COMMUNITY SERVICE FOUNDATION INC
RETI JRN TO:
Bankers Title
509 South Greenwood Ave,
Clearwater, FI. 33756
File No,:
Parcel No. 10-29-15-61758-004-0010
Parcel No. 10-29-15-01926-008-0030
I
SPECIAL WARRANTY DEED
I
Made this ~day of July 2003 by the CITY OF CLEARWATER, FLORIDA, a
Municipal Corporation of the State of Florida, hereinafter called the "Grantor", to
COMMUNITY SERVICE FOUNDATION, INC., a Florida non-profit corporation,
hereinafter called the "Grantee", whose Post Office address is: 925 Lakeview Road,
Clearwater, Florida 33756:
(Whenever used herein the term "grantor" and "grantee" indude all the parties to this instrument, as defined herein, and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of $10,00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that certain parcel of
real property situate in Pinellas County, Florida, viz:
NORWOOD 1 ST ADDITION, Block D, Lots 1, 2, 3 and the West % of Lot
4, LESS Street, as recorded in Plat Book 5, Page 79, Public Records of
Pinellas County, Florida; together with AVONDALE SUBDIVISION,
Block H, Lots 3, 4, 5, 6 and 7 as recorded in Plat Book 7, Page 40,
Public Records of Pinellas County, Florida
Together with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining,
To Have and to Hold, the same in fee simple forever,
Subject to nondelinquent ad valorem taxes and current installments of special
assessments not yet. due and payable, if any, and to highways, rights-of-way, licenses,
easements and restrictions of record generally, zoning ordinances and other
governmental limitations, or others which might be disclosed by an accurate inspection
and architectural survey,
And the said Grantor does specifically warrant the title to said land and will defend the
same against the lawful claim of all persons claiming by, through or under Grantor except
taxes for the year 2003 and subsequent, and subject to the matters hereinabove
mentioned,
In Witness Whereof, the Grantor has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed, by its proper officers thereunto duly
authorized, the day and year first above written.
/ ;)-(!) (:3 - c~r
Signatories: Special Warranty Deed
Fr: City of Clearwater, Florida
To: Community Service Foundation, Inc,
RE: Parcel No.1 0-29-15-61758-004-001 0
Parcel NO.1 0-29-15-01926-008-0030
Countersigned:
CITY OF CLEARWATER, FLORIDA
BY~~~~
I iam B, Horne, II
City Manager
Attest:
z
y thia E. Goudeau, City Clerk
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J, Aungst, Mayor-
Commissioner 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,
'fL
WITNESS my hand and official seal this ~ day of July 2003,
C~ rX!. ~ My Commission Expires:
Notary PU~of Florida
Print/type name:
,";:t..~'H:"'" Carolyn L Brink
/!'A~:1 MY COMMISSION # OD203569 EXPIRES
~i.~.;,-j May 22, 2007
"'~iir;,r..~~" BONDED THRU TROY FAIN INSURANC~ INC
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B, Horne, II, the 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,
'fL
WITNESS my hand and official seal thisl'l day of July 2003.
(l~.. I ue ~ My Commission Expires:
Notary "'P~tate Of' Florida
Print/type name:
Approved as to form:
t J
Laur~~ty Attorney
4I'ij\~I~ Carolyn L Brink
N d MY COMMISSION #, DD203569 EXPIRES
~' . "'",,> May 22, 2007
.J>.;,~r:,i~~" BONDED THRU TROY FAIN INSURANC~ INC
~(Q)fP1f
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), p, O. Box 4748, Clearwater, Florida 33758-4748, and COMMUNITY SERVICE FOUNDATION,
INC" a Florida nonprofit corporation (herein "Buyer"), 925 Lakeview Road, Clearwater, FI. 33756, (collectively
"Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property")
and personal property, if any ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICiAlS, TIME IS OF THE ESSENCE IN THIS
CONTRACT,
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P,M, of the next
business day.
