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Boating Club, City At Odds

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By JOSE PATINO GIRONA

The Tampa Tribune

Published: July 2, 2008

TAMPA - TAMPA - Tim Lopez, commodore of the Tampa Cruis-A-Cade Club, enjoys spending time around the club's riverfront property.

"I practically live there," said Lopez, a member for two years. "I love the river and the manatees under the docks."

The boating club is in a rebuilding stage while it wages a fight with the city over its property near North Boulevard and the Hillsborough River.

Two years ago, the city asked a judge to determine whether the club is using its property for a public purpose as required by its deed with the city. If not, the city believes the site should revert back to city ownership.

A summary judgment hearing is scheduled for Aug. 13 in Hillsborough County Circuit Court.

Paul Antinori, the club's attorney, said the city is misinterpreting the meaning of public purpose. It doesn't mean the organization's property has to mimic a park, he said.

"This is private property," Antinori said. "It has a fence. It has a gate. It is private property. It has never been a public park with public access."

The organization always has operated as a boating club, where people can share their passion and boating safety tips, he said. Membership is open to the public.

The nonprofit club formed in 1954 and initially leased the riverfront property from the city, he said.

In 1959, Mayor Nick Nuccio deeded the 11/2 acres to Cruis-A-Cade. In return, the club had to erect a building within three years and use the property for a public purpose emphasizing boating activities.

Cruis-A-Cade's clubhouse is used for meetings and also is rented out for social functions. The site also has a boat ramp and docks. Club members built and maintain everything, and no public money was used, Antinori said.

Four years ago, the property appraiser's office revoked Cruis-A-Cade's tax-exempt status, saying the club didn't qualify as a charity. The club had enjoyed that status since the city deeded the property in 1959.
Antinori said the loss of the tax exemption caught the city's interest. But the issues are separate, he said, adding that the deed doesn't state that the property must be tax-exempt.
Antinori said the city wants the site to extend its Riverwalk project and offer a public boat ramp near downtown.

Lopez, who believes the property is being eyed for condominiums, said the club has about 28 member families who pay annual dues of $245. Membership has fallen because of the lawsuit and the club's tax problems, he said. The group is two years behind on its taxes; the 2006 tax bill was $13,000, Lopez said.

The property and building are valued at $628,355, according to the property appraiser's Web site.

Assistant City Attorney David Shobe Jr. said the city can't discuss pending litigation. He said the city has been in negotiation with Cruis-A-Cade, but he wouldn't give details.
Antinori said the club is open to discussions but won't accept an agreement that takes away its property rights.

"We are amenable to reasonable proposals to solve this lawsuit, this controversy," he said. "One thing we will never sacrifice is our deed."

Lopez said the club will survive.

"We are strong-headed," he said. "We won't give up. We just have to get the burden off our back."

Reporter Jose Patino Girona can be reached at (813) 835-2110 or jpatino@tampatrib.com.

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