrow Agent is the law firm
which has represented Seller in connection with this transaction; and Buyer consents to such
continued representation, including representation of Seller in any disputes which might
arise in connection with this Escrow Agreement, the transactions contemplated hereby or
matters related to any of the foregoing.
11. APPLICABLE LAW. This Escrow Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
12. BINDING EFFECT. This Escrow Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
13. TERMINATION. This Escrow Agreement and the obligations of Escrow Agent shall
cease upon the delivery of the Funds as net forth herein.
F'age I of 4
ia
IN WITNESS WHEREOF, the parties hereto have hereunto net their hands and seals the day
and year ;first above Written.
WITNESSES;
Countersigned:
Rita Garvey, Mayor-Commissioner
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
SELLER: JAMES E. STANDRIDGE
Jamey E. S— Landdge
BUYER: CITY OF CLEARWATER
By:
Michael J. Wright, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
ESCROW AGENT: JOHNSON, BLAKELY, BOKOR,
RUPPEL & BURNS, P.A.
By:
Timothy A. Johnson, Jr.
harp, 1 .,d d
J
, /•' L X1,,1, ,,1 �;
d
June 10, 1993
C T 'I' Y () 74' c; 1, 1: 11 It W A T E It
POST OFFICE 80% 4748
CLEAFAWATE1R, FLOnIDA 34618.4748
Mr. James E. Standridge RE: W.P.I. NO.: 7126698
116 Harborage Court PROJECT NO. 15140 -2518
Clearwater Beach, Fl. 34630 STATE ROAD 140. 699
FAP NO. BRN- 1255 -(8)
COUNTY PINELLAS
PARCEL NO'S 102.1
702.1
Dear Mr. Standridge:
As you are aware, the City of Clearwater is in the process of acquiring the
needed right of way for the above referred to facility. A determination has
been made that a part of your property will be needed. A search of the
Public Records of Pinellas County has been made and it was determined that
property described as Pinellas County Property Appraiser Parcel No.
17- 29 -15- 05076 - 001-0022 is owned by you.
The interest being acquired in your property is Fee Simple interest in Parcel
No. 102.1 and a Temporary Construction Easement in Parcel No. 702.1.
in addition, the following list identifies the structures, improvements and
landscaping which are considered to be part of the real property acquired:
170 Linear Feet of 6 ft. galvanized chain link fencing
you are further advised that the City's offer of just compensation for the
property required for the construction of this facility is based on the Fair
Market Value of the property and that the City's offer to you is not less
than the approved appraised value of the property.
to
• Eotrai e.mpluyment ind Aiirrrn -VIVO Atiltsrr rmotiver
The following represents a summary of the City's offer to you and the basis
therefore:
Land
Improvements
Damages
Temporary Easem
Attorney's Fees
Related Closing
TOTAL
$ 48,250.00
$ 700.00
$ 650.00
ant $ 9,500.00
to date $ 4,053.46
Costs $ 788.00
$ 63,941.46
Any additional information you may require can be gained by contacting Earl
Barrett, Real Estate Services Manager, at 462 -6638.
Yours very truly,
William C. Baker
Director of Public Works
Delivered By Date
Receipt Acknowledged By Date
WCB /ewb
k'
PURCIiASE AGJZEE14ENT
a
11.11. 1. No.: 7216698
FAP No. 111A
County Pinellas
State Road Not S.R. 699
THIS AGREEMENT is made by and between .TAMES E. S`rANDRIDGE, a ni.ngle man, hereinafter referred
to as SELLER, and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to, as PURCHASER.
WITNESST•T11
For and in consideration of the mutual covenanl.n and conditioon herein contained, SELLER
hereby agrees to sell and PURCHASER hereby agrven to htsy the following property or interest
therein, upon the following terms and condlliono,
I. DESCRIPTION
(a) Real estate or interest therein, identified an parcels 102.1 and 702.1 as shown
on Right of Way Maps for section 15140 -2518 incorporated herein by reference.
(XI Fee Simple (Parcel 102.1)
( I Permanent Easement (Section III.(b) does not apply)
(XJ Temporary Construction Easement (Sections III.(b), III.(c) and III,(d) do not
apply) (Parcel 702.1)
(b) Personal property identified as follows: NONE
I2. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER
at closing including fees and costs. $ 63,291.46
(b) Itemized purchase price, fees and costs:
Land and Improvements $ 48,950.00
Business Damages $ N/A
Temporary Construction Easement $ 9,500.00
Attorney Fees (Reimbursement to Seller) $ 4,053.46 (see Exhibit "A ")
Appraiser Fees $ N/A
Other Costs _ $ 788.00
(Specify)
(c) Damages (Severance /Cost to Cure) $ 650.00
TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS ................... $ 63,941.46
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by
PURCHASER subject to final acceptance by the Clearwater City Commission as
required by Section 119.07, Florida Statutes. Final acceptance by the
Clearwater City Commission shall denote final approval of the purchase price and
all terms and conditione' contained in this Purchase Agreement and constitutes
the effective date of this agreement. A closing on this contract shall not be
transacted prior to final acceptance by the Clearwater City Commission,
execution hereof by authorized City officials, and delivery to SELLER within 15
days thereafter.
(b) SELLER is responsible for all taxes due and owing on the property as of the date
of closing.
(XI SELLER agrees that all current taxes for the year in which this agreement
is made on the property acquired shall be prorated and SELLER agrees to pay
SELLER'S share of said prorated taxes as of the date of closing.
[ ) SELLER agrees to pay all taxes for the current year.
(c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing.
Any Bums which PURCHASER must expend to clear encumbrances shall be deducted at
closing from the purchase price shown in Section II.
(d) Any extension of occupancy beyond the day of closing must- be authorized by the
PURCHASER in writing. During the period from the date of closing until SELLER
surrenders possession to the PURCHASER, the SELLER shall exercise diligent care
in protecting the property from theft and vandalism. All property, whether real
or personal, included in this agreement shall be delivered to PURCHASER in the
same condition existing as of the effective date of this agreement, less any
reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation
.purposes and is being acquired under threat of condemnation, pursuant to Section
337.27, Florida Statutes.
(f) Other: Any additional reasonable Attorney Fees are to be determined and paid by
PURRASER by seperate check. No Appraiser Fees are being paid because SELLER has not
notified PURCHASER that another appraisal or appraisal update was being requested
by SELLER. Closing costs being paid by PURCHASER include title insurance policy,
documentary stamps on deed and recording fees.
Page 1 of 2
IV. CLOSING DATE - POSSESSION
This transaction shall be cloned and the inntrumcxnL of conveynnco delivered within
60 days of the date of final acceptance by tlu+. City of Clear,,jjLvr. Ponseadion shall be
delivered (X) at time of closing or ( ) slot. 1nLor Lhan (do Le) _E
V. OPTION TO PURCHASE BALANCE OF PROPERTY
(a) For and in consideration of payment of Lhe additional non- refundable sum of
$20,000.00 to SELLER by PURCHASER at time of cloning L-lii,n Ls:ansaction, PURCHASER
shall have the privilege of purchasing at anytime within 3G5 dayn thereof, the
balance of SELLER'S real properly for Lhe tot.al nun, or $G50,400.00 cash !.n
accordance with Contract For Sale Alid ('ut•chaue (ExhlhU "IS ") and Escrow AgreomenL
(Exhibit "C ") attached hereto and by reference incorporaLed herein.
(b) To exercise the aforementioned option to purchase, PURCHASER shall give written
notice, delivered certified mail, return reccipt, to s5LI.i:11 not later than
45 days prior to anticipated date of cloning. The date of receipt by SELLER ahall
be the Date of Contract for purposen of cloning the LranaacLion..
(c) Additional consideration paid to SELLER PurnuanL to paragraph V. (a) above shall be
credited to PURCHASER against the total MIMS due from PURCUASF.R to cloae the
transaction as anticipated herein.
(d) If PURCHASER fails to exercise the option herein granLed, or faila to complete the
purchase following the exercise of the option to purchase, within the time allowed
for the foregoing, then in that event, SELLER shall reLain the additional
consideration received for granting this option to purchase, this option shall
thereafter become null and void in all reapecta, and SELLER shall have no further
obligations whatsoever to PURCHASER in regard to granting this option to purchase.
VI. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda
shall control all printed provisions in conflict therewith. All addenda, whether
typewritten or handwritten, attached hereto muat be referenced in thin section.
There (Xj In ( j is not an addendum to this agreement - Appraisal Breakdown
VII. IN WITNESS WHEREOF, THE SELLER han caused these presents to be executed in his name.
DATE JAMES E. STANDRIDGE
Witness S gnature
Witness
VIII. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER
IN WITNESS WHEREOF, the City of Clearwater has caused these presents to be accepted
this day of , 19
Countersigned:
Rita Garvey, Mayor -Comm ae oneer
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
CITY OF CLEARWATER
By:
Michael J. Wright, City Manager
Attest:
Cynthia E. Goudeau,CCiLy Clerk
Page 2 of 2
j EXHIBIT "A"
JOHNSON, BLAKELY, POPE, BOK013, r3UPPE1_ « r3UJINS, P.A.
KrIORNLYS AND Cgl1tJSL:1.LU1i5 AT 1 AW
9It t;IIIiS`tNil f 51 itM;
PPS F (AWIt:p Ilox 11611
CLUARWA I Pit, HIM IDA ! Inl J { 16Rf
(013) .161 • {11111
JAMES STA11DRIDGE
116 HARBORAGE COURT
CLEARWATER
r1, 34630
11A)i 7, 1 !)!) 2
S T A T E bl R W 'I'
19443-032
FOR INVOICES RECIDERED TIIRU: JAN 7, 1.992
14ATTER INVOICE DATE AMOUNT TOTAL
7090 CITY OF CLEARWATER /CONDEMNATION N .,GOTIATIONS
95207 1.0/31/91 $2,415.20
96111 11/26/91 $1,421.40
96719 12/19/91 $1.23.10
INTEREST $93.7G
TO'PAL, AMOUNT FOR THIS MA'1"1'ER: $4,053.46
TOTAL, AMOUNT FOR THIS STATEMENT: $4 , 053.46
Visa and MasterCard Accepted
r
116 Itarll� gift �`.+ art, Clt later, Flallda 34630 (PSaae 595-7213 i
in,! -City of Clearw{tter. a F.1-. -LdA
at F. 0. Box 4748. Cl.rarwd)ter. F1. 'i �yl��,_.._..�__... _ ..� IPlror+c .IJh9- fifi3R )
nerew spree that the Senef shall sell and Buyer shell buy the followhg reel properly i Real P,pper� ) and Perih+m properly I rersmdallx ) (collectively `Pro erl -) upon Ilia 1ollovrin(
acres and conditions, whldt 1NCLUOE. the Slmdnrds for Roof Estate Ronsncttas ('5farxl rr ij i prlw.d wt Pao aevrrso Or otLSifi -t"3 Fhf`any Mitts pod Addenda to Uds toskument
1, DESCRIPTION: Pinellas
( alleialdesetto6onatl1ealloropellyloealedln .,,, -- °__....... r..nu..ly,rkireda ,. ._.....-
See ParagXaph I n ADDENDUM fnr 1 gaLtleSra- illLid111._.
lbl Strad addrea city, air, of ltn Pto art is:
All •'Parsonait Tone. Tills XG[�EEME T IS ATTACHED TOO, n rARi 0Fi Awu iurcR_F, D"IN PURCHASE AGREEMENT
ETWEEN THE PARTIES IDENTIFIED AS W , P . I . NO If l 669 f3, CUUN i Y : PINI,Li,f�S STATE ROAD N-0_ . .699,
CONCERNING RIGHT OF WAY PARCELS NO. 102.1 and 140 102.1. _
11. PURCHASE PRICE ............................. ............................... -,. ........, E 650 ,400.00
PAYMENT-
(a) Deposil(s) to be field In escrow by _.___._N /A ._�.In the nnrn int of.. S.____.. NIA
(b) Adddlonal escrow deposit within N A days niter Effective male lit It, n oriental of N/A
let Subject to AUU assutapttatt Inotigage in good standing In Inver of ..... _ _ N A
— - .._..._ .. having nit nape+ Fume we'e'd wb,t tpal Nthoee of .. S I
(d) Purchase money morlgago and rote bearing annual Interest at __,.N /A -- x lion Adder clam) in nuxnmt Of, .. ...... S N/A
le) Omer. - OPt�gn fy nl ds previnns ly yid •.U,,$silCi_._. _ ._...._._� s 2o'.OflO. nn
(I) Balance to close (US. cash, LOCALLY Dn..WN certified or coshler's check), •shied In nrljushna+ls and prornlfnns _ .......................
111. TIME FOR ACCEPTAt10Ep &FFW &�VF DO rj�rr.0 IMIt,E:,tIL1l�Is oiler is trot exerml"d by ad dehf ored 10 nit parties Oil FACT OF EXECUTIOta communlcaled lit writing
belwevr Uwparllesonorbetwo tp1 W �1ffUTC�aal iiAS T PR}TQ�rF �f.nn��44 1 r
j,'L1w ) l e doppnll(sl will, at plryors aPllnn, he rdunmd In Fhrynr mil Ihis oiler wilhdrnwn. A InCSlmllo copy of this
Contract ion Sara and Purchase I "Contract") arid any signatures hereon shall be cmeslilored For nit nurpnsas ns originals. Tlo Onto of Conlrnel I Effective Dal -) will be Ilia date when
the fast one of the Buyer and Seller has signed this offer,
N. FINANCING:
(a) II the purchase price or arry Art of It Is to be fineneed by n third tinily loan, this C,onlrnrl b condnlonad on Ilia nuyrr oblololrg a written commitment for iCH K (1)
C' (2) Of Oil: ( N ❑ a fixed. 12) 0 an adjustable or (9) ❑ a Fixed or adjustable rain loNe wilbinNLA_. days niter Elfocliva Dale AI an hiblal interest rata not to exceed U,
term of NIA years and for Ilia principal amount of 5 N/A . Uuyer will make application wdn Nj11,_ days nherFlleedve Onle. and rue reasonable
diligence (a obtain the loan commitment and, thereafter. to meet the terms and conditions W of the commitment" and close thn loan. Buyer shaft pay all loan expanses. 11 Buyer
tails to obtain the commitment or tails to waive &ryer's rlihis under this subpaingraph wilhin Ilia time for pblainirg Ilea commitment or after diligent effort fails to meet the
terms and conditions of Ilea commitment, then either .party thereafter by monipt oration rolicn to Ilan other may critical the Curdracl nrd Buyer shall bo rafu ded Ilia denosit(s)
m .
(b) The existing orlgogo described in Paragraph [Ile) above has (CI IECK (1) or (2)): 1 1) 0 a variable Inleresl role or (2) Cl n fixed Interest rate of N i A % per annum.
At time of title transfer some fixed Interest rotas are subject 10 Increase. If Increased. the rata steal) not exceed N/A %per amnam, Seller shall, within NSA days alit,,
Effective Ditto.. furnish statements from all morigogess staling principoi balances. melliod of paynienl. Inleresl Into arxl status of mortgages. It Buyer has agreed to assure a
mortgage which requires approval of Buyer by the mortgagee for assui i then Buyer shall pron,plly oblai , aft requlred anpncalions and will diligently complete and return
them t01ho meo+lgagee. Art/ mortgagee charges) not to exceed S
Wry shall he paid by TI I A (if not filled In, equally divided). It "er Is not
accepted by mortgagee or the requirements lot assumption are rot In accordance with Ilia Icnms of this Contract or mortgagee makes n chargn in excess of Ilia staled amount.
