PINNACLE ENTERPRISES
Rl!Wrn"!'o: 1"'_~'C.'~'H"~elf.'Bdd'eSSP-dt;!8mped eflvelope) , I
". ~.:r:..". o' .. . 921000
"1~m~: - ~- ,:f
W)l,RRANTY DEED
LONG F"ORM
RAMeo FORM ,
I
# 92-369266
1992 6:17PM
Address:
...
00
:':
INST
DEC 21,
~
;.,,:-;;
Ey.._Mr~J:""I,. ST. GERMAIQ
. ,,,~..,,..-.,"~- -""'...."-,~..,, - ~
'a
"
'C
0..
".l
!
..!
'a
8
This Instrument Prepared bY:.1v -,';,
Add,..., ,\<e;~%'II, :.i'Ii">'<"i~"""'"
to 1~'n!~,~!j ~?,~' :~~ ':._l,:;~~- L;,:3u~'.;~~';H':f.; ,~;':_:.,,(~,
PINELLAS COUNTY FLA.
OFF.REC.BK 8127 PG 1026
PropertvAppralsers Parcel Identification (Folio) Number(51:
Grantee/s) 5.S. #hi!:
SPACE A!lOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
m~i.lt lIIurrttttttt iltt~ Made the 11 day oj December, A.D. 19 92 by
PINNACLE ENTERPRISES, a Florida general partnership as to an undivided 50% interest,***
and ROGER D. COPENHAVER, a / chlJca.cecl."ed man, as to an undivided 25% interest, and
FRANK A, PIDALA, at lI-'rovv/<ziJ.. ~r/tts to an undivided 25% interest
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
***Signatory authorized by Mfidavit attached hereto as
Exhibit "A"
whose post office address is
p,o, Box 4748, Clearwater, Florida 34617
hereinafter called the grantee.'
(Wherever u,ed herein the terms -gl'antor" and "granlee. Include all the parti" to thi[t im:trument and Ule
hf'irLl!l, 1E"Jr.l1 rerr("p:~ntaUvet n.nd atllf:ign. or Indlvldnalft, and the .uece..on and IlFP:ign, or eOI'poraUoru::)
tIIIIfttttItlld4: That the grantor, Jor a,nd in consideration oj the sum of $ 10,00 a,nd other
valuable consideraUons, recm:pt whereoJis hereby acknowledged, hereby grants, bargains, sells, aHens, rem1:scs,
,'eleases, conveys and confi:rms unto the grantee a,ll that certain land situate in Pinellas
Co.unty, Sta,te of Florida , viz:
.'
"
>j.".
Begin at the Southeast corner of the SW 1/4 of the NW 1/4 of Section 21, Township
28 South, Range 16 East, for P.O.B,; thence N: 0 deg, 02' 41" West along the 40 acre
'lipe, a distance of 104,0 feet, thence N, 89 deg. 24' 39" West, 416.0 feet; thence
_L$i.Q deg, 02~~.Al" East, 104.0 feet; thence S. 89 deg, 24' 39" East, along the 40
".'acr~ line, a ,distance of 416,0 feet to the P.O.B, Subject to easement over and
i'Q,lCross tl1e Northerly portion of said description as granted in O.R, Book 943, Page
36a;~9ringr~~s'and egress, Public Records of Pinellas County, Florida,
~:. "-,,, ",/?';.. 't..
t~SS..AND EXCEPT "the easterly 100,0 feet as deeded to PINELLAS COUNTY and as
described in Deecl's recorded in O.R, Book 4133, Page 1772 and in O.R, Book 7890,
Pages 663 through 665, all of the Public Records of Pinellas County, Florida.
Parcel no, 21/28/16/00000/230/1200
Property is not the homestead of
</ltz;,4 ()~I/tl!t (!Mr~
/70) '] fQ 1/( c~ 1!1q '-v?- ~,
the Grantors, they in fact reside at:
I,-r; 33-549
-/-:-c ,--~/Q Ft
(ROGER D, COPENHAVER)
3J /.;3 df (FRANK A, PIDALA)
./ ;)6 ~('~?O-20;S (FRANK)
Grantors social sec,tJv;d:2~-5 f-J.!33(ROGER)
~
fi f1ECOl'-l~NG
'-r.,.. dc:1 r t....
H ,":., .L.L..:....2.!::.._
PHt'19 ~~
D~=t
INT
Pi::.
Documentary TSlC Pd. JS ~ ) . ~
$-
Int/lng'b!e Tllx F'd
Karleen F. De 01. ~r . ,". '
By . k. P,nel/as COunty
Deputy e'erk
c~: :~-j
FEES
MTF
Rr=V
TOfAL~J(c ~) 0 V
::::'7 :::':C.::
}' _ ,":": -:: _ -: .. ,.- :1 r:; _:-' ~,: ~ .~:.;
:",\1
;'1"'1:-
;- !"
n-:r!-;~T;:~i.~.:/\';T T1Tt~F
:~" -" ',: .j' ,~:
KA. R....L.....E..EN F. DEBLAKER,..CC~LRK
RECORD VERIFIED BY: ~
-- _. ___n __n_.~u__ ____. _u_ ____ .,___ _. __"
---0_ _n___._,__
//j ,..' /....,
/P<, ' 1..:-< ~.
./: "
~'n(/f
~,.. ",.,~-,
I
II
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8127 PG 1027
mugdlJtt. with all the tenements, hereditaments and appurtenances thereto beloug1:ng or l:n anywl:se
appertaining,
Wu )fnUt nnb tu Jlulb. the same in fee simple forever.
Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land infcc
simple; that the grantor has good right and lawful authority to sell and convey said land, and hel'eby warrants
the title to saU lund and will defend the same against the lawful claims of all persons wh07nsoevel'; and that said
land is free of all encumbrances, except taxes a-ccruing subsequent to December }fX)OHIX 18, 1992, and
all easements and restrictions of record.
and
signed and sealed these presents the day
delivered in the presence of:
Flo 34616
STATE 0)<' FLORIDA
COUNTY OF PINELLAS
IHEREBY CER11FY that on this dal', before me, an ~J(kl.!!-," duly authorized In the State aforesaid and in the County oforcsp.id to take
ocknowledgmentB, personally appeared DAVID S.MITCHELL, Managing General Partner ** OI
PINNACLE ENTERPRISES, a Florida general partnership to me known to be the p(!I'son described In and
who executed the foregoing instrument and he acknowledged before me that he ~ecuted the some,
WITNESS my hand and official seal in the Counly and Sta~l8St aforesa'd lhis I 157 da of" December, A.D. 19 92,
Florida Drivers license and ' "
took an oath .1:i L. ST, GER~Al ~/ 1
, . ~b1ic. Srit of flQriqa 01 . malure ,
SEAl, <" ';~ cpt, 24, ~ello
. "'W" 094580
r ..:.. I'nnt..d Notary SI111ature
My Comminloll Expil.e~:
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on th.is day, before me, an officer ~!Y-'~ulhorized in_thv State afore)laid and in the Cou'!!!y. ,a a]f'2,or.:resaid to
P~riAr1,no;I~~n~~t:;tnfaPr;~~: w~~:~eD.'XP=~~-:em~~~~e:tbeml:~ ;:~ ~'~:ri~(~ in
and who executed the foregoing Instrument and ,they aeknowle.lge.1 before me that they execuled the same.
WI1NESS my hand and official seal in the ~~ty and Slate last aforesaid this /7 U day of December
A,D. 19 92 .. ....' ~
who have prod~G~~~~ir
. . ~i;ti.fi~ation
,.,Jr :'~ 'i</
who took an oa , .,ii,':' '.~. III.' . '.., I If'.'.""
WIi'-'Tf. . *. :L "', .-
j~-: . _,_1'f:-~ 0;., ~:;,~" '\i'~'=
.. .' ,.'~t:..,~tt' "=iiJf) '7,'.1,
. . 1i,~.,~r~;' ~~~, '<-y
...., . 't,., ......if~.." '. '\<
,>,~'; ,~" ,. '\::Jr,:r.iI':;~ "'""
" \i1V
,~r t'
Signed, sealed and delivered in the
'I . -
'v AAJIJ~/PJ. ~
I (J/,.. wltness~
1~ rv:~ty~~j
t.uJoo wltness 1.
p ~beRTA tiJD
JiiI. SlmaLun
*~'r or
presence of:
,k ct)~~
~ COPENFT~
· maL ':vd- {/'~
v.: . . FRANK A, PIDALA
1421 Court Street, Clearwater,
mu
FL. 34616
/~~.hu~
d No~ry SlgnaLure
an }
o~lJE,Je 11(. l'l,Cl(!4-LLeAl
l'ri"W Notary Slp'lure'
., ""VII:It' ~,. ~"",. 'r'" c 'r.""'" (\~ "'I n,,:,r!'/~.
My Co~~ur;.sjoi\",Explt"f'~~lL)I,;;.'i'~J\ _~_~~.J:J"td.'L-~ ,"0 _-1'.:._',;' ,j.1' ~:: _"JV"~"'>;', ;'"
:'(.--. '-,,'" ' ri~r'~ifJ~l':':,~i~~~:~:~'Z-~';~1.i~ i 1<J~',11C U'~'~~~~'ii(!~-/:'(':~:;~RS,
--. .
1
E X H I BIT "A"
IOF PINELLA.S
F. REC BF? COUNTY F
. L\ 8127 LA..
PG 1028
A F F I D A V I T
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared,
ROGER .D. COPENHAVER, JRo, JOHN Wo BELL, FRANK A. PIDALA, TERRY Ro
MEADOWS, and DAVID S. MITCHELL, who being first duly sworn, depose
~nd state as follows:
!
10 That Affiants have personal ~nowledge of all matters set forth
herein. I
20 That pinnacle Enterprise is a Florida general partnership
comprised exclusively of Roger Do Copenhaver, Jro, John Wo Bell,
FrankAo Pidala, Terry R. Meadows, and David So Mitchell 0
I
"3. That the Partnership Agreement is in full force and effect and
has not been amended, modified or altered in any wayo
40 That the Partnership Agreement does not prohibit, restrict or
limit in any manner whatsoever the ability of Pinnacle Enterprises
to:
(i) Sell real estate owned by Pinnacle Enterprises in
accordance with the terms of that certain unexecuted
agreement attached hereto Exhibit "A" ("Agreement"), or
(ii) perform any and all acts as may be required or
advisable to effectuate all transactions contemplated
Agreement.
, I
5. That all of
unanimously agreed
Paragraph 4 above.
deemed
by the
I
the partners of pinnacle Enterprise have
to accomplish the transactions contemplated by
6. ~hat David So Mitchell is designated as the managing General
Partner of Pinnacle Enterprise and he has full power and authority
011 behalf of pinnacle Enterprise to execute all documents and
perform all transactions contemplated by Paragraph 4 above 0
(
"
I
I
AFFIDAVIT
PAGE TWO
PINELLAS COUNTY FLA.
OFF.REC.BK 8127 PG 1029
- -"--------'"--....--.-.----......-----.--.---..-- -
THIS AFFIDAVIT is made by the undersigned for the purpose of satisfying
PINELLAS COUNTY requirements that said owner is conveying unencumbered title
to the purchaser, PINELLAS COUNTY, at the closing of this transaction and
payment by said Pinellas County of the agreed purchase price to the
undersigned affiant.
("Af~iant" is used herein for
the plural, and any gender
require.")
W~TNESSES:.. /7
- /77 /f~I'-j"/'/ -' / ...:;u/C---/ Z--L--
Print N, :' ~1ar:;r i e Beane
//1l.t A)/ -4lL~)Q,~ ~ .A ...; ~
Print Name: Dar 1 ene McCar ron
)/J '
)) J /J ~I.--l ~ ~ -"' .h, -",/n---~_
prJnt' NE. : Marjorie Beane
~...Q~ .J-x..L~
. Pr i n t Name: 1I::l .,.., """ "" M,.. r ::l r r /'"l n
iP~;S9l71;;fi;27~-
Print Name: Darl ene McCarron
singular or plural, the singular shall include
shall include all genders as Context shall
,~
(SEAL)
(SEAL)
The foregoing instrument was acknowledged before me this 23rd day of April, 1992
by RdGER D. COPENHAVER, FRANK A. PIDALA and PINNACLE ENTERPRISES, who are
personally known to me or who have produced Florida Driver's License as
identification and who did (did n6t) take an oath.
~f/~/)' J-u ~
NOTARY
Print Name: Darlene McCarron
COMMISSION NUMBER: CC144 38 5
My Commission Expires:
NOTARY
SEAL
PWRWGJGl/12/176
; ",\':;--,1_~"'.~. rTrr:.~.~;r;. ~TA':'ii; OF Fr,fH":nA.
;'{~Y {.-:r;:\:=~','iL~Y~O~'J r:Xfir~ES: Ore 7. i(J';~.
~0~Ij.~U T':RU 1'10 fARY I'UBLlC 1Ir,DEItWH;'!""-r:S.
I
I
CONTRACT FOR SALE AND PURCHASE
MODIFICATION AGREEMENT
Regarding that certain agreement dated October 7, 1992 by and
between Roger D. Copenhaver, Frank A. Pidala and Pinnacle
Enterprises (David S. Mitchell, General Partner), as SELLER;
and the City of Clearwater, as BUYER; of real property legally
described as per EXHIBIT "A" attached thereto.
