CLOSING AFFIDAVITDRAFT 2/21/2024
Closing Affidavit
(City of Clearwater)
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer
oaths, personally appeared Brian J. Aungst Sr., as Mayor of the City of Clearwater, a Florida
municipal corporation ("Seller"), who deposes and says under penalties of perjury that:
1. Property. Seller is the owner of certain real property (the "Property") described on Exhibit
"A" attached hereto located at 704 Court St., 710 Court St. and 701 Franklin St.,
Clearwater, FL 33756.
2. No Liens. There have been no improvements, alterations or repairs to the Property during
the last ninety (90) days by Seller, for which the cost thereof remains unpaid.
3. Possession. Seller is in full, exclusive, open, peaceful and undisputed possession of the
Property, and there are no tenants, guests, licensees or other parties in or on any part of the
Property.
4. Personal Property. [Intentionally Deleted]
5. Gap. There are no matters pending against Seller that would give rise to a lien which would
attach to the Property between January 4, 2023, the effective date of the Old Republic
National Title Insurance Company ("ORNTIC") Commitment for Title Insurance issued
under Order No. 1340572A5 (the "Title Commitment"), and the recording of the interest
to be insured on the owner's and/or loan title insurance policy to be issued pursuant to the
Title Commitment. Except as expressly stated in the Title Commitment, Seller has not and
will not execute any instruments that would adversely affect the interest to be insured and
Seller has not taken any action preceding the effective date of the Title Commitment which
would result in any lien attaching to the Property prior to the date of the recording of the
instrument to be insured.
6. Survey. The boundary survey prepared by Echo Utility Engineering & Survey dated March
14, 2023, under Project No. 21-270 (the "Survey") constitutes an accurate depiction of the
Property and reveals all improvements and structures located thereon. Seller has been in
continuous and exclusive possession of the Property since the date of the Survey (the
"Survey Date") and no additional structures or improvements, including, but not limited to
buildings, roads or fences, have been constructed on the Property since the Survey Date,
nor have there been any alterations to the existing structures and improvements since the
Survey Date which would make the Survey inaccurate. To the best of Affiant's knowledge,
since the Survey Date, no structures or improvements, including, but not limited to,
buildings, roads or fences have been placed, erected or constructed on adjoining lands
which might encroach onto the Property. Affiant has no knowledge of any claim made by
anyone to the ownership or use of the Property whether with or without permission of
Seller, nor has there arisen any dispute over the legal right of access to and from the
Property or to the location of any boundary or to any claim that any structures or
improvements actually exist within an easement or upon adjoining land, or that any
structure or improvement owned by an adjoining land owner actually exists within the
Property.
7. Restrictive Covenants. To Seller's actual knowledge, there are no violations of any
restrictive covenants and all payments for maintenance, special assessments, if any and
other charges as required or authorized by the recorded documents encumbering the
Property are current.
8. Unrecorded Easements. To Seller's knowledge, Seller has received no notice of any
unrecorded easements, claims of easements or rights of way affecting all or any portion of
the Property.
9. Seller's Existence and Authority. Seller is active and in good standing, no proceeding is
pending for its dissolution or termination and the undersigned is its duly appointed and
serving fiduciary with authority to bind Seller. The undersigned gives this Affidavit on his
actual knowledge and solely in his capacity as Mayor of Seller.
10. Pending Actions. To Seller's actual knowledge, there are no actions or proceedings now
pending in any state or federal court to which Seller is a party related to the Property,
including, but not limited to, proceedings in bankruptcy, receivership or insolvency. To
Seller's actual knowledge, no notice of any public hearing regarding assessment for
improvements or changes in applicable zoning laws concerning the Property is now
pending.
11. Title Exceptions. To Seller's actual knowledge, Seller has received no written notice of
any judgments, mortgages, encumbrances or liens of any nature affecting the Property other
than those shown on the Title Commitment.
12. FIRPTA. Seller understands that Section 1445 of the Internal Revenue Code provides that
a buyer of a United States real property interest must withhold tax if the seller is a foreign
person. To inform the buyer that withholding of tax is not required upon purchase of the
Property, Affiant certifies the following:
a Seller is not a nonresident alien individual, foreign corporation, foreign partnership,
foreign trust or foreign estate for purposes of United States federal income taxation.
b. Seller's U.S. Taxpayer Identification Number is: 59-6000289.
c. Seller's address is: 600 Cleveland Street, Suite 600, Clearwater, Florida 33755
d. No other persons or entities have an ownership interest in the above described
Property.