Seiler or Buyer may rescind this Contract by prompt written notice to Ilia oil +tit party unless either elects to pay ilia Inmeaso to Interest rile or excess mortgagee charges
V. TITLE EVIDENCE: Al least 10 days before closing date, Seller shall, nl Selinr's expense, deliver to Buyer or Biryer's nllorney. In accordance with Standard A.
{CHECK 11) or 12));11) ❑ abstract of title or 12) ❑ title Insurance commitment and, after closlrg, owner's policy of title lnsuraoce.
VI. CLOSING DATE: This transaction shall be closed and (he dead and other closing papers delivered on PER ADD ENDUi'1 unless extended by other provisions of Contract
VII. RESTRICTIONS) EASEMENTS; LIMITATIONS; Buyer shell take title subject to: zoning, restrictions, wahibiilons and alter mquhenients unposed by gavernfhental authority, restdcnons
and - after$ appearing on the plat or olho —bid common 10 it's subdivision; pubic utility of roeoed letisomonts are to be located contiguous to Real Properly linos and
not Panic than W feel In width as to the rear or front lines and 71h feel In width its to Ilia side lines. unless otherwise staled herein)• lazes tar oar of closing and subsequent
yeas; asilumedmorlQaQe3 and purohase money morlgages ,l( any; other. THOSE MATTERS ACCEPTA13LE TO i3UYER H SUA T TO
STANDARD A HEREOF;
: provided,
that there exists at closing no violation of Ilia foregoing and none of them prevents use of final Properly for ___CO.ZeLIL.R.0 r A . purposets),
Vill. OCCUPANCY: Seller warrants that (hero are no parties In occupancy Ofhe( than Seller• but. If Property Is Intended t0 be tented or occupied beyond closing, iho fact and terms
the<eol shat) he slated herein and the lenanlls) or occupants disclosed pursuant to Standard F. Sella agrees to deliver occupancy of Properly at limo of closhig unless Otherwise
staled herein. IF OCWponcy 19 to be delivered before closing, Buyer assumes all risk of loss to Properly from date of occupancy, shall be responsible and Ilable for maintenance train
that dale. arid shall be deemed to have accepted Properly In Its existing condition as of lime of Fokiog occupancy unless olherwlsn stated hadn or In a separala Willing,
IX. TYPEWRITTEN. OR HANDWnITTEN PROVISIONS: Typewritten or handwritten provisions shall control all prinled provisions of Contact In conflict with them.
X. .Rig ERSr (CHECK it any of the following Rldets erne applicable and are allachod to this Conllncl):
1 +1 ❑COASTAL CONStRUC11011 CONTFIOL UwE nimi (of ❑ FOnEION GIVES IMENT IN nEAL P1IOPENI Y TAX ACI 11101211 (c1 Uri IANA 1111)Fm
list ❑ CONOOMI:aUM AMER td) 0 INSULA110N 111DEn
OnfER
XI,. ASSIONABILITY: (C)fECK (I) or (2)): Buyer (1) ❑ may assign or (2) R1 may not assign Ihis Conhacl.
XII. SPECIAL CLAUSES: (CHECK (11 or (2)): Addendum (1) RI is attached or l2) ❑ ll,ere is eo Addendum. ,
X111. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIY. DISCLOSURES: Buyer ❑ acknowledges or ❑ does riot ockrowindga receipt of Ilse agrncyhndon /congronsallpn nnxl oslhnaled clusug costs dlsclosuros...' N/A
THIS IS INTENDED TO DE A LEG/1LLY DiND3MG CONTIIACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTOr1NEY PRIOR 10 SIGNING, 1
THIS FORM HAS BEEN. APPROVED BY THE rLOnlDA ASSOCIATION OF REALTOnS AND TI fr. FLORIDA BAR -
AArroval does not constitute an opinion (ha( any Of the (erns and cardlOiNis !n ilas Conhacl should be acccpfod by Ilia pndles in a pm(Icular transactlon, re-ans
and conditions should bit negotiated based upon Ilia roarerliva interests, obleeli+o.s and bargaloing positions Of all kllems(cd persons.
CITY OF CLEARWATGR COPYRIGHT 1991 BY TiIE FLORIDA BAR AND 71 FE FLOIIFOA ASSOCIATION OF nl1AL10f1S
6
Onto yl)tc tae J. Nright City Manager �'�pj)�,�E; l/tpji�IilD(;i:
At- f e t _ tklLa SOCI,ni JI! IrIIyat" lax 10. � — —
Rita Garvey Mayor- Copallissioner
CynLtita E. U-o-u-'aF_8U Gicy Clerk _ Uatn _
Ikilr.
B.A. GnlUratth, Jr; .Cit'i At'.tortley fioc1n1Securltyof lax 10,1
UeDosit under Paragraph file) recelved; IF 07110 7) IAN CASI f, T HEN SUBJECT TO CLEAIIANCE _
UnOKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) Dy,
❑ IF A LISTkIG AOREEhtENT IS CUnRENTLY IN EFF CT: -�+
On r agrees o paY I a o et" nitnm a vr, c ;rq cooPCrnlhg sub.nOaNs manned, nrr:nrdnra to Ilia farms of an exisllrg, srhnraln Ilsllrg agneemenb
_ Data
Uatn
(Escrow Agent)
❑ IF NO. LISTING AGrfECMENT IS CUnRENTLY fit EFFECT:
Seiler agrees I o paylTie rA oTor nameuTTia our; 511mp o) GiDs,og. ham Ilia dlsbuHnrutuh of pin litnentrh of Ihn sale, rnnipnnsntlnn ht ihn arnnunl of lcohlm F iE OHLY Out I
% gross purchase pike or S for U10ars servVits In oNeclorg If," sntn fry findgng fl n fbtynr marl,,, wilting nrAl abet, lot tanehasa Ixnsuaml to lira foregoing
Contract It Billet tells (o patlatm arxl deposals) is fitiol"d, gf)g I"WPOIF, bid rxtl P- 0ed,.r) llvr (baker s Ion 0.1vt, p,rnAft,d, 0111 hit 110.1 fkokor as (I'll cnnshdarnl tut la 1[1,040rb
servloa'1, includkg costs e'rrxled by Broker, arxi Ilia balance shelf ba pour 10 rloCar If Ibe 1rm sa, lkut shat nrd (fmsn hnraus.i ref rah in, tit laVUe of Teller to perform. S?ner shad
pay The lug Ito to Broker on demand ht any kllgnlian adsdrg out of Ilia r4y'Ita'A co,. r ...... y 11 n Rake, S fee, It.n pmva eeg ( a,(y m'.111 lm na•t rrminirlahlil allwoey 9 leri ar.1 rolls
1 mm�ame o st okarrl3� )•- �`"`.`•"'""`" ))rrrnniu ' Kj.R ^ y -..
-
tly � Rr
lauuarrid sg,nntoryl li. �. ,;in�i t,; v! tit.
..r...•�r »� .• ..,.. nlrrn: rAlrnr rinlAnNn rrl..rt For .r. r n r -e ..... • ....•
",.�.
STA..t3ARDS t'OTI 11GA1_ ES7ATG IIIAtISAL. AIS
A. EVIDfNCU DF Iiii.V: i t) All iltti l3qi�+t ��1��I�� rrnpatad at brouphl currant by a irlvtablo and axlshng Absb Ad hen (11 not oxglPg flan. cenllf,ed as correct by an existing firm)
purporling 10 be an amu,01► Byrd Poo ai 441, Lislrumenis alleelmg title 10 Ilia Final lropedy irro,ded in ilia Ixrblir menods of IM county wlv,reisr neat Properly Is k,cated IhrOtrgll
Ellfo 0811, ant whkh sbaa cw,ansn a with the aatlesl tdrblid records, Or such later data as may bin ruslomary In Ilia catinly Upmn clo%Jr.V of this ofinswellon, Ire abstract short
became the prepally At 1Aryaf, suhllrl to On rlg,d of retention lharnor by first mA.rgagne unid bil'y Pall l7t /i u1`e b,to:rtmion coinmuanni (vs,nd by a rtexids licensed (kite insLvir
bgreelnp to hope to Billet. aPe+t UCtvd,Iq at Ilia dead to Buyer, an owrinr6 Polley of pass litnutwr,re Ili the A riouiil 01 Iha ptiiiilase p`1ir:e Infwirg R,ryerb IIIII IO Iha tic ?I Properly.
subject 014Y 40 liars, eu urntxatrGOS, axcaollnnt or quaiilketions set 101111 In this Gnnlra, I awl Hinton wlnch 41,1111 br il vitenped by Srtlm fit or before dosing S wrier shall convey
nat►elable 0111, ouMrcl orJy to bans, anamthrariceo, eiceallons a twalfhcnlnos ever,he'l 1,1 Iha f molintI MnArolahlo filly shift he Ilt,hu1ntnNI nrcoltMog 10 appl,cOWe Title S1arr11,01
walled by oultsx,ly at it* Fkubda Bar and In accordance with law nuynr alma ha,m 10 tiny.. II ehslrnrl no 5 day., It 11110 eaeamhnenl, Imo Onln ol. ,sicnsvlrp mvx)nflee bl I'lls'
to tumire n it title is lapwS delecllve. Byer shall wahb, 3 days. fulus, S_ilu, in w Atnu 1110014,vy dunect(sl it Hid t1, I"t(sl ,(4,vinr btim tnen.Ukatnbta, Stoller will hive I20 days t„v,
lece,pl of notice volittin which 10 remove Ito defocus), falling which Buyer shill have the nplmn At either Art elitinp 111n title not it Iloilo Is mr dentatilig a oelund of tiepositill par'
which Shall ImrmdialMy be returned to Btiver, Ihordupon, Buyer and Seller shall rnf(,nsn one anttlbry of fill furlhm otibpahons limier 11m Innlrnrl Srllnr shalt, it Idle is fourd unmaokatabir,
use ditgenl effort 10 Correct defecljs) In Ilia title within Ilia time.psoMed Ihrretor, anclud a Ilse laingn,p At nnressnty .110,13
e. runcilASE MONEY MOnTOAGE: SECUnITY AGREEMENT 70 SEl l Eli: A rxmlmtn Fil mnrlgnna aril rnnrinaori Mtn In Sr-flm Millis provide OF a 00 day grace pnt»d Is
Ibe avant Of delsull tl a Plot m0figape and a 15•doy grace period if a secant) fir lesser P1nAtlagr, strait provide tot tight at prrpnyntrnl In wlotc or bl Pml wtttMi Penalty shot"
not permH eeeateratlon or Interest adjusiProfit In event of retain of nunl P,npe,ly. shall rertmtr All Prior krns and rtwuuitxanros to tin kept Ili goal sinndeg MW ltxb;d modd,ralmn,
Ct Ol future adva0eet LAdat Prior modgigo(s): and) the norfgag0 #1014) and Anrwdy ntara,nnnl nima 1,n nlhn,w,sn of Iota, will rnnlrnl rrnuoell by Seiler; till relief may Orly ,Oqun^
clauses cuslorlta,8y loured in morlgagas, ntalonprl notes And socwlly 101rru,rms prmmmlly ubla I by snvin4rt nowl loan Irrslmalinris fir sloe or national banks localnd in Ile caul,
wherein Pool Properly Is keeled All Personally sod laasos being sneivnyrd or Ass,pner) will lot Srl:m a mph nn be Muh)rrl In Ihr bra w n srrnnfy ngrrra,enl evlleowed by records, ,
financing statements It a balloon moripaoe, itte Ilnnt payment will exceed ale prnntbr Pnymerda lllmrnn
C- SURVEYI Buyer, al D,ryrta exp,enaa, w,lh,n Mils allowed to deliver avidmra lot bile mud In rxmnutn mmvo . rimy havn item Pvyn,ly a"'o,"Ad nafl Do,ld,rd by a reg,Sler d rk rid'
tu,veyO411 survey sbows encroaclanato oh fleet Property or that Inyuovou,oenls Inr alyd ail (teat bwpr, by eM.O:n 1, Olt sortba, k bnr5 mnrmrws. 4 mds nl olhrts or 001.11" silly 105110,1-
Contract covenants cw appllcablo govarnmonlnl rogufallod, Ilia Santa Shall c0ns111u10 a b1b. drlAf I
O. IEBMITES: Buyer, at Buyara expense, within time allowed 11, deliver ewdcarr of title Awf In rxanun4) same, pay hnvr Ih,mt 190netly bfspvrledi by n rlotkla Cerlibed rest Conlin'
Oporator to determine It ltare Is any vislbla active termite lnleslahon or vi5,blo oxlrling ttantage ho,n Icundo Infeslnlx+n In Ilia i,up,nvmmnols 11 other or both rise. lard, Buye, wi°
have 4 days Irom dale of written notiet thereof within which to have all danmyes, wheliter v,:1111. a Col, inspnrlyd Arid nstlnmlri) by n flrgiAod'.131,nder or perwral 901110aelat Sere'
shall pay and costs of treatment and repna of all damage up to 2% of pmeliaso price Sbm,bi 5arh casts r•rmrd lint Anv,atil, (lit,'er shelf 1%3va ilia option of ea,eeltnq Canha -1
within 5 days alley receipt at contractors repair estimate by gfvi,g written nollcn 10 Srllnr Or Piryer loins, cruel In V,oreest with lite Imnswcbon, In which event Buyat shn11 reeent-
a credit at closing of an smcxm( equal to ilia Iola[ of the Irealnkyat And rnpnir eshutnfn ern in orris of 9% of the pwrhnso Voter ' lerniiies° shall he deemed to inckrle all vroo f
deslroying organisms reouilkd to be reported under Il+e Florida Post Control Act
E. INGRESS AND EGRESS: Seller warrants and represents that lucre is InglnSs Awl rgress to Ilse rival Ptopetty sulf,rbni Inr Ilse Intruded use As described In Parailraph VII hmerf
line to which is in accordance with Sla dald A.
F. LEASES: Seller shall, not less Ilion 15 days before closing, furnish to Rrryer cnpin3 of rill written loasns arvl rslnppof felfris Imo each lenard specifying the online and duralic,
of the Tenant's occupancy, rental rates, advanced real and security deposits paid by lanaris 11 Snllrr is tinalsa to obinin ouch teller trait each tenons, Ilse Marna information shaft Ur
furnished by Seller to Buyer within that time period In the term of a Seller a alhdavil• and Pon et Piny Iherrwller cmdnrl letmnds to rnnlum such Information. Seiler shall, al cl"ints
deriver and assign all Oripinaf teases to Ouyer, .
G. LIENS: Seller shall lurnish to Buyer at 11" of closing an allldavlt alle,sting to Iha nbiernre unins5 t,11irrw1se Provitod fern herein, of silly Ibmnchig slalemenls, claims of Gen e
.potential lie ors known to Seller and lurther Ill that there have been Ito I+,movrnicnis or rrpnus to Iha Iroperly for 00 flays i,mmed,alely Preceding data at closing It Properh
has been Improved or repaired within that time, Seller shAli deliver releases or wnivcls of nmrhnnics' limns exectiled by nil general emilmclors.:,dicOntractors, supol -ors and materlalme,
in add;llon to Seller's Icon affidavit selling tomb Ilse names of all such general conlrarlors, subconhnc ots, sudphers Asti nalanalnorn and lusllim allimil g that All charges for intorovernent-
m repairs which could serve as a basis . lar a olaehnnles (Pen or a claim lot stamagrs have been grill or will his nald wl clositq at thin Crnta act
11. PLACE OF CLOSING: Closing shall be held In ilia county wherein Ilia final PmpeUy Is Incaler) of Ihr nrhr.P of Iha a11nnry its other rlovirq Pgerd dosignaled by Sellev
1. IIMEt 11" periods homin of loss than 0 days shall In tiro comlxAabon ercl,xin Splwdnys. Sundays mil stale of nalionat legal hnluiays, 1,v( any lithe pel;od Provided for )late,,
which shall end On S31wday, Sunday or a legal holiday shall extend to 5 00 p in of Ilse next business day
J. DOCUMENTS FOR CLOSING: Seller shrill furnish The deed, bill of sase, mochnnlc's lien nlroavil, issignmcrnls of irases, is nant Arid mnrtnaoee esloppot lellera and corrective inslrurnenrx
Buyer shall furnish closing stnlemenl, mortgage, mortgage note, security 0greemenl ntd financing slAtoninnls.