1, PROPFRTY DFSCRIPTION
LEGAL DESCRIPTION: NORWOOD 1ST ADDITION, Block 0, Lots1,2, 3 and the West Yo of Lot 4, less
Street, as recorded in Plat Book 5, Page 79, Public Records of Pinellas County,
Florida; together with AVONDALE SUBDIVISION, Block H, Lots 3, 4, 5, 6 and 7,
as recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida
STREET ADDRESS: 1620 Fulton Street, Clearwater, FI, 33755, alkJa "Fulton Apartments"
PERSONAlTY: 19 new 30" gas ranges with ovens, 19 new 18 cu, ft. refrigerators, mini-blinds (all
windows)
2. FUll PIIRCHASI= PRICF ..............,......................,.,..........,..........,................,...............,.,$ 925,000.00
3, MANNFR OF PAYMFNT
Buyer to qualify for and obtain third party financing as described
In Paragraph 4 in the sum of not less than ................,....,..................,...........,.............$ 725,000,00
Buyer to execute and deliver mortgage and other instruments of security in favor of the Seller
to secure a purchase money second mortgage as described in Paragraph 5 in the amount of..., $ 200,000,00
Balance to be paid at closing in U,S. funds, cash, certified or
cashier's check, subject to adjustments and prorations.........,..,.. ,." ........ '.....,..,.. ...,.. ..., ,., ,.. ,$ -0-
4, THIRn PARTY FINANCING
The purchase contemplated herein is subject to Buyer applying for and obtaining first mortgage third party
financing in the total sum of $725,000.00 at a fixed interest rate not to exceed 7,25% per annum for a term of not
less than 15 years with a 25 year amortization; or alternatively, $725,000,00 with adjustable rate financing
bearing an initial interest rate of 6% per annum for a term of not less than 15 years with a 25 year amortization,
Buyer shall bear all costs of obtaining financing, Buyer shall submit financing application within 7 days following
receipt of fully executed agreement, and shall use all reasonable diligence to obtain the commitment for the
financing hereinabove described and, thereafter, to meet the terms and conditions of the commitment and to
close the loan. If Buyer fails to obtain the loan commitment and promptly notifies the Seller in writing, or if after
diligent effort Buyer fails to meet the terms and .::onditions of the commi,ment prior to closing, then either party
may cancel this contract and both parties shall be relieved of any and all further obligations hereunder.
5, PURCHASF MONEY SFCOND MORTGAGF
At closing Buyer to execute and deliver to Seller mortgage and other instruments of security to secure a
purchase money second mortgage in the sum of $200,000,00 at zero percent (0%) interest repayable in the
following manner: Zero payments due over the first five (5) years following closing, thereafter repayable in the
sum of $8,000,00 annually with the initial payment due on the first day of the first month of the sixth (6th) year
following closing, and $8,000,00 payable annually on each anniversary of said date for twenty-four (24)
succeeding years or until otherwise fully paid,
1
6, TIMF FOR ACCEPTANCF
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"), If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter,
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action,
7, nILE
Seller shall ccinvey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 8 and those otherwise accepted by Buyer, Otherwise title shall be free of liens and
encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any;
covenants, restrictions and public Litility easements of record; and (other matters which title will be subject): ~
Q1bers; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended
use of the Property for residential purposes,
8, TITI F FVlnFNCF
Buyer may, at Buyer expense and within ...1.U... days prior to closing date obtain a title insurance commitment
issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in
this Contract, and those which shall be discharged by Seller at or before closing, Seller shall convey a
marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract.
Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in
accordance with law, Buyer shall have 5 days to examine title evidence following receipt. If title is found
defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s), If the defect(s) render
title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract.
Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided
therefore, including the bringing of necessary suits,
9. CERTAIN RIGHTS RFSFRVFn
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided
three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate,
minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one-
half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the. privilege to mine
and develop the same. If the real propp.rty being r.onVfwed hereunder is Ip.ss than /0 r.ont~,uow:; ;:Jcrp.s is
presently de~eloped and/or therp. exists future developr:nent pl;:]ns ;:]nd,there is little :~:Ii~;'~:h ~~ih: ~:~~~;~~?;
any of the minerals or petroleum contempl;:lfed by Section /70 11 Frond;:] Statutp.s, II J I t n t
expressly rp.leases the ahovp. described rights
10, SlIRVFY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor, If
survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
11, ClOSING PI ACF ANn nATF
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 90 days following thp. "Fffp.c:tivp. natp.", unless extended by
other provisions of this contract. If either party is unable to comply with any provision of this contract within the
time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to
comply, then upon giving written notice to the other party, time of closing may be extended up to ...3Q.days
without effect upon any other term, covenant or condition contained in this contract.
12, CLOSING nOCIIMFNTS
Seller shall furnish deed, purchase money mortgage documentation, contractor, equipment and appliances
warranties, bill of sale, mechanic's lien affidavit, assignments of leases, tenant estoppel letters, and corrective
instruments as applicable to this transaction, Buyer shall furnish closing statement.