TO WIT:
It is mutually agreed by and between the parties that the
aforementioned Contract For Sale And Purchase be amended as
follows:
1) The purchase price shall be $79,530.000
2) Buyer to pay the following closing costs as estimated by
Stewart Title Insurance Company:
Ao Title Insurance Policy premium
B. Documentary Stamps on Deed
Co Recording Fees (Deed)
$620.00
$550020
$ 10.50
3) The conditions contained in paragraphs 1) and 2) of ADDENDUM
attached to and a part of this agreement having been met, are
hereby declared null and void and of no further effect
regarding the transaction contemplated herein.
4) Under EXHIBIT "A" (Legal Description), first paragraph is
hereby amended to read as follows:
Beginning at the Southeast corner of the SW 1/4 of the
NW 1/4 of section 21, Township 28 South, Range 16 East,
for P.OoBo; thence No 00 02' 41" West along the 40 acre
line, a distance of 10400 feet, thence No 890 24' 39"
West, 41600 feet; thence So 00 02' 41" East, 104.0 feet;
thence So 890 24' 39" East, along the 40 acre line, a
distance of 416000 feet to the PoO.B. Subject to ease-
ment over and across the Northerly portion of said
description as granted in O.R. Book 943, Page 368 for
ingress and egress, Public Records of Pinellas County,
Floridao
LESS AND EXCEPT the easterly 100000 feet as deeded to
PINELLAS COUNTY and as described in Deeds recorded in
OoRo Book 4133, Page 1772 and in o. Ro Book 7890, Pages
663 through 665, all of the Public Records of Pinellas
County, Florida.
Parcels described as "A" and "B" in paragraphs two and three
of EXHIBIT "A" remain unchanged and as described therein,
I
I
5) Closing date of this transaction shall be on or before Friday,
December 27, 1992.
6) This Contract For Sale and Purchase Modification Agreement is
executed by the respective parties with the following
understandings:
Ao The parcel being purchased by the City of Clearwater is
known to have physical dimensions of 104 ft. by 316 ft.,
instead of 104 fto by 366 ft. as believed at the time of
execution of the original Contract For Sale and Purchase 0
Bo The purchase price per square foot of land being
purchased is the same as in the original Contract For
Sale and Purchase.
C. The terms and conditions of purchase as reflected in this
Modification Agreement are consistent with and meet the
terms and conditions of the purchase as approved by the
Clearwater City commission on October 1, 1992, with the
modifications as contained herein being applicable to the
corrected dimensions of the parcel being purchased, and
conditions subsequent to Commission approval having been
met or satisfiedo
7) All other terms and conditions of the aforementioned Contract
For Sale and Purchase remain unchanged and in full force and
effect except as specifically modified hereby 0
By:
By:
Michael Jo wri
City Manager
Date
I ).. - ;)... - 'f.).
,
,,'i' . , -(
I
I
EXHIBIT "A"
(Legal Description)
Beginning at the Southeast corner of the Southwest 1/4 of the
Northwest 1/4 of section 21, Township 28 South, Range 16 East,
thence run west 50 feet for a POINT OF BEGINNING (POB); thence
North 104 feet, thence West 366 feet, thence South 104 feet,
thence East 366 feet to the POBo Subiect to a nine (9) foot
easement on the North side for inqress and eqress to and from the
followinq described properties:
Parcel "A"
Commencing at the Northeast corner of the Southwest 1/4 of the
Northwest 1/4 of section 21, Township 28 South, Range 16 East,
pinellas County, Florida; thence South 00002'50" East 667042
feet; thence North 89026'26" West 50.00 feet to point on the West
line of McMullen Booth Road, said point also being the POINT OF
BEGINNING (POB); thence South 00002'50" East 40000 feet along
said west line of said McMullen Booth Road; thence North
89026'26" West 615000 feet; thence South 00002'50" East 293040
feet; thence South 89029'43" East 162088 feet; thence South
00001'00" East 333047 feet to a point on the South quarter
section line of the Northwest 1/4 of said section 21; thence
South 89021'03" West 840076 feet along said South quarter section
line of said section 21 to the Southwest corner of the Northwest
1/4 of said section 21; thence North 00007'04" East 997015 feet
along the West line of said section 21; thence South 89029'45"
East 670049 feet; thence South 00002'58" West 333058 feet; thence
South 89026'26" East 620.00 feet to the POINT OF BEGINNING (POB),
and,
Parcel "B"
The East 501.97 feet of the South 1/2 of the South 1/2 of the
Southwest 1/4 of the Northwest 1/4 of section 21, Township 28
South, Range 16 East, pinellas County, Florida; less the North
100.00 feet of the East 300000 feet thereof; and also less the
South 104,00 feet of the East 416,00 feet thereof; and also less
the East 50.00 feet thereof for Right-Of-Way of McMullen Booth
Road (also known as State Road Noo 593) 0
;$/~
.
- ",'
~.
I
I
ADDENDUM
TO THAT CERTAIN Contract For Sale And Purchase dated ~~
~, 1992 by and between Roger Do Copenhaver, Frank Ao Pidala
and Pinnacle Enterprises, a Florida general partnership (SELLER),
and city of Clearwater, a Florida Municipal Corporation (BUYER),
regarding property legally described per EXHIBIT "A" attached
hereto and made a part hereofo
TO WIT:
1) Seller agrees that following timely execution by Seller the
terms and conditions of sale as agreed to by Seller shall remain
unchanged and unconditionally open for acceptance by Buyer as
detailed in Paragraph 1 (c).
2) Purchase is contingent upon Buyer verifying to its
satisfaction within ninety (90) days of acceptance by City
commission that property is suitable in all respects for use as a
parking facility of not less than sixty (60) standard parking
spaces, and that all necessary permitting is obtainable for such
parking facilityo If Seller is not notified to the contrary
within said ninety (90) day period, it will be deemed that
property is suitable for the purposes intended and closing shall
take place within twenty-one (21) days thereafter.
DATE
11;7 /92--
CIT~ ~F_ C~EARWA
BY~
Michael J.
city Manage
~ig
Rlta.Ga~vey, Mayor ommissioner
~,
By
~
~
ATTEST:
p!!lier D. Co erih ve CONTRACT FOR SALE ANO PURCHASE Partner,'/%.ll>I
Of 1421 Court St. Clearwater (Phone446~ 7123 - ),
and City of Clearwater, a Florid::! Mllnirip.<ll r.():rpm-.<lt-;()n ,("Buyer"),
of P. O. Box 474R r.lp.<lrt.7.<lh,.... F' 31161S /17/IS (Phone462-6638 ),
nereby agree that the Seller sh~1I sell and Buyer shall'buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following
terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addendum to this instrument.
DESCRIPTION: (a) Legal description of Real Property located in ~ i ne 11 a s
I.
County, Florida:
As Per EXHIBIT "N' attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is:
(c) ~~~: This Agreement is subject to acceptance b Cit Commission of the Cit of
Clearwater within thirty 30) days of execution bv Seller.
9),000.00.
II, PURCHASE.PRICE...................................................... ........... .................. .... .......... ................................. ....$
PAYMENT:
(a) Deposit(s) to be held in escrow by
(b) Subject to AND assuTt.tion of mortgage in good standing in favor of N / A
N having an approximate present principal balance of $
(c) Purchase money mortgage and mortgagG note bearing annual interest at ~ % on terms set forth herein, in amount of ...... . S
~) ~he~ N7K $
(e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations....................... $
III. TIME FOR ACCEPTANCE; EFI'.ECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
on or beforeAs per par!ig~~Fh'" 1 (c) above , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn.
The date oi this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
IV, FINANCING: (a) If the purchase price or any part of it is to be financed by a third party loan, this Contract for Sale and Pur1lff.l\ ("Contract") is conditi~e,dA on the Buyer
obtaining a written commitment for the lit within N / ^ days from Effective Date, at an initial interest rate not to exceed I. %; term of I J years;
and in the principal amount of $ N A ' . Buyer will make application within N / A days from Effective Date, and use reasonable diligence to obtain the loan com-
mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and,
promptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time
stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of N / A % per annum.
At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed N't % per annum. Seller shall, within ~~tA
days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interes( raie and status of mortgages. If Buyer has agree assume
a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them
to the mortgagee. Any mortgagee charge(s) not to exceed $ N.I A shall be paid by N / .\ (if not filled in, equally divided). If the Buyer is not accepted
by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or
Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least ...l5.....- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1)
or (2)): (1) 0 abstract of title OR (2)~ title insurance commitment. t\ c1 d d .
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on per en u,IILnless extended by other proviSions of Contract.
VII. RESTRICTIONS: EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning. restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7'/' fect in width as.19 the side lines, unless otherwise s ecifie<j herein); .faxes for y'ear .of c'Rsi'lll and subsequent
years; assumed mortgages and purchase money mortgages, if any; other: 1 n res s t; res
N/A
in th'e amount of
$
N/A
N/A
N/A
N/A
92,000.00
provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for Pub 1 i c P arki ng 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 fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before clOSing, Buyer assumes all risk oi loss to Property rrcm date of occupancy, shall be responsible and liab!e for maintenance from
that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise staled herein or in a separate writing.
IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached.
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S., (1985), as amended,
shall apply and the CCCL Rider or equivalent may be attached to this Contract.
XII. .FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require Seller to provide additional cash at closing to meet withholding reqUirements, and the FIRPTA Rider or equivalent may be attached to this Contract.
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) E9 may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)fi: is attached OR (2) 0 is not applicable.
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 of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC
EXECUTION BY
OF ALL TERMS
~.
THE PARTIES OF ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF CONSTITUTES ACCEPTANCE
AND CONDITIONS OF THIS CONTRACTDXpR SALE AND PRUCHASE AND ALL ATTACHMENTS HERETO. Da
(Buyer)
(Seller)
&>cial Security or Tax 1.0. #
Date
Date
(Seller)
Socia! Security or-Tax-I.D. #
Soc!al Security or Tax 1.0. #
Deposit(s) under Paragraph II received; IF OTHER THAN CASH,
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE)
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, including cooperating sub-agents
OR
o IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named below, at time of closing, from the ursements of the ceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
_ % of gross purchase price OR $ , for Brok ' services in effecting the sale by ing the Buyer ready, willing and able to purchase pursuant to the foregoing
Contract. If Buyer fails to perform and deposit(s) is retained, 50' ereof, but not exceeding the Broker's fee e provided, shall be paid Broker, as full consideration for Broker's
services including costs expended by Broker, and the bala shall be paid to Seller. If the transaction shall not clo ecause of refusal or failure of Seller to perform, Seller shall
pay the full fee to Broker on demand. In any litigation sing out of the Contract concerning the Broker's fee, the preval
(Escrow Agent)
separate listing agreement:
(name of cooperating sub. agent)
(Sellen
B"
,
rSelip"-,
RIOFRS CAbl BE ORTAINFi' "HO~' Ti-lf F'ORID" ASSOCIUIOi'! ()~ RFL\lTOR,' 0" THF FLORID!' 8M
----------
STANDARDS FOR REAL ESTATE TRANSACTIONS
,I'd; : il')'jl.-::iC~~ '!'~':~'" '-., 1 ".,ti~l'.:j ..it'SIr - d ;,~,- '-~);',(Sllrl':~J then cF:rtifj.::J 3S ~. ,J;-r~::s~ c\ .'" :;:.:istirrs firT"
;'y'110D:3IS ,)f i-rv~ iil:-;lri.lf;-1 r';;':-::::-'ii pl'(1)1-"fi"! ':-1 ~i;,:: put)jic ..0,:.II---'-I-j.::, ..' .'Jner2U"! r~'=;3.i PrOPerry .S ,O;':;-I:erJ. i!li"Oi.Kil cffGct;v;_~
'~!rnrnc:~nr::e l;\/iUl ~~d.r-Ilest r::>con:js. -If 'Judo, i:JKn- Cj:-lt~,; ,=r:) rllQy bp c:u.':3tcmar':1 li'1t: cl thiS tr<1:lS.1ctio'l ~0e ,jb~l.rnct s!la!! bec~~n~":..
subjt~c: to t/"lf? riidflt ,-,~.tr:;lltlun t~ltHer)f r~y LI":;t 1110r"Iqa(Jee ur~ti: fuliV (2) /-\. title iCl,:;U(;:1f1C2 ,~'.Gnlrl)ltniem is.sued by (] Florida Iicenss,j ~it!e in,surer agrr::eii<.
