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ANOTHONY PETRARCA ____Lf2L:2f2 4:~ ."CJJ '8} !ill.a. . LClO ~l"'." '. 6)i 3 ',." ~~~~~~~~~~~~~~~~~~~~ ~ Yr.ir (Jj--_'iICl!.-:2_0S Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee I s heirs, successors and assigns forever, the following described land, situated in Pinellas County, Florida: o. ;;; ,.,.<l.:'.;\ SEE EXHIBIT "A" .",'If ,:f D. .il' c? c",j'INCORPORATED HEREIN. ~ "" J (pt;:' $I:.'l< ,;;,~ fiJl ,-,," ~,"'c <:flY. SUBJECT to appl icable land use and zoning <(0' ' ("c~' rest r ict ions and to easements, reservations ~.~. ~.5~ ... and rest r ictions of record, if any, which are ~~~' specifically not reimposed or extended ~(,:'Q) 0<C" hereby, and to taxes for the year 1993 and <)6'.~ subsequent years. ~1 ~0 . {9' g \ q;~ ~J ~ ~a15 uJ ~ 'I/Or) () 1 2169 2 d - 3 ( L E ) ~ 911 \JES\PNC-WD ~~ fl1H ~~ ~ ~~ t:l<~ UJ. ..~ fl.jZ .> 0 .. (,'J ~ ~fE~OOH ~g ~~ ~ r-l" e:e .,:q ~ E-i ,.:r; >-;: ~ ~~~~~ gj~fE~~ E':iE-igt:l<U ee: IINST # 92-366318 D~ 17, 1992 5:45PM -------------------~--~'----_.,. --.-----,..-------- I PINELLAS COUNTY FLA OFF.REC~~~ 8124 PG 1099 STATUTORY WARRANTY DEED THIS INDENTURE, is made on December IJ , 1992, between ANTHONY A. PETRARCA, ("Grantor") whose addre-SS-is 1765 Merriman Road, Akron, Ohio, and CITY OF CLEARWATER, FLORIDA, a municipal corporation ("Grantee"), whose post office address is P.O. Box 4748, Clearwater, Florida 34618-4748. WIT N E SSE T H: ATTACHED HERETO AND Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. The tax parcel number for the aforedescribed property is 19-29-15-00000-430-0100. The tax identification number for the Grantee is 59-6000289. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. 00 I.D ("V') r-l I r-- r-l I.D "'" ("V') Signed, sealed and delivered in the presence of: /.1, ~ 1/'r'W'c~ ~'L.~ J tl-Y n e, E, Se..arS Print name ~~ igna ture ....... . · L,! 7/ f: ,. tr</JJ ey/J ~ Prlnt name TO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /7~ day of December, 1992, by TIMOTHY A. JOHNSON, JR., AS ATTORNEY- IN-FACT FOR ANTHONY A. PETRARCA, PURSUANT TO IRREVOCABLE LIMITED POWER OF ATTORNEY, DATED DECEMBER 10, 1992, who is personally known to me. ~t:.~ ta Public Print name: My commission expires: JAYNE E. SEARS Notary Public, State of Florida My Commission Expires Septernber 2, 19~ 6Gnded TIVlA Tr<;\y Ftl!n Insurance, Inc. KARLEEN F. DEBLAKER, CLERK RECORD VERIFIED BY: /YlrtJ? i:. ~ Iv , y' .- I PINELLAS COUNTY FLA. ._c>jF.REC.BK 8124 PG 1100 ~ , EXHIBIT "A" A portion of Section 19, Township 29 South, Range 15 Bast, Pinellas County, Florida, being more particularly described as Follows: Pram the Southeast corner of Section 19, Township 29 South, Range 15 Bast. for a point of reference; thence North 89004'07" West, along the South boundary of said S~ction, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way) ; thence along said line by the following three (3) courses: 1. North 31058'20" Bast, 826.95 feet to a point of curve. 2. ~ong the arc of a curve to the left radius 1909.86 feet, Arc 304.27 feet, Chord Bearing North 27024'30" Bast, 303.95 feet, Delta Angle of 09007'41" to a Point of Tangency. 3. North 22050'39" Bast, 71.06 feet. Thence Leaving said line South 67009'21" Bast, 50.00 feet, to a point on the Basterly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67009'21" Bast, 96.52 feet; thence South 18009'21" Bast, 147.00 feet to the face of a concrete seawall; thence South 67009'21" Bast, 170.00 feet, more or.less, to a... point on the mean high water line of Clearwater Bay as survey-ecron August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22050'39" West, along said Basterly right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equals 312.23 feet, Chord Bearing equals South 27024'30" West, 311.90 feet, Delta angle of 09007'41" to the Point of Tangency; th~nce South 31058'20" West, 243.62 feet; thence leaving said line South 89004'07" Bast, 233.42 feet to the face of a concieteseawall and the .aforementioned mean high water line; thence Northerly along said line and binding therewith to the aforementioned point "B". ~1COt8579 Tr~E :.2-1 -: _::;:;: _~ ~: ,: -"1 fl' ~-: J.. :'. ..: : D'1 DED- RECORDING DOC STAMPS DR-2i9 TGTAL~ '$d.? .:.~ CHECK AMT~ TENDERED~ ;~UA~!::,C= ~~i Inr"iw:....:: ,.l. ,-, ; 'to:....~' .:..:. "" -, . ~ '~ CONTRACT FOR SALE AND PURCHASE PARTIES: Anthony A. Petrarca I I Sell", \ 01 c/o Lee Arnold & Associ; es, Inc. I rPhone 442-7184- and. City of Clearwater, A Florida Municipality I Buyer \ 01 (Phone ) hereby agree thai the Seller shall sell and Buyer shall buy Ihe lollowing real properly ('Real PrO~erlY I and personal property r'personall~"'l (collectively :~rlY"'1 upon Ihe lollowlng lerms and conditions. which INCLUDE the Standards for Real Estate Transactions ("Slandard(s)") pnnted on the reverse or allached an any Riders an enda to this Instrumenl I. DESCRIPTION: Pinellas (a) Legal description of Real P'9perly located in attached nereto and made a part hereof.) Counl y. Florida; (See Legal Description (bl Slreet address. city. zip, 01 Ihe Property is; (c) Personally; 1551 Gulf Boulevard, Clearwater, FLorida II. PURCHASE PRICE. PAYMENT: (a) Deposit(s) to be held in escrow by (b) Additional escrow deposit within days after Effective Date in the amounl 01 ......... . . . . . (c) Subiect to AND assumption 01 mortgage in good standing in lavor 01 not a p plica b Ie ... $ 1,200,000 Lee Arnold & Associates in the amount of . . $ ................. .............. $ -0- -0- -0- -0- -0- 1,200,000 having an approximate present principal balance 01 $ (dl Purchase money mortgage and nole bearing annual interesl at N / A 'f, (see Addendum) in amounl of $ (e) Olher; N / A $ (f) Balance to close (U.S, cash. LOCALLY DRAWN certified or c sh rs check). subjecl 10 ad/uslmenls and p'orations . ,. $ III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACS is offer is nol executed by and delivered 10 all parties OR FACT OF EXECUTION communicated .in writing 12,/lIr/92 ., between the parties on or before '" e deposit(s) will. at Buyers option. be returned to Buyer and this offer withdrawn. A lacsimile copy of this Contract lor Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when lhe last one 01 the Buyer and Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any part 01 it is to be financed by a third-party loan. this Contr~GI;S conditioned on the Buyer obtaining a wrillen commitment lor (CClJ:fll; ( 1) or (2) Qr (3j); (/'t 0 a fixed. (2) 0 an adjustable or (3) 0 a Iix~Q 9r adjustable rale loan within 1'1 A days alter Effective D,ale at an initial interest rale nol 10 exceed N A %. term of N A years and lor Ihe principal amount of $ N I A Buyer will make application wilhin N / A days alter Effective Date and use reasonable diligence to obtain the loan commitmenl and. thereafter. to meel the lerms and conditions 01 Ihe commilmenl and close Ihe loan. Buyer shall pay all loan expenses If Buyer fails to obtain Ihe commitment or fails to waive Buyer's rights under this subparagraph within the lime for obtaining the commitment or after diligent effort fails 10 meel the terms and conditions 01 the commitment. then either party thereafter by prompt wrilten notice 10 Ihe olher may cancel the Conlract and Buyer Sh1lJbf ~'unded the deposil(s) (b) The existing mortgage described in Paragraph lI(c) above has (CHECK (1) or (2)); (1) 0 a variable interest rate or (2) 0 a fixed interest rate of % per annum. At time 01 title Iransler some fixed interest rates are subject to increase. II increased. the rate shall nol exceed N / A % per annum, Seller shall. within N / A days after Effective Dale. lurnish statements from all mortgagees stating principal balances. method 01 payment. interest rate and status of mortgages. II Buyer has agreed to assume a mortgage whlc" requires approval of Buyer by the mortgagee lor ai.!iU9"Rtion. then Buyer shall promptly obt'ii9 jllL required applications and will diligently complete and return them to the mortgagee. Any mortgagee chargels) not to exceed $ I'll r. shall be paid by 1'1 LA (if not filled in. equally divided), If Buyer Is not accepted by mortgagee or the requirements lor assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess 01 the stated amount. Seller or Buyer may rescind Ihis Contract by prompt writ/en notice to the other party unless either elects to pay the increase in inlerest rate or excess mortgagee charges V. TITLE EVIDENCE: At least 1 0 ~ days belore closing dale. Seller shall. al Seller's expense. deliver 10 Buye. r or Buyer's attorney. in accordance with Standard A. (CHECK (II or (211: (1) 0 abstract of litle or (2) title insurance commItment and. after closing. owner's policy 01 title insurance VI. CLOSING DATE: This transaction shall be closed and the deed and other Closing papers delivered on 1 2 / 1 7 /92 , unless exlended by other provisions 01 Conlracl VII, RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take litle subjecl 10: loning. restrictions. prohibitions and olher requirements impOsed by governmental authority; reslrict,ons and mailers appea,ing on the pial or olherwise common to Ihe subdivision; pUblic ulility easements 01 record (easements are 10 be located contiguous to Real Properly lines and .not more than 10 feet in width as to the rear 0' Iront tines and 7 'I, leel in width as to Ihe side lines. unless otherwise staled herein); taxes for year of closing and subse~uent None years; asSumed mo,tgages and purChase money mortgages. if any; other: ; provided. that there exists at closing no violation of the foregoing and none 01 them prevents use of Real Property lor CU r rently zoned pUrpOse(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but. if Property is intended to be rented or occupied beyond closing. the lact and terms thereot shall be stated herein and the lenant(s) or occupants disclosed pursuanl to Standard F. Seller agrees 10 deliver occupancy of Property al time of closing unless otherwise stated herein. II occupancy Is to be delivered before closing. Buyer assumes all risk of loss to Property from dale oJ occupancy. shall be responsible and liable lor maintenance from thai date. and shall be deemed to have accepted Property in its existing condition as 01 time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall conlrol all printed provisions of Contracl in con/lict with Ihem. X. RIDI:RS: (CHECK if any of the following Riders are applicable and are attached to this Contract) (a) 0 COASTAl CONSTRUCTION CONTROL LINE RtDER lei 0 ~EIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (b) 0 CONDOMINIUM RIDER (diD INSULATION RIDER Ie) 0 FHAiVA RIDER (I) 0 OTHER XI. ASSIGNABILITY: (CHECK 1 I) or (2)); Buyer ( 11 ~ may assign or (2) 0 may not assign this Contracl XII, SPECIAL CLAUSES: (CHECK (1) or (2)); Addendum (I) ~ is attached or (2) 0 there is no Addendum. XIII, TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS XIV. DISCLOSURES: Buyer ~ aCknowledges or 0 does not acknowledge receipt 01 the agency/radon/compensation and estimated closing costs disclosures." THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR \.. Approval does not constitute an opinion that any 01 the terms and conditions in this Conrtact should be accepted by the parties in a particular rtansaclion Te,ms and conditions s uld be negotiated based upon the respective interests. objectiVes .and bargaining positions 01 all interested persons, COPYRIGHT 1991 BY ~E!