2
13, CLOSING EXPFNSFS
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201,24, Florida Statutes, shall be paid by the Buyer, Seller shall pay the costs of recording any
corrective instruments.
14. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing, If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller,
15, PROPFRTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition, Seller makes no warranties other than
as disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and marketability of title,
16, SFII FR HEI D HARMI FSS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 9 above,
17, SEll FR WARRANTIFS
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except
as follows: NONE KNOWN,
18, PROCFFDS OF SAI F; ClOSING PROCFDIIRF
The deed shall be recorded upon clearance of funds, Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a periOd of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence, If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed, If Buyer fails to make timely demand for refund, Buyer shall take title "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed, The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627,7841, F,S. (1987), as amended,
19,DFFAIIIT
If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the
deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages,
consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller
shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce
Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific
performance or elect to receive the retum of Buyer deposit(s) without thereby waiving any action for damages
resulting from Seller's breach,
20, RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time, Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
3
21, CONTRACT NOT RFCORDARI F; PFRSONS ROIIND
Neither this contract nor any notice of it shall be recorded in any public records, This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
22, NOTICF
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
23, ASSIGNARIIITY; PFRSONS ROIINO
This contract is net assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural.
This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if
assignment is permitted),
24, AlTORNEY FFFS; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
25, NO RROKFR
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby, Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
26. TYPFWRllTFN OR I-IANDWRllTFN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
27, FFFFCT OF PARTIAl INVAliDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision, In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision,
28, GOVFRNING I AW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida,
29, CO! INTFRPARTS; FACSIMII E COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum,
attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an
original.
30, SPFCIAI CI AIISES
An Addendum containing special clauses that constitute agreements and covenants between the parties
identified herein as Exhibit "A" - Fulton Apartments Declaration of Surplus Criteria (hereafter, "criteria"), is
attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted
by the parties, Buyer covenants and affirms to Seller that Buyer meets all of the criteria and shall fully comply
with all of its post-closing requirements. Seller acknowledges that it is receipt of and has reviewed and accepted
Buyer's organizational and financial records as meeting the threshold criteria and that Buyer's response to Bid
No, 12-03 complies with all provisions contained therein, When any special clause in the Addendum is in conflict
with any provision contained elsewhere in this contract, the special clause shall govern,
4
31. MERGFR RY IJEFIJ
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and acceptance
thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
32. ENTIRF AGRFFMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral' promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
.:sjZG/
,2003
COMMUNITY SERVICE FOUNDATION, INC.
t l -,
By: >7'/!L~!~~~'kl~)p~~~dent
-------------------------------------------------------------------------..--------------------------------------------------
n " 7//
APPROVED AND ACCEPTED THIS O";y day of
r\ . .-,
/~
G" '.
,2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
B~__t.~-rr
lliam B. Home, II, City Manager
Approved as to form:
ATTEST:
, ,/ '. ('
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".,/ .'-;1 .,-. fi"
'/ ) (.711..-/-1; J<::\ ')
: ,..- ; ~
Laura Lipowski, Assistant City Attorney
Ebarrettonpwa1/citysells/Fulton Apts. Cont 03 03.doc
5
FULTON APARTMENTS
Addendum to Contract For Sale of Real Property
By
The City of Clearwater, Florida
Seller to pay for documentary stamps on the deed.
2 The seller shall furnish to the buyer a complete set of the "as built" plans and
rehabilitation specifications, and rehabilitation contract or contracts. Upon
completion of the rehabilitation the buyer shall have an opportunity to inspect the
property. Any deficiencies found shall be corrected by the seller before closing .It
is understood that the property is to be delivered to the buyer ready for occupancy
requiring no adjustments or repairs,
3 All warranties and guarantees that are part of the rehabilitation contracts shall be
issued jointly to the City and to the Community Service Foundation as buyer.
4 Closing is subject to the City of Clearwater issuing a Certificate of Occupancy.
Date: :if;U.,.:f
,2003
By:
---------------------------------------------------------------------------------------
APPROVED AND ACCEPTED TIDSd pi ~y of [~jJ
,2003.
CITY OF CLEARWATER, FLORIDA
,~~. ~NL""II:
William B. Horne, II, City Manager
Approved as to form:
ATTEST:
(j\~i
"- .,J
. '. I . " .
Laura Lipowski, fuslstant City Attorney I Cynthia E
if V