Seller understands the buyer of the Property intends to rely on the foregoing representations
in connection with the United States Foreign Investment in Real Property Tax Act
(FIRPTA). Affiant understands this certification may be disclosed to the Internal Revenue
Service by the buyer and that any false statements contained in this certification may be
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[Seller's Closing Affidavit]
punished by fine, imprisonment or both. The undersigned has the authority to sign this
Affidavit in his capacity as Mayor of the Seller. Under penalties of perjury, the undersigned
states that this declaration was carefully read and is true and correct.
13. This affidavit is given for the purpose of inducing Bryant Miller Olive P.A. ("BMO") and
ORNTIC to issue title insurance on the Property, with the knowledge that BMO and
ORNTIC are relying upon the statements set forth herein. Affiant, on behalf of Seller,
hereby holds BMO and ORNTIC harmless and fully indemnifies same (including but not
limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels,
and court costs and other litigation expenses) with respect to the matters set forth herein.
14. The undersigned further states that he is familiar with the nature of an oath and with the
penalties as provided by the laws of the United States and the State of Florida for falsely
swearing to statements made in an instrument of this nature. The undersigned further
certifies that he has read, or heard read, the full facts of this Affidavit and understands its
context.
{Signature Page and Exhibit to Follow}
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[Seller's Closing Affidavit]
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the
facts stated in it are true.
City of Clearwater, a Florida municipal
corporation
By:
STATE OF FLORIDA
COUNTY OF R—
Sworn to, affirmed, and subscribed before me by means of (✓) physical presence or ( )
online notarization this -` day of MGIIrQ,11.\ , 2024, by Brian J. Aungst Sr., as Mayor of The
City of Clearwater, a Florida municipal corporation, on behalf of the City. Said person V) is
personally known to me or ( ) produced as identification.
Notary Pul5lic
My Commission Expires: • 1 • a y
14' •., NICOLE ANNE SPRAGUE
" Notary Public • State of Florida
Commission M NH 018815
•., a n;,: My Comm. Expires Jul 7, 2024
onded through National Notary Assn.
Signature Page
[Seller's Closing Affidavit]
EXHIBIT "A" - (Legal Description)
A PORTION OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF BLOCK 11, MAGNOLIA PARK, AS
RECORDED IN PLAT BOOK 3, PAGE 43 OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 11 THENCE ALONG THE
EAST LINE OF SAID BLOCK 11 AND WEST RIGHT OF WAY OF SOUTH MYRTLE
AVENUE SOUTH 00°02'05" WEST, A DISTANCE OF 314.75 FEET TO THE SOUTHEAST
CORNER OF SAID BLOCK 11; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 11
AND NORTH RIGHT OF WAY LINE OF COURT STREET NORTH 89°32'08" WEST, A
DISTANCE OF 199.84 FEET TO A POINT ON THE EAST LINE OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK 19024, PAGE 1041, AS RECORDED IN THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, THENCE THE FOLLOWING TWO
COURSES ALONG THE EAST AND NORTH LINE (RESPECTIVELY) OF SAID PARCEL: 1.)
NORTH 00°39'09" EAST, A DISTANCE OF 129.11 FEET; 2.) NORTH 89°49'15" WEST, A
DISTANCE OF 60.62 FEET TO A POINT 15.00' EAST OF THE RIGHT OF WAY OF SOUTH
EAST AVENUE; THENCE ALONG A LINE 15.00' PARALLEL WITH AND EAST OF SAID
EAST RIGHT OF WAY LINE OF SOUTH EAST AVENUE NORTH 00°18'50" WEST, A
DISTANCE OF 185.46 FEET TO A POINT ON THE NORTH LINE OF BLOCK 11 AND
SOUTH RIGHT OF WAY LINE OF FRANKLIN STREET; THENCE ALONG SAID NORTH
LINE OF BLOCK 11 AND SOUTH RIGHT OF WAY LINE OF FRANKLIN STREET SOUTH
89°38'39" EAST, A DISTANCE OF 260.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.70 ACRES, MORE OR LESS.
Exhibit "A"
[Seller's Closing Affidavit]