THOMAS M SEHLHORST
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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.
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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.
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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.
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17. INTERPRETATION. Whenever the context hereof shall so require,
the singular shall include the plural, the male gender shall include the female
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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
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William B. Horne, II, City Manager
Approved as to form:
Attest:
ant City Attorney
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EXHIBIT "A"
("City Parcel")
THIS IS NOT A SURVEY
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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.
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.i~ SEA~~... CITY OF CLEARWATER, FLORIDA
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EXHIBIT "B"
("Sehlhorst Parcel")
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FIRST ADDITION TO PALM BLUFF SUBDIVISION CLEARWATER FLA,
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LOT 25 I LOT 27 I
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LOT 29
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LOT 18
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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.
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A~$EA~'\ CITY OF CLEARWATER, FLORIDA
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