THE SALVATION ARMYCONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: THE SALVATION ARMY; a Georgia corporation t (herein "Seller"), of
1424 Northeast Expressway, Atlanta; Georgia 30329 Phone: --(4U4-) uil-3101, and the CITY OF
CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or
"City") of P. 0. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: City
Attorney, Phone: (727) 562-4010 (collectively "Parties") hereby agree that the Seller
shall sell and Buyer shall buy the following real property ("Real Property") and personal
property ("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. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: COACHMAN HEIGHTS REVISED SUB., Block "A", the West 100 feet of the
,south 20 feet, more or less, of Lot 3 and the West 100 feet of Lot
4 LESS Street, as recorded in Plat Book 1, Page 16 of the Public
Records of Pinellas County, Florida.
STREET ADDRESS (City/Zip/State): 900 Pierce Street, Clearwater, Florida
PERSONALTY: NONE INCLUDED IN PURCHASE OR TO OTHERWISE BE CONVEYED.
2. FULL PURCHASE PRICE $ 100,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U: S. funds at time
of closing $ 100,000.00
4. DETERMINATION OF PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the
Seller by [X] City staff [ ] Broker acting as Agent of the [ ] City [ ] Seller.
The Purchase Price is based on:
[x] Appraisal of the real property performed for the [x] Seller [ ] Buyer by
a Florida certified real estate appraiser. The -market value of the Real
Property's fee simple interest was determined to be $100,000 by James H.
Millspaugh, MAI on July 29, 1998. By execution hereof, Seller authorizes
appraiser to provide a copy of said appraisal report to the City.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, 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 in the Public Works Department of the City of Clearwater for acceptance and
approval, counter-offer, 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 a counter-offer is approved by the Commission, it shall be delivered to
Seller in writing within 10 days of such action by the. City Commission, and Seller shall
have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of
such counter-offer. If written notice of acceptanceis not timely delivered, or if the
counter-offer is rejected by Seller, this contract shall thereafter be null and void in
all respects. If this contract is rejectedby 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.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Propertyiby
Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph 7
acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing;
covenants, restrictions and public utility easements of record; and NO OTHERS; provided
there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property as A PORTION OF A REGIONAL STORMWATER RETENTION POND. Seller
warrants and represents that there is ingress and egress to the Real Property sufficient
for the intended use as described herein. Personalty shall, at Buyer request, be
transferred by an absolute bill of sale with warranty of title, subject only to such
matters as may be otherwise provided herein.
Page 1 of 5
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 15 days prior to closing date deliver to
Buyer 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 from receiving evidence of title to examine it. 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 therefor, including the bringing of necessary suits.
8. SURVEY
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. The survey shall be
performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code
and may include a description of the property under the Florida Coordinate System as
defined in Chapter 117, Florida Statutes.
9. WOOD DESTROYING ORGANISM INSPECTION "Wood destroying organism" means arthropod or
plant life which may damage the wood in a structure, as defined in F. S. 482.021(26).
Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed'pest
control business to determine the presence in the improvements of past or .present
infestation and damage caused by infestation. Seller shall have 5 days after receipt of
Buyer's written report to obtain repair estimates from a licensed building or general
contractor, and treatment estimate from a licensed pest control business. Seller shall
treat and repair the Property if the cost to do so does not exceed 3% of the purchase
price ("Treatment/Repair Limit"). If the cost of treatment and repair exceeds the
Treatment/Repair Limit, either party may elect to pay the excess, in which event the Buyer
shall receive a credit at closing equal to 3% of the purchase price, failing which, either
party may terminate this contract. If there is no evidence of live infestation and the
Property is covered by a full treatment warranty, Seller shall transfer the warranty to
Buyer at closing and shall not be obligated to treat the Property. .
10. CLOSING PLACE AND DATE
Seller 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 NINETY
DAYS FOLLOWING THE EFFECTIVE DATE 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 45 days without effect upon any other term, covenant or
condition contained in this contract.
11. CLOSING DOCUMENTS
Seller shall furnish deed, closing statement(s), bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters,
and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution
of its Board of Directors authorizing the sale and delivery of the deed and certification
by the corporate Secretary certifying the resolution and setting forth facts showing the
conveyance conforms with the requirements of local law.
12. CLOSING. EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24,
Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of
recording any corrective instruments. Recordation of the deed shall be paid by Buyer.
13. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated
through the day before closing. Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pinellas County
Tax Collector with notification to thereafter exempt the Property from taxation as
provided in Chapter 196.012(6), Florida Statutes. 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.
Page 2 of 5
r
14. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as
otherwise disclosed herein. If Property is intended to be rented or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants
disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at
time of closing unless otherwise stated, herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be
responsible and liable for maintenance from that date, and shall be deemed to have
accepted Property in its existing conditions as of the time of taking occupancy unless
otherwise stated herein or in separate writing.
15. LEASES
Seller shall, not less than 15 days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of
the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant.
If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to confirm such information. Seller shall, at
closing, deliver and assign all original leases to Buyer and credit Buyer with all
advanced rents and security deposits paid by or on behalf of each tenant.