~R~~B~ ~N~~~" ",:LTORS Dat'~ Soli,,, ~ c;r;;;.~ It:l/ /J ~t:.:: J2-,/h/9.L ;I! /IPY~ I rJ ,c;-. Co Date / ~/~'fiz. Seller: Date: Date~ Date I~-""- , ~ Deposit und~rPaFaoraptl.lI(a) received; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. BY: (Escrow Agent) Seller agrees to pay_ the Broker named below, at time 01 closing, Irom the disbursements 01 the proceeds of the sale, compensation In the amount of seven per cent 7% 01 the gross purchase price for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the loregolng Contract. If Buyer lalls to perform and deposit(s) Is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker as lull consideration for Broker's services. including costs expended by Broker, and the balance shall be paid to Seller. If the transection shall not close because of relusal or failure of Seller to perform. Seller shall pay the lull lee to Broker on demand. In any litigation arising out 01 the Contract concerning the Broker's lee. the prevailing party shall recover reasonable attorney's lees and costs. ~ Lee Arnold & Associates -.. ~...1I6r STAt.~ARDS FOR REAL ESTATE TRANSACTt>NS 1\. EVIDENCE OF TlT1.E:( 1) An abstracl 01 tille prepare! or brought current by a reputable arid 'existing abstract lirm (if not exisling' Ihen cerlified' as correcl by an exfstlng firm) )urporting to be an accurate synopsis of the instruments allecling tille 10 Ihe Real Property recorded in Ihe public records 01 the county wherein RilSl Property is located through ~lIective Date and which sliall commef1ce with the earliest publiC records, or such later date as may be customary in the county. Upon closing 01 thiS' "ransa'cllon. the abstract shall )ecome the property of Buyer, subject to the righl 01 relention thereo' by lirst mortgagee until fully paid. (2) A title Insurance commitmenl issued by a Florida licensed 1Itle insurer 3greeing to issue to Buyer. upon recording 01 Ihe deed to Buyer, an owner's policy 01 litle insurance in the amounl of the purchase price insuring Buyer's tille to the Real Property. subject only to liens, encumbrances, exceptions or qualifications sel lorlll In Ihis Conllact and those which sllall ba discharged by Seller at or belore closing. Seller shall convey "T1arkelable title subjer.t only to liens. encumbrances, exceptions or qualifications specllie(1 in the Conlr~ct. Marketable tille shall be determined according to applicable Title Stllndards ~dopted by authority 01 .The Florida Bar end in accordance with law Buyer shall have 30 da~, if abstract. or 5 days, If litle commitment, from date 01 receiving evidp.nce of tille 10 ~xamine it. If tille is found dp.fective, BUyt!r shall, wilhin 3 day';. no"'y Sellc,' in writing specllying dp.lecl(s). II the delecl(s) render title unmarketable, Seller will h~ve 120 days from 'eceipt 01 notice within which to remove the defect(S), failing which Buyer shall have thE! option 01 either accepting the title as it then is or demanding a refund 01 deposil(s) paid which shall Immediatr.,Iy tJP. returned to Buyer; thereupon, Buyer and Seller shall release one another 01 all lurther obligations under the Contract. Seller shall, if IIt1e is found unmarketable, use diligent eftort to correCI defect(s) In the lille within Ihe time provided therelor, Including the bringing of necessary suits. . . . B, PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A p....chase money morlgage and mortgage note to Seller shall provide lor 0 30.noy grace pp.riod in the event of defaull if a lirst mortgage and a 15-day grace period il a second or lesser mortgage, shall provide for right of prepayment in whole or in pari without penally: shall ~ot pe,mit IlcceleraliOt1 or, interest adjustment in e~nl of resale of Real Property, shall require all prior liens and oncumbrances to be kept in good standing and lorbid modifications 01 or lutu,e advances under prior mortgage(s): and thEl mortgage, note and securily agreement shall be otherwise in lorm and content required by Seller: but Seller may only require Clallses customarily lound in mortgages, morlgage noles anrt securily agreemenls generally ulilize,1 by savings and loan institullons or state or nalional banks located in the counly wllerein Real Property is located All Personally and leases being conveyed or aSSigned w,lI, al Sellers option, be sllbjecl to the lien 01 a securily agreement evidenced by recorded linancing statements. II a balloon mortgage, Ihe linal payment Will excp.t!d the periodic payments thereon, C. SURVEY: Buyer, at Buyers expense, within time "lIowed 10 deliver p'v!(jence 01 lille and 10 examine same. may have Real Property surveyed nod ccrllfied by ,1 reglslered Florida surveyor II survey shov,s encroachment on Re~1 Properly or thai improvements located on Real Properly encroach on selback lines, easements, tands of others 01 violate any restrictions, ContraCI covenants or applicable governmenlal regulalof)n, the same shall constitule a title nclecl. D. TERMITES: BlIY'.~I. ,11 fJilyer s ex""nsc. within tlln<.- "lIoweli lu .1c1iver cvidence (11 tille onU 10 '-'<<""111e same. may IIove Real Property inspected by a Florida Cerlilied Pest Conlrol ']"erOJ('r to' del ermIne ,I Ihere is ..",y v,sil,I.: JClive I'.:r"."te inlesl"II(>I' or visible 8,islin\1 di"11age from I"rmile inleslat,on in the Improvements. If eilher or both Me 101lnd, Buyer will "'lYe 4 :J,1y~ Irom (lale of wnllen nOlic" 1I'leroof wilhin which to h11ve all do1mages, whether visible or not. inspected and estimated by 0 licensed builder or general contractor. Seller sl,,Jio pay valid cosls ul treatmenl Dnd repair of all damage up to 2"10 of purChase price. Should such costs exceed that' amount, Buyer shall ~ave the option of cancelling Contract v:ilhill :; (lDyS aller rc,ceipt of contractor's repair estimate by giving written notice to Seller or Buyer cAay elect to proceed with the transaction, in which event Buyer shall receive a credit ul closing of' An amount" equal to the total of the treatment and repair estimllte not in excess of 2% of the purchase price. "Termites"shall be deemed to Include all wood ,jestroyil'9 orrJanisms required to be reported under the Florida Pest Control Act. E. INGRESS AND EGRESS: S"ller warrants ar.ld mpresents thaI there is ingress and egress to tile Real ProperJy sufficient for the Inlended use as described in PAraglaph VII hereol, lille 10 which is in accordance wilh Standard A. " F. LEASES: Seller shall, !lot less than 15 days befol':) closing, lurnisll 10 Buyer copies of all written Ip.oses and eslop'p'cl letters from each lenanl specifYing the nature and duration 01 the len~nt's occupancy. renlal rales, advanced renl and security deposils paid by tenant. II Seller is unable to obtain. such letter from each tenanl, the same information -shall be furniSh0d by Seller to Buyer wilhin Ihat lime pl!rlod in IhC' lel! '" 01 .1 Sellers alfidovil and Buy", Inay Ihereafter conlacl tenanls to confirm such information Seller shall, at closing, r1c:hver and ossign all original leases .to Buyer G. LIENS: Sllller Shllll 11Irnish to Buyp.r ill lirT1f' 01 closing ~n o1l"davlt allc511ng 10 Ihe atJsenw. unless olllel wise plU'JldeO leI' heroin, 01 any "'lancing stali,?rn.,nIS. claims of liE!n or puhmliolli'''lOrs klll,NIl 10 Sl!lJm (lnd lurthul iilitl_s";~ that Ihcre flOVl! bep.n "'I IInprovel11tlnlS tll ,upOlrs to 1I1e Prr'fJl)dy lor 90 days immedialely OIC"!ceding dilte 01 c'osing. If Property has been improvt'd or rep:urcn with;') Ih:11 lion;! Sell"r sholl dnlivcr rele:.'s'"S eJr wnivers Of rm:ch;'nics' lien~, OXI)(;U",<I hy all general cOlltmclors, subcontractors. supplims (lnd materialmen ,I! ',(Iditinn to Seller's lien :)f1ida~it selliny forll, 1M r1<1I11')S 01 .111 SIJr.h rJ.~ncrol e,:onlrnctms subconl,;,..J",S. sLlP,',liers and Inalerialmen and further aflirming Ihat all charges lor improvements elr re~"i,~ which coulcll'mve as n basl~ lor ,I n'8cllam'; .; liell or a claim lor dOlllolgeS hav!' lIe"n ll(1lt1 or will be paid llt closillg of Ihis Contract. H. PLACE OF CLOSING: Closing shall be held in Ihe '::'.funty wherein Ille Real Propert\' IS localed ~t the ollice 01 the allorney or othel. closing agenl designated by Seller i. TIME: flma periods herein of less than 6 days shall .in the computation exclude Saturdays, Sundays i1nd stale or national legal holidays, and any tione periOd provided lor herein which shall <md on Saturday. S"II"I,ly or u legal hOlid,1Y shall e'.lend to 5:00 p.m. 01 tile nexl bllsiness clay J. DOCUMENTS FOR ClOSIN'G: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignmenls of leases, tenant and mortgagee estoppellellers and correctivE' instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K, EXPENSES: DOI,;umE!nlary stamps on the deed and recording corrective instruments sholl be paid by Seller Documentary stamps, inlangible lax and recording purchase money morlgage 10 Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxcs, Ilssessments, r~"II. Inlerest, in3ur<lnce and othC! e'lJensE!s llnd revF:nue of Properly shall be prorated throtigh day belore closing. Buyer shall have Ihe (Jllti!)1I (If loking over any (,xi!'tillg policilJS 01 in:.'".,rW1CP', if nssumnblfl, in WI1ic:l. r.v€:nt prt'IT'II.11l'S sllull he prorated. Cash at closing shall be increllsed or decreased as may be r"'1l1ir, ,rl h,' prorali"ns Prorations will he marl/'! th:-Ol.lqh rJny pdc" If) oc.cupanC~1 II ocr.upilncy occurs before closing. Advancp. rent and security deposits will be credited to Buyer and I;,;e",w IJI_;;OSlt~ helt! t>y 1II0rlgl'(ICe .....,11 be crt:ditoc! tv Seller. IUXl'S shall be I)lorattld based 011 the currenl years lax with due allowance made lor l1laXllnum allowable discount, hom\!s"~l1rl and othl~r exp.mptions. If closing occurs ,11 a date when thl, currEmt year's millage I~ !lol fixerl :lIld current year's assessmellt is available. taxes will be prorated basad UIKJn Su<':/l aSSt!Ssment alld 11m prior yea...s mIllage. II t::orrent year's assessmp.1I1 is not avaIlable, Ihen taxes will be prorated on Ihe prior year's tax. If there are completed improvements 011 ttlE' Renl Property by January 1Sl 01 year 01 clOSIng which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior yell!"s millage and at an equitable assessment to