"() i~)sue to BUYt\r, IJpon recording ot ~hG ::i~~crj to Buyer, an oVJner's policy- of title insurance the J.mount ot ~he purchase price, ill~urjng Buyer's title to Real Property, subject on!';'
'co I,ens, encumbranc%, exceptions c,r Qualification set hrth in Ihis Contract and thosp. which sl1all be disChiJr<J8d by Seller 11 or before closing. Seller shall convey a marketabie
::ti,.~ subject on Iv to liens. encumbranc8s, exceptions or qualifications set fort~1 in Contrnct. MarKetJb!~ !itie st"lal1 be rjetermined according to applicable Titie StaFlliards adootpd bv
~':vhcnty of The Florida Bar ~ncl in accordance witl1 law. Buyer 311;]11 have ~3(j Clays. if abstract. or 5 days, :t tirle commItment, from date of receiving evidence of title to e<(amine
:t :1 trtle IS founci defective, Buyer shall. Witlllll 3 clays, notify Seller il~ '1:r1ting specllying defect,s). If tile <J"tect,s) render litle unmarketable. Seller wiil have 120 days from rece<r;t
'..,1 Ilotice WithIn which to remove the dafect(s), falli(lg which Buyer shall have the option of ,'ither }ccepting th" title as it then is or demanding a refund of deposit(s) ::laid which
:JI~.:11 immediately ~X~ !-eturnecl to Buyer; thereupon Buyer and Seller S~ldjl release one arrotller- 0r all fur~ller oblilJations under the Contr2lct. Sel!er will, if title is found "-JIlmarket&o!~
1'3'" diligent effort to correct delect(s) in title Within the time provided therefor, including ih() bringlrlg of necessary SUitS.
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A pL!rchc.se 1',1oney morr'Ja,:e and 1110rtg,o,;:e note to .Se!!er shail provide for a 30 day grace period i~
tt-.i~? event of default if a first mortgage and a 15 day grace period if a second or !F~S5er mortgug\3; Shell I provic1~ for right nf nrerxwrnent in whole or in part without penalty; shai:
permit acceleration or interest adjustment III event of resale of Rea.: Property; 3:~::t11 mqulr9 all PriG" lien and encumbrances to IJ8 kept in good standing and forbid modifications
,)f or future advances under prior mortgage(s): and the mortg3ge. n0te and securify agreement Sl1811 be 'Jlherwls.'? in rOml alvl contenl required by Seller; but Seller may only require
cia uses customarily found in mortgages, mortgaqe notes, and security agreements generaHy utiiized by SaV!!lg an,j loan institutions, or state or national banks located in the count';
,,'./Ilr:?rf.::in Rea! Prop;-Hty is located, All Personalty and leases being conveyed or a.ssigiled WilL at S8:i~r"3 optjor~, be suiJject to the lien of a security agreement evidenced by recorded
firvH1cing statements, If a balloon mortgage, t!le final paY:llent will exceed the periodic payments thereon.
C. SURVEY:--8\Jyer~ ~;j Buyer-'",;; 2;pens~, withir'- tirne allowed to d8iiver evidence -6( title and tel eX::1min8 sarn::, mal Ilave Rea( Pruperty sLlrvr.::yed and certified by ;J. regi.stered Florilja
':)lw'/eyor. If survey shows encr03chmeril on Real Property or thm improvem'3nts iocated on F1eal Prop!:..:rty encrO;]C~l on setback lines, 8ctSenients, lands of others. or 'Jio!:Jte any restrictiollS.
';ontract covenants or applicablp governmental regulation, the S8me shall constitute a litle defecl.
D, TERMITES: Buyel', at Buyer's expense. witl1in {im8 allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Controi
Operator to determine if tilere is any visible active termite infestation or visible existing,.damage from termite infestation in tile improvements. If either or both are found, Buyer wlil
I1we 4 days fr0m date of written notice thereof. witllin which to have 311 dama98s, wbether visible or not, inspected and estimated by a licensed builder or general contractor. Sel!er
"i1C111 pay valid costs of treatment and repair of all damage up to 2%' gf; purcl'~se-d=lrice, Should such costs 8xceed that amount, Buyer shall have the option of cancelling Contract
Nlthin 5 days after receipt of contractor's repair estimate by giving wrjtten'.hotfce -to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include ell wond
destroying organisms required to be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Rea! PrODer.ty sufficient for the intended use as described in Paragrapll VII hereof.
title to which is in accordance with Standard A.
F. LEASES: Seller shall. not less than 15 days before closing, furnish to Buyer copies of all written 19ases and estoppel letters from each tenant specifying the nature and duration
of the lenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seiler is unaole 10 obtain slIcll letter from eacl1 tenant, the same information shall be
furnished by Seller to Buyer within thot time period in the form ~i a Seller's affidavit, and Buyer may tllere3fter contact tenants to confirm such information. Seller shall, at closing,
deliver and assign a!1 origin a! lS8ses to Buyer.
G, LIENS: S811er Sh.1li furnish to Buver at time of closin;! an affidavit attesfing to the absence, unless otherWise provided for herein, of any financing statements, claims of Iiel~ Gr
polential lienors known to Seller and further 3ttesting that there have been no improvements or repairs to Prcpe'ty for 90 days immediately preceding date 01 closing. If Property
has been im;)roved, or repaired within th3t tirne. Seller shall deliver f'~!'::3ses or waivers of mechanics' liens Execut::;.j ;]1 a:J ij8nerai contractors, subcontractors, suppliers, and materialrn8n
in addition to Seiler's lien affidavit setting forth the names of ail such general contractors, subcontractors, suppliers and ;1l3terialmen and further affirming that all charges fOI Il11prOVeme~t3
01 repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at Giosing.
H, PLACE OF CLOSING: Closing sllall be held in the county where Real Property is located, at the office of the attorney or otllel closing agent designated by Seller.
I. TIME: Time is of tile essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays,
and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend 10 5:00 pm. of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements,
K. EXPENSES: Documentary stamps on the deed 3nd recording corrective instruments shall be paid by Seller. Documentdry stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREOITS: Taxes, assessments, rent, Interest, insurance and other expenses and revenue of Property shall be prorated through day berore closing. Buyer shall have
tile option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through nay orior to occupancy if oc!::upanr.y (~(_tjurs before c!osi;~g. Adv~~ce rent ilnd security dep'osits vvi:1 be crediWd to Buyer and
escrow depOSits held oy mortgagee will be credited to Seller. Taxes shall be prorated based on tile current year's tax with due allowance made for maximum allowable discount,
homestead and other exemptions. II closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax, If there are completed improvements
on Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessmenl
taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as 01 date of closing (and not as of Effective Date) are to be paid by Seller. Pending
liens as of date of closing shall be assumed by Buyer. II the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified.
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls
cio not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and macl1inery are
in WORKING CONDITION. Buyer may, at Buyer's - expense, have inspections made of those items by an appropriately Florida licensed person dealing In the construction, repair or
maintenance of those items and shall report in writing to Seller such items that do not meet the above otandards as to defects together with the cost of correcting them, prior to
Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's
warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up tc 3% of the purchase price for such repairs or replacements by an appropriateiy
Florida licensed person selecte.d by Seller. If the cost for such repairs or replacement exceeejs 3% of the purcl1ase price, Buyer or Seller may elect to pay such excess, failing which
either party may cancel this Contract. II Seller is unable to correct ttle defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable
notice, provide utilities service ior inspections. Between Eflective Date and the closing, Seller shall maintain Property including but not limited to tile lawn and shrubbery, in the condition
herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of Property prior to closing in order to. confirm compliance with thiS Standard.
O. RISK OF LOSS: If the Property is damaged by fire or otller casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost
of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shail have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be record,)d upon clearance of funds. II abstract, evidence of title shall be continued at Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date. 01 the last evidence. Proceeds of tile sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrGW agent for a period of not longer than 5 days from and after closing date, If Seller's title is rendered unmarketable.
through no fault of Buyer, Buyer shall, within tile 5 day period, notify Seller in Writing of the defect and Sel!er sllall have 30 days from date of receipt of such notification to cure
the defect. If Seller fails to timely cure tile defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with
such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
ShCiIi take title, as is, waiving all rights against Seller as to any intervenll1g defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion
01 the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time 01 day and procedures for closing, and for
clisbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that
it Will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and clo;'iing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
Q. ESCROW: Any escrow Dgent ("~8nt") receiving funds or equivalent is authorized and agrees by acceptance of t11em to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them In accordance witll terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
,)1' liabilities under the provisions of Contract, Agent may, at Agent's option. continu", to hold tile subject matter of the escrow until the parties mutually agree to its disbursement,
'Jr until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of tile circuit court having jurisdiction of the
,:Iispute. Upon notifying all parties concerned of sucll action, all liability on tile part of Agent sllall tully terminale, except to tile' extent of accounting for any items previously delivered
cut ot escrow. If Cl licensed re81 estate broker, Agent will comply with provisions of Cllapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller wl18re Agent !s made
a party because of acting as Agent hereunder, or in any s.uit wherein Agent interplGads the subject matter of tha escrow. Agent shall recover reasonable attorney's fees and costs
incurred with tile fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not 'be . liable to any party or person
lor misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach ot Contract or gross negligence of Agent. . .
R. ATTORNEY FEES; COSTS: In any litigation arising out at tllis Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
S, FAILURE OF PERFORMANCE: If Buyer falls to perform thi,;Contract Within the time ,;pecified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained
ill' cr for tile account of Seller as agreed upon liquidated damages, consideration for tile execution of tllis Contract and in full settlement of any c1aimsi whereupon, Buyer and Seller
Sll<J!1 be relieved of all obligations under Contract; or Seller, at Seller's option, may proCeed in' equity to enforce Seller's rigllts under Illis Contract. If, for any reason otller tllan failure
of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform tills Contract, the Buyer may seek specific performance or elect to receive
the return of Buyer's deposit(s) wltllout tllereby waiving any action for damages resulting from Seller's breach.
r. CONTRACT NOT RECORDABLE; PERSONS BOUND: NOTICE: t~eitller tllis Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and
inure to the benelit of the parties and tlleir successors in interest. Whenever the context permits, singular shall include piural and one gender shall include all. Notice given by or
10 tile attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject
,)nly to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be translerred by an absolute bill of sale with warranty
.Jf title, subject only to such matters as may be otherwise provided for herein,
V. OTHER AGREEMENTS: No prior or present agreements or representations sllall be binding upon Buyer or Seller unless included in this Contract. No modificatio.n or change in
this C,}ntract sh;jll 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 that there are no lacts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which
11ave not been d;sclosed to Buyer.
~.
I
I
(:n~""~!'1\1t 1?R.:.~ f--"I. ;""':'l ::-~'-'''';''':-'_ '~.'l~ :'lrY'" T;1,::' :="V;~"
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
FROM:
RE:
Cynthia E, Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~/
City's purchase of McMullen Booth Road park property
from Copenhaver, Pidala and Pinnacle Enterprises
DATE:
February lr 1993
As a follow-up to my memorandum of December 29, 1992, enclosed are the
title in~urance policy, original warranty deed, copy of warranty deedsdated 3-25-
60t7a~a~the property survey,
MAG:jmp
Enclosures
RECEIVED
FEB 0 2 1993
CITY CLERK
BY SElLER ot :~:~~~~~~~'~:~Sg:~l:t.NDWHITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
ROGER D. COPENHAVER and FRANK A. PIDAtA
Seller o~ Owner-Borrower
SW 1/4 of NW 1/4 Section 21, Townshlp 28 S, Range 16 East
-~ ---- - --- - -- - - - - ------- - ----
Contractor (if new constrlletion)
Purchaser
personally known to me to be the peTson whose name is subscribed hereto, and lJpOIl his oath drposcs alld says:
I, the seller, owner-borrower, and/or contractor, represent to till' purchaser and /01' Iendcr in this transaction
that to my knowledge there are:
I. No unpaid debts for plumbing fixtures, water heaters, floor funl'lccs, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statclllcnl, security agreement or otherwise except the
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
--..-------.--.---------.------------.---------.-. ..-.--,-..----.- -...-..----.-...--------..------...--
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR
--------~/.~
f~__~~_~: '_ ...~
Approximate Amount
. . ,/'~ 1fi~)
3. All labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been fully paid and satisfied, except: (If rwne, so state.)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount
~/7"'V1L. -)
/
,
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITORt SUPPLIER OF
LABOR OR MA TERIALS Approximate Amount
5. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABORt SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th"t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PA Y ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and / or lender in this transaction are relying on the representation contained herein in purchasing
same or Ie ng mon y reon a d would not purchase same or lend money thereon unless said representations were made.
day of
DECEMBER
92
, 19 --.:..- .
/,~~~.~t!~
Notary Public in and for PINEL LAS County, FLORIDA
NOTARY runuc, STAT/<: OF FLORmA.
MY cor,1~nssrni" i~~~I'mFS: Oel. 7, 19%.
My Commis~'Ri'WEex~ferg!:iAKt rUIJLlC urWElnlll.IIFn~
Rev, 1/88
NOTE: This form i~ to ~ signed hy seller in case of sale. tr no sale. it i~ to be signt'd b~ the owner-hortower. If Ihere is Bny nt'w conslruclil,n. the conlractor must also join in this (orm
or siRn a separate one.
.1) Uk:: HU t:n IN l~i:JigOi'UU .1
BY SELLEB OR BOAROWEf1 It-I HIS OWN HANOW1H IIN(-.:
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
PINNACLE ENTERPRISES
Seller or Owner-Borrower
SW 1/4 of NW 1/4 of Section 21, Twn 28 S, Range 16 E
-,----------_._-_.--~--
Contractor (if new construction)
Purchaser
personally known to me to be the person whose name is subscribed hereto, and npon his ofllh depo~;e~ and says:
------------~------_.._-._--.._,--.-----._,._---_.