16. PROPERTY 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 landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein in Paragraph 22 ("SELLER WARRANTIES") and marketability of title. Buyer's
covenant to purchase the Property "as is" is more specifically represented in either
subparagraph a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition.
b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 60 days
from Effective Date ("Inspection Period"), conduct inspections, tests,
environmental and any other investigations of the Property Buyer deems
necessary to determine suitability for Buyer's intended use. Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities services
as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection
Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise
remedy such conditions to Buyer satisfaction; or Buyer, , may elect
to accept a credit at closing of the total estimated repair costs as determined
by a licensed general contractor of Buyer's selection and ex ense If this
transaction does not close, Buyer agrees, at Buyer expense, to repair all
damages to the Property resulting from the inspections and investigations and
return the Property to its present condition.
Witt/ roiled
AWIs Sef
17. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closing, Buyer may conduct a final "walk-through" inspection of the Property to determine
compliance with any Buyer obligations under Paragraphs 9 and 16 and to insure that all
Property is in and on the premises. No new issues may be raised as a result of the walk-
through.
18. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida
Sovereign immunity statute, F. S. 758.28, agrees to indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspections and investigations
described in Paragraph 16(b) resulting from Buyer's own negligence only, or that of its
employees or agents only, subject to the limits and restrictions of the sovereign immunity
statute.
19. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of
restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost
of restoration shall be an obligation of the Seller and closing shall proceed pursuant to
the terms of this contract with restoration costs escrowed at closing. If the cost of
restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shall have the option of either taking the Property "as is", together with either the 3%
or any insurance proceeds payable by virtue of such loss or damage, or of canceling this
contract. Page 3 of 5
20. PROCEEDS OF SALE; CLOSING PROCEDURE
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.
21. DEFAULT
If this transaction is not closed due to any default or failure on the part of the
Seller, other than to make the title marketable after diligent effort, Buyer may seek
specific performance or unilaterly cancel this agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the part of the
Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
22. SELLER WARRANTIES
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: (Specify known defects.
If none are known, write "NONE")
Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period")
to investigate said matters as disclosed by the Seller, and shall notify Seller in writing
whether Buyer will close on this contract notwithstanding said matters, or whether Buyer
shall elect to cancel this contract. If Buyer fails to so notify Seller within said time
period, Buyer shall be deemed to have waived any objection to the disclosed matters and
shall have the obligation to close on the contract.
23. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as
amended, Buyer is hereby informed as follows:
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.
24. CONTRACT NOT RECORDABLE; PERSONS BOUND
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.
25. NOTICE
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.
26. ASSIGNABILITY; PERSONS BOUND
This contract is not 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).
27. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
Page 4 of 5
• • ,
29. NO BROKER
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.
30. EFFECT 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.
31. GOVERNING LAW
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.
32. COUNTERPARTS; FACSIMILE 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.
33. SPECIAL CLAUSES
[X] Not applicable, OR [ ] An Addendum containing special clauses that constitute
agreements and covenants between the parties is attached to and a part of this contract.
When any special clause in. the Addendum is in conflict with any provision contained
elsewhere in this contract, then the special clause shall govern.
34. ENTIRE AGREEMENT
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 conditions 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,;ENVTRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. P•'Gt f� t>'.5 ,•
Date:
By: %
THE SALVATION ARMY, a Georgia
corp ration
Print nam
Title
� W
RAYMOND&
OPER, VICE-PRESIDENTS o ci a
[ ] APPROVED AND ACCEPTED this ply' day of (6-,2irvk,
Cour ersigne
Rita Garvey, Mayor-
mmissioner
Approved as to form and
legal sufficiency:
John Carassas, Assistant City Attorney
Salvation Army Contr 0998ewb
, 199 r.
CITY OF CLEARWATER, FLORIDA
City Manager
ATTEST
Page 5 of 5
'.Cynthia 'Et. 'Goudeau City Clerk
./
,-., I
. ~ - J
. ,
~orporat9 Warranty Deed
liST # 99-040990
FES 9, 1999 4:09PM
~r . -- -~--
This Indenture, made this 5 th day of February
A.D. 19 99 Between
THE SALVATION ARMY "GECRC~~. cor-:;
PINELLAS COUNTY FLA
OFF.REC.SK 10400 PG 282
whose post office address is: 1424 NORTHEAST EXPRESSWA
ATLANTA, GA 30329
\\51
(11 R"SCO~ DrN
a corporation existing under the laws of the
State of GEORGIA , Grantor and
CITY OF CLEARWATER, FLORIDA, a Municipal
Corporation
nr~; ~ ....
whose post office address is: P.O. BOX 474 8
CLEARWATER, FL 34618-4748
['3 ___..
j~";T ______.._
Grantees' Tax Id # :
Grantee,
.._,~
fJ~~~~ '
:r..d:;c~_
~_!ii."_ ...-.......-...:
~..l -
.,~.~..
_.,.,:.,~:'...r~.
:f'f"P
Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO/100 )
Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said Grantee forever, the following described land, situate, lying and being in the County of
Pinellas , State of Florida, to wit:
See Schedule A attached hereto and by this reference made a part
hereof.
. ,.-:.C
.;';J
. ~....,'
DocumentiHyT;,x Fd $ ~~,
$~ _lntEmgith: ':~~" ~ .;;.
Karleen F. Do B!r;!:er, C1':'rk, Pine!la" Got', '.,
,cXJ By -- -r [kp"~ CI,,',
Subject to covenants, restrictions and easements of record. Subject
also to taxes for 1998 .and subsequent years. .
Parcel Identification Number: 15-29-15-16830-001-0041
And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful
claims of all persons whomsoever,
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly
authorized officer and caused its corporate seal to be affIXed the day and year first above written, " '. ': '"
THE SALVATION ARMY ~GECRCd\ COf"""
'"1"'.'