be agreed upon between Ihe parties, falling which, request will be made to the County Property Appraiser for an informal Jssessnwnl tllking into consideration avallat.ie exemptions. Any t;JX lJ,oration based on an estimate SIlO II, at request of eilher Buyer or Seller, be subsequently readjusted upon receipt 01 tax bill on eClOdition that a statement to that r.ffect is in the closing slatement M. SPECIAL ASSESSMENT LIENS: Cerhfied, confirrlled and ratlliCl1 special assessment liens as of date 01 closing (not as of Effective Date) ",re to be paid by Seller. Pending liens il': 01 dale of closing shall be assumed by Buyer. If the improve men I has been substantially compleled as 01 Effective Date, such pending lien shall be considered certified. confirmed vr ratified and Scllcr shall, al closing, be charged an 111nount cqunl to tI,e lasl estimate 01 assessmenl lor lhe improvement by the publiC body N, INSPECTlON, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closillg. the ceiling, roof (inCluding the fascia and soffits) and exlerior and interior walls, 'wawalls lor eQuiVAlent) and dockage do not have any VISIBLE E VIDE NCE 01 leaks. water dilrr1{lge or structural damage and that the septic tank, pool, all appliances, mechanical ,;"ms. heating, cooling, electric"I, plumbing syslemS anct machinery ore in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of thosp. items by a firm " Individual ';Df"!Cia"ling in home inspections and holding an occupational license lor such Pl"PDse (iI required) or by an appropriately licensed Florida contractor. Buyer shall, prior :c, Buyer'S oCCUp;"lCy or not less than 10 days prior to closing. whichever occurs firs!. report in writing to Seller such items thot do not meel the above standards as to defects. '.;<1less Buyer reporls su<.:h delects within thnt lime, Buyer shrJII be deemed to have waived Sellers warranties as to defects not reported. It repairs or replocements are required, :=;,~lIer ~hall Cilllse such repairs 10 be madE' Dnd sh;III pay up to 3'" 01 Ihr~ purchase prICe lor such repairs ,'I replacements as may be required in order to place such items in WORKING C'ONUITlON. II the cost for such repairs or replacement exceeds 3~. 01 the purchase pnce, Buyer or Seller may elect to pay such excess, failing which ellher party may cancel lI,is Contract. If Seller is unllble to correct Ihe defects prior 10 closll'g, the cosl Ihereof shall be.,p!lId into escrow at closing. Seller will. upon. reasonable notice. provide utilitias service and access 10 the Properly for inspeclions, including a walk.through prior 10 closing. Between Effective Date and the dale 01 closing, except lor. repairs .required by this Standard, :'1'lIer Slldll maintain Properly, including, OOlnol "mltedlo, the lAwn alld shrubbery, in Ihe condition herein warranted, ordinary wear and tear excepted. O. RISK OF LOSS: If the Properly is damaged by lire or other casualty belore r.loSlng and cosl 01 restoration does not exceed 3;'. of the assessed valuation of the Properly so :Iflmaged, cost of restoration shall be an obligation of Ihe Seller and clOSing shall proceed pursuant 10 the terms 01 Contract with restoration costs escrowed at closing. If the cost of 'estorahon exceeds .1% 01 Ihe assessed valuDltOtl 01 the improvements so damaged. Buyer shall have lhe option 01 either taking Property as is, together wilh either the 3% or 1.111)'" "'5ur.)IIC~ proceedS p~yllblp by virtue 01 SLlctlI05~; or r.laI1'Jge. n' I)f C;l11Ct"'!lIing Ill,s ContrDcl nnd receivinq return of dC?poSit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: 1 h" dPhl shall h" r(-~orded "ron cl"'Hance 01 IUlKIS. II <Ibslract. p.vi,1enct' of tille shall be continued at BuyNs expense to show tille il1 Blly!!I wlthOllt any enCllmbrnnces or chnng/"! WllICh woul,1 '.,,,Uer Seller 5 I,Ile: utlmnrkelable Irol1l 1I1e dale 01 the lasl i'vinence. Proceeds 01 the sale shall be held in escrow by Seller s atlomey or by suCh other mutually acceplable escrow "vent ler a p""od 01 1101 10llger thdn 5 days from and aller closing dale. If Seller's tllte is rendered unmarketable, 1I1101l:}' ,,,' I"ull of Buyer. 8uy,,' Shilll, wi"'in It": 'j.ctlly perio,l, nolily St,iler in vmling 01 Ill," dcll'ct 01\(1 Seller shall hav!1 :lO days from dale of receipt 01 suCh notification to cure 1111' 1I"I"r:1 II ::;"11,,, 1,1ils If) timply ,'.u".' 111(, delccl. ,111 eleposll(s) :In" closing t(lnds sl11111 up"n Wi illen n(!lllonrl by Buyer "nd within 5 dayS oliN dcmand, be r~lurned 10 Buyer and sIIIIl,IIi11leously wllh such repaymenl, Buyer Sh:lll rvturn Personally aud vacale ProP"Ity and leco)",",y it 10 Seller by speciAl warranty deed, II Buyer fails to mak~ limely demand lor ,,'1,"1,1 BlIYI" S,,;)II Il'ke Iillc as IS, wlliving All righls against Seller as to ;IIlY inlervelllng clef,,:1 "',cepl as may be available to Buyer by virtue of warranlies c')I1lained in tha deed. II ;, pOrli"n 01 the purchnse price is 10 be derived Irom institutionat financing or rp.hna"cing. r"(luirP.ments of the lending institution as to place. time of day and procedures for closing, ;",,'10' ,IISUllISCll1tlnt 01 mo.lgage proceeds sholl cOl1lrol OVElr conliiJ'y pruvlsion In ttllS Conloucl. Seller shall have Ihe ri\Jht 10 require from Ihe lending institution .I wrillen commilmenl 11"11 il w,lI nol wilhll0lcl disburserMnt of morlgage procep.ds as a resull 01 ;Iny Iitle nelecl allril)ulahle 10 Buyer.mortgagor. The escrow and closing procedure rllqllired by this Standard m)y bE! walvE!~ If "lie agent insures adverse mailers pursuant to Seclion 627,7841, FS (1989). as amended, a. ESCROW: Any escrow agent ("Agent ') receiving lunds or eqUivalent,s authOrIZed and agrees by acceptance 01 Ihem to deposit them promptly, hOld same in escrow and, subject 10 CI(!il/11nce. disburse the,ll In accordance wilh lerms 1111d concJ,I,ons 01 Conlr;1C1 Fa"ure 01 clearance of lunds shall nol excuse Buyer'S performance II in douul as to Agent's duties ell liat."",ps under the provls,ons 01 Conlract. Agent may. al Agent"s opt,on. conlinlle 10 hold Ihe subjecl mailer of Ihe escrow until the parties mutually agree 10 its disbursement 0' unlol .1 luOgmcnt of a courl of competenl lurisdictlon shall delc.:' ""11e lI1e rlghlS 01 Ihe parti8s 0' Agenl may deposit same with the Clerk 01 the circuil courl having juriSdiction 'JI Ih8 'JlsDule Upon nOlily"'g all pnrlies conce.ned 01 :.;,oCh ;ICI,on all lIabildy nn Ih(' Pol>! 01 Agenl Sll<>" lully termln~le, except 10 lhc exlenl 01 accounting lor any items previously "ellvere<1 out of escrow. II a licensed real estate broker, Agent ,"," comply With prov,s,ons 01 Chapler 475. F S (1989\. as amended. Any suil between Buyer and Sell!'r wherein Agent '5 rn:\(I<, :1 party I)CCallSe of acting as Agent IIereunder. or in any SUIt wl'E!rein Agenl IIllerpleiKh; thO Slll)leCI mallu. 01 lI1e escrow, Agent shall ret:over raasonable allorney's fees ;",d costs incu",",,-I with IIIe lees and coslS 10 he pDid Irom illlll oul 0' ",,. :'scrowerl lunr1S r'T ""uivaipnl ann cl1arge(1 And awarded as court costs in favor of Ihe prevailing party. p;"ltt's agrEle thai Agenl sllall nOI be "able to ally lI.lIly (II IW'S"" 10' "ltS' I"" 'vt' , Y 10 BlIyer ," 5,'11", 01 1I01l\S sub,ecl 10 Ihis escrow, lInless such misdelivery is due 10 willful breach 01 1I1IS Contract 0' gross nel)ligel1ce 01 Agenl R. ATTORNEY'S FEES; COSTS: In ;lIly liligallon arrsing Out 01 lI1,s Contracl. II", flU,vo,I,nq p~r1y ,,' :;uch lillgation which, lor tile purposes of this Stllndard, Sh;!1I inr.!ude Seller, Buyer. 1I~1"'g broker, Buyers broker and any subagenlS to the listing broker or Buye's brf)k"r. shall be ('nt,tl('d to recover reasonahle attorney's tees and costs. S. FAILURE OF PERFORMANCE: II Buyer lails to perlorm Ihls Conlracl wllh", lI1e lime speclhect" "'Clud,ng payment 01 all deposil(s}. the deposil(S} paid by Buyel and deposil(S) agreed to be paid, may be relained by or lor Ihe accounl 01 Seller as agreed upon Irquldate(l damages. consideralion for the execution 01 this Contract and "1 lull settlement of any claIms; whereupon, Buyer and Seller shall be relieved 01 all obligations under Contract. Or Seller. at Seller's option, may proceed in equity to enforce Seller's rights under this Contracl. II. lor any reason other than failure of Seller \0 make Seller's tille markelable aller d,ligent ell"r I. Seller fails, neglects or refuses to perform Ihis Contracl. the Buyer may seek specific performAnce or elecl to receive the relurn of Buyers deposit(S} wilhout thereby waivlOg any action lor damages resulling Irom Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither thiS Conlracl, nor <lny notice of it, shall be recorded in any public records This Conlracl shall bind and ,nure 10 lhe benefit of the parties and their successors in inleresl Whenever Ihe contexl pe' mils. ~,ngular sl1all ,nclude plural and one gender shall include all. Notice given by or 10 the allorney for any party shall be as effective as il given by or to thai party U. CONVEYANCE: Seller shall convey litle 10 the Real Property by statutory warranty, trustep,'s, personal represenlative's or guardian's deed. as appropriate to Ihe slatus of Seller, subject only to matters contained in Paragraph VII and those otherwise accept!!d by Buyer. Personally shall, at request of Buyer, be transferred by an absolute bill of sale with warranty 01 lille, subject only to such matters as may be otherwise provided lor herein V. OTHER AGREEMENTS: No prior or presenl agreements or representations shall be binding upon Buyer or Seller 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 intended to be bound by it. W. WARRANTIES: Seller warrants Ihal there are 110 facts known to Seller materially allectlng the value of Ihe Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer J_ n_._ _......J ""t~,.... 1':'1......;,..,... ^C'~^....i...':",,,,, ",I O~li' T(,)Q~ I I ADDENDUM 1. Buyer shall have until December 4, 1992, to obtain purchase approval from the City Commission. In the event the City Commission does not approve the purchase on or before December 4, 1992, then Buyer may void this Contract by written notice via certified mail on or before December 4, 1992. In the event the Buyer properly voids this Contract under this paragraph, then the Buyer shall receive the return of all deposit monies, and neither party shall have any further obligation to the other and this contract shall be null and void. In the event the Buyer has not exercised his right to void this Contract within the time provided, then the contingency set forth herein shall be deemed satisfied or waived by Buyer. 