I, the seller, owner-horrower, ami / or t::ontractor, Tcpresent to tbe pHrchaser and / or Icnder ill this transaction
that to my knowledge there are:
I. No unpaid debts for plumhing fixtures, water heaters, floor furnaces, air conditioners, radio or television an,
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, e1ectTic appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time p"ymcnt contracts, and there "n' no security
interests on such property secured by a financing statement, security agreement or otherwise except tbe
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY
Approximate Amount
----/-b~-----~--
-fiH/lL-~4::--
../
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR
;;;;a., ?ii
3. All labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been fully paid and satisfied, except: (If none, so state.)
NAME AND ADDRESS OF SUPPUER OF LABOR, Sf;RVICES OR MA l~~J~_I.~_____ _ .:;g;;;;a_tiii..-~___
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MA TERIALS Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABORt SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th".t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND AITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or lending money thereon and would not purchase same or lend money thereon unless said representations were made.
PINNA ENTERP SES
.',.... I c:.f
Iv.'- day of
DECEMBER H.. 92
MiKELL L, ST. CERM:iUN"
Notli" :.'llbllc, State of Florida
l!o1y...cmfim. expires Sept. 24, 1996
My Commission Expires: Corom. N9' AA 594585
Rev. 1/88
NOTE: Thi, form i,.o he ,iBn<d hy ,eller in c...Ml~k~olr.t'e~Trs ~~~~J~ owner-borrower. If .here is any new con'truction. .he contractor mu.. al,ojoin in thi, form
or Sill" a Kpuate ont'.
ORDER NO:
92100064
I
I
NON-FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR
--------------------------------------------------
1. Section 1445 of the Internal Revenue Code provides that a
transferee of a United States real property interest must
withhold tax if the transferor is a foreign person.
20 In order to inform the transferee that withholding of tax is not
required upon the disposition by ROGER D. COPENHAVER and FRANK A.
PIDALA of the United States real property described as follows:
A PARCEL OF LAND 104 FT X 316 FT
BEGIN AT THE SE CORNER OF SE 1/4 OF NW 1/4 OF SECT 21, TWP 28 S,
RANGE 16 EAST
the undersigned transferor certifies and declares by means of
this certification, the following:
(a) I (We) am (are) not non-resident alien(s) for purposes of United
States income taxations and,
(b) My United States taxpayer identifying number(s) (Social Security)
is(are):
NAME SOCIAL SECURITY NUMBER
ROGER Do COPENHAVER
FRANK Ao PIDALA
LP # v~ /...5/--<. Jj~~ .
# 1./ ~5"-70-'LOPS
(c) My home address is
(attached additional page if necessary)
(d) There are no other persons who have an ownership interest in the
above-described property other than those persons set forth above
in subparagraph (b)o
3. The undersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the above described property
intends to rely on the foregoing representations in connection
with the united States Foreign Investment in Real Property Acto
(94 Statute 2682 as amended),
(b) I (we) understand this certification may be disclosed to the Internal
Revenue Service by transferee and that any false statement contained
in this certification may be punished by fine, imprisonment or both,
Under penalties of perjury I (we) declare I (we) have examined carefully
this certification and it is true, correct and complete 0
Date: December 18, 1992
L/A..LLI4.JV~. ~~(1~
~~
LV /lh
l/WlT ~
(This document must be retained until the end of the fifth taxable
year following the taxable year in which the transfer takes place).
CONSULT YOUR ATTORNEY AND/OR TAX ADVISOR - NO REPRESENTATION OR
RECOMMENDATION IS MADE BY STEWART TITLE INSURANCE COMPANY AND/OR
CONCERNING THE LEGAL
SUFFICIENCY AND/OR TAX CONSEQUENCES OF THIS DOCUMENT. YOU MAY BE
REQUIRED TO FILE A COPY OF THIS DOCUMENT WITH THE INTERNAL REVENUE
SERVICE 0 THESE ARE QUESTIONS FOR YOUR ATTORNEY OR TAX ADVISOR.
,
STATE OF FLORIDA
COUNTY OF PINELLAS
My Commission Expires:
1.(0
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EX1'JIlES: Oct. 7, 1995.
JlONDElI TIll!lI NOTARY J'UllLlC UNDERWRITERS.
)
(: IIAk'
f:J r
\,' ,
~
/
92100064
I
I
Ol<lJER NO:
NON-FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR
--------------------------------------------------
10 Section 1445 of the Internal Revenue Code provides that a
transferee of a United States real property interest must
withhold tax if the transferor is a foreign person.
20 In order to inform the transferee that withholding of tax is not
required upon the disposition by of the United states real
property described as follows:
A PARCEL OF LAND 104 FT X 316 FT
BEGIN AT THE SE CORNER OF SE 1/4 OF NW 1/4 OF SECT 21, TWP 28 S,
RANGE 16 EAST
the undersigned transferor certifies and declares by means of
this certification, the following:
(a) I (We) am (are) not non-resident alien(s) for purposes of United
States income taxations and,
(b) My United States taxpayer identifying number(s) (Social Security)
is(are) :
NAME
PINNACLE ENTERPRISES
SOgAL SECUR.XT. _Y Jf~B~~
# 59 -015 ()~) 7:)~)
(c) My home address is
(attached additional page if necessary)
(d) There are no other persons who have an ownership interest in the
above-described property other than those persons set forth above
in subparagraph (b).
3. The undersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the above described property
intends to rely on the foregoing representations in connection
with the United States Foreign Investment in Real Property Act,
(94 Statute 2682 as amended) 0
(b) I (we) understand this certification may be disclosed to the Internal
Revenue Service by transferee and that any false statement contained
in this certification may be punished by fine, imprisonment or both.
Under penalties of perjury I (we) declare I (we) have examined carefully
this certification and it is true, correct and completeo
...
-/ .~ <<./
WIT. NE _ \.. (J < MIKELL L. ST. GERMAIN BY
/~?l). .~
--WIT SS
(This document must be retained until the end of the fifth taxable
year following the taxable year in which the transfer takes place) 0
CONSULT YOUR ATTORNEY AND/OR TAX ADVISOR - NO REPRESENTATION OR
RECOMMENDATION IS MADE BY STEWART TITLE INSURANCE COMPANY AND/OR
CONCERNING THE LEGAL
SUFFICIENCY AND/OR TAX CONSEQUENCES OF THIS DOCUMENT 0 YOU MAY BE
REQUIRED TO FILE A COPY OF THIS DOCUMENT WITH THE INTERNAL REVENUE
SERVICE 0 THESE ARE QUESTIONS FOR YOUR ATTORNEY OR TAX ADVISOR,
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowled
December, 1992, by, who has produced
identification and who did take an oat
21st
me this ~ day of
as
My Commission Expires: ~
MIKELL L. ST, GERMAIN
.l~p~Ary ~~~Cl. s.tate of F)ori~~n
tAl ~~..nun. ~.. Sept. 24, 1996
~,.. .A.A 59458.$
~' h ~ ,1 "I .>I"! lJ'..- ..
~ r' . ! \'WI .
ORDER NO:
9210014
I
D I S C LOS U R E
We, the Owners/Purchasers of that certain real property
located at: A PARCEL OF LAND 104 FT X 316,
PINELLAS County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property,
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially affect the value or
desirability of said property, except as set forth above, I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and
any prospective buyer.
v '4r~~~
ROG ER D.___... " 0 H~r-/ ~__. Jl /
"~'1/~ R~e<
K A. PIDALA
L..c;;f1u~~.1(! ~~
W....2~
" ~IM
WI NESS
WITNESS
WITNESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 18th day
of December, 1992, by ROGER Do COPENHAVER and FRANK A, PIDALA, who
has produced & .A.~u~ ~~.-<t7' as identification and who did
take an oath. ' --6J ~
STATE OF FLORIDA
COUNTY OF PINELLAS
~/ ...~~. ht~ ~~
/ NOTARY PUBLIC f' (
Expires :N~RY PUBLIC, STATE OF FJ.(l!HIJA. / . (
MY COMMWSION EXPIRES: Ocl. 7, 1995.
BONDED TIIRU NOTARV PVBLlC UNDERWRITERS. /\ ( (I
/-J
/
My Commission
The foregoing instrument was acknowledged before me this 18th day
of December, 1992, by, who has produced as
identification and who did take an oath,
NOTARY PUBLIC
My Commission Expires:
ORDER NO:
92100014
I
D I S C LOS U R E
We, the Owners/Purchasers of that certain real property
located at: A PARCEL OF LAND 104 FT X 316,
PINELLAS County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property.
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially affect the value or
desirability of said property, except as set forth above, I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer 0
LJ1Z.' ftd~ -
c//' ,pO P/2md-l/~
WITN SS ~. 'J
/*Jf'.J tulJ~.
WITNESS
WITNESS
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument
of December, 1992, by
PINNACLE ENTERPRISES, who has produc
identification and who did take an 0
21st
was acknowledged before me this ~HK day
, as of
STATE OF FLORIDA
COUNTY OF PINELLAS
(h
Y PUB
MIKELL L, ST, ERMAIN
Notary Publie, State of Florida
JIIy comm. expires Sept. 24, 1996
Comm. No. AA 594585
My Commission Expires :///
The foregoing instrument was acknowledged before me this 18th day
of December, 1992, by, who has produced as
identification and who did take an oatho
NOTARY PUBLIC
My Commission Expires: .
I
I
AUTHORIZATION AND ACKNOWLEDGEMENT FORM
DATE: December 18, 1992
FILE NO.: 92100064
LEGAL:
A PARCEL OF LAND 104 FT X 316 FT
BEGIN AT THE SE CORNER OF SE 1/4 OF NW 1/4 OF SECT 21, TWP 28
RANGE 16 EAST
SELLER:
PINNACLE ENTERPRISES and ROGER D. COPENHAVERand FRANK A. PIDAlA
BUYER:
CITY OF CLEARWATER
We hereby approve and acknowledge receipt of a copy of the
Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD
FORM 1) and authorized disbursement of funds as shown therein this
18th day of December, 1992. We further acknowledge that we
understand utility bills are not included in this statement and
that the proration of taxes as shown in the statement of actual
cost is based on the latest information available. If any changes
are to be made in this proration when the tax bill is received,
it will be handled between the parties of this transactiono
Stewart Title Company of Clearwater, Inc" will not be held
responsible. It is further understood that Stewart Title Company
of Clearwater, Inco, cannot, at this time, assertain if there
will be personal property tax on subject property or an amount
on which to base a proration. Any proration necessary when tax
bills become available will be handled between the parties to
this transaction, outside of Stewart Title Company of Clearwater,
Inc. Stewart Title of Clearwater will not be held responsible,
THAT ALL UTILITY BILLS (WATER, SEWER, ELECTRIC, MAINTENANCE FEES)
HAVE BEEN PAID OR WILL BE PAID UPON RECEIPT OF FINAL BILLSo
v/ ~? I ftl;
INITIALS INITIALS
SELLER'S BUYER'S
,/
CITY OF CLEARWATER
/
~
'....."
L-
Ao PIDAlA
HOME PHONE#
SELLER'S FORWARDING ADDRESS:
/1.4 (j;~I-.1I d/
C~~4ff~ H. 3%/C
\.. 1\, I ( 1
. #&'" 7/25
BUYER'S FORWARDING ADDRESS:
'-
HOME PHONE#.
WORK PHONE# /
t
THIS IS TO FURTHER AUTHORIZE
APPROVE ANY CHANGES NECESSARY
WORK PHONE# /'
,
TO
TO THE CLOSING STATEMENT 0
STE~ARt TITLE
, / '
'-' "I
BY: / : /;/.1'_1
I
\.
OF CLEARWATER, INCo
- 'I
-,\ / ' 1;,/ _ ,
) , t/~' I )"u ~J
~ /\.../ l '~,~ -e. ,-'-..
.-// -
ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
1
I
-(,
.4.,",,_ .
-- -- -- -- -- -- -- --
POLICY OF TITLE INSURANCE ISSUED BY
92100064
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM C~~eRAGE, THE EXcePTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND ~ll~PULATIONS, ST~WART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures,i,j; 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.
defense of the title, as insured, but only
3. Unmarketability of the title;
4. Lack of a right of access to and fr()~ th
The Company will also pay the costs, af!1;orri
to the extent provided in the Conditions and StiP4Jlations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
Company
City, State
EXCWSIONs FROM COVERAGE
The following matters are expressly excluded from the coveroge!lf thispolj~al)djr!l 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 (incl~t.li~jte<lloibuilding and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or >/ifthe mndl',(ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or CJ ngt 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\encumbrqnferesulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Poli~. ..!II,'!,'" .W!!,:.,
(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 for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate Of interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
Page 1 of
~~:I~rNo. 0-2111- 029421
,(~I~
~l~..)~
tl . h
~'~"
. ~ c::,. ~ c~,., c:;,. "",;? c,~ ...:_ ~ c;~ .':0
, " , , , , , :' ~ '!~r!~
211 (Rev, 4-6-90)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (d) In 011 cases where this policy permits or requires the Company tOlrose-
The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insure sholl
(0) "insured": the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or ~rovide defense in the action
or defenses the Company would hove hod against the named insured, those who or proceeding, and 011 appeals therein, and permit the Company to use, at its
succeed to the interest of the named insured by operation of low os distinguished option, the nome of the insured for this purpose. Whenever requested by the
from purchase including, but not .limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, sholl give the Company 011
personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit.