Signed and Sealed in Our Presence:
By: /
; ~ - ,;:""
· ':':1~~;';~'~;;~'~:::;
, f/1...
(Corporate Seal)
.....
N~.Jk
The f~1<<Qi1!Kinstrument was acknow.ledged before me this ~ day of February
I\WNO A, COOPER, VICE-PRESIDENT
of THE SALVATION ARMY
~~~b.
, 19 99 , by
~. rporation existing under the laws of the State of
~ She is personally known to me or has produced
GEORGIA
/,.
(9
CWD-l
5/93
PREPARED BY: SHERRYL MANTELL
RECORD & RETURN TO:
Security First Title Partners
1700 9th Street North
St. Petersburg, Florida 33704
File No: 981509P
taty Public
of pl1ft~alVas, Ltd.
My Commission Expires:
/1- 0/7'-//
I'"
~,,::- ~~
."
I
,
L,
,
PINELLAS COUNTY FLA,
OFF,REC,8K 10400 PG 283
Schedule A
That part of Lots 3 and 4, Block A, COACHMAN HEIGHTS
SUBDIVISION, according the plat thereof recorded in Plat Book
20, page 26, Public Records of Pinellas County, Florida,
described as follows:
Begin at the Northeast corner of Pierce Street and Prospect
Avenue as the same appears on the map or plat marked Exhibit "B"
and attached to that certain deed from H. Lane Coachman et al to
the City of Clearwater, dated July 20, 1951 recorded in Deed
Book 1341, page 283, Pinellas County Records and re-recorded
July 10, 1953 as Instrument No. 86Z63A (said point of Beginning
also being described as the Southwest corner of Lot 4, Block "A"
Coachman Hieghts Subdivision less that part of said lot
occupied by Pierce Street), and from the Point of Beginning thus
established run East one hundred (100) feet along the South line
of Pierce Street, thence run North fifty (50) feet, thence run
West one hundred (100) feet to the East line of Prospect Avenue,
thence run South fifty (50 feet along the Easts line of Prospect
Avenue to Point of Beginning.
---&~---.JFB--- G2 G9 1m 1~~~'-'.
01 DEI-SAlVA ARtIy
RECORD1N6
DOCSTAIIP - DR219
.w't
8L015892.JFB 02-09-1999
11 3010 - ??oo1157
DEI-SALVA ARlty
RECORD FEES 9
11I1 TRUST FUND 10
TOTAl:
CHARGE AIDJNT ~
..1
.' J
TOTAL:
CHECK MT. TENDERED:
CHANGE:
File No: 981509P
09:59:25
$4.00
$.50
------
$4.50
$4.50
, ~,t6.00' ..'
$700.00
---
$706.00
$706.00
$.00
CONDITIONS
1, D-gFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public
Records" means title records that give constructive notice of matters affecting your title
ac~ording to the state statutes where your land is located,
2. LATER DEFECTS
Tne Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attach
between the Commitment Date and the date on which all of the Requirements of Schedule
B- Section 1 are met, We shall have no liability to you because of this amendment.
3, EXISTING DEFECTS
If: any defects, liens or encumbrances existing at Commitment Date are not shown in
Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to
show these defects, liens or encumbrances, we shall be liable to you according to
Paragraph 4 below unless you knew of this information and did not tell us about it in
writing,
4, LIMIT A TION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you
h4ve met its Requirements, If we have any liability to you for any loss you incur because
of an error in this Commitment, our liability will be limited to your actual loss caused by
Y0ur relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section 1
or
Eliminate, with our written consent, any Exceptions shown in
Schedule B - Section 2.
W, e shall not be liable for more than the Policy Amount shown in Schedule A of this
Commitment and our liability is subject to the terms of the Policy form to be issued to you,
5, CLAIMS MUST BE BASED ON THIS COMMITMENT
~ny claim, whether or not based on negligence, which you may have against us concerning
the title to the land must be based on this Commitment and is subject to its terms,
~ j
oi
J
I
FAl1C-201 (Rev. 9-78)
"~irst- AJerican Title Insurance CJmpany
SCHEDULE A
Agent's
FileNo,: 102488-4-8
Commitment No. FA,CC,
DP/CC
Date Issued: December 14, 1998
05:00 PM
05 :~M QjSlqq C(f\/
Effective Date: December 9, 1998
2. Policy or Policies to be issued: Amount of Policy: $ 100 , 000 . 00
(a) A. L. T, A. Owner's Policy (10-17-92) (With Florida Modifications)
Proposed Insured: CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION
(b)
A, L. T. A. Loan Policy
(10-17-92) (With Florida Modifications)
Proposed Insured:
$
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest designated as follows:
Fee Simple
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated as indicated in No.
3 above) is, at the effective date hereof, vested in:
SALVATION ARMY
5.