2. Buyer shall have until December 14, 1992 to procure and review an updated Phase I and/or Phase II Environmental Report. In the event the results of the Environmental Report are not to the satisfaction of the Buyer, in Buyer's sole discretion, then Buyer may void this contract on or before December 14, 1992. In the event the Buyer properly voids this Contract under this paragraph, then the Buyer shall receive the return of all deposit monies, and neither party shall have any further obligation to the other and this contract shall be null and void. In the event the Buyer has not exercised his right to void this Contract within the time provided, then the contingency set forth herein shall be deemed satisfied or waived by Buyer. 3. Buyer and/or Buyer's agent shall have the right of access to the property for surveys, tests or studies. In the event Buyer does not close this transaction, then at Buyer's expense, Buyer shall return the property to its original condition upon termination of this agreement or upon demand by Seller at any time subsequent to the closing date set forth herein. Buyer shall hold Seller and Broker harmless from any and all loss or liability as a result of said surveys, tests and studies. 4. - At closing Seller shall convey only the fee simple interest in the property as legally described in the attached legal description. Any ownership rights Seller may have in the 1.45 acre (MOL) recreational facility located to the immediate north of the subject property shall not be part of this sale and not be conveyed to the buyer. 5. Tax Reform Act of 1984. In accordance with the Tax Reform Act of 1984, Buyer shall deduct from the Purchase Price and withhold tax equal to ten percent (10%) of the Purchase Price, unless Seller furnishes: a. An affidavit stating, under penalty of perjury, he is not a foreign person, partnership, trust or corporation and supplies Seller's United States tax identification number; or b. A statement from the Internal Revenue Service indicating Seller is either exempt from United States taxation or has reached an agreement with the Internal Revenue Service regarding the satisfaction of his United States tax liability; or c. For non-publicly traded United States corporations, an affidavit stating, under penalty or perjury, the corporation is not a United States Real Property Holding Corporation, as defined in the IRC Section 897(c) (2). 6. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffjcient 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. " Pursuant to Florida Statute, Ch.475, Lee Arnold & Associates makes the following disclosure: Lee Arnold & Associates represents the Seller exclusively. Lee Arnold & A~~cia~s $hall receive compensation from the Seller exclusively. Aftv., )Yf ~ t/A4/'C~ . anager seller:~ ~11!2!7w<9 7. t&~ Buyer: Rita G~; Mayor-Cmurt'!,issioner Seller: Dated this II ;Jc~ day of Nevel'l,bel, 1992. .. ',:,.:.;'.'--,-,c ''ii'-~ "-'''-'' :.- -.... -.-.... .. LEGAL De~_~~f.~~i.i(Q;I~~~til~. ..1ssi .i ~...~> .- "-"";."'-~:-,..'p' . "". -." ," ,,' ....~'.'.. . - .. - .~. .".. ... .-."-. '. . <'- ,"", . ..- ... ;. 'j"" :." .. . . .. ; From the' 'SOu.t.heast'l!:ornerofSection 19 ,ToWnship 29 Sou.th, Range 15 East, for a Point of . :Referende:"'~:~E!JlCe "~N.' 89.It04' 67/-: W., alons .the'~ South boundaryot said section ~.293. 45 feet to..a point 'on'. the centerline....of."Pulf BoUlevard ~ '(A 50. -00 foot ~half right-of-way); thence ~ along 'sai4 l.'iiie '.l:Sy.th~ f.oli-o~J.ngthree;. (],) . c;o~ses: 1. N. 3lo5S-.'2Q".E.,'S2fi.9S"feet to a point.'ofcurve. 2. Along th~.:arc.of a curve 'to the le.ft radfus":= 1909.86 feet., Arc = 304.27 feet, Chor-d . Bearing'~.N..; 27024.'3~0" E.~'-:303.95P~et.,.Delta Angle 'of 09007'41" to a Point 'ox. Tangency. 3. N. 2:z.o.S0.'39w E., 71.06 f~et. . . . . . . _~hence;. le~vinq said li.ne S. : 6?o.09' 21 n E.~:;;> SO:.,OO,feet, to a point on the Easterly right--of-way ~a.nd theP.OIN'!yqF BEGINNING7:therice .continue::S. .6,009'21" E.., 96.52 'feet.; thence S. l8009t21" E., 147.(j0 feet tc,'the face of a:'Concrete seawall'; thence S. 6]0.09'.21" E., 170..00 feet + to'a- point on the' mean high water liI)e of Clearw~ter Bay as survey~ or: August. 18, 1980 ,-said .point hereinafter referred to as point "B n for convenience; thence.; returning to the POINT OF BEGINNING i thence.5,., 2Z'0 50' 39 n W., along 'Easterly r.,ight-of-way line 71.06 feet to a point of curve i thence' along the ar'cof 'acurveto '1:-he:ri:ght radios.= 1959.86 feet, Arc = 312.23 feet, Chord Bearing = . s. 27.24"30Jl,~~ 31'1~90 fee1;:,"De:lta Angle--of .09007"41" to the Point of Tan.gencYi t~ence - '5. 31058'20"W., 243.62 f~tlthen-ce '1eavf..pg EJai~d lUne s. 89004'07" E., :2-33.42 feet to the faCE: of a concrete seawall and th~. .aforementio~-ed' mean -high water' line i thence Nor:therly along said line and binding therew:i, th to the .aforemen~idned point "B" . , Containing '3.80' acres more .or less. ,'- ." --' -...- ;.:.'~ .. - " ~ ~. ._. a. . < / SELLER: BUYER: PROPERTY: DATE: PURCHASE PRICE I BUYER'S CLOSING STATEMENT ANTHONY A. PETRARCA CITY OF CLEARWATER SEE EXHIBIT "A" ATTACHED DECEMBER 17, 1992 * * * * * * * * * * CREDIT TO SELLER FOR 1992 TAXES (15 days @ $65.97) CLOSING COSTS: Recording Warranty Deed TOTAL AMOUNT DUE FROM BUYER ACCEPTED AND AGREED TO: CITY OF CLEARWATER, FLORIDA By: ~~ l?'J " 121692 d-1 911\JES\33193ASBS1 88704 I $1,200,000.00 989.55 10.50 Sl.201.000.05 '. I I L A W Y E R S T I T L E I N S U R A N C E C 0 R P 0 R A T I 0 N NAT I 0 NAL H E ADQUARTER S R I C HMO N D, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVE DATE: November 20, 1992 at 7:45 a.m. CASE NO. 9204820 -pin-tpc 2. POLICY OR POLICIES TO BE ISSUED: (a) ALTA OWNER'S POLICY (04-06-90) with Florida Modifications AMOUNT $ 1,200,000.00 ALTA LEASEHOLD OWNER'S POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 PROPOSED INSURED: the City of Clearwater (b) ALTA LOAN POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 ALTA LEASEHOLD LOAN POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 PROPOSED INSURED: NONE 3. TITLE TO THE FEE SIMPLE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Anthony A. Petrarca 4 . THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: See Schedule -A- Lands Attached Hereto COUNTERSIGNED AT JO ON, BLAKELY, POPE, BOKOR, Commitment No. 9204820 h Office RUPPEL & BURNS, P.A. Schedule A-Page 1 AuthQr ze Officer or Agent Form No. 91-88 (SCR. A) 035-1-088;1l.001/4A W' Initials~/ ~ , This commitment is invalid unless the insuring Provisions and Schedules A and B are attached L l w y E R S T I T L J I N S U R A N C E C 0 R P 0 R A T I 0 N . NA T I 0 NA L H E ADQUARTER S R I C HI! 0 N D, VIRGINIA Schedule -A- Lands A portion of Section 19, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as Follows: From the Southeast corner of Section 19, Township 29 South, Range 15 East, for a point of reference; thence North 89004' 07" West, along the South boundary of said Section, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way); thence along said line by the following three (3) courses: 1. North 31058'20" East, 826.95 feet to a point of curve. 2. Along the arc of a curve to the left radius 1909.86 feet, Arc 304.27 feet, Chord Bearing North 27024'30" East, 303.95 feet, Delta Angle of 09007'41" to a Point of Tangency. 3. North 22050'39" East, 71.06 feet. Thence Leaving said line South 67009'21" East, 50.00 feet, to a point on the Easterly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67009'21" East, 96.52 feet; thence South 18009'21" East, 147.00 feet to the face of a concrete seawall; thence South 67009'21" East, 170.00 feet, more or less, to a point on the mean high water line of Clearwater Bay as surveyed on August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22050'39" West, along said Easterly right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equals 312.23 feet, Chord Bearing equals South 27024'30" West, 311.90 feet, Delta angle of 09007'41" to the Point of Tangency; thence South 31058'20" West, 243.62 feet; thence leaving said line South 89004'07" East, 233.42 feet to the face of a concrete seawall and the aforementioned mean high water line; thence Northerly along said line and binding therewith to the aforementioned point "B". Commitment No.9204820 I L l w U RAN y C E E R S C o T R I P T o L L R A T I o N N S NATIONAL HEADQUARTERS R I C HMO N D, V I R GIN I A SCHEDULE B--SECTION 1 Requirements The following are the requirements to be complied with: Item a Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item b Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Warranty Deed to be executed by Anthony A. Petrarca, joined by Grantor's spouse, if married, or reciting that subject property is not Grantor's homestead to the City of Clearwater. 2. Satisfaction of that certain Mortgage executed by American Design & Development Corp. of Sand Key to Citizens Fidelity Bank & Trust Company, dated 3/28/85, recorded 3/29/85 in o. R. Book 5960, Page 1625; given to secure the original principal amount of $6,150,000.00. Said Mortgage subsequently modified by Instrument recorded 9/23/86, in O.R. Book 6352, Page 2158, and by O.R. Book 6446, page 1533 and O.R. Book 6830, page 1087. 3. Satisfaction of that certain Mortgage executed by Anthony A. Petrarca to Citizens Fidelity Bank and Trust Company, d/b/a Citizens Fidelity Mortgage Company, dated 3/12/87, recorded 3/13/87 in o. R. Book 6446, Page 1535; given to secure the original principal amount of $850,000.00. Said Mortgage subsequently modified by Instrument recorded 9/9/88, in O.R. Book 6830, Page 1087. 4. Release and/or Satisfaction of that certain Assignment of Rents and Leases executed by Anthony A. Petrarca, to citizens Fidelity Bank and Trust Company, d/b/a Citizens Fidelity Mortgage Company, dated 3/12/87, recorded 3/13/87, in O.R. Book 6446, Page 1552. 5. Redemption of outstanding Tax Certificate No. 90/02539 for the year 1989 Taxes. 6. Redemption of outstanding Tax Certificate No. 91/02519 for the year 1990 Taxes. 7. Redemption of outstanding Tax Certificate No. 92/02055 for the year 1991 Taxes. (,ri f-.'; 8. Release of subject property from or Satisfaction of that certain Final Judgment recovered by Bruce Littler, Inc., against Anthony A. Petrarca, recorded 12/17/90, in O.R. Book 7450, Page 1250, as assigned to National City Bank by instrument recorded in O.R. Book 7530, page 2046. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Commitment No. 9204820 Case No. 9204820 Schedule B-Section 1-page 1 Form No. 91-88 035-1-088-0001/4 ~~ , ) I . . ~ I N S LAW Y E U RAN C E R S C 0 T R I P T L E ORA T I o N NATIONAL HEADQUARTERS R I C HMO N D, V I R GIN I A SCHEDULE B--SECTION 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. 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. Taxes for the year 1993 and any taxes and assessments levied or assessed subsequent to date hereof. 3. Any state of facts which an accurate surveyor a personal inspection of the premises might disclose. 4. 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. 