K. EXPENSES: Documentary stamps on tt,s deed and recording correclivO bisbumanis shall be pnid by Seller. Docuntertiany stamps, Inlangilfte Pax and recording. p;Pchase Most, .
norloage to Senor, deed and financing statoments shall be paid by Buyer.
L PRORATIONS,, CREDITS: Taxes, assessments, tent, interest, insurance and Other axpensas n,ui ravenu0 of rmpwly shrill be prorated Ihna+gh day belorn closing. Sryer shall haw
the option at taking over any existing pdkles of Insurance. It rissumable, In which event prernis is %flat) be p,oralod. Cash at clossnp shall be Increased or decreased ns may b,
occulted by proraliOns. Proration will be made through day prior le occupancy If occupancy occurs before ctnsl,g Advance rrnl and smcudly daposils will be credited to Sryer a,.
esaOwo deposits field by mortgagee will be credited 10 Setter. Taxes shall be prorated Ionics) on Ilia curtmll year's tax with dun nituwanlro made for max;murn atiowive discount
homestead and other exemptions. If closing occurs of a dale when ilia current year's milinge Is nil fixtsd and curreni year's assessment is available, taxes will be prorated base .
upon such assessment and the prior year's millage. II current year's assessment Is not nvailable, Then taxes will be nro,aled oil lisp note, yam's lax. II them are completed imp,ovemenl-
ar the Real Properly by.January 1st of year or closing which Improven+onls were not In exisle,x:e on .)anti .1ty 151 of iho prior year, then taxes shall be prorated based upon I1,
affair year's millage and at all equitable assessment to be agreed upon between ilia parties, failing which, rogue ^.l will bo nlndn 10 llla Ccwnly Properly Appraiser for an Inform,
assessment taking Into eonstdenalion available exemptions. Any lox pmoAllan based on nn eslin. ate shn t. tit tenuosl of eithe, Buyer or Seller, be subseeuonity readjusted upon receii
of tax bill on condition that a statement to that effect is In the closing slalement
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ralilied special eseassmenl lions as of data of closing (not as of E(tectiva Date) we to be paid by Seller. pe,dissg lien
as d. dale of closing st.oll be assumed by Buyer. it the Improvement ties been sub+tnnliany cc opinled ns of Cifnrlivo Dare, such pmndi,q lien shall be considered corlilted conhnnr,
or ratified and Seller shall, at cbsing, be charged an amount equal to the Iasi aslimnle of nssessnlrnl Inr Ili, kmpinvenu• it by Iha publir. hotly.
M INSPECTION, REPAIR AND MAINTENANCE: Seller warrants 11.11, as of 10 days Prior In CIOSblg, Iho c069. ormr (i,nckxllog the la$CIA nrxf solllls) lord exic0or ad Interior vin•
seawalls (or equhslent) and dockage do nol have any VISIBLE EVIDENCE of Jenks, walar damngp or sirurlural damage nwi lions Iha %nplk fonts, pool, nil appliances, ox•chnF .•
Items, healing, Oodinq, electrical, plumbing systems and machinery are In VvOn1(ING CONt)(IION nlrymr may, At Buye's axpensq Imvrt Inspections made of those Iles by n bee
or kdividuat speefaliling M home Inspections and holding an occroilbilal license for surh p,upose (it stratified) or by nn npproprlmlaly licensed Florida contractor. Buyer shall, ptL-
to Buyer's Occupancy or not less than 10 days prior to closing, whichover occurs first, scroll In sump In Seller such limns Ilml do not naml Iha above standards as to ttrleck
Unless Buyer reports such detects within that time, Buyer shelf be downed to have waived Seito,'s warnnitm ns in dc)ncls nnl repoiled. It ropiths or replacements are require.
Seller shall cause such repairs to be made and Shalt Pay up to 3Y. of Ilia pirchose price lot sisch mpalrs or oeolacernrnls ns may bo required in order to place such Items in WORKIPh
COMMON. It the cost for such repairs or replacement exceeds 3Y. of ilia purchase price, buyer or Seller rimy elect 10 pay such excess, failing which either party may cane,
tits Contract, it Seller Is unable to correct the defects pray to closing, lite cost thereof shall be paid Into escrow at closing Seller will, final, reasonable ratite, provide vliblies service
and access to the Properly for insPeelions, inckfdiAp a walk - Through prior to closing Between Effective Dale and Iho dale of closing, except for repairs required by this Slardar-
Seller shall maintain Properly. Including, but not limited lo, tine Iowa and shrubbery, in lite condition heroin warranted, ordinary wear and tell excepted.
0. RISK OF LOSS: 11 the Property is damaged by fire of other Casually before closing and cost of resloralion ones not exceed 3% of Ilia assessed valuation of Ilia Properly s•
damaged, cost Of restoration shall be an obtigalion of the Seller and closing shad proceed Purstmnt to (tie leans al Contract will fesiofnbon costs escrowed at closing it she ca-
--of resloralion exceeds 3% of the assessed valuation of Iho Improvements so damaged. Buyers shall have ilia option of either taking Properly as is, together with either Ilia 31� n
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Ihis COnllacl nod receivlrig r turn of deposil(s).
P. PROCEEOS OF SALE: CLOSING PR0CEDUnE: The dead shrill be recorded upon clammnco of lands. It abslincl, evidence of title strait bo conllnued o1 Buyers oxpenso to site,
title In Buyer, without any encumbrances or change which would render Seller's title unnmrkelablo from Ilse dalo of Ilia last evidmcr.. Pmceods of the sale shall be held in oscro -.
try Seler's attorney Or by such other mutually acceptable escrow agent for a period at rol longer Ilion 5 days front and after closing dale. It Seller's title is rerxlered unmarkalabl,
through no Iaull of Buyer, Buyer shall, within the S•day period, notify Seller In writing of ilia dolocl and Seller shall hnvr 30 days from dale of receipt of such notiftcalton to L.,,
the defect. N Seller tails to timely cure file delecl, all deposil(s) and closing funds shall, upon written demand by Sger and within 5 drys alter demand, be returned to Btryer an
simultaneously Willi such repayment, Buyer shall return Personally and vacate Properly and reconvoy It 10 Seller by special warranty dord. If Buyer fails 10 make timely demand 1,
ttlud, Buyer shell lake title as Is, waiving all rights against Seller as to any inlcrvaninp dalacl excenl ns nifty he available to Titryor by vfrlue of warmnlias confalned In Ilse doe,
It a Pottion of the purchase price is to be derived from institutional financing or refinancing, re(Jndtantonls of ilia len0ng Inslihdion is to Place, little of day And procedures la ctosbv:
and for disbursement of mortgage proceeds shell control over eonlrary provision In this Contract. Seller shun hove Ilia fight to require from Ilia lending inshlution a written commilmet
that 11 will not withhold disbursement of mortgage proceeds as a result of any title deincl allritsIdabio to Buyer- rnorlgnoor, lire escrow lord closing procedure required by this Shinano
may be waivedfl title agent Insures adverse mailers pursuant to Section 627.704 1. F.S. 11900), As auendad.
0. ESCROW: Am' escrow agent (" enl ") receiving funds or equivalent is authorized and agrees by acceptance al (horn to deposit them promptly, hold same in escrow And, subjer
to elparonea, disburse them in accordance with terms and conditions of Contract. Failure or elearlrtco of funds shrill flat enclose Buyers performance. If in doubt as to Agent s duti•
or liatoihlies under the provisions of Contract. Agent may, at Agent's option, continue to hold Ilia subjecl rnallrr of the escrow unlit Ihn willies mulunlly agree to its d,slursenet
or until a jvdgmeni of a court of competent jurisdicllon shall determine Ilia rights at Iha parties Or Agent may deposit santn will, Ilan clatk of Ilia ci,cuil court having jwisdictin
of Ile dispule, Upon nolilying all parties concerned of such action, all liability on Ilia pall of Aonnl shall lolly tefintnalo, except 10 Ihr, extent of accounling for any ilr,,ns previousl
delivered oul of escrow, It a licensed real estate broker. Agent will comply with provisions at Clinpler 475, FS 119891, ns Amended, Any atoll between Boyer And Seller wherein Agri
is made a PArly because 01 acing es. Agent hereunder, or In m1y still wherein Agenl lillrrpleads Iho suuincl naPler of the escrow. Agent stall recover reasonable attorney's lee
and costs focussed with the leas and costs to be paid Irony orld out of Ile eacroworl funds fir crll4valrnt most changed and awrmded ns cord costs In favor or the pievalllnp part.
Parties agree that Agent shall not be liable to any party or person lot misdalivery In Duyer or Seller 01 Items subjrcl 10 Ihis rsrmw, unless $rich mlscfelivery Is dire 10 wlalul limit
of This Contract or gross nepligance of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation 01151np ad 01 this Conlrocl, Iha plevniln,g proly in such I11gali0lr which, for Ilia pufpnses M this Slnndard, shall bnclwla Seller, Bttyr
ssling broker, Buyer's broker and any subagenl3 to Ilia Ilslirq broker or Buyer a broker, shall be rnldlnd In nacnver reasonable nllor icy s Ives nrxf costs.
S. FAILURE OF PERFORMANCE: If Sryer falls to perform this Conlrncl within Ilia liana spucifieff, 1110,101110 pinyon it of all dapositls), ilia dafwsfl(s) paid by Buyer and deposit(,
agreed 10 be paid, may be rONirad by or for Iho aecounl of Seller as Agreed umnn litantfalsid danlntlas, conetdcrnlbn roe the nauculion of Ibis Contract Cod In hill teltlentent of on
claims: whereupon, Buyer and Saaar.shall be relieved or toll obligations unalif Contract; Or Spirit. .11 Sellers oplfon, may ptocced In equlfy to enforce Seller's rights under this Conlin-
11, for any reason other Ilion (Allister of Sailer to make salter's bile ma,ketAble nhat diligent allffl. Stiller Inds, nog(ects Pt tnluses in perform this Conlracl, ilia Buyer "say seek specih
Perlormaace or elect to receive Iha return of Buyer's deposil(s) without thirstily waiving Ploy Pdtrdt Inr damagns resulllgl Iran Sellers s brrarh.
T. CONTRACT NOT RECOPDABLE; PEnsoNS nOUND' NOTICE: Nn,(bef Ih,t Cmdra,I inn any u,abco at it. slontf too r,conleff II any POblic rneofd% this Gorham shall bintt lot
byre to the benefit OI Ilia parties and IIw1r successors In idlelnsl Whvnevr, Iho rantrr.l prnuds sPtgulnx shrill InchAln plum, 1 and bun gervlrir sltall I dodo all ilobcn given try +
to the attorney lox any party shall be as ellective ns it given by at to Ihm patty
U. CONVEYANCE( Seller shell convey title 10 Ilia 110.11 Property by slnhdnry wa"a ty I,rr.trn 4 prnsni:d ,rmnsrrd: 1'."s fir g„a,nn" s deal hs apptnpsta14 In Iha Saws of
aLbjecl sty to rnallers eonleinod In Parnpradh VII aid Ilwse oiherw,te wrrrpuvl by 11,rr, Pms.„nmy ahnn pt rn,l,orsl of fbrrer. 1,n I�v,xrmrrd by n,r nhs•rkdn 1,,H nl Barn wuh w:rra •
of line, aub)ed Only la sliest matte+. as may b1, otter wi3e Provalerl for hmmn
V. OTIIEP AGREEMENTS' No p,br of fueseni agreements pr rrprr5rnipbr 115 a f h. r e 1 r; i t 11"p, r eel", o„•11st I., r. I ,I n, 16,9 r'„ +eras l Ili nirubly 1r n n, el, ,
Ibis CDntfac( than be valldpr btndirg upon ilia nallnaS halos in w,tiutg 1,,+,t nom ,,r. =w,y H r• i „<,. I psi t , b + -.1 r. t 1 -slit
W WARRANTIES: Seller warrants 11,01 11kle are no Iaris kiln.,. ul 5rrr, n,. 1, -, r xl , a r 11 ..., r . rat, • ,v t ,rte , , r r x,,...., r.v N ..
rate'nol been disclosed to buyer.
ADDENDUM TO CONTRACT_FOR SALE .AND _PURCHASE
THIS ADDENDUM is incorporate,] into aracl mncic+ a E,aa t of that certain
Contract For Sale And Purchase ( "Contrar.t.") datoc3 1993,
by and between JAMES E. STANDRIDGE (r';tn1 ler ") , aaacl Liam C't'l'Y <)E'�CLEARWATER,
FLORIDA ( "Buyer "), of real property as legally clesc:rihed herein. If any-
provision in the printed form of L11p c'antray.t; ir, inconsistent with any
provision contained herein, then i:tae pl- OVisionn contained in this Addendum
shall take precedence and control.
1. heBal_ g-s-u ,ptio .
The legal description of the Real Property :;lira 1 l ho as folluws:
That part of Lot 2, Block "A ", BAXSIDF. SHORES, as recox-drd in Plat book 58,
Pages 12 and 13 of the Public Records of Pinellas County, Florida described
as follows: Begin at the center of the intersection of Clearwater Pass
Avenue and South Gulfview Boulevard, in said BAYSIDE SHORES and run thence
south 89052145" East along the center line of South Gulfview Boulevard 35.0
feet; THENCE South 00 °07115" West, along tlae Easterly line of Clearwater Pass
Avenue 195.0 feet for a Point of Beginning. RU14 THENCE South 89 °52145" East
160.0 feet; THENCE North 00 107115" East 3.67.62 feet; THENCE along the
Southerly line of South Gulfview Boulevard, along a curve to the right, whose
chord bears South 88008112" West 75.66 feet-, arc :s 75.68 feet and radius is
1092.69 feet and North 89052145" West 74.38 feet; THENCE along a curve to the
left whose chord bears South 45007+15" West 28.28 feet, arc is 31.42 and
radius is 20.0 feet; THENCE South 0007115" West along 'the Easterly line of
Clearwater Pass Avenue, 145.0 feet to the Point of Beginning,
LESS AND EXCEPT THAT PORTION OF THE PARCEL DESCRIBED AS FOLLOWS:
Commence at the Southwest corner of Section 17, Township 29 South, Range 18
East, Pinellas County, Florida; THENCE North 89010'31" East, (Bearing based
on O.R. 1342, Page 275, Public Records of Pinellas County, Florida), along
the Southerly boundary of said Section 17, a distance of 843.48 feet to a
point on the baseline of Survey of Gulf Boulevard, as now established; (the
next five courses are along the baseline of survey of said Gulf Boulevard),
THENCE North 42013131" East, a distance of 1983.25 feet; to the beginning of
a curve, concave Northwesterly, having a radius of 1909.86 feet and a central
angle of 2901615511, THENCE Northeasterly along the arc of said curve to the
left, a distance of 976.06 feet, to the curve's end; THENCE North 12056'361,
East, a distance of 1967.96 feet; to the beginning of a curve, concave
Westerly, having a radius of 310.00 feet and a central angle of 12015'13",
THENCE Northerly along the arc of said curve to the left, a distance of 66.30
feet, a chord which bears North 06049100" East, a distance of 66.17 feet to
the curve's end; THENCE North 00041123" East, a distance of 106.24 feet;
THENCE South 89018137" East, a distance of 35.08 feet, to a point on the
Easterly right'of way line of said Gulf Boulevard and the Northerly right of
way line of South Shore Boulevard and the POINT OF BEGINNING; THENCE North
000381571' East, along the Easterly right of way line of said Gulf Boulevard,
a distance of 144.95 feet; to a point of intersection with a non- tangent
curve, concave Easterly, having a radius of 20.00 feet and a central angle of
3604314011, THENCE Northerly along the arc of said curve to the right, a
distance of 12.82 feet, a chord which bears North 18039156" East, a distance
of 12.60 feet; to a point of intersection with a non - tangent curve, concave
Easterly, having a radius of 1006,74 feet and a central angle of 0400510611,
THENCE Southerly along the arc of said curve to the left, a distance of 71.78
feet to the curve's end; THENCE South 08024119" East, a distance of 75.00
feet; to the beginning of a curve, concave Westerly, having a radius of
989.93 feet and a central angle of 0004015811, THENCE Southerly along the arc
of said curve to the right, a distance of 11.80 feet to the point of
intersection with a non- tangent line of said South Shore Boulevard; THENCE
North 89018137" West, along the Northerly right of way line of said South
Shore Boulevard, a distance of 26.25 feet, to the POINT OF BEGINNING;
Containing 2214 square feet, more or less.