The land referred to in this Commitment is in the
State of Florida
and described as follows:
County of Pinellas
See Attached Commitment Schedule A Continued
SECURITY FIRST TITLE PARTNERS
1700 9TH STREET NORTH SUITE C
ST. PETERSBURG, FLORIDA 33704
(Insert above line name of Agent)
IJ.BY~ &!Efis /Y)f1 Ai;! LId
\J Authoriz Signatory
FATlC-600 (Rev. 9-78)
First A.Jerican Title Insurance CJmpany
,
SCHEDULE
A
(Continued)
Agent's
File No.:
102488-4-8
Commitment No, FA-CC-
DP/CC
Policy No.:
That part of Lots 3 and 4, Block A, COACHMAN HEIGHTS
SUBDIVISION, according to the plat thereof, recorded in Plat
Book 20, Page(s) 26, Public Records of Pinellas County,
Florida, described as follows:
Begin at the Northeast corner of pierce Street and Prospect
Avenue as the same appears on the map or plat markeO Exhibit "B"
and attached to that certain deed from H. Lane Coachman et al to
City of Clearwater, dated July 20, 1951 recorded in Deed Book
1341, page 283, Pinellas County Records and re-recorded July 10,
1953 as Instrument NO. 86Z63A (said point of beginning also
being described as the Southwest corner of Lot 4, Block "A"
Coachman Heights Subdivision, less that part of said lot
occupied by pierce Street), and from the Point of Beginning thus
established run East one hundred (100) feet along the South line
of Pierce Street, thence run North fifty (SO) feet, thence run
West one hundred (100) feet to the East line of Prospect Avenue,
thence run South fifty (SO) feet along the East line of Prospect
Avenue to Point of Beginning.
FATIC-202 (Rev. 9-78)
. Eirst Anlrican Title Insurance CJmpany
SCHEDULE B-1
(Requirements)
Agent's
File No,: 102488-4-8
Commitment No. FA-CC-
DP/CC
The following are the re ' ments to be complied with:
1, Payment to r for th account of, the grantors or mortgagors of the full consideration for the estate or interest to
be insur ,
2, Pay t of all taxes, assessments, levied and assessed against subject premises, which are due and payable.
3, Sat' factory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed;
at contractor, subcontractor, labor and materialmen are paid in full,
4, / nstruments in insurable form which must be properly executed, delivered and duly filed for record:
a. Submit a proper OWners/Seller's Affidavit satisfactory to insure
against unrecorded mechanic's liens.
b. Submit a proper survey certified to all parties involved in this
transaction, including but not limited to, First American Title
Insurance Company.
c. Warranty Deed trom SALVATION ARMY to CITY OF CLEARWATER, FLORIDA, A
MUNICIPAL CO ORATION conveying premises described under Schedule A.
evidence must be furnished as to the proper incorporation
Ar.my, a corporation, prior to the acquisition of
erty described in Schedule A, together with proof as to the
urrent status of said corporation. If the sale is in the regular
qourse of the corporation's business, the requirements of Section
607.1201, F.S., must be met. If the sale is not in the regular course
of the corporation's business, the requirements of Section 607.1202,
F.S., must be met. The Company reserves the right to make such
additional requirements as it may deem necessary.
e
If the propose~itransaction is the sale of all or substantially all of
he assets of ?alvation Ar.my, a corporation, otherwise than in the
r ular/and ~ual course of business, a certified copy of the
board of directors and shareholder approval is
to F.S. 607.1202.
f.
from appropriate governmental authorities, that City
ssessment Liens, and water, sewer and trash
ny, have been paid.
.-/-'
FAT - 203 (Rev. 10-92)
'ITirst Anlrican Title Insurance CJmpany
SCHEDULE B-II
(Exceptions)
Agent's
File No.:
102488-4-8
Commitment No. FA-CC-
DP/CC
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company.
C{;'/l Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements, or claims of easement, not shown by the public records.
~ Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
~' or inspection of the premises.
Jty \...-Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
r--LYV shown by the public records.
-V f Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian rights, if any.
7. Taxes or special assessments which are not shown as existing liens by the public records.
8. The lien of the Taxes for the year 1999, which are not yet due and
payable.
1998 Taxes: TAX EXEMPT
Total Assessed Value $100,700.00
Taxing District: CWD-CLEARWATER
Homestead Exemption filed for 1998? no
Other Exemptions: none
Parcel No. 15/29/15/16830/001/0041
9. Personal Property Taxes - NONE FOUND
10. Terms and provisions of all agreements and franchises pertaining to the
cost, installation, operation, and maintenance of gas, water and/or sewer
facilities. (OWner's Policy only)
I
I
TAX PRORATION
FILE#:
981509P
PROPERTY: 900 PIERCE STREET, CLEARWATER, Florida 34618-4748
DATE:
February 5, 1999
It is understood between the parties hereto that the exact amount of real
property taxes applicable to the subject property for the current year is unknown. The
tax proration herein was therefore based upon estimated taxes in the amount of
$ 0.00
Should actual taxes for the current year vary from estimated taxes, each P9rty
shall have the right to demand and receive from the other a re-proration of taxes and
reimbursement for the prorated amount of variation thereof. Each party consents to
such proration and agrees to look to the other party should a re-proration become
necessary, and to save and hold harmless as to such proration the mortgagee,
realtors and closing attorney and/or agent. _
THE SALV: ON Dl. GEORG!AcorO
B : \ C
RAYMOND A. CO ER, VI -
~ Seller
CITY OF~~~
Purchaser
Actual bill paid = $
TAX RE-PRORATION WORKSHEET
J.f~)..( <i~.f Qr'n{r
~ 365 = $
daily tax rate
$
daily tax rate x 0
number of days prorated
actual tax proration.
per closing statement = $
Actual tax proration
LESS: Estimated tax proration
Difference, actual vs. estimated taxes
$
$ 0.00
$
If difference is a positive number, Seller owes Buyer the difference.