5. Rights of parties in possession of the premises other than the record owner. 6. Reservation of an undivided three fourths of all phosphate, minerals and metals, and title to an undivided one half of all petroleum that may be in or under the land, with the privilege to mine and develop same reserved unto the State of Florida by instrument recorded in O.R. Book 1342, page 274. 7. The premises herein described being artificially filled-in land in what was formerly navigable waters, this commitment/policy is subject to the rights of the United States Government and the State of Florida, arising by reason of the United States Government's control over navigable waters in the interest of navigation and commerce, and the inalienable rights of the State of Florida, in the lands and/or waters of such character. 8. Riparian rights or rights to submerged lands are neither guaranteed nor insured. 9. Easement in favor of Florida Power Corporation by instrument recorded in O.R. Book 5531, page 1031. iI, continued ( , NOTE: If policy is to be issued in support of a mortgage loan, fact that the Company can assume no liability under its policy, Insured Closing Service for compliance with the requirements of or truth in lending law in connection with said mortgage loan. attention is directed to the the closing instructions, or any consumer credit protection This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Commitment No. 9204820 Case No. 9204820 -pin- Schedule B Section 2 Page 1 o I I . . L A W Y E R S T I T L E I N S U R A N C E C 0 R P 0 R A T I 0 N NAT I 0 NA L H E A D QUART E R S R I C HI! 0 N D, V I R GINIA SCHEDULE B, SECTION II EXCEPTIONS CONTINUED 10. Title to any portion of the land described under Schedule "A" hereof lying beneath the waters of ,Clearwater Harbor is not insured hereunder. 11. Royalty interests of Coastal Petroleum Company, its successors and assigns, pursuant to agreements with the Trustees of the Internal Improvement Fund of the State of Florida beneath the waters of Clearwater Harbor or other adjacent waters, which interests do not include right of surface or subsurface entry or rights to mine, drill or otherwise access minerals beneath the surface of the subject property. ci ['2, Terms and conditions of Final Judgment and Settlement Stipulation contained in the instrument recorded in O.R. Book 6420, page 975 and Amended Final Judgment and Settlement Stipulation recorded in O.R. Book 6420, page 1001. r" ~_13 . Terms and conditions of Co-Tenancy Covenant recorded in O.R. Book 5960, page 1618. ! 14. Should the insured property be submitted to condominium ownership, then it may be subject to the provisions of the Declaration of Condominium of Sand Key Condominium-South Bay-1501 Gulf Blvd., recorded in O.R. Book 5617, page 283 (the "DECLARATION"). Other uses of the insured property are not subject to the Declaration. \ \...,' Case Number 9204820 Coxmnitment No. '-~~-._.~.._.--.----_._._..I__"I' __-- _-- .-------_____._._.... , .. I ~wyers ptle I Insurance @Poration NATIONAL HEADQUARTERS RICHMOND. VIRGINIA COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, herein called the Company, for val~ble consideration, hereby commits to issue its policy or policie,s of title insurance, as identified in Schedule A, in favor of the propo~ed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subjecttothe provisions of SchedulesAand Band to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, pr~lded that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be ".li'tF6r'btridlngwntil countersigned by an authorized officer or agent. ~ '.'. , - , :::.r.:. IN WITNESS WHEREOF, the Company hasC8used"#li~.:' . " nt to be signed and sealed, to become valid when countersigned by an authorized officer or',gent Of~ cO~ lIin accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as Wfff~tl;;.ie'" . ~~. ' ,.: : -, .'\ ,~;~~::~. CONDITION.S ANDstrPuLATIONS 5, "'.' 1. The term "mortgage," when used herein, shall u,c100e dee&of trust. tnlst deed, or other security instrument. J ".' , " 2. If the proposed Insured has or acquires actual ~owledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgaOe ther;eon covered.by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting froroany act of reliance hereon to the extentthe Company is prejudiced by failure to sodisclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. .Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. fu..wyer.s ptle Insumnce @rporation By' , "A. d" '?1 ~ t!3, ~4-/T' /I ' President ;:fL4 .bI-Sec'ma~ Attest: Illl Illl Illl Ull 11Il Ull IIll Ull Ull UIC Ull 1..111 1[1\ LI[l I [[l 1..1[1 UII 1..1Il UII ure Ille 1..1[1 I [1\ 111\ I III I [[I 11[1 I Iii Illi I III III n1 00 ,...r\'fC Q ,',".' ~~ " '.:.; ,~?:}~ '~ " ~~:;;; ...:.:':. '~(:,: .::t;:~ ;',"J" :t. h " \~ )',' ','; I.'; ',,; .., .. .:~. ;,:', ," ,.....' \.~ ,;{;, ",'; ~;:t;.;.j }1 "'-:. I :::/ .',:;~ I" :\ ',', :~; ,;: \, .' 'I -.----.-- '."~'lJ.~'llJ'.J.." .u.L.I~...J...LL.L LtJUVI/I)U~ -..----- ---- ---------.. .. I I AFFIDAVIT OF NO LIENS', STATE OF ~~ ) COUNTY OF'\... ~./AJ/J17/j--:::: ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take aCknowledgments, persOnally appeared ANTHONY A. PETRARCA, who, being first duly sworn, deposes and says that: 1. He is the owner of the real property located in Pinellas County, Florida, as is more particularly described on Exhibit hA" attached hereto and incorporated herein ("Property"). The Property is now in pOssession of the record owner, and there is no other person or entity in possession of the Property or who has any rights or tenancies to the Property, 2. No Notice of Commencement affecting the Property has been exeouted, recorded or posted by the undersigned. 3, The Property is free and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and description whatsoever, except for real and personal property taxes for the years 1989, 1990, 1991 and 1992, and other matters shown on Title Insu(ance Commitment No. 9204820 ("Title Commitment") issued by LAWYERS TITLE INSURANCE CORPORATION, th(ough it. agent JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. (COllectively, "Title Company" ) . 4. The undersigned knows of no state Or ,federal jUdgment or lien of any kind or nature whatever against the Property, 5. There has been no labor performed on Or materials furnished to the Property wi thin the past ninety (90) days for which payment in full has not been made or for which valid liens could be filed; there are no claims whatsoever: of any kind or description against the Property for which liens could be filed according to the statutes in such cases made and provided; and no info(mal notice of claim has been (eceived by the undersigned, includinq without limitation unrecorded labor, construction or materialmen's liens against the Property. 6. The undersigned hereby warrants that the undersigned has received no notice of any public hearing regarding pending or future assessments for improvements by any governmental agency and there are no unpaid or pendinq bills, assessments or liens against the Property for sanitary sewers, paving, utility installation, service Or othe( improvementa made by any public utility or governmental agency, whether or not such assessments appear of record. 7. The undersigned knows of no viOlations of municipal or county ordinances, or any easements or claims of easements for Uses or adverse interests not shown by the public records, pertaining to the Property inCluding without limitation any unrecorded easements or rights-of-way created through Use or adverse interest with respect to the Property, The undersigned knows of no violations or breaches of any covenants, conditions or restr ictions applicable to the Property, including without limitation, bUilding setback violations and use restrictions violations. 8. The undersigned warrants that there are no estate tax, inheritance tax, Or income tax -liens, under federal Or state laws, against the Property, or "ga1nst the undersigned, whiCh would affect the Property, 9. There is no outstanding unrecorded agreement of sa18, option, deed, agreement for deed, conveyance, mortgage, Or lease affecting the ti tle to the propertr' other than the agreement incident to which this Affidavit s given and those matters described on the Title Commitment. : ,t '.:, .. '~ ~:~; ;:, :;'j :<', /~: ~~~ 'i.1 '..' I,: ':'j 1 ,( ,', .; ~ , !1 :d :.; . ,\ .~ ';; , J :;": ':', , , :., . ':, " (':. /, , ;., ,: ~: " ',\ , :~ I;'. , " " :'::: 'J '. ,~ .:.: .:~ .. ~. ", . :;;~: " I,'.' .... ::;) ,'.t :.; .'.:. t ': ~ -,r, .J <~ )j ':' ,',.' ..... \/. \' .;:. ,., ....J .~ " , ;-1 !::~; :<~ :::~ ~:;:! .~ ~ '\ ':,:~ '., ~:;:: , ',. I.j '~: : i~1 .1...), d. 'l J..J.J./ U 1.J.J...j '!-i..J.. ...l..Ju.\t..Jl......., JJL.~.u.,L...oL.1. \~ v.L j "'" IH") , vVV - -- - .- .. ...... --.- ... --.-- ,. .- - ,.-.. -,._- -..- - - -.-- " I I ~ ~:. 10. Th@ undersigned owner ot the Property is not a non- resident alien, foreign corporation, foreign partnership, foreign trust, or foreiqn es ta te (as those terms are defined in the Internal Revenue Code and Income Tax Requlations), and the U.S. taxpayer identification number of said owner is jJtJ3- 3%- J 3J'j. 11. This representation is made under oath for the purpose of inducing CITY OF CLEARWATER, FLOR!DA, a municipal corporation ("Purchaser") to purchase the property, and the Title Company to insure title to the Property. 12. The undersigned makes and delivers this Affida~it of No Liens fully realizing that: the Title Company and Purchaser are relying hereon in order to close such purchase. This Affidavit of No Liens is made ~ith full understanding of all laws appertaining to affidavits in Florida, and full faith and credit may be given hereto. The undersigned further certifies that the undersigned has read the complete text of this Affidavit, and fully understands its contents. 13. All statements made herein shall, to the best of the knowledge and belief of the undersigned, be true and correct as of the date and time the deed is recorded. There are no matters pending against the undersigned that could give rIse to a lien that would attach to the Property between the date hereof and such recordation. The undersigned has not and will not commit, between the date hereof and the date and time of such recordation, any act that would cause the statements made herein to change or to become invalid, nor will the undersigned execute any instrument that would adversely affect the title to the Property. 14. The undersigned agrees and shall save and hold the Title Company harmless from any claim, liability, or cause of action which may arise by virtue of any of the foregoinq representations being false or untrue or from any lien or claim which may be filed or enforced for any labor, materials used or furnished to the Property, for or on account of benefit of owner. ~~A.'l~(JL~ The foregOing instrument WAS acknowledged before me this /~ day of December, 1992, by ANTHONY A. PETRARCA, who (is personalty known to me) or [prOduced ':as identification] and did take an oath. " iJfr~ ~ prl:~Yn=~r~~J~J?