Page Iof2
W
2. Cloning.
The closing shall take plat o. wi t_h i n 45 cinys of t:he (late of receipt by
seller of written notice from Buyer. confii,mitig Buyer's intention to exercise
its option to purchase the real, properly descrihpcl herein, delivered
certified mail, return receipt; but in tic event shall closing take place
later than , 1994, and Upon the following terms:
A. Seller shall convey the Real. Proporty to Buyer by special warranty
deed.
B, Buyer shall pay at closing documentary stamp taxes on the special
warranty deed, ad valorem taxes clue to (late of closing for the
year 1994, based on the latest curUfi.ed property tax rolls, and
the costs of obtaining the tit:lo insurance commILmont and policy
described in the Contract.
C. Buyer shall further pay to Seller at closing nd valorem taxes paid
by Seller for the year 1993 at the may.inium d1srounted rate allowed
if the taxes were paid prior to the end of tiovembor, 1993.
D. Two hundred Thousand and--- No /100cs--- Dol1ar.s ($200,000.00) of the
Purchase Price shall be placed in escrow ( "Escrowed Funds ") with
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. at closing,
pursuant to the terms of a separate escrow agreement to be
executed at closing, to cover estimated costs of environmental
clean -up of the Property as explained in the letter to William C.
Baker from Gurr and Associates, Inc., dated September 28, 1991, a
copy of which is attached to this Addendum as Exhibit "A -111.
E. Upon completion of the environmental remediation of the Property,
as evidenced by a Site Rehabilitation Completion Order issued by
the Florida Department of Environmental Regulation pursuant to
Chapter 17 -770, F.A.C., or equivalent documentation from the
appropriate regulatory agencies, Seller shall be entitled to
receive the Escrowed Funds, together with all interest earned
thereon.
WITNESSES:
COUNTERSIGNED:
Rata Garvey, Mayor - Commissioner
Approved as to form
and correctness:
M. A. Galbraith, Jr.
City Attorney
SELLER: (.lames E. Standridge)
James E. Standr.idge
Date:
BUYER: (City o[ Clearwater)
By:
Michael J. Wright, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
Page 2 of 2
C INC. s11 lC1 /00 l! � tAr i.b u•r
• J � � t •.. Lei 1�11!I{li `V /`:Y 1 � ✓,;.• f.� li.�
GI, RR U" ASS0Gt.. ,_ , IJf;T 31991 u � s �� ►,
SOU S0u111 k10110i AvtuuE Sulu lob UA' n Uai ?L !lLr j
lakeland Ficilds 33801
16131 EAI•JESF' t•OOO fin -GliflR
I1z lb 131 GHO 4 4211
EXIIII31T "A -1"
Mr. Bill Baker
Director of Public Works
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618
Dear Mr. Baker,
Sclyieniber 28, 1391
1Zr.: ,Stalldrioge Propel-ty
521 t:ieartivatrr PUSS Avcltnt"
Clearwatcl 1Teuch, Florida
hI)1�,1t 1,Flcility #529102467
Per a request from Steven Seibert of Johnson, 131akely, the following is the Gurr
& Associates, Inc. (GAI) plan to conduct site rehabilitation services oil the above
property, on behalf of our client, Mr. James E. Standridge, In accordance with
Chapter 17 -770 of the Florida Administrative Code (F.A.C.).
As you are aware, on August 30 of this year, the Florida Department of
Environmental Regulation (FDER) ruled that Mr. Standridge's property is
eligible for cleanup of petroleum contamination under Florida Statute, Section
376.305 (7). This statute allows for reimbursement of responsible party costs for
site rehabilitation through funds from the Inland Protection Trust Fund.
Subsequently, on September 9, Mr. Standridge executed an agreement with GAI
to rehabilitate the site on his behalf. 'I'1 }is agreement obligates GAI to remediate
the site in accordance with Chapter 17 -770, F.A.C. In exchange for this
obligation, Mr. Standridge has assigned his rights to reimbursement of
rehabilitation costs to GAI. .
Chapter 17 -770 prescribes certain remediatioli tasks to be completed prior to
issuance by FDER of a Site Rehabilitation Completion Order. This Order
certifies that all site cleanup objectives have been achieved. GAI cannot provide,
at the present time, an exact schedule of completion or a tightly defined estimate
of site rehabilitation costs. However, from our experience in conducting similar
cleanups in the past, and after reviewing the data supplied to us by Mr.
Standridge, we believe that the approximate time to conduct full remediation
activities on this site will be between two and three years. Additionally, our
preliminary estimate is that the costs to ColnplCtc the prescribed tasks will be
about $170,000 to $200,000.
o`J�i y
50
Mr. Bill Baker
September 28, 1991
Pane "Twc►
On September 3, I spoke to Mr. C:ccil I lende' ,on, fion► your sl,11`r, we discussed
GAI's schedule for site rehabilitation as it relates to tile, proposed schedule for
construction oil the new Clearwater Pass bridge and tcalif;rtnlctlt project. In
general, petroleum contaminated site rehabilitation consists of two ma jor
eletnettts - soil rernediation and groundwater renlc(liatioll. Contaminated soils are
ordiridrily excavated and removed front the sits. This stel) is usually
accomplished early in the rehabilitation process (nonn,tlly within the first six to
twelve ]nonlhs). Groundwater rcn►cd aliolt, however, is a Stnlge.r term prcss
ofte -r] taking two to three years: C lcanup of trt>unclw %►ter i.: generally
accomplished through a process of water extraction, fille ing arid /or stripping,
and then returning the decontaminated water trick to the ground. I discussed this
process with Mr. Henderson and assured him that following soil remediation,
with few exceptions, a site can be used for conitnercial or industrial activity while
the longer term groundwater reinediation is taking place. 'file only aboveground
area required for the filtering /stripping equipment is a space about ten foot
square. Additionally, this equipment earl usually be located in an area on the site
that will not disrupt other aboveground activities. "Thus, from my discussion with
Mr. Henderson, I do not believe that GAI's site rehabilitation activities will
conflict with the City's plans for construction on this property.
Be assured that GA,I is committed to working with Mr. Standridge and the City of
Clearwater to fully rehabilitate this site in file most expeditious planner possible,
and with a minimum amount of adverse affects on the City's plans for use of the
property. Please feel free to contact tile at ally tithe if you require further
clarification of our plans in this regard.
Sincerely,
Edwa .Krueger
Direc of Operations and
Support Services
cc: Steven M. Seibert
Johnson, Blakely, et. al.
n Cr
ON EXHIBIT "C"
-ESCROW AGRGGr1Et T
Till$ ESCROW AGREEMENT is made on , 1.993, lrrtween JAMES E. STANDRIDGE
("Seller"), the CITY OF CLEARWA TER, FLORIDA (''liuyi r" j , and 00IMS011, 8LAKEI.Y, POPE, RUPPEL &
BURNS, P.A. ( "Escrow Agent ").
1tECITAl.S :
A. Seller and Buyer are aimultaneounly llek4lwLtll closing the nale and purchase of the
Property described on Exhibit "A" attached hereto and incorporated herein (the "Property ")
as contemplated in that certain Contract foc. Purebano and Salr. rlat,erl
(the "Contract "); and -- — B. The Contract provides that Seller shall cemplet.n certain environmental remediation
With respect to the Property after the clocind of the transaction contemplated therein; and
C. The parties hereto agree that cert.aln En'ncendn owrarl t.o Seller at cloning shall be
held in escrow until such time an the condit•ionn hereto havo born met, at which time the
proceeds shall be paid to Seller; and
D. Escrow Agent has consented to act an Enerow Aclent to receive and hold the escrowed
funds on the terms and conditions set Earth hezeln.
NOW, THEREFORn, in consideration of the imat.ual Promises cont.alnt-0 herein, it is agreed
an follows:
1. REC TAh
reference, 5_ "Id The above recitals are true and correct an arc, incorporated herein by
2. ESCROW DEPOSIT Escrow Agent hereby acknowledges receipt- of and shall hold in
escrow, for the purposes hereinafter set forth, funds in the amount of Two hundred Thousand
and--- No /100's - -- Dollars ($200,000.00) ( "Funds "). Escrow Agent shall place the Funds in an
interest- bearing account, with interest accruing in favor of the "',M er.
3. REMEDIATION AGREEMENT
a. The property shall be remediated in accordance with the Contamination Assessment
Report prepared by Gurr and Associates, Inc., or as identified in additional assessments that
may be required by the appropriate regulatory agencies including, but not limited to, the
Florida Department of Environmental Regulation ( "FDER "), which contamination has to crate been
identified as petro- chemical in nature, but which may include other contaminations shown by
Buyer to exist on the Property prior to closing, requiring remediation by appropriate
regulatory agencies.
b. Buyer shall provide Property access to Seller and Seller's consultants for
investigation and remedial purposes at such times as are reasonable and necessary for
performing the remedial work.
c. Seller will provide Buyer and Buyer will provide Seller, as appropriate, with
copies of any correspondence with the appropriate regulatory agencies regarding remedial
activities on the Property. Whenever possible, Seller will provide Buyer with copies of
proposed remedial work for review and comment by Buyer; however, Buyer recognizes and agrees
that Buyer shall- have no right of prior review or approval of any site investigation,
remedial plan, or remedial action or other steps proposed to be taken by Seller or
appropriate regulatory agencies and sole approval and responsibility for such actions,
whenever necessary, will rest with Seller and the appropriate regulatory agencies.
d. Buyer agrees that the determination of when the Property has been remediated
shall rest solely with Seller in conjunction with the appropriate regulatory agencies, as
discussions and negotiations between those parties may determine, or if an accord cannot be
.reached, the determination shall rest solely with the appropriate regulatory agencies.
4. RELEASE FROM ESCROW Escrow Agent shall hold the Funds in escrow until such time
as it receives:
a. Written evidence of completion of the environmental remediation of the Property
in the form of a Site Rehabilitation Completion order from FDER or equivalent documentation
from the appropriate regulatory agencies. Upon receipt of such documentation, Escrow Agent
shall forward to Buyer and Seller via facsimile machine a copy of such documentation.
b. Notice that the Funds represent "cleared funds" and are available for
disbursement from the financial institution the Funds are deposited with.
5. DISBURSEMENT FROM ESCROW
a. Instructions to Escrow Agent. The following procedure shall be used by Seller
and Buyer concerning instructions to Escrow Agent-:
(1) All instructions to Escrow Agent shall be in writing and signed by
Seller or Buyer, a copy of which shall be immediately furnished to the non- instructing party
by Escrow Agent.
(2) Escrow Agent shall not diuburse the Funds in the event Escrow Agent
receives written notice of objection thereto from either party witltia five business days of
Escrow Agent'e receipt of instructions or documentation from either paal:y.
Page 1 of 3
,
b. iisbursement And Recording. If Escrow Agent has not received objection thereto
as provided in Paragraph 5(a)(2) ^.hove, and upon compliance with and satisfaction of those
provisions set forth in Paragraph 4 above, Escrow Agent shall disburse the Funds, together
will all interest accrued thereon, to Seller, lit Lite form of Escrow Agent's trust account
check.
6. GENERAL PROVISIONS
a. ..omo ete Instruction%. This Escrow Agreement shall constitute full and
complete instructions to Escrow Agent regarding the disbursement of the Funds held in escrow
pursuant hereto.
In the avant that the provisions of Paragraph 4 above have not occurred on or before January
1, 1595, then Escrow Agent shall do the following and will thereby he relieved of all duties
hereunder: return the Funds, together with all interest accrued thereon, Lo Buyer, in Lite
form of Escrow Agent's trust account check.
In the event that Seller and Buyer agree to exLo nd thin Enat'ow Agrepurnrit for a period beyond
January, 1, 1995, thon Seller and Buyer nhal.l doliver joint. lnntrucLinnn, signed by all
parties, extending thin Escrow Agreement to a daLe certain an ngrerd Lo by Seller and Buyer.
b. Duties Limited To Instructions. Except as specifically provided herein, Escrow
Agent shall have no duty to know or determine the performance of nonperformance of any term
or condition of any contract or agreement- between Seller and Buyer; and the duties and
responsibilities of Escrow Agent are limited as provided in this Escrow Agreement.
C. Indemnification Of Escrow Agent. Should any litigation arise out of or in
connection with this Escrow Agreement, then Seller an6 Buyer, whichever is the non - prevailing
party, shall pay on demand, as well as indemnify and hold Escrow Agent harmless from and
against, all coats, damages, judgements, attorneys' fees and court costs (including, but not
limited to, attorneys' fees incurred in connection with enforcement of this indemnity and
time charged by paralegals or other staff members operating under the supervision of an
attorney), and other costs incurred in enforcing this Escrow Agreement, including expenses,
obligations, and liabilities of any kind or nature incurred in such litigation, whether
incurred at trial, at arbitration or on appeal; and Escrow Agent is hereby g;'.ran a lien upon
all rights, titles and interests of such non - prevailing party in all its escrowed papers and
other property deposited in this escrow, to protect its rights and to indemnify and reimburse
it under this Escrow Agreement.
d. Nonliabilitv in the Event of Invalidity of Documents. Escrow Agent, acting as
an escrow agent, shall have no responsibility for the authority or validity of any document
deposited hereunder. The sole duty of Escrow Agent with respect to such documents is to hold
and dispose of them as herein provided.
e. Construction or Interpretation of Documents. In accepting the Escrowed Funds
and Documents delivered hereunder, it is agreed and understood among the parties that Escrow
Agent shall not be called upon to construe any contract or instrument deposited herewith in
its capacity as Escrow Agent.