If difference is a negative number, Buyer owes Seller the difference.
Form No.: PTS-cNTYTAX
I
I
AUTHORIZATION, DISCLOSURE AND ACKNOWLEDGMENT FORM
FILE: 981509P
LEGAL: Lot 3 & 4, Block A, COACHMAN HEIGHTS REVISED SUB.
SELLER: RAYMOND A. COOPER of THE SALVATION ARMY
BUYER: CITY OF CLEARWATER, FLORIDA a Municipal Corporation
The undersigned approve and acknowledge receipt of a copy of the Settlement
Statement (H U D-1) and authorize disbursement of funds as shown therein this February
5, 1999. We further acknowledge that we understand that the figures set forth on the
settlement statement relating to mortgage payoffs, taxes, utilities, rental prorations,
maintenance fees, special assessments, and/or any other charges are based upon the
best information available and subject to human error; and in the event said figures differ
from the actual figures, the Buyer and Seller agree to promptly pay all additional sums
owing which are necessary to fully satisfy said outstanding balances. Security First Title
Partners of Pinellas, Ltd. will be responsible for any penalties incurred due to any error
on their part. It is further understood that Security First Title Partners of Pinellas, Ltd.
cannot at this time ascertain if there will be personal property tax on the subject property
or an amount on which to base the proration. Any proration necessary when the tax bill
becomes available will be handled between the parties and Security First Title Partners
of Pinellas, Ltd. will not be responsible.
IS THE HOMESTEAD EXEMPTION FOR THE YEAR 199 IN EFFECT ON THE ABOVE'
REFERENCED PROPERTY? YES NO We understand that
Security First Title Partners of Pinellas, Ltd. is relYing on thiS statement to compute the
applicable tax proration amounts between Buyers and Sellers and/or the appropriate
tax amount for the Lender's escrow account.
The undersigned acknowledges being fully apprised, at the time of listing and/or at the
time of contract dated N/ A of the above referenced property, that there is a business
relationship between N/A and N\/A, through a partial ownership interest in SECURITY
FIRST TITLE PARTNERS OF PINELLAS, LTD. ..
All utility bills, including but not limited to water, sewer, gas, garbage and electric are the
responsibilities of the undersigned parties, not the closing agents. All matters regarding
utility bills will be handled outside of closing.
The undersigned parties will fully cooperate if adjustment for clerical errors on any or all
closing documentation is necessary and will sign such additional documents as are
necessary to correct such errors.
I: ~'II coro
~~~
STREET ADDRESS
STREET ADDRESS
CITY, STATE & ZIP
CITY, STATE & ZIP
PHONE NUMBER
PHONE NUMBER
WORK PHONE NUMBER
WORK PHONE NUMBER
I
I
HOLD HARMLESS
Date: February 5, 1999
Seller: THE SALVATION ARMY, a Georgia Corporation
Buyer: CI'IY OF CLEARWATER, FLORIDA a Municipal Corporation
Property: Lot 3 & 4, Block A, COACHMAN HEIGHTS REVISED SUB.
900 PIERCE STREET CLEARWATER, Florida 34618-4748
L
L
TERMITE WAIVER: We, the undersigned buyers and sellers of the
above referenced transaction, do hereby certify that we have agreed to
waive the termite inspection f:.~d property.
INITIALS j ~
SURVEY WAIVER: We, the undersigned buyers and sellers of the
above referenced transaction, do hereby certify that we have agreed to
waive having said property su.~
INITIALS', . ~~
RELEASE OF CONTINGENCES: We, the undersigned buyers and sellers
of the above referenced transaction, do hereby release and accept
that all contingencies have been met per the contract for purchase and
sale, dated
INITIALS
RADON DISCLOSURE: Radon is a naturally occuring 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..
INITIALS:
./
L
BUYERS ONLY
HAZARD and/or FLOOD INSURANCE: We, the undersigned buyers ofthe
above referenced transaction, do hereby accept full responsibility
ror obtaining proper iDsorance(ragt! ror said property.
INITIALS i..,. ~
.
"AS IS": We, the undersigned buyers of the above referenced
transaction do hereby certify that we have agreed to purchase said
property in "as is" condition.
INITIALS
SELLERS ONLY
PAYOFF REIMBURSEMENT AGREEMENT:
We, the undersigned sellers of the above referenced transaction do hereby understand that amount(s) witheld
from our proceeds to payoff existing mortgage(s) have been obtained from the holder(s) of said mortgage(s).
Every effort has been made to obtain accurate information, however should there exist any discrepancy in the
payoff amount(s) collected which results in additional sums necessary to pay such loan in full, we recognize
that we are fully responsible for payment of same. We hereby certify to The Security First Title Partners of
Pinellas, Ltd. that we will reimburse said sums within 48 hours of notification.
INITIALS
WE, the undersigned further agree to hold harmless The Security First Title Partners of Pinellas, their agents
and underwriters as to matters disclosed herein.
BuYer.s: ~
DATE:~ . $
2~~
~~
Sellers:
DATE:
Th~ Salvc:tlcn t.,:"':':'~f. A Geo~,\!r; Co .
'\.....
I AFFIDAVIT OF NO LIENS I
. ,or' -
STATE OF kc.i ~
COUNTY OF OLM.-o..QJ::J
Before me, the. undersigned authority, on this day personally appeared:
RAYMONO A. COOPER '. of THE SALVATION ARMY t~ Q;:CR~~A. cor.;
who, upon being by me fIrst duly sworn, deposes and says:
The affiant(s) is/are the owners of the following described real property
See Schedule A attached hereto and by this reference made a part hereof.