~~~~ My commission expires: ~J- 121592 d-2 (Ie) ~ 911\JES\PNC-AL r , .~~~\n'M,1"r(p' ~\~. II!. ~ENEt:. ""~~ !'It....\\'to"- ..,...... ~'~, ~~~\~,,~.{~:. It:..~~~,..~~ :-;- !i8I:: - -tt.......-y _____. *' = i \ 1";;1"" ...1 i 'S . ... , ... ........ .. , ~ · i .. ' a. ;: ~ .... ,..:Jf' .~. ~ ~,,~~i:...~."~~"~,,~ · ~/I. :4RIAl ~ \,to . ~I",,,.....'t\ , I CHRISTINE RENEE' LANGLEY, Notary Publl:: State of Ohio o;t.{ l'mO . My Commlss!oll expires May -..., l' r -2- .' .;~ :,' :::~. I'J ',:, .;, .\ :l ':i \,1 ,:1 9 I~,l, ~l :~;'l '/li .';1, r ,::1 :;~ l .J..._ .1. '.' ..... 'I ..J.. , ......J.._ ." w.. . '.J .....1 .-,..-.... .. .- -. "'-"'i~; ilof-:t!, I,' ~ I I -'-T' ----- .. EXHIBIT "All , .'i '., . .~ :} · POniaa ~ I.""i"" 19, """"'.hil' 29 louth, Ilaage is "'0, PiDeU.. ~ty, Plari cia , btllag -~. pueicrularly described .S 11'01 lows , roo. the SOUth...e coon.r o~ S.oOioo 19, TOWaohil' 29 SOUth, Roag. l' ".e. ~or . paine of "~oreaee, thoaee larch 8S"04'07" W..e. elong the South boundary ~ .aid S.etioo. 22S3.45 ~.oe to. I'oine oa the e.oe.rline DE dol~ BOOleverd I. SO.OO ~oot ho1~ rtghe Of -.rJ, theQ"e &lOl1g said U.ne by the follOwing three U) C'J~Res : 1. Karth 3l088'20ft KaRt, 826.95 feet to a poine of ~. 2. JUllIOg the lire of · eur.. to tho lofe radiu. 1909. as ~..O. Ara 304.27 f..t. Chard Bearia, Ib~ 27024'30ft Bast, 303.95 feet, Delta Angle of 0,007'41ft to a Paine of 'l'aageaay . J. ROrth 22050'3'ft laRe, 71.0& feet. Tboa.. Lo.YiDg .aid line SOUth .7'OS'21" B..t. SO.OO fe.e, to . I'aine 00 tho B..tarly righO ~ way of .aid Gulf Boulevard and tho ~aint of B.ginning, th.nco eoa.iou. South '7'OS'21" ..... ".92 f..e, thone. SOUth 18'0"21" ...e. 147.00 ~aao .0 tho f.oa of . OOOctet. ...~ll, th.nee South 87'OS'21' B..t. 110.00 fe.t. .u". 0" 1.... to . paine on tho ....au high ..e." lin. DE Cleazw..." B.y .. .~d 00 Augu.. 18, 1980. .aid I'oine h.reinaft.r ".f.....d .0 a. Point '8" ~or eoovenienoo, thono. ".eurning to the ~aine of B.ginoiDg, th.nce South 22'50'3'" W..e. alaoS .aid S..t.rty righe of way line 71.D6 fo.. 00 · poino o~ turve, th.nee alaoS the ."e Of .aid """"" eo the dghe <adiu. .qu.lo l'89.8e ~.oo. .ra oqual. 312.23 feot. Chord B..ring eqoat. SOUth 27'24'20" W.ot. 311.90 ~.oo. Dolta anglo of D"D1'41" 00 the Point of TanSency, thenco SOOth 31'58'2D' W.O" 243.82 fooo, thenee l..ving ..id lino South 89'04'D1' ".t. 233.42 f.eo 00 th. faeo a~ a oaoareoo .....11 and the afo".~enoion.d mean bigh ~e.r line, thene. lortharly alan; .aid liu. aDd b:l.nd..ing therl!lwith to the ~:fo:rell18nt:iQn8d paint: fta". ."! ", ~. . ~ .' " ...; '! " " .~ ,., ,',' ". .\. '" ", ", ..:.., '" ", ~ :-.: " " "- ~~~ '..:. ':... " .;: :~ .. .~:~ '. . I,/. :::: ',,: :~ : I; 0' ~ ":-' ',. :::~ '. ., ,: '. .. " , . ','. \'; 'A " ,:~ .:: ,':> .:' ~ I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., city Attorney.~ Purchase of park property on Sand Key from Petrarca FROM: RE: DATE: February 22, 1993 This property purchase was completed on December 17, 1992, and enclosed are the following documents: Contract for Purchase and Sale and Addendum Buyer's Closing statement Warranty deed Title Commitment #9204820 issued by Lawyers Title Insurance Affidavit of no liens Substitute Form 1099 S I will forward the title policy and survey when I receive them. MAG: jmp Enclosures Copy to: Daniel J. Deignan, Finance Director wjcopy of settlement statement H ,rr.:rTVED FES 2 2 1F1Cl,~ Crry CL' ,'c. 11 K {,,1. I 1 CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, city Clerk M. A. Galbraith, Jr., City Attorney ~ Purchase of park property on Sand Key from Petrarca FROM: RE: DATE: April 14, 1993 As a follow-up to my memorandum of February 22, 1993, enclosed are the following documents regarding the above property purchase: Lawyer's Title Insurance Corporation Owner's Policy No. 113-00-735652 Title Insurance Commitment Non-Homestead Affidavit executed by Anthony A. Petrarca MAG: jmp Enclosures RECEIVED APR 1 6 \993 CITY CLERK . ..ll..ll.._.ll..ll..ll..ll..ll..ll..11111..ll..I;_Ii'il..11..11..11..11..11..1[_.1["1[_.1_.1[..1[_.1[..1[..1[..1[..1[..1[. ~wyers ptle . Insurance @rporation NATIONAL HEADQUARTERS RICHIIOND, VIRGINIA OWNER'S POLICY NUMBER 113-00- ,7 3 5 6 52 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2, Any defect in or lien or encumbrance on the title; 3, Unmarketability of the title; 4. Lack of a right of access to and from the land, The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By,Laws, Attest: f1Ldkl- Secretary. fu,wyers l1tle Insunmce @rporation By: ,~", /J '/I" ?'/~ c:, ~~/' /I ' President EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited 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; (iii) a separation 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 or 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 a 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, 2, Rights of eminent domain 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, 3, Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to 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 insured 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 forthe estate or interest insured by this policy, 4, 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, ...[_..[_..1_..[_..1_..1_..[_..1_..[...[__1[...[_..(__.[_..(_..I_..(_..U...(_..(__.(__.(__.(_.~..I_..I_..I_..I_.II_II_..U. 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(e) :ueaw AO!lod Slljl UI pasn UaljM SWJal 5uIMOIIOj aLlJ. 'SVIIl::l3J..:I0 NOIJ.INI.:I3a '~ SNOIJ.VlndlJ.S CNV SNOIJ.ICNO:> I I LAWYERS TITLE INS U RAN C E COR P 0 RAT ION NATIONAL HEADQUARTERS R I C HMO N D, V I R GIN I A OWN E R ' S POL ICY SCHEDULE A CASE ROMBER 9204820 JBP 33193.88708 DATE OF POLICY December 17, 1992 at 5:45 P.M. *** See NOTE under :Item 4 Schedule A AMOUNT OF J:NSlJRANCE $1,200,000.00 1f~~~1!-~~2 1. KAME OF J:NSURED: *This policy number shown on this Schedule must agree with the preprinted number on the cover sheet City of Clearwater, Florida, a municipal corporation 2 . '1'BE ESTATE OR :INTEREST :IN '1'BE LAND DESCR.:IBED HER.E:IN AND WH:ICH :IS COVERED BY THIS POL:ICY :IS: FEE SIMPLE 3 . '1'HB ESTATE OR :INTEREST REFERRED TO HER.E:IN :IS AT DATE OF POL:ICY VESTED :IN: City of Clearwater, Florida, a municipal corporation 4 . '1'BE LAND REFERRED TO :IN THIS POLJ:CY IS DESCRIBED AS FOLLOWS: *** NOTE: As of the ti'me of the recording of the document which vests the insured estate or interest in the insured named herein in the Public Records of the County and State set forth in this Schedule A. (SEE ATTACHED SCHEDULE A FOR LEGAL DESCRIPTION) By: kor, Ruppel & Burns, P.A. Johnson, Countersign re Au Policy 113 Form No. ,Initials / This policy is invalid unless the cover sheet and Schedule ALTA Owner's Policy (04-06-90) with Florida Modifications Agent " Issued at Tampa, FL B are attached. Copyright 1969 , 1 I I N S L U R A W Y E A N C E R S C 0 T R I P T o L E R A T I o N N A T ION A L H E A D QUA R T E R S R I C HMO N D, V I R GIN I A SCHEDULE A (CONTINUED) Legal Description A portion of Section 19, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as Follows: From the Southeast corner of Section 19, Township 29 South, Range 15 East, for a point of reference; thence North 89004'07" West, along the South boundary of said Section, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way); thence along said line by the following three (3) courses: 1. North 31058'20" East, 826.95 feet to a point of curve. 2. Along the arc of a curve to the left radius 1909.86 feet, Arc 304.27 feet, Chord Bearing North 27024'30" East, 303.95 feet, Delta Angle of 09007'41" to a Point of Tangency. 3. North 22050'39" East, 71.06 feet. Thence Leaving said line South 67009'21" East, 50.00 feet, to a point on the Easterly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67009'21" East, 96.52 feet; thence South 18009'21" East, 147.00 feet to the face of a concrete seawall; thence South 67009'21" East, 170.00 feet, more or less, to a point on the mean high water line of Clearwater Bay as surveyed on August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22050'39" West, along said Easterly right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equals 312.23 feet, Chord Bearing equals South 27024'30" West, 311.90 feet, Delta angle of 09007'41" to the Point of Tangency; thence South 31058'20" West, 243.62 feet; thence leaving said line South 89004'07" East, 233.42 feet to the face of a concrete seawall and the aforementioned mean high water line; thence Northerly along said line and binding therewith to the aforementioned point "B". Case Number 9204820 Policy Number 113-00-735652 , ) I I N S U L R A W A N Y E C E R S C 0 T R I P T o L R E A T I o N NATIONAL HEADQUARTERS R I C HMO N D, V I ~ GIN I A OWNER'S POLICY CASE NOMBER 9204820 DATE OF POLICY December 17, 1992 *THE POLICY NOMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PRE- PRINTED NOMBER ON THE COVER SHEET. POLICY NUMBER* 113-00-735652 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Taxes for the year 1993 and any taxes and assessments levied or assessed subsequent to the date hereof. NOTE: The foregoing taxes are a lien as of January 1st, but are not due and payable until November 1st of each year. 2. Reservation of an undivided three fourths of all phosphate, minerals and metals, and title to an undivided one half of all petroleum that may be in or under the land, with the privilege to mine and develop same reserved unto the State of Florida by instrument recorded in O.R. Book 1342, page 274. 3. The premises herein described being artificially filled-in land in what was formerly navigable waters, this commitment/policy is subject to the rights of the United States Government and the State of Florida, arising by reason of the United States Government's control over navigable waters in the interest of navigation and commerce, and the inalienable rights of the State of Florida, in the lands and/or waters of such character. 4. Riparian rights or rights to submerged lands are neither guaranteed nor insured. 5. Easement in favor of Florida Power Corporation by instrument recorded in O.R. Book 5531, page 1031. 6. Title to any portion of the land described under Schedule "A" hereof lying beneath the waters of Clearwater Harbor is not insured hereunder. 