(b) "insured claimant": on insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle-
(c) "knowledge" or "known": actual knowledge, not constructive knowledge ment, and (ii) in any other lawful oct which in the opinion of the Company may
or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest os insured.
defined in this palicy or any other records which import constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required
matters affecting the land. cooperation, the Company's obligations to the insured under the policy sholl ter-
(d) "land": the land described or referred to in Schedule A, and im~rove- minate, including any liability or obligation to defend, prosecute, or continue any
ments affixed thereto which by low constitute real property. The term' land" litigation, with regard to the matter or matters requiring such cooperation.
does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE.
to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi.
streets, roods, avenues, alleys, lones, ways or waterways, but nothing herein sholl tions and Stipulations hove been provided the Company, 0 proof of loss or dam-
modify or limit the extent. to which 0 right of access to and from the land is age signed and sworn to by the insured claimant sholl be furnished to the Com-
insured by this policy,: pony within 90 days after the insured claimant sholl ascertain the facts giving rise
(e) 'mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damage sholl describe the defect in,
instrument. or lien or encumbrance on the title, or other matter insured against by this policy
(f) "public records": records established under state statutes at Dote of Pol- which constitutes the basis of loss or damage and shall state, to the extent possi-
icy for the purpose of importing constructive notice of matters relating to real ble, the basis of calculating the amount of the loss ar damage. If the Company is
property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of
1 (a)(iv) of the Exclusions From Coverage, "public records" sholl also include loss or damage, the Company's obligations to the insured under the policy sholl
environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue
district court for the district in which the land is located. any litigation, with regard to the matter or matters requiring such proof of loss or
(g) "unmarketability of the title": on alleged or apparent matter affecting damage.
the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to
o purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and
the obligation to purchase by virtue of a contractual condition requiring the sholl produce for examination, inspection and copying, at such reasonable times
delivery of marketable title. and places os may be designated by any authorized representative of the Com-
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pany, 011 records, books, ledgers, checks, correspondence and memoranda,
The coverage of this policy shall continue in force os of Dote of Policy in whether bearing a dote before or after Dote of Policy, which reasonably pertain
favor of an insured only so long os the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of
land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any
a purchaser from the insured, or only so long as the insured sholl hove liability by authorized representative of the Company to examine, inspect and copy 011
reason of covenants of warranty mode by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody
once of the estate or interest. This policy sholl not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All
any purchaser from the insured of either (i) on estate or interest in the land, or (ii) information designated os confidential by the insured claimant provided to the
on indebtedness secured by 0 purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the
The insured sholl notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro'
litigation os set forth in Section 4(0) below, (ii) in case knowledge sholl come to duce other reasonably requested information or grant permission to secure rea-
on insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties os required in this paragraph
to the estate or interest, os insured, and which might couse loss or damage for sholl terminate any liability of the Company under this policy os to that claim.
which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
estate or interest, os insured, is rejected os unmarketable. If prompt notice sholl LIABILITY.
not be given to the Company, then os to the insured 011 liability .of the Company In case of 0 claim under this policy, the Company sholl hove the following
sholl terminate with regard to the matter or matters for which prompt notice is additional options:
required; provided, however, that failure to notify the Company sholl in no case (0) To Payor Tender Payment of the Amount of Insurance.
prejudice the rights of any insured under this policy unless the Company sholl be To payor tender payment of the amount of insurance under this policy
prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or
CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay.
(0) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option, 011 liability and obligations
in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, sholl
and without unreasonable delay, sholl provide for the defense of on insured in terminate, including any liability or obligation to defend, prosecute, or continue
litigation in which any third party asserts 0 claim adverse to the title or interest os any litigation, and the policy sholl be surrendered to the Company for
insured, but only os to those stated causes of action alleging 0 defect, lien or cancellation.
encumbrance or other matter insured against by this policy. The Company sholl (b) To Payor Otherwise Settle With Parties Other than the Insured or
hove the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant.
object for reasonable couse) to represent the insured os to those stated causes of (i) to payor otherwise settle with other parties for or in the nome of on
action and sholl not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any
The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were
the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company
this policy. is obligated to pay; or
(b) The Company sholl hove the right, at its own cost, to institute and prose- (ii) to payor otherwise settle with the insured claimant the loss or dam-
cute any action or proceeding or to do any other oct which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and
necessary or desirable to establish the title to the estate or interest, os insured, or expenses incurred by the insured claimant which were authorized by the Com-
to prevent or reduce loss or damage to the insured. The Company may toke any pony up to the time of payment and which the Company is obligated to pay.
appropriate action under the terms of this policy, whether or not it sholl be liable Upon the exercise by the Company of either of the options provided for in
hereunder, and sholl not thereby concede liability or waive any provision of this paragraphs Ib)(i) or (ii), the Company's obligations to the insured under this pol-
policy. If the Company sholl exercise its rights under this paragraph, it sholl do so icy for the c aimed loss or damage, other than the payments required to be
diligently. made, shall terminate, including any liability or obligation to defend, prosecute
(c) Whenever the Company sholl hove brought on action or interposed 0 or continue any litiQation.
defense os required or permitted by the provisions of this policy, the Company 7. DETERMINATION, EXTENT OF LIABILITY.
may pursue any litigation to final determination by 0 court of competent iurisdic- This ~olicy is 0 contract of inde.mnity agai~st actual monetary loss or dam-
tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or Incurred by t~e Insured ~Ialmant ~ho h.as suffered loss or
adverse judgment or order. damage by reason of matters Insured against by thiS policy and only to the
,. ) extent herein described., .'. '
(continued and concluded on last page of this policy)
AL TA OWNER'S POLICY
".
)
I
.._-~-
mls
SCHEDULE A
Order No,: 92100064
Date of Policy: December 21, 1992
1. Name of Insured: CITY OF CLEARWATER, FLORIDA
Policy No.:
0-2111-29421
Amount of Insurance: $79,530.00
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
Begin at the Southeast corner of the SW 1/4 of the NW 1/4 of
Section 21, Township 28 South, Range 16 East, for P.O.B.; thence
N. 0 deg. 02' 41" West along the 40 acre line, a distance of
104.0 feet, thence N. 89 deg. 24' 39" West, 416.0 feet; thence
S. 0 deg. 02' 41" East, 104.0 feet; thence S. 89 deg. 24' 39"
East, along the 40 acre line, a distance of 416.0 feet to the
P.O.B. Subject to easement over and across the Northerly portion
of said description as granted in O.R. Book 943, Page 368 for
ingress and egress, Public Records of Pinellas County, Florida.
LESS AND EXCEPT the easterly 100.0 feet as deeded to PINELLAS
COUNTY and as described in Deeds recorded in O.R. Book 4133,
Page 1772 and in O.R. Book 7890, Pages 663 through 665, all of
the Public Records of Pinellas County, Florida.
STEWART TITLE
0012
Page 2
GUARANTY COMPANY
delete 1.
2.
delete 3.
delete 4.
5..
6.
2113
AL TA OWNER'S POLICY
Order No.
92100064
)
1
~ .~
SCHEDULE B
Policy No.: 0-2111-29421
This policy does not insure against loss or damage by reason of the following:
~}QX~~]5J{K~KSt~M~~~}{Ml!}tKHK~X~
Easements, or claims of easements, not shown by the public records.
~~~~~KMK~KlCKKKK1iKKycXiXi~~~~XK***~i~~KKXiiKKftKHi~XcliXK~~~
~KK~~KKK
1XOC~~XM:K)f~~XKX~~~~~~XM:K~K~X~K~
i~~~K1i}OOi~KK~
Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Taxes for the year 19 93 and thereafter.
8. Subject to easement for ingress and egress over and across the
Northeasterly nine (9) feet as recorded in O.R. Book 943, Page
368 of the Public Records of Pinellas County, Florida.
9. Subject to easement for ingress and egress over and across the
Northerly ten (10) feet as recorded in O.R. Book 1967, Page 541
of the Public Records of Pinellas County, Florida.
Page 3
STEWART TITLE
GUARANTY COMPANY
-
_ ";'~_".-___ :- -- -, _,._-z~.__
"--: --
.-,'
......~. ~, ..'.... ,.
~
IONDITIONS AND STIPULATIONS Continued)
(cont'nued and concluded from reverse side of Policy ace)
~(
(0) The liability of the Company under this policy shall not exceed the
least 01:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest
os insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(.12.) (This paraqraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of the Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which ore
not used os 0 single site, and 0 loss is established affecting one or more of the
parcels but not 011, the loss sholl be computed and settled on 0 pro rota basis os
if the amount of insurance under this policy was divided pro rota os to the value
on Dote of Policy of each separate parcel to the whole, exclusive of any
improvements mode subsequent to Dote of Policy, unless a liability or value has
otherwise been agreed upon os to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by on express statement or by
on endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(0) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lock of 0 right of access to or from the land, or
cures the claim of unmarketability of title, 011 os insured, in 0 reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it sholl hove fully performed its obligations with respect to that matter
and sholl 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 sholl hove no liability for loss or damage
until there has been 0 final determination by 0 court of competent jurisdiction,
and disposition of 011 appeals therefrom, adverse to the title os insured.
(c) The Company sholl not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, sholl reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
sholl be reduced by any amount the Company may pay under any policy insuring
o mortgage to which exception is token in Schedule B or to which the insured
has agreed, assumed, or token subject, or which is hereafter executed by on
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid sholl be deemed 0 payment
under this policy to the insured owner.
12. PAYMENT OF LOSS.
(0) No payment sholl be mode without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction sholl be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
sholl be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(0) The Company's Right of Subrogation.
Whenever the Company shall hove settled and paid 0 claim under this pol-
icy, 011 right of subrogation sholl vest in the Company unaffected by any act of
the insured claimant.
The Company sholl be subrogated to and be entitled to 011 rights and reme-
dies which the insured claimant would hove hod against any person or property
in respect to the claim hod this policy not been issued. If requested by the Com.
pany, the insured claimant sholl transfer to the Company 011 rights and remedies
against any person or property necessary in order to perfect this right of subro.
gation. The insured claimant sholl permit the Company to sue, compromise or
settle in the nome of the insured claimant and to use the nome of the insured
claimant in any transaction or litigation involving these rights or remedies.
If 0 payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, os stated above,
that oct sholl not void this policy, but the Company, in that event, sholl be
required tOlay only that part of any losses insured against by this policy which
sholl excee the amount, if any, lost to the Company by reason of the impair-
ment 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 sholl exist
and sholl include, without limitation, the rights of the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea-
son of this policy.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
once Arbitration Rules of the American Arbitration Association may be demanded
if aqreed to by both the Company and the insured. Arbitrable matters may
include, but ore not limited to, any controversy or claim between the Company
and the insured arisinq out of or relQtinq to this policy, any service of the
Company in connection with its issuance or the breach of 0 policy provision or
other obliqation. Arbitration pursuant to this policy and under the Rules in effect
on the dote the demand for arbitration is mad. or, at the option of the insured,
the Rules in effect at Dote of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to 0 prevailinq party. Judqment
upon the award rendered by the Arbitrator(s) may be entered in any court
havinq iurisdiction thereof.
The low of the situs of the land sholl apply to on 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.
(0) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed os
o whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy con be mode except by
o writing endorsed hereon or attached hereto signed by either the President, 0
Vice President, the Secretary, on Assistant Secretory, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable low, the policy shall be deemed not to include that provision and 011
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
AS BEING
SYNONYMOUS WITH
SAFETY
,~~ -- -- -- --- --- -- --- -- --
-- - -+- -- --- - -- -- ---
S'(l nCl i 1)--' of ('onr rau
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
-- -- +-- -- -- -- -- ---
--------+-
POLICY
OF
TITLE
INSURANCE
.......------------
!I
II
,I
q 0 ~ !j
,0 r:..;1
,0.
~. ,
~.~.,.
::,~
~ I~ .
::claM 1104
2().i'()3BB TUT.U.. ...,l1't..... ..."', O".tel I
W'O.'~ ~..O-"._ "_'I Lt T__,~ 1m :I41
lhig lIMtmurt1
~,..., -.. ...-I ~. fAIt '- .....,.,. aAt8lJ iM~ tAw A..oi,.., ~ .................