The affiant(s) is/are in full and exclusive constructive or actual possession of the above described premises and have no
knowledge of any claim or assertion of title to those premises, other than
None. There have been no improvements or repairs made upon said property
within the last three months which have not been paid.
There are no delinquent taxes or outstanding assessments or pending assessments of any kind against the property for
street paving, sewer, lighting or water services in respect to said property.
There are no unpaid bills or claims for labor or services performed or material furnished or delivered to said property.
The affiant(s) is/are not involved in any court proceedings affecting the above described real property, or in any
proceedings in which a money judgement might be entered against them, and that the affiant(s} owe to the United States no
money for overdue unpaid taxes.
The affiant(s) have not and will not execute any instrument or do any act whatsoever which would or might in any way
affect the title to the foregoing property to the detriment of the purchasers ~U~Jlii*"aUXXxx
'*U.XK~~~Ji~~UU~~~XXXXXXXXXX
All of the statements and representations set forth above are made in order to induce
CITY OF CLEARWATER, FLORIDA a Municipal Corporation
to purchase or complete the purchase of the foregoing property, to induce the aforesaid lender, if any, to. make a mortgage loan
on said property, and to induce the title insurance company to issue title insurance in relation to said property.
AFFIANT(S) KNOW THAT IF ANY OF THESE STATEMENTS AND
REPRESENTATIONS ARE FALSE THEN AFFIANT(S) IS/ARE OBTAINING MONEY
UNDER FALSE PRETENSES.
THE SALVATION A
(Seal)
(Seal)
By:
RAYMOND A. C
(Seal)
(Seal)
Sworn t8 ~d subscribed before me this 5th day of February, 1999 by
RAYMONO A. CO ?} wh is p~rsonally known to m~ or who has produced
as identification.
o
tary Public
State of ~lorida at Large
C/~'I~
My Commission Expires:
.~. ..
"'. '
I
I
Schedule A
That part of Lots 3 and 4, Block A, COACHMAN HEIGHTS
SUBDIVISION, according the plat thereof recorded in Plat Book
20, page 26, Public Records of Pinellas County, Florida,
described as follows:
Begin at the Northeast corner of Pierce Street and Prospect
Avenue as the same appears on the map or plat marked Exhibit "B"
and attached to that certain deed from H. Lane Coachman et al to
the City of Clearwater, dated July 20, 1951 recorded in Deed
Book 1341, page 283, Pinellas County Records and re-recorded
July 10, 1953 as Instrument No. 86Z63A (said point of Beginning
also being described as the Southwest corner of Lot 4, Block "A"
Coachman Hieghts Subdivision less that part of said lot
occupied by Pierce Street), and from the Point of Beginning thus
established run East one hundred (100) feet along the South line
of Pierce Street, thence run North fifty (50) feet, thence run
West one hundred (100) feet to the East line of Prospect Avenue,
thence run South fifty (50 feet along the Easts line of Prospect
Avenue to Point of Beginning.
File No: 981509P
,..
A.
U.S. DEPARTMENT OF.HOUSING AND URIAN DEVELOPMENT
SElTLEMENT STATEME T
B. PE OF LOAN
1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS.
4. 0 VA 5. 0 CONV. INS.
Security First Title Partners of Pinellas, Ltd.
1700 9th Street North
St. Petersburg, Florida 33704
6. FILE NUMBER:
981509P
8. MORTGAGE INS. CASE NO.:
7. LOAN NUMBER:
C. NOTE:
This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
'(p.o.c.)' were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
E. NAME OF SELLER:
ADDRESS OF SELLER:
THE SALVATION ARMY, a Georgia Corporation
1424 NORTHEAST EXPRESSWAY, ATlANTA, GA 30329
G. PROPERTY
LOCATION:
I. SETTLEMENT DATE:
J.
SUMMARY OF BORROWER'S TRANSACTION
K.
SUMMARY OF SELLER'S TRANSACTION
i9.~~:u.ijq$$.)~.qijNtmp'Q.ii::f6PijpijQ.ii.fiit::::t:::::\::::tttt::::::\:::t:::tm\::\\:\:::t.jmf~ijQ$$]ij~Qijtft-PU~:m$etwga~:\
120. GROSS AMOUNT DUE FROM BORROWER: ~
100,006.00 420. GROSS AMOUNT DUE TO SELLER:
100,000.00
1,485.00
303. CASH . ( !XI FROM) (D TO) BORROWER: ~
100,006.00 603. CASH (IXI TO) (0 FROM)
SELLER: ~
98,515.00
Form No.: PTS-HUD1
~
,r
HUD-1 (3-86)
RESPA, HB 4305.2
OMB No 2502-0265
~
PAGE 1
L . '4 SETTLEMENT
. 700. TOTAL SALES/BROKER'S COMMISSION:
CHARGES
.
@
%=
PAID FROM
BORROWER'S
FUNDS
AT
SETrLEMENT
... ........
PAID FROM
SELLER'S
FUNDS
AT
... SETrLEMENT.