7. KOTICV,S. Any notice to be given or to be served upon any party hereto, in
connection with this Agreement, must be in writing and may be given by certified mail or
guaranteed overnight delivery service, and shall be deemed to have been given and received,
if sent by certified mail, when a certified letter containing such notice, properly
addressed, with postage prepaid, is deposited In the United States Mail, or, if sent by
guaranteed overnight delivery service, when a letter containing such notice, properly
addressed, with delivery charges prepaid or provided for, is deposited with the guaranteed
overnight delivery service; and, if given otherwise than by certified mail, it shall be
deemed to have been given when delivered to and received by the party to whom it is
addressed. Such notices shall be given to the parties hereto at Lite following addressee:
FOR SELLER:
James E. Standridge
116 Harborage Court
Clearwater, Fl. 34630
ESCROW AGENT:
Timothy A. Johnson, Jr.
Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
911 chestnut Street
Clearwater, F1. 34615
FOR BUYER:
City of Clearwater
P. O. Sox 4746
Clearwater, F1. 34618 -4748
Attn: City Attorney
Any party hereto may at any time, by giving five days written notice to the other party
hereto, designate any other address in substitution of the foregoing address to which such
notice shall be given and other parties to whom copies of all notices hereunder shall be
sent.
8. LIABILITY OF ESCROW AGENT.
a. Escrow Agent will serve hereunder with remuneration; and In no event shall
Escrow Agent be liable either to Seller or Buyer, or their respective heirs, successors,
assigns or legal representatives, for any act of failure to act by Escrow Agent pursuant to
this Escrow Agreement, provided such act or failure to act in in good faith.
Page 2 of 3
00k 0-1-1
b. In performing any of its duties hereunder, Escrow Agent shall not incur any
liability to anyone for any damages, losses or expenses, except for gross negligence, fraud
or willful liability with respect to any action taken or omitted in reliance upon any
Instrument, including any written inntrumn:nt or innLrucLlon provided for i,n this Escrow
Agreement, not only as to its due execution and validity and effe.ctivenenn of its provisions,
but also as to the truth and accuracy of any infolination contained therein, which Escrow
Agent shall in good faith believe to be genulne, to have been nigned or presented by a proper
person or persons and to conform with the provinirins of this Facrow Agreement. Each of the
parties hereto expressly releases Escrow Agenl: from any rind all linitii.lity for any act or
failure to act hereunder, except for grono negllfinnee, fraud Or willful malfeasance.
c. Upon disbursement of the Fundn an votpilred by thin Escrow Agreement, this
Escrow Agreement shall be terminated and EnCrhw Agent shall have no further liability
hereunder.
9. j',IABILITY OF BUYER, Seller will indemnify, defend, an(] hold Buyer harmless from
and against any and all claims, demands, _suits, loosen, damages, assessments, fines,
penalties, costs and other expenses (including attorneys' (een and court canto) arising from
or any way related to actual or threatened damage to the environment, agency costs of
investigation, or remediation, personal injury or death, or damage to property, including any
claims from third parties not party to thin Agreement due to tire contamination which is the
subject of this Agreement on or under the Site, the Property, or any nearby properties owned
by the parties, their successors, or third parties riot party to thin Agreement but claiming
damage or injury (the "potentially affected properties "), or in the surface or groundwater
located on or under the potentially affected properties or any other condition existing on
the potentially affected properties resulting from the contamination which is the subject of
this Agreement, whether such claim proves to be true or falne. The term "property damage"
as used in this paragraph includes, but is riot limited, to damage to the property of the
Buyer and of any third parties. Seller's liability shall not be limited to the amount held
in escrow, but shall extend to the amount ultimately determined by Seller, Buyer, Claimants,
or appropriate regulatory agencies, or a court of law with property jurisdiction, an
appropriate.
10. LEGAL ACTION. In the event a dispute arioes between Seller and Buyer sufficient
In the discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled to
tender into the registry or custody of any court of competent j +irisdiction all money or
property in its hands under this Agreement, together with such legal, pleadings as it deems
appropriate, shall thereupon be discharged from all further duties and liabilities under this
Agreement as Escrow Agent-, and shall thereupon be entitled to represent Seller in any and all
proceedings. Any such legal action may be brought in such court as Escrow Agent shall
determine to have jurisdiction thereof. Buyer acknowledges that Escrow Agent is the law firm
which has represented Seller in connection with thin transaction; and Buyer consents to such
continued representation, including representation of Seller in any disputes which might
arise in connection with this Escrow Agreement, the transactions contemplated hereby or
matters related to any of the foregoing.
11, r1PPLICABLE LAW. This Escrow Agreement shall be governed by and construed in
accordance!irrith the laws of the State of Florida.
12. BINDING EFFECT This Escrow Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
13. TERMINATION. This Escrow Agreement and the obligations of Escrow Agent shall
ownrw uVOn th® deltverry of the Funds as eat forth herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year first above written.
WITNESSES:
Countersigned:
Rita Garvey, Mayor-commissioner
Approved as to form and correctness:
M. A. Galbraith, Jr., c ty Attorney
SELLER: JAMES E. STANDRIDGE
James E. Standr dge
BUYER: CITY OF CLEARWATER
Byr
Michael J. Wright, City Manager
ATTEST.
Cynthia E— .i5oudeau, City Clerk
ESCROW AGENT: JOMtiSOli, 11LAKELY, BOKOR,
RAPPEL F. BURNS, P.A.
Bye
i'imoL'liy A, aolinson, Jr.��
Page 3 of 3
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I He Name — Bridge_
William C. Baker
Public Works Director
City of Clearwater
P. O. Box 4748
Clearwater, F1. 34618 -4746
1q.P.1. 110.
:726698
project 110.
:15140-2518
state Road NO-%699
T'7\P 110.
: BRN- 1255 - (8 )
County
:Pinellas
parcel No's.
:102.1
'702.. 1
RE: U. S. Taxpayer identification Number
Dear Mr. Baker:
Pursuant to Section. 1445 of the 1.nt'ernal Revenue Code which
provides that a transferee (buyer) o[ a U.S. real 1.>rOperty interest
must withhold tax if the transferror. (seller.) is a foreign person
or entity, I hereby provide you with the following information:
[ ] social Security Number
-or-
[ ] Employer Identification Number
[ j Home Address
-ar-
[ j Business Address
I understand that this information may be disclosed to the Internal
Revenue Service by the City of Clearwater as transferee,
or any representative thereof, and that any false statement made
could be punished by fine, imprisonment, or both.
Upon closing the above identified transaction I will execute the
appropriate affidavit confirming the information contained herein.
Date James E. Standrzdge
STATE OF FLORIDA }
COUNTY OF PIN ELLAS }
�1
PUBLIC DISCLOSURE ACT
DISCLOSURE AFFIDAVIT
47.P.I. No.
:7126698
Project No,
:15140 -2518
Stage Roacl 11o.:699
1'AP No.
:BRN- 1255 —(8)
County
:Pinellas
Parcel. No's.
:102.1 & 702.1
BEFORE ICE, the undersigned authority in paid county and state, personally
appeared who being first duly sworn,
deposes and says that- lie -^
[ ] (a) President (or vice President) of _
Corpora— tioti authorized to do business
under the laws of Florida; or
[ ] (b) A Partner (or Limited Partner) of the firm Of _
composed of
and , doing business under the name of
or
[ ] (c) Trustee of __ _ Trust; or
I ] (d) Other -
holding title to real property described in Lxhibit "A" ~attached hereto and
by this reference made a part hereof hereby certify that the names and
addresses listed on Exhibit "B" attached hereto and by this reference made a
part hereof are the names and addresses of every person having a beneficial
interest in said real property, however small or minimal, and do hereby file
this Affidavit for the purpose of complying with the provisions of Chapter
74 -174 (Chapter 266.23 F.S.), Laws of Florida, Public Disclosure Act.
(Affix Corp. Seal) (Deponent
(if applicable,,
(Address of Deponent, Required
by Chapter 74 -174, Laws of Florida)
(Attestation by Secretary or Assistant
Secretary if Deponent is officer of Corp.)
Sworn to and subscribed before me this day of-
William C. oakdr
Signature of Person taking acknowledgment
Type /printJotatnp name of acicnowlcclge
Title ox kat�k,�Ser:ial No.., Ir any
110. :726698
1993.
PUBLIC DISCLOSURE ACT
DISCLOSURE AFFIDAVIT
EXHIBIT "1311
IN REa Parcels 102.1 & 702.1 (JalneS E. ,ta2�dr�Qc�e, Owner o[ record)
Name llame _
Address Address - --
dame
Address
Name
Address
Name dame
Address Address
Name
Name
Flame
Address
Address
_
Name
Name
Address
Address
Name
Address
.�,
, a m e
PR
'Address
Name
Address
Name
Address
Name
Address
Name
Address
tdame
Flame
Address,_._
Address
_
Name _
flame
Address
Address
Name
Name
_ Address r
""`
Address
, .... a
` C I T X O F (; L E A It NV A T r It
=f
^:f POST OFFICE- Box 4748
-� CLCARWATER, FLORIDA 34618.4748
Public Works Department
(813) 462 -6639
August 10, 1993
AUr - +4
Mr. Rex Owen, Esq.
Owen, Crawford & Owen ' r
Attorneys at Law
157 Central Avenue
P. o. Drawer 000"
St. Petersburg, Fl. 33731
RE: Amended Right of Way purchase offer - Fisherman's Wharf of
Clearwater, Inc.
Dear Mr. Owen:
On May 28, 1993 the City sent a purchase offer via certified mail
to the president and other owners of Fisherman's Wharf of
Clearwater, Inc. proposing to purchase the right of way required
from the corporation for construction of the new Clearwater Pass
Bridge. The purchase offer was based on a May 5, 1993 appraisal
performed for the City by The Centerline Group, Inc. and included
a proposal for curing any damages to the remainder of your client's
property by providing off site replacement parking and access on a
parcel the City proposed to obtain from Mr. James Standridge. In
discussions with City staff, you and Mr. Crawford have indicated
the proposals made for parking replacement were a generally
acceptable approach to curing damages to the remainder parcel.
Notwithstanding any merits and benefits that you, your clients, and
City staff may find in the proposals as stated above; City staff
feels obligated to present to the corporation a right of way
purchase offer based solely on the results of the Centerline real
estate appraisal, including the appraised value of the property to
be purchased, the improvements thereon, and any valuated damages to
the remainder of the property.
Based on that appraisal I am enclosing an amended offer, for
consideration by your client, Fisherman's Wharf, Inc. The total
offer is $1,325,020.00, subject to the terms and conditions
contained therein, including all items as listed in paragraph II of
the Purchase Agreement. . As you know, the Clearwater City
Commission has appropriated,additiona.l funds to pay Nick, Clarizio
to provide Fisherman's Wharf, Inc. with appraisal services, and to
pay attorney and related fees.
— trout Frtipinymrrii ;inrl Allrrntnlrvo Ar iroirr 1 mplr,yrr
Page 2
To: Rex Owen
Re: Amended Right of Way purchase offer - Fisherman's Wharf of
Clearwater, Inc.
Please discuss the enclosed proposal with your client and respond
as you feel appropriate.
Sincerely,
Earl Barrett
Real Estate Services Manager
EWB /slf
Enclosure
cc: Michael J. Wright, City Manager
William C. Baker, Director of Public Works
Paul Richard Hull, Assistant city Attorney
PURCHASE AGREEMENT
W.P.I. No.: 7216698
FAP No. N/A
County Pinellas
State Road No: S.R. 699
THIS AGREEMENT is made between FISHERMAN'S WHARF OF CLEARWATER, INC., hereinafter referred
to as SELLER, and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to as PURCHASER.
WITHESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER
hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest
therein, upon the following terms and conditions:
I. DESCRIPTION
(a) Real estat'i or interest therein, identified as parcels 101.1 and 701.1 as shown
on Right t;-f Way Maps for section 15140 -2518 incorporated herein by reference.
[XI Fee Simple (Parcel 101,1)
[ ] Permanent Easement (Section III.(b) does not apply)
[XI Temporary Construction Easement (Sections III.(b), III.(c) and III.(d) do not
apply) (Parcel 701.1)
(b) Personal property identified as follows: NONE
II. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER
at closing including fees and costs. $ 639,020.00
(b) Itemized purchase price, fees and costs:
Land and Improvements $ 564,000
Business Damages $ N/A
Temporary Construction Easement $ 68,000
Attorney Fees $ Per III(f)
Appraiser Fees $ Per III(f)
Other Closing Costs $ 7,020
(Specify)
(c) Damages (Severance /Cost to Cure) $ 686,000.00
TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS ................... $ 1,325,020.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by
PURCHASER subject to final acceptance by the Clearwater City Commission as
required by Section 119.07, Florida Statutes. Final acceptance by the
Clearwater City Commission shall denote final approval of the purchase price and
all terms and conditions contained in this Purchase Agreement and constitutes
the effective date of this agreement. A closing on this contract shall not be
transacted prior to final acceptance by the Clearwater City Commission,
execution hereof by authorized City officials, and delivery to SELLER within 15
days thereafter.
(b) SELLER is responsible for all taxes due and owing on the property as of the date
of closing.
[X] SELLER agrees that all current taxes for the year in which this agreement
is made on the property acquired shall be prorated and SELLER agrees to pay
SELLER'S share of said prorated taxes as of the date of closing.
{ ) SELLER agrees to pay all taxes for the current year.
(c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing.
Any sums which PURCHASER must =expend to clear encumbrances shall be deducted at
closing from the purchase price shown in Section II.
(d) Any extension of occupancy beyond the day of closing must be authorized by the
PURCHASER in writing. During the period from the date of closing until SELLER
surrenderb possession to the PURCHASER, the SELLER shall exercise diligent care
in protecting the property from theft and vandalism. All property, whether real
or personal., included in this agreement shall be delivered to PURCHASER in the
same condition existing as of the effective date of this agreement, less any
reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation
purposes and is being acquired under threat of condemnation, pursuant to Section
337.27, Florida Statutes.
(f) other: Attorney Fees and Appraiser Fees are to be determined and paid by PURCHASER
by seperate check from funds appropriated for these purposes by the Clearwater City
Commission at its meeting of duly 15, 1993. Closing costs being paid by
PURCHASER include title insurance policy, documentary stamps on deed and recording
fees.
Ilagw, . l of 7
W
IV. CLOSING DATE - POSSESSION
This transaction shall be closed and the instrument of conveyance delivered within
69 days of the date of final acceptance by the City of Clearwater. Possession shall be
delivered [ j at time of closing or [X) not later than (date) November 1-1993
V. TYPEWRITTEN ORUANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda,
and initialed by all parties, shall control all printed provisions in conflict
therewith. All addenda, whether typewritten or handwritten, attached hereto must be
referenced and initialed in this section. In addition, all addenda must be signed by
both the Seller and the Purchaser. There [ ) is [X) is not an addendum to this
agreement.
VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their
respective name(s).
SELLER:
Signature Date
Name (Please Print)
Title (i any)
VIII. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER
FISHERMAN'S WHARF OF CLEARWATER, INC.
Signature Date
Name (Please Print)
Title (if any)
IN WITNESS WHEREOF, the city of Clearwater has caused these presents to be accepted
this day of , 19
Countersigned:
Rita Garvey, Mayor-Commissioner
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
CITY OF CLEARWATER
Hy:
Michael J. Wright, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Pugs 2 of
I•lay 25, 1993
CI .f, -17
t, V A it IV A T 1!: 11.