;'::;:=~-'u:.".=r.;:: ;:';: ~;:.,.~:~ ;-;.~;:.:;:'= 7::::::
~:.~;';":_~r... "'.if""". ..,..."".... .......... ..\eU__~~Uw-'-~.u........,t/_
,'(ad" (hi..,
Between
i '7 C~ day of July
....r"a H. Strickland, ;\ ..i '.iJM'
.11. D. 1964
OJ! Ihl' ('('(UI!/1../ Pi"..!1as
pu.,Tt!! 0/ t'i~1' ,{rst.. pll.rf, and Jolin
't'JI1t'.).i Il'J,j.-r:"-""J's: bu. !i"AO-O
in the Slale of Florida
\1:. Adams and Linda l. Adams. his
trr<r"li- 2. c!k,,~ wAr.- 6>
J J ~"' ,
in the State of Florida
wi f~ .
uJ' Ii,f: CCllrl!,'I"'1 l'illcl1as
i'nrh,l "f tlU:.;'J:;o>'/.rl ,Dart,
"': i trwI'l,,(>th that the said pa,~y of the first part, for and in consideration of
Ii", .'''..''1 CJfT,." O';lf3t"s [, ot::~r good and valuab11' considera~ions - _ _ _ __~
to h nil in ha."d "11 id Q!J the said party of the second part, the receipt whereof is hereby
nd'-Ilf)w{.::rl[jed, h(l.~ !!.rfl.nted, bart[ained and .wid tc the said paroJ of the secund part
hi~ hdr., (lnti fl.,SI:!!IIS /;,rpl'rr, thl' follo1l"in/1 dr.~crib('ri land, sillLalr lyint and lJl'int in
Ule CO/tnty ,;} ? i ",,1101 S . , State of
i"lnritil7., t" 1/:/ t:
ll('l;i~r:inC) ,It thr cCluthpast cot"npr of thE! S.?i.!~ ofthp N.~..\4 of Section 21,
Townshlp 2U, Sc~th.Rangp 1b East, fot" p.1.a. Thpncp ~ 002'41" Nl'st along
tnI' fot"ty-<lct"e 1 in.. a di stance of 104 ft.. th,,"cp :-;. IJ9024 '39" "'~st 41b ft.,
thence 5.0"2'41" East 104 ft.. thf'ncp S. 09024 '39- East along thl' fot"ty-ect"l'
linc a dist:lncl' oi 41b ft. to thp P."l.5. Suojpct to a :30' Right of l','ay on
th... ('ast sjriE'; also subject tC'l ;\ 10' paSPIllP."t on thp :';ortll sidE' fot" ingt"l'ss
and Pgt"J:ss.
~; ?:
~ :.c=
C- o. ....
c: ~-~
r-
..J'~
..... --,;- "zJ
-:-m
..'i'n
...:..,0
r .;~
.&: "":lm
--:. ...0
:x
0"'1 .:
~ -
~ ~l
~ I A I t: c~ ,.... L (j i-.! I LJ A
~':c~MEr~~?:tc.pT~~-:P iA;i
~ :;~: 7'\4 (::i~!f:~;\-.' ~. ~
, '''"=:.~C;;'. ~ .. .::~,7" - 3 0 0:.::
r.F. ..' -~':;,:7~::-' _: ~
And the said party of the first part does hereby tully warrant the title to said land,
and will defend the same allainst tluJ lawful claims of all persons whomsoever.
In Witness Whereof. the said party of the first part has hereuntc set his
hand and seal the day and year first above written.
S}itdi'i2if-
ii~;~ ;i '__
I
'iLLIJL:k_A.S-f~iiJ/n( { e
=~ --~-~-~-~=I
--e
State of Florida,
Coun.}" of Plnellas
I HEREBY CERTIFY, That on this day personally appearefl before
o/licer duly authori-:ed to administer Ollths fl,nd take acknou'ledements,
me, an
Vt>rna H. Stdckland. a wicbw 0
to m~ well knoicn. and known to me to be the indiuidlw! desc,ibed '.[~'.4nd who
executed the !or!!toilt~ deed, and she acknowledted ~/o~e me't.hat
sh~ executed the .~(1.11//'. {rt'ely and voluntarily (or the plupose., th,rei.1i..czpreued...
WITNESS my hand awl o/flcial .,eal at .. .
County of Pinf'lla s . and State of Florida, this :: 17 'CL. -
day of July , .'1. D. 1964
My Commiuion E.J;pir~$ ');/ <. (!.j -' ~ ~. U-n, AiA .
Notary Public. Stata.ol Florid.. at La~a XotorlJ Public ~
Mv Comm.ss:on Ull'les Feb. 19, 1965 ."
Bonaed llY. Ametian Suraty eo. of N. Y.
I
".'
F
t
~
,
t
lit
i>.
f
,.
!'
t
,
f.
~
t.
i:
~
f
~
t
~.
I
t
f
..'
I
r
t
I
~,'
f.
~.
l:;
..&:
-- /
...,~
'~..:;1 i -..... .....-n- p .-
j~; u m-hig
o( the Countv o( <'1 n~lla:3 ' in the Stat" of Florida, .
rtyoftMfl~tlJOJ't ",nd. .... T. ~alf?cr an1.,q1cc Balfour. h~s "'!i.fe, .,
1Xts an estate 'bv the P.l"Itlr"!I;;;>,.;, '.'/:10:le r.lall1n.::: address lS (t. L D.......
t.;le.1l"Woter, . ,;1, " ~-.2.1
01 the Countl/ of PinpJ. la S in the State 01 ~lcll"i.da,
~ UuI ,1JCOnd. part,
. Witnesseth that tM saiel party of tM first part, fo1' and. in C07Uidm-atWn of
tM ,um of 'ren Ool~ars an i other valuablF. considerati"Tls------,<a.7'8
to him in hand. paid. fry eM ,aid party of the second. part, tM receipt whereof is herebY
adcn.owledJed, luu Jranted, bargained and sold to tM ,aiel party of the second part
forever, tM fol.loU1int de8cribed land, situate, 19inJ and beinJ in tM County of
Pinella s. stau of Florido. to wit:
Beginning at tha sollth':'es~ corner of the south'..,est. quarter (~,<.) of
the nort.hwe:;t cuartp.r t;.;' ) of section t~'!enty-one (21), unmship
twenty-~il.7ht so\:th (205). Ra:1gc ~i,( :,~i'n (lo) i;ast, run thence '.orth
alont! the C1l1art",r section line 312 feet. run t.hence east parall!?l
.to the uOl1l..il cuart=!" sect ;c.p l.;ne 691 f~~t, r"n t:lcnce s0111..11 31? fep. ,
run thencp Pest 691 fe"t to ti'p rnin t. or her-inning.
I .
. ft.n e3se:nent is her"!:'y ~rant""d to the partie.~ 01 the secona part
....., and their heirs an:! as"j p-'ns over t...~ north t"lenty (20) fe(:t 01" the
south one hunolre; fiftf!fo!n (115) fect of the south half 3!) of t;he
... :_. south hall (:;;{) of the SOllt!I'.tPst ouart..,r (~'1,r~) of the North\"~:it
. . :uart~r (t-'T1r\) of .)ecticHl 21, 'l'l"JIofnship 215 South, :\anp:e 10 East;
subjpct .to el'lsellP nt nf th"! !'lor i:1:1 ?o\f!er (;orporatiC'.~ "vel' th!? north
~,.,.,,,,.~ten (10) feet tr.erteof for the !"Ur-posP of inr.r'!:;:; ard eo>;r'ess, ~airl
easel"Pnt tn be kE.>)'t. o')"!:"! at all ti!!:e::;.
. to
III
:r::
...
I'
~
<:)
C)
~
1j~:943~l6s
.---. ... ...... .. -- ...... ..... ... .. ..... --' ~
==..~-:.=r-..1.e~=:.r~ :~':=='==
-.M ,.,.,.; .... .,..... MIl.... ..__- ...... .............. __............. if __
--
.KocU.. thU
Between
25th day 01
Verna H. Stricklan.;.
j.tarch
a ldd m... ,
.1. D. 19 60
,.
_Or.
l~ ~
t.:
i'his conc"-1.n'':1l is 'lad,? ~;11\'j"ct to t~y.<::<: S11hse<"up.nt to t ~le
Yflar 195<;.
Toe;ether with all the t87UJmenu, heredita7lUnu and appu.rte7UJn.cu, with
every pnvuete, ritht,. title, inurut and utau, r8Ver,&o7l., remainde1' and eGlemfmt
tMreto belonti7l.t 01' i71. Gnywiae appertainmt:
.And. t1uJ ,ai.d. party of tM fint part does hereby fuUy U1a71"CUI.t UuI title to said lD.rul,
and, wiU defend. th8 8ame a.stai7Ut th8 lautful claims of aU pen07U Who77Uoe7Je1'.
In Witness Whereof.. eM,ai.d. party of th8 flnt part Juu hereun,to set ki8
hand. and, sea/, tM da;g a.nd year flnt aJxwe written..
SigDed, Sealed lIDd Delivered ill {)or Pr-enc:e: rJ . -, . f ,: .
'-C<'l-7Z . -.('~ '/.L'1,'}') CL ft J ~e
- ._.
..
I
(I) >-
<< ~
-'-
-' -
LU ,;J
z'~
i:i:u
STATE OF FLORlhA
~CUME~D~,STAM~TAX
~:u: -750 -... ~~..~~ ~
~ r.~='.':!,n= 5 0 O~
~...~m:Ju.EA\ ,....~/ g
1'" 1'""~ ~..:..'.:..~.;. .-
State of Florida,
County of ?I N!1..LA~.
I HEREBY CERTIFY, That on this day personally appearetl be/ore
officer duly authorized to administer oaths and take acknou.ledtments,
Verna n. 5tricklan'~, a wido,'" .
me, an
to me well known and known to me to be the individual described in and who
ezecu~ed t.h!!-'.foretoint deed, and acknow1edted belore me that
she.' . .t;teeul<<! the same (,eely and voluntarily/or .~he purposes therein upreued.
. WITNESS'.my. 'hand and official .,eal at :Ju:,,:':?(un
Count1j:ot'-.. l'in.All.1s . and State 01 Florida, this . ~j ~ #
day 01':., -:Hai'c~.. . . .1. D. 19 tIJ.
.My Co~~.'io~ E:rpiru J. ..'-' ./, J 9c: 7,
... .' /
I'" lit"'.'.
~) {.~-z:; ~~~_
Notary Publijl
~
~.
..~
.........
I
1
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
FROM:
RE:
Cynthia E. Goudeau, City Clerk J11
M. A. Galbraith, Jr., City Attorney~
City's purchase of McMullen Booth Road park property
from Copenhaver, Pidala and Pinnacle Enterprises
TO:
DATE:
December 29, 1992
This property purchase was completed on December 18, 1992, and enclosed are the
following documents:
Contract for Purchase and Sale ~~ ~
Settlement Statement
Copy of warranty deed
Cg~y gf Title Commitment # C-9912-847038 issued by Stewart
Title Guaranty Company
Indemnify and affidavit forms signed by Copenhaver and Pidala and
Pinnacle Enterprises
Non-Foreign certification by individual transferor forms signed by
Copenhaver and Pidala and Pinnacle Enterprises
Disclosure forms signed by Copenhaver and Pidala and Pinnacle Enterprises
Authorization and acknowledgment form signed by Copenhaver, Pidala and
Pinnacle Enterprises
I will forward the original warranty deed, title policy and survey when I receive
them.
MAG:jmp
Enclosures
Copy to:
Daniel J. Deignan, Finance Director w/copy of settlement statement
\'1~~
-c!t't
~ ~ \\ " \~~~
~~~ C\.~~~
C\i'<
(.,1 I Hl'I'l) ,
A.
.. ~S. iiEPARTMENfiifjjOUSINGANiiUiiBlfEVElOPMENT--
OMH Nil ;"jO;' (),'IJ~'
~~__.u. _u___..==I_.._~:T!pj}!..~AN__.. .
1.0 FHA 2 [] FMHA 3 0 CONV. UNINS.
4.DVA 5.DCONV.INS.Xti. Cash
~~~B~.;---9 21 ;~-~~I7. ~~~~ER
8 MORTG INS CASE NO
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
("p.o.c.") were paid outside the closing: they are shown here for information purposes and are not included in the totals.
D.NAMEDFBORRDWER~l'l'Y Ul" CLl'.:AKWATl'.:K, l'LORIIJA
r.' '!.
ADDRESSP.O. BOX 4748 CLEARWATER, FL. 34617
E. NAME OF SEllER: PINNACLE I::NTERPRISl'.:S, a Florida general partnership
R<X;ER D. mPJRlAYm AND nANK A. PIDALA
..-
ADDRESS:
~MEOFLENDE~ASH TKANSACTIUN
SElLER TIN:
ADDRESS:
G. PROPERTYlOCATIONSE CORNER SW 1/4 OF NW 1/4 OF SEC 2r;-TWP 283, RGE I6lr
16E
VACANT LAND
H. SETTLEMENT AGENT:S' d. TItLE 1JF ''T....A~WATER SETTlEMENTAGENTTIN: 59 .1433918
ADDRESS:1290 COURT ST. CLEARWATER, FL 34616
J. SUMMARY OF BORROWER'S TRANSACTION
100. GROSS AMOUNT OUE FROM BORROWER:
I. SETTlEMENT DATE:
Closing date: 12/21/92
_.J56th day/21 days rAllain
K. SUMMARY OF SElLER'S TRANSACTION
400 GROSS AMOUNT OUE TO SELLER:
--
PLACE OF SETTlEMENTSTEWART TITLE OF CLEARWATER
ADDRESS:1290 COURT ST. CLEARWATER, FL 34616
~-
101. Conlract sales priLe
102. Personal properly
103. Selllement charges 10 borrow lime '4001
104.