%
1400. TOTAL SETrLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
~
6.00
1,485.00
I have carefully reviewed the HUD-1 Settlement Statement and to the best 01 my knowledge and belief, It Is a true and accurate statement of all receipts and dlsbursementa made on my account or
by me In this transaction. I funher cenify that I have received a copy of HUD-1 Settlement Statement. The underslgnecl do hereby acknowledge that In order to otlset the accounllng costs and
service charges associated with the maintenance of the escrow bank account for Security Rrst TIlle Pal1ners of Plnellas, Ud~ all deposited fUnds are earning Interest which will accrue to the
account 01 Security Rrst Tille Pal1ners of Pine lias, Ud.
Borrowers
Sellers
THE SALV
I
j
Settlement Agent
SHERRYL MANTELL
Date
Rle No.
Februarv 5, 1999
981509P
WARNING: It Is a crime to knowingly make lalse statements to the United States on this or any other similar form. Penallles upon conviction can include a fine or Imprisonment. For details see:
Title 18 U.S. Code Section 1001 and Section 1010. Form No.: PTS-HUD2
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
The following matters
by reason of:
1.
2.
3.
4.
EXCLUSIONS FROM COVERAGE
expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have
been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise to
the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the
amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the
Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with re-
gard to the matter or matters requiring such proof of
loss or damage.
In addition, the insured claimant may reasonably
be required to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be desig-
nated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence
and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized repre-
sentative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspon-
dence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or
damage. All information designated as confidential by
the insured claimant provided to the Company pursu-
ant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure
of the insured claimanttosubmitforexamination under
oath, produce other reasonably requested information
or grant permission to secure reasonably necessary
information from third parties as required in this para-
graph shall terminate any liability olthe Company under
2. CONTINUATION OF INSURANCE AFTER this poliCY as to that claim.
CQNVEYANCE OF TITLE. .
The coverage of this P91icy shall ~ontinue in force .' . OPTIONS TO PAY OR OTHERWISE SETTLE
as of Date of Policy :in favor of an insured only so long CLAIMS: TERMINATION OF'L1ABILlTY.
as the insured retains an estate or interest in the land, In case of a claim under this policy, the Company
I
(a) Any law, ordi8ance or governmental regulation (including but not limltd to building and zoning laws. ordinances. or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land;
(i1i) a separatipn in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien 9r encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above. except to the extent that 3 notice of the exercise thereof or a notice of a defect. lien or encumbrance
resulting from! a violation or alleged violation affecting the land has been recorded In the public records. at Date of PoliCY.
Rights of eminent ~omain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encJmbrances, adverse claims or other matters
(a) created, suffe'red, assumed or agreed to by the insured claimant:
(b) not known t~ the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company
by the insurea claimant prior to the date the insured claimant became an insured under this policy:
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws. that is based on
(i) the transaction creating the estate or interest insured by this policy being deemed a II audulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or Interest IIlsured by this poliCY being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
Thefollowing terms when used in this policy mean:
(a) "insured": the. insured named in Schedule A,
and, subject to any rights or defenses the Company
would have had against the named insured, those who
succeed to the interestof the named insured byopera-
tion of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survi-
vors, personal representatives, next of kin, or corporate
or fiduciary successors.
(b) "insured claifTIant": an insured claiming loss
or damage.
(c) "knowledge" or "known": actual knowledge,
not constructive knowledge or notice which may be
imputed to an insured; by reason of the public records
as defined in this policy or any other records which
impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in
Schedule A, and improvements affixed thereto which
by law constitute real' property. The term "land" does
not include any property beyond the lines of the area
described or referred ,to in Schedule A, nor any right,
title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shallllj10dify or limit the extent to which
a right of access to and from the land is insured by this
policy. :
(e) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(f) "public records": records established under
state statutes at Date of Policy for the purpose of
imparting constructi~e notice of matters relating to real
property to purchasers for value and without knowl-
edge. With respecttolSection 1 (a)(iv) olthe Exclusions
From Coverage, "public records" shall also include
environmental protection liens filed in the records of
the clerk of the United States district court for the
district in which the land is located.
(g) "unmarketability of the title": an alleged or
apparent matter affecting the title to the land, not
excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to pur-
chase by virtue of a contractual condition requiring the
delivery of marketable title.
the Company shall have no liability for loss or damage
until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy insur-
ing a mortgage to which exception is taken in Schedule
B orto which the insured has agreed, assumed, ortaken
subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to
the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing
this policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfac-
tion of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT.
(a) The Comoanv's Rioht of Subrogation.
Whenever the Company shall have settled and paid
a claim under this policy, all right of subrogation shall
vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be' en-
titled to all rights and remedies which the insured
lant would have had against any person or prop-
n respect to the claim had this policy not been
I' ed. If requested by the Company, the insured
claimant shall transfer to the Company aii rights and
FATlC-S21
· First Aerican Title Insurance I.mpany
SCHEDULE A
Agent's File No.: 102488 -4 - 8
Policy No.