P O S T O F F I C E B o x 4. 7 4 0
<;I I AItVI AI 11, 1 1 OII10A 34G10.474n
11r. Dalip Tzekas, President RI's: t ^l.l.'. 1 . 110.: 7126698
Fisherman's Wharf of Clearwater, Inc. PROJECT 110. 15140 -2518
245 Bayside Drive STATI', ROAD 110. 699
Clearwater Beach, Fl. 34630 -2504 FAI'110. BRN- 1255 -(B)
COMITY PINELLAS
PARCEL NO'S 101.1
701.1
Dear Mr. Tzekas:
As you are aware, the City of Clearwate j.s it, the process of acquiring the
needed right of way for the above referr.ecl to facility. A determination has
been made that a part of your proper. Ly will, be lleetled. A sear:cl► of the
Public Records of Pinellas County has baen made and it was determined that
property described as Pinellas County Property Appraiser Parcel No.
17- 29- 15- 05076 -001 -0021 is owned by F'i.sherman's Wharf. of Clearwater, Inc., of
which you are an officer.
The interest being acquired in your property is Fee Sim1)l.e interest in Parcel
No. 101.1 and a Temporary Construction EasemenL .in ;'Marcel No. 701.1.
In addition, the following list idenL•.i.fies the sL-rucl.AII :es, improvements and
landscaping which are considered to be part- of the 17ei'll 17ropei'L•y acquired:
1 Approximately 8, 200 square feet of as:pha 1 L pay.i ng.
2. , Approximately 750 square fool: of 2' cone. )'Le wall.
3. Landscaping that includes 35 needle ptln' 7. ( ,lt.)hage palms,
1 Cedar tree and 6 Jerusaleln Thorn bu,hes<
You are further advised that the City's offer of jllst: compensation for the
property required for the construction of this facil.il'.y is.. based on the Fair
Market value of the property and LhaL t:11e C1 t:y' , of. it,r t:o you is ilnt less
than the approved appraised value Of Lhe property<
The following represents a summ�x-y ()r (11r, c'i I:y' ()rrar t:o ypu and ttie basis
therefore;
Land $ 5415,000.00
Tmprovem(1"tr; $ 19, 000. 00
Damages $ 360,500.00
Temporary Easement $ 68,000.00
Related Closing Costs $_ 71.0 ?_.0,00
TOTAL $ 999,520.00
Any additional information you may require can be ga.inncl l.3y contacting Earl
Barrett, Real Estate Services Manager, at 462- -6638-
Yours vory tr.uiy,
W1.1.1 i.am c. 13aker
Director of Public Works
Delivered By Date
Receipt Acknowledged By
WCB /ewb
cc. Michael J. Wright, city Manager
Paul Richard hull, Assistant City Attorney
Ear]. Barrett, Real Estate Services Manager
A
i ' F
William C. Baker jlj'n jrcl. 1 ti 1A 0 -
2513
Public WorY.s Director ; :I nl r IRand Ifo.: G99
City of Clearwater PAI' 11n, :11RII- 1255 -(S)
p. O. Box 4748 ;l'i.nellas
Clearwater, Pl. 346lo -4748 �� { {ni'y , ; 701.1
v; i col No ,;
701 .1.
RE: U. S. Taxpayer Identification Number.
Dear Mr. Baker:
Pursuant to Section 1445 of the I nLernal Rev('ntte Code which
provides that a transferee (buyer) c>i. a U.f_ )ailsl�aop foreign nterest
must withhold tax if the transf:error ( --
or entity, I hereby provide you wit-.1i Lli. f.o'Llow.i.nca information:
[ ] Social Security Number -• - - --
-ox-
[ ] Employer Identification Number. __.___._..__
[ J Home Address
-or-
[ J Business Address - -- -- -
I understand that this information may be (li ci.asOd t:o the Internal
Revenue Service by the City of Cleat:wat-er as transferee,
or any berepresentative
puesent ti efie, � thereof, . tment, any }yoLh r statement made
Upon closing the above identified transacti.Un I te.ill execute the
appropriate affidavit confirnl.ing Lite it1farm7t3on contained herein.
bate F'ISIIIs'RMAII' S WHARF OF Cl,l ?AIZ' Tr!'1t, INC.
13Y : _ ..- ...__.._._
Print- Naive ---
Title
PUBLIC DISCLOSURE ACT
DISCLOSURE, AFFIDAVIT
19. P. T . ilo. :7 12 669 8
Project ilo. :15140 - 251£3
STATE OF FLORIDA ) state Road lto.: 699
COUNTY OF PINELLAS ) FAP ilo. :13RN- 1255 -(8)
Count_•y :Pinellas
Farrel. Ito,--. :101.1 & 701.1
BEFORE PRE, the undersigned authority i ), t-sa.i.tl Cotinl:y anti State, personally
appeared __ who im i nq first duly sworn,
deposes and says that he is:
[ ) (a) President (or Vice. President) Of
Corporation Ut-hori. zed to do business
under the laws of Florida; or
[ 1 (b) A Partner (or Limited Partner) of the firm of
composed of
and , doi.r1g bus:i IIess under the name of
_ '; or
( ] (c) Trustee of __ _ Trust; or
[ ] (d) Other -- t --. -_- ; - - -r _
holding title to real property des cr..i.bed in Fxh�bzt_ attached hereto and
by this reference made a part hereof hereby certify that the names and
addresses listed on Exhibit 111311 attached hereto and by this reference made a
part hereof are the names and addresses of every person having a beneficial
interest in said real property, however small or minimal, and do` hereby file
this Affidavit for the purpose of comE)J.ying with the provisions of Chapter
74 -174 (Chapter 266.23 F.S.) , haws of irlol:i.da, Public, Disclosure Act.
(Affix Corp. Seal) (Deponent
(Ad,Oas of Deponent, ftecluired
by Chapter 74 -174, Lawn of Florida)
(AtteotaL•i.on by secretary or Aeeiatant
Socretary if DelionenL in Officer of Corp.)
sworn to and subscribed before me this ..._.._.__ day of
1993.
i nature of�Feruon L•akiog acknowledgment
i'yl�n(Pr. i.nl; f �tamj+ rrnmo of nClcrnawledgez
7'lt lr, n� rnrtic, snrinl tio, Lf any
>bhija bidaLb§URi ] CT
5LaLcr Project; 1: 210• 15140 - 7.5111 I)ISCT,OOURD AFFIDAVIT
21.1.c,;ht o.f` t•18y 1)caL•ai.l S"OL 11c). ')
Lt)r,r:onL L)whr.c:r dlulaes Fir lrnrman'r (211,11 r rxniniT "A"
GY1if Urtuiravat:d, I'l.nc.l.lnrt Grnrnt:y, F lnt irirt
t))? t•271X
Plllit:2:1, 1:01..1
A parcel. of lrtnd lying wit-hill .1.'l , 't'c,wnnll f 1, 29 ,QuL11, Range
15 1:arsL, Pinellas Couctty, I lc>> Iclrc, nrtrl J,nJ►rtj n pr1rL of 11te
folloo-rl►tg described land
tlegin at the SouLhwent:r'1 l.y r.c�t:ue1 of: 1,oL 112 or. Block A of
Tluyrldo 5horen a� zec nrclecl i rr 1'.1 rrL ncanit 5[1, Prtye 12 and 13 -hence
the 1.3ublic Ttecordn of F'.l1101 l ar, t;c,ritiL'}', 1:1 cln, rand xurt LJaenE.
alon(j a curve to the T:lcalrt: whorl, Chord 2,earif S. 73" 34' 57" E-
G0.99 -LL., arc J.n 61.03 Lt:. :ctul x-acliurt 1. es 425.42 Lt . for a
F.n.t}., LiteYlG® 11 0' 07' 15" r, 111 ..11 f.L.; i1c<`rrcra a> 09' 52,
45" E. 220.0 ft., Lhenco S. U° 07' t a" F2. 7.t16.�1_, f:L.,
6joncl a curve to L•11e rig1iL w }tattd a.laci.i.urtJt S iY J60•7'6 °fL-.' tOence
31.41 f•L., arc is 31.46 fL.
P3. 64' 13' (39 ' t7. 171..05 f.t:. o t:honco nloitg n curve to the
Jett W110-9e chord b0al "n 21. 6G 42' 42" W. 113.43 ft•, a3C is
30,51 f'L, and 3 acli.ua i.r; 42 5.42 U. t.o
'i'laau paxL of Lot, 2 i.n i1J.oc1< A c,f Bayr.i.dd Shores . recorded
Plat Dook 50, pagers 1.2 taut 1.3 of the t�:sbl.ic ltecord9 of
Plttellas CounL-y, Florida, der,crl.l)ed as Co1.l.own r 11e�1_r1 rat uth
center of the a.nteraecl•iorl of c earw<aL•er. Pasrr Avenue and South
Gul.fviow Dayflide
er13110 ea Yy1i Id5otitLlt thence S.
09 52' 45" C•, J '
Doul ard, 35.0 feel; L11011co S 0" 07' �5" t7., ulorrg ilte
East, 1,l,xte of Clearwater l'rtnrt Avc,rtcto rand l l,u 1lor.t11ex1y
exLehe3.olt 255.0 feet to Lire 1'.0.11.; Llienco coilLJ.iiise S U' 07'
15„ W. 46.39 feet:; thenco r11.ortg a c:,tl:ve l.a Lho ra_c31tL whose
choacl board S 6'1.4` 51" IV• 73.61. fer.L•, t1Y:c .i.r7 73.713 fee L• and
radius is 345.0 Gaol.; Llrr,itc:r� c;. 7'7° '17' 32" E. . feet;
L11011ce 5 12 °22' 7,11" W7• 2t1G.!il fnet :; l.hrnro a}ottq a curve to
{:110 loft: whose chord beat: r; :, 'T:1.° 3G' �rLl:nnct141rtI(C711CJCa LCUI Vn to
47.1.11 feet: and r, ,, In '2..10. (1 L'eet:; " � r.,• arc
the Left, wltone chord bea,l:r, tl ilU° 27 _>.t 1 2.19• a� feet,
i n 365.35 feet and a'r:cli.tjS 365.0 f.ecaL; 1:1u�nr.ct ttl.oitg a curve
Lo Lhe z1.ghL whose chord br:rir :r, 11 51' 12' 36° 1,.. 36.36 feet:;.
arc 19 36.37 feet all x:ttcli.ur As 420.0 leek; 'I:ltetleo P1 p° 07'
15" L. 6337 feet,; c Lhonr:n rtJ.onc; a
curve to t.31'.47it feet liand
chord Dears 11 69' 4J 31 WJ 31.41. roeL,
a ac4lus
is 160.70 fee I:horu :r) 11 64' J 3' U3" 1'1. 17.1.05 feet,•
Lltcrttcct along z1 curve l:o the fart,. whose chat:cl )lcrar:rs tt 66' SU'
11"
W• feet. 1f1G7.3t1fcx� t,; {il►c�ticei41n 2,"
r30,Gl f109 5745
f )o L, t dp�7�J5 „
41. 5().0 faoL Lo the i'.C.ts'
state Project tto. 15140 - 25.111
R19111 of Way Detail Sheot Ito. 7
Current OWnern 118mer Pirrllor:n1r111'n Sllirtrf.
Gulf Doulevnrd, P1.rtell.as t.c)unt.y, l lc,r:icla
1t1Glf'1' Or WAS`
PARCEL 1.01.1
Degin at- t }le 5ouLlrwcnterJ.1 c1o�- ��cc1" crlf. g soc512 tnd Of 1.311ofstile
Shores, as recorded in PIaL U()o)c 5f3, ]-
Public Records of P11101.lzlq (ol)"L•y, kl.at iclrt, and r_urt Oder e
South 12° 2.2' 313" West, along t:he SouL-herl.y extension of the
Erxgterly line of said I11oc)c A, 230.10 f:eeL-; thence along the
I1ant Water Mark in Clearwater: Pans and a ruz -va do t }tarc ®is
whose chord bears south 71° 3(i' _ 5" Fast 4'7.0f] feet,
47.10 feet and a radius IS 210-00 f.eeL-; thence along the said
IIl gh Water mark and u curve+ to t:lre j_ r, f L whc�sq c21orc1 bears
South 03° 27' 09w East-, 60.70 fc�et-, Marc {n 6(I.EIU feet and
radius is 365-00 feet; t :henc:o 11oz:ttl ()" 07' 15" Parr L, ?.37.26
feet; thence along a sea arrcl a curve to the left
6103 fe1etda�darrrcli�ntgn747. ,, 12 feet:l7Lot�l:Ire01r99.�eeL' arc is
Begin lit the 5outhw�stexly corker of Dl.oc }c A of I3ayside
Shores, as kecorded 111 Plat H001c. !7)f3, P,agen 12 and 13 of the
hence
Public Records of Pinellas COO ..Ly, I J_or:.}.cl,a, arui rnn t
along the seawall line and it carve to L11c� :l g114: whose chord
bears South 73" 34' 57" Vast 60.99 feet., rtr_c is 61.03 feet and
West
radius is 425.42 feet- for P-0-11-; 11.; l:hettce Sout11 01. 07' 15"
237.26 feet; thence along t.t1c� Iliglt 1•1aL�r. M,1r►c i.n Clearwater
lass and a Curve to the'Left. whoa° chor.C1 b0,11:n i1oi:Llr 75" 23'
2a" east 190.26 feet, arc l.n 200.7!'r feet- aird radius id 365.0
feet; thence along said I11.c)h Writer:. Mark and a curve to alrc
right whose chord bears Nortll 51° 12' 36" }giant: 36.36 feet,
is 36.37 feet and radiub is 420.0.feet.; t.:)rerrce IJort:h 0° 07'
15" East 63.67 feet; Lhence ,along tho seawall ].ins t1c1 a curve
to the right- whose chord bear :n NOrt11 69° 49' 32" West:t} erica
feet, arc is 31.47 feet anti zridlun .in 1.60.713 feet;
North 64' 13'.09" West, a1oT1g t:)ie n '<C, ].lV� Jl o the left whose
thence along the seawall. lino rrncl r r c l s 34.51 feet
ctrord bears North 66* 42, woo L 311449 .feet;
and radius id 435.42 feet Lc) t.11e
Said parcel beilig described as fo 1.1 ows
Commence at tite Southwest cor.•ner. c,f r.cLlors 1'1, `1'own:itl:i.p 'lg South,
Range 113 East, Pinellas (putrLy, 1. l or: f.cla; t hrr +co Iiot t 1t 09 ° 10' 31"
East# (Bearings based- on 0.11. 1341 irrVage hCr Records of said
Pinellas County, rlorlda) ► alcrttcl
Use baseline of
Section 17, a disErince of 043.41) feet: t.0 a poAnl; rt
7.
State Project. 110. 15140 -2510
Rig11t• of Way neLail Sheet tla. '1
Current Owners Name: FJ ahexman' n Flllnr f
Gulf Boulevard, Pinellas Ccntnt:y,
PARCEL 101.1.