105
79 , 530 . 00 401 Contract sales price
~02. Personal property
79,530.00
1,187.70403
404
405
Adjustments for items paid by seller in advance:
Adjustments for items paid for seller in advance:
106. Cily /Iown taxes to
107. Counly taxes 10
108. Assessments 10
109 to
110. 10
111.
112
406. Clty!lown taxes 10
407. Counly ta,es to
408 Assessments to
409 10
410 10
411.
412
120 GROSS AMOUNT DUE FROM BORROWER:
80.717.70
420 GROSS AMOUNT DUE TO SELLER::
7Q t;~(l no
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SEllER:
201. Oeposil or earnesl money
202. Principal amount of new loan(s)
203. Existing loan(s) taken subject to
204.
205
206.
207.
208
209
Adjustments for items unpaid by selier:
e
501. Excess depOSit (see inSlructions)
502. Settlement charges 10 seller 11m, 14001
503. existing loanlsllaken sublecl to
504. Payol! ot lirsl morlgage loan
505. Payoft 01 second mortgage loan
210. City ftown taxes 10
211 County ta.es 10
212. Assessmenls to
213. 10
214.
215.
216.
217. ,
218.
219
506
507
508.
509.
Adjustments for items unpaid by seller:
510. Cily'lown laxes 10
511 County tms 01/01/92 to l2 / 21 / 9 2
884.43
512. Assessments
10
to
513
514.
515.
516.
517.
518.
519.
220. TOTAL PAID BY/FOR BORROWER:
300. CASH AT SETTLEMENT FROM/TO BORROWER:
301 Gross amount due from borrower (line 120)
302 Less amounts paid by Ifor borrower (line 220)
(I
520. TOTAL REDUCTION IN AMOUNT DUE SELLER::
600 CASH AT SETTLEMENT TO/FROM SELLER:
601. Gross amount due to seller (line 420)
602. Less total reductions in amount due seller (line 520)
884.4~
-7Q 530.00
RRt1 4~
80.717.70
(I
303. CA~ 10 FROMlllXDI BORROWER:
80.717.70
603. CASHf TOIIXIIIIIIJ SELLER:
78.645.57
SUBSTITUTE FORM lomI SELLER STATEMENT.The information contained in Blocks E. G. H and I and on line 401 (or. if line 40t is asterisked.lines 403 and 404) is important tax information and is being
furnished to t~e Internal Revenue Service. If you are required to file a return. a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS
determines that it has not been reported. '
SELLER INSTRUCTION.1f this real estate was your principal residence, file form 2119. Sale or Exchange of Principal Residence. for any gain, with your income tax return: tor other transactions.
complete the applicable parts 01 form 4797. Form 6252 and/or Schedule 0 (Form 1040).
You are required by law to provide with your correcltaxpayer identification number
If you do not provide with your correct taxpayer identification number. you may be SUbject to civil or criminal penalties.
Under penalties of perjury, f certify that the number shown on this statement is my correct taxpayer Identification number.
Seller
MIS LOI'
~
f
PAGE 2 OF OMS No. 25020265
---- .-. ---nTe-lJ71lJlJOOtr--
PAID FROM PAID FROM
v' - L SETTLE NT CHARGES BORROWER'S SElLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISSION Based on price S @ %= A T SETTLEMENT A T SETTLEMENT
~ivision 01 commission (line 100) as follows: --~----,. ..-
------ -
701$ to ---.-....------ _n ______,_______ ------------_._--~-
---_.._._-------_....~---_._._-----_._... ----- -- ----- ------- -.. -.--------------- ----~--~._---
702. S 10
---~---- . ---------------------------------------~-- ----------.---. -
703. Commission paid al settlement ----,-------
704.
8oo.ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. loan Origination lee %
802. Loan Oiscounl %
803. Appraisal Fee to
804. Credil Report to
.-.
805. lender's inspection fee -
806. Mortgage Insurance applicalion lee to
--~
801. Assumption Fee
808.
809.
810.
811.
9OO.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest Irom 10 @$ /day
902. Mortgage insurance premium lor mo. to
903. Hazard insurance premium lor yrs. to
904. yrs. to
905.
1000 RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mO.@$ per mo. , .:. ;,>'c
1002. Mortgage insurance mO.@$ per mo. . .':,;'<:~'t:
1003. City property taxes mO.@$ per mo.
, ..,.,.,.
1004. County property taxes mO.@$ per mo.
1005. Annual assessments (Main!.) mO.@$ per mo.
1006. mo. @$ per mo. ':,: ,:c,"
1001. mO.@$ per. mo. ; '.': :
1008 mO.@$ per mo. .',,0'
1100. TITLE CHARGES:
1101. Selllement or closing tee to
1102. Abstract or tille search to
1103 Title examination 10
1104. Tille insurance binder to
1105. Document preparation to
1106. Notary lees to
1101. Allorney's fees to to
(inc/udes above items No.. ,
1108. Title insurance to STEWART TITLE OF CLEARWATER 620.00
(inc/udesabove ilems Nt11 0 1 , 1102
1109. lender's coverage 0.00 $
1110. Owner's coverage 79,530.00 $ 620.00
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording tees: Deed $ 10.50 Mortgage $ Releases $ 10.50
1202. Cily/county lax/stamps: Deed $ Mortgage $
1203. Slate tax/stamps: Deed $ 557.20 Mortgage $ 557.20
1204.
1205.
1300 ADDITIONAL SETTLEMENT CHARGE~
1301. Survey to CA..,","",rL CONSULTANTS. INC. Jltr
1302. Pesl inspeclion to NOT Wh'! III IRED
1303.
1304.
1305.
1400. TOTAL SETTLEMENT CHARGES (entered on lines 1UJ, :sectIon J and 502, sectIon K) 1 187.70
P
s
nt 01 the funds which were received and have been or will be disbursed by Ihe undersigned as part 0
"- I
. Sel1leP.'!nl AJ3,nt. '..' Date A
IELLEII's AND. OR PURCHAlIU'S STATEMENT Seller's and Purchaser's signature hereon acknowledges hlslthelr approval 01 tax prorations and slonlfles their understanding that prorations were b offllfpr , estimates
'or the current year. and In th~nt 01 any change lor the current year. all necessary adjustments must be made between Seller and Purchuer; IIkewlsa any default In delinquent taxes will be reimbursed to TIlle Company bY, the Seller.
TItle Company, In Its capacity, es Escrow Agent, Is and has been authorized to deposit alt lunds It receives In this transaction In any flnanc:lallnslltutlon. whether alllllated or not. Such IInanclellnstltutlon may provide TIt e Company com puler
accounting and audit services d rectly or through a separate entity which. If alllllated with TItle Company. may charge the IInanclallnstitutlon reasonable and proper compensation therefore and retain any proll heretrom. Any escrow fees paid by any
party Involved In Ihls Iransactlon shall only be lor checkwrltln nd Input to the computers. but not lor a'oresald accounting and audit services. TItle Company shall not be liable for any Interest or other charge n e earnest m er, and shall be under no
duty to invest or reinvest funds held by it at any time. Seller Purchaser hereby acknowledge end consentto the depoelt olthe escrow money In IInanclallnstltutlons with which Title Company has or ma av other bankl g e atl nshlps a further
consentto therelentlon byTltll Company a/or Itsallll e !any an~JI nellts (Including dvanteglous Intlrest rales on 10enalTltle Company and/or Itsalllll~elvl.lrom SJlltJll by rlaso, of I alntena e 01 said
escrow accounts. , , KlAiIY( U. UJ
Thl parties have read the above s r Ita, e1n ar lal. to same, and recognize Title Company Is relying on the sarRANK A PIn
Purchasers/Borrowers II...
MIS LDI '
~
r-
PAGE 2 OF OMB No. 2502.0265
~-'-i-' l."lle ~L1UUUb4
PAID FROM PAID FROM
~. . L. SETTt NT CHARGES BORROWER'S SEllER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISSION Based on price $ @ %= AT SETTLEMENT AT SETTlEMENT
~ivision 01 commission (line 700) as follows: . ----~-- --
----
701$ to -------~----'--- f---
-- ------~-- ---.--------------- ----.-~,---- -- - -~
702. $ to
1-------
703. Commission paid at settlement .-.--.---- -..---------------...--
704.
800.ITEMS PAYABLE IN CONNECTION WITH LOAN,
801. Loan Origination fee %
802. loan Discounl %
803. Appraisal Fee to
804. Credil Report to i
805. lender's inspection fee
806. Morlgage Insurance application fee to
807. Assumption Fee
_.
808.
809.
810
811.
9OO.ITEMS REQUIREO BY LENOER TO BE PAlO IN AOVANCE.
901.Interest from 10 @$ /day
902. Mortgage insurance premium tor mo. to
903. Hazard insurance premium lor yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mo.@$ per mo. .,
1002. Mortgage insurance mO.@$ per mo. ~
1003. City property taxes mO.@$ per mo.
1004. County property taxes mo.@S per mo. t" :,':-:l'
mo. @S .', :;': .
1005. Annual assessments (Main!.) per mo.
1006. mo.@S per mo. ,.; :.<
1007. mo.@S per.mo.
1008. mo@S per mo.
1100. TITLE CHARGES:
1101. Settlement or closing fee to
1102. Abstract or title search to
1103. Title examination to
1104. Title insuranee binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to to
(inc/udes above items No..
1108, Title insurance to STEWART TITLE OF CLEARWATER 620.00
(inc/udes above items N~ 1 0 1 , 1102
1109. lender's coverage 0.00 S ..
1110. Owner's coverage 79.530.00 S 620.00
1111.
1112.
1113
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed S 10.50 Mortgage S Releases $ 10.50
1202. City/county tax/stamps: Deed S Mortgage S
1203. State tax/stamps: Deed $ 557.20 Mortgage S 557.20
1204.
1205.
1300.ADDITIONAL SETTLEMENT CHARGES
1301. Survey to CAMPRF.r.r. CONSULTANTS. INC. llfY"
1302. Pest inspection to NOT REOUIRED
1303.
1304.
1305. ./l
1400. TOTAL SETTLEMENT CHARGES (entered on Imes 103, Section J and 502, seCl/on K) 1 ./1 ft7 ,,-UO --If. 11 /fA
CERTIFICATION: t hlvl Clrllully rlvltwed thl HUD-l.l!:=ment Slllemenllnd 10 Ihl bI.lol my knowlldaelnd bllI.1, Ill. I lrue and accurlll.laltmenlolall rlc.lpls and dISbU~~ a~ ~~rl'lIlC certify
that ~'~co~l"a \ [AC7Af 'j
..'. ...- . 114 P _.~ r Sli1H;I ,
/ /' ~ ... I\, /L:t 1/. ~ II \. ./ :>
Borrowers If ~~n: ~.A"L . ~ r VER
To the best of m knowled the D-1Settlement Stal ent wh~h I hall6l par" is a true 'I:;[Jr~oont of the funds which were received and have been or will be disbursed by l!leunderslgned as part o~nt Vttris transaclion.
),'/1 '/ _ 12/18/92
Stllleffi.lnlA.lIenl ~.. > '- / /,'" . - '-- Dall li'DANIr A llTnAT.A
SElLER'1 ANo/OR PURCHASE 'S STATEMENt'9eller's and Purch.ser's slgnalure hlrlon acknowledges hls/1llllr approval 01 tax proraltons and slgnlll" 1IIllr undlrslandlng Ihal prorallons werl ba1e~MrlUt!1offll'preeu_ftlr,'btesllmalll
lor the currenl Ylar. and In Ihllvolany changllor 1111 currenl Yllr. all necessary adJuslments mull be made bllwlln Seller Ind Purchaser: IIklwlse any dellultln d.llnquentlaxls will bI rllmbursld 10 Tltll Complny by Ihe Saller.
TlIII Company. In lIs capacity as Escrow Agenl. Is and has beln au1llorlzld 10 dlposltalllunds It recelv" In Ihl.lransaclton In any nnanclallnslllullon, whelher afflllatld or not. Such IInancllllnslltullon may provide TIlla Company compute,
Iccounllng and ludlt.servlces dlreclly or through a separallenllly whlch,lIafflllalld with TIlla Company, mlY chargllhl IInanc:lallnslltullon rellonablland proper compenslllon therelore Ind r In Iny proflls Iherllrom. Any escrow fees paid by anI
party Involved In this trlnsacllon shill only be lor checkwrlllng Ind Inpullo lhe compuler., but nOllor aloreslld accountll1Q and audll services. Title Company shall nol be Uable lor any Inllresl I r chlrges on the nesl money and shall be under ne
duty to Invest or relnvesl funds held by Ital any lime. S sand Purch Irs hlreby acknowledge and consent to the doposrl ollhe escrow money In IInancllllnslllullons with which TIlII Co any IS or ml eo er bing rellllonshlps and further
consent to the relenllon by T~tle Com an Ind/or Its I ates o/'ltny all blnafll. (Including advanlageous Inleresl rites on loans) TllIlCompany and/or Ilsalllll~elv om f by.r 01 Irmalntena fsal~
escrow accounts. ... K~ .