7. Royalty interests of Coastal Petroleum Company, its successors and assigns, pursuant to agreements with the Trustees of the Internal Improvement Fund of the State of Florida beneath the waters of Clearwater Harbor or other adjacent waters, which interests do not include right of surface or subsurface entry or rights to mine, drill or otherwise access minerals beneath the surface of the subject property. continued Policy 113 Form No. 035-0-113/99-0906 This Policy is invalid unless the Cover Sheet and Schedule A are attached. ALTA with Policy No. 113-00-735652 OWNER'S POLICY (04-06-90) Florida Modifications Page 1 of Schedule B - . I I L A W Y E R S T I T L E I N S 0 R A N C E C 0 R P 0 R A T I 0 N N A T I 0 NAL H EA D Q OAR T E R S R I C HHON D, V I R G I N I A SCHEDULE B EXCEPTIONS CONTINUED 8. Terms and conditions of Final Judgment and Settlement Stipulation contained in the instrument recorded in O.R. Book 6420, page 975 and Amended Final Judgment and Settlement Stipulation recorded in O.R. Book 6420, page 1001. 9. Terms and conditions of Co-Tenancy Covenant recorded in O.R. Book 5960, page 1618. 10. Should the insured property be submitted to condominium ownership, then it may be subject to the provisions of the Declaration of Condominium of Sand Key Condominium-South Bay-1501 Gulf Blvd., recorded in O.R. Book 5617, page 283 (the "DECLARATION"). Other uses of the insured property are not subject to the Declaration. 11. Encroachment of 6' Wood Fence over and into adjoining property on the Northeast and Northwest corners, as shown by blue print of survey prepared by Gary M. Cumbey, Florida Registered Surveyor No. 2607, dated September 5, 1984, last revised December 12, 1992. 12. Encroachment of Block Wall Addition over and into insured premises on the Northerly Boundary, as shown by blue print of survey prepared by Gary M. Cumbey, Florida Registered Surveyor No. 2607, dated September 5, 1984, last revised December 12, 1992. 13. Encroachment of 6' Chain Link Fence over and into adjoining property on the Southwest corner, as shown by blue print of survey prepared by Gary M. Cumbey, Florida Registered Surveyor No. 2607, dated September 5, 1984, last revised December 12, 1992. 14. Encroachment of 6' Wood Fence over and into insured premises on the Southeast corner, as shown by blue print of survey prepared by Gary M. Cumbey, Florida Registered Surveyor No. 2607, dated September 5, 1984, last revised December 12, 1992. Case Number 9204820 Policy Number 113-00-735652 CONDITIONS ~NI;) 9TIPULATIONS-CONTINUED of an insured claimant any claim insured against J,der this policy, t~gether 10, REDUCTION OF INIURANCE' REDUCTION OR TERMINATION OF with any costs, attorneys' fees and expenses incu'rled by the insured claim- LIABILITY. ' ant which were authorized by the Company up to the time of payment and All payments under this policy except payments made for costs at. which the Company IS obligated to pay; or torneys' fees and expenses, shall r~duce the amount of the insurance'pro (II) to payor otherwise settle with the insured claimant the loss or tanto damage provided for under this policy, together with any costs, attorneys' ' fees and expenses incurred by the insured claimant which were authorized 11, LIABILITY NONCUMULATIVE, by the Company up to the time of payment and which the Company is It is expressly understood that the amount of insurance under this policy obligated to pay, shall be reduced by any amount the Company may pay under any policy Upon the exercise by the Company of either of the options provided insuring a mortgage to which exception is taken in Schedule 8 or to which for in paragraphs (b)(i) or (II), the Company's obligations to the insured under the insured has agreed, assumed, or taken subject, or which is hereafter this policy for the claimed loss or damage, other than the payments required executed by an insured and which is a charge or lien on the estate or in- to be made, shall terminate, including any liability or obligation to defer:'td, terest described or referred to in Schedule A, and the amount so paid shall prosecute or continue any litigation, be deemed a payment under this policy to the insured owner, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. 12. PAYMENT OF LOSS. This policy is a contract of indemnity against actual monetary loss or (a) No payment shall be made without producing this policy for en, damage sustained or incurred by the insured claimant who has suffered dorsement of the payment unless the policy has been lost or destroyed, in loss or damage by reason of matters insured against by this pOlicy and only which case proof of loss or destruction shall be furnished to the satisfaction to the extent herein described, of the Company, (a) The liability of the Company under this policy shall not exceed the (b) When liability and the extent of loss or damage has been definitely least of: fixed in accordance with these Conditions and Stipulations, the loss or (i) the Amountof Insurance stated in Schedule A; or, damage shall be payable within 30 days thereafter, (ii) the difference between the value of the insured estate or interest 13, SUBROGATION UPON PAYMENT OR SETTLEMENT. as insured and the value of the insured estate or interest subject to the defect, (a) The Company's Right of Subrogation. lien or encumbrance insured against by this policy. Whenever the Company shall have settled and paid a claim under this (b) (This paragraph dealing with Coinsurance was removed from policy, all right of subrogation shall vest in the Company unaffected by any Florida policies,) act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued, If re, quested by the Company, the insured claimant shall transfer to the Com- pany all rights and remedies against any person or property necessary in order to perfect this right of subrogation, The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured clai- mant and to use theame of the insured claimant in any transaction or litiga- tion involving these rights or remedies, If a paymer',n 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 "tated above, that act shall not void this policy, but the 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 of the Company's right of subrogation, (b) The Company's Rights Against 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 indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or condrtions contained in those instruments which provide for subroga' tion rights by reason of this policy, (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these 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 of the 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 removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of un' ',arketability 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 performed its obligations wrth respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compe' tent jurisdiction, and disposition of ad 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, 14, ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded 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 shaH 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' fees 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 Continued on remainder of cover sheet CONDITIONS AND STIPULATIONS-CONTINUED by the Company is the entire policy and contract between the insured and 16. SEVERABILITY, the Company, In interpreting any provision of this policy, this policy shall be In the event any provision of the policy is held invalid or unenforceable construed as a whole, under applicable law, the policy shall be deemed not to include that provi, (b) Any claim of loss or damage, whether or not based on negligence, sion and all other provisions shall remain in full force and effect. and which arises out of the status of the title to the estate or interest covered 17, NOTICES. WHERE SENT. hereby or by any action asse' ling such claim, shall be restricted to this policy, All notices required to be given the Company and any statement in writing (c) No amendment of or endorsement to this policy can be made ex- required to be furnished the Company shall include the number of this policy cept by a writing endorsed hereon or attached hereto signed by either the and shall be addressed to its Corporate Headquarters, 6630 West Broad Street, President, a Vice President,the Secretary, an Assistant Secretary, or validating Richmond, Virginia 23230, Mailing address: P.o. Box 27567, Richmond, officer or authorized signatory of the Company, Virginia 23261, ~..~..~..(_..r.-..[_..(_..I_..I_..I_..I_..[_..(_..~.I_..I_......r.-..~..I_..I_..~..~..I__.I_..I_..U...I~..(_.....IIU..IU. POLICY OF TITLE INSURANCE A WORD OF THANKS. . . As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium, This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department ~wyers ptle Insurance @rporation P.O. Box 27567 Richmond, Virginia 23261 ....-.-..-..-..-.-..-..-.-.J..--.-..rp..--.......-...-..-.._._.1.._.._._.._.._.._.._._.._._ '\ I I "'-~ , ~ L A W Y E R S T I T L E I N S 0 R A N C E C 0 R P 0 R A T I 0 N NAT I 0 NAL H EADQOARTER S R I C HMO N D, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVE DATE: November 20, 1992 at 7:45 a.m. CASE NO. 9204820 -pin-tpc 2. POLICY OR POLICIES TO BE ISSUED: (a) ALTA ONNER'S POLICY (04-06-90) with Florida Modifications AMOUNT $ 1,200,000.00 ALTA LEASEHOLD OWNER'S POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 PROPOSED INSURED: the City of Clearwater (b) ALTA LOAN POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 ALTA LEASEHOLD LOAN POLICY (04-06-90) with Florida Modifications AMOUNT $ 0.00 PROPOSED INSURED: NONE 3. TITLE TO THE FEE SIMPLE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Anthony A. Petrarca 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: See Schedule -A- Lands Attached Hereto COUNTERSIGNED A JOiN' BLAKELY, POPE, Br h Office RUPPEL & . . / / . " ized Of icer or Agent Form No. 91-88 (SCH. A) 035-l-08~Y01/4;q ~ Initials~/ ~ , BOKOR, Commitment No. 9204820 BURNS, P.A. Schedule A-Page 1 This commitment is invalid unless the insuring Provisions and Schedules A and B a~e attached NATIONAL HEADQUARTERS COpy I I ~" L A W Y E R S T :I T L E :I N S U R A N C E C 0 R P 0 R A T :I 0 N NA T :I 0 NA L B E AD QUARTER S R :I C BM o N D, V :I R G :I N I A Schedule -A- Lands A portion of Section 19, Township 29 South, Range 15 Bast, Pinellas County, Florida, being more particularly described as Follows: From the Southeast corner of Section 19, Township 29 South, Range 15 Bast, for a point of reference; thence North 89004'07" West, along the South boundary of said Section, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way) ; thence along said line by the following three (3) courses: 1. North 31058'20" East, 826.95 feet to a point of curve. 2. Along the arc of a curve to the left radius 1909.86 feet, Arc 304.27 feet, Chord Bearing North 27024'30" Bast, 303.95 feet, Delta Angle of 09007'41" to a Point of Tangency. 