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THOMAS M SEHLHORST ~.~ [.lJ CONTRACT FOR EXCHANGE OF REAL PROPERTY ONTRACT is made and entered into as of the /2 ~day of , 2002 by and between the CITY OF R DA, a municipality, hereinafter referred to as "the City", and THOMAS M. SEHLHORST, a single man, hereinafter referred to as "Sehlhorst", (together, "the parties") for the exchange of equitable interests in real properties in Clearwater, Florida, as described hereafter. THE PARTIES hereto agree and covenant with each other as follows: 1 . EXCHANGE OF PROPERTY INTERESTS. The City shall convey by a Deed of Conveyance fee simple title in certain real property to Sehlhorst as more specifically described in EXHIBIT "A", hereinafter "City parcel", appended to and by this reference made a part of this contract. Sehlhorst shall convey a perpetual Right-of-Way, Sidewalk and Utility Easement in certain real property to the City as more specifically described in EXHIBIT "B", hereinafter "Sehlhorst parcel", also appended to and by this reference made a part of this contract. 2, PURCHASE PRICE. It is mutually agreed that the transfer of the City parcel to Sehlhorst and the transfer of the Sehlhorst parcel to the City shall constitute full and sufficient consideration for the transfer of the parcels by and between the parties. 3. COMMISSION APPROVAL. Following execution of this contract by Sehlhorst, this contract shall be held unconditionally open for acceptance and approval by the Clearwater City Commission for 45 days following receipt of duplicate originals of the executed document in the offices of the Engineering Department of the City of Clearwater, in hand delivered to the Real Estate Services Manager. Unless this contract is approved and accepted by the Clearwater City Commission within 45 days thereafter, and written notice of the approval and acceptance delivered to Sehlhorst within 10 days thereafter, Sehlhorst may at his sole option and discretion terminate this contract, whereupon each party shall be relieved of all further obligations hereunder. 4. CLOSING DATE. This transaction shall be closed and the instruments of conveyance and other closing papers delivered between the parties no later than 30 days after approval of this contract by the Clearwater City Commission, unless extended by other provisions of this contract. [1 ] I;) ; OJ d.-, () 3 (J.9) ~~ "~ 5. TITLE EVIDENCE. Each party may order at it option and expense a commitment for title insurance in amounts each party shall deem sufficient to insure good and marketable title to property rights it will receive in this transaction. Each party shall notify the other in writing not less than 7 days prior to closing of any objections it may have as to the title status of the rights it will receive, If notice is not timely received as set forth above, it will be deemed that title is conclusively acceptable to the proposed insured party, as the commitment will provide, In the event either party determines that title to the property rights it will receive are not good and marketable, and notice is timely provided to the conveying party, the conveying party shall have 30 days thereafter to perfect the title. If defects are not cured within such time, then the party to be insured may either waive the defects and accept the property rights as they may be insurable, or cancel this contract, following which both parties shall be relieved of any further obligations hereunder, 6. SURVEY. Within the time allowed for delivery of the title insurance commitments, each party may, at its sole option and expense, obtain a certified boundary survey of the estate it will receive performed by a registered Florida land surveyor. 7, CLOSINGS AND POSSESSION. The exchange contemplated herein shall occur on or before the I~ day of '1v\Ut.~ ,2002. Said closings shall be simultaneous and shall conducted in the offices of a mutually agreed upon closing agent providing title insurance, or in the City's Engineering offices in the event neither party acquires title insurance. 8. CLOSING COSTS. Each party shall pay its respective costs for title search fees and title insurance premiums, if any, together with state documentary stamps and recording fees as applicable. 9. DEFAULT. If this transaction is not closed due to any default or failure on the part of either party, other than to make the title marketable after diligent effort following request by the other party, the party alleging the default may seek specific performance on the part of the defaulting party, or unilaterally cancel this agreement upon giving written notice to the defaulting party. 