Date of Policy: February 9, 1999
04:09:00 PM
FA-35-303638 JH
Amount of Insurance $ 100,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation
2. The estate or interest in the hind which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation
4. The land referred to in this policy is described as follows:
See Attached Schedule A Continued
SECURITY FIRST TITLE PARTNERS
1700 9TH STREET NORTH SUITE C
ST. PETERSBURG, FLORIDA 33704
(Insert above line name of Agent)
By: JYr(j!rrrJ mJJ1Z 1-7: t/
'. Authorized Signatory ~
FATlC-600 (Rev. 9-78)
First At.erican Title Insurance ~mpany
SCHEDULE
A
(Continued)
Agent's
File No.: 102488 -4 - 8
Commitment No. FA-CC-
DP/CC
Policy No.:
FA-35-303638 JH
That part of Lots 3 and 4, Block A, COACHMAN HEIGHTS
SUBDIVISION, according to the plat thereof, recorded in Plat
Book 20, Page(s) 26, Public Records of Pinellas County,
Florida, described as follows:
Begin at the Northeast corner of Pierce Street and Prospect
Avenue as the same appears on the map or plat marked Exhibit "B"
and attached to that certain deed from H. Lane Coachman et al to
City of Clearwater, dated July 20, 1951 recorded in Deed Book
1341, page 283, Pinellas County Records and re-recorded July 10,
1953 as Instrument NO. 86Z63A (said point of beginning also
being described as the Southwest corner of Lot 4, Block "A"
Coachman Heights Subdivision, less that part of said lot
occupied by Pierce Street), and from the Point of Beginning thus
established run East one hundred (100) feet along the South line
of Pierce Street, thence run North fifty (50) feet, thence run
West one hundred (100) feet to the East line of Prospect Avenue,
thence run South fifty (50) feet along the East line of Prospect
Avenue to Point of Beginning.
FATIC-522
First Aterican Title insurance .mpany
SCHEDULE B
Agent's File No.: 102488-4-8
Policy No.
FA-35-303638 JH
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1.
2.
3.
Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
or inspection of the premises.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian rights, if any.
Taxes or special assessments which are not shown as existing liens by the public records.
NOTE: Exceptions numbered 1, 4, 5 and 6 above are hereby deleted.
Special Exceptions:
7. The lien of all taxes for the year
1999 , and all subsequent years, which are not yet due and
payable.
4.
5.
6.
8. Terms and provisions of all agreements and franchises pertaining to the
cost, installation, operation, and maintenance of gas, water and/or sewer
facilities.
...,;,...
or holds an indebtl1dness s~cured by a purchase money _hall have the followi41g addi.tioMI options:
mortggge given by a purchaser from'the insured, or (a) To Payor Tender Pavment of the Amount of
only so long as the insured shall have liability by reason._ Insurance.
of covenants of warranty made by the insured in any To payor tender payment of the amount of insur-
transfer or conveyance of the estate or interest This ance underthis policy together with any costs, attorneys'
policy shall not continue in force in favor of any pur- fees and expenses incurred by the insured claimant,
chaser from the insured of either (i) an estate or interest which were authorized by the Company, up to the time
in the land, or (ii) an indebtedness secured by a pur- of payment or tender of payment and which the Com-
chase money mortgage given to the insured. pany is obligated to pay.
Upon the exercise by the Company of this option,
all liability and obligations to the insured under this
policy, other than to make the payment required, shall
terminate, including any liability or obligation to de-
fend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancel-
lation.
(b) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant
(i) to payor otherwise settle with other par-
ties for or in the name of an insured claimant any claim
insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured
claimant the loss or damage provided for under this
policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the
Company's obligations to the insured under this policy
for the claimed loss or damage, other than the pay-
ments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or con-
tinue any litigation.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as setforth in Section
4(a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which
is adverse to the title to the estate or interest, as insured,
and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii)
iftitle to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given tu the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no
case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS:
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and sub-
ject to the options contained in Section 6 of these
Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for
the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action
alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees
of any other counsel. The Company will not pay any
fees, costs or expenses incurred by the insured in the
defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own
cost, to institute and prosecute any action or proceed-
ing or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate
or interest, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any
appropriate action under the terms ofthis policy, whether
or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If
the Company shall exercise its rights under this para-
graph, it shall do so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted
by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or re-
quires the Company to prosecute or provide for the
defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or
provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defend-
ing the action or proceeding, or effecting settlement,
and (ii) in any other lawful act which inthe opinion of the
Company may be necessary or desirable to establish
the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to
furnish the required cooperation, the Company's obli-
gations to the insured under the policy shall terminate,
including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the
matter or matters reqUiring such cooperation.
7. DETERMINATION, EXTENT OF LIABILITY AND
COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Sched-
ule A, or,
(ii) the difference between the value of the
insured estate or interest as insured and the value of the
insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance
was removed from Florida policies.)
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of the Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two
or more parcels which are not used as a single site, and
a loss is established affecting one or more ofthe parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or re-
moves the alleged defect, lien or encumbrance, or cures
the lack of a right of access to orfrom the land, or cures
the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom,
it shall have fully pertormed its obligations with respect
to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litiga-
tion by the Company or with the Company's consent,
_dies against any person or property necessary in
to pertect this right of subrogation. The insured
ant shall permitthe Company to sue, compromise
or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or
litigation involving these rights or. remedies.
If a payment on account of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, butthe Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant ofthe Company's right of subrogation.
(b) The ComDanv's Riohts Aaainst Non-insured
Obligors.
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, not-
withstanding any terms or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association may be de-
manded if agreed to by both the Company and the
insured. Arbitrable matters may include, but are not
limited to. any controversy or claim between the
Company and the insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand
for arbitration is made or. at the option of the insured,
the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' lees to a
prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY
ENTIRE CONTRACT.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company. In
interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy
(c) No amendment of or endorsement to this
policy can be made except by a writing endorsed hereon
or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Com-
pany
16. SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this policy and
shall be addressed to the Company, Attention: Clilims
Department, 114 East Fifth Street, Santa Ana, California
92701.