3. North 22050'39" East, 71.06 feet. Thence Leaving said line South 67009'21" Bast, 50.00 feet, to a point on the Basterly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67009'21" Bast, 96.52 feet; thence South 18009'21" Bast, 147.00 feet to the face of a concrete seawall; thence South 67009'21" Bast, 170.00 feet, more or less, to a point on the mean high water line of Clearwater Bay as surveyed on August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22050'39" West, along said Basterly right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equals 312.23 feet, Chord Bearing equals South 27024'30" West, 311.90 feet, Delta angle of 09007'41" to the Point of Tangency; thence South 31058'20" West, 243.62 feet; thence leaving said line South 89004'07" Bast, 233.42 feet to the face of a concrete seawall and the aforementioned mean high water line; thence Northerly along said line and binding therewith to the aforementioned point "B". Commitment No.9204820 I I . . I N S L U R A W Y A N C E E R S C o T R I P T o L E R A T I o N NAT1:0NAL HEADQUARTERS R 1: C HMO N D, V 1: R GIN 1: A SCHEDULE B--SECTION 1 Requirements The following are the requirements to be complied with: Item a Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item b Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Warranty Deed to be executed by Anthony A. Petrarca, joined by Grantor's spouse, if married, or reciting that subject property is not Grantor's homestead to the City of Clearwater. 2. Satisfaction of that certain Mortgage executed by American Design & Development Corp. of Sand Key to Citizens Fidelity Bank & Trust Company, dated 3/28/85, recorded 3/29/85 in O. R. Book 5960, Page 1625; given to secure the original principal amount of $6,150,000.00. Said Mortgage subsequently modified by Instrument recorded 9/23/86, in O.R. Book 6352, Page 2158, and by O.R. Book 6446, page 1533 and O.R. Book 6830, page 1087. 3. Satisfaction of that certain Mortgage executed by Anthony A. Petrarca to Citizens Fidelity Bank and Trust Company, d/b/a Citizens Fidelity Mortgage Company, dated 3/12/87, recorded 3/13/87 in O. R. Book 6446, Page 1535; given to secure the original principal amount of $850,000.00. Said Mortgage subsequently modified by Instrument recorded 9/9/88, in O.R. Book 6830, Page 1087. 4. Release and/or Satisfaction of that certain Assignment of Rents and Leases executed by Anthony A. Petrarca, to citizens Fidelity Bank and Trust Company, d/b/a Citizens Fidelity Mortgage Company, dated 3/12/87, recorded 3/13/87, in O.R. Book 6446, Page 1552. 5. Redemption of outstanding Tax Certificate No. 90/02539 for the year 1989 Taxes. 6. Redemption of outstanding Tax Certificate No. 91/02519 for the year 1990 Taxes. 7. Redemption of outstanding Tax Certificate No. 92/02055 for the year 1991 Taxes. 8. Release of subject property from or Satisfaction of that certain Final Judgment recovered by Bruce Littler, Inc., against Anthony A. Petrarca, recorded 12/17/90, in O.R. Book 7450, Page 1250, as assigned to National City Bank by instrument recorded in O.R. Book 7530, page 2046. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Commitment No. 9204820 Case No. 9204820 Schedule B-Section 1-page 1 Porm No. 91-88 035-1-088-0001/4 I I . . .. . I N S L U R A W A N y C E E R S C 0 T R I P T o L R E A T I o N NATIONAL HEADQUARTERS R I C HMO N D, V I R GIN I A SCHEDULE B--SECTION 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. 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. Taxes for the year 1993 and any taxes and assessments levied or assessed subsequent to date hereof. 3. Any state of facts which an accurate surveyor a personal inspection of the premises might disclose. 4. 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. s. Rights of parties in possession of the premises other than the record owner. 6. Reservation of an undivided three fourths of all phosphate, minerals and metals, and title to an undivided one half of all petroleum that may be in or under the land, with the privilege to mine and develop same reserved unto the State of Florida by instrument recorded in O.R. Book 1342, page 274. 7. The premises herein described being artificially filled-in land in what was formerly navigable waters, this commitment/policy is subject to the rights of the United States Government and the State of Florida, arising by reason of the United States Government's control over navigable waters in the interest of navigation and commerce, and the inalienable rights of the State of Florida, in the lands and/or waters of such character. 8. Riparian rights or rights to submerged lands are neither guaranteed nor insured. 9. Easement in favor of Florida Power Corporation by instrument recorded in O.R. Book 5531, page 103l. continued NOTB: If policy is to be issued in support of a mortgage loan, fact that the Company can assume no liability under its policy, Insured Closing Service for compliance with the requirements of or truth in lending law in connection with said mortgage loan. attention is directed to the the closing instructions, or any consumer credit protection This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Commitment No. 9204820 Case No. 9204820 -pin- Schedule B Section 2 Page 1 I I , ,.' .. . L A W Y E R S T I T L E I N S U R A N C E C 0 R P 0 R A T I 0 N NATIONAL H E AD QUA R T E R S RICHMO N D, V I R GIN I A SCHEDULE B, SECTION II EXCEPTIONS CONTINUED 10. Title to any portion of the land described under Schedule "An hereof lying beneath the waters of Clearwater Harbor is not insured hereunder. 11. Royalty interests of Coastal Petroleum Company, its successors and assigns, pursuant to agreements with the Trustees of the Internal Improvement Fund of the State of Florida beneath the waters of Clearwater Harbor or other adjacent waters, which interests do not include right of surface or subsurface entry or rights to mine, drill or otherwise access minerals beneath the surface of the subject property. 12. Terms and conditions of Final Judgment and Settlement Stipulation contained in the instrument recorded in O.R. Book 6420, page 975 and Amended Final Judgment and Settlement Stipulation recorded in O.R. Book 6420, page 1001. 13. Terms and conditions of Co-Tenancy Covenant recorded in a.R. Book 5960, page 1618. 14. Should the insured property be submitted to condominium ownership, then it may be subject to the provisions of the Declaration of Condominium of Sand Key Condominium-South Bay-1501 Gulf Blvd., recorded in O.R. Book 5617, page 283 (the "DECLARATION"). Other uses of the insured property are not subject to the Declaration. Case Number 9204820 Commitment No. I I S1I8Ol IWO:I ~ i!(n1> lWO:I 078434 DO NOT MAIL THIS FORM TO IRS rriiI CommonwealthGD ~ Land Title Insurance Company TAX INFORMATION REPORTING SERVICE ~(1jJ~~u~u(1jJu~ ~(Q)~~ ~ (Q)@@ ~ Fann 4102 (5091) - 'E ::) Q C i: o ~ CD a:: JCENSON, BIAKELY, POPE, BOKOR, @b RUPPEL & BURNS, P.A. ~ P. o. BOX 1368 ~ CLE'.MWATER, FL 34617....1368 ~ W THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR aTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED. 5 SeU.r N..... (Recipient) (Lut N..... First) 118 '~~~~rN=~ R(W) 17~ i 111;:~:D~I~Nm~~h__N ~ o ~ $1,200,000.00 12 Gro.. S.le. Price 18~el I i44313 9 ZIP 10 Sac'" SecurltylT... 10 No, Seller Is required by law to provide the correct taxpayel Identification number. If conect taxpayer Identification number i! not provided, then heJshe may be subject to civil or crimina, penalties Imposed by law. ER SHO_ IN THI8 STATEMENT 18 MY CORRECT TAXPAYER IDENTlFlCAnON NUMBER. SELLER '... '. .. .___m_._~~ '~' f~e~ -,.~,_LQL_5.f)_ J I ~IQ-~~-s..Q~ ~f-/ INST # 93-087983 MAR 31, 1993 4:56PM NON-HOMESTEAD AFFIDAVIT STATE OF OHIO PINELLAS COUNTY FLA. OFF.REC.BK 8221 PG 1977 COUNTY OF SUMMIT BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared ANTHONY A. PETRARCA, who, beinq ~irst duly sworn, deposes and says that: 1. He is the same Anthony A. Petrarca as the grantor in that certain Statutory Warranty Deed, dated December 17, 1992, recorded in O.R. Book 8124, Page 1099, Public Records of Pinellas County, Florida, conveying the real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). 2. The Property was never the homestead property of the undersigned and his spouse. FURTHER AFFIANT SAYETH NAUGHT. a~cL ANTHONY A PETRARCA Sworn to and subscr ibed before me this J.... qt.Lday of mo../l~L, 1993, bY, A~TijOfJY A. PETRARCA, who [is personally known to ,me] [produced ~~~ as identification] and did tak,e, an oath. '. +~ 4--~~ Notary Public ",,'.'." , ,"'" ".' Pr int Name: 1t..E/lJG',4. {'OR.:; fkV Commission No: Commission Expires: 2C006262 JAR 03-31-93 15:30:43 01 AFF- RECORDING 1 $10.50 THIS INSTRU!!,Ei\'T PREP/\RED BY AND R2TU~N TO: I ' TIMOTHY A. Jm;":,,ON, JR" E~:QlJ!RE JOHNSONI BLA~Ei..Y, PO?E, ~Ci<':)R{ i-~UPP[l AND BURr"s, P.I\, 911 GIESH'cJT STReET POST OFFICE BOX 1368 CLEARWATER, FLORIDA 34617.1366 TOTAL: CHECK AMT. TENDERED: CHAMGE: $10.50 $10.50 $0.00 9ll/JES/33l93MEAFl 88704 d-l KARLEEN F. DEBLAKE~"CLERK RECORD VERIFIED BY: "----~- - - '.... ~"..,.:: .~ .."N_ ....... '(' ,l~'",.. ~J . , .t . ""!.... - .... \4 . . ~.II' i: ;iii, r orr ' :;r ,I t '.. ~ "'............, I EXHIBIT "A" PINELLAS COUNTY FLA. OFF.REC.BK 8221 PG 1978 A portion of Section 19, T01f11ship 29 South, Range 15 Bast, Pinellas County, Plorida, being mere particularly described as Follows: Prom the Southeast corner of Section 19, Township 29 South, Range 15 Bast, for a point of reference; thence North 89~O!'~7" Wee~, ~1~n3 ~& 50Util boundary of said Section, 2293.45 :ftillit to l'. point on the centerline of Gulf B.oulevard (a 50.00 foot half right of way); thence along said line by the following three (3) courses: 1. North 31058'20" East, 826.95 feet to a point of curve. 2. Along the arc of a curve to the left radius 1909.86 feet, Arc 304.27 feet, Chord Beuing North 27024'30" Bast, 303.95 feet, Delta Angle of 09007'41. to a Point of Tangency . 3. North 22-50'39" Bast, 71.06 feet. Thence Leaving said line South 67009'211 Bast, 50.00 feet, to a point on the Bastarly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67.09'21" Bast, 96.52 feet; thence South 18009'21" Bast, 147.00 feet to the face of a concrete seawall; thence South 67009'21" Bast, 170.00 feet, more or less, to a point on the mean high water line of Clearwater Bay as surveyed on August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22050'39" West, along said Baster1y right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equals 312.23 feet, Chord Bearing equals South 27024'30" West, 311.90 feet, Delta angle of 09007'41" to the Point of Tangency; thence South 31058'20. West, 243.62 feet; thence leaving said line South 89004'07" Bast, 233.42 feet to the face of a concrete seawall and the aforementioned mean high water line, thence Northerly along said line and binding therewith to the aforementioned point "B". '\ " ~