10. NONASSIGNABILlTY. Neither party may assign this contract or any rights hereunder. 11, NO BROKERS. Each party affirmatively represents to the other that no brokers have been involved in this transaction, and that no broker is entitled to payment of a real estate commission because of this transaction. [2] AJ i! l~ " " 12. NOTICES. All notices which are required or permitted hereunder must be in writing and shall be deemed to have given, delivered or made, as the case may be, (notwithstanding lack of actual receipt by the addressee) (i) when delivered by personal delivery, or (ii) three (3) business days after having been deposited in the United States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having been deposited with an expedited, overnight courier service (such as by way of example but not limitation, U. S. Express Mail or Federal Express). Addressed to the party to whom notice is intended to be given at the address set for below: As to the City: Pamela K. Akin City Attorney City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 As to Sehlhorst: Thomas M. Sehlhorst 611 Palm Bluff Street Clearwater, FI. 33755-3702 13. ENTIRE CONTRACT. This contract and the exhibits referenced herein embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this contract. Neither this contract nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 14. APPLICABLE LAW. This contract is construed in accordance with the laws of the State of Florida. 15. HEADINGS. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this contract. 16. BINDING EFFECT. This contract shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives and successors by law. However, this contract shall not be assignable by either party. [3] 17. INTERPRETATION. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female , .. gender and neuter and vice versa. This contract and any related instruments shall not be construed more strictly against one party than against the other. 18. TIME IS OF THE ESSENCE. Time is of the essence of this contract. Should any period of time specified herein end on a Saturday, Sunday or legal holiday (recognized in Clearwater, Florida), the period of time shall automatically be extended to 5:00 p.m. on the next full business day. 19. OTHER AGREEMENTS. No prior or present agreements or representations shall be binding upon either party unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby. 20. RELATIONSHIP. Nothing in this contract shall be construed to constitute the creation of a partnership or joint venture between the parties. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSlONAL FOR LEGAL, TAX, ENVIRONMENTAL OR OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: ~,4~ rf ,200.;l. rb/1t/f6 It {;;~~-r Thomas M. Sehlhorst APPROVED AND ACCEPTED this /~t} day of J~ ,2002 Countersigned: CITY OF CLEARWATER, FLORIDA ~-..~.a William B. Horne, II, City Manager Approved as to form: Attest: ant City Attorney [4] ~ 38 39 13 , I I .,j- I 37 I 0 I '-.... I I n I N 30' I 36 . ~ I.{) OJ 0 S' w '-.... ?S :::> n Ib iir/Q Z N 35 42 w qj > "- &<:i L"J <( f1 ~Q.~~ g --(51- W 3 34 :s --' ,..) -.JO I- 4JQjIb,..} 43 "1- ":i Q.' e:: >- ~ ~ 33 44 t# IF!: s;r . Ie:: :0 5 :z I CEDAR STREET I I .J I I 6 10 , .. EXHIBIT "A" ("City Parcel") THIS IS NOT A SURVEY "--- LEGAL DESCRIPTION: THE SOUTH 30 FEET OF LOT 45, BLOCK "E" OF JOSEPH J. ELDRIDGE SUBDIVISION, PLAT BOOK 1, PAGE 85, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, LESS THE EAST 30 FEET, THE SAME HAVING BEEN RESERVED FOR STREET PURPOSES BY THE CITY OF CLEARWATER IN THAT CERTAIN DEED OF CONVEYANCE DATED JUNE 9, 1945 AS RECORDED IN DEED BOOK 1017, PAGE 346, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BUT NEVER DEDICATED AS SUCH. ..,-~ .i~ SEA~~... CITY OF CLEARWATER, FLORIDA f<J~~\ ~~jJ PUBUC WORKS ADMINISTRATION ~rER ~'17 ENGINEERING iII$oo"'llWnl"" SCALE: 1 "= 1 00' ~ ~ t< .', EXHIBIT "B" ("Sehlhorst Parcel") -I-----I-------~- I I ( / I I // I I I FIRST ADDITION TO PALM BLUFF SUBDIVISION CLEARWATER FLA, I P.B. 5, PG. 14 I I I I I I I LOT 25 I LOT 27 I I I I I I I I I I I I I I I I I LOT 29 v/ / / 1// 1// 1// r/ 1// (/ 1// r/ V/ / / 1// 1// 1// r'/ 0' ii:J oS ::::! i f ~ w ~ :::J LOT 18 qj lLJ is ~ ~ iif PALM BLUFF STREET LEGAL DESCRIPTION: THE EASTERLY 20 FEET OF LOT 29, FIRST ADDITION TO PALM BLUFF SUBDIVISION CLEARWATER FLA., AS RECORDED IN PLAT BOOK 5, PAGE 14, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ..,,,,,,,,,..... A~$EA~'\ CITY OF CLEARWATER, FLORIDA f <>(;;i;;;~~: ~ \?-~1~ PUBUC WORKS ADMINISTRATION ~!,~,;~/ ENGINEERING SCALE: 1 "=30' ~ ~