The parties have read Ihe abo s . re 0 e s herein I I to same. Ind recognize TIlII Company Is rllylng on Ihe sa
Purchasers/Borrowlrs S II rs .
p
Unilad Slates on this or any olher similar lorm. Penalllll upon convicllon can Include I IInl and Imprlso
"
,c.. ::.~:~n ': (ond,,,. ,:".rlrl,m'rl '!n"'r.rlonv.I"~.l 9210001
W/lF1n/lNTY DEED
LONr: r.OAM
I
R/lMeO rOF1M 1
^drlfU':
(.... .
:\:" ,
to-
...
?:
~8.
. ;
GERMAI~
"
.rJ
"
."
"-
old
~.
..l!
i
8
f>
. MIl<ELL L. ST.
This Instrument Prepared by:
Add,.,,:
,'" !.i ~.r - !! ' 0" 'j t : " l' ':.
,~) ~'nt~:.~ J~.':: '~.'L>~,
"",::" l.'
rroperty ApprAIsers Porcel Identiflcotlon IFoliol Numberlsl:
Granteelsl 5.S. Ilsl:
SP/lCE /lBOVE TIllS LINE FOR PnocESSING DATA
S,,/lCE ABOVE TIllS LINE FOR AECOnDING OATil
m~tlt 1II1htrrutttu IJrrb Made the
PINNACLE ENTERPRISES, a Florida general
and ROGER D. COPENHAVER, a' (h\JoQc(~
FRANK A. PIDALA, a 1M(l V.'lllJJ.. man, as
hereinafter called the grantor, to
11 day of December, A.D. 19 92 I)y
partnership as to an undivided 50% interest,
man, as to an undivided 25% interest, and
to an undivided 25% interest
CITY OF CLEARWATER, F1.,()RIDA
whose ]JOst office address is
P.O. Box 4748, Clearwater, Florida 34617
hereinafter called the grantee:
(Whf'r@yu UII.d hf't'f'ln the t..-rmll -1I,nt.o,. and .gran..... lnelude .n tile parUf"tI 10 thl. Inflt.ru",('nt a"rt UII"
....it.. '.R"'I t"rr~,.('ntAUy~. Anrl .1t,,1,-"1I or IncllvIAu.I... anel th. lueee...on and "-1t"~Rnll nr eol'rnu,Uon~)
.fhtl!ssl!t~: That the grantor, for a.nd in consl:deration of the :::um of $ 10.00 and other
valuable consl:deraHons, reed", whereof is herel)y acknowledged, herel,y grants, bargains, scll.~, oUens, r'cmisr:::,
r'cleascs, convcys and confirms unto the gmntee all that certnin land .~i'1W'e in Pinellas
County, State of Florida , m:l:
Begin at the Southeast corner of the SW 1/4 of the NW 1/4 of Section 21, Township
28 South, Range 16 East, for P.O.B.; thence N~ 0 deg. 02' 41" West along the 40 acre
line, a distance of 104.0 feet, thence N. 89 deg. 24' 39" West, 416.0 feet; thence
S. 0 deg. 02' 41" East, 104.0 feet; thence S. 89 deg. 24' 39" East, along the 40
acre line, a distance of 416.0 feet to the P.O.B. Subject to easement over and
across the Northerly portion of said description as granted in O.R. Book 943, Page
368 for ingress and egress, Public Records of Pinellas County, Florida.
LESS AND EXCEPT the easterly 100.0 feet as deeded to PINELIJlS COUNTY and as
described in Deeds recorded in O.R. Book 4133, Page 1772 and in O.R. Book 7890,
Pages 663 through 665, all of the Public Records of Pinellas County, Florida.
Parcel no. 21/28/16/00000/230/1200
Property is not the homestead of
/;//1:1 {l~vitt (!J;,r~
/70 J 'J /'QIr'Ccc.., ITlq.....t/- ~l
the Grantors, they in fact reside at:
1.1; 3> 3549
---;'C v.-.~JI" Q F (
(ROGER D. COPENHAVER)
Grantors social sec.If..--;;I:1.<-5 fl,jf35(ROGER)
:0 -l) df (FRANK A. PIDALA)
.' ;;) b 5' ~ r:Jo- 20 is (FRANK)
I,
~
I
,,,,"
t
UlI1!ldl,rr. wl:th all the tenements, hereditaments and a]Jpurtcnanus thereto lJclony,:n!l or l:n nnywise
a]Jpe1.tal: nillg.
<Du JhtUr nub tu ltulb. the same l~n fee simple forever,
.1\ub the grantor herel)y COI'enants with said grnntee that the grantor is lawfully seized (~f suid land in fee
simlJle; that the grantor has good right and lo.wful authority to sell und convey suid land, and hereby Wa1'rants
the tWe to sOl:rlland and will cl~rend the snme against the lawful claims (ifnll]Jersons whomsoeve1'; and that said
land is J1'ee of all encuml)rallces, except tuxes occ1'uing sulJsequen t to Vecember 'fY)OHIX 18, 1992., and
all easements and restrictions of record.
and
has signed and sealed these preflents the clRY
delivered in the presence of:
W. ::VAl if.e IT
STA TE 010' FLORIDA
COUNTY OF PINELLAS
IIJERERY CERTIFY lhat on this dal', before me, an officer duly authorized In the Stote aforesaid and in the County ofol'espjd to toke
acknowle.lgments, personally appeared DAVID S.MITCHELL, or
PINNACLE ENTERPRISES, a Florida general partnership to me known to be the pel'son descl ibed In all"
who ex~cute<1 the foregoing Instrumenl an,1 he acknowledged before me that he . ~eeute,1 the some.
WII'NESS my hand and offielol seal In the County and Sts~'ast aforesa d this .-Z I 57 rl~ of ~ December. ^ O. 19 92.
R"IAI 7 7 ) /1 · . I ( .
MiKELL J.,. iT, GE ~~ /, 1 ~" - ') ,'? '/ 1'-"
~lWf~blk. s:~ of FlorJqa 01 . pal.r. '
SEAl, ~_~~~t'g~4f:& 1990...;nte,INol>ry Slg,,>III'. MIKELL L. ST. ~_ERMAIN _
My Commi..lou ~:xpi..e":
Signed, sealed and delivered in the
\
)
v(firtUJ4~I~' ~~
, ;}.~:iL{'f4V~)
..... Wl ness 1.
D~~eRTA ~ID
. ....l....
.'~
presen:e ~{ (~)~~
'pal....
ILID
2mp~
V:. n ....l.-:.-.U...L . ... >.t2...
. . FRANK A. PIDALA
STATE OF FLORIDA
COUNTY OF PlNELLAS
IIIEREBY CERTIFY that on this day, before me, an officer ~!I_l!uthorlzed In,lh, Slate aforelald and in lhe Cou!!!r .8J~t:.esairl to
take acknowledgmenls, persol'ally aPJlC!ared ROGER D. COPJiliHAVER, a QIUc((Ceoc.L man and l"J:U\NK A.
PIDALA, a m ~~ I ~d.. man, who are X known to me t:' me known lo be the pe"~on described in
and who l!XecIIled lhe foregoing Inlllrument and they acknowlcdgccl before me lhal they execuled the ~8Il1e.
WITNESS my hand and ofr1Clal Bealln the County and Slate l8l!t a(oreBBid lhis /7 U dnyof December
A.D. 19 92
** or
who have produced their
as identification
who took an oa
( seal) ,
. v
/.~~.hu~
d Notary ....l......
an (~U!E,Je /J(. IlJl(!4-Le& ~
"nn~d Notary Rip......
My C'..ommlulon ElI:pi"".';~\',L'.r~" rfl~LIL\ ST'~ '~.'_p' q~:' ,~.l'~,C~H:::.,
j'.l"/ Cf}~,-;;r ,i:-;;:~'-"--;-ri ~",~:';,;_-,:;:._.':~~ ~Jd" '"I, ~,_~ :./:!~ _.
CGI'4i1l.:n '1'~:C~J I~C f,' ~~ 'IJ.' \':J.::'I).~C \n~v;."~(\./Cd \i:nn
American Land Title Association Commitment. 1966
c,-c"',,,===c=c=c==="====,==,+==-ee=,.
COMMITMENT FOR TITLE
ISSUED BY
-:+
'''"cc==,-=,,,==,.- -c -Ie=.'----
INSURAN~E
92100064
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed 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 pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and 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 obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STE",rART TITLE
~~;d~~
,tI,Jl/JI///uq,."
II'~ :'{\.E ef/. """
l ~\.........iof.~%
I;;........ .... ,
l~'" ~\)\lPON.f~'" \
~~:~ _*_ ~:..o(~
\';;,~. 1908 /{;1/
~ ;,.... .*. ...~ ~
~ ~"""", l
..........""EXA."'ljIIl
"",fW/I"If,.
GUARASTY CO"'PASY
r.
Chairman of he Board
CO"~~4~_
Au1tflOrized Signatory
Company
City, State
Serial No. C. 9912. 8 4 70 3 8
005N Rev. 3/78
.'
I
I
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon 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 from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured 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 I nsured and such parties included under the definition of I nsured 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 I nsured 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.
STE"W"ART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
mls
I
I
SCHEDULE A
at 5:00 P.M.
Commitment No.
C-9912-847038
Your No.:
92100064
Prepared For: CITY OF CLEARWATER, FLORIDA
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(a) [j< AL T A Owner's Policy
$
92,000.00
Proposed Insured: CITY OF CLEARWATER, FLORIDA
(b) D AL TA Loan Policy $
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3, Title to said estate or interest in said land is at the effective date hereof vested in:
PINNACLE ENTERPRISES, a Florida general partnership as to an undivided
50% interest and ROGER D. COPENHAVER, as to an undivided 25% interest and
FRANK A. PIDALA, as to an undivided 25% interest
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Begin at the Southeast corner of the SW 1/4 of the NW 1/4 of
Section 21, Township 28 South, Range 16 East, for P.O.B.; thence
N. 0 deg. 02' 41" West along the 40 acre line, a distance of
104.0 feet, thence N. 89 deg. 24' 39" West, 416.0 feet; thence
S. 0 deg. 02' 41" East, 104.0 feet; thence S. 89 deg. 24' 39"
East, along the 40 acre line, a distance of 416.0 feet to the
P.O.B. Subject to easement over and across the Northerly portion
of said description as granted in O.R. Book 943, Page 368 for
ingress and egress, Public Records of Pinellas County, Florida.
.;
LESS AND EXCEPT the easterly 100.0 feet as deeded to PINELALS
COUNTY and as described in Deeds recorded in O.R. Book 4133,
Page 1772 and in O.R. Book 7890, Pages 663 through 665, all of
Continued on next page
Page 2 of 5 STEWART TITLE
2552
GUARANTY COMPANY
Order Number:
I
CONTINUATION SHEET
SCHEDULE _
A
92100064
PROPERTY DESCRIPTION CONTINUED:
the Public Records of Pinellas County, Florida.
Page_ 3 of 5
DOSS
I
Commitment Number:
C-9912-847038
STEWART TITLE
GUARANTY COMPANY
~t:J
\
.....~I ~,.,
I
I ORDER NO:
92100064
SCHEDULE B
C-9912-847038
Commitment Number:
I. The following are the requirements to be complied with:
1. Instruments neces to create the estate or interest to be insured must be properly executed, delivered and duly filed for
~co~'va' photo identification (ie: Driver's License, Passport) and
a ocial security numbers required of all parties to the
transact'on by the Insuror.
of 1992 Real Estate Taxes.
II.
Copy of artnership agreement for PINNACLE ENTERPRISES, a
v} Flo . a general partnership to be provided to the Insuror.
O~ Continued on next oaqe
Sche. e B of the policy or policies to be issued will contain exceptions to the followmg matters unless tne Saf'Tf"e 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. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises,
(d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean orgulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any.
3. Special Exceptions:
(a) Taxes. Subject to Taxes for the year 1993 and subsequent years ,which
are not yet due and payable. Parcel No. 21/28/16/00000/230/1200
Gross Tax for the year 1992, $949.78.
4.
Subject to easement for ingress and egress over and
Northerly ten (10) feet recorded in O.R. Book 1967
the Public Records of Pinellas County, Florida. '
across the
Page 541 of
2153
Page ~x 4 of 5
STEWAH.T TITLE
GUARANTY COMPANY
f. ,-
""- ~-'.,.
I
I
CONTINUATION SHEET
Order Number:
SCHEDULE _
B
Commitment Number:
92100064
C-9912-847038
SCHEDULE B - PART I CONTINUED
d) Wa anty Deed to be executed from the General Partner(s) of
. J' J NNACLE ENTERPRISES, a Florida qeneral partnership as to an
~ undivided 50t interest and ROGER D. COPENHAVER, showinq marital
O~'status,as to an undivided 25t interest and FRANK A. PIDALA,
. . showinq ma. rital status as to an undivided 25t interest to CITY
OF CLEARWATER, FLORIDA.
Page ---s-- of 5
STEWART TITLE
0055
GUARANTY COMPANY