A
111MIT OF WAY
survey of Gul.t Doulevard, as 110w C?1tLalzlJ.e,llecl; (Lho nexL five
courses are along tile, baseline of. suxvcty of. 11:.9.11 gulf boulevard) ,
thence Nortlt. 42'13'31" East, n cii7tLtltco o1- 1.9;31.25 feet; to the
beginning of a curve, concave 1101 tllwr?nL�t :ly, hnv.ing zi radius of
1909.E36 feel and a central angle af. 29° 1G'55' , theme TlorLheasterly
along the arc of said curve toy 1110 101U,'tt di_st :uh<:e o1- 976.06 feet-,
a chord which bears North 27 °3` ;'03" last:, zt clirlt :7inc;o of 9G5.4f3 feel
to the curve's end; thence 1,Iort:11 ,12 °56'36" Past., a distance of
1967.96 feet; to the beginribig of n c;ul:ve, co11r.71vo F7ent.erl.y, }laving
a radium of 310.00 feet and a central. tlrtglc� of 17. °15'13 ", thence
Northerly along the arc of naic3 cut:vo to tile 1.eCt;, r1 distarlce.of
66.30 feet, a chord which bears North 06649'00" I7,71nt, a distance of
66.17 feet to t11e curve's enc}• (.hence J1a1 :tat UO °41.'23" East, a
distance of 46.24 feet; thence S�out:h 09 °1(3'37" I ?as L, a di.st-arlce of
35.011 feet to a point on tile, Ear Ler..]y r. i.g11L of w7ty line of said
Gulf Boulevard, said point also being on 1:110 Southerly r -911L Of'way
line of South Shore Boulevard rind Elie P0194';' OF BEGINNING; thence
South 89'10'37" East, along the S0111;11or_.ly right a1- way 11ne of. said
South Shore Boulevard, a dlst:nncci of 33.22 fecal:; to a point of
111Lel :secti.an with a 11011- L•n11c3rn1; `111-vn, c :ctnc :nva dlenl.esrly, having .ta
radius,of 9 09.93 feet and u cenixa.L 71,'(3)rr or 7 °it), t :tterlce
Southerly along the arc of said cul." to the right:; A distance of.
296.64 feet, a chord which bears; South 04 °21132" went; a distance
of 295.53 feet to the curve's end; therlcv Sor1L11 1.2'56'36" west, a
distance of 124.64 feet; to a poJ 11L on the txaltiuinz y Of a llul.lchead
Line as recorded in Plat- book 2., Naga 32, 1111bl ic- itecords of
Pinellas Country, riorlda ,' staid 1+01.111- n1so lxiJilg 11 point of
Intersection with a notl- La11cIc:nL' curv0, c011cttv� 1lcsr_ Lhoz-.l.y, ]laving a
radius of 365.00 feet and n l,enllal ru,ylc of*. 0(3'20'46 ";. (t:ho sox
two courses are along 1-110 tr7rirt i)ul. }choad 11. ,'0 }, t.11011ce Westerl
along the arc of said curve to t:hr' r:J.g11(:, n c1it1Lailr..o of 2.20 feet,
a chord which bears North 713 °10'33" Weal., n cll.n( :r+,'ao al: 2.20 feet;
to a point of intersection w1.01 a nolt- L7t,'ge11L c :tlr;va, concave
Northerly, having a radium of 7.10.00 feet• and 71 ct�r►t :z:zii angle of
12 ° 51' 513" , thence Westerly along Lhc> n i :r; of ;1113 (1 curve to the
right, a distance of 47.16 ' feet 71 chal:cl will,ch bears Vorth
71 °02157" V;esL,' a disL•anco of. 17.06 feel Lo the point of
intersection c.}ith a non•- (tangent: 1..1130, laal.ct l�oSr1L 11ho ii on the
easterly right of way .1j.11e of t,a l rl (Jul I. 13c3u.]cvaz c(; (t;}te ndxL four
courses are along Lhe Ew)Lerly 1101t. of way 1 ;.110 of said (3111£
Boulevard),thenee North 17. °56'30" 1;,113t, A d11sLt111c;c1 oC 230.17 feet;
theilce 11ort:h 13 "10154" East., a d1tiLmic'o of 40.21. feat; L1lence Porch
77'26120" WosL•, a dist"110,,0 or 10.01 fen(.; to 11 pal lit of
State L1rvjec:t: lie. 1.5140 - 25117
Right- of Way Detail Sheet tlo.
Current- Ownern Namet F1.ni1G'1:n1zi11'1T S'71iz11-f
Gulf Boulevard, Pinellas COMILY, I lar.l.clzi
PARCEL 101.1 RTG'11T OF WAY
Intersection with A 710t1- tatlgl711t , f lit "VO, concavo Werrterl•Yr liavillg a
radius of 345.00 feet- and a cent:l:al :ingi,a <)f 1.2 "15'37 ", Lhellce
Northerly along rile arc of na,id ('."rve to tile loi t: .L
, a dsl:ance of
73.02 feet, a chord which beam Ntirl:h 0G °'lfl':7.t" t:rlrTt, z7 distance of
73.68 feet to the point of 11d.ei.- section with a non - tangent line;
thence North 00 °38'57" East, a disf,ance of 46.43 feet, to -lie POINT
OF BEGINNING;
Containing 18131 square feet, most) o.r.:lenn.
I hereby certify that this Legs ll. (10'SC).111t:1.o11 1.s 1-11 C0111p1.Lance with
the k i
i.1nmum Technical Standards an set• forth by t:ho Florida Board
of Professional Land Surveyors, flurnuant- to Section 472.027;
Florida Statutes.
Henry A Ecllezabai v _
llorida Registered Land Surveyor: lto. 3940
Kisinger Campo and AssociaL-es.
2203 North Lois Avenue
suite 410
Tampa] Florida 33607
October 30, 1992
k 1
State Project: No. 15140 -2510
Right- of I•lay 1)eL•ai.l Sheet: No. 7
Current owners haste 7 rishex mttn' a 4111"'r
Gulf Boulevard, Pinellas Caur7Ly, [ 1 (sr i (I.s
PARCEL 701.1 '1'P tit'UItnRY C()t1 ; ;I'l2UC TION E)1SEriEUT
Begin at tile southwesterly corrser- of illocic 11 of Dayside
Shores, as recorded in Plat nook 511, Patge7r 17, tend 13 of the
Public Records of Fine].3ar Cc:u77t.1 *, FJ.cr3clts, arsut 7:1171 thence
South 12' 22' 30" West, a1.o77g Ilse SoutllerJy extension of. the
Easterly line of said i31o(:k A, 230.1.11 feet :; i.helsce along tine
Iiigh Water Mark in Clearwater Pass an(1 a c:urva to the Left;
whose chord bears South 71 36' Sri" i nst•, 47.00 feat, arc is
47.10 feet and a radi.tss 1.s 216.00 feet; l:hon .0 tal.osrg the said
High Water Mark and a curve to the .Left whose chord bears
South 03° 27' 09" East, 60.7() feet, as:c in 60.110 feet and
radius is 365.00 feet; Llience North U' 07' 1.5" East', 237.26
feet-; thence along a seawall 11.770. and n curve Lo Llre left
whose chord bears North 73' 34' 57" ttent:, 60.99 feet, arc is
61.03 feet and radius is 425.42 feet to the P.U.D.
Begin at the Sout-hwester_J.y corner of, lJock A of Bayside
Shores, as recorded in Plat: Book 50F Pages 1.2 arid 13 of the
Public Records of Pizse.11as Ccaussty, Florida, and run thencd
along the seawall line and ,x cul:ve to the 7:1.glst: whose chord
bears South 73' 34' 57" East G0.99 feet_, arc in 61.03 feet: and
radius is 425142 feet for P.O.D.; thence South 0' 07' 15" West:
237.26 feet; thence along the 111.917 Walter 2•fark ill Clearwater
Pass and a curve to the Left whore chard bear :s North 75° 7,3`
20" east 199.26 curve fee L, arc is 200.75 feet: 177(1 rn(lA.us id 365.0
feet; thence along said Iiig17 S)at:er rtar:)c anci a curve -to the
right- whose chord bears north 51' 12' 36" r ant• 36.36 feett arc
Is 36.37 feet and radius is 420.0 feet; t•henco Noa:tls 0' 071
15" East 63.G7 feet; thence along Lho seawall line and a curve
to tile right; whose chard bears Nai. 1t G9° 49, 32" West 31.41
feet, arc is 31.47 feet and radius in 1,60.7(1 feet•; thence
North 64° 13' 09" West-, a3.0119 the q( -awall ].Isle, 171.05 feet;
thence along the seawall line and a cn7 :vo to the left- whose
chord bears North 66' 42' Went 30.49 feet., are id 311.51 feet
and radius id 435.42 feet: to the P.U.D."
Said parcel being described as follows:
Continence at the SouLllwesL cornor: Of Scenes .1.7, 'I'owllsl►ip 29 Sough,
Range 10 East, Pinellas County, Flo7'3d1; t.hencr, Nora -11 09'1.(3131"
East, (Bearings based on 0.12. 1342, Page 975, 1%;1.1.1. Records of
Pinellas County, Florida }, ,%ltattcl the rostt.11,cl.y i)c)nndrsry of said
Section 17, a distance of 043.40 feet 1-o a l7ni.nL nn (1110 isaseline of
r �
State Project tlo. 15.1.40- 25311
night of Way DeL-ail Slxeet• tic1. '1
Current; Owners Name: F1.0 It' I Wtenrr
Gulf Boulevard, Yinellnn Couttt.y, (for I cln
PARCEL 701.1 '1'1;11110RARY (;U1ISTRUC;4'ION EASEMENT
survey of Gulf Boulevard, zen 11()w r_teLahl i nhe�ei; ( t:11e next- five
courses are along the basell.ne or survey of nai.ct Get1.f, Iloul.evard),
thence North 42 °13'31" Cast, a clS.st:ance of 19133.25 feet, to the
beginning of a curve, concave 11ortltwontex:ly, hnv3.ng a radius of
1909.06 feet and a central angle of ?.9 "i6'Sri ", t :lt (_ncc-t f7ortheasterly
along the arc of said curve to tl:r3 left, a c11.nt.nnco of 976.06 feet,
a chard which bears NorL-h 27 °35'03" Pao L, a c111711 :niece Of 965.40 feet
to the curve's end; tllerlce tdorl :li 17. °5 6 ' 36 " 1;, a d1_s Lance of
1.967.96 feet; to tiie beginning of a curve, (:oncavn Fjepterly, having
a radius of 310.00 feet anct a cesetr =+L any l ct Of J2'15'13", thence
Northerly along the arc of tlni(i Lo the .loft, n distance of
66.30 feet, a chord which bears North 06 "49'00" Past, a distance of
66.17 feet to the curve's end; thence Nox-t:h 00 °41.' 23" East, a
distance of 46.24 feet; thence SouL•h 09 °10137" East, a distance of
35.08 feet to a point on the Easterly riglet of way Line of said
Gulf Boulevard, said point also being rite t:11 ;oid :lierly right: of way
line of South Shore Doul.evard; thence cont:intte aonLh 09"x.0137"
East, along the ' Southerly right of way Lille of chid South Shore
Boulevard, a distance of 33.22 feet: to tho I?OIN'11 OF BEGINNING;
thence South 09 °113'37" Eant:,along the SonLheaJ.y rl.clhl; oL way line
of said Soutlt Shore Boulevard, n dlnt-axlce of 20.07 feet; to a pal-lit
of intersection with a non- Lnngent curve, concave Westerly, having
a radius of 1009.93 feet and a central angle of 17 °04117 ",'thence
Southerly along the arc of said cuzve to Lhe right, a distance of
300.91 feet, a chord which bears Soutlt 04 "24127" ;.lest, a distance
of 299.00 feet to the curve's end°, tleetecte Soutlt 1.2"56'36" West, a
distance of 123.59 feet; to to point oft the boundary of a Bulkhead
Line as recorded in Plat- Dook 21 Page 32, 1'ubl.t_c itecords of
Pinellas County, Florida , saki point hei.ng an Intersection with a
,non-tangent curve, concave Northerly, lelv.l ng a radius of 365.00 ,
feet and a central angle of 03 "00139 ", Lhenco Westerly along the
arc of said curve to the right: aiul along salt! Dlilkitead line, a
distance of 20.03 feet, a chord wllicle beard Pforl :h 80 °0311.5" West,
a distance of 20.03 feet to Lhe pol.nt: of 3 etterm-cLion vti.th a non -
tangent line; thence North 12 "56116" Eant,n (llst:ance of 124.64
feet; to the beginning of .x curve, coituave Wast:erly, slaving a
radius of 909.93 feet and n central. a"(110 of �l7 "10'00", thence
Northerly along the arc of 13ai(1 cux:vn t:o t.ho 1. r,f.L, 6 distance of
296.74 feet, a chord which beae's Ng171:11 04 °21110" i;ant, a distance
of 295.53 feet to the curve's end, 711(l t:he 1,01119' OF I)GGINNING;
Containing 04GO ttguare feet: eel: ].anti, tlwr.r O1- 1rtln'
3
PUt1C1tASI., Ac,HEI, tt:t T
so
I -All Ho.
( <nnll y I?ingllan —_ e
f:t al e Ii <,:ttl•14o,_S _1t�69c�,.� ..
TIIIS AGREI 1MIT is wnda between FISIIrRItAll' S DIIIAIIF OF 0I•I•:A1(f7A• -Ell, t Nr,. , here,f carter referred
to as SEL1,EP, and I;hr, CITY OF CLEARWA9`t It, i f.h {t1DA, Ile, "trtnrt fir t fire, reel LO an PIIRCIIASI R.
Vt ]'I'HP5,93 1'll
For and in connlde_r.alion of the mul:ual rovral:ulLs and ron,Lil lr•nn helein cr,nLai.nrd, SELLER
hereby agrees to noil and PURCHAsen herrhy -,liver+ t•+ )+ny the f<,11<wninc) {�t,al.nYty ❑r inlerent
therein, upon the following term- and cn nlilionn:
I. DESCRIPTIOtf
(a) Real estate or interest therein, identified an pnrce7n 101.1 and 701.1 as shown
on Right of Way Maps for section 15140 -25111 Incorpt,raterl herein by reference.
(X) Fee Simple (Parcel 101,1)
( J Permanent Sasement (Section III. (b) does not ; ipply)
(X) Temporary Construction Easement (Section- III.(1 111•(x) ,It<1 I21.(d) do not
apply) JParcel 701.1)
(b) Personal property identified an follows: 110th q,
11. PURCHASE PRICE
(a) Amount to be paid by PURCHASER Lo Sr1..LER 639,020.00
at closing including fees and cor)Vs.
(b) Amount to be paid by PURCHASER to SELLER $ 350,500.00
upon surrender of possession.
(c) Itemized purchase price, fees and costs: 5G „) 0011
Land and Improvements $
Damages (Severance /Cost -to -Cure) IIVJ $ 360,500
Business Damages $ n/A
Temporary Construction Easement- $ 60,000
Attorney Fees $ I'er 13I(r)
Appraiser Fees $ N/A
Other Closing Costs $ 7,020
(Specify)
TOTAL PURCHASE PRICE INCLUDING•FEES AND COST'S ............... $ 999,520.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purcitane Agree”' fit in executed by
PURCHASER subject to final acceptance by the Clearwater City Commission as
required by Section 119.07, Florida StatuL•efi. Final acceptance by the
Clearwater City Commission shall denote final approval. Of the purchase price and
all terms and conditions contained in this purchase Agreement and constitutes
the effective date of this agreemenL. A cloning on this contract shall not be
transacted prior to final acceptance by the Clearwater C]:ty Commission,
execution hereof, by authorized City officials, and delivery to SELLER within 15
days thereafter.
(b) SELLER is responsible for all taxes due and owing on the property as of the date
of closing.
(XJ SELLER agrees that all current taxes for the year In which this agreement
is made on the property acquired shall be prorated and SELLER agrees to pay
SELLER'S share of said prorated taxes as of the Elate of closing.
( J SELLER agrees to pay all taxes for the current year.
(c) SELLER is responsible for delivering unencumbered title Lo PURCHASER at closing.
Any sums which PURCHASER must expend to clear encumbrances nhall be deducted at
closing from the purchase price shown in Section II.
(d) Any extension of occupancy beyond the day of closing must be authorized by the
PURCHASER in writing. During the period from the date of closing until SELLER
surrenders possession to the PURCHASER, the SELLER shall exercise diligent care
in protecting the property from LhefL and vandallmn. All property, whether real
or personal, included in L•his agreement filial., Its delivered LO pl)I1c)IASER in the
same condition existing an of Lhr- effective date of tttia agreement, less any
reasonable wear and tear.
(e) It is mutually understood that this property is nece l-y for transportation
purposes and is being acquired under threat rIf rolidrnlnati,on, pursuant: to Section
337.27, Florida Statutes.
(f) Other: AttOrney Fees are Lo be clfilerminerl and l,airl by I'URCiIASr11 by saperate chpcic•
No Appraiser Fees are being pal (I because SI I t lai Ilan not nmLl fied PURCHASER tlYat.
that an appraisal was boinl rerlunnf:ed by SI t l 1t. (:lc,ndn,1 cones being paid by
FURCIIASF..R include I;i,Lle inV -01- 11r•e policy, rinr-umenl ary nt nmpn on dFerl and recordinu
fees.
1 +,y!dn t t•f
IV. DAMAGES (SEVErtAItCr /COST TO CURE)
In order to restore direct acconn and repinrn SELIXTt'S ionn or pnrking, PURCHASER 011011
acquire title to adequate remainder landn of the wontnrn port•1nn of parcel 102 an shown
on Right of Way Maps for section 15140 -2510, design, pern111:, pnvrr, stripe and landacape
replacement parking to current City rndrt. PURCHASER nhnII furt.h�r I:econClgure and
reatripe parking on the remainder of SELLER'S pro)nit.y Lo wotk in harmony with parking
to be developed on Parcel 102. If for any reason P011COA,rtl 1n tinnble to acquire title
to appropriate portiotls of parcel 102 nerearlary to fulfill t"hn intontionn and conditions
as herein stated, PURCHASER shall pny to Srr.r.ER S3G0,soo.On In rnnh upon surrender of
possession as full and complete compensation for dmmjgrn rluntnirinrl in PURCHASER'S
acquisition of required Right or Way from SrUER.
V. CLOSING DATE - P05SESSIOZI a
This transaction ohall be closed and the instrument of conveyance delivered within
60 days of the date of final acceptance by the C1.t.y of Clencwitrr•. Ponsession shall be
delivered ( ) at time of closing or (XI not lager Limn ((Iatr+) January 1, 1994
VI. TYPEWRITTEN OR HANDWRITTEN PROVI910145
Typewritten or handwritten provisions insarted herein or att:nrhnd hereto as Addenda,
and initialed by all parties, shall control all printed provisionn In conflict
therewith. All addenda, whether typewritten or handwritten, ='11.t.,kched hereto must be
referenced and initialed in this section. in addition, all addenda munt be signed by
both the Seller and the Purchaser. There (XJ is I J is not in addendum to thin
agreement - Appraisal Breakdown le_tter,, Taxpayer _lderitiCicat:ionI tter, Pyhlic
Disclosure Act Disclosure Affidavit.
V11. IN WITNESS WHEREOF, THE SELLER(S) have caused these prenont:n to be executed in their
respective name(:).
SELLER:
Signature Date
Name (Please Print) -
Title ( f any)
VIII. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER
F•ISHh:It1fA11'S WHARF OF' CLEARWATER, INC.
Signature Da
blame (Please i'rint
TaL]r (if 1111 }j -
IN WITNESS,WREREOF, the City of Clearwater has caused these presents to be accepted
this day of ,, 19 —_
Countersigned: CITY OF CLEARWATER
Rita Garvey, Mayor - commissioner Ptichael J. 17rLght, City Manager
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
Attest:
Cynthia E.- Goudeau, City Clerk
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RESOLUTION 93 -55
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING CITY -OWNED RIGHT OF WAY EASEMENTS ALONG
THE WEST SIDE OF U. S. HIGHWAY 19 AT THE SOUTH-
WEST CORNER OF THE INTERSECTION WITH DREW STREET,
AND ALONG THE SOUTH SIDE OF DREW STREET WEST OF
THE INTERSECTION WITH U. S. HIGHWAY 19 SURPLUS FOR
THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
FOR THE S. R. 55 HIGHWAY PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBORDINATION OF
UTILITY INTERESTS AGREEMENTS WITH THE DEPARTMENT
OF TRANSPORTATION;'�AROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation
(herein the "DOT ") , proposes to construct or improve State Road 55
in Pinellas County, Florida; and
WHEREAS, it is necessary that portions of certain right -of -way
easements, described more particularly herein, now owned by the
City, be subordinated to the DOT; and
WHEREAS, Section 2.01(d) (4) of the City Charter authorizes the
conveyance of surplus City property to another governmental entity
without referendum approval, without competitive bidding, and for
less than appraised value; and
WHEREAS, the DOT has applied to the City for a subordination
by the City to the DOT of all rights, title and interest that the
City has in the easements, subject to the rights reserved to the
City as described in the agreements, and the application has been
duly considered by the City Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The application of the DOT for the subordination
of City -owned right of way easements, subject to the reservations
of rights by the City as set forth in the subordination of utility
interests agreements, is found and declared to be for a valid
public purpose, and the right of way easements are hereby declared
surplus within the meaning of the City Charter. The City Manager
is authorized to execute the subordination of utility interests
agreements -to the DOT in the form attached hereto as EXHIBITS "A"
and "B'r conveying the rights, title and interests of the City in
and to the real property described therein, in consideration of the
sum of One Dollar ($1.o0) and other good and valuable consideration
including, but not limited to, the benefits to be obtained from the
highway improvements.
�5-5"
/ - ^i
Section 2. The agreements authorized to be executed by the
City Manager upon adoption of this resolution are summarized as
follows:
DOT RECORDED AT
EXHIBIT PARCEL NO. CITY'S INTEREST BOOK PAGE
A 112.02 Sanitary Sewer O.R. 3095 0080
Easement
Blanket Water
D.B.
0095
0066
Main and Gas
Main Easement
B 134.02 Sanitary Sewer
O.R.
2986
0639
Easement
Drainage and
O.R.
6302
1750
Utility Easement
Blanket Water
D.B.
0095
0066
Main and Gas
Main Easement
Section 3.
upon adoption.
This resolution shall take effect immediately
PASSED AND ADOPTED this 4th day of
Attest:
Cy hia J.. Goudeau, City Clerk
C
Garvey,
s
1993.
1- s
x
This instrument prepared bVley , or
under the direction
Kenneth G. Wing
Dep rts:n ntG�r�iss'S n
11201 N. Malcolm McKrive
;:•amp&, Florida 33612
Legal Description Approved
Date: July 13, 1993 8y: Brent J. Davis
PARCEL : 112.02
WPI 110. : 713.7045
S.R. NO.: 55
COUNTY : PINELLAS
SECTION : 15150 -2566
UTL.04
SUBORDINATION OF CITY UTIT+a* 'NTERESTS
(- A
THIS AGREEMENT, entered into this _ day of , 199„_, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEAR-WATER , a municipal corporation, hereinafter called City.
W I T N E S& E T H=
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and FDOT agree as follows:
city hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, vi:.:
Lot 2 -B, CAMPUS WALK, according to map or plat thereof recorded in Plat Book 95, Page 66,
Public Records of Pinellas county, Florida, lying in Section 18, Township 29 South, Range
16 East, Pinellas County, Florida.
containing 81539 square feet, more or less.
PARCEL 112.02 PACE' 1 ��
EXHIBIT A
(.
This instrument prepared by, or
Under the direction o
Kenneth G. Wing
Assistant General Counsel
Department of Transpa ation
RZCORDED
NATURE OF
DATE
FROM
TO
O.R.
ENCUMBRANCE
BOOK /PAGE
EASEMENT
05/21/69
ABS, INC.
CITY OF CLEARWATER
3095/80
BLANKET WATER
11/16/86
ROBERT E. ALPAUGi,
CITY OF CLEARWATER
DEED BOOK
MAIN & GAS
at al.
95/66
MAIN EASEMENT
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain, improve, add to,
upgrade; remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall snversede any contrary provisions, with the exception of the provision herein
with re <mbursement rights.
The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT•s
facilities.
PARCEL 112.02 PAGE 2
t .
This instrument prepr.eed by, or
Under the direction o.T
Kenneth G. Wing
Assistant GenerV Coun. 4
Department of rana ation
k. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
r" 'S
IN WITNESS WHEREOF, the FDOT hereto has executed this agr� >ment on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
WITNESS
PRINT N
FATNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VIZ
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
The foregoing instrument was acknowledged before me this day of
, 199 , by , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me or who has produced
as identification.
PAACt✓I, 112.02
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
serial No., if anys
PAGE 3
b
This instrument prepared by, or
Under the direction of
Kenneth G. Wing
Dep&AVAjntcWgf$ii99b19£tia ion
Y4 WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by `Aks Board of City Commissioners actin} by the Chairperson or Vice - Chairperson of
said BoardXthe day and year aforesaid.
ATTEST: !� 9XTY OF CLEARWATER , Florida,
PRINT NAB?E By Its City Council
Clerk (or Deputy ark) By:
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged befor me this day of
, 199, by , Chairperson
(or Vice - Chairperson) of the CITY OF CLEARWATER , Flor , City Council, who is
personally known to me or who has produced as identification.
PARCEL 11202
PRINT NAME_
Notary Public in and for the �
County and State last aforesaid,
My Commission Expires:
Serial No., if any:
VA09 4.
�3�sy
f -�
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its City Manager the day and year
aforesaid.
Countersigned:
Rita Garvey
Mayor - Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
Cynthia E. Goudeau
City clerk
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor- Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
. 1993.
Notary Public
Print /type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
Wright, City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
. 1993.
Notary Public
Print /type name:
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attorney
PARCEL 112.02
PAGE A
r
i
COACHMAN ROAD
C.R. 535 2953 -131
I
I � i
FLORIDA POWER RIGHT -OF -WAY
Ef;l
I---- - - - - -- —�
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Cab LT
rn
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\� b n
L--- -------- i -- - - -d -- --
fe p w y
O Y w J Z
V
ua - - --
blo-m9 1951 -328
r
S.R. 55 N O.S. 19
C S:R, 55
SZ72 -186
----------- iL --------------------
I
I r
N °•
I N 1j N
jI
I ! sj LL
� l• F 7 w
CAMBRIDGE I tl N
t o� N IS �
i
z
I � �
0
n�m
This instrument prepared b or
under the direction of
Kenneth G. Wing
Assistant Gene ?sit ounsel
Department of Frans tation
11201 N. Malcolm McKi ley Drive
Tampa, Florida 33612
PARCEL s 134.02
WPI NO. : 7117045
S.R. NO.: 55
COUNTY : PINELLAS
SECTION : 15150 -2566
Legal Description Approvedz
Date: July 13, 1293 Hy: Brent J. Davin
IV
UTL.04
SU73ORDINATION OF CITY UTILITY INTERESTS
r. - -,
THIS AGREEMENT, entered into this _ day of , 199_, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY
OF CLEARWATER , a municipal corporation, hereinafter called City.
W I T N E S S E T Ut
WHEREAS, the City presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by City to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and FDOT agree as follows:
City hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part oft
Lot 2 -A, CAMPUS WALK, according to map or plat thereof recorded in Plat Book 95, Page 66,
Public Records of Pinellas County, Florida, lying in Section 18, Township 29 South, Range
16 East, Pinellas County, FLorida.
More particularly described as follows:
Commence at a 5/8" iron rod with cap no. LB -33 marking the Northwest corner of the
Northeast 1/4 of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida;
thence South 89 039146" East, 2038.89 feet along the North boundary of the Northeast 1/4
of said Section 18; thence South 00 020114" West, 49.81 feet to the North boundary of said
Lot 2 -A (South right -of -way line of Drew Street) and the POINT OF BEGINNING; thence South
89 038'$9" East, 316.10 feet along the North boundary of said Lot 2 -A (South right -cif -way
line of Drew Street) to its intersection with the Westerly right -of -way line of a Service
Road, recorded in Official Record Book 3579, Page 250, Public Records of Pinellas County,
PARCEL 134.02 PACE 1
EXHIBIT S 01 3
This instrument prepared by or
Under the direction o
Kenneth G, Wing
Assistant General Counsel
Department of Transpo ation
Florida; thence along said Westerly right -of -way line (East boundary of said Lot 2 -A),
South 01 002110" West, 28.62 feet; thence North 89 039'46" West, 24.78 feet; thence North
84 001'53" Went, 292.38 feet to the POINT OF BEGINNING.
Containing 4,879 square feet, more or less!.
RECORDED
NATURE OF
ENCUMBRANCE
DATE
FROM
TO
O.R.
BOOK PAGE
EASEMENT
12/31/68
DANIEL BANDES and
CITY OF CLEARWATER
2986/639
LILLIAN BANDES,
his wife; WALTER
SHELDON and BEULAH
SHELDON, his wife;
JOSEPH BANDES and
RENEE BANDES, his
wife.
EASEMENT
06/30/86
ROBERT E. ALPAUGH,
CITY OF CLEARWATER
6302/1750
et al
BLANKET WATER
11/16/86
ROBERT E. ALPAUGH,
CITY OF CLEARWATER
DEED BOOK
MAIN & GAS
et al
95/66
MAIN EASEMENT
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for ouch facilities
as required by the FDOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any now construction or relocation of facilities within the
lands will be subject to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersedes any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such troop,
brush, and growth which might endanger or interfere with ouch facilities, provided
that such rights do not interfere with the operation and safety of the HDOT's
facilities.
PARCEL 134.02 PAGO 2 /
1-
If> -.3
This instrument prepared by, or
Under the direction o
Kenneth G. Wing
Depx��t��iTr a^
a�8 ation
4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT
against any loss or damage resulting from the City exercising its rights outlined
in Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of;
WITNESS
PRINT NAN.E
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF HILLSSOROUGH
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
$y=
Director of Production for District VII
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33512
The foregoing instrument was acknowledged before me this day of
, 199 , by , DIRECTOR
OF PRODUCTION for District VII , who is personally known to me or who has produced
as identification.
PRINT NAME
Notary Public in and for the
County and State last aforesaid.
My Commission Expires;
Serial NO., if any:
PARCEL 134.02 PAGE 3
This instrument preparVti d b, or
Under the direction of
Kenneth G. Wing
Assistant Gen Co un i
Department of rans r n
I N TNES9 WHEREOF, the said grantor has caused these presents to be executed in its
name by it Soard of City Commissioners acting by the Chairperson or Vice- Chairperoon of
said Board, a day and year aforesaid.
ATTEST: CITY OF CLEARWATER , Florida,
By its City Council
PRINT NAME
Clerk (or Deputy C1 k) By$
Its Chairperson (or Vice - Chairperson)
PRINT NAME
ADDRESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before
, 199 , by
(or Vice - Chairperson) of the CITY OF CLEAR ASR , F1
personally known to me or who has produced
PARCEL 134.02
this day of
, Chairperson
City council, who is
as identification.
PRINT NAME _.
Notary Public in and for the _
County and State last aforesaid.
My commission Expires:
Serial No., if any:
PAGE 4
91
/ w
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name by its City Manager the day and year
aforesaid.
Countersigned:
Rita Garvey
Mayor - Commissioner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
BEFORE ME, the undersigned, personally appeared Rita Garvey,
the Mayor - Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged -the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
, 1993.
Notary Public
Print /type name:_
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
Wright, City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this day of
. 1993.
Notary Public
Print /type name:
Approved as to form and correctness:
M. A. Galbraith, Jr., City Attoriney